District of Vermont
Press releases recorded for this federal judicial district.
Brooklyn Man Indicted for Distributing Fentanyl and Cocaine BaseRead the Press Release
Burlington, Vermont - The Office of the United States Attorney for the District of Vermont announced that Demetrius Thompson, aka “Tone,” 44, of Brooklyn, New York was arrested yesterday in Rutland, Vermont. On December 14, 2022, Thompson had been indicted by the federal grand jury for distributions of fentanyl and cocaine base. Thompson is scheduled to be arraigned later today before United States Magistrate Judge Kevin J. Doyle.
According to court records, Thompson is alleged to have distributed controlled substances on three occasions during the month of September 2022. Last night, Rutland City Police, with the assistance of Homeland Security Investigations, executed a state search warrant at a residence in Rutland City. During the execution of that warrant, Thompson was located inside the residence. Also located inside the residence was approximately $4,000 of cash, a quantity of controlled substances, and a firearm.
The United States Attorney’s Office emphasizes that an Indictment contains allegations only and that Thompson is presumed innocent until and unless he is convicted of a crime. Thompson faces a maximum sentence of 20 years of imprisonment on each count of distributing controlled substances.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Rutland City Police Department and Homeland Security Investigations.
The prosecutor is Assistant United States Attorney Jonathan A. Ophardt. Thompson is represented by Katina Ready, Esq.Colchester Man Charged in Connection with Swanton Drug-Related HomicideRead the Press Release
Burlington, Vermont - The United States Attorney’s Office stated Dominique Troupe, 36, of Colchester, was arraigned today before United States Magistrate Judge Kevin J. Doyle in connection with a Second Superseding Indictment in which Troupe and others are charged with gun and drug crimes. Troupe is charged with one count of conspiracy to distribute cocaine base, one count of aiding and abetting the use of a firearm during and in relation to the drug conspiracy, one count of conspiring to commit a robbery of drugs and money by threat of force, and one count of possession with intent to distribute cocaine base.
According to court documents, the first three counts against Troupe relate to the February 2, 2022 shooting death of Elijah Oliver in Swanton, Vermont. In its motion seeking Troupe’s detention, the United States asserts that Troupe was a primary source of supply for crack cocaine being sold out of a residence on River Street in Swanton, and that Oliver was a rival Swanton drug dealer. According to the detention motion, to protect their crack cocaine distribution operation, Troupe and others implemented a plan to carry out an armed robbery of Oliver, seeking to steal drugs and money, and during the attempted robbery Oliver was shot and killed.Troupe has been in federal custody since his September 7, 2022 arrest for possessing with intent to distribute cocaine base. In today’s hearing, United States Magistrate Judge Doyle ordered Troupe to remain detained during the pendency of the prosecution. Troupe and his co-defendants will have until March 20 to file pre-trial motions.
If Troupe is convicted of all charges, he will face a mandatory minimum 15-year prison sentence, with a maximum possible sentence of life; any sentence would be advised by the Federal Sentencing Guidelines.
The United States Attorney emphasizes that the indictment is an accusation only and that the defendant is presumed innocent until and unless proven guilty.
This case has been investigated by the Vermont State Police, in coordination with the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Franklin County Sheriff Department, and the Swanton Police Department.
The Assistant United States Attorney handling the prosecution is Michael Drescher. Troupe is represented by Mark Kaplan, Esq. of Burlington.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psnBrooklyn, New York Man Sentenced for Drug Trafficking OffenseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on December 27, 2022, Jermaine Dixon, 39, of Brooklyn, New York, was sentenced in United States District Court in Burlington, Vermont to serve 14 months in prison after his guilty plea to one count of distribution of cocaine base. U.S. District Judge Christina Reiss also ordered Dixon to serve a three-year term of supervised release and to pay a $100 special assessment.
According to court records and proceedings, in December 2021, Dixon sold crack cocaine to a confidential informant in the Burlington area on two occasions. On January 7, 2022, law enforcement responded to a residence in Burlington regarding a report of several men fighting. As police officers approached the residence, a detective on the perimeter of the building observed Dixon lean out of a broken window and throw two baggies onto the roof. The detective retrieved the baggies, which together contained over 50 grams of cocaine base. Dixon was arrested and has been detained since then.
U.S. Attorney Nikolas P. Kerest commended the efforts of the Burlington Police Department and the Drug Enforcement Administration in the investigation and prosecution of Dixon.Assistant United States Attorney John J. Boscia handled the prosecution of Dixon. Ian P. Carleton, Esq. and Devin T. McKnight, Esq. of Sheehey, Furlong & Behm P.C. represented Dixon.
Franklin County Woman Charged with Straw Purchasing FirearmsRead the Press Release
The United States Attorney’s Office stated that Harley Davis, 28, of Enosburg, Vermont, was charged with making false statements to federally licensed firearms dealers in connection with the purchase of three firearms in May 2022. Davis appeared in court yesterday before the Hon. Kevin J. Doyle, U.S. Magistrate Judge, and was detained pending further proceedings. If convicted, Davis faces a maximum possible penalty of 10 years in prison and fines of up to $250,000.
As set forth in the affidavit in support of the complaint, Davis allegedly purchased the firearms for individuals who had come to Vermont for the purpose of selling controlled substances. The U.S. Attorney’s Office emphasizes that the complaint is an accusation only and that the defendant is presumed innocent until and unless proven guilty.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated the case. Assistant U.S. Attorney Eugenia Cowles represents the government. Assistant Federal Public Defender Mary Nerino was appointed to represent Ms. Davis.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
U.S. Attorney’s Office for the District of Vermont Collects $1,597,621.03 in Civil and Criminal Actions in Fiscal Year 2022Read the Press Release
Burlington, Vermont - U.S. Attorney Nikolas P. Kerest announced today that the District of Vermont collected $1,597,621.03 in criminal and civil actions in Fiscal Year 2022. Of this amount, $1,076,812.47 was collected in criminal actions and $520,808.56 was collected in civil actions.
Additionally, the District of Vermont worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $23,423.31 in cases pursued jointly by these offices.
“The District of Vermont’s attorneys prioritize keeping Vermonters safe, recovering financial losses sustained as the result of illegal conduct, and protecting precious taxpayer resources,” said United States Attorney Nikolas P. Kerest. “These efforts enabled us to achieve justice and recoup a significant amount of taxpayer dollars in Fiscal Year 2022.”The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Additionally, the U.S. Attorney’s office in the District of Vermont, working with partner agencies and divisions, collected $595,844 in asset forfeiture actions in FY 2022. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
Honduran Man Pleads Not Guilty to Unlawfully Transporting Foreign Nationals in VermontRead the Press Release
The United States Attorney stated that Guillermo Paredes-Bobadilla, 31, of Honduras and Brunswick, New Jersey, was arraigned yesterday in United States District Court in Burlington on an indictment charging him with unlawfully transporting three individuals from Guatemala who entered the United States illegally. Paredes-Bobadilla pleaded not guilty and remains in the custody of the U.S. Marshals Service in accordance with a prior order of the Court.
According to public documents in the case, during the early morning hours of December 1, 2022, based on information suggesting a nearby illegal border crossing, the United States Border Patrol initiated a traffic stop of a vehicle driven by Paredes-Bobadilla in Highgate, Vermont. Border Patrol identified Paredes-Bobadilla as a Honduran national living in New Jersey who had filed an asylum claim, which had not been adjudicated. The three passengers acknowledged they were from Guatemala and did not have legal status to be in the United States. The passengers stated that each paid $1,000 to be smuggled into the United States and that a foot guide led them to the pick up location.
The United States Attorney’s Office emphasizes that an indictment is an accusation only and that the defendant is presumed innocent until and unless proven guilty. As currently charged Paredes-Bobadilla, faces up to five years of imprisonment if convicted. Any sentence in the case will be advised by the United States Sentencing Guidelines.
U.S. Attorney Nikolas Kerest credited the agents of the United State Border Patrol for their investigation and apprehension of Paredes-Bobadilla and their continued efforts to prevent the exploitation of foreign nationals by human-smuggling organizations.
Assistant U.S. Attorney Joseph Perella represents the United States in this case. Paredes-Bobadilla is represented by Assistant Federal Public Defender Steven Barth.
Two Individuals Charged with Wire Fraud in Second Superseding Indictment Connected with Vermont Kidnapping and MurderRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that last Thursday, Serhat Gumrukcu, 39, of Los Angeles, California and Berk Eratay, 36, of Las Vegas, Nevada, were charged with conspiracy to commit wire fraud in connection with a murder-for-hire conspiracy and the January 6, 2018 kidnapping and death of Gregory Davis, a resident of Danville, Vermont. The wire fraud charge was added to existing murder for hire conspiracy charges against Gumrukcu and Eratay and Jerry Banks, 35, of Fort Garland, Colorado and kidnapping charges against Banks. The defendants’ arraignment on the second superseding indictment is scheduled for December 29, 2022.
As described in Count 3 of the second superseding indictment, Gumrukcu and Eratay, in connection with business dealings with Davis, devised a scheme to defraud Davis and other person by attempting to deceive them about the amount of money available to Gumrukcu and his associated entities as well as the identities of individuals involved with Gumrukcu.
The wire fraud charge in the second superseding indictment carries a maximum sentence of twenty years. The murder for hire conspiracy and kidnapping charges carry a mandatory sentence of life imprisonment. The second superseding indictment contains accusations only, and the defendants are presumed innocent until and unless proven guilty.
The prosecutors are Assistant United States Attorneys Paul Van de Graaf and Jonathan Ophardt. Banks is represented by Michael Desautels and Mary Nerino from the Federal Public Defender’s Office. Eratay is represented by Robert Katims, Esq. Gumrukcu is represented by David Kirby, Esq.
U.S. Attorney Nikolas P. Kerest commended the efforts of the Federal Bureau of Investigation and the Vermont State Police for their collaborative investigation of Gumrukcu, Eratay, and Banks and the crimes associated with Davis’s murder. U.S. Attorney Kerest also thanked the Internal Revenue Service Criminal Investigations for assisting in the ongoing investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. 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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
Bennington Man Sentenced to 30 Months for Unlawfully Possessing a Stolen FirearmRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that Gavin Wilcox, 31, of Bennington, Vermont was sentenced today to 30 months of imprisonment for unlawfully possessing a firearm as a convicted felon. United States District Judge William K. Sessions III ordered Wilcox to begin his sentence today, without credit for time served, due to Wilcox having been on furlough from the Vermont Department of Corrections at the time of the federal offense. Judge Sessions also ordered Wilcox to serve a 2-year term of supervised release after his incarceration.
According to court records, on March 31, 2022, while investigating an unrelated report of violent crime, Bennington Police observed Wilcox engage in a suspected drug transaction in the Dollar General parking lot. Officers knew Wilcox to have an active arrest warrant for violations of his furlough, and therefore approached Wilcox to detain him. When Wilcox was handcuffed, he dropped 11 white bags wrapped in a rubber band, which contained fentanyl. Wilcox’s backpack was seized and a subsequent search of the backpack revealed a stolen Smith & Wesson .357 magnum Pro Series revolver and drug paraphernalia. Before his March 31, 2022 arrest, Wilcox had sustained felony convictions for DUI-3 (2013) and heroin possession (2020). These felony convictions prohibited Wilcox from possession of a firearm under federal law.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of Department of Homeland Security’s Homeland Security Investigations and the Bennington Police Department.
The prosecutor was Assistant United States Attorney Jonathan Ophardt. Wilcox was represented by Kevin Henry, Esq.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
Mexican National Pleads Not Guilty to Attempted Unlawful Transportation of Foreign Nationals in VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Antonio Alvarez, 45, of New York, NY was arraigned today in United States District Court in Burlington on an indictment charging him with unlawfully attempting to transport individuals that entered the United States illegally. Alvarez pleaded not guilty at his appearance before U.S. Magistrate Judge Kevin J. Doyle and remains on release conditions.
According to public documents in the case, during the evening of November 7, 2022, a United States Border Patrol Agent performing surveillance in the vicinity of Moon Road in Derby Line, Vermont, less than a mile from the Canadian border, observed six individuals, who were subsequently identified as Mexican nationals without identification or paperwork allowing them to reside in the United States legally. Shortly thereafter, another Border Patrol Agent stopped a Toyota Tacoma with New York plates that was driving slowly in a remote area approximately one mile from where Border Patrol encountered the six individuals. The driver of the Toyota Tacoma was identified as Antonio Alvarez, a Mexican national living in New York, NY who is in immigration removal proceedings. Alvarez later admitted that he was to be paid $2,000 for picking up and transporting the Mexican nationals.
The U.S. Attorney’s Office emphasizes that an indictment is an accusation only and that the defendant is presumed innocent until and unless proven guilty. As currently charged, Alvarez faces up to 5 years of imprisonment if convicted. Any sentence in the case will be advised by the United States Sentencing Guidelines.
U.S. Attorney Nikolas Kerest credited the agents of the United States Border Patrol for their investigation and apprehension of Antonio Alvarez and their continued efforts to prevent the exploitation of foreign nationals by human-smuggling organizations.
Assistant U.S. Attorney Andrew C. Gilman represents the United States in this case. Alvarez is represented by Assistant Federal Public Defender Steven Barth.
Springfield, Massachusetts Man Sentenced for Drug Trafficking OffenseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on December 6, 2022, David Reyes, 32, of Springfield, Massachusetts, was sentenced in United States District Court in Burlington, Vermont, to serve 43 months in prison after his guilty plea to one count of distribution of cocaine base. U.S. District Judge Christina Reiss also ordered Reyes to serve a three-year term of supervised release and to pay a $100 special assessment.
According to court records and proceedings, Reyes sold crack cocaine to a confidential informant in the Rutland area on June 10, 2021, and again on August 6, 2021. Reyes was arrested in March 2022 and has been detained since then.
U.S. Attorney Nikolas P. Kerest commended the efforts of the Vermont Drug Task Force, the Federal Bureau of Investigation, and the Rutland Police Department in the investigation and prosecution of Reyes.
Assistant U.S. Attorney Paul Van de Graaf handled the prosecution of Reyes. Mark Kaplan, Esq., represented Reyes.
Connecticut Man Sentenced to 27 Months of Imprisonment for Possession with Intent to Distribute FentanylRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Jorge Torres, 23, of Hartford, Connecticut, was sentenced to 27 months of imprisonment today in United States District Court by United States District Judge William K. Sessions III. Torres previously pleaded guilty to possession with intent to distribute fentanyl. Judge Sessions also ordered that Torres serve three years of supervised release after he serves his term of imprisonment.
According to court records, on December 21, 2021, Torres was arrested in the town of Orleans in the Northeast Kingdom while he was traveling northbound on Interstate 91 in possession of about 1500 bags of fentanyl, several grams of crack cocaine, and a loaded 9mm handgun. Prior to his arrest, Torres had sold fentanyl on several occasions to one or more persons cooperating with law enforcement. Torres was detained following his arrest and had been in custody since that time. This was Torres’ first criminal conviction.
This matter was investigated by the Vermont State Police Narcotics Investigation Unit and the Federal Bureau of Investigation, with assistance from the Newport, Vermont Police Department. Assistant U.S. Attorney Michael Drescher was the prosecutor. Torres was represented by Lisa Shelkrot, Esq., of Burlington.
Springfield, Vermont Individuals Facing Drug Distribution Conspiracy and Illegal Firearms Possession ChargesRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that Jonathan Castro, a.k.a. “Jose,” 33, of Springfield, Vermont and Springfield, Massachusetts; Anibal Castro, Sr., a.k.a. “Papi,” 54, of Springfield, Vermont; and Derek Arie, 34, of Springfield, Vermont were indicted yesterday by a federal grand jury sitting in Rutland, Vermont for conspiring to distribute cocaine base and fentanyl from March 2022 to November 30, 2022. The indictment also charges Arie with possessing cocaine base with intent to distribute on June 4, 2022. In addition, Martine Protas, 43, of Springfield, Vermont was charged by criminal complaint today with illegal possession of a firearm.
According to court documents, the drug conspiracy involved distribution of controlled substances on Valley Street in Springfield, Vermont and elsewhere. Anibal Castro, Sr. and Protas were arrested yesterday in Springfield, Vermont. When they were arrested, law enforcement discovered that Protas, who is an unlawful user of narcotics, had a firearm on her person. Jonathan Castro was arrested yesterday in Lebanon, New Hampshire. Arie, who was previously charged in September 2022, is currently on conditions of release.
Protas will have an initial appearance before U.S. Magistrate Judge Kevin J. Doyle on December 2 at 3:00 p.m. Anibal Castro, Sr. will be arraigned on December 2 at 4:00 p.m. Jonathan Castro will be arraigned on December 5 at 1:00 p.m. Arie’s arraignment has not yet been scheduled.
The United States Attorney emphasizes that the charges in the indictment are accusations only and that each defendant is presumed innocent unless and until proven guilty. Each drug charge carries a maximum sentence of 20 years’ imprisonment and up to a $1 million fine. The firearm charge carries a maximum sentence of 15 years’ imprisonment and up to a $250,000 fine. Any actual sentence, however, would be determined by the Court and advised by the Federal Sentencing Guidelines and the United States Code.
U.S. Attorney Nikolas P. Kerest commended the investigatory and collaborative efforts of the Federal Bureau of Investigation, the Vermont State Police, the Vermont Drug Task Force, the Drug Enforcement Administration, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Springfield Police Department, and the Windsor County State’s Attorney’s Office.
The United States is represented in this matter by Assistant U.S. Attorney Zachary Stendig. Jonathan Castro is represented by Robert Behrens, Esq. Anibal Castro, Sr. is represented by Natasha Sen, Esq. Derek Arie is represented by Kevin Henry, Esq. Martine Protas is represented by Michael Shklar, Esq.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
South Burlington Man Pleads Not Guilty to Felon in Possession ChargeRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Andrew Lane, 36, of South Burlington, was arraigned yesterday in United States District Court in Burlington on an indictment charging him with being a felon in possession of two firearms. Lane pleaded not guilty. Chief U.S. District Judge Geoffrey W. Crawford ordered that Lane be held without bail pending trial.
According to court records, on October 14, 2022, law enforcement executed federal search warrants for the Lane’s South Burlington residence, a Burlington apartment, and Lane’s 2017 BMW 540i. From a hidden compartment beneath the center console of the BMW, which was parked next to Lane’s South Burlington residence, law enforcement recovered two loaded firearms: a semi-automatic 9mm handgun and a .38 caliber revolver. Lane is prohibited from possessing firearms as a result of his prior felony convictions. In the search of the South Burlington residence, law enforcement also recovered approximately $36,000 in U.S. currency.
The United States Attorney emphasizes that the charge in the indictment is merely an accusation and that Lane is presumed innocent unless and until he is proven guilty.
If convicted, Lane faces up to fifteen years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.
U.S. Attorney Nikolas P. Kerest commended the investigatory efforts of Homeland Security Investigations, and recognized the helpful assistance of the Vermont State Police Drug Task Force, South Burlington Police Department, Bureau of Alcohol, Tobacco, Firearms & Explosives, Burlington Police Department, and Drug Enforcement Administration.
Lane is represented by Michael J. Straub, Esq. The prosecution is being handled by Assistant U.S. Attorney Andrew C. Gilman.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
South Burlington Man Charged with Making a False Statement in Connection with Acquisition of Handgun Found at Massachusetts Homicide SceneRead the Press Release
The United States Attorney’s Office stated Cameron Yee, 21, of South Burlington, was arrested yesterday based upon a one count indictment charging him with making a materially false statement in connection with his acquisition of a Glock handgun from a South Burlington federally licensed firearm dealer. Yee will be arraigned on the indictment this afternoon at 2:30 before United States Magistrate Judge Kevin J. Doyle.
Court filings state that Yee purchased a Glock .40 on October 11, 2022, and the weapon was recovered less than 24 hours later at the scene of a shootout in Springfield, Massachusetts, that resulted in the death of two men. According to Court records, when Yee acquired the gun he falsely stated to the gun store that he was the actual purchaser/transferee, when he actually was purchasing the weapon on behalf of a man who supplied him with money to make the purchase.
The indictment is an accusation only and that the defendant is presumed innocent until and unless proven guilty. If Yee is convicted of the charged offense, he will face a maximum possible prison sentence of 10-years, but the sentence would be informed by the Federal Sentencing Guidelines.
The United States Bureau of Alcohol, Tobacco, Firearms, and Explosives lead the investigation, in coordination with the South Burlington, Vermont, and Springfield, Massachusetts Police Departments.
Michael P. Drescher is the Assistant United States Attorney. Yee is represented by the Office of the Federal Public Defender.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
Edmund Thornton Pleads Not Guilty to Failing to Register as a Sex OffenderRead the Press Release
The United States Attorney for the District of Vermont announced that Edmund Thornton, 65, who until recently lived in East Calais, pleaded not guilty today in United States District Court in Burlington to a charge that he failed to register as a sex offender after moving to Vermont. U.S. Magistrate Judge Kevin Doyle ordered that Thornton be detained pending trial, which has not been scheduled.
According to court records, on October 27, 2022, a federal grand jury in Vermont returned a one count indictment alleging that Thornton violated the Sex Offender Registration And Notification Act (SORNA). Thornton was arrested in Pennsylvania on the charge on October 31 and has been held pending his transfer to Vermont.
Records indicate that in 1999, Thornton pleaded guilty in Pennsylvania to charges that included attempted deviate sexual intercourse with a ten-year-old girl. Thornton served several years in prison. Under Pennsylvania law, Thornton was required to register in that state as a convicted sex offender upon his release from custody. The federal Sex Offender Registration And Notification Act also required Thornton to promptly register with authorities in any state to which he moves. According to the indictment, Thornton moved to Vermont in about June 2020 but failed to register with authorities here, as required by SORNA.
The United States Attorney emphasizes that the charge in the indictment is merely an accusation and that Thornton is presumed innocent unless and until he is proven guilty.
If convicted, Thornton faces up to ten years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.
This case was investigated by the United States Marshals Service.
Thornton is represented by the Office of the Federal Defender. The prosecutor is Assistant U.S. Attorney Gregory Waples.
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 Child Exploitation Obscenity Section, Criminal Division (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 www.justice.gov/psc
Brooklyn, New York Man Sentenced to 36 Months’ Imprisonment for Fentanyl Distribution in Rutland AreaRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Olayinka Babatunde (a.k.a. “Tom”), 23, of Brooklyn, New York, was sentenced by U.S. District Court Judge William K. Sessions III to 36 months of imprisonment to be followed by a three-year term of supervised release after previously pleading guilty to fentanyl distribution.
According to court records, on January 29, 2020, law enforcement executed a search warrant at 8 Sheldon Place in Rutland, Vermont. Court records show that Babatunde and Quadeim Mack, also from Brooklyn, used this residence as a base station to distribute drugs in the Rutland area. In an upstairs bedroom, law enforcement seized 9 grams of fentanyl, 57 grams of cocaine base, and 50 grams of cocaine. Law enforcement also seized a loaded .22 caliber revolver and $13,050 of drug proceeds. Judge Sessions previously sentenced Mack to 48 months’ imprisonment for possession with intent to distribute fentanyl, cocaine base, and cocaine.
In the plea agreement, the government and Babatunde agreed to a term of imprisonment of 36 months and that the federal sentence be served concurrently to the defendant’s state sentence in New York for attempted murder (2nd degree), a charge to which Babatunde previously pleaded guilty and agreed to an eight-year sentence.
U.S. Attorney Nikolas Kerest commended the investigative efforts of the Vermont State Police Drug Task Force, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the Rutland City Police Department.
This case was prosecuted by Assistant U.S. Attorney Joseph Perella. Babatunde was represented by Richard Goldsborough, Esq. of South Burlington, Vermont.
Babatunde’s prosecution was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.Detroit Man Sentenced for Distributing Heroin, Fentanyl, and Cocaine BaseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on November 21, 2022, Deamontae Luchie, 29, of Detroit, Michigan, was sentenced by U.S. District Judge Christina Reiss to 31 months’ imprisonment and a 3-year term of supervised release for distributing heroin, fentanyl, and cocaine base between December 2019 and January 2020.
According to court records, in December 2019 and January 2020, investigators with the Burlington Police Department conducted three controlled purchases of narcotics from Luchie.
On December 24, 2019, in the vicinity of North Champlain Street in Burlington, Vermont, Luchie sold fentanyl and heroin as well as cocaine base to a confidential source, who was cooperating with law enforcement. On January 6, 2020, in the vicinity of Champlain Street in Burlington, Vermont, Luchie sold heroin and fentanyl to a confidential source. And on January 8, 2020, in the vicinity of Summit Street in Essex, Vermont, Luchie sold heroin and fentanyl to a confidential source. Following his arrest on January 15, 2020, Luchie admitting to travelling from Detroit, Michigan to Burlington, Vermont to sell narcotics in the Burlington, Vermont area.
United States Attorney Nikolas P. Kerest commended the efforts of the Burlington Police Department as well as the Drug Enforcement Administration, Burlington Resident Office, in the investigation and prosecution of Luchie.
This case was prosecuted by Assistant U.S. Attorney Andrew C. Gilman. Luchie was represented by Mohammed A. Nasser, Esq., Jeremy D. Bowie, Esq., and Mark D. Oettinger, Esq.
This effort is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/ocdetf
Burlington Man Charged for Selling Drugs in City Hall ParkRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on November 17, 2022, a federal grand jury returned a four-count indictment against Kenneth Jackson, 68, of Burlington, Vermont, which charged him with distribution of fentanyl, possession with intent to distribute fentanyl and cocaine, and being a previously convicted felon in possession of a firearm. Jackson was previously charged via criminal complaint and has been ordered detained pending trial. Jackson will be arraigned on the indictment on November 28, 2022, before U.S. Magistrate Judge Kevin J. Doyle.
According to court records and proceedings, on October 21, 2022, Jackson sold a quantity of fentanyl to a confidential source (CS) working for law enforcement. At the time Jackson sold the CS the drugs, he was working out of his car while parked at City Hall Park in Burlington. On October 28, 2022, Jackson sold fentanyl to the CS a second time, also while at City Hall Park. On November 10, 2022, law enforcement arrested Jackson. During a search of his person incident to arrest, law enforcement found approximately $2,000 in cash. During a search of his car, law enforcement found approximately $5,500 in cash, and distribution quantities of fentanyl, cocaine, and crack cocaine in various containers. Law enforcement also executed a search warrant at Jackson’s residence on November 10, 2022. During that search additional quantities of fentanyl and cocaine were found, as well as a loaded Rossi .357 Magnum revolver. Jackson, who was convicted of conspiracy to distribute cocaine in 1999 and convicted for being a felon in possession of a firearm and possession with intent to distribute cocaine in 2009, is legally prohibited from possessing a firearm.
U.S. Attorney Nikolas P. Kerest emphasized that the defendant is presumed innocent until and unless proven guilty. If convicted, Jackson’s sentence will be determined with reference to the advisory United States Sentencing Guidelines and the impact, if any, of any mandatory minimum prison terms applicable to any count of conviction.
U.S. Attorney Kerest commended the efforts of the Drug Enforcement Administration, the Burlington Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Barbara A. Masterson is handling the prosecution of Jackson. Jackson is represented by the Office of the Federal Public Defender.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
POSTPONED – Hate-Free Vermont Forum in St. Albans Co-Hosted by U.S. Attorney, Vermont Attorney General, and Rutland Area NAACPRead the Press Release
UPDATE: The Hate-Free Vermont Forum scheduled for tonight, 11/17, from 5:30-7:30PM has been postponed. The Forum to be held in St. Albans will be rescheduled for a later date, and the details of the event will be announced by press release. Apologies for any inconvenience this may cause.
Ten Individuals Charged in Northeast Kingdom Drug ConspiracyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that a federal grand jury returned an indictment yesterday charging ten individuals with conspiring to distribute fentanyl and cocaine base between February 2022 and August 5, 2022. The indictment includes nine additional counts alleging distributions or intended distributions of fentanyl by specific individuals among the defendants. The lead defendant, Juan Carlos Ortiz (also known as “JC,” age 28, of Springfield, Massachusetts), is already in federal custody following his arrest on a prior federal drug case on August 5, 2022. The other defendants—Clair Deslandes (64, Island Pond), Jeremy Allin (also known as “OG,” 51, Lunenburg), Hayley McDonald (25, Derby), Margaret Radford (53, Newport Center), Mary Rhodes (45, North Troy), Loretta Poquette (47, Norton), Ronald Braun (43, Lowell), Jessica Ward (44, Lowell), and Angela Birk (41, Newport)—will appear before the United States District Court for arraignment following their arrests in the case.
The United States Attorney emphasizes that the charges in the indictment are accusations only and that each defendant is presumed innocent unless and until proven guilty. If convicted of the charged offenses, the defendants would each face a maximum sentence of 20 years’ imprisonment and up to a $1 million fine. Any actual sentence for each defendant, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines and the United States Code.
The charges in the indictment follow an investigation conducted by multiple state and federal agencies that was led by the Northern Vermont Drug Task Force (NVDTF) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). NVDTF and ATF were assisted in this investigation by the detectives and troopers from the Vermont State Police; members of the Orleans County Sheriff’s Department, the Essex County Sheriff’s Department, the Newport Police Department, and the Orleans Police Department; troopers from the Massachusetts State Police; agents and task force officers with the Federal Bureau of Investigation and Homeland Security Investigations; and aviators with the Air & Marine Operations component of United States Customs & Border Protection. United States Attorney Nikolas P. Kerest commended the collaboration of federal and state law enforcement agencies during the investigation.
The United States is represented in this matter by Assistant U.S. Attorney Matthew Lasher. Juan Carlos Ortiz is represented by Richard Bothfeld, Esq. Attorney information for the other defendants is not yet available.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
Connecticut Man Sentenced to 84 Months of Imprisonment for Drug Distribution from Rutland ApartmentRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Brownswell Cedano (a.k.a. “Twin,” “T,” and “J”), 28, of Hartford, Connecticut was sentenced to 84 months of imprisonment on November 10, 2022 in United States District Court in Rutland by Chief Judge Geoffrey W. Crawford. Cedano previously pleaded guilty to possession with intent to distribute cocaine base. Judge Crawford also ordered that Cedano serve three years of supervised release by the U.S. Probation Office after he serves his term of imprisonment.
Cedano’s three codefendants, Ralph Mariani, of West Hartford, Connecticut, Rashane Wedderburn, of Hartford, Connecticut, and Jasmine Wendell, of West Rutland, Vermont, have all pleaded guilty to drug trafficking offenses. Chief Judge Crawford previously sentenced Mariani to 70 months’ imprisonment. Wedderburn and Wendell are awaiting sentencing.
According to court records, on November 18, 2020 law enforcement executed a federal search warrant for an apartment at Traverse Place in Rutland, Vermont. Cedano, Mariani, Wedderburn, and Wendell were all present at the time of this search. Law enforcement seized approximately 50 grams of powder cocaine, 34 grams of cocaine base, 69 bags of fentanyl, 52 Oxycodone pills, and four firearms, including a loaded 9mm pistol located on the living room couch. Law enforcement also seized over six thousand dollars in cash: $1,880 from Cedano, $2,380 from Mariani, and $2,134 from Wedderburn.
According to court records, Cedano’s offense involved drug trafficking for profit, possession of firearms, violence, and threats of violence, including his participation of an assault of a female drug addict by Mariani to coerce her into dealing drugs for them in the Rutland area. In addition, Cedano was also trafficking heroin and cocaine base in Orleans County, Vermont. Finally, Cedano was on probation for a Connecticut drug offense while he was traveling to Vermont to sell drugs.
United States Attorney Nikolas Kerest commended the joint efforts of the Vermont State Police (Narcotics Investigation Unit), the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Rutland City Police, and Homeland Security Investigations of the Department of Homeland Security in this investigation. This case was prosecuted by Assistant U.S. Attorney Joseph Perella. Cedano is represented by Allan Sullivan, Esq. of Manchester, Vermont.
Colombian National Living in Illinois Charged with Unlawful Transportation of Foreign Nationals in VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Sebastian Buitrago-Valero, 23, of Chicago, Illinois, was indicted by a federal grand jury on November 10, 2022 on a charge of unlawfully transporting individuals he knew to have entered the United States illegally. Buitrago-Valero was arraigned on that charge this afternoon in United States District Court in Burlington, and he entered a plea of not guilty. The defendant remains detained pending further proceedings pursuant to a prior detention order issued by U.S. Magistrate Judge Kevin J. Doyle.
According to public documents in the case, on the evening of October 27, 2022, Border Patrol Agents were notified by the Royal Canadian Mounted Police that two individuals had just entered the United States near Ballard Road—a remote and rural location in the town of Highgate Center, Vermont. A United States Border Patrol Agent responded to the area and observed a blue Hyundai sedan with an out-of-state registration stop at the intersection of Ballard Road and Rollo Road, approximately one-half mile south of the international border. The agent then observed two individuals emerge from a ditch near the intersection and enter the sedan. The agent stopped the vehicle and identified its driver as Sebastian Buitrago-Valero. The agent determined that Buitrago-Valero was a Colombian citizen who had been arrested upon illegally entering the United States in November 2021, but he was thereafter released into the United States pending immigration court proceedings. The agent identified the two passengers in the vehicle and determined both were Colombian citizens who had just entered the United States illegally from Canada. Agents later determined that both passengers had also illegally entered the United States and been arrested earlier in 2022.
The U.S. Attorney’s Office emphasizes that an indictment is an accusation only and that the defendant is presumed innocent until and unless proven guilty. As currently charged, Buitrago-Valero would face up to 5 years of imprisonment if convicted. Any sentence in the case will be advised by the United States Sentencing Guidelines.
Assistant U.S. Attorney Matthew Lasher represents the United States in this case. Buitrago-Valero is represented by Assistant Federal Public Defender Mary Nerino.
U.S. Attorney, Vermont Attorney General, and Rutland Area NAACP to Co-Host Hate-Free Vermont Forum in St. AlbansRead the Press Release
The United States Attorney’s Office, the Vermont Attorney General’s Office, and the Rutland Area NAACP will be co-hosting a Hate-Free Vermont Forum in St. Albans on November 17, 2022, from 5:30pm to 7:30pm. This forum will be the third held in an ongoing series; previous 2022 Hate-Free Vermont Forums have taken place in Rutland and Bennington.
“The Forum aims to bring policymakers, stakeholders, and community members together for productive and difficult conversations that will work to reduce animus, discord, and misunderstandings,” said co-facilitator Etan Nasreddin-Longo. “When we began these conversations in 2019, our goal was to take the pulse of Vermonters’ experience of discrimination. Much has happened since that time, and our hope is to engage and to listen to our historically-disadvantaged communities about what they view as the continuing and new problems in 2022.”
Community members are encouraged to join us for a conversation on understanding and addressing bias, discrimination, and hate crimes in Vermont.
When: Thursday, November 17, 2022, 5:30pm-7:30pm
Where: The Forum will be hosted in person and remotely.- Physical location: Community College of Vermont - St. Albans, 97 North Main Street, Suite 200, St. Albans, VT 05478
- Remote registration link: bit.ly/HateFreeStAlbans
- In-person registration link (optional): https://forms.gle/ofP9yx5vpmN2dbqT7
Who: All are welcome.
For physical attendance, masks are requested. Registration is required for remote attendance.
Armed Drug Trafficker Sentenced to 30 Months in Prison for Illegally Possessing a FirearmRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Joel Ivan Caquias Aviles, 22, of Lebanon, Pennsylvania, was sentenced today to serve 30 months of imprisonment for unlawfully possessing a firearm as a convicted felon. Chief United States District Judge Geoffrey W. Crawford also ordered Aviles to serve a three-year term of supervised release after his incarceration.
According to court records, Aviles was arrested on March 23, 2022 during the execution of search warrants at the Highlander Motel in Rutland, Vermont. Aviles was located in Room 15 of the Motel. A search of that room resulted in the seizure of approximately 37 grams of cocaine base, 168 bags of fentanyl, over $5,000 in cash, and a Glock 9mm handgun. A Burlington Police Department identification technician examined the Glock handgun, and located Aviles’ fingerprints on the firearm. In 2019, Aviles was convicted of two felonies related to violations of the Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act. Those prior felony convictions prohibited Aviles from possessing a firearm.
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Rutland City Police Department, the Department of Homeland Security’s Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the Federal Bureau of Investigation, the Vermont State Police, the Bennington Police Department, the Weathersfield Police Department, the Rutland County Sheriff’s Department, the Ludlow Police Department, the Rutland Town Police Department, the Vermont Department of Corrections, and the Burlington Police Department.
The prosecutor was Assistant United States Attorney Jonathan Ophardt. Aviles was represented by Devin McLaughlin, Esq.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
Allahjuan Calhoun Pleads Guilty to Failure to Appear, Admits to Violating Supervised ReleaseRead the Press Release
The United States Attorney for the District of Vermont announced that Allahjuan Calhoun, 32, of Yonkers, New York, pleaded guilty today in United States District Court in Burlington to a charge of failure to appear. District Judge Christina Reiss ordered that Calhoun be detained pending his sentencing next March 21. At today’s hearing, Calhoun also admitted that he violated conditions of his federal supervised release on a related case. Based on that admission, Judge Reiss sentenced Calhoun to six months of imprisonment. Calhoun has already served about five and one-half months since his arrest on a bench warrant last summer.
According to court records, in 2020, Calhoun pleaded guilty in Vermont to being a felon in possession of a firearm. Judge Reiss sentenced Calhoun to 26 months of imprisonment, to be followed by a two-year period of supervised release. Calhoun completed his prison term in 2021. Soon after, the U.S. Probation Office filed a petition to revoke Calhoun’s supervised release because, among other things, he repeatedly smoked marijuana in violation of his conditions.
The court scheduled a final hearing on the motion to revoke Calhoun’s supervised release for March 22, 2022 in Burlington. Although he was aware of the court date, Calhoun failed to appear as required and the court issued a bench warrant for his arrest. Calhoun was arrested on the warrant in late June. On October 27, a grand jury returned a one-count indictment charging Calhoun with failure to appear. Calhoun pleaded guilty to that charge at today’s arraignment.
Calhoun faces up to five years of imprisonment and a fine of up to $250,000. The actual sentence will be determined with reference to federal sentencing guidelines. By law, any sentence on the failure to appear charge must run consecutively to Calhoun’s supervised release violation sentence.
Calhoun is represented by Assistant Federal Defender Mary Nerino. The prosecutor is Assistant U.S. Attorney Gregory Waples.
West Haven, Vermont Man Sentenced for Unlawful Possession of a FirearmRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that Michael Brillon, 59, of West Haven, Vermont was sentenced to 21 months of imprisonment for unlawfully possessing a firearm as a convicted felon. Chief United States District Judge Geoffrey W. Crawford also ordered Brillon to serve a 2-year term of supervised release after his incarceration.
According to court records, a collaborative stolen property investigation of the Winhall, Wilmington, Fair Haven, and Bennington Police Departments and the Vermont State Police resulted in the execution of a search warrant at Brillon’s property in West Haven on January 6, 2022. During the investigation, local law enforcement had learned that Brillon was alleged to possess firearms and had been making threatening statements. Agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Department of Homeland Security’s Homeland Security Investigations assisted in the search, which resulted in the seizure of a SAR Arms 9mm semi-automatic pistol, two rifles, and a large quantity of marijuana consistent with an intent to distribute. Brillon has a long criminal history including felony convictions for sexual assault on a minor and aggravated domestic assault. Those convictions prohibit Brillon from possessing firearms under federal law.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Winhall, Wilmington, Fair Haven, and Bennington Police Departments and the Vermont State Police, and the assistance of the Department of Homeland Security’s Homeland Security Investigations.
The prosecutor was Assistant United States Attorney Jonathan Ophardt. Brillon was represented by Richard Bothfeld, Esq.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
White River Junction Man Sentenced for Stealing Social Security Benefit PaymentsRead the Press Release
The United States Attorney for the District of Vermont announced that John O’Hara, Jr., 43, of White River Junction, Vermont, was sentenced today in United States District Court in Burlington to three years of probation following his guilty plea to a charge that he fraudulently converted tens of thousands of dollars in Social Security benefit payments. U.S. District Judge Christina Reiss ordered O’Hara to pay restitution to the Social Security Administration in the amount of $51,346.
On June 10, 2022, the U.S. Attorney filed a one-count information charging O’Hara with receiving stolen Government money. O’Hara pleaded guilty to that charge in July. According to court records, O’Hara’s father, John O’Hara, Sr., received monthly Social Security benefit payments that were deposited into O’Hara Sr.’s bank account in Florida. O’Hara Sr. died in February 2018, at which time his SSA benefits should have terminated. O’Hara Jr. never notified SSA of his father’s death and SSA continued to make benefit payments to O’Hara Sr.’s account until October 2020. O’Hara Jr. fraudulently converted those unauthorized payments to his own use by transferring the funds to an account he controlled in North Carolina, and then accessing those funds from Vermont for personal purposes. The total loss to the Social Security Administration was $51,346.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the SSA’s Office of Inspector General.O’Hara Jr. is represented by David Silver, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Pittsford Man Sentenced for Trafficking Fentanyl, Cocaine, and Cocaine BaseRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that Scott Chandler, 47, of Pittsford, Vermont, was sentenced today to serve one year and one day of imprisonment for possessing with intent to distribute fentanyl, cocaine, and cocaine base. United States District Judge Geoffrey W. Crawford also ordered Chandler to serve a three-year term of supervised release after his incarceration.
According to court records, Chandler was first suspected of drug distribution activity in the spring of 2020. On May 24, 2020, Chandler was stopped by a Vermont State Trooper while he was driving his truck north from Massachusetts into Vermont on I-91. After a canine alerted to Chandler’s truck, the truck was seized pending a state search warrant. While the truck was impounded, Chandler was detected surveilling the impound lot at the Vermont State Police barracks, and suspected of plotting to enter the lot to access the seized truck. VSP Troopers attempted to approach Chandler, resulting in Chandler fleeing the area on a motorcycle at a high rate of speed. Chandler crashed the motorcycle and was apprehended. A search of Chandler’s truck resulted in the seizure of approximately 600 bags of fentanyl, approximately 13 grams of cocaine, and approximately 1 gram of cocaine base.
Chandler participated in the Rutland Federal Drug Court from June of 2021 until June of 2022 but did not successfully complete the program. Chandler was dismissed from the Rutland Federal Drug Court after his arrest for Grand Larceny in Bennington County, Vermont. The Grand Larceny case remains pending in Vermont Superior Court.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Vermont State Police and the Federal Bureau of Investigation.
The prosecutor was Assistant United States Attorney Jonathan Ophardt. Chandler was represented by Natasha Sen, Esq.
Rutland Man with Prior Felony Conviction Charged with Possessing Stolen FirearmRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Nicholas Karov, 38, of Rutland, Vermont was charged yesterday by criminal complaint for unlawfully possessing a stolen firearm and possessing a firearm as a convicted felon. Karov was arrested yesterday after he was released on conditions following an appearance in Vermont Superior Court on related Grand Larceny charges. Karov is scheduled to appear before United States Magistrate Judge Kevin J. Doyle on Wednesday, November 2, 2022.
According to court records, on October 28, 2022, Karov was observed standing on the driver’s side running board of the theft victim’s Ford F-250 truck. When the victim yelled at Karov, Karov fled. The victim chased and apprehended Karov, and found Karov to be in possession of the victim’s CMMG Banshee .45 caliber pistol. Karov has multiple prior felony convictions and is therefore prohibited from possessing firearms under federal law. Court records indicate that at the time of his October 28, 2022 arrest, Karov had approximately 26 pending charges in Vermont Superior Court, with numerous arrests over the past two years.
The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Karov remains presumed innocent until and unless he is convicted of a crime. Karov faces a maximum sentence of 15 years of imprisonment for unlawfully possessing a firearm as a convicted felon, and a maximum sentence of 10 years of imprisonment for unlawfully possessing a stolen firearm.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Rutland City Police Department and Homeland Security Investigations.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Karov is represented by the Office of the Federal Public Defender.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
Pharmacy Manager Sentenced to Probation for Obtaining Opiates by FraudRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Brian Thomas Badgley, 37, of Waterbury, Vermont was sentenced today by United States District Judge Christina Reiss to three years of probation after his conviction for obtaining controlled substances by fraud in violation of 21 U.S.C. § 843(a)(3).
According to court records and proceedings, while employed as a pharmacy manager of the CVS located in Berlin, Vermont, Badgley tampered with a bottle of Hydromorphone oral solution by removing a quantity for his own use, and then diluting the remaining contents of the bottle with liquid Benadryl and distilled water. Badgley then reattached the tamper seal on the bottle with clear tape and returned the diluted Hydromorphone oral solution to the inventory of the pharmacy, from which it could have been administered to pharmacy patients. Badgley also obtained Hydromorphone tablets and Hydromorphone solution through misrepresentations and fraud, specifically by entering false entries into the pharmacy ordering system, entering false pill counts into the inventory system, and diluting the oral solution.
According to court records and the public records of various state boards of pharmacy, Badgley stole hydromorphone tablets in 2015 as an employee of a pharmacy in Texas, and stole hydromorphone tablets in 2016 from a Vermont hospital at which he had been previously employed. These prior instances resulted in the State of Vermont’s Board of Pharmacy placing strict conditions on his license to practice pharmacy. Badgley’s license was fully reinstated in 2020, and then suspended on September 24, 2021 when the Board became aware of the new allegations of tampering and obtaining controlled substances by fraud.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the U.S. Food & Drug Administration’s Office of Criminal Investigations, the Drug Enforcement Administration, the Vermont Secretary of State’s Office of Professional Regulation, and the Berlin Police Department.
Badgley was represented by Robert Sussman, Esq. Assistant U.S. Attorney Jonathan A. Ophardt represented the United States.
Modernizing Medicine Agrees to Pay $45 Million to Resolve Allegations of Accepting and Paying Illegal Kickbacks and Caused False ClaimsRead the Press Release
Modernizing Medicine, Inc. (“ModMed”), an electronic health record (“EHR”) technology vendor located in Boca Raton, Florida, has agreed to pay $45 million to resolve allegations that it violated the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, by accepting and providing unlawful remuneration in exchange for referrals and causing its users to report inaccurate information in connection with claims for federal incentive payments.
The Anti-Kickback Statute prohibits anyone from offering or paying, directly or indirectly, any remuneration — which includes money or any other thing of value — to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded programs. In a complaint filed in conjunction with today’s settlement, the United States alleged that ModMed violated the FCA and the Anti-Kickback Statute through three marketing programs: First, ModMed solicited and received kickbacks from Miraca Life Sciences, Inc. in exchange for recommending and arranging for ModMed’s users to utilize Miraca’s pathology lab services. Second, ModMed conspired with Miraca to improperly donate ModMed’s EHR to health care providers in an effort to increase lab orders to Miraca and simultaneously add customers to ModMed’s user base. Third, ModMed paid kickbacks to its current healthcare provider customers and to other influential sources in the healthcare industry to recommend ModMed’s EHR and refer potential customers to ModMed.
As a result of this conduct, the government alleges that ModMed improperly generated sales for itself and for Miraca, while causing healthcare providers to submit false claims for reimbursement to the federal government for pathology services, and for incentive payments from the Department of Health and Human Services (HHS) for the adoption and “meaningful use” of ModMed’s EHR technology.
In January 2019, Miraca (now known as Inform Diagnostics) agreed to pay $63.5 million to resolve allegations that it violated the Anti-Kickback Statute and the Stark Law by providing to referring physicians subsidies for EHR systems and free or discounted technology consulting services. 2019 Press Release.
Additionally, under HHS’ EHR Incentive Programs, HHS offered incentive payments to healthcare providers that adopted certified EHR technology and met certain requirements relating to their “meaningful use” of that technology. Eligibility for incentive payments required healthcare providers to use certified EHR technology that, among other things, utilized certain standard vocabularies for drugs (RxNorm) and clinical terminology (SNOMED CT) in order to conduct certain transactions. The government’s complaint in intervention alleges that ModMed knew that its EHR did not always allow physician users to electronically record medical records using the required standard vocabularies, thereby causing certain of its users to submit false claims for incentive payments under that program.
“Electronic health records serve a critical role in informing physician decision making, and it is therefore essential that healthcare providers select such technology free from the influence of improper financial inducements,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “Vendors of electronic health records will be held to the same standards of compliance that we expect of everyone who impacts the delivery of health care services.”
“Today’s settlement marks the fourth resolution that our office has achieved as we seek to root out fraud in the electronic health record technology field,” said United States Attorney for the District of Vermont, Nikolas P. Kerest. “It is imperative that medical providers be able to trust the health record systems with which they document important and sensitive patient information, and for too long electronic health record vendors have prioritized only sales. The government alleges that for years, ModMed, through a variety of schemes, engaged in illegal kickbacks that distorted both the EMR and pathology lab markets, in addition to providing its users with a deficient product. This resolution reflects the seriousness of the government’s allegations and the determination of the Department of Justice to restore integrity to the electronic health record field.”
The settlement with ModMed resolves, in part, allegations in a lawsuit filed in the District of Vermont by Amanda Long, a former Vice President of Product Management at ModMed. The lawsuit was filed under the qui tam, or whistleblower, provisions of the FCA, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The qui tam case is captioned United States ex rel. Long v. Modernizing Med., Inc., No. 2:17-cv-179 (D. Vt.). The Act allows the government to intervene and take over the action, as it did in this case. As part of today’s resolution, Ms. Long will receive approximately $9 million.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the United States Attorney’s Office for the District of Vermont. Investigative support and assistance were provided by the Federal Bureau of Investigation and the Department of Health and Human Services, Office of Counsel to the Inspector General.
The investigation and pursuit of this matter illustrate the government’s emphasis on combating healthcare fraud, including in the healthcare technology arena. One of the most powerful tools in this effort is the FCA. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
This matter was handled by Assistant U.S. Attorney Lauren Almquist Lively and former Assistant U.S. Attorney Owen C.J. Foster of the United States Attorney’s Office for the District of Vermont and Trial Attorneys Kelley Hauser and Sarah Hill of the Civil Division’s Commercial Litigation Branch, Fraud Section.
ModMed Complaint ModMed Settlement Agreement
The claims in the Relator’s and the government’s complaints are allegations only and there has been no determination of liability.Walden, VT Man Charged with Fentanyl Offense After High-Speed ChaseRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Antonio Vergara, 29, of Walden, VT, was charged by criminal complaint with possession with intent to distribute 40 grams or more of fentanyl. Vergara was arrested on October 26, 2022, and made his initial appearance before United States Magistrate Judge Kevin J. Doyle on October 28, 2022. Vergara was ordered detained pending trial.
According to court records, police in Massachusetts attempted to stop Vergara as he was driving on Interstate 91. Vergara fled at speeds of over 120 miles per hour and was ultimately apprehended approximately 130 miles away, in Newbury, VT. Police discovered 5,500 bags of fentanyl in the car Vergara was driving, and later discovered an additional 5,000 bags of fentanyl in the median near the location where Vergara was stopped. In total, the fentanyl seized by law enforcement weighed more than 200 grams.
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Federal Bureau of Investigation and the Vermont State Police.
Major Dan Trudeau of the Vermont State Police stated, “This case is a great example of how State, Federal, and Local law enforcement is working together to combat the influx of dangerous drugs, and associated violence, from coming into Vermont. We will continue to deploy our resources to intercept and mitigate drug trafficking organizations from continuing to prey on Vermonters.”
A criminal complaint is merely an accusation and Vergara is presumed innocent unless and until proven guilty. If convicted of the charged offense, Vergara faces up to 40 years of imprisonment, with a five-year mandatory minimum term of imprisonment, a $5,000,000 fine, and a mandatory three years of supervised release.
The Assistant United States Attorney handling the prosecution is Nate Burris. Vergara is represented by the Office of the Federal Public Defender and Evan Barquist, Esq.
Three Arrested for Drug Trafficking Following Rutland SearchRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that Maurice Pompey, 34, of Columbia, South Carolina, Christopher Moton, 29, of Columbia, South Carolina, and Danielle Richardson, 30, of Rutland, Vermont, were arrested on October 27, 2022 following the execution of a federal search warrant at 116 State Street, Apartment #4, in Rutland Vermont. All three defendants were charged with violating the Controlled Substances Act. Defendant Richardson appeared before United States Magistrate Judge Kevin J. Doyle on October 28, 2022, and was released on conditions pending trial. Defendants Pompey and Moton appeared this afternoon before Judge Doyle for their initial appearances. Moton was detained pending trial, and the Court will hold a hearing to address the government’s motion for the detention of Pompey on November 3.
According to court records, law enforcement conducted multiple covert purchases of controlled substances from Pompey and Richardson between August and October of 2022. Both defendants were linked to 116 State Street, Apartment #4, in Rutland, Vermont. On October 24, 2022, a federal search warrant was obtained authorizing the search of the apartment. The search resulted in the seizure of two handguns and suspected cocaine base, heroin, and fentanyl. Richardson was arrested during a traffic stop and found in possession of suspected cocaine base at the time of her arrest.
The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that all three defendants are presumed innocent until and unless convicted of a crime.
United States Attorney Nikolas P. Kerest commended the coordinated investigatory efforts of the Rutland Police Department, Homeland Security Investigations, the Drug Enforcement Administration, the Southern Vermont Drug Task Force, the Vermont State Police, and the Manchester Police Department.
The prosecutors are Assistant United States Attorneys Zachary Stendig and Jonathan Ophardt. Pompey is represented by Richard Bothfeld, Esq. Moton is represented by Kevin Henry, Esq. Richardson is represented by the Office of the Federal Public Defender.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
Barton Residence Searched and Woman Arrested on Federal Drug ChargesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Vermont resident Erika Desormeaux, 36, was arrested and held in federal custody following the search of her residence on Maple Hill Road in Barton, Vermont this morning. Desormeaux is charged in a criminal complaint alleging she conspired with two other individuals, Nathaniel Jamal “JJ” Jones and Jermaine R. “Bear” Douchette, to distribute and possess with intent to distribute controlled substances, including cocaine and fentanyl, between August 28, 2022 and today. Jones and Douchette—both formerly of Springfield, Massachusetts—were not located during the search of the Barton residence, and warrants remain active for their arrest in this case. Desormeaux is scheduled to make her initial appearance before United States Magistrate Judge Kevin J. Doyle in the Burlington federal courthouse tomorrow.
According to an affidavit filed with the criminal complaint, Desormeaux distributed controlled substances from her Barton residence and allowed other individuals to do the same—including Jones and Douchette, whom she regularly hosted at the residence. Investigators arranged the purchase of cocaine and fentanyl from the defendants on multiple occasions between August and October 2022, and most of those transactions occurred at Desormeaux’s residence. As alleged in the affidavit, witnesses described the conspirators’ possession and acquisition of firearms during the investigation, and Desormeaux herself purchased a firearm in June 2022 that she traded for fentanyl.
The charges in the criminal complaint against Desormeaux, Jones, and Douchette are accusations only, and they are each presumed innocent until and unless proven guilty in further proceedings. If convicted of the crime of conspiring to distribute and possess with intent to distribute cocaine and fentanyl, each defendant would face a maximum possible penalty of 20 years in prison and a fine of up to $1,000,000. The actual sentences, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Northern Vermont Drug Task Force (NVDTF) and thanked the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) for planning and executing this morning’s search. NVDTF and ATF also collaborated with and received support from the Orleans County Sheriff’s Department, the Vermont State Police, the Federal Bureau of Investigation, U.S. Customs and Border Protection’s Air and Marine Operations, the Newport Police Department (NPD), and Homeland Security Investigations.
“This case involves not only the distribution of deadly substances but also the acquisition and transfer of firearms to the drug distributors,” said U.S. Attorney Nikolas Kerest. “Our community is too familiar with the drug-fueled violence that has made its way into our cities and into smaller towns throughout Vermont. We will continue to investigate and charge the individuals who host drug dealers in their homes and straw purchase firearms for them.”
Orleans Sheriff Jennifer Harlow commented on the property and violent crime resulting from drug trafficking in Orleans County. “The Orleans County Sheriff’s Department is committed to working with our state and federal partners to combat drug and firearms trafficking,” she said. “Drug addiction and the often-violent drug dealers taking advantage of our community have a perilous impact on all of us. It is important for us to collaborate to fight dangerous drugs and to keep firearms out of the hands of those who would do harm with them.”
“We know that violence and drug trafficking are frequently associated with each other,” said Paul Massock, Acting Special Agent in Charge of the ATF Boston Field Division. “By working with our local, state, and federal partners in operations like the one today, ATF is one step closer toward reversing the devastating trends of overdoses and drug-related violence threatening Vermont. ATF will continue to work diligently alongside our law enforcement partners to ensure that our communities are safe from drug and firearm trafficking, and the violent crime that often goes along with it.”
The United States is represented in this matter by Assistant U.S. Attorney Matthew J. Lasher. Natasha Sen, Esq. has been appointed to represent Desormeaux for her initial appearance. Counsel will be selected by or appointed for Jones and Douchette upon their arrests and initial appearances.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
U.S Attorney’s Office for the District of Vermont Statement Relating to the November 2022 General ElectionRead the Press Release
UPDATE
The Press Release was updated in the fifth paragraph to reflect the correct phone number to reach the U.S. Attorney's Office.
United States Attorney Nikolas P. Kerest announced today that Assistant United States Attorney (AUSA) Michael Drescher will lead the efforts of this Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2022, general election. AUSA Drescher has been appointed to serve as the District Election Officer (DEO) for the District of Vermont, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
U.S. Attorney Kerest stated, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election. Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
U.S. Attorney Kerest also stated that: “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. Ensuring free and fair elections depends in large part on the assistance of the American electorate. It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA Drescher will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: (802) 651-8246.”In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (518) 465-7551.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
Concord, New Hampshire Man Charged with Production of Child Sexual Abuse Materials and Interstate Enticement of a Minor ChildRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Joshua Pincoske, 47, of Concord, New Hampshire was indicted yesterday by the federal grand jury in Concord, New Hampshire. Pincoske is currently detained and pending trial in Merrimack Superior Court on related charges. Pincoske’s federal arraignment has not yet been scheduled.
According to court records, Pincoske has been charged with production of child sexual abuse materials of a minor female victim on multiple dates between March 11, 2019 and March 12, 2021. Pincoske has also been charged with using a means of interstate commerce to entice a different minor female victim in or about November 2021 and producing child sexual abuse materials of the second minor female victim on November 12, 2021. In addition, Pincoske faces charges related to the distribution, transportation, and possession of child sexual abuse materials.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Pincoske is presumed innocent until and unless convicted of a crime. Pincoske faces a mandatory minimum sentence of 15 years imprisonment, and up to 30 years of imprisonment, for the production of child sexual abuse images; a mandatory minimum sentence of 10 years imprisonment, and up to life imprisonment, for the interstate enticement of a minor; a mandatory minimum of 5 years imprisonment and up to 20 years for the distribution and transportation of child sexual abuse images; and up to 10 years of imprisonment for the possession of child sexual abuse images. The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Concord Police Department and the Farmington Police Department. He also thanked the New Hampshire Internet Crimes Against Children Task Force, the Merrimack County Child Advocacy Center, and the United States Secret Service for their vital assistance.
The United States Attorney for the District of Vermont has been appointed to handle this prosecution under the authorities conferred in 28 U.S.C. § 515. The prosecutor assigned to the matter is Jonathan A. Ophardt, an Assistant United States Attorney in the District of Vermont. Pincoske is represented by Assistant Federal Public Defender Behzad Mirhashem.
Connecticut Man Faces Federal Drug Charge After Northfield ArrestRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that Raymond Rivera, 33, of Hartford, Connecticut, was arrested last Thursday and charged on Friday by criminal complaint. Rivera was charged with possessing with intent to distribute fentanyl and cocaine on October 20, 2022. Rivera appeared before United States Magistrate Judge Kevin J. Doyle this afternoon. He was detained pending a hearing scheduled for this Thursday.
According to court records, the Northfield Police Department initiated a drug trafficking investigation aimed at a residence in Northfield. Northfield Police coordinated with the Federal Bureau of Investigation to assist with the investigation. On the morning of October 20, 2022, law enforcement executed a state search warrant at the residence. Approximately 128 grams of suspected fentanyl and approximately 230 grams of suspected cocaine were seized during the search. Rivera, who was at the residence, was arrested at the time of the search.
The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Rivera is presumed innocent until and unless convicted of a crime. If convicted of the charge in the complaint, Rivera faces a maximum possible sentence of 20 years in prison. Any sentence imposed would be informed by the United States Sentencing Guidelines.
United States Attorney Nikolas P. Kerest commended the coordinated investigatory efforts of the Northfield Police Department and the Federal Bureau of Investigation.
The prosecutor is Assistant United States Attorney Paul Van de Graaf. Rivera is represented by Allan Sullivan, Esq.
Brandon Man Sentenced for Being a Felon in Possession of FirearmsRead the Press Release
The United States Attorney for the District of Vermont announced that Eric Grenier, 40, of Brandon, was sentenced today in United States District Court in Burlington following his guilty plea to a charge that he possessed firearms as a convicted felon. U.S. District Court Judge Christina Reiss sentenced Grenier to 24 months of imprisonment, to be followed by a three-year term of supervised release. Grenier has been in custody since his arrest in August 2021.
According to court records, on August 13, 2021, state and federal law enforcement authorities executed a state court search warrant at Grenier’s home in Brandon. An officer with the Brandon Police Department obtained the warrant to look for and seize a handgun which Grenier allegedly displayed during an altercation with a neighbor in July. During the search, agents seized two rifles and two pistols, as well as assorted ammunition, from Grenier’s locked bedroom. Grenier is prohibited by federal law from possessing any firearms because he has three felony convictions in Vermont for burglary and cultivating marijuana.
The case was investigated by the Brandon Police Department and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.
Grenier is represented by William Vasiliou II, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
Massachusetts Woman Charged with Unlawful Transportation of Individuals Who Entered the United States IllegallyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Patricia Ruano-Murcia, 31, of Hudson, Massachusetts, has been charged by criminal complaint for the unlawful transportation of individuals who entered the United States illegally. Ruano-Murcia is scheduled to appear before United States Magistrate Judge Kevin J. Doyle today.
According to documents in the case, on October 16, 2022, just after 1:00 am, United States Border Patrol observed people walking south, just east of the Highgate Springs Port of Entry and in close proximity to the international border with Canada. Agents investigating the suspected illegal crossings of the border encountered a Toyota RAV4 in the vicinity of Exit 22 off Interstate 89. After the first sighting of the vehicle, the RAV4 departed the area. Shortly thereafter, it returned to the same approximate location. Border Patrol subsequently stopped the RAV4, and located Ruano-Murcia, who was the driver. Three people were in the rear passenger seat of the RAV4, and three more were huddled in the rear cargo area. The six passengers in the RAV4 thereafter admitted to not being citizens of the United States and lacking immigration documents authorizing them to enter and remain in the United States.
The U.S. Attorney’s Office notes that a criminal complaint is an accusation only and that the defendant is presumed innocent until and unless proven guilty. If convicted, the defendant faces up to 5 years of imprisonment on the current charge. Any sentence in the case will be advised by the Federal Sentencing Guidelines.
U.S. Attorney Nikolas P. Kerest credited the United States Border Patrol for their investigation of Ruano-Murcia.
Assistant United States Attorney Jonathan Ophardt represents the government. Ruano-Murcia is represented by the Office of the Federal Public Defender.
Johnson Man Charged with Firearms and Drug Trafficking OffensesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that George Goins, 65, of Johnson, Vermont, made his initial appearance today in United States District Court. Appearing before U.S. Magistrate Judge Kevin J. Doyle, Goins pleaded not guilty to charges of possession of a firearm in furtherance of a drug trafficking crime, felon in possession of a firearm, and conspiracy to distribute fentanyl. Goins was detained pending further proceedings in the case.
According to court records, on June 8, 2022, Goins was arrested following an investigation into a shooting that occurred outside of Goins’ apartment complex in Johnson, Vermont on June 7, 2022.
In the early morning hours of June 7, 2022, the victim, who lived in the same apartment building as Goins, confronted Goins near his apartment. Goins took a handgun from his pocket, shot the victim in the neck, and fled. Law enforcement later obtained a warrant to search Goins’ apartment where they recovered a Smith & Wesson SD9 VE 9mm semi-automatic pistol. From a riverbank behind the Johnson apartment complex, investigators recovered a Smith & Wesson .40 caliber pistol. Based on the caliber and characteristics of the weapon, investigators believe that the gun found near the riverbank was used to shoot the victim. The victim was treated at a hospital for injuries and later released. Goins is prohibited from possessing firearms due to his criminal history.
On June 8, 2022, law enforcement located Goins outside of a hotel in South Burlington, Vermont. Law enforcement recovered fentanyl and cocaine base in Goins’ hotel room. Goins also had four bags of fentanyl on his person at the time of his arrest.
If convicted of the possession of a firearm in furtherance of a drug trafficking crime, Goins faces a maximum sentence of life imprisonment and up to a $250,000 fine. For the felon in possession of a firearm charge, Goins faces a maximum sentence of 10 years incarceration and up to a $250,000 fine. For the drug charge, Goins faces a maximum sentence of 20 years and up to a $1,000,000 fine. The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The United States Attorney emphasizes that the charges in the indictment are merely accusations, and that the defendant is presumed innocent unless and until he is proven guilty.
Goins also faces charges for Attempted Murder, Assault, Drug Trafficking, and other offenses in Vermont State Court. Those charges are being prosecuted by the Office of the State’s Attorney for Lamoille County.
This case is being investigated by the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Vermont State Police, the Lamoille County Sherriff’s Department, the Morristown Police Department, the South Burlington Police Department, and the Burlington Police Department. The United States is represented by Assistant U.S. Attorney Zachary Stendig. Goins is represented by Federal Public Defender Michael L. Desautels.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
Seven Arrested in Human Smuggling Event Near Morses LineRead the Press Release
The United States Attorney for the District of Vermont announced that seven persons were arrested near Morses Line on October 12, 2022 in connection with what is believed to be an attempt to smuggle individuals without legal status into the United States. Manuel Molina-Romero, 29, a Honduran national who has been living in Texas since 2019 while awaiting an immigration hearing, and Estefany Arreaga-Herrera, 23, a Guatemalan national who has been living in Texas since 2016 while also awaiting an immigration hearing, appeared today in United States District Court in Burlington on a charge that they transported individuals without legal status within the United States. Two of the five individuals being transported, Carlos Aguiar-Ovando, 23, a Mexican national, and Anvar Ataev, 36, a native of Uzbekistan, both of whom have no legal status in the United States, also appeared in court today on a charge that they unlawfully entered the country. United States Magistrate Judge Kevin J. Doyle ordered that all four defendants be detained pending further court proceedings. The other three individuals arrested on October 12, all without legal status in the United States, were taken into immigration custody for expedited removal from the United States.
The United States Attorney emphasizes that the charges in the criminal complaints are merely accusations, and that the defendants are presumed innocent unless and until they are proven guilty. The transportation charge is punishable by up to ten years of imprisonment and a fine of up to $250,000. The unlawful entry charge is a misdemeanor punishable by up to six months of imprisonment. The actual sentences on the felony charges would be determined with reference to United States Sentencing Guidelines.
U.S. Attorney Nikolas P. Kerest credited the agents of the United States Border Patrol for their continued efforts to prevent the exploitation of foreign nationals by human smuggling organizations.
Molina-Romero is represented by the Office of the Federal Public Defender. Arreaga-Herrera is represented by Devin McLaughlin, Esq. Aguiar-Ovando is represented by Bob Behrens, Esq., and Ataev is represented by William Kraham, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Burlington Man Charged with Firearm and Drug OffensesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated Leon Delima, 34, of South Burlington, Vermont appeared in United States District Court today on charges related to his possession of a firearm and controlled substances. According to documents filed in the case, Delima, a multi-time felon, possessed over 30 grams of cocaine and discharged a firearm in Burlington on July 2, 2022. Following a brief appearance today, Delima was detained pending further proceedings in the case.
If convicted of the charges, Delima would face maximum sentences of up to 15 years for knowing possession of a firearm after being convicted of a felony offense and up to 20 years for possessing cocaine with an intent to distribute it. Any actual sentence would be determined in consultation with the United States Sentencing Guidelines. The indictment is an accusation only, and the defendant is presumed innocent until and unless proven guilty.
The United States Attorney’s Office credited the Burlington Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Chittenden County Gun Violence Task Force for their work in investigating the case and arresting Delima.
Assistant U.S. Attorney Eugenia Cowles represents the United States. Assistant Federal Public Defender Sara Puls represented Delima at the arraignment.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
Burlington Man Arraigned on Charges of Enticing a Minor as well as the Receipt and Possession of Child Sexual Abuse MaterialRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on October 14, 2022, Deyquan Martin, 21, of Burlington, Vermont, appeared in United States District Court in Burlington for an arraignment on a three-count indictment charging him with enticement of a minor as well as the receipt and possession of child sexual abuse material. Martin had previously appeared before in United States District Court in Burlington on September 23, 2022, and after a detention hearing on September 27, 2022, Martin was released on conditions requiring home detention, location monitoring, and monitored electronics use, among other items.
According to court documents, Martin met a twelve-year old minor through an online video game and, using an online messaging platform, induced the minor to send him sexually explicit photographs and videos of herself. Martin later threatened the minor that he would publish the sexually explicit material already received unless the minor sent him additional sexually explicit photographs and videos of the minor.
On September 22, 2022, Homeland Security Investigations, with the assistance of the Burlington Police Department, Vermont’s Internet Crimes Against Children Task Force, and the New Jersey State Police, executed a search warrant at Martin’s Burlington residence. In searching Martin’s residence, law enforcement found sexually explicit photographs of the twelve-year old minor as well as child sexual abuse material of another minor on Martin’s computer. Following the search, law enforcement placed Martin under arrest.
If convicted of the charges, Martin would face maximum sentences of up to life imprisonment for enticement of a minor, up to 10 years for receipt of child sexual abuse material, and up to 10 years for possession of child sexual abuse material. Any actual sentence would be determined in consultation with the United States Sentencing Guidelines. The indictment is an accusation only, and the defendant is presumed innocent until and unless proven guilty.
The United States Attorney’s Office credited Homeland Security Investigations, Burlington Police Department, Vermont’s Internet Crimes Against Children Task Force, and the New Jersey State Police for their work and collaboration on this case.
Martin is represented by Assistant Federal Public Defender Steven L. Barth. Assistant U.S. Attorney Andrew C. Gilman represents the United States.
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 Child Exploitation Obscenity Section, Criminal Division (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 www.justice.gov/psc.
Barre Man Sentenced to 2 Years of Imprisonment for Unlawfully Possessing a FirearmRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that David Tom, 38, of Barre, Vermont, was sentenced to serve 2 years of imprisonment for unlawfully possessing a firearm as a convicted felon. United States District Court Judge William K. Sessions III also ordered Tom to serve a two-year term of supervised release after his incarceration.
According to court records, Tom was in a vehicle that was stopped by Vermont State Police on January 28, 2022, in Barre. The stop occurred because of a suspected invalid registration and an inoperable taillight. After officers observed drug paraphernalia, a K9 alerted on the vehicle. A subsequent search resulted in the seizure of a Hi Point .380 ACP semi-automatic handgun from inside Tom’s backpack. At the time of the traffic stop, Tom was subject to conditions of release in multiple pending State of Vermont criminal matters and was subject to a 24-hour curfew.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Vermont State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Montpelier Police Department. He also thanked the Washington County State’s Attorney’s Office and the Washington County Sheriff’s Office for their assistance.
The prosecutor was Assistant United States Attorney Jonathan Ophardt. Tom was represented by Mary Nerino, Esq., of the Office of the Federal Public Defender.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
Two Men Arrested in Rutland for Carrying Firearms in Relation to Drug TraffickingRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that Jose Luis Maldonado, Jr., 31, of Springfield, Massachusetts, and Edgar Correa, 34, of Springfield, Massachusetts, were arrested on Wednesday evening and charged today by criminal complaint. Both men were charged with possessing with the intent to distribute cocaine, cocaine base, and fentanyl, and carrying and using firearms during and in relation to a drug trafficking crime. Both men are scheduled to appear before United States Magistrate Judge Kevin J. Doyle tomorrow afternoon.
According to court records, law enforcement conducting surveillance on Robbins Street in Rutland, Vermont noticed a man, later identified as Maldonado, carrying a black shotgun with a pistol grip, walking with another man, later identified as Correa, toward a white Honda Civic. The two men put bags in the trunk of the Honda Civic and drove away. Rutland Police located the vehicle and conducted a traffic stop. During the traffic stop, officers learned there were four firearms in the vehicle, including the black shotgun in the trunk, a .380 caliber pistol beneath Correa’s seat, a .38 Special revolver between Correa’s seat and the center console, and a .22 caliber pistol between Maldonado’s seat and the center console. A search of the vehicle revealed two bags, containing approximately 24 grams of cocaine base, approximately 7 grams of cocaine, and over 550 bags of fentanyl. When Correa was searched incident to arrest, he was found in possession of a digital scale and a firearm magazine loaded with .380 caliber ammunition.
The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that both Maldonado and Correa are presumed innocent until and unless convicted of a crime.
United States Attorney Nikolas P. Kerest commended the coordinated investigatory efforts of the Vermont State Police Drug Task Force, the Rutland Police Department, Homeland Security Investigations, and the Federal Bureau of Investigation.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Maldonado is represented by Karen Shingler, Esq. Correa is represented by the Office of the Federal Public Defender.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
Five Arrested in Attempted Human Smuggling Event Near Morses LineRead the Press Release
The United States Attorney for the District of Vermont announced that five persons were arrested near Morses Line on October 9, 2022 in connection with what is believed to be an attempt to smuggle individuals without legal status into the United States. Angel Hernandez-Pineda, 32, a Honduran national who has no immigration status in the United States, and Jhony Cantarero-Vasquez, 29, of Worcester, MA, appeared yesterday in United States District Court in Burlington on a charge that they attempted to transport individuals without legal status within the United States. Federico Rincon-Ramirez, Leydi Rincon-Sosa, and Jairo Alberto Ortiz-Acevedo, who are all citizens of Mexico and without legal status in the United States, also appeared in court yesterday on charges that they unlawfully entered the country. U.S. Magistrate Judge Kevin Doyle released Cantarero-Vasquez on conditions; ordered that Hernandez-Pineda be detained pending a further hearing on October 14; and ordered detention of the three individuals without legal status pending trial.
The United States Attorney emphasizes that the charges in the criminal complaints are merely accusations, and that the defendants are presumed innocent unless and until they are proven guilty.
The attempted transportation charge is punishable by up to ten years of imprisonment and a fine of up to $250,000. The unlawful entry charge is a misdemeanor punishable by up to six months of imprisonment. The actual sentences would be determined with reference to federal sentencing guidelines.
U.S. Attorney Nikolas P. Kerest credited the agents of the United States Border Patrol for their continued efforts to prevent the exploitation of foreign nationals by human smuggling organizations.
Hernandez-Pineda is represented by Assistant Federal Public Defender Mary Nerino. Cantarero-Vasquez is represented by John-Claude Charbonneau, Esq. Rincon-Ramirez is represented by Chandler Matson, Esq. Rincon-Sosa is represented by Lisa Shelkrot, Esq. Ortiz-Acevedo is represented by Jordana Levine, Esq. The prosecutor in this case is Assistant U.S. Attorney Gregory Waples.
Rutland Woman Charged with Convenience Store RobberyRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Ashley Lobdell, 25, of Rutland, Vermont was arrested last night for interfering with commerce by robbery. Lobdell was charged today by Criminal Complaint, and is scheduled to appear tomorrow before United States Magistrate Judge Kevin J. Doyle.
According to court records, Lobdell is accused of robbing the Jolley Mart store located at 128 Grove Street on September 25, 2022. Lobdell is alleged to have displayed a large steak knife to the clerk, and demanded cash from the register. Investigators were able to use surveillance video from the area of the robbery to identify Lobdell as the robber.
The United States Attorney’s Office emphasizes that a Criminal Complaint contains allegations only and that Lobdell remains presumed innocent until and unless she is convicted of a crime. Lobdell faces a maximum sentence of 20 years of imprisonment on the robbery charge.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Rutland City Police Department and Homeland Security Investigations.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Lobdell is represented by Mark Oettinger, Esq.
Rutland Man Charged with Convenience Store RobberyRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that David R. Markie, 40, of Rutland, Vermont was arrested last night for interfering with commerce by robbery. Markie was charged today by Criminal Complaint, and is scheduled to appear tomorrow before United States Magistrate Judge Kevin J. Doyle.
According to court records, Markie is accused of robbing the Jiffy Mart store located at 215 North Main Street in Rutland on October 3, 2022. Markie is alleged to have worn a lime-green face covering in the store while displaying a knife and demanding cash from the register. Investigators were able to locate the distinctive mask and to link Markie to discarded clothing consistent with the clothing worn by the robber.
The United States Attorney’s Office emphasizes that a Criminal Complaint contains allegations only and that Markie remains presumed innocent until and unless he is convicted of a crime. Markie faces a maximum sentence of 20 years of imprisonment on the robbery charge.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Rutland City Police Department and Homeland Security Investigations.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Markie is represented by the Office of the Federal Public Defender.
Barre Woman Sentenced to 18 Months of Imprisonment for Drug TraffickingRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Tiffany Fisk, 33, of Barre, Vermont, was sentenced today to serve 18 months in prison after her conviction for distributing fentanyl. Chief United States District Judge Geoffrey W. Crawford also ordered Fisk to serve a three-year term of supervised release after her incarceration.
According to court records, in October of 2021 and January of 2022, Fisk distributed fentanyl and cocaine base in Washington County, Vermont to a confidential informant assisting law enforcement.
On January 28, 2022, Fisk and her husband David Tom were in a vehicle stopped by the Vermont State Police. A search of their vehicle revealed Tom to be unlawfully in possession of a firearm. As part of Fisk’s sentencing for drug distribution, she admitted to attempting to obstruct the investigation of her husband by promising cocaine base to a person in exchange for that person making false statements to the Vermont State Police regarding who owned the seized firearm. Tom has pleaded guilty to unlawfully possessing a firearm as a convicted felon. Tom is scheduled to be sentenced on October 17, 2022.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Vermont State Police, the Montpelier Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Assistant United States Attorney Jonathan A. Ophardt handled the prosecution. Fisk was represented by John Mabie, Esq.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psnColorado Man Charged with Participation in Vermont Kidnapping and MurderRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that today, Jerry Banks, 35, of Fort Garland, Colorado was charged with a murder-for-hire conspiracy and the kidnapping of Gregory Davis, a resident of Danville, Vermont, on January 6, 2018, resulting in Davis’s death. Banks was added as a defendant to the murder-for-hire conspiracy case already pending against Serhat Gumrukcu, 39, of Los Angeles, California, and Berk Eratay, 36, of Las Vegas, Nevada.
Following an exhaustive investigation by detectives with the Vermont State Police and agents of the Federal Bureau of Investigation, law enforcement obtained a criminal complaint in April 2022 that charged Banks with kidnapping Davis. According to the complaint affidavit, Banks arrived at Davis’s Danville residence on the evening of January 6, 2018, posing as a United States Marshal claiming to arrest Davis. Davis was found dead the next day in a snowbank on a Barnet, Vermont road several miles from the Davis residence.
In May 2022, in a separate case, the grand jury charged Gumrukcu and Eratay with conspiring in a murder-for-hire scheme, resulting in Davis’s death. According to court records, Gumrukcu and Davis were involved in a business dispute at the time of Davis’s murder. Court records outline evidence that Eratay contacted Aron Ethridge, on Gumrukcu’s behalf, to find someone to kill Davis. Ethridge then enlisted Banks as the hitman. Court records allege that Eratay paid Ethridge over $100,000 to murder Davis.
On May 24, 2022, Gumrukcu was arrested in Los Angeles and Eratay was arrested in Las Vegas. Both have been held in custody since that date. Gumrukcu was arraigned on the murder-for-hire conspiracy charge today in United States District Court in Burlington in front of Chief Judge Geoffrey W. Crawford. Last week, Judge Crawford denied Eratay’s request to be released from custody pending trial. Ethridge has pleaded guilty to hiring Banks to murder Davis and conspiring to kidnap Davis.
The charges in the superseding indictment carry a mandatory sentence of life imprisonment. The superseding indictment contains accusations only, and the defendants are presumed innocent until and unless proven guilty.
The prosecutors are Assistant United States Attorneys Paul Van de Graaf and Jonathan Ophardt. Banks is represented by Michael Desautels and Mary Nerino from the Federal Public Defender’s Office. Ethridge is represented by Mark Kaplan, Esq. Eratay is represented by Robert Katims, Esq. Gumrukcu is represented by David Kirby, Esq.
U.S. Attorney Nikolas P. Kerest commended the efforts of the Federal Bureau of Investigation and the Vermont State Police for their collaborative investigation of Davis’s murder. U.S. Attorney Kerest also thanked the Internal Revenue Service Criminal Investigations for assisting in the ongoing investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. 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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn