District of Utah
Press releases recorded for this federal judicial district.
Guilty on All Counts, Jury Convicts Fort Duchesne Man for 2018 MurderRead the Press Release
Salt Lake City, Utah – On August 18, 2023, a federal jury convicted a Utah man of murder in the second degree and other related charges. After a five-day trial, Brandon Redfoot was found guilty on all five counts charged in the indictment. Charges include murder in the second degree while within Indian Country, assault with a dangerous weapon while within Indian Country, felon in possession of a firearm and ammunition, and two counts of discharge of a firearm during and in relation to a crime of violence.
According to court documents and the evidence presented at trial, Brandon Redfoot, 28, of Fort Duchesne, Utah, shot and killed another man, on June 7, 2018. According to testimony at trial, Redfoot was in a physical altercation with the victim outside a store in Randlett, Utah. After the fight, and after the two men parted ways in separate vehicles, Redfoot told the driver of the vehicle he was in to turn around and drive back in the direction the victim had traveled. After the driver refused, Redfoot pulled out a firearm, later identified as a KelTec Sub-2000 9mm folding rifle, and threatened the driver to turn around by firing the gun inside the vehicle. The driver complied, and ultimately arrived outside a residence where Redfoot spotted the victim. Redfoot fired at least twenty-nine shots in the direction of the victim and others, ultimately hitting the victim in the back of the head and killing him. Redfoot faces a maximum statutory sentence of imprisonment of up to life.
FBISentencing is scheduled for October 27, 2023, at 2:00 p.m. in courtroom 3.4 before U.S. District Court Judge Clark Waddoups at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
U.S. Attorney, Trina A. Higgins for the District of Utah made the announcement.
The case was investigated by the Bureau of Indian Affairs (BIA), the Federal Bureau of Investigation (FBI) Vernal Resident Agency and investigators from the Ute Tribe.
FBI
Assistant United States Attorneys Michael J. Thorpe and Sam Pead of the U.S. Attorney’s Office for the District of Utah presented the case at trial.This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Three Year Manhunt for an Alleged Fake Doctor Selling an Unproven Coronavirus Cure Ends with Utah Fugitive Behind BarsRead the Press Release
Salt Lake City, Utah – A Utah resident and three-year fugitive was arrested in Utah County on federal charges after fleeing from federal law enforcement in 2020.
According to court documents, Gordon Hunter Pedersen, 63, of Cedar Hills, Utah, was spotted during surveillance by federal agents on July 5, 2023. Pedersen had a warrant issued for his arrest on August 25, 2020, after failing to appear on an indictment in federal court. The indictment charges Pedersen with mail fraud, wire fraud and felony introduction of misbranded drugs into interstate commerce with intent to defraud and mislead.
Court documents also provide that at the beginning of the COVID-19 pandemic, before approved vaccines were available, Pedersen sold via the internet a “structural alkaline silver” product which he claimed “resonates, or vibrates, at a frequency that destroys the membrane of the virus, making the virus incapable of attaching to any healthy cell, or to infect you in anyway.” In Pedersen’s alleged attempt to further defraud, he falsely claimed on YouTube videos to be a board certified “Anti-Aging Medical Doctor.” He is further alleged to have falsely claimed to have a PhD in immunology and a PhD in Naturopathic Medicine.
A pending civil case is being handled by the Department of Justice, Civil Division’s Consumer Protection Branch with assistance from the U.S. Attorney’s Office for the District of Utah. A previous press release on the civil and criminal actions can be found here: https://www.justice.gov/opa/pr/utah-man-posing-medical-doctor-sell-baseless-coronavirus-cure-indicted-fraud-charges.
The image was entered into the public record on PACER in a detention memo. Image: YouTube.com/Public RecordPedersen is scheduled to make his initial appearance on the criminal indictment and to appear at a detention hearing Tuesday, August 15, 2023, at 1:30 p.m., in courtroom 8.4 at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
U.S. Attorney Trina A. Higgins of the District of Utah made the announcement. The case is being investigated jointly by the FDA’s Office of Criminal Investigation (FDA-OCI), Homeland Security Investigations (HSI), and the Federal Bureau of Investigation (FBI) Salt Lake City Field Office.
The criminal action is being prosecuted by Assistant United States Attorneys Jacob J. Strain and Brian Williams from the U.S. Attorney’s Office for the District of Utah, with assistance from Trial Attorneys Speare Hodges and Sarah Williams from the Department of Justice, Civil Division’s Consumer Protection Branch. James Smith from FDA’s Office of Chief Council is also assisting.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus and https://www.justice.gov/coronavirus/combatingfraud.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Utah Man Sentenced for Hate Crime Attack of Three MenRead the Press Release
A Utah man was sentenced yesterday to 20 years in prison followed by five years of supervised release for his bias-motivated attack of three men at a family-owned business.
On Feb. 19, 2020, after a five day trial, a jury in Salt Lake City convicted Alan Covington for attacking three men with a metal pole because he believed the men were Mexican.
According to evidence presented at trial, on Nov. 27, 2018, Covington, armed with a metal pole and hatchet, entered a family-owned tire shop, Lopez Tires. Upon entering the shop, the defendant demanded to know if the men were Mexican. According to testimony at trial, the defendant shouted that he wanted to “Kill Mexicans” and then began swinging the metal pole at the business owner, his brother, and teenage son. Covington hit the teenage son with the metal pole, taking him to the ground and causing serious physical injury to his face. Covington continued his attack striking the father multiple times in the back and eventually turned his attack on the business owner’s brother, who was able to escape without injury and report the matter to police. Covington was apprehended by police near the tire shop, with a metal pole and a hatchet in his possession.
“This defendant brutally assaulted a family and attempted to kill a young man because he believed they were Mexican,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Such bias-motivated violence is fundamentally at odds with our most deeply held values. The Justice Department will continue to aggressively pursue and bring to justice those who commit such acts.”
“This was a horrific act of hate-motivated violence and there is no place for it in our state or country,” said U.S Attorney Trina A. Higgins for the District of Utah. “These victims are part of our community, and no one should ever have to fear for their safety because of their race or nationality. With Covington now behind bars, we hope the victims and their families can find peace and heal from this unspeakable act of hate.”
“We hope the sentencing provides some measure of justice for the victims, whose lives will never be the same because of Mr. Covington’s heinous actions,” said Special Agent in Charge Shohini Sinha of the FBI Salt Lake City Field Office. “Our country is rich in diversity and violence motivated by hate – like all violence – has no place here. The FBI will vigorously defend the civil rights of all in the communities we serve.”
Assistant Attorney General Clarke, U.S. Attorney Higgins and Special Agent in Charge Sinha made the announcement.
The FBI Salt Lake City Field Office investigated the case, with the cooperation of the Salt Lake City Police Department.
Assistant U.S. Attorney J. Drew Yeates for the District of Utah and Deputy Chief Rose Gibson of the Civil Rights Division’s Criminal Section prosecuted the case.
Utah Resident Pleads Guilty to Animal Crushing and Posting the Torture on YouTubeRead the Press Release
Salt Lake City, Utah – A Davis County man pleaded guilty today to animal torture via animal crushing and posting multiple videos of the animal crushing on YouTube while in the District of Utah.
According to court documents, in October 2021, Samuel J. Webster, 20, of Farmington, Utah purposefully engaged in animal crushing by purchasing a male guinea pig from a pet supply store in Farmington, Utah. Webster purposefully subjected the guinea pig to serious bodily injury by hitting, sexually coercing, and penetrating the guinea pig and then posting it on YouTube, titling the video “Porn.” Webster further admitted, the guinea pig was obtained in interstate commerce for the purpose of creating and distributing YouTube videos around the world that he made of himself torturing and killing the guinea pig.
Webster pleaded guilty to distribution of animal crush video and animal crushing. He is scheduled to be sentenced on December 11, 2023, at 8:30 a.m. in courtroom 8.3 at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
U.S. Attorney Trina A. Higgins of the District of Utah made the announcement.
The FBI Salt Lake Field Office is investigating the case.
Assistant United States Attorney Melina Shiraldi of the District of Utah is prosecuting the case.
If you are aware of animal cruelty, please report it to law enforcement or call 1-800-CALL-FBI or leave a tip at tips.fbi.gov.
California Man Sentenced in Utah for Conspiracy to Commit Wire Fraud in Multi-Million Dollar Telemarketing SchemeRead the Press Release
Salt Lake City, Utah – A California man was sentenced to 12 months and one day of imprisonment and ordered by the court to pay over $48,000 in restitution after he admitted to conspiracy to commit wire fraud by participating in a telemarketing scheme that sold fraudulent products to the public.
According to court documents, Charles Robert Brewer, aka “Robert Brewer” or “Scott Brewer,” 59, of Manhattan Beach, California, joined a telemarketing conspiracy that spanned several states, including the District of Utah, and caused millions of dollars in losses between June 2016 to February 2017. In furtherance of the conspiracy, Brewer processed payments quickly so that he and his co-conspirators could process the victims’ credit card transactions through merchant accounts and then transfer the victims’ money to safe accounts before the victims realized they had been defrauded and thereby demand refunds, and before the credit card companies recognized the fraud and shut down the merchant accounts. The telemarketing rooms sold different fraudulent products, including but not limited to, “Amazon rooms and accompanying advertising,” “government grants,” and “business opportunities.” Additionally, Brewer helped recruit “nominees,” persons whom he used to set up the merchant accounts to run the fraudulent transactions through without the nominees’ knowledge of the fraud. Brewer helped fabricate fraudulent financial documents and bank statements to trick credit card companies into setting up the merchant accounts. He helped his co-conspirators impersonate satisfied customers to deceive auditors. Brewer also personally sent emails to a payment processor wherein he impersonated a merchant account owner to make fraudulent excuses for the high number of chargebacks to keep the merchant accounts open after the credit card companies became suspicious.
In addition to his term of imprisonment, the court ordered Mr. Brewer to serve 24 months of supervised release and to pay $48,639.86 in restitution.
U.S. Attorney Trina A. Higgins of the District of Utah made the announcement.
The case was investigated jointly by the Internal Revenue Service Criminal Investigation (IRS-CI) and the Federal Bureau of Investigation (FBI) Salt Lake City Field Office.
Assistant United States Attorney Todd C. Bouton of the District of Utah prosecuted the case.
U.S. Attorney’s Office Joins Ogden City Police Department for National Night Out EventRead the Press Release
Salt Lake City, Utah – The U.S. Attorney’s Office for the District of Utah will join community organizers, neighbors, and law enforcement partners to participate in National Night Out, which kicks off celebrations August 1, 2023. During this year’s National Night Out, U.S. Attorney Trina A. Higgins will attend Ogden Police Department’s “Ogden Night Out Against Crime,” on Tuesday, August 8, 2023.
The annual event will take place at Lorin Farr Park in Ogden from 5:30 p.m. to 7:30 p.m. and is free to the public. Ogden’s Night Out is an opportunity to bring law enforcement agencies, resources, and other organizations together to aid in the fight against crime and strengthen neighborhood spirit. There will be booths, food, beverages, prizes, and great local entertainment.
“The U.S. Attorney’s Office is committed to strengthening the bonds of partnerships between law enforcement and the communities we serve. Annual events like Ogden’s Night Out Against Crime provide the opportunity for us to build on those efforts and to engage with the community as well,” said U.S. Attorney Trina A. Higgins for the District of Utah.
“The Ogden Police Department is looking forward to the upcoming Night Out Against Crime event. We are grateful for the support of the United States Attorney's Office and are once again excited to interact with our community. As always, we appreciate the community support, and we anticipate this will be another outstanding annual event,” said Lt. William Farr, Ogden City Police Department.
National Night Out is an annual community-building campaign that promotes partnerships and camaraderie between law enforcement and the communities they serve to make our neighborhoods safer places to live. Millions take part in National Night Out across thousands of communities throughout the country on the first Tuesday of August in most areas of the country.
National Night Out was established in 1984 with funding from the Bureau of Justice Assistance of the U.S. Department of Justice. The program is administered by the National Association of Town Watch, a nationwide non-profit organization.
Coordinated by local law enforcement and trained volunteers, National Night Out provides a great opportunity to bring police and neighbors together under positive circumstances. Neighborhoods host block parties, cookouts, festivals, parades, safety demonstrations, seminars, youth events, visits from emergency personnel, and more. National Night Out sends a message that neighbors are united and working together to keep their communities and each other safe.
For more information, visit https://natw.org/.
Ringleader in Major Drug Trafficking and Money-Laundering Conspiracy Sentenced to 121 Months in PrisonRead the Press Release
St. George, Utah – A foreign national was sentenced today to 10 years’ imprisonment after he admitted to distributing large quantities of fentanyl, methamphetamine, and marijuana in St. George.
According to court documents, Angel Rubio-Quintana, 42, of St. George, Utah, was first discovered by agents in March 2020, after learning that an individual in St. George was receiving large amounts of methamphetamine from a Mexican cartel. During an extensive investigation dubbed “Operation Sour Cream,” agents learned that Mr. Rubio-Quintana led the organization’s efforts to import and distribute drugs from Mexico. Between October 2021 and February 2022, agents intercepted over 200 phone calls in which Mr. Rubio-Quintana negotiated drug prices and quantities with his Mexican drug suppliers. Agents conducted at least 13 controlled buys in which they purchased methamphetamine and fentanyl from conspiracy members. In the first controlled buy, the drugs were delivered in a large sour cream bucket that contained methamphetamine. This case involves thousands of fentanyl pills, 3.5 kilograms of methamphetamine, and 45 pounds of marijuana. Between June 2021 and January 2022, Rubio-Quintana’s organization sent over 60 wire transfers to Mexican drug suppliers, totaling over $58,000. As part of his plea agreement, Mr. Rubio-Quintana has agreed to forfeit $23,666. He faces deportation following his 121 months prison sentence.
“Mr. Rubio-Quintana’s actions jeopardized the safety of the St. George community,” said U.S. Attorney Trina A. Higgins of the District of Utah. “Not only did he distribute dangerous narcotics, but he also took advantage of naïve young people convincing them to join in his conspiracy. We appreciate the efforts of all law enforcement agencies involved in this investigation and in removing this harm from our communities.”
"The community in Southern Utah can now feel safer knowing Mr. Rubio-Quintana was sentenced to a long time in prison," said Acting Special Agent in Charge Cheyvoryea Gibson of the Salt Lake City FBI. "As the head of a drug trafficking organization, Rubio-Quintana was responsible for importing deadly drugs into St. George and other areas in the Western United States. He even recruited young members of the community, including his own teenage son, to participate in the local drug trade. It is the FBI's mission, along with our law enforcement partners, to ensure our communities remain safe. This sentencing serves as a warning to others that drug trafficking will result in serious consequences."
“Mr. Rubio-Quintana was the leader of one of the most prolific and sophisticated drug trafficking organizations in Southern Utah. His sentencing, along with the dismantlement of his distribution network, signifies the Drug Enforcement Administration’s relentless pursuit of individuals distributing poison throughout our communities,” said Assistant Special Agent in Charge Dustin Gillespie. “Today’s sentencing is the result of a strong collaborative effort with our federal, state, and local law enforcement partners in Utah.”
The case was investigated jointly by the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI), U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), Internal Revenue Service (IRS) and Washington County Drug Task Force.
Assistant United States Attorneys Stephen P. Dent and Angela M. Reddish-Day of the District of Utah prosecuted the case.
Alleged Drug Dealer Facing Federal Charges Following Fentanyl DeathRead the Press Release
Salt Lake City, Utah – A federal grand jury in Salt Lake City returned an indictment charging a Weber County man for allegedly possessing fentanyl with intent to distribute, which led to another person’s death by drug intoxication.
According to court documents, in February 2023, Spencer Massengale, 31, of Ogden, Utah, knowingly possessed with the intent to distribute Fentanyl in the District of Utah, which resulted in death. According to the allegations, the victim was found unresponsive on the couch at Mr. Massengale’s residence by Massengale’s roommate. Upon Massengale’s return home, neither he nor the roommate called 911 until Massengale ensured his fentanyl had been hidden. After obtaining a search warrant for Mr. Massengale’s residence, police discovered approximately 330 pills containing fentanyl. Additionally, evidence obtained from Massengale’s cell phone shows the victim one week prior suffering from the effects of a near-fatal overdose.
Massengale is charged with possession of fentanyl with intent to distribute resulting in death. He was arraigned on the indictment before a U.S. Magistrate Judge on July 14, 2023. His detention hearing is scheduled for July 21, 2023, at 11:00 a.m. in courtroom 8.4 at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case is being investigated by the Weber Morgan Narcotics Strike Force and prosecuted by Assistant United States Attorneys.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Truck Driver Found Guilty of Possession of Child PornographyRead the Press Release
Salt Lake City, Utah – A federal jury convicted a Salt Lake County man today of possession of child pornography via the internet.
According to court documents and the evidence presented at trial, Zachary Matthew Hansen, 40, of West Valley City, Utah, downloaded images and video files containing child sexual abuse materials from a file-sharing network. On August 11, 2017, in the District of Utah, an FBI agent, acting in an undercover capacity and using law enforcement tools identified a device with an IP address that was later identified as Hansen’s cellphone and contained downloadable child sexual abuse materials via a file-sharing network. During multiple examinations of Hansen’s cellphone, federal agents found multiple images and videos of child sexual abuse materials.
Hansen’s sentencing hearing will be scheduled at a later date before U.S. District Court Judge Howard C. Nielson, Jr. at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
U.S. Attorney, Trina A. Higgins for the District of Utah made the announcement.
The case was investigated by the FBI Salt Lake City Field Office.
Assistant United States Attorneys Mark Hirata and Carol A. Dain are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Convicted Felon Indicted and Behind Bars for Possession of a Firearm and AmmunitionRead the Press Release
Salt Lake City, Utah – A federal grand jury in Southern Utah returned an indictment charging a Washington County man, and convicted felon, with possession of a firearm and ammunition.
According to court documents, Daniel Demetrio Vigil, 62, of Hurricane, Utah, was taken into custody on June 27, 2023, after Hurricane Police Officers responded to a 911 call at the defendant’s residence. Upon officers’ arrival, Vigil, a convicted felon, was allegedly found in possession of a fully loaded firearm, intoxicated, and was noncompliant with officers. Additionally, as Vigil was being handcuffed, an officer retrieved a fully loaded and cocked Smith & Wesson revolver, which could have been easily discharged from Vigil’s back pocket.
Hurricane City Police Department (Hurricane, Utah)On Monday July 17, 2023, Vigil was ordered detained by a U.S. Magistrate Judge for the District of Utah in St. George. He was arraigned on the indictment on July 13, 2023.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case is being investigated by the Washington County Drug Task Force.
Assistant U.S. Attorney Brady Wilson for the District of Utah is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney’s Office Announces Summer Anti-Violence InitiativeRead the Press Release
Salt Lake City, Utah – As temperatures continue to rise across the state, violent crime rates tend to also rise. U.S. Attorney Trina A. Higgins for the District of Utah and federal law enforcement partners are aiming to decrease violent crime through a new Summer Anti-Violence Initiative.
Last month, during a meeting with 93 U.S. Attorneys and the heads of the Department of Justice’s law enforcement components, Attorney General Merrick B. Garland discussed ongoing efforts to reduce violent crime and combat that which fuels it. Efforts include, continuing to work alongside state and local partners to implement district-specific violent crime strategies.
“Among other things, we will be reinforcing the importance of identifying, investing, and prioritizing the prosecution of those who are responsible for the greatest violence in our communities,” said Attorney General Merrick B. Garland. See full remarks here: https://www.justice.gov/opa/speech/attorney-general-merrick-b-garland-delivers-remarks-meeting-us-attorneys-violent-crime
In the District of Utah, our federal partners have been working in tandem with the U.S. Attorney’s Office to identify, investigate, and bring charges against the most violent offenders. the Summer Anti-Violence Initiative will focus on investigating and prosecuting individuals who create a danger to our communities through violence, repeated criminal activity, and weapons offenses. Additionally, the USAO is hiring new Assistant U.S. Attorneys, who will provide additional resources to target violent crime in our state, including, robberies, carjackings, illegal use, trafficking, possession of firearms, and drug trafficking.
Just last month, 63,000 fentanyl pills were taken off Utah streets and two alleged drug dealers were indicted and taken into custody. See full release https://www.justice.gov/usao-ut/pr/63000-fentanyl-pills-removed-utah-streets-and-alleged-drug-dealers-indicted-and-custody. In May, multiple men were indicted in Utah for firearm offenses, including allegedly attempting to smuggle 34 guns into Mexico. See full release https://www.justice.gov/usao-ut/pr/multiple-men-indicted-utah-firearm-offenses-including-allegedly-attempting-smuggle-34.
“Our citizens deserve to feel safe,” said U.S. Attorney Higgins. “Through this initiative we will continue working closely with our federal partners to enforce federal law and prosecute those who commit acts of violence in our communities.”
Federal law enforcement agencies partnering to combat violent crime in Utah through this initiative include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), Homeland Security Investigations (HSI), the Federal Bureau of Investigation (FBI), and the U.S. Marshals Service (USMS).
Utah Woman Found Guilty of $10M Worth of PPP Loan FraudRead the Press Release
Salt Lake City, Utah – A federal jury convicted a Salt Lake County woman Thursday of two counts of making false statements designed to influence a bank, one count of money laundering, and one count of contempt.
According to court documents and the evidence presented at trial, Allison Marie Baver, 42, of Taylorsville, Utah, submitted eight fraudulent Paycheck Protection Program (PPP) loan applications for her company, Allison Baver Entertainment LLC (ABE). PPP loans were designed to enable small businesses to pay their employees during the COVID-19 crisis. Baver is the owner and agent of ABE. On April 25 and 26, 2020, Baver submitted the fraudulent PPP loan applications to Northeast Bank and Meridian Bank. In each of the loan applications, Baver sought $10 Million of PPP loan funding for ABE. She falsely stated in each application that ABE’s average monthly payroll was between $4,770,583, when ABE had no average monthly payroll; and falsely stated ABE had 430 employees, when ABE had no employees. Baver’s false statements influenced Meridian Bank to fund her requested $10 million PPP loan. After receiving the loan proceeds, she transferred $150,000 to invest in a movie.
Sentencing is scheduled for October 30, 2023, at 10:00 a.m. before U.S. District Court Judge Jill N. Parrish at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
U.S. Attorney, Trina A. Higgins for the District of Utah made the announcement.
The case was investigated jointly by the Federal Bureau of Investigation (FBI) Salt Lake City Field Office, Small Business Administration Office of Inspector General (SBA-OIG), and the Internal Revenue Service, Criminal Investigations (IRS-CI).
Assistant United States Attorneys Jennifer Muyskens and Jamie Z. Thomas are prosecuting the case.
The Fraud Section leads the Criminal Division’s prosecution of fraud schemes that exploit the PPP. Since the inception of the CARES Act, the Fraud Section has prosecuted over 200 defendants in more than 130 criminal cases and has seized over $78 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at https://www.justice.gov/criminal-fraud/ppp-fraud.
Convicted Felon in Custody After Allegedly Attempting to Sell a Shotgun via Social MediaRead the Press Release
Salt Lake City, Utah – A federal grand jury in Salt Lake City returned an indictment today charging a convicted felon with allegedly attempting to sell a firearm to an undercover officer and for possessing multiple firearms.
According to court documents, on June 20, 2023, Eric Donald Johnson, 25, of Layton, Utah, communicated via social media with an undercover officer assigned to the Wasatch Metro Drug Task Force (WMDTF), that he had multiple firearms available for purchase. The undercover officer arranged to purchase a shotgun from Johnson, who told the undercover officer to meet him at his home in Layton to complete the transaction. Upon arrival, the undercover officer and other agents saw Johnson exit his home and walk towards the undercover officer with a Citadel Shotgun in his hand. Johnson was detained and agents also located a .357 Magnum revolver in his pocket. During the execution of a search warrant at Johnson’s residence, agents located multiple additional firearms including a Bul Armory .45 caliber 1911 handgun, a Zastava arms AK-47 rifle, a Riley Defense AK-47 rifle, a .357 Magnum revolver, a FAP F.lli Pietta .357 revolver, a Glock 22 .40 caliber handgun, a Scorpion .22 caliber handgun, a Glock 19 Trump edition handgun, and a Ruger AR-15 rifle, all of which were in and affecting commerce.
Davis Metro Narcotics Strike ForceJohnson is charged with Felon in Possession of Firearms. The defendant is scheduled for his initial court appearance on the indictment June 29, 2023, at 9:30 a.m. in courtroom 8.4 before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case is being investigated jointly by the FBI Salt Lake City Field Office and the Wasatch Metro Drug Task Force.
An Assistant U.S. Attorney for the District of Utah is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
63,000 Fentanyl Pills Removed from Utah Streets and Alleged Drug Dealers Indicted and in CustodyRead the Press Release
Salt Lake City, Utah – A federal grand jury in Salt Lake City returned an indictment today charging two foreign nationals living in Utah with multiple federal crimes including possession and distribution of narcotics.
According to court documents, Lenin Rafael Rodriguez-Villafranca, a/k/a “Jose Santiago Funez Villafranca,” 23, of Magna, Utah, and Onesy Basilo Avilez-Flores, a/k/a Rafael Flores Onesy Basilo,” 22, of Magna, Utah, are in federal custody. According to a criminal complaint, in May 2023, the FBI Wasatch Metro Drug Task Force (WMDTF), initiated a criminal investigation into Rodriguez-Villafranca and other members of a drug trafficking organization suspected of distributing large amounts of narcotics in Utah. During the execution of a search warrant for Villafranca’s residence on June 6, 2023, agents saw Avilez-Flores with narcotics, which were consistent with blue fentanyl pills. Avilez-Flores attempted to retreat further into the residence and dispose of the narcotics. Agents recovered counterfeit blue M-30 pills on the floor of the residence and in the toilet. Agents also recovered approximately 6,288 grams of field-tested positive fentanyl (totaling approximately 63,000 pills), approximately 2,737 grams of field-tested positive heroin, and approximately 1,096 grams of field-tested positive cocaine.
Rodriguez-Villafranca and Avilez-Flores are charged with possession of heroin with intent to distribute, possession of fentanyl with intent to distribute, possession of cocaine with intent to distribute, and reentry of a previously removed alien. The defendants are scheduled for their initial court appearance on the indictment June 23, 2023, at 11:00 a.m. in courtroom 8.4 before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case is being investigated by the FBI Salt Lake City Field Office.
Assistant U.S. Attorneys for the District of Utah are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Utah Man Facing Federal Charges After Allegedly Distributing Fentanyl Resulting in DeathRead the Press Release
Salt Lake City, Utah – A federal grand jury in Salt Lake City returned an indictment today charging an alleged Utah drug dealer for distributing an illicit drug that resulted in the death of another person.
According to a criminal complaint, Shereldon Cly Yanito, a/k/a “Bobby,” 23, of Grand County, Utah, allegedly sold fentanyl to a victim who overdosed and was found dead by responding officers on April 15, 2022, in San Juan County. A post-mortem examination concluded that the victim died as a result of fentanyl intoxication. According to associates of the victim, Yanito sold counterfeit blue “M30” pills containing fentanyl to the victim. Financial research revealed that on April 14, 2022, the night before the victim’s deadly overdose, a $40 financial transaction occurred between the victim’s digital wallet account and Yanito’s digital wallet. In May 2023, Yanito allegedly admitted to an undercover agent via social media that he previously sold “blues” for $40 but had stopped. Following some additional messages regarding powder cocaine, Yanito agreed to meet the undercover agent but was arrested during a traffic stop and transported to Grand County Jail.
Yanito is charged with distribution of fentanyl resulting in death. Yanito is scheduled for an arraignment on his indictment Thursday June 8, 2022, at 10 a.m. before U.S. Magistrate Judge Paul Kohler in Room 2B 206 in the U.S District Courtroom located at the state courthouse in St. George, Utah.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case is being investigated jointly by the U.S. Drug Enforcement Administration (DEA) and the Grand County Sheriff’s Office.
Assistant U.S. Attorneys for the District of Utah are prosecuting the case.
Utah Fraudster Sentenced to 24 Months After Stealing Thousands of Dollars in PPP Loan MoneyRead the Press Release
Salt Lake City, Utah – A Utah man was sentenced to two years’ imprisonment and ordered to pay more than $450,000 in restitution after he admitted to making false statements in a COVID-era Paycheck Protection Program (PPP) loan, and money laundering.
According to court documents, in May 2020, in the District of Utah and elsewhere, Chris E. McCormick, 64, of Cottonwood Heights, illegally made false representations to Mountain America Credit Union to obtain approximately $266,000 in PPP funds for his small business, Peak Debt Consumption LLC. Mountain America Credit Union is a bank where deposits were then insured by the Federal Deposit Insurance Corporation (FDIC) in connection with PPP loan applications. McCormick falsely stated and caused to be falsely stated that Peak Debt Consumption LLC had 12 employees and had a monthly payroll of $100,000. In McCormick’s plea agreement, he further admitted that he committed money laundering by sending an online wire transfer for $225,000 of fraudulently obtained PPP loan money from his small business Mountain America Credit Union account to his personal TD Ameritrade account. McCormick was ordered by the court to pay $465,995 in restitution and will have 36 months of supervised release following his 24 months prison sentence.
“Mr. McCormick’s actions were illegal and unfair to other honest and hard-working small businesses trying to make ends meet during a challenging time,” said U.S. Attorney, Trina A. Higgins, of the District of Utah. “PPP fraud imposes serious penalties, and we hope cases like these serve as a deterrent to other potential scammers seeking to defraud the U.S. Government.”
“Mr. McCormick’s crimes impacted all taxpaying citizens and small business owners that legitimately needed pandemic-related assistance,” said Acting Special Agent in Charge Cheyvoryea Gibson of the Salt Lake City FBI. “When opportunistic fraudsters seek to profit from federal programs in search of an illegitimate payday, the FBI and our partners stand ready to hold them accountable.”
“Mr. McCormick intentionally took hundreds of thousands of dollars in funds intended to provide relief for businesses impacted by the COVID-19 outbreak,” said IRS Criminal Investigation Special Agent in Charge Albert Childress. “Our agency is committed to bringing justice to those who have exploited the pandemic for personal gain and have stolen from America’s taxpayers.”
The case was investigated jointly by the FBI Salt Lake City Field Office and the Internal Revenue Service-Criminal Investigation (IRS-CI)
Assistant U.S. Attorneys Jennifer E. Gully and Jacob J. Strain of the District of Utah prosecuted the case.
The Fraud Section leads the Criminal Division’s prosecution of fraud schemes that exploit the PPP. Since the inception of the CARES Act, the Fraud Section has prosecuted over 200 defendants in more than 130 criminal cases and has seized over $78 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at https://www.justice.gov/criminal-fraud/ppp-fraud.
Utah County Woman Pleads Guilty to Committing $5M in Securities Fraud from InvestorsRead the Press Release
Salt Lake City, Utah – A Utah woman pleaded guilty Tuesday to securities fraud and admitted she devised a scheme intended to defraud investors and obtain money and property, under false pretenses, to benefit her company, ProSky Inc.
According to court documents, Crystal A. Huang, 41, of Lehi, admitted she knowingly offered investments in her company, ProSky Inc., by providing false promises to potential investors. From February 2015 through February 2020, in the District of Utah and elsewhere, Huang would lull investor victims into a false sense of security about their investments by claiming her company, ProSky Inc., had millions in recurring revenue, when in fact it did not. She further supported her false claims by providing investors with falsified balance sheets, profit and loss statements, bank account statements and customer lists. During her scheme to defraud, Huang obtained approximately $5.025 million from approximately 13 investors and communicated via email, telephone and through an online database. In one transaction, Huang caused a wire transfer of $750,000 to ProSky Inc. via interstate commerce.
Huang is scheduled to be sentenced on August 15, 2023, at 2:00 p.m. in courtroom 8.1 before U.S. District Court Judge David Barlow at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case is being investigated by the FBI Salt Lake City Field Office, Provo Resident Agency.
Assistant U.S. Attorney Mark E. Woolf of the District of Utah is prosecuting the case.
Utah Woman Sentenced to 12 Months Imprisonment for Wire Fraud and Ordered to Pay over $88,000 in RestitutionRead the Press Release
Salt Lake City, Utah – A Utah woman was sentenced today to one year imprisonment for devising a scheme to defraud Kemper Personal Insurance, for personal payment following a massive house fire in 2021.
According to court documents, April Kristina Tinnes, 49, of Tooele, Utah, pleaded guilty to wire fraud for devising a scheme to defraud Kemper Personal Insurance between January 2021 and May 2021. Tinnes made false and fraudulent representations regarding a fire she deliberately set on January 16, 2021, to her residence in Tooele. Tinnes was not living at the residence but renting a home nearby. The purpose of the scheme was to obtain payment of insurance proceeds on a policy written by Kemper Personal Insurance for the residence, which had been renewed in late 2020. In furtherance of the scheme, Tinnes caused a sworn video-recorded deposition examination taken by Kemper counsel documenting Tinnes’ false statements in support of her claim, to be transmitted via wire communications in interstate commerce to Kemper investigators. In addition to her 12 months’ imprisonment, Tinnes was ordered to serve three years of supervised release after her prison sentence and ordered to pay over $88,000 in restitution, which she paid in full.
“This case sends a firm and important message that those who commit arson for financial gain will be prosecuted and brought to justice,” said Assistant U.S. Attorney, Mark Hirata, for the District of Utah.
“ATF Forensic Auditors and Certified Fire Investigators work in tandem to provide a financial analysis as well as an origin and cause determination in arson-for-profit investigations, said ATF Special Agent in Charge Brent Beavers. “Arson-for-profit schemes, such as this, not only have financial and economic repercussions but also present a serious threat to public safety.”
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case was investigated jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Tooele City Police Department and Tooele City Fire Department.
Assistant U.S. Attorney, Mark Y. Hirata of the District of Utah prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
U.S. Attorney’s Office for the District of Utah Announces New Initiative Focusing on Environmental Justice and Public ReportingRead the Press Release
Salt Lake City, Utah – United States Attorney, Trina A. Higgins, has named Assistant United States Attorney, Melina Shiraldi, to lead the District of Utah’s Environmental Justice Initiative.
May marks the one-year anniversary since U.S. Attorney Higgins was sworn in as the first female presidentially appointed U.S. Attorney for the District of Utah. As part of her ongoing commitment to pursue justice and equity throughout Utah, prosecuting environmental crimes is part of that equation.
The role of the U.S. Attorney’s office is to investigate any civil or criminal matter that may involve a disproportionate and adverse environmental or human health effect on identifiable low income, minority, or tribal communities.
“We seek to ensure that all people of Utah have equal access to a healthy environment,” said U.S. Attorney Higgins.
A seasoned federal prosecutor, Shiraldi, has 14 years legal experience and five years with the U.S. Attorney’s Office. As the Environmental Justice Coordinator, AUSA Shiraldi will lead efforts along with the U.S. Attorney to enforce environmental laws in the District of Utah’s housing, communities, and land.
“We will protect environmental quality and human health in all Utah communities,” said AUSA Shiraldi.
More information about the environmental justice initiative can be found on the district’s website at USAO-UT. A public service announcement video on this initiative can be found on the USAO-Utah YouTube channel.
PixabayThe U.S. Attorney’s Office welcomes information from the public regarding possible environmental, health, and climate impacts on individuals and communities in Utah. You may submit information or concerns regarding Environmental Justice to the Environmental Justice Coordinator at [email protected] via phone at (801) 524-5682 or by mail at U.S. Attorney’s Office-District of Utah, Attn: Environmental Justice Coordinator, 111 South Main Street, Suite 1800, Salt Lake City, Utah 84111-2176
A focus of the Department of Justice, on May 5, 2022, the Attorney General announced actions to enhance and advance the Department’s environmental justice work. Among other EJ efforts, the Department issued a Comprehensive Environmental Justice Enforcement Strategy (the Strategy) and created the Office of Environmental Justice (OEJ) within the Environment and Natural Resources Division (ENRD). The strategy requires USAO offices to track and report annually on environmental justice matters
Minnesota Man Sentenced to a 300 Months Prison Sentence Following Shooting with Utah Law Enforcement OfficersRead the Press Release
Salt Lake City, Utah – A Minnesota man was sentenced today to 25 years’ imprisonment following a 2021 shooting incident with Utah Highway Patrol troopers. The defendant admitted that he discharged a firearm during and in relation to carjacking and possession of methamphetamine with intent to distribute offenses.According to court documents, on May 19, 2021, James Howard Klein, 35, of Chaska, Minnesota, was stopped by deputies in Juab County off Interstate-15 for a traffic violation. During a search of the Klein’s vehicle, deputies found nine pounds of methamphetamine and a loaded Hi-Point C9 9mm handgun. As deputies continued their search, Klein was placed in the front passenger side of a Juab County Sheriff deputy’s vehicle. Unhandcuffed, Klein slid to the driver’s side of the deputy’s vehicle and took off at a high rate of speed until losing control and disabling the vehicle at the next exit. UHP troopers, who were following Klein and signaling him to stop the vehicle, arrived behind the deputy’s stolen vehicle. Klein exited the vehicle and pulled out a secured Colt Defense 5.56 rifle and started shooting at UHP troopers who returned fire. Klein flagged down two bystanders in a white Ford Escape while holding the rifle. Threatening the bystanders with the gun, he attempted to take their vehicle and shoot them. As the bystanders escaped, Klein fired shots at their vehicle several times, eventually striking the passenger in the leg. Klein continued to shoot at troopers before he was struck by a bullet in the leg. Attempting to escape on foot, Klein hid by a nearby river. Additional law enforcement units arrived, located Klein and took him into custody. In addition to his 300 month’s imprisonment, Klein was ordered to serve five years of supervised release after his prison sentence.
“You engaged in some of the most egregious offenses I have ever seen during my time on the bench,” said United States District Court Judge Jill N. Parrish.
“The valiant UHP troopers engaged in a harrowing firefight with Mr. Klein that could have turned deadly at any point. Mr. Klein’s carjacking activities could have resulted in deadly consequences for the victims in this case as well,” said Assistant United States Attorney, Stewart M. Young, during sentencing. “We are grateful that no one perished because of Mr. Klein’s actions.”
“Mr. Klein’s brazen actions demonstrate how desperate he was to evade arrest at the expense of law enforcement and public safety,” said Acting Special Agent in Charge Cheyvoryea Gibson of the Salt Lake City FBI. “This sentencing is an example of how the FBI and our partners work together to ensure violent offenders like Mr. Klein are not free to roam our streets for a long time.”
Utah County Officer Involved Critical Incident Response Team (OICI)U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case was investigated jointly by The Federal Bureau of Investigation, Utah Highway Patrol, Juab County Sheriff’s Office, and the Utah County Sheriff’s Office.
Assistant U.S. Attorneys, Stephen L. Nelson and Stewart M. Young of the District of Utah prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Man Found Guilty of Murder While Within Indian CountryRead the Press Release
Salt Lake City, Utah – A federal jury convicted a Utah man yesterday for murder in the second degree while within Indian Country and use, carry and discharge of a firearm during and in relation to a crime of violence.
According to court documents and the evidence presented at trial, Perry Maryboy, 59, of Bluff, Utah, unlawfully shot and killed another man while within Indian Country on April 13, 2018. Court documents allege Maryboy, who was parked on the side of the road at the intersection of Country Road 443 and Summerhouse Road, escalated an argument with the victim after being told to leave the area by the victim, who drove up behind him. Maryboy exited his truck and grabbed a revolver. He fired two shots, each allegedly intended as warning shots, but the second shot struck the victim in the back of the head. The victim died on scene in front of his common law wife and her 7-year-old child. Maryboy then fled the scene in his truck.
“The defendant acted with complete recklessness,” said Assistant United States Attorney, Mark Hirata, for the District of Utah, during trial. “If firing a bullet to the back of a person’s head isn’t a crime of violence, I don’t know what is.”
Sentencing is scheduled for August 4, 2023, at 9:00 a.m. before U.S. District Court Judge David Nuffer at the Orrin G. Hatch United States District Courthouse.
U.S. Attorney, Trina A. Higgins for the District of Utah made the announcement.
The case was investigated jointly by the FBI Salt Lake City Field Office's Monticello Resident Agency, Navajo Nation Police Department and Navajo Nation Criminal Investigations.
Assistant U.S. Attorneys, Mark Y. Hirata, Angela Reddish-Day, and Stephen Dent are prosecuting the case.
Former Postal Worker Convicted of Mail FraudRead the Press Release
Salt Lake City, Utah – A federal jury convicted a Salt Lake City woman and former Express Mail Clerk with the United States Postal Service (USPS) for delaying and destroying immigration mail that was intended for delivery.
According to court documents and the evidence presented at trial, Diana K. Molyneux, was working at a USPS plant known as the Processing and Delivery Center (P&DC) in Salt Lake City, Utah. Working the nightshift, Molyneux sorted and processed Express and Priority Mail intended to be delivered locally or dispatched to Reno, Nevada. A number of immigration mailers from the United States Citizenship and Immigration Services (USCIS) had gone missing in the fall of 2017. Other mail clerks reported to supervisors that they had found USCIS mail in places that were either outside the normal delivery stream, tampered with, or placed at a location for shredding. As a result of these reports, a criminal investigation was initiated. Between April 2018 and June 2018 Molyneux was captured on camera digging through areas of pre-sorted mail. Camera footage shows Molyneux retrieving and setting aside priority immigration mail, which was never returned to its proper location for dispatch. Between August and September 2018, agents witnessed Molyneux again removing pre-sorted mail that was later identified as USCIS immigration mail. During the September surveillance, Molyneux buried six pieces of priority immigration mail deep in a shred bin that is used to destroy and recycle undeliverable bulk mail. The defendant was suspended from her position and placed on unpaid leave. The complaints to the USPS about lost USCIS type mail from USPS’ Processing and Delivery Center immediately ceased after her termination.
USPS-OIGMolyneux was found guilty of destruction of mail. Sentencing is scheduled for August 1, 2023, at 11:00 a.m. in courtroom 3.4 before a U.S. District Court Judge at the Orrin G. Hatch United States District Courthouse.
“Ms. Molyneux used her position as a U.S. Postal employee to interfere with the delivery of mail. The fact that she targeted immigration mail makes this offense more egregious,” said U.S. Attorney Trina A. Higgins of the District of Utah. “We will continue to work with law enforcement to investigate and prosecute cases where public servants abuse their position to discriminate and cause harm to our community.”
“This successful resolution of this case not only confirms that mail theft committed by Postal Service personnel is completely unacceptable, but it also demonstrates the steadfast commitment of U.S. Postal Service-Office of Inspector General Special Agents in maintaining the integrity of the U.S. Postal Service,” said U.S. Postal Service Office of Inspector General, Western Pacific Area Field Office, Acting Executive Special Agent-in-Charge Kenneth Bulle. “The USPS-OIG values our partnership with the U.S. Attorney’s Office and other Postal Service partners in holding Postal Service personnel accountable for their actions when they violate a position of trust.”
The U.S. Postal Service Office of Inspector General (USPS-OIG), is investigating the case.
Assistant U.S. Attorneys, Drew Yeates and Sam Pead are prosecuting the case.
U.S. Attorney’s Office Joins National Prevention Week Celebrations Across the Country, May 7-13Read the Press Release
Salt Lake City, Utah – Today, the U.S. Attorney’s Office for the District of Utah joins communities across the country in celebrating the Substance Abuse and Mental Health Services Administration (SAMHSA) National Prevention Week 2023. The goal of this annual recognition is to increase public awareness and action around mental and substance misuse disorders.
Focusing on reducing recidivism, U.S. Attorney Trina A. Higgins is focused on making Utah communities safer by focusing on prevention efforts within the district’s reentry courts. Within the District of Utah there are five specialty courts, Drug Court, Behavioral Health Court, Tribal Court (TCRC), Alternative Conviction (UACT), and Veterans Court. Reentry is the transition period when a person is under supervision following release from incarceration and placed back into the community. During this transition, a probation officer is assigned to supervise, monitor, and develop a plan that addresses the clients’ needs and satisfies the conditions of their release.
Charlie Wiscaver, a recent graduate of Veterans Court, shares his story after he was indicted by a federal grand jury and prosecuted by the U.S. Attorney’s Office for financial fraud in 2020.
“I believe it changed my life around 100 percent,” said Wiscaver. “VA Court was so centralized and individualized I was able to address everything that was getting to me along with my substance abuse.”
Watch Wiscaver’s full story here: https://youtu.be/TGulNkbtVTg
Each year, SAMHSA’s National Prevention Week showcases the work of communities and organizations across the country dedicated to raising awareness about the importance of substance misuse prevention and positive mental health. For more information about SAMHSA, visit https://www.samhsa.gov/prevention-week.
A Utah Man is Charged After Allegedly Firing Shots Outside a Federal CourthouseRead the Press Release
Salt Lake City, Utah – A federal grand jury in Utah returned an indictment charging a Salt Lake City man after he allegedly brandished a gun and began firing the weapon outside the United States District Courthouse in downtown Salt Lake City.
FBIAccording to court documents, on April 30, 2023, Sione Pouha, aka “C Roc aka “Chub Roc,” 40, of Salt Lake City, Utah was allegedly spotted on surveillance video walking outside the Orrin G. Hatch U.S. Courthouse behind another group of people when he produced a firearm and began shooting. The defendant then fled from the scene but was apprehended by police officers nearby. At the scene, multiple .45 caliber casings were recovered, and a .45 caliber semi-automatic pistol was located along the path Pouha fled. The firearm had been reported stolen to Unified Police in 2021.
Pouha is charged with felon in possession of a firearm and ammunition. The defendant had his initial court appearance May 5, 2023, before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
FBIU.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
The case is being investigated by an FBI Task Force Officer with the Salt Lake City Police Department.
Assistant U.S. Attorneys, Victoria K. McFarland and Seth Nielsen of the District of Utah are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Multiple Men Indicted in Utah for Firearm Offenses, Including Allegedly Attempting to Smuggle 34 Guns into MexicoRead the Press Release
Salt Lake City, Utah – A federal grand jury in Utah returned an indictment charging five Salt Lake County residents, including two foreign nationals, with firearm offenses after speaker boxes full of guns were confiscated at the Mexico border in Eagle Pass, Texas.
Today’s announcement includes charges enacted as part of the Bipartisan Safer Communities Act signed into law last year.
According to court documents, between October 2022 and March 2023, in the District of Utah, Javier Catalan Bahena, 34, of Salt Lake City, Utah, Erasmo Martinez, 43, of Salt Lake City, Utah, Alvaro Martinez, 23, of Magna, Utah, Filiberto Tapia Ocampo, 50, of West Valley City, Utah, and Oscar Martinez, 24, of West Valley City, Utah, conspired with each other, and against the United States to deceive a licensed firearm dealer during the illegal purchasing of firearms. As charged in the indictment, in January 2023, Ocampo purchased two Beretta M9 pistols and a Ruger rifle using Catalan Bahena’s credit card and stated on an ATF form he was the actual purchaser of the firearms. Between February 3, 2023, and March 16, 2023, Erasmo Martinez purchased a Zastava ZPA M70 rifle from Oscar Martinez, which was later recovered at the border. In February 2023, Alvaro Martinez purchased a Beretta M9 using Catalan Bahena’s credit card and stated on an ATF form he was the actual purchaser of the firearm. The Beretta M9 was also later recovered at the border. In March 2023, Alvaro Martinez purchased an Escort Rifle and stated on an ATF form that he was the actual purchaser of the firearm. Approximately nine days later, the Escort Rifle was recovered at the border in Eagle Pass, Texas. Between March 7, 2023, and March 16, 2023, in the District of Utah, Catalan Bahena and Erasmo Martinez arranged for drivers in Salt Lake City, Utah, to transport speaker boxes full of firearms to Mexico. Subsequently, the drivers were stopped in Eagle Pass, Texas, and 34 firearms were discovered and seized.
Javier Catalan Bahena, Erasmo Martinez, Alvaro Martinez, Filiberto Ocampo, and Oscar Martinez are charged with conspiracy to make false statements during acquisition of firearms. Additional individual charges include but are not limited to; smuggling goods from the United States; straw purchase of a firearm; and false statement during the acquisition of firearms. The defendants had their initial court appearances before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
The case is being investigated jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives and West Valley City Police Department.
An Assistant U.S. Attorney for the District of Utah is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Texas Man Sentenced for Extortion and Cyberstalking a Utah Woman for Sexually Explicit Photographs and VideosRead the Press Release
Salt Lake City, Utah – A Texas man was sentenced Tuesday to five years imprisonment for multiple counts of extortion and cyberstalking a Utah victim and her family.
According to court documents, for over a year, Jordy Julian Alvarez, 28, a Texas resident, repeatedly harassed and intimidated the female victim to provide an explicit video or he would release to the public compromising photos and videos of the victim already in his possession. Alvarez further identified, threatened, intimidated, and harassed the victim’s father, brother, and grandmother to extort more explicit videos of the victim and threatened to further ruin her reputation. Additionally, Alvarez admitted to multiple counts of cyberstalking that caused the victim and her family fear of death or serious bodily injury, and emotional distress. Alvarez’s criminal behavior took place via interstate commerce. In addition to his sentence of 60 months’ imprisonment, Alvarez was ordered to serve three years of supervised release after his prison sentence.
“I want to be clear; I would impose the same sentence if the sentencing guidelines were lower,” said U.S. District Court Judge Howard C. Nielson Jr.
“The defendant’s criminal actions in this case were heinous,” said U.S. Attorney Trina A. Higgins of the District of Utah. “I commend the victim in this case for coming forward. Our office will continue to work with law enforcement to prosecute offenders that prey on our vulnerable and young via the internet.”
“Jordy Alvarez is a cyber predator who relentlessly harassed, bullied, and extorted the victim for an extended amount of time, causing substantial emotional harm,” said Acting Special Agent in Charge Cheyvoryea Gibson of the Salt Lake City FBI. “Cyberstalking is a serious federal crime. The FBI’s Cyber Task Force which includes a strong partnership with the Utah Department of Public Safety, has the tools to hold criminals like Alvarez, who hide behind the internet, accountable.”
Assistant U.S. Attorney, Jennifer K Muyskens, of the District of Utah prosecuted the case.
COVID-19 Fraudsters Charged in Utah for Allegedly Manufacturing, Selling and Distributing at least 120,000 Counterfeit COVID-19 Vaccination CardsRead the Press Release
Salt Lake City, Utah – A federal grand jury in Utah returned an indictment charging a Utah and South Carolina man for running a scheme to defraud the United States and the Centers for Disease Control and Prevention (CDC) by obstructing the CDC’s COVID-19 vaccination program.
According to court documents, Nicholas Frank Sciotto, 32, of Salt Lake City, Utah, and Kyle Blake Burbage, 32, of Goose Creek, South Carolina, manufactured, sold, and distributed at least 120,000 counterfeit COVID-19 vaccination record cards across the country between March 2021 through September 2021. Sciotto, a former resident of Weber County, Utah, started and operated an online business where he began to fraudulently manufacture and sell the COVID-19 vaccination record cards. As alleged in the indictment, most of Sciotto’s buyers lived in New York where they were subject to more stringent COVID-19 vaccine restrictions. Sciotto’s co-conspirator, Burbage, purchased counterfeit vaccination record cards from Sciotto and then resold some of the counterfeit COVID-19 vaccination record cards and distributed them in South Carolina. By collectively manufacturing, selling, and distributing thousands of counterfeit COVID-19 vaccination record cards to others during the COVID-19 pandemic, the defendants significantly undermined the CDC’s COVID-19 vaccination program and other governmental health-and-safety regulations and protocols. In furtherance of the conspiracy, Sciotto primarily sold the counterfeit COVID-19 vaccination cards online through Facebook and charged approximately $10 each, for orders of 10 or more cards, and $7.50 each, for orders of 100 or more cards.
The case is part of a nationwide coordinated law enforcement action by the Department of Justice to combat health care fraud related to COVID-19. In total, DOJ announced criminal charges against 18 defendants in nine federal districts across the United States. These cases allegedly resulted in over $490 million in COVID-19 related false billings to federal programs and theft from federally-funded pandemic programs. See national DOJ release here: https://www.justice.gov/opa/pr/justice-department-announces-nationwide-coordinated-law-enforcement-action-combat-covid-19
Sciotto and Burbage are charged with conspiracy to defraud the United States. The defendants are scheduled for their initial court appearances April 20, 2023, at 1:00 p.m. in courtroom 8.4 before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
The case is being investigated by the Office of Inspector General, U.S. Department of Health and Human Services (HHS-OIG), and FBI Salt Lake City Field Office.
Assistant U.S. Attorney, Todd Bouton, of the District of Utah is prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus and https://www.justice.gov/coronavirus/combatingfraud.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Utah Truck Driver Charged with Child Exploitation OffensesRead the Press Release
Salt Lake City, Utah – A federal grand jury in Utah returned an indictment charging a Utah man after he allegedly attempted to meet with a minor to engage in sexual activity.
According to the court documents, on February 16, 2023, Kendrick Aristotle Eastes, 31, of Taylorsville, Utah, attempted to entice a minor to engage in sexual activity in the District of Utah. He did so by communicating through the internet, a means of foreign commerce. According to statements made in open court on April 19, 2023, Eastes was employed as a truck driver at the time of the alleged crime. Using a social networking application, on February 16, 2023, Eastes contacted an undercover agent whom he believed was the stepfather of a 7-year-old boy. As the chat continued, Eastes and the undercover agent planned a meeting so that Eastes could meet with and engage in sexual activity with the minor. Estes arrived at the meeting site intending to have sex with the minor but was immediately arrested and taken into custody.
Eastes is charged with attempted coercion and enticement of a minor and distribution of child pornography. The defendant had his initial court appearance April 19, 2023, at 2:00 p.m. before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
“The weight of the evidence is substantial,” said Chief U.S. Magistrate Judge Dustin B. Pead, and ordered Eastes remain in custody.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.The case is being investigated by Homeland Security Investigations (HSI), Las Vegas.
Assistant U.S. Attorney, Mark Y. Hirata, of the District of Utah is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Utah Gymnastics Coach Arrested on Child Exploitation ChargesRead the Press Release
Salt Lake City, Utah – A federal grand jury in Salt Lake City returned an indictment yesterday charging a Utah gymnastics coach and owner of USA Gymnastics World with child exploitation offenses.
According to the complaint, agents with Homeland Security Investigations arrested Adam Richard Jacobs, 33, of Woods Cross, Utah, last week. As stated in the court documents, an employee twice found a device in a unisex restroom at USA Gymnastics World. The employee discovered the device was a hidden camera with a micro-SD card and contacted police. A subsequent law enforcement investigation recovered approximately 120 video files of individuals ranging in age from toddler to adult using the restroom at USA Gymnastics World, and videos depicting the lascivious display of children’s genitalia. Additionally, approximately 40 videos show Jacobs setting up the cameras in his home and at USA Gymnastics World. Due to the volume of evidence, the investigation is ongoing.
Jacobs is charged by indictment with transportation of a minor with intent to engage in criminal sexual activity, production of child pornography, and possession of child pornography. The defendant is scheduled for his initial court appearance April 14, 2023, at 9:00 a.m. in courtroom 8.4 before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case is being investigated by Homeland Security Investigations (HSI) with assistance from Woods Cross Police Department, the Utah Attorney General’s Office Internet Crimes Against Children Task Force, Kaysville Police Department, Clearfield Police Department, the United States Secret Service, and the Davis County Attorney’s Office.Special Assistant U.S. Attorney, Carl Hollan and Assistant U.S. Attorney, Carol A. Dain, of the District of Utah prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Two Foreign Nationals Suspected of Being Part of a Large Drug Trafficking Organization Supplying Drugs Throughout Utah Have Been Arrested and ChargedRead the Press Release
Salt Lake City, Utah – A federal grand jury in Utah returned an indictment Wednesday charging two foreign nationals with possession and distribution of narcotics, including cocaine and heroin.
According to the complaint and law enforcement affidavit, on March 30, 2023, Gildardo Ramirez Garcia, 40, and Luis Felipe Felix-Campos, 31, were served a search warrant at each of their residences in Salt Lake County, Utah. The Wasatch Metro Drug Task Force (WMDTF) consisting of the FBI and Davis Metro Narcotic Strike Force (DMNSF), is conducting a criminal investigation into Garcia and Felix-Campos, and other co-conspirators of a drug trafficking organization believed to be facilitating the distribution of large quantities of narcotics throughout Utah. As a result of the investigation, heroin and cocaine were recovered. Felix-Campos later admitted the cocaine in his residence belonged to him.
In the indictment, Garcia is charged with possession of heroin with the intent to distribute and possession of cocaine with the intent to distribute. Felix-Campos is charged with possession of cocaine with intent to distribute and reentry of a previously removed alien. The defendants are scheduled for their initial court appearance April 13, 2023, in courtroom 8.4 before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah. Felix-Campos is scheduled for 2:30 p.m. and Garcia is scheduled for 3:00 p.m.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
The case is being investigated by the FBI Wasatch Metro Drug Task Force.
Assistant U.S. Attorney, Stephen L. Nelson, of the District of Utah is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Foreign National and Former Utah State University Student Club President Facing Federal Charges Relating to CARES Act COVID-19 FraudRead the Press Release
Salt Lake City, Utah – A federal grand jury in Utah returned an indictment charging a foreign national and former religious club president at Utah State University with CARES Act fraud.
According to the indictment, Mubarak Sulaiman Ukashat, 36, of Kaysville, Utah, who was living in Taylorsville, Utah, at the time of the alleged crime, executed a scheme to steal money intended for small businesses seeking COVID-19 economic relief loans through the Economic Injury Disaster Loan (EIDL) Program. As stated in the indictment, between June 2020 and July 2020, Ukashat, a former Utah State University Student Association Muslim Students Club President, submitted four fraudulent EIDL applications to the U.S. Small Business Association (SBA). He used the names of four people he had no connection to and directed the proceeds to be sent to the USUSA Muslim Students Club bank account at America First Credit Union, over which Ukashat had custody and control. Ukashat then used wire transfers to move the EIDL proceeds into another America First Credit Union account, over which he had ownership and control and held jointly with a relative before spending the CARES Act funds on unauthorized personal expenses. In total, the former USU graduate student allegedly applied for, illegally obtained, and misused over $300,000 in EIDL funds, for his own personal expenses. Ukashat’s expenses included purchasing a $45,900 GMC Yukon in cash; paying personal expenses, including at least $27,000 to electronic retailers; $21,000 to pay off a car loan; $20,000 in apparent debt payments; $10,000 in earnest money to buy a house; $5,200 for college expenses; other cash withdrawals, wires, and miscellaneous household purchases; and the wiring of approximately $15,000 to someone in Nigeria and $20,000 to someone in Dubai.
Ukashat is charged with four counts of wire fraud, one count of aggravated identity theft, and two counts of money laundering. The defendant is scheduled for his initial court appearance April 7, 2023, at 2:15 p.m. in courtroom 8.4 before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
The case is being investigated by IRS – Criminal Investigation (CI).
Assistant U.S. Attorney, Todd Bouton, of the District of Utah is prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus and https://www.justice.gov/coronavirus/combatingfraud.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.Sexual Predator Sentenced to 120 Months for Attempting to Engage in Sexual Activity with a Teenager He Met on FacebookRead the Press Release
Salt Lake City, Utah – A Salt Lake City man was sentenced today to 10 years’ imprisonment for attempting to meet a 13-year-old girl he was communicating with via Facebook Messenger – who was in fact an undercover officer.
According to court documents, Christopher Philip Padilla, 33, of Salt Lake City, admitted that between September 2020 and January 2021 he used Facebook Messenger and his cell phone to communicate with a 13-year-old girl. On January 15, 2021, Padilla drove to an area in Salt Lake City intending to meet and engage in sexual activity with the minor. Padilla also admitted that by using Facebook Messenger and his mobile phone, the communications transferred across state lines because they were transported via the internet, a facility of interstate or foreign commerce. In addition to his sentence of 120 months’ imprisonment, Padilla was ordered to a lifetime of supervised release and must register and maintain his information under the federal Sex Offender Registration and Notification Act.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case was investigated by the Salt Lake City Police Department.Assistant U.S. Attorney, Carol Dain, of the District of Utah prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Drug Trafficker Sentenced to 120 Months Imprisonment Following Exchange of Gunfire with SWAT and Seizure of NarcoticsRead the Press Release
Salt Lake City, Utah – A Utah man was sentenced today to 10 years’ imprisonment for possessing and intending to distribute methamphetamine and possessing a firearm during a drug trafficking crime, where a SWAT officer and the defendant were shot and injured in the District of Utah.
According to court documents, Sean Dejesus Darragh, 54, of Sandy, Utah, admitted that on September 8, 2021, while possessing more than 50 grams of a mixture and substance containing a detectable amount of methamphetamine, he carried a Canik, Model TP9 Elite Combat, 9mm pistol, with ammunition. He further admitted, that during the execution of a search warrant by officers with the Sandy City Police Department SWAT, he fired shots as they entered his home. The exchange of gunfire between Darragh and officers led to the injury of a SWAT officer and Darragh.
“The impact of this drug trafficking crime could have been far worse,” said U.S. Attorney Trina A. Higgins of the District of Utah. “The U.S. Attorney’s office will remain vigilant in working with our law enforcement partners to investigate and prosecute drug traffickers who pose a threat in our community.”
"The combination of illegal firearms and illicit drugs in the hands of a prohibited felon poses a grave threat to not only our communities, but also our law enforcement partners every day,” said ATF Special Agent in Charge Brent Beavers. “We are grateful for the US Attorney’s Office prosecutorial success which will now hold this violent felon accountable for his reckless and dangerous actions.”
The case was investigated jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Sandy City Police Department and the Salt Lake City Police Department, who had the primary role in the investigation per Salt Lake County officer-involved shooting protocols.
Assistant U.S. Attorneys, Stewart M. Young and Stephen L. Nelson of the District of Utah prosecuted the case.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Unlicensed Gun and Marijuana Dealer Sentenced to 64 Months for Illegal Handling of over 50 Firearms, Among Other ChargesRead the Press Release
Salt Lake City, Utah – A Roosevelt man was sentenced Monday to over five years imprisonment after pleading guilty to illegally purchasing and reselling firearms without a license, and multiple other drug related offenses stemming back to 2021.
According to court documents, Phillip Mahe Taufa, 41, engaged in the business of illegally dealing firearms between February 2021 through November 2021 in the District of Utah. In his plea statement, Taufa admitted he purchased over 50 firearms from federally licensed firearm dealers and individual sellers. He resold several of the firearms to individuals in California and Nevada, typically charging double the price. Taufa never possessed the required license to deal firearms. Taufa also made false statements to federally licensed firearm dealers in connection with the acquisition of the firearms. Additionally, on November 9, 2021, agents serving a search warrant at Taufa’s residence recovered 43 firearms, ammunition, over 10 pounds of marijuana, and THC cartridges. Taufa admitted he intended to distribute portions of the marijuana to others and told agents he smoked marijuana multiple times each day. He admitted to purchasing the marijuana from the dark web and received it via the U.S. mail.
The court sentenced Taufa to 64 months in a federal prison followed by a term of supervised release of three years and ordered Taufa to pay a special assessment of $600.
“As a result of the outstanding work and dedication of our law enforcement partners, the U.S. Attorney’s Office successfully prosecuted a case where guns and drugs were being unlawfully acquired and resold,” said U.S. Attorney Trina A. Higgins for the District of Utah. "These activities adversely impact communities, both in our district and in neighboring districts.”
The case was investigated jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the United States Postal Inspection Service (USPIS), with assistance from the Roosevelt Police Department.Assistant U.S. Attorney, Victoria K. McFarland of the District of Utah prosecuted the case.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
New York Alleged Fraudster Arrested and Charged for a $47,000 Bank Scheme Involving Six Utah Bank Locations and VictimsRead the Press Release
Salt Lake City, Utah – A federal grand jury in Utah returned an indictment charging a New York man with bank fraud and aggravated identity fraud throughout the District of Utah.
According to court documents, Clemente Castracucco, 61, of the Bronx, New York, planned and executed a scheme to defraud Bank of Utah, First Utah Bank, First Community Bank, and Zions Bank of at least of $47,000 between November 9, 2022, and December 16, 2022. The purpose of the scheme was to defraud financial institutions by depositing counterfeit checks into accounts at the victims’ banks, then proceed to fraudulently withdraw funds from the bank accounts using account information and identification that was not Castracucco’s. On one occasion, according to the complaint and law enforcement affidavit, Castracucco entered a First Utah Bank branch in Salt Lake City and deposited a $4,500 fraudulent check, which was drawn on the account of two individuals and made payable to a Utah business. Castracucco then withdrew $7,500 from the First Utah Bank account and presented a fraudulent United States passport card purporting to be a signer on the business account and forged the signature on the check. The signer, a Utah resident, was unaware of the transaction and did not authorize it. Castracucco was arrested by the Saratoga Police Department after officers responded to a call at a Zions Bank branch to report a male attempting to cash a check not made out him. He later self-identified as Castracucco.
Castracucco is charged with six counts of bank fraud and six counts of aggravated identity fraud. The defendant is scheduled for his initial court appearance on the indictment March 23, 2023, at 1:30 p.m. in courtroom 8.4 before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
The case is being investigated jointly by the United States Department of State Diplomatic Security Service (DSS) and numerous local police departments.
Assistant U.S. Attorney, Jamie Z. Thomas, of the District of Utah prosecuted the case.
Alleged Utah Drug Trafficker Arrested Following Seizure of Illicit Drugs, Including 41,000 Pills of Suspected FentanylRead the Press Release
Salt Lake City, Utah – A federal grand jury in Utah returned an indictment today charging a foreign national with multiple drug and distribution charges after seizing 41,000 suspected fentanyl pills from a home in Herriman.
According to the complaint and law enforcement affidavit, on March 7, 2023, Luis Alexander Coronado, 24, of Herriman, Utah, was arrested after FBI agents with the Wasatch Metro Drug Task Force (WMDTF) executed a search warrant at his residence based on probable cause he was engaging in drug trafficking. During the search, agents located and seized approximately 2,363 grams of methamphetamine, 2,208 grams of cocaine, 3,506 grams of heroin, and 41,000 pills containing fentanyl. The methamphetamine, cocaine, fentanyl, and heroin were weighed in their packaging and field tested-positive.
FBI Seizure of methamphetamine, cocaine, fentanyl, heroin and a handgun.Coronado is charged with possession of methamphetamine with intent to distribute; possession of cocaine with intent to distribute; possession of heroin with intent to distribute; and possession of fentanyl with intent to distribute. The defendant is scheduled for his initial court appearance March 23, 2023, at 9:30 a.m. in courtroom 8.4 before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
The case is being investigated by the FBI Wasatch Metro Drug Task Force.
Assistant U.S. Attorney, Vernon G. Stejskal, of the District of Utah is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Two Colorado Men Arrested and Facing Federal Drug Trafficking and Firearm Charges in Southern UtahRead the Press Release
Salt Lake City, Utah – A federal grand jury in Utah returned an indictment charging two Colorado men for possession of illicit drugs with the intent to distribute and carrying a firearm in relation to the crime.
According to court documents, Dylan Kelly, 19, of Grand Junction, Colorado, and Navin Daryan Wright, 20, also a Colorado resident, are each charged with possession of fentanyl with intent to distribute and carrying a firearm during and in relation to a drug trafficking crime in January. On March 15, 2023, Wright was arrested in Grand Junction and had his initial appearance before a U.S. Magistrate Judge. Kelly had his initial court appearance March 20, 2023, before a U.S. Magistrate Judge for the District of Utah in St. George.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
The case is being investigated by the Utah Department of Public Safety (DPS); Utah Highway Patrol (UHP) and State Bureau of Investigation (SBI).
Assistant U.S. Attorney, Brady Wilson, of the District of Utah, Southern Region is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.Defendants Sentenced in a $217,200 Gift Card Conspiracy and Wire Fraud Scheme that Cheated Victims, Including the Elderly, Out of Thousands of DollarsRead the Press Release
Salt Lake City, Utah – Two foreign nationals, were sentenced today after pleading guilty to their participation in a wire fraud scheme, where victims were deceived into purchasing prepaid gift cards and providing that information to the defendants for their own personal gain.
Chaohui Chen, 46, was sentenced to 21 months imprisonment followed by 36 months supervised release and ordered to pay $217,200.00 in restitution. Wenyi Zheng, 46, was sentenced to 36 months imprisonment followed by 36 months supervised release and ordered to pay $217,200.00 in restitution.
According to court documents, in June 2019, Chen and Zheng were involved in a Walmart gift card conspiracy and wire fraud scheme within the District of Utah and elsewhere. The purpose of the scheme was to defraud individuals and obtain money and property for the personal gain of the defendants and others. According to the plea statement, a typical execution of the scheme involved unnamed third parties who would make false and fraudulent telephone calls, sometimes claiming to the victims they were part of the Social Security Administration. Using false pretenses, the callers would convince victims to purchase prepaid gift cards and provide to them the 16-digit gift card numbers and unique pins for the gift cards, in return for a cashier’s check in the amount of the gift card purchased. Once in control of the gift cards, Chen and Zheng would redeem the gift cards at various stores by purchasing household items and additional prepaid gift cards, which they would convert and use for their own personal gain, and neglect to return any of the money to the victims. Throughout the scheme, the defendants used or caused another to use interstate wire communications facilities for the purpose of carrying out the crime.
“The United States Attorney’s Office is committed to working with our law enforcement partners to investigate people who prey on vulnerable members of our community,” said United States Attorney Trina A. Higgins. “It is our job to pursue justice for victims, some of whom are elderly and trusted those who committed this crime.”
The case was investigated by the U.S. Department of Homeland Security Investigations (HSI).
Assistant U.S. Attorney, Ruth Hackford-Peer, of the District of Utah prosecuted the case.
Ogden Man Sentenced to 18 Months Imprisonment for Possessing a Firearm as a Prior Convicted FelonRead the Press Release
Salt Lake City, Utah – A Utah man was sentenced to a term of imprisonment of one and a half years followed by a 36-month term of supervised release for possessing a firearm and ammunition as a convicted felon for a prior burglary conviction.
According to court documents, on January 7, 2021, Taydon Tailor Law, 22, of Ogden, Utah, a convicted felon restricted from owning or possessing a firearm or ammunition, possessed a Ruger LC9, 9mm firearm and ammunition that he took without permission from a home where he was working. The firearm and ammunition were not manufactured in the state of Utah and travelled in interstate commerce.
“The U.S. Attorney’s Office for the District of Utah will continue to prosecute cases where individuals illegally possess and transfer firearms putting our citizens at risk,” said U.S. Attorney Trina A. Higgins. “Our goal is to prevent gun violence and we appreciate the commitment from our law enforcement partners who work to bring justice to victims and the community for these crimes.”
The case was investigated by the Ogden Police Department.
Special Assistant U.S. Attorney, Branden B. Miles, for the District of Utah prosecuted the case.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Utah Pedestrian Struck by Vehicle during Alleged Drug Trafficker’s Attempt to Flee from PoliceRead the Press Release
Salt Lake City, Utah – A federal grand jury in Utah returned an indictment today charging a foreign national with possession of methamphetamine, heroin, and fentanyl with intent to distribute.
According to the complaint, on March 1, 2023, detectives with the Salt Lake Area Metro Gang Unit (MGU) witnessed Marcos Adrian Garcia Lugo, 21, speeding in the area of 3100 South Bangerter Highway in Salt Lake County, Utah. Detectives attempted to stop the vehicle with lights and sirens, but the driver fled, and detectives terminated their pursuit. Moments later, an MGU detective who is also an ATF task force officer observed Lugo make a sharp turn at 3600 West and 3150 South, where he slammed into another car that struck a pedestrian. The detective watched Lugo exit the driver’s seat and take off on foot away from the crash. Along Lugo’s flight path, detectives found a softball-sized amount of field-tested-positive methamphetamine and a stolen Smith and Wesson Shield 9mm firearm. Lugo was later arrested at a residence north of the crash. In Lugo’s vehicle, detectives also found 3.5 pounds of field-tested-positive methamphetamine, a half-pound of heroin, approximately 3,000 fentanyl pills, and $2,557.00 in cash.
Lugo is charged with possession of methamphetamine with intent to distribute; possession of heroin with intent to distribute, possession of fentanyl with intent to distribute, and alien in possession of a firearm. The defendant is scheduled for his arraignment hearing March 9, 2023, at 9:15 a.m. in courtroom 8.4 before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
The case is being investigated jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Drug Enforcement Administration (DEA) and the Salt Lake Area Metro Gang Unit.
Assistant U.S. Attorney, Stephen L. Nelson, for the District of Utah is prosecuting the case.
Learn more about the danger of illicit fentanyl at https://www.dea.gov/fentanylawareness or www.dea.gov/onepill.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement, and the local community to develop effective, locally based strategies to reduce violent crime.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Accountant Providing Financial Services to Utah Charter Schools Indicted for $2.5M Fraud SchemeRead the Press Release
Salt Lake City, Utah – A federal grand jury in Salt Lake City, Utah returned an indictment March 1, 2023, charging a Utah man with allegedly planning and executing a scheme to steal money from two Utah charter schools for his own personal gain and the benefit of his family, including paying for cosmetic surgeries for his wife.
According to court documents, Cole Arnold, 39, of Kaysville, Utah, was an accountant for Academica West Services, which provides services for charter school business operations. Arnold provided financial services to several charter schools in Utah, including North Davis Preparatory Academy and Ascent Academies. Beginning in August 2017 and continuing through June 2022, Arnold used his position at Academica West Services to allegedly steal $2,563,348.23 from North Davis Preparatory and Ascent Academies. According to the indictment, Arnold’s fraudulent activity included: creating false invoices, bills and credit card statements claiming fees for school supplies, teacher salaries, and other fictitious line-item expenses, for the purpose of generating payments to credit cards controlled by himself; creating false computer journal entries claiming a variety of school related expenses; passing fraudulently obtained money through Venmo and a bank account in the name of Upper Limit Innovation, a registered Utah business that Arnold was a co-owner and registered agent of, to transfer the fraudulently obtained money. The stolen charter school funds were used by Cole for travel, concerts, cosmetic surgeries, home improvements, jewelry, furniture, electronics, and other personal expenses.
Arnold is charged with 10 counts of wire fraud, and five counts of money laundering. The defendant is scheduled for his initial court appearance March 30, 2023, at 1:00 p.m. in courtroom 8.4 before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
The case is being investigated by the FBI Salt Lake Financial Crimes Task Force, which includes IRS-CI, Layton Police Department and the FBI.
Assistant U.S. Attorney, Jennifer K. Muyskens, for the District of Utah is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Summit Hospice to Pay over $1M to Settle False Claims LiabilityRead the Press Release
Salt Lake City, Utah – A Salt Lake County, Utah health care company has agreed to pay $1,045,944.42 to resolve allegations they violated the False Claims Act by submitting claims to Medicare and Medicaid for non-covered hospice services.
The settlement resolves allegations that Summit Hospice knowingly submitted false claims for payment to Medicare and Medicaid between October 1, 2018, and September 7, 2021, in violation of the False Claims Act. The United States alleged that during this period of time, Summit Hospice was billing for services that were not medically necessary, because the patients’ records lacked documentation of a terminal illness to qualify for services. Summit Hospice denies the allegations.
Hospice care is special, end-of-life care intended to comfort terminally ill patients. To be eligible for the Medicare paid hospice benefit, patients must be “terminally ill,” meaning that the patients have a medical prognosis that their life expectancy is six months or less if the illness runs its normal course.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
The case was investigated jointly by the Office of Inspector General of the United States Department of Health and Human Services (HHS-OIG) and the Utah Attorney General’s Office, Medicaid Fraud Control Unit.
"Hospice care is an important service that should provide patients with comfort. Providers who focus on personal financial gain rather than providing medically necessary, high-quality care to their patients undermine the integrity of these services," said Curt L. Muller, Special Agent in Charge at the Department of Health and Human Services, Office of Inspector General (HHS-OIG). "HHS-OIG will continue to work with our federal and state partners to ensure that hospice providers are giving their patients the care and comfort they need."
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Oregon Woman Indicted for Allegedly Trafficking Approximately 19 Pounds of FentanylRead the Press Release
Salt Lake City, Utah – A federal grand jury in Utah returned an indictment March 1, 2023, charging an Oregon woman for possession with the intent to distribute illicit drugs, specifically fentanyl and heroin, and possessing a firearm during a drug trafficking crime.
According to court documents, on February 9, 2023, Ruth Mery Argueta, 31, was stopped in a Nissan Frontier Pickup truck by a Utah Highway Patrol trooper for an equipment violation. Upon contact with the vehicle, the trooper detected the smell of burnt marijuana, for which Argueta, the sole occupant in the vehicle, did not have a medical marijuana card for. After being questioned by the trooper, Argueta showed the trooper additional marijuana, and a marijuana grinder. A search of the vehicle was conducted leading to the recovery of approximately 19 pounds of fake blue M30 pills purported to contain fentanyl; over one kilogram of heroin; a loaded firearm; approximately one ounce of raw marijuana; rolling papers; over $4,000; and a burnt marijuana joint. Agents with the Drug Enforcement Administration took custody of the evidence and preliminary test results of the drugs were positive for fentanyl and heroin.
Argueta is charged with possession of fentanyl with intent to distribute, possession of heroin with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime. The defendant is scheduled for her initial court appearance March 6, 2023, at 11:45 a.m. before a U.S. Magistrate Judge via Zoom conference.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
The case is being investigated jointly by the DEA and the Department of Public Safety.
Assistant U.S. Attorney, Vernon G. Stejskal, for the District of Utah is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Utah Residents Face Federal Charges After Allegedly Attempting to Forcibly Take an Elderly Man’s VehicleRead the Press Release
Salt Lake City, Utah – A federal grand jury in Salt Lake City, Utah returned an indictment charging an Ogden man and woman with carjacking an SUV that belonged to an elderly citizen.
According to court documents, on January 30, 2023, Elvis Tahirovic, 33, and Brittany Ann Peters, 33, fled from Salt Lake City Police in a reported stolen Mercedes out of South Salt Lake. Salt Lake City Police initiated a high-speed pursuit, that was terminated due to public safety. Utilizing the Department of Public Safety helicopter, Tahirovic and Peters were tracked crossing into Davis, Weber and Box Elder Counties before troopers utilized a “cold spike” to flatten the Mercedes tires in Weber County. According to the complaint, at the intersection of Higley Road, the Mercedes came to an abrupt stop and Peters ran to a Chevrolet Tahoe at a stop sign and opened the driver’s door. Tahirovic also exited the Mercedes and ran to the driver’s door of the Tahoe, and forcibly removed the elderly victim out of his SUV before getting behind the wheel. Peters entered the passenger’s seat of the Tahoe. Tahirovic and Peters were unable to take off in the vehicle because the victim took the keys out of the ignition. Unable to flee, Tahirovic charged for the victim, but authorities arrived and took Tahirovic and Peters into custody.
Tahirovic and Peters are charged with one count of carjacking. The defendants made their initial court appearance on their indictment February 16, 2023, before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
The case is being investigated jointly by the FBI Salt Lake City Field Office and the Utah Department of Public Safety.
Assistant U.S. Attorney, Carlos Esqueda, for the District of Utah is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Trina A. Higgins Announces Implementation of New Voluntary Self-Disclosure PolicyRead the Press Release
SALT LAKE CITY, UT – U.S. Attorney Trina A. Higgins announced that the U.S. Attorney’s Office for the District of Utah has implemented the new United States Attorney’s Offices’ Voluntary Self-Disclosure Policy released earlier today.
The policy, which is effective immediately, details the circumstances under which a company will be considered to have made a voluntary self-disclosure (VSD) of misconduct to a United States Attorney’s Office (USAO), and provides transparency and predictability to companies and the defense bar concerning the concrete benefits and potential outcomes in cases where companies voluntarily self-disclose misconduct, fully cooperate and timely and appropriately remediate.
The goal of the policy is to standardize how VSDs are defined and credited by USAOs nationwide, and to incentivize companies to maintain effective compliance programs capable of identifying misconduct, to expeditiously and voluntarily disclose and remediate misconduct, and to cooperate fully with the government in corporate criminal investigations. The policy was developed pursuant to the Deputy Attorney General’s September 15, 2022 memorandum, “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group” (Monaco Memo), which directed each Department of Justice (DOJ) component that prosecutes corporate crime to review its policies on corporate voluntary self-disclosure and, if there was no formal written policy to incentivize self-disclosure, draft and publicly share such a policy.
Under the new VSD policy, a company is considered to have made a VSD if it becomes aware of misconduct by employees or agents before that misconduct is publicly reported or otherwise known to the DOJ, and discloses all relevant facts known to the company about the misconduct to a USAO in a timely fashion prior to an imminent threat of disclosure or government investigation. A company that voluntarily self-discloses as defined in the policy and fully meets the other requirements of the policy, by—in the absence of any aggravating factor—fully cooperating and timely and appropriately remediating the criminal conduct (including agreeing to pay all disgorgement, forfeiture, and restitution resulting from the misconduct), will receive significant benefits, including that the USAO will not seek a guilty plea; may choose not to impose any criminal penalty, and in any event will not impose a criminal penalty that is greater than 50% below the low end of the United States Sentencing Guidelines (USSG) fine range; and will not seek the imposition of an independent compliance monitor if the company demonstrates that it has implemented and tested an effective compliance program.
The policy identifies three aggravating factors that may warrant a USAO seeking a guilty plea even if the other requirements of the VSD policy are met: (1) if the misconduct poses a grave threat to national security, public health, or the environment; (2) if the misconduct is deeply pervasive throughout the company; or (3) if the misconduct involved current executive management of the company. The presence of an aggravating factor does not necessarily mean that a guilty plea will be required; instead, the USAO will assess the relevant facts and circumstances to determine the appropriate resolution. If a guilty plea is ultimately required, the company will still receive the other benefits under the VSD policy, including that the USAO will recommend a criminal penalty of at least a 50% and up to a 75% reduction off the low end of the USSG fine range, and that the USAO will not require the appointment of a monitor if the company has implemented and tested an effective compliance program.
In cases where a company is being jointly prosecuted by a USAO and another DOJ component, or where the misconduct reported by the company falls within the scope of conduct covered by VSD policies administered by other DOJ components, the USAO will coordinate with, or, if necessary, obtain approval from, the DOJ component responsible for the VSD policy specific to the reported misconduct when considering a potential resolution. Consistent with relevant provisions of the Justice Manual and as allowable under alternate VSD policies, the USAO may choose to apply any provision of an alternate VSD policy in addition to, or in place of, any provision of its policy.
Defendants Sentenced in a Romance Fraud and Money Laundering Scheme that Cost Victim Widows Millions of DollarsRead the Press Release
Salt Lake City, Utah – Three foreign national men, living in Utah, were sentenced after pleading guilty to their participation in a four-person money laundering ring that aided and abetted the defrauding of more than a hundred victims, primarily widows.
On Thursday, February 9, 2023, David Oguoguo Okeke, 30, of Vineyard, Utah, was sentenced to 54 months imprisonment and 36 months supervised release, after pleading guilty to money laundering conspiracy. He was ordered to pay $2,219,802.97 in restitution. Upon release from imprisonment, Okeke will be remanded to the Federal Bureau of Immigration and Customs Enforcement (ICE) for deportation proceedings.
Additionally, according to court documents, after pleading guilty to conspiracy to commit money laundering, Okeke’s codefendants Justin Akubueze, 30, and Abiemwense Valentine Obanor, 32, both formerly of Vineyard, Utah, were sentenced to 54 months and 74 months imprisonment, respectively. Each defendant was sentenced to 36 months supervised release and ordered to pay $219,802.97 in restitution jointly with Okeke.
The purpose of the scheme was to obtain money by creating online profiles pretending to be a United States soldier, international businessmen, or some other seemingly attractive profile, and using those profiles to develop relationships with victims. After their associates were charged with similar crimes in a different case, (see press release here: https://www.justice.gov/usao-ut/pr/eight-individuals-charged-fraud-scheme-targeting-widows-created-false-identities-feigned), Akubueze and Obanor left the United States. After a federal grand jury returned an indictment against them, they were extradited to the United States to face the charges against them.
“The U.S. Attorney’s Office will continue to prosecute fraudsters who take advantage of victims, many of whom are elderly, on a fixed income and lose money intended to carry them throughout the rest of their life,” said U.S. Attorney, Trina A. Higgins, for the District of Utah. “Taking advantage of our most vulnerable population is unacceptable and with our law enforcement partners we are committed to investigating these crimes.”
The Federal Bureau of Investigation (FBI) and the U.S. Postal Inspection Service (USPIS) investigated the case.
Assistant U.S. Attorney, Carl D. Lesueur, for the District of Utah prosecuted the case.
Alleged Drug Trafficking Ring Leader and Utah Business Owner Behind Bars Following Massive Narcotics BustRead the Press Release
Salt Lake City, Utah – A federal judge ordered detention of the leader of a large Utah narcotics organization. In the Memorandum Decision and Order filed Friday, the judge wrote that the decision to detain Jaafar Altalibi was based in part on “the significant role defendant played in distributing highly toxic substances throughout the community for approximately a decade…”
In October, a federal grand jury in Salt Lake City, Utah, returned a 15-count indictment charging multiple defendants, including foreign nationals, with drug-related offenses, including synthetic drugs commonly referred to as “bath salts,” and providing defendants notice that if convicted of the charges, they would forfeit millions of dollars in cash, bank accounts, property and other assets.
According to court documents, Jaafar Altalibi, 40, Salt Lake County; Mountazar Altalibi, 34, Salt Lake County; Haydar Altalibi, 43; Salt Lake County; David Lovato, 42, Salt Lake County; Allen Jervis, 54, Salt Lake County; Hannah Taylor, 26, Salt Lake County; Samantha Barber, 39, Salt Lake County; Roble Abdinoor, 42, Seattle, Washington; Faris Musa, 30, Salt Lake County; Hussein Alsalemi, 39, Salt Lake County; Khadim Musa, 31, Salt Lake County; Martinus De Koning, a foreign national; Smokers Haven J, LLC; and Lake City Auto Sales, LLC, are all charged with a number of drug related offenses, which include but do not apply to all defendants, conspiracy to distribute schedule I controlled substances; conspiracy to commit money laundering; attempted possession of α-Pyrrolidinohexanophenone (α-PHP) with intent to distribute; possession of α-Pyrrolidinohexanophenone (α-PHP) with intent to distribute; distribution of α-Pyrrolidinohexanophenone (α-PHP); distribution of α-Pyrrolidinohexanophenone (α-PHP) for the purpose of unlawful importation; and engaging in a continuing criminal enterprise. Defendants were also provided notice that if convicted of the charges, defendants would forfeit property constituting, or derived from, any proceeds obtained, directly or indirectly, as the result of such offense and any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, the offense(s). This property includes seven real estate properties; six bank accounts; all vehicles parked at an involved business; four additional vehicles to include a 2020 Mercedes-Benz GLE, 2022 Cadillac Escalade, 2017 Landrover Range Rover Sport, and a 2017 Lexus GS350; other luxury items, multiple residences, and two businesses.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
The DEA Metro Narcotics Task Force, made up of officers from the DEA, Unified Police Department of Greater Salt Lake/Salt Lake County Sheriff’s Office, West Valley City Police Department, Homeland Security Investigations (HSI), and the U.S. Internal Revenue Service (IRS) are investigating this case. Immigration and Customs Enforcement (ICE), U.S. Postal Inspection Service (USPIS), Utah Department of Public Safety, Tooele Police Department, Sandy Police Department, South Jordan Police Department, Murray Police Department, Salt Lake City Police Department, Park City Police Department, and the Summit County Sheriff’s Office participated in the investigation.
Special Assistant U.S. Attorney, Seth Nielsen, from the Utah Attorney General’s Office, Assistant United States Attorneys Vernon G. Stejskal, and Cy H. Castle, for the District of Utah are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former FLDS Utah Man Sentenced to 60 Months in Prison After Admitting to Grooming and Sexually Abusing a Teenage GirlRead the Press Release
Salt Lake City, Utah – A Washington County, Utah man was sentenced Wednesday to five years imprisonment, and 15-years supervised release, after pleading guilty to the use of interstate facilities to transmit information about a minor.
According to court documents, James Steed Allred, 41, of Apple Valley, targeted a 14-year-old victim by using a fake social media account. Allred admitted to using a fake online persona in April 2020 to contact the teen who was living in North Dakota. Using a Snapchat account, he represented to the victim he was a teenage boy living in Washington County, Utah, and provided fake photos. Allred engaged in extensive romantic communication and sent gifts to the victim in an attempt to engage in illegal sexual activity with the minor. In April 2021, shortly after the teenage victim moved to Colorado City, Arizona with her family, Allred traveled from Utah to Arizona and engaged in illegal sexual conduct with the victim multiple times while continuing to deceive the teen that he was a teenage boy.
“The United States. Attorney’s Office is committed to protecting minor victims from violent criminals who prey on their innocence via the internet,” said U.S. Attorney Trina A. Higgins for the District of Utah. “Thanks to our law enforcement partners we were able to investigate this case and seek justice for the victim as she continues to heal from the trauma inflicted by this crime."
The case was investigated by the FBI Salt Lake City Field Office.
Assistant U.S. Attorney, Stephen Dent, for the District of Utah prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Arizona Man Arrested for Kidnapping a Utah Teenager is Facing Federal Charges Including Intent to Engage in Sexual Conduct with a MinorRead the Press Release
SALT LAKE CITY, Utah – A federal grand jury in Utah returned an indictment charging a Tucson, Arizona man with kidnapping a Utah teen and taking the victim across state lines with the intent to engage in illegal sexual activity.
According to court documents, Tadashi Kura Kojima, 26, also known as Aaron Michael Zeman, willfully and unlawfully kidnapped a 13-year-old, who he was not related to, or had legal custody of, and took the minor across state lines with the intent to engage in illegal sexual activity. The criminal conduct resulted in an Amber Alert and the arrest of Kojima in Nebraska. Kojima has been provided notice of the intent to seek forfeiture of property, including a cell phone, gaming devices, and a 1998 White Toyota Avalon, which were used or intended to be used to commit or to facilitate the commission of the violation.
The indictment charges Kojima with kidnapping and transportation with intent to engage in criminal sexual activity. The defendant appeared in a U.S. federal court in Nebraska and is in the custody of the U.S. Marshals Service, who will transfer Kojima to Utah. Upon his arrival in Utah, Kojima will appear on his indictment at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
Assistant U.S. Attorney, Carol A. Dain, is prosecuting the case. The investigation is being worked jointly by the FBI, Layton Police Department and Grand Island Police Department.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Utah County Residents and an Accounting Business Charged in $11 Million COVID-Related Tax Fraud SchemeRead the Press Release
UPDATE
The defendants in this case, Zachary Bassett, Mason Warr and COS Accounting & Tax LLC, were acquitted of the charges alleged in the indictment described in the press release below.
Salt Lake City, Utah – A federal grand jury in Salt Lake City, Utah returned an indictment Wednesday charging two Utah County men and COS Accounting & Tax LLC, dba 1099 Tax Pros with a COVID-related tax fraud scheme to defraud the United States of America of millions of dollars.
According to court documents, Zachary Bassett, 39, of Provo, Mason Warr, 37, of Vineyard and COS Accounting & Tax LLC, dba 1099 Tax Pros located in Provo, participated in a fraudulent tax scheme to seek COVID-related relief funds by preparing and submitting more than one thousand tax forms to the IRS, claiming in excess of $11 million in false and fraudulent Employee Retention Credit (ERC) and sick and family leave wage credits for clients of COS Accounting.
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), enacted in March 2020, provides an employee retention tax credit (ERC) and is designed to encourage businesses to keep employees on their payroll. The Families First Coronavirus Response Act (FFCRA) requires certain employers to provide employees with paid sick leave of up to 80 hours and expanded family and medical leave of up to 10 weeks for specified reasons related to COVID-19. FFCRA provides refundable tax credits that reimburse employers for the cost of providing paid sick and family leave wages to employees for leave related to COVID-19.
“During the pandemic, the defendants allegedly took advantage of a program intended to provide critical relief for businesses impacted by the COVID-19 outbreak,” said IRS Criminal Investigation Special Agent in Charge Albert Childress. "IRS CI is committed to bringing justice to those who have exploited the pandemic for personal gain and have stolen from America’s taxpayers.”
The indictment charges Bassett, Warr and COS Accounting & Tax LLC, dba 1099 Tax Pros with conspiracy to defraud the United States, wire fraud and aiding and assisting in filing false tax returns. According to the indictment, the scheme to defraud took place from at least April 2020 through at least August 2021 in the District of Utah. Defendants were also provided notice that if convicted of the charges, defendants would forfeit to the United States of America any property constituting or derived from proceeds traceable to the scheme to defraud. An initial appearance for the defendants is scheduled for February 22, 2023, at 1p.m. at the U.S. District Court in Salt Lake City.
U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
Assistant U.S. Attorney, Jennifer K. Muyskens, for the District of Utah is prosecuting the case.
The IRS-Criminal Investigation is investigating the case.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866 720 5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.