District of Vermont
Press releases recorded for this federal judicial district.
Athens, Vermont Man Charged with Unlawful Possession of Short-barrel ShotgunRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Ryan Goodrich, 37, of Athens, Vermont was arraigned yesterday on an indictment that alleges on March 3, 2022, Goodrich unlawfully possessed an unregistered short-barrel shotgun, unlawfully possessed multiple shotguns and an AR-style rifle due to Goodrich’s prior felony convictions, and unlawfully possessed heroin.
According to court records, Vermont Game Wardens began an investigation of Goodrich in late winter of 2022 for violations of fish and wildlife regulations. During their investigation, the wardens obtained a search warrant for Goodrich’s Facebook account, which revealed a photograph of a short-barrel shotgun. The messages within the account revealed Goodrich had discharged the weapon and likely possessed it at his residence. The wardens coordinated with agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives to execute a search warrant at Goodrich’s residence on March 3, 2022. During the search, agents located the short-barrel shotgun (which was loaded), multiple additional shotguns, multiple rifles (including an AR-style rifle), 2,978 rounds of ammunition, $6,000 in U.S. Currency, and 880 bags of heroin.
After the warrant was executed, the federal grand jury returned an indictment on March 10, 2022. Agents attempted to locate Goodrich in and around Athens, and in doing so, encouraged people who knew him to have Goodrich turn himself in to law enforcement. Goodrich did not do so. On April 9, 2022, Keene, New Hampshire Police located Goodrich at a hotel in Keene. Officers obtained a search warrant for the hotel room, but Goodrich was not inside when it was executed. Agents found evidence of Goodrich’s prior presence, including personal paperwork in a backpack. On April 19, 2022, law enforcement learned that Goodrich was attempting to obtain transportation to Texas. Goodrich was subsequently located and apprehended at a hotel in Deerfield, Massachusetts.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Goodrich remains presumed innocent until and unless he is convicted of a crime. Goodrich faces a maximum sentence of 10 years of imprisonment on each firearm violation. The actual sentence would be determined with reference the Federal Sentencing Guidelines.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of Vermont Department of Fish and Wildlife, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. He also thanked the Keene Police Department, the Massachusetts State Police, the Deerfield Police Department, and the Greenfield Police Department for their assistance in locating and apprehending Goodrich.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Goodrich is represented by Assistant Federal Public Defender Mary Nerino.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. See https://www.justice.gov/psn for more information.
Burlington Man Sentenced for Possession with Intent to Distribute Cocaine BaseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on May 31, 2022, Hussein Mubarak, 21, of Burlington, Vermont, was sentenced by U.S. District Judge Christina Reiss to 10 months’ imprisonment and a 3-year term of supervised release for possession with intent to distribute cocaine base.
As Mubarak admitted in his guilty plea hearing, the Burlington Police Department encountered him on May 14, 2021, when Mubarak was found to possess two plastic bags containing cocaine base in his pants pocket. Mubarak further admitted that the quantity of cocaine base found in his pants pocket was consistent with distribution and not personal use. As described in court records, when Burlington Police Department officers arrested Mubarak on September 5, 2021, Mubarak possessed a semiautomatic handgun. As a result of this federal felony conviction, Mubarak will now be prohibited from obtaining or possessing firearms.
United States Attorney Nikolas P. Kerest commended the efforts of the Bureau of Alcohol, Tobacco, Firearms & Explosives as well as the Burlington Police Department in the investigation and prosecution of Mubarak. Assistant U.S. Attorney Andrew C. Gilman was the prosecutor on the case. Mubarak was represented by Assistant Federal Public Defender Sara M. Puls.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. https://www.justice.gov/psn
Northfield Resident Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on May 27, 2022, Shaka Africa, 31, of Northfield, Vermont, was sentenced by U.S. District Court Chief Judge Geoffrey W. Crawford to 32 months of imprisonment and a 3-year term of supervised release for possessing a firearm in 2020 after having been previously convicted of a felony offense.
According to court records and proceedings, Africa was involved in a shooting incident on August 27, 2020, in Morristown Vermont. Africa had just arrived in his vehicle at a residence on Elmore Road when a Jeep that had been following him aggressively pulled into the driveway behind him. Africa, without knowing who was in the Jeep, drew a handgun and fired a round at the Jeep. The bullet struck the Jeep in the left rear wheel well. The occupants of the Jeep immediately departed and reported the incident to police. Police later located Africa and seized a 9-millimeter pistol from him. Africa was determined to be a felon, having been convicted in 2016 of aggravated assault with a weapon in Washington County, Vermont.
United States Attorney Nikolas P. Kerest commended the efforts of the Morristown Police Department, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms & Explosives in the investigation and prosecution of Africa.
Assistant U.S. Attorney Matthew J. Lasher prosecuted the case for the United States. Africa was represented by Federal Public Defender Michael Desautels.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. https://www.justice.gov/psn
Two Men Charged in Murder-for-Hire Conspiracy Resulting in DeathRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Serhat Gumrukcu, 39, of Los Angeles, California, and Berk Eratay, 35, of Las Vegas, Nevada, were arrested yesterday after having been charged by a federal grand jury in Vermont with conspiring to use interstate commerce facilities in the commission of murder-for-hire which resulted in the death of Gregory Davis, a resident of Danville, Vermont.
Gumrukcu is expected to appear later today in the United States District Court for the Central District of California. Eratay is expected to appear later today in the United States District Court for the District of Nevada.
According to court records, Jerry Banks, 34, of Fort Garland, Colorado was previously arrested after having been charged with kidnapping Gregory Davis from his Danville home on January 6, 2018. On January 7, 2018, Davis was found dead in a snowbank several miles from his residence. Although Banks is not charged with Davis’s murder, the government has alleged that Banks murdered Davis. Also, Aron Lee Ethridge, 41, of Henderson, Nevada has been arrested on charges of conspiring to kidnap Davis, and Ethridge is alleged to have communicated with Banks before and after the kidnapping and murder.
The indictment charging Gumrukcu and Eratay contains accusations only, and the defendants are presumed innocent until and unless proven guilty. If convicted, Gumrukcu and Eratay face mandatory life in prison or the death penalty.
The prosecutors are Assistant United States Attorneys Paul Van de Graaf and Jonathan Ophardt. Counsel for Gumrukcu and Eratay have not yet been appointed or entered formal appearances.
U.S. Attorney Nikolas P. Kerest commended the efforts of the Federal Bureau of Investigation and the Vermont State Police in their collaborative investigation of Gumrukcu and Eratay.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. https://www.justice.gov/psn
Former Starksboro Resident Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on May 23, 2022, Isaac Liberty-Hanlon, 43, formerly of Starksboro, Vermont, was sentenced by U.S. District Court Judge William K. Sessions III to a time-served period of imprisonment and a three-year term of supervised release for possessing a firearm in 2020 after having been previously convicted of a felony offense. Liberty-Hanlon is presently residing in Hartwell, Georgia.
According to court records and proceedings, on July 24, 2020, troopers with the Vermont State Police searched Liberty-Hanlon’s home in Starksboro pursuant to a search warrant. They located and seized a Smith & Wesson .38-caliber revolver from Liberty-Hanlon’s room, and he acknowledged possessing the firearm. Liberty-Hanlon was determined to be a felon, having been convicted in 2009 of aggravated assault in Addison County, Vermont.
United States Attorney Nikolas P. Kerest commended the efforts of the Vermont State Police and the Bureau of Alcohol, Tobacco, Firearms & Explosives in the investigation and prosecution of Liberty-Hanlon.
Assistant U.S. Attorney Matthew J. Lasher prosecuted the case for the United States. Liberty-Hanlon was represented by Robert Behrens, Esq.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. https://www.justice.gov/psn
Chittenden County Man Charged with Threatening State Officials and Members of Legal CommunityRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Josh Puma, 35, formerly of Chittenden County, was arraigned today in Burlington before U.S. Magistrate Judge Kevin J. Doyle on three counts of transmitting threats in interstate commerce to injure the person of another. Puma pleaded not guilty to the charges and Magistrate Judge Doyle ordered Puma detained pending trial.
According to court documents and proceedings, the instant charges involve allegations that Puma called a Vermont Department of Corrections reporting line and threatened to kill a state court judge, a defense attorney, and a state prosecutor and to sexually assault that same prosecutor. The calls were recorded, and Puma specifically stated that when he is released from jail, he will use violence and kill and maim those state officials, in addition to harming and killing other members of the legal community. Puma was recently ordered hospitalized by the state court due to mental health considerations.
If convicted of these offenses, Puma faces a maximum sentence of 5 years imprisonment on each count alleged in the Indictment. Any 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.
This case was investigated by the Vermont State Police.
The United States is represented in this matter by Assistant U.S. Attorney Wendy Fuller. Josh Puma is represented by the Office of the Federal Public Defender.
UPDATE
The second paragraph of this press release was updated to reflect the allegations in the public record.
Springfield Man Faces Federal Pipe Bomb ChargeRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Anibal Castro, Jr., 33, of Springfield, Vermont, has been charged with unlawful possession of a “destructive device” (“Pipe Bomb”), in violation of the National Firearms Act. On May 20, 2022, Castro appeared for his arraignment in U.S. District Court in Burlington and pled not guilty to the charge. At a prior hearing, U.S. Magistrate Judge Kevin J. Doyle granted the government’s motion for detention and ordered Castro detained until trial.
According to court records, the government alleges that on April 6, 2022, while the Springfield Police Department and Vermont State Police were executing a state search warrant at Castro’s Valley Street residence, they discovered a ten and one-half inch pipe bomb. The pipe was made of aluminum with crimped metal ends covered in tape and had a pyrotechnic fuse extending out from inside the pipe. The words “BYE BYE !!” were written on the outside of the pipe. The pipe contained 650 BB pellets and black powder. The government alleges that the presence of BBs “further weaponized” the device.
The charge against Castro is an accusation only and the defendant is presumed innocent until and unless proven guilty. If convicted, Castro faces a maximum sentence of ten years imprisonment and three years of supervised release. Any actual sentence will be advised by the Federal Sentencing Guidelines.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Springfield Police Department, and the Vermont State Police. The United States is represented by Assistant U.S. Attorney Joseph Perella. Castro is represented by Sara Puls, Esq. of the Office of the Federal Public Defender.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime https://www.justice.gov/psn
Green Mountain Union High School Teacher Charged with Producing Child Sexual Abuse MaterialRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Norman Merrill II, 45, of Chester, Vermont, was arrested today after having been indicted by a federal grand jury for charges related to the production and possession of child sexual abuse material, also known as child pornography. Merrill is expected to appear before United States Magistrate Judge Kevin J. Doyle tomorrow. The government has filed a motion requesting defendant Merrill be detained pending trial.
According to court records, on May 7, 2022, officers from the Chester Police Department received reports concerning potential voyeurism occurring at Merrill’s home. The investigation uncovered allegations of a hidden recording device in a bathroom at Merrill’s home, and that Merrill appeared to surreptitiously record young girls who were walking in front of him while at Green Mountain High School, where he is employed as a teacher. Chester Police Officers obtained search warrants for Merrill’s home and electronics. The search warrants were executed on May 11, 2022, and Chester Police Officers seized numerous electronic devices, including “pinhole cameras” and a “spy camera.” The Vermont State Police conducted a preliminary examination of a memory card seized from the residence which revealed numerous voyeuristic videos taken in bathrooms. Some of these videos were taken in a bathroom of defendant Merrill’s residence and were determined to depict nude minor female children. The memory card also contained image files that appear to be screen-captures created from these videos of nude minors.
On May 19, 2022, the federal grand jury in Burlington returned an Indictment charging Merrill with production of child sexual abuse material, attempted production of child sexual abuse material, and possession of child sexual abuse material. The United States Attorney’s Office emphasizes that an Indictment contains allegations only and that Merrill is presumed innocent until and unless convicted of a crime. If convicted of all charges, Merrill faces a mandatory minimum sentence of 15 years of imprisonment, and a maximum sentence of 30 years of imprisonment.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Chester Police Department, Vermont State Police, and the Department of Homeland Security’s Homeland Security Investigations.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Merrill has not yet retained or been appointed counsel.
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.
Washington County Man Charged with Possession of Child Sexual Abuse MaterialsRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Connor Frazier, 34, of Barre, Vermont was arraigned today on an indictment that alleges Frazier unlawfully possessed child sexual abuse materials, also known as child pornography, on or about July 1, 2021. At today’s hearing, United States Magistrate Judge Kevin J. Doyle ordered Frazier to be released on conditions of pretrial supervision pending trial.
The federal case arises from the same circumstances underlying a pending state criminal case against Frazier that was filed in Vermont Superior Court, Washington Unit, in July 2021.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Frazier will be presumed innocent until and unless he is convicted of a crime. If convicted, Frazier would face a minimum sentence of 10 years and a maximum sentence of 20 years of imprisonment for unlawfully possessing child sexual abuse materials. Any sentence ultimately imposed would be advised by the United States Sentencing Guidelines and statutory sentencing factors.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Vermont Internet Crimes Against Children Task Force and Homeland Security Investigations.
The prosecutor in the federal case is Assistant United States Attorney Matthew Lasher. Frazier is represented by the Office of the Federal Public Defender for the District of Vermont.
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.
Two Face Federal Drug Charges After Multi-Agency Enforcement Operation in Washington, VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Nicole LeClair, 34, of Washington, Vermont, and Christopher Emmons, 51, of Washington, Vermont, were arrested today during search warrants at their residences. LeClair has been charged with distributions of controlled substances that occurred at her residence. Emmons has been charged with knowingly allowing his residence to be a drug-involved premises at which controlled substances were distributed. Both defendants are scheduled to appear before Chief United States District Judge Geoffrey Crawford on Monday afternoon.
According to court records, during the months of March and April of 2022, law enforcement conducted controlled purchases of heroin/fentanyl and cocaine base from LeClair at her residence. LeClair used her Facebook Messenger account to arrange the transactions at her residence. A Special Agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives obtained a search warrant for LeClair’s residence, which was executed today. During the search, law enforcement seized approximately 170 bags of suspected fentanyl, 5 grams of suspected cocaine base, and a SCCY semi-automatic pistol.
According to court records, during the months of March and April of 2022, law enforcement conducted controlled purchases of heroin/fentanyl and cocaine base at the residence of Emmons. Law enforcement identified Justin Llano, aka “TJ,” and Glendon Parrish-Cambell, aka “B,” as drug traffickers distributing heroin/fentanyl and cocaine base from Emmons’ residence. Emmons was present during multiple controlled purchases conducted at his residence. On one occasion in March, a confidential informant attempted to purchase drugs at Emmons’ residence. During the attempted transaction, Emmons reported to the CI that the drug traffickers had left the residence because law enforcement was conducting traffic stops in the area. A Special Agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives obtained a search warrant for Emmons property, which was executed today. During the search, law enforcement seized 14 firearms (including a sawed-off shotgun), approximately 28 grams of suspected cocaine base, and approximately 400 bags of suspected fentanyl.
Both Llano and Parrish-Cambell have been charged by Criminal Complaint but remain at large. Federal arrest warrants have been issued for both men.
The United States Attorney’s Office emphasizes that a Criminal Complaint contains allegations only and that LeClair, Emmons, Llano, and Parrish-Cambell are presumed innocent until and unless convicted of a crime.
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Vermont Drug Task Force, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Federal Bureau of Investigation. The U.S. Customs and Border Protection Office of Air and Marine, Homeland Security Investigations, Vermont State Police, Montpelier Police Department, Barre City Police Department, and the Washington County Sheriff’s Office provided vital assistance during execution of today’s search warrants.
The prosecutors are Assistant United States Attorney Andrew Gilman and Jonathan Ophardt. LeClair is represented by Natasha Sen, Esq. Emmons is represented by Mark Oettinger, Esq. Llano and Parrish-Cambell have not yet retained or been appointed counsel.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime https://www.justice.gov/psn
Craig Wilkins Pleads Not Guilty to Drug and Firearms ChargesRead the Press Release
The United States Attorney for the District of Vermont announced that Craig Wilkins, 37, of Rutland, pleaded not guilty today in United States District Court in Burlington to charges that he possessed two handguns as a convicted felon and that he possessed fentanyl and cocaine base with intent to distribute them. U.S. Magistrate Judge Kevin Doyle ordered that Wilkins be held without bail pending trial, which has not been scheduled.
According to court records, on October 31, 2021, Rutland police officers and emergency medical personnel responded to a grocery store parking lot after a citizen reported that two people appeared to be unconscious inside a vehicle. When officers arrived, the two occupants – Craig Wilkins, who was in the driver’s seat, and a female who was in the rear – were conscious but appeared to be under the influence of drugs. Wilkins was asked to step out of the car for questioning and when he did so a round of ammunition fell to his feet. Wilkins is prohibited by federal law from possessing firearms or ammunition because he has prior Vermont felony convictions for distributing narcotics.
Authorities impounded the automobile and obtained a state court warrant to search it. In a backpack, which was on the front passenger seat, and in the glove compartment, officers recovered two handguns, about 177 grams of cocaine base, and about 15 grams of fentanyl. Federal agents obtained a warrant for Wilkins’ arrest on April 12, and a federal grand jury in Burlington indicted Wilkins on the drug and gun charges on April 21.
The United States Attorney emphasizes that the charges in the indictment are merely an accusation, and that Wilkins is presumed innocent unless and until he is proven guilty.
If convicted, Wilkins 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.
The case was investigated by the Rutland Police Department and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.
Wilkins is represented by Assistant Federal Public Defender Steven Barth. The prosecutor is Assistant U.S. Attorney Gregory Waples.
This case is being prosecuted as part of the joint federal, state and local Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. https:/www.justice.gov/psn
Connecticut Man Sentenced to 36-Month Prison Sentence for Possession with Intent to Distribute Controlled SubstancesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that yesterday Chief United States District Judge Geoffrey Crawford sentenced Shiquan Mangual, 28, of Hartford, Connecticut, to a 36-month period of incarceration, to be followed by three years of supervised release, upon Mangual’s conviction by guilty plea of possession with intent to distribute cocaine and cocaine base.
According to court records, Mangual was arrested by the FBI on June 9, 2021, in connection with a search of a farmhouse in Randolph, Vermont. During the search agents found several firearms, including a loaded handgun, distribution quantities of cocaine, crack cocaine, and fentanyl, as well as more than $7,500 in United States currency. Mangual has been in the custody of the United States Marshals Service during the pendency of the prosecution.
This case was investigated by the FBI, working with the Vermont State Police, the Montpelier Police Department, the Northfield Police Department, the Bureau of Alcohol Tobacco Firearms and Explosives, as well as the Drug Enforcement Administration in Connecticut.
Mangual was represented by Assistant Federal Defender Steven Barth. The Assistant United States Attorney handling the prosecution was Michael Drescher.
Vermont U.S. Attorney Recognizes National Police WeekRead the Press Release
May 11, 2022 - In honor of National Police Week, United States Attorney Nikolas P. Kerest recognizes the service and sacrifice of federal, state, county, and local law enforcement officers in Vermont. This year, the week is observed Wednesday, May 11 through Tuesday, May 17, 2022.
“This week, we gather to pay tribute to the law enforcement officers who sacrificed their lives in service to our country,” said Attorney General Merrick B. Garland. “We remember the courage with which they worked and lived. And we recommit ourselves to the mission to which they dedicated their lives. On behalf of a grateful Justice Department and a grateful nation, I extend my sincerest thanks and gratitude to the entire law enforcement community.”
U.S. Attorney Kerest stated “I, along with members of my office, take this opportunity to recognize the dedication and courage of our law enforcement partners. Every day in Vermont, our federal, state, county, and local officers show up and diligently and compassionately perform their jobs and keep our communities safe. Law enforcement officers regularly face uncertain and dangerous situations, putting themselves in harm’s way to confront violence and protect victims of crime. Their work is not easy, and while it is vital to the safety of all Vermonters, it often goes unrecognized. My office commends and thanks each of them for their commitment and valor. National Police Week also is a time to think about officer wellness. Law enforcement officers regularly face highly stressful situations. The pressures of responding to unknown circumstances take a toll even absent a public health emergency. I encourage everyone to get in touch with a police officer this week and convey gratitude for their sacrifices.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Based on data from the National Law Enforcement Officer Memorial Fund (NLEOMF), 472 law enforcement officers died nationwide in the line of duty in 2021. Of that number, 319 succumbed to COVID-19, underscoring the added dangers that officers have faced during the pandemic. Additionally, according to 2021 statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 73 law enforcement officers who died in the line of duty in 2021 were killed as a result of felonious acts, whereas 56 died in accidents. Deaths resulting from felonious acts increased in 2021, rising more than 58 percent from the previous year. In 2021, unprovoked attacks1 were the cause of 24 deaths, significantly outpacing all other line of duty deaths resulting from felony acts and reaching the highest annual total in over 30 years of reporting. Additional LEOKA statistics can be found on FBI’s Crime Data Explorer website for the LEOKA program.
The names of 619 fallen officers were added this year to the wall at the National Law Enforcement Officer Memorial. Their names will be read on Friday, May 13, 2022, during a Candlelight Vigil in Washington, D.C., starting at 8:00 PM EDT. Those who wish to view the vigil live online, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/TheNLEOMF. The schedule of National Police Week events is available on NLEOMF’s website.
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Reference to any specific organization or service(s) offered by an organization is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by the United States Department of Justice.1 An unprovoked attack is defined as an attack on an officer not prompted by official contact at the time of the incident between the officer and the offender. Source: Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program.
Former South Burlington Resident Sentenced to 20 Years for Production of Child Sexual Abuse MaterialsRead the Press Release
The Office of the United States Attorney for the District of Vermont stated Cory Johnson, formerly of South Burlington, Vermont, was sentenced today by Chief United States District Court Judge Geoffrey W. Crawford to 20 years of imprisonment with 15 years of supervised release to follow for producing child sexual abuse materials, also known as child pornography. Johnson previously pleaded guilty to a single count of child pornography production, admitting that, in or about September 2016, he video recorded sexually explicit content involving a minor. At sentencing, the government sought a 30-year sentence, the maximum allowed by law, for Johnson’s videotaped abuse of a toddler.
U.S. Attorney Nikolas Kerest stated, “The conviction in this case is the product of years of tireless and dedicated work by the prosecutors and their agent partners. Our office will continue to work alongside our law enforcement partners to protect children from sexual exploitation and abuse by investigating and prosecuting those who victimize the most vulnerable.”
The U.S. Attorney’s Office thanked the U.S. Department of Homeland Security, Homeland Security Investigations, for the agency’s work on the case. Assistant U.S. Attorneys Eugenia A. P. Cowles and Jonathan A. Ophardt represented the government. Frank Twarog, Esq. represented Johnson.
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.
Vermont Man Arrested for Murder on the High Seas and Related Inheritance Fraud SchemeRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Nathan Carman, 28, of Vernon, Vermont, was arrested on May 10, 2022, pursuant to an eight-count indictment charging him with the 2016 murder of his mother, Linda Carman, on the high seas, and related frauds to obtain family and insurance funds. Carman will be arraigned tomorrow, May 11, 2022, before Chief United States District Judge Geoffrey W. Crawford.
According to the unsealed indictment, in 2013, Nathan Carman shot and killed his grandfather John Chakalos at Chakalos’s home in Windsor, Connecticut, and, in 2016, killed his mother Linda Carman and sunk his boat during a supposed fishing trip off the coast of Rhode Island. The indictment alleges that both killings were part of a scheme to obtain money and property from the estate of John Chakalos and related family trusts. The indictment further alleges Carman attempted to defraud the company that insured his fishing boat.
If convicted of murder on the high seas, Carman faces mandatory life imprisonment. The fraud charges each carry a potential penalty of up to 30 years of imprisonment. The indictment is an accusation only and Carman is presumed innocent until and unless proven guilty. If Carman is convicted, the Court will impose sentence based on the advisory Federal Sentencing Guidelines and the factors under 18 U.S.C. § 3553(a).
Participants in the multi-year investigation of Carman included the Federal Bureau of Investigation, the United States Coast Guard, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Connecticut State Police, the Windsor (Connecticut) Police Department, and the South Kingstown (Rhode Island) Police Department.
Assistant United States Attorneys Paul J. Van de Graaf and Nate Burris represent the United States. The Office of the Federal Public Defender represents Carman.
Bennington Man Charged with Unlawful Possession of a FirearmRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Gavin Wilcox, 31, of Bennington, Vermont was arraigned today on an indictment that alleges Wilcox unlawfully possessed a firearm on March 31, 2022. At today’s hearing, U.S. Magistrate Judge Kevin J. Doyle ordered Wilcox detained pending trial.
According to court records, Bennington Police Department investigators were attempting to locate a gray sedan on March 31, 2022. During surveillance at a local business, a detective observed Gavin Wilcox exit a silver Subaru Forester and walk to another grey sedan while carrying a backpack. The detective knew Wilcox to have an active arrest warrant. When officers apprehended Wilcox, he dropped 11 baggies of suspected heroin from his hand. A search warrant was obtained for Wilcox’s backpack, during the execution of which detectives located a loaded Smith & Wesson Model 386 .357 magnum Pro Series revolver. Wilcox’s criminal history includes felony offenses and a misdemeanor conviction for domestic violence which prohibited Wilcox from possessing firearms under federal law.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Wilcox remains presumed innocent until and unless he is convicted of a crime. Wilcox faces a maximum sentence of 10 years of imprisonment for unlawfully possessing a firearm.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Bennington Police Department and Homeland Security Investigations.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Wilcox is represented by Kevin Henry, Esq.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. See https://www.justice.gov/psn for more information.
Rutland Man Charged with Convenience Store RobberiesRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Daniel Webster, 37, of Rutland, Vermont was arraigned by waiver today on a Superseding Indictment that alleges Webster committed two robberies that interfered with interstate commerce. The first robbery occurred on July 24, 2021, at the Mobil gas station located on South Main Street in Rutland. The second occurred on July 28, 2021, at the Mac’s convenience store in Fair Haven.
According to court records, Webster is accused of entering the Mobil gas station on the evening of July 24, 2021, approaching the cash register with a package of crackers, spraying a liquid at the clerk, and stealing cash from the register. A knife was recovered from the parking lot along the path of flight used by the robber. Webster is also accused of entering the Mac’s convenience store on the afternoon of July 28, 2021, brandishing a knife as he walked around the counter directly to the store’s safe, removing a money bag from the safe, and removing additional cash from the register drawer. Webster previously worked at the Mac’s convenience store and was familiar with the location of the safe and the operation of the store’s registers.
At today’s arraignment, not-guilty pleas on both robbery charges were entered on Webster’s behalf. Webster is also accused in a separate federal case of distributing cocaine base on two occasions in March of 2021, and previously entered not-guilty pleas to those charges. Webster is currently detained pending trial.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Webster remains presumed innocent until and unless he is convicted of a crime. Webster faces a maximum sentence of 20 years of imprisonment on both robbery charges.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Rutland City Police Department, the Vermont State Police, the Vermont Forensic Laboratory, and the Federal Bureau of Investigation.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Webster is represented by Assistant Federal Public Defender Sara Puls.
Louise Larivee Imprisoned for Non-Profit EmbezzlementRead the Press Release
The United States Attorney for the District of Vermont announced that Louise Larivee, 63, of Swanton, was sentenced today in United States District Court in Burlington upon her guilty plea to a charge of federal program embezzlement. Chief U.S. District Judge Geoffrey Crawford sentenced Larivee to serve 8 months of imprisonment, to be followed by three years of supervised release. The court also ordered Larivee to pay restitution in the amount of $96,700. Larivee had pleaded guilty on the third day of her jury trial in Rutland last November. The court ordered Larivee to report to the Federal Bureau of Prisons on July 5 to begin serving her sentence.
In June 2019, a federal grand jury in Burlington returned a two-count indictment charging Larivee with conspiracy and federal program embezzlement. Candy Thomas, 64, also of Swanton, a separately charged co-conspirator, had previously pled guilty to the federal program embezzlement charge. According to the indictment, between 2013 and 2017, Larivee was employed by the Abenaki Self Help Association, Inc. in Swanton as the director of a federal grant program administered by the U.S. Department of Labor. ASHAI functioned as a service arm of the Abenaki Nation, promoting economic and social development through programmatic efforts in education, employment and economic development. Each year, ASHAI received tens of thousands of dollars in grant money from the Department of Labor. During that same period, Candy Thomas worked at ASHAI as an office worker and bookkeeper. Thomas had check signing authority on ASHAI’s bank accounts.
According to the indictment and testimony at Larivee’s trial, between 2013 and 2017, Larivee and Thomas conspired to embezzle, and did embezzle, more than $100,000 from ASHAI. Thomas aided the commission of this theft by issuing checks and giving cash to Larivee, at Larivee’s request, in amounts that significantly exceeded Larivee’s authorized compensation. Larivee also received travel reimbursement checks based upon fraudulently inflated mileage claims. Thomas helped cover up this fraud by sending tax forms to the Internal Revenue Service that concealed the true amount of ASHAI funds that were being paid over to Larivee.
Thomas, who testified at Larivee’s trial, was sentenced to probation in December and was ordered to pay restitution in the amount of $20,000.
This case was investigated by the U.S. Department of Labor’s Office of Inspector General.
Larivee is represented by David Kirby. Thomas was represented by the Office of the Federal Public Defender. The prosecutors were Assistant U.S. Attorney Gregory Waples and former Assistant U.S. Attorney Spencer Willig.
Colchester Woman Faces Federal Charge for Knife Point Robbery of Church Street Store in BurlingtonRead the Press Release
UPDATE
The Press Release has been updated to reflect the correct hometown in the body of the release.
The Office of the United States Attorney for the District of Vermont stated that Sabrina Kingsbury, 40, of Colchester, Vermont has been charged under the federal Hobbs Act with obstructing commerce by robbery. Kingsbury appeared today in U.S. District Court in Burlington for an initial appearance. U.S. Magistrate Judge Kevin J. Doyle granted the government’s motion for detention and ordered Kingsbury detained until trial, which has not been scheduled.
According to court records, the government alleges that on April 18, 2022 at approximately 4:00 p.m., Kingsbury entered the Black Diamond store at 17 Church Street and gathered about $1,200 worth of merchandise, including clothing, a backpack, and a headlamp. Kingsbury then attempted to leave the store without paying for these items. After store employees confronted her, she threatened to stab one of them. Soon after, officers from the Burlington Police Department arrested Kingsbury with the merchandise near the bus stop located at St. Paul and Pearl Streets. At the time of her arrest, Kingsbury possessed a Gerber Leatherman knife on her person.
The complaint is an accusation only and the defendant is presumed innocent until and unless proven guilty. If convicted, Kingsbury faces a maximum sentence of twenty years imprisonment and three years of supervised release, which would follow any sentence of imprisonment. Any actual sentence will be determined with reference to the Federal Sentencing Guidelines.
The Federal Bureau of Investigation and the Burlington Police Department are investigating this case. The United States is represented by Assistant U.S. Attorney Joseph Perella. Kingsbury is represented by Sara Puls, Esq. of the Federal Public Defenders Office.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime https://www.justice.gov/psn
Williston Man Sentenced to 58 Months in Prison for Unlawfully Possessing Firearms and Trafficking over 3 Kilograms of CocaineRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Gregory Lewis, 26, of Williston, Vermont, was sentenced today to serve 58 months in prison after his convictions for being a felon in possession of a firearm and distribution of cocaine base. United States District Judge Christina Reiss also ordered Lewis to serve a three-year term of supervised release after his incarceration.
According to court records, in early 2021, investigators with the Drug Enforcement Administration and the Burlington Police Department conducted multiple controlled purchases of cocaine base from Lewis. On March 29, 2021, multiple law enforcement agencies executed a search warrant at Lewis’s residence in Williston. During the search, agents seized a stolen Glock Model 45 9mm pistol from Lewis’s bedroom and a privately manufactured AR-style firearm (commonly called a “ghost gun”), along with numerous tools of the drug trafficking trade, including packaging materials, digital scales, and a money counter. Agents also seized $43,135 of U.S. currency, and a collection of jewelry that appraised at over $70,000. Agents noted cocaine residue on the toilet seat in Lewis’s bathroom, after which Lewis admitted to having flushed approximately 750 grams of cocaine down the toilet as agents entered the residence. According to witness statements, Lewis’s admissions, and assets seized, Lewis is responsible for selling over 3 kilograms of cocaine in Chittenden County over a 16-month period.
Lewis’s federal sentence was ordered to run concurrent to his sentence imposed in Sarpy County, Nebraska, stemming from Lewis’s September 2019 arrest on Interstate 80 while in possession of 13 ounces of cocaine, bulk marijuana, and THC cartridges.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Drug Enforcement Administration and the Burlington Police Department, as well as the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Assistant United States Attorney Jonathan A. Ophardt handled the prosecution. Lewis was represented by Mark Kaplan, Esq.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders works together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. For more information, please visit https://www.justice.gov/psn
Ariel Quiros Sentenced to 60 Months in Prison for EB-5 Fraud in Vermont’s Northeast KingdomRead the Press Release
The United States Attorney’s Office announced that Ariel Quiros, 65, of Puerto Rico, and formerly of Key Biscayne, Florida, was sentenced today to 60 months in prison by Chief Judge Geoffrey W. Crawford in United States District Court in connection with his involvement in the AnC Vermont EB-5 investment project. Chief Judge Crawford also ordered Quiros to serve a three-year term of supervised release and to pay $8,338,600.77 in restitution. Today’s sentencing follows Quiros’s guilty pleas in August 2020 to three felony charges: conspiring with co-defendants William Kelly, Jong Weon (Alex) Choi, and William Stenger in a multi-year wire fraud scheme to defraud immigrant investors seeking green cards through the EB-5 program; money laundering for using a loan collateralized with investor funds to pay a personal tax obligation; and concealing material facts in a matter within the jurisdiction of a federal agency, namely United States Citizenship and Immigration Services (USCIS), which oversaw the EB-5 process.
According to court records and proceedings, the AnC Vermont project was designed to raise $110 million from 220 immigrant investors in order to construct and operate a biotechnology facility in Newport, Vermont. From 2012 to 2016, the defendants convinced approximately 169 investors to invest approximately $85 million in the AnC Vermont project, in addition to paying approximately $8 million in “administrative fees.” The facility was never constructed. As Chief Judge Crawford observed during Stenger’s sentencing hearing, in reality the AnC Vermont project was a “ghost.”
When Quiros pleaded guilty, he admitted that he and his co-conspirators misled AnC investors about important information, including how investor money would be used, the timing of job creation for the project, and Choi’s role in the project. For example, Quiros knew that investors were given a use-of-funds chart that contained a number of misrepresentations about the amount of funds Quiros and Choi planned to receive. Moreover, as the defendants raised investor money, Quiros used investor funds for purposes unrelated to the project, and he participated in concealing this misuse of funds. Quiros further admitted that the scheme included misrepresentations about the timing of the jobs that would be created by the project and the business revenue that would be generated from the project.
In addition to the wire fraud conspiracy charges, Quiros admitted using AnC investor funds for personal expenses, specifically a $6 million payment to the IRS in early 2015 funded by a loan collateralized by investor funds. Quiros also admitted helping to conceal from the Vermont Regional Center that Choi, who was deeply involved in the project, was being investigated in Korea for financial crimes.
As part of his plea agreement, Quiros agreed to cooperate in the government’s ongoing matters related to this case. The plea agreement signed by Quiros and the government capped Quiros’s potential jail sentence at 97 months, so long as he abided by the terms of the agreement. In connection with Quiros’s sentencing proceeding, the government informed the Court that Quiros should receive significant credit for his cooperation and would be an important witness at any trial of his co-defendants.
Quiros’s sentencing concludes the criminal proceedings for all three of the defendants who have appeared in this matter. Co-defendants Stenger and Kelly were each sentenced to 18 months’ imprisonment by Chief Judge Crawford earlier this month. Co-defendant Choi remains at large.
U.S. Attorney Nikolas P. Kerest expressed his continued gratitude for the outstanding investigation by the Federal Bureau of Investigation, IRS Criminal Investigation, and the FDA Office of Criminal Investigations in this case. U.S. Attorney Kerest also thanked the Justice Department’s Fraud Section and the Office of International Affairs for their invaluable collaboration in this prosecution.
“The Jay Peak EB-5 fraud was massive, lengthy, and wide-ranging. The defendants’ scheme impacted the lives of many hundreds of individuals, including not only investors from all over the world who dreamed of one day becoming United States citizens, but also Vermonters in Northeast Kingdom communities who hoped for the economic development and new jobs that the defendants promised to deliver,” said U.S. Attorney Kerest. “The conclusion of the criminal cases against Ariel Quiros, William Kelly, and William Stenger demonstrates that the U.S. Attorney’s Office is committed to addressing the most challenging cases and to rooting out fraud in all corners of Vermont. I commend our prosecutors and law enforcement partners for their dogged investigation and prosecution of this complex matter.”
"Ariel Quiros, William Kelly, and William Stenger knowingly took advantage of innocent EB-5 investors," said Janeen DiGuiseppi, Special Agent in Charge of the FBI's Albany Division. "Their deceptive scheme destroyed their plans and ruined the promise of economic development in the city of Newport and the Northeast Kingdom. This sentence should send a message that the FBI takes our responsibility to investigate and pursue those who commit fraud for personal gain very seriously. We will continue to work with our law enforcement partners to hold accountable those who use illegal means to take advantage of others."
“EB-5 investors contribute significant resources to American businesses and the U.S. economy with the aim of preserving jobs and seeking a pathway for obtaining lawful permanent residency,” said Joleen D. Simpson, Special Agent in Charge, IRS Criminal Investigation, Boston Field Office. “IRS Criminal Investigation is proud to bring our forensic accounting expertise in this multiagency effort to help ensure the integrity of this program and bring to justice those seeking to defraud it.”
“The U.S. public relies on FDA oversight to ensure that their medical products are safe and effective,” said Acting Special Agent in Charge Ronne G. Malham, FDA Office of Criminal Investigations New York Field Office. “We will continue to investigate and bring to justice companies that attempt to subvert the regulatory functions of the FDA, which are intended to protect the public health. We commend the efforts of the Department of Justice for their vigorous pursuit of justice in this matter.”
The prosecutors handling the case are Assistant U.S. Attorneys Paul Van de Graaf and Nicole Cate. Ariel Quiros is represented by Neil Taylor, Esq. and Robert Katims, Esq. William Kelly was represented by Robert Goldstein, Esq. and Mary Kehoe, Esq. William Stenger was represented by Brooks McArthur, Esq. and David Williams, Esq.
Nevada Man Charged in Kidnapping ConspiracyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on April 14, 2022, Aron Lee Ethridge, 41, of Henderson, Nevada was indicted on charges of participating in a conspiracy resulting in the kidnapping of Gregory Davis, a resident of Danville, Vermont, on January 6, 2018. Ethridge had his initial appearance on this charge in the District of Vermont on April 20, 2022, and he has a detention hearing scheduled for April 25, 2022.
The indictment identifies Ethridge’s co-conspirator as Jerry Banks, who was indicted on April 14, 2022, in the District of Vermont on kidnapping charges. The indictment charging Ethridge explains how Banks communicated with Ethridge about the kidnapping and murder of Davis.
The charges against Ethridge carry a maximum penalty of life imprisonment. Any actual sentence will be determined with reference to the Federal Sentencing Guidelines. The indictment charging Ethridge contains accusations only, and the defendant is presumed innocent until and unless proven guilty.
The prosecutors are Assistant United States Attorneys Paul Van de Graaf and Jonathan Ophardt. Mark A. Kaplan, Esq. represents Ethridge.
U.S. Attorney Nikolas P. Kerest commended the efforts of the Federal Bureau of Investigation and the Vermont State Police in their collaborative investigation of Ethridge.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. https://www.justice.gov/psn
Lyndonville Woman Sentenced for Selling Misbranded Pet MedicationsRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Lisa Wheeler, 56, of Lyndonville, Vermont was sentenced by United States Chief Judge Geoffrey W. Crawford on April 19, 2022 to time served for selling misbranded pet medications which were not approved for use in the United States. Chief Judge Crawford also sentenced Wheeler to three months of probation during which she must complete 20 hours of community service at a humane society or other animal charity. The maximum penalty for this misdemeanor offense was one year imprisonment and a $100,000 fine.
Wheeler also agreed to forfeit a substantial amount of pet medications, which were seized from her residence pursuant to a search warrant executed in August 2020. As the government noted at sentencing, Wheeler fully accepted responsibility for the offense and cooperated with the investigation.
According to court records, in 2020, Wheeler received voluminous shipments of prescription pet products, including flea medications, from a United Kingdom company associated with Bestflea.com, Petbucket.com, and Pharma Group. These medications were unapproved versions of prescription pet drugs available in the United States. Wheeler received hundreds of bulk packages of these pet medications and repackaged them for shipping to customers within the United States. Wheeler received a commission from the owner of the British companies for each parcel she shipped on their behalf.
Acting Special Agent in Charge Ronne G. Malham, Food and Drug Administration Office of Criminal Investigations New York Field Office stated that “FDA’s responsibility to protect the public health includes ensuring that prescription drugs for animals are safe and effective and dispensed according to valid veterinary prescriptions. We will continue to pursue and bring to justice those who attempt to evade the laws designed to protect our companion animals.”
This case was investigated by the Food and Drug Administration (Office of Criminal Investigations) and the U.S. Postal Inspection Service. United States Attorney Nikolas P. Kerest commended the efforts of the FDA Office of Criminal Investigations and the U.S. Postal Inspection Service in the investigation of Wheeler.
The United States is represented by Assistant U.S. Attorney Joseph Perella. Wheeler is represented by Mary Nerino, Esq. of the Federal Public Defender’s Office in Burlington, Vermont.
William Kelly Sentenced to 18 Months in Prison in Connection with the AnC Vermont EB-5 Project in the Northeast KingdomRead the Press Release
The United States Attorney’s Office announced that William Kelly, 73, of Fort Lauderdale, Florida, and previously of Weston, Florida, was sentenced today to 18 months in prison by Chief Judge Geoffrey W. Crawford in United States District Court. Chief Judge Crawford also ordered a three-year term of supervised release and ordered Kelly to pay $8,338,600.77 in restitution. Today’s sentencing follows Kelly’s guilty plea in June 2021 to conspiring with co-defendants Ariel Quiros, Jong Weon (Alex) Choi, and William Stenger in a multi-year wire fraud scheme to defraud immigrant investors seeking green cards through the EB-5 program. He also pleaded guilty to concealing material facts in a matter within the jurisdiction of a federal agency, namely United States Citizenship and Immigration Services (USCIS), which oversaw the EB-5 program.
According to court records and proceedings, the AnC Vermont project was designed to raise $110 million from 220 immigrant investors in order to construct and operate a biotechnology facility in Newport, Vermont. EB-5 investors could qualify for permanent resident status (commonly known as a green card) by investing $500,000 in a commercial enterprise approved by USCIS and the Vermont Regional Center (VRC), which had the authority to approve and monitor EB-5 projects in Vermont. In order to obtain a green card, each investor needed to demonstrate to USCIS that his or her investment had created, or would create within a few years, ten jobs. From 2012 to 2016, approximately 169 investors invested approximately $85 million in the AnC Vermont project, in addition to paying approximately $8 million in “administrative fees.” Fundraising was never completed, and the AnC Vermont facility was never constructed.
When he pleaded guilty, Kelly admitted that he and his co-conspirators misled AnC Vermont investors about how investor funds would be used, about how many jobs would be created by the project, and about the timeline for this job creation. For example, Kelly and others knew that it was necessary to demonstrate a plan to create at least 2,200 jobs in order to obtain USCIS approval of the AnC Vermont project, and that USCIS approval and business revenues were both important to investors. The jobs report for the project was directly based on hiring and financial projections generated by Kelly, Choi, and Stenger to justify the job creation number required for EB-5 approval. Kelly knew that no one had assessed whether the purported financial projections in the project’s business plan were reasonable. Between 2012 and 2016, Kelly and his co-conspirators maintained the jobs numbers in spite of the fact that no one associated with the AnC Vermont project was making progress toward identifying customers for clean room rentals, acquiring commercially viable stem cell products, or developing the potential artificial organs.
Kelly also admitted that between March 2013 and October 2014, he helped Quiros and Stenger pay over $47 million in AnC Vermont investor money to Jay Construction Management (JCM), a Quiros-controlled entity that was designated as a pass-through corporation for approximately $52 million that was to be paid to a Korean company created and controlled by Choi. During this period, Kelly knew that Quiros forwarded less than $6 million from JCM to Choi’s company. Kelly knew that Quiros used approximately $21 million of the AnC Vermont investor funds sent to JCM to pay off a Raymond James loan that was used for expenses unrelated to the AnC Vermont project. In addition to the wire fraud conspiracy charge, Kelly admitted helping conceal from the VRC that Quiros had used the $21 million in AnC Vermont investor funds for purposes unrelated to the AnC Vermont project.
As part of his plea agreement, Kelly agreed to cooperate in the government’s ongoing matters related to this case. The plea agreement signed by Kelly and the government capped Kelly’s potential jail sentence at 36 months, so long as he abided by the terms of the agreement. In connection with Kelly’s sentencing proceeding, the government informed the Court that Kelly had abided by the agreement’s terms and would be called as a witness at any trial of Kelly’s co-defendants.
Co-defendant Quiros pleaded guilty to wire fraud conspiracy, money laundering, and concealment charges in August 2020 and is scheduled to be sentenced on April 29, 2022. Co-defendant Stenger pleaded guilty to submitting false documents to the VRC and was sentenced to 18 months’ imprisonment and 3 years of supervised release, and ordered to pay $250,000 in restitution, on April 14, 2022. Co-defendant Choi remains at large.
Nikolas P. Kerest, United States Attorney, expresses his gratitude for the outstanding investigation assistance by the Federal Bureau of Investigation, IRS Criminal Investigation, the FDA Office of Criminal Investigations, and for the assistance of the Justice Department’s Fraud Section and Office of International Affairs. The prosecutors handling the case are Assistant U.S. Attorneys Nicole Cate and Paul Van de Graaf. William Kelly is represented by Robert Goldstein, Esq. and Mary Kehoe, Esq. Ariel Quiros is represented by Neil Taylor, Esq. and Robert Katims, Esq. William Stenger is represented by Brooks McArthur, Esq. and David Williams, Esq.
Bennington County Man Faces Federal Firearms ChargesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Logan Foster, 30, of Arlington, Vermont, has been indicted and arrested on two federal firearms offenses involving the alleged unlawful purchase and possession of a 9mm pistol in January 2021. On April 19, 2022, Foster appeared in U.S. District Court in Burlington for an arraignment and pleaded not guilty to the charges. U.S. Magistrate Judge Kevin J. Doyle granted the government’s motion for detention and ordered Foster detained until trial.
The indictment contains two counts. The first count alleges that on January 22, 2021, Foster filled out an ATF Form 4473 to purchase a SCCY 9mm pistol from a firearms dealer and falsely stated both that he was the actual purchaser of the firearm and that he was not an unlawful user of controlled substances. The second count alleges Foster then possessed this firearm while being an unlawful user of controlled substances. According to court records, the government also alleges that Foster exchanged the firearm for drugs with a Springfield, Massachusetts area drug dealer. The firearm was recovered from a crime scene in Holyoke, Massachusetts approximately six months after Foster’s transfer of it.
The indictment is an accusation only and that the defendant is presumed innocent until and unless proven guilty. If convicted, Foster faces a maximum sentence of ten years imprisonment and three years of supervised release, which would follow any sentence of imprisonment. The actual sentence will be determined with reference to the Federal Sentencing Guidelines.
This case is being investigated by the Department of Homeland Security (Homeland Security Investigations), the Bennington Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The United States is represented by Assistant U.S. Attorney Joseph Perella. Foster is represented by Peter Langrock, Esq.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. https://www.justice.gov/psn
Sex Offender Sentenced to 188 Months’ Imprisonment for Receipt of Child Sexual Abuse MaterialRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Sean Guillette, 57, of Burlington, Vermont was sentenced today to 188 months’ imprisonment by Judge Christina Reiss in United States District Court. Today’s sentencing proceeding followed Guillette’s guilty plea in October 2021 to receiving child pornography, also referred to as child sexual abuse material. Judge Reiss also imposed a 16-year term of supervised release to begin after Guillette’s release from prison and ordered Guillette to pay a total of $12,000 in restitution to four victims who were depicted in the images that Guillette received.
According to court records, Guillette sought and downloaded dozens of images and a video of child sexual abuse material on various occasions between November 2018 and April 2019. After Guillette had an encounter with officers from the Burlington Police Department in April 2019, Guillette attempted to remotely delete these materials. Analysis of a cell phone and online account belonging to Guillette revealed images of sexual abuse of children ranging in ages from infant to teenager.
Guillette has multiple prior State of Vermont convictions for lewd and lascivious conduct with a child and has previously served 17 years in jail. These prior offenses included two convictions for groping young girls in public places. Despite having access to treatment for sex offenders while in custody, Guillette failed to complete the treatment and was terminated from the program. Then, in June 2019, after getting out of jail after serving the 17-year sentence, Guillette approached a young girl in a store and groped her.
Nikolas P. Kerest, United States Attorney, commended the investigatory efforts of Homeland Security Investigations, the Vermont Internet Crimes Against Children Task Force, and the Burlington Police Department. The prosecutors are Assistant U.S. Attorneys Nicole Cate and Nate Burris. Guillette is represented by Devin McLaughlin, Esq.
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.
William Stenger Sentenced to 18 months in Prison in Connection with the AnC Vermont EB-5 Project in the Northeast KingdomRead the Press Release
UPDATE
The Press Release has been updated to detail the name of the FDA Office of Criminal Investigations.
The United States Attorney’s Office announced that William Stenger, 73, of Newport, Vermont, was sentenced today to 18 months in prison by Chief Judge Geoffrey W. Crawford in United States District Court. Chief Judge Crawford also ordered a 3-year term of supervised release and ordered Stenger to pay $250,000 in restitution. Today’s sentencing follows Stenger’s August 2021 guilty plea to a felony count of knowingly and willfully submitting false documents to the Vermont Regional Center (“VRC”) in connection with his involvement in the Jay Peak Biomedical Research Park EB-5 investment project, also called the AnC Vermont project.
According to court records and proceedings, the AnC Vermont project was designed to raise $110 million from 220 immigrant investors in order to construct and operate a biotechnology facility in Newport, Vermont. EB-5 immigrant investors could qualify for permanent resident status (commonly known as a green card) by investing $500,000 in a commercial enterprise approved by the VRC, which had the authority to approve and monitor EB-5 projects in Vermont, and by USCIS. In order to obtain a green card, each investor needed to demonstrate to USCIS that his or her investment had created, or would create within a few years, ten jobs. So, for the AnC Vermont project, it was necessary for Stenger and his co-defendants to demonstrate a plan to create at least 2,200 jobs in a short timeframe in order to obtain USCIS approval. From 2012 to 2016, approximately 169 investors invested approximately $85 million in the AnC Vermont project, in addition to paying approximately $8 million in “administrative fees.” Fundraising was never completed, and the AnC Vermont facility was never constructed.
Stenger pleaded guilty to submitting false documents to the VRC in January of 2015 as part of his effort to convince the VRC to allow him to continue marketing the AnC Vermont project. As Stenger admitted during his change of plea hearing, due to VRC’s concerns about a number of aspects of the AnC project, Stenger had agreed with the VRC in late June 2014 to suspend offering and marketing of the project. Stenger knew that he had to provide answers to questions from VRC about the project’s financial projections and about the status of U.S. Food and Drug Administration (“FDA”) approvals needed for commercialization of the products in order to be permitted to market the project again. Stenger’s January 2015 submission addressed, among other things, these topics. Both the financial projections and the FDA timeline impacted whether the project would create the number of jobs needed for the investors to obtain immigration benefits.
The AnC Vermont fraud involved two aspects: the defendants’ misrepresentations about job creation and future revenues, and the defendants’ misuse of investor funds. Stenger’s guilty plea centered on the misrepresentation aspect of the fraud. In connection with his sentencing, Stenger agreed not to dispute a broader set of facts asserted by the government in a sentencing-related brief, including that he participated in the misuse of investor funds along with co-defendants Ariel Quiros and William Kelly. Their misuse of funds was principally caused by debts and cost overruns on earlier EB-5 projects, for which Stenger bore significant responsibility. Stenger was the general partner for the EB-5 projects and assumed responsibility for how investors’ funds were used. While Stenger was not principally responsible for executing the misuse of investor funds, he knew about and assisted in it. Stenger hid the projects’ financial problems from the VRC, U.S. Citizenship and Immigration Services (USCIS), and investors, and he repeatedly abused his position of trust to assure regulators and investors that the projects were successful, and nothing was wrong.
Co-defendant William Kelly pleaded guilty to wire fraud conspiracy and concealment charges in July 2021. His sentencing hearing is scheduled to occur before Chief Judge Crawford on April 20, 2022. Co-defendant Ariel Quiros pleaded guilty to wire fraud conspiracy, money laundering, and concealment charges in August 2020. His sentencing is scheduled to occur before Chief Judge Crawford on April 29, 2022. Both Quiros and Kelly agreed to cooperate in the government’s ongoing matters. Co-defendant Choi remains at large.
Nikolas P. Kerest, United States Attorney, expresses his gratitude for the outstanding investigation assistance by the Federal Bureau of Investigation, IRS Criminal Investigation, the FDA Office of Criminal Investigations, and for the assistance of the Justice Department’s Fraud Section and Office of International Affairs. The prosecutors handling the case are Assistant U.S. Attorneys Nicole Cate and Paul Van de Graaf. William Stenger is represented by Brooks McArthur, Esq. and David Williams, Esq. Ariel Quiros is represented by Neil Taylor, Esq. and Robert Katims, Esq. William Kelly is represented by Robert Goldstein, Esq. and Mary Kehoe, Esq.
Wilder, Vermont Man Charged for Unlawful Possession of Firearm and Explosive DevicesRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that William Hillard, 51, of Wilder, Vermont was charged by criminal complaint with (1) being a felon in possession of a firearm, and (2) possessing a destructive device. Hillard was arrested on April 13, 2022, in connection with a search of his Wilder, Vermont residence. Hillard’s initial appearance was held on April 14, 2022, and a detention hearing is scheduled for April 15, 2022.
According to an affidavit in support of the criminal complaint, law enforcement received information that Hillard was in possession of explosive devices. A search warrant was executed at Hillard’s Wilder, Vermont residence and during the execution of the warrant law enforcement located explosive devices and materials as well as an AR-15-style rifle and ammunition.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Hartford Police Department, Vermont State Police Bomb Squad, and the Federal Bureau of Investigation (FBI).
A criminal complaint is merely an accusation and the defendant is presumed innocent unless and until proven guilty. If convicted of the charged offense, the defendant faces up to 20 years of imprisonment.
The Assistant United States Attorney handling the prosecution is Nate Burris. Hillard is represented by the Federal Public Defenders Office.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. https://www.justice.gov/psn
Charleston Man Charged with Possession of Child Sexual Abuse MaterialRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Daniel Blow, 39, of Charleston, Vermont was arrested yesterday during the execution of a search warrant at his residence. Blow was charged today by criminal complaint with possession of child pornography, also referred to as child sexual abuse material. Blow is scheduled to appear tomorrow before United States Magistrate Judge Kevin J. Doyle.
According to court records, a social media company reported to the National Center for Missing and Exploited Children (NCMEC) that a user had uploaded 41 files of suspected child sexual abuse material. NCMEC referred the tip to the Vermont Internet Crimes Against Children Task Force. Records from the social media company provided IP address information for the user which corresponded to the residence of Daniel Blow in Charleston. A check of Blow’s criminal history revealed a prior felony conviction in New York State for possessing a sexual performance by a child less than 16 years of age. Agents with Homeland Security Investigations conducted additional investigation and obtained a federal search warrant for Blow’s residence. During the execution of the search warrant, a Vermont State Police forensic examiner discovered images of child sexual abuse material on Blow’s cellular phone and his desktop computer. On a small video recording device, agents discovered a covertly recorded video of a teenage child changing clothes, with Blow visible at the beginning of the video while hiding the camera, and at the end of the video while retrieving the camera. In addition, agents seized multiple rifles and shotguns from Blow’s residence, including an M-4 style Colt rifle.
The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Blow is presumed innocent until and unless convicted of a crime. Due to his prior conviction, Blow faces a sentence of between 10 and 20 years of imprisonment on the current charges.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of Homeland Security Investigations, the Vermont Internet Crimes Against Children Task Force, and the Vermont State Police. He also thanked the Orleans County Sheriff’s Department for their assistance in the search of Blow’s residence and his subsequent arrest.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Blow is represented by the Federal Public Defender.
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.
Venezuelan Woman Arraigned on Conspiracy to Kidnap and Murder, Child Pornography Charges Following Extradition from Columbia to the United StatesRead the Press Release
UPDATE
The Press Release has been updated to reflect the Justice Department's Office of International Affairs' assistance.
The Office of the United States Attorney for the District of Vermont stated that Moraima Escarlet Vasquez Flores, aka “Johana Martinez,” 39, of Venezuela, was arraigned and pleaded not guilty on April 11, 2022, in United States District Court in Burlington, Vermont, on charges that she conspired with Sean Fiore to kidnap and murder a person in a foreign country, conspired with Fiore to produce and produced child pornography, and that she aided and abetted the receipt by Fiore of child pornography. Vasquez Flores’ appearance in court follows her extradition to the United States from Colombia, where she was living at the time of her arrest in September 2020. U.S. Magistrate Judge Kevin J. Doyle granted the government’s motion for detention and ordered Vasquez Flores detained pending trial.
According to court records, in September 2018, Vasquez Flores, then in Venezuela, is alleged to have communicated over WhatsApp with Fiore, who was then located in Vermont. Both used aliases. The WhatsApp communications were about Fiore’s interest in purchasing a video depicting the torture of a kidnapped child, who was referred to as a “slave.” Fiore ultimately paid $600 to Vasquez Flores in Amazon gift cards for the video. Fiore sent specific instructions on what abuse he wished to see inflicted on the child. On October 3, 2018, Vasquez Flores is alleged to have sent Fiore a hyperlink to a video file that showed Vasquez Flores inflicting sadistic abuse on a prepubescent boy consistent with Fiore’s specifications.
On October 13, 2018, Vasquez Flores is alleged to have sent three video files to Fiore that depicted the sadistic abuse of a prepubescent boy. Fiore did not commission the production of these video files.Vasquez Flores is alleged to have subsequently used WhatsApp to communicate with Fiore and to discuss Fiore’s desire to purchase another video which showed the torture and killing of another kidnapped “slave.” Fiore sent specifications for the types of physical abuse, humiliation, and manner of death he wished to see in the video. In December 2018, Fiore agreed to pay $4,000 for this video. In April 2019, Vasquez Flores is alleged to have sent Fiore a hyperlink to a 58-minute video file depicting the requested sadistic abuse and possible death of an adult male.
U.S. Attorney Nikolas P. Kerest emphasized that the charges in the indictment are accusations only and the defendant is presumed innocent until and unless proven guilty. If convicted, Vasquez Flores’ sentence will be determined by 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 Homeland Security Investigations and the Vermont Internet Crimes Against Children Task Force in the investigation of Vasquez Flores and Fiore.
Barbara A. Masterson, Assistant U.S. Attorney for the District of Vermont, Patrick Jasperse, Trial Attorney with the Department of Justice’s Human Rights and Special Prosecutions Section, and Eduardo Palomo, Trial Attorney with the Department of Justice’s Child Exploitation and Obscenity Section, represent the government. Vasquez Flores will be represented by the Federal Public Defender’s Office. The Justice Department's Office of International Affairs provided valuable assistance in securing Vasquez Flores's arrest and extradition.
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.
Holyoke, Massachusetts Man Indicted for Selling Fentanyl and Heroin in Bennington County, VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that John Pena Baez, 18, of Holyoke, Massachusetts has been indicted on drug distribution charges. Pena Baez pleaded not guilty today in United States District Court in Burlington, Vermont. U.S. Magistrate Judge Kevin J. Doyle ordered Pena Baez detained pending trial, which has not been scheduled.
According to court records, law enforcement conducted controlled purchases of fentanyl and heroin from Pena Baez in the Bennington area on February 22, 2022, March 15, 2022, and March 23, 2022. Law enforcement arrested Pena Baez on the evening of April 6, 2022. At the time of his arrest, Pena Baez was the front seat passenger in a vehicle. He was in possession of about 20 grams of suspected crack cocaine and about $7,100. Also in the vehicle, a loaded handgun was found on the floor area of the front passenger seat where Pena Baez had been sitting.
The U.S. Attorney emphasizes that the charges in the Indictment are merely accusations, and Pena Baez is presumed innocent unless and until he is proven guilty.
If convicted, Pena Baez faces up to twenty years of imprisonment and a fine of up to $1,000,000 on each offense. The actual sentence would be determined with reference to the federal sentencing guidelines.
The Vermont State Police, the Federal Bureau of Investigation, Homeland Security Investigations, and the Bennington, Vermont Police Department are the investigative agencies on this case.
Pena Baez was represented at today’s hearing by the Office of the Federal Defender. The prosecutor is Assistant U.S. Attorney John J. Boscia.
This prosecution is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
This case also is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. https://www.justice.gov/psn
Colorado Man Arrested for Vermont KidnappingRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on April 6, 2022, Jerry Banks, 34, of Fort Garland, Colorado was arrested following the filing of a criminal complaint that charges Banks with kidnapping Gregory Davis, a resident of Danville, Vermont, on January 6, 2018. Banks was taken into custody in Yellowstone National Park, where he was working. Banks appeared in United States District Court in Landers, Wyoming for a hearing yesterday. Banks will appear again in federal court in Wyoming next week before being ordered to appear in Vermont.
Following an exhaustive investigation by agents with the Federal Bureau of Investigation and detectives with the Vermont State Police, law enforcement obtained a criminal complaint that charges Banks with being the kidnapper. 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. Although Banks is not charged with Davis’s murder, the complaint affidavit contains allegations that Banks murdered Davis.
According to the allegations in the complaint, Banks used two cell phones around the time of the kidnapping. One phone, which was purchased days before the kidnapping at a Walmart in Pennsylvania, was used to call 911 minutes before the kidnapping (the 911 Phone). Banks used another phone, purchased in November 2017 at a Missouri Walmart, for data transmission as he travelled from Missouri on January 4, 2018 to Vermont on January 6, 2018 to kidnap Davis (the Data Phone). Law enforcement determined that this Data Phone was the only device that connected to cell towers both in Pennsylvania when the 911 Phone was purchased and near Danville when Davis was kidnapped. The FBI obtained surveillance images from the Pennsylvania Walmart showing the face of the 911 Phone purchaser and the white Ford Explorer he was driving.
According to the complaint, law enforcement connected these two phones to Banks in multiple ways. For example, Banks was in possession of a white Ford Explorer around the time of the kidnapping. Law enforcement obtained data associated with another phone in Banks’ name that showed that he purchased and used the Data Phone described above. Further, records obtained by law enforcement reflect that Banks purchased various items used in the kidnapping, including a Marshals badge and Marshals patches, only days before the trip to Vermont to kidnap Davis.
The complaint charges Banks with kidnapping, which carries a maximum penalty of life imprisonment. Any actual sentence will be determined with reference to the Federal Sentencing Guidelines. The criminal complaint lodged against Banks contains accusations only, and the defendant is presumed innocent until and unless proven guilty.
The prosecutors are Assistant United States Attorneys Paul Van de Graaf and Jonathan Ophardt. Counsel information for Banks is not yet available.
U.S. Attorney Nikolas P. Kerest commended the efforts of the Federal Bureau of Investigation and the Vermont State Police in their collaborative investigation of Banks. Mr. Kerest also thanked the United States Park Service Criminal Investigation Office for its assistance in Banks’ arrest.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. https://www.justice.gov/psn
Bradley Lefebvre Sentenced on Federal Harassment ChargeRead the Press Release
The United States Attorney for the District of Vermont announced that Bradley Lefebvre, 39, a former resident of Springfield, Vermont who has since moved to New Hampshire, was sentenced today in United States District Court in Burlington to 14 months of imprisonment following his guilty plea to a federal harassment charge. U.S. District Judge Christina Reiss ordered that Lefebvre serve three years of supervised release after he completes his prison term. The court ordered that Lefebvre surrender to the Bureau of Prisons on April 27 to begin serving his sentence.
On December 2, 2020, a federal grand jury in Rutland returned a three-count indictment accusing Lefebvre of harassing three victims during the spring and summer of 2020. The indictment alleges that Lefebvre used facilities of interstate commerce to harass and intimidate the victims and their families via communications that would reasonably be expected to cause substantial emotional distress to those persons. Lefebvre pleaded guilty to one of the charges last summer.
This case was investigated by the Federal Bureau of Investigation.
Lefebvre is represented by Assistant Federal Defender Mary Nerino. The prosecutor is Assistant U.S. Attorney Gregory Waples.
National Crime Victims’ Rights Week Virtual CommemorationRead the Press Release
National Crime Victims’ Rights Week (NCVRW) will be observed April 24–30, 2022. NCVRW is an opportunity to celebrate and acknowledge the hard and dedicated work of victim advocates, as well as to promote victims’ rights and services. The U.S. Attorney’s Office for the District of Vermont in partnership with the Center for Crime Victim Services will host a virtual commemoration of NCVRW on April 29, 2022. The themes for NCVRW this year are rights, access, and equity for all victims. These priorities underscore the importance of helping crime survivors by:
• enforcing victims’ rights,
• expanding access to services, and
• ensuring equity and inclusion for all.The speakers at this year’s event will focus on the importance of inclusion and equity in all aspects of victim services. The agenda for the event is as follows:
• Welcome: Jennifer Poehlmann, Executive Director, Vermont Center for Crime Victim Services
• Opening Remarks: Nikolas P. Kerest, United States Attorney, District of Vermont
• Introduction of Keynote Speaker: Major Ingrid Jonas (retired) of Vermont State Police
• Keynote Address: Dr. Etan L.J. Nasreddin-Longo, Co-Director, Fair and Impartial Policing and Community Affairs, Vermont State Police, and Equity Advisor, Department of Public Safety, will present “The Perils of Cultural Competency.”
• Raffle: The victim advocates who participate in the day’s events will be eligible for entrance in a raffle full of incredible prizes as a gesture of appreciation for their invaluable work.
• Crime Victim Service Award Ceremony: Victim service professionals will be celebrated for their achievements.To register for this event, click: https://us06web.zoom.us/meeting/register/tZAqcOyprj8jEtCUtYHRHyfYrnFV-YKTwgCv
For additional information about this year’s NCVRW event please contact [email protected].
Vermont Man Sentenced to 27 Years for Murder- and Kidnap-for-Hire Scheme and Child Pornography OffensesRead the Press Release
A Vermont man was sentenced today to 27 years in prison for paying a woman in Venezuela to make videos for his sexual pleasure in which victims were sadistically abused and at least one video in which he demanded a victim be killed.
Sean Fiore, 38, of Burlington, pleaded guilty in October 2021 to conspiracy to kidnap and kill a person overseas, murder-for-hire, conspiracy to produce child pornography, and possession of child pornography.
“The defendant paid for and scripted unspeakably vile and horrific videos of a child being tormented, and an adult sadistically abused,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “This prosecution, in partnership with the U.S. Attorney’s Office for the District of Vermont and Homeland Security Investigations (HSI), sends a clear message that these reprehensible acts will not go unanswered or unpunished.”
“It is difficult to imagine more depraved conduct than that of Sean Fiore,” said U.S. Attorney Nikolas P. Kerest for the District of Vermont. “We are grateful for the tremendous support and teamwork provided by HSI and Vermont’s Internet Crimes Against Children Task Force during the investigation of this case. We are also thankful for our partners in the Criminal Division in Washington, D.C., who helped bring Fiore to justice. This office along with its partners will continue to prioritize protecting the vulnerable and prosecuting dangerous offenders such as Fiore.”
“Fiore committed some of the darkest, most heinous deeds humanity can imagine,” said Special Agent in Charge Matthew Millhollin for HSI in New England. “Today’s sentence ensures that he will be locked away, unable to repeat the depraved crimes he has admitted to. We are grateful to our partners here in Vermont and around the world who worked tirelessly alongside us to investigate and prosecute this case.”
According to court documents, Fiore paid a woman in Venezuela $600 to produce a video that depicted the sadistic abuse of a prepubescent child. After Fiore received that video, he paid the woman approximately $4,000 for another video, this time to kidnap “a slave,” show his brutal abuse, and kill him. Specifically, Fiore sent the woman a 600-word script with the details of what he wanted the video to show, including her hitting and kicking the victim, burning him with cigarettes, urinating and defecating on him, filling his mouth with feces, wrapping his head with plastic, and smothering him to death by sitting on his face. Fiore then received a 58-minute video, in which, at the end, the adult male victim appeared to be dead.
Also, according to court documents, in May 2019 Fiore possessed videos and other images depicting the sadistic sexual abuse of prepubescent minors.
Moraima Escarlet Vasquez Flores, 39, of Colombia, the woman accused of sending Fiore the videos and of conspiring with him to produce child pornography, is charged with conspiracy to murder and kidnap a person in a foreign country, conspiracy to produce child pornography, production of child pornography, and aiding and abetting the receipt of child pornography. Vasquez Flores was arrested in Colombia in September 2020, and Colombia recently approved her extradition to the United States. The charges against Vasquez Flores are merely allegations and she is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Trial Attorney Patrick Jasperse of the Criminal Division’s Human Rights and Special Prosecutions Section, Trial Attorney Eduardo Palomo of the Criminal Division’s Child Exploitation and Obscenity Section, and Assistant U.S. Attorney Barbara Masterson for the District of Vermont are prosecuting the case with the assistance of the Justice Department’s Office of International Affairs.
Former Nurse Sentenced to 27 Years in Prison for Murder for Hire, Conspiracy to Kidnap and Murder Person Overseas, and Child Pornography OffensesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Sean Fiore, 38, of Burlington, Vermont, was sentenced today in United States District Court in Burlington, Vermont to 27 years in prison following his guilty pleas to the following charges: murder for hire, conspiracy to kidnap and murder a person overseas, conspiracy to produce child pornography, and possession of child pornography. U.S. District Judge Christina Reiss also ordered Fiore to serve a lifetime term of supervised release, pay restitution to nine victims of his crimes, and to pay a $400 special assessment.
According to court records, in September 2018, Fiore, located in Vermont, communicated over WhatsApp with a woman who was in Venezuela. Both used aliases. The WhatsApp communications were about Fiore’s interest in purchasing a video depicting the torture of a kidnapped child, who was referred to as a “slave.” Fiore ultimately paid $600 in Amazon gift cards for the video. Fiore sent specific instructions on what abuse he wished to see inflicted on the child. On October 3, 2018, Fiore received a hyperlink to a video file depicting sadistic abuse of a prepubescent boy consistent with Fiore’s specifications.
Fiore and the woman subsequently used WhatsApp to discuss Fiore’s desire to purchase another video which showed the torture and killing of another kidnapped “slave.” Fiore sent specifications for the types of physical abuse, humiliation, and manner of death he wished to see in the video. In December 2018, Fiore agreed to pay $4,000 for the second video. In April 2019, Fiore received a hyperlink to a 58-minute video file depicting the requested sadistic abuse and possible death of an adult male.
Fiore also possessed videos and other images depicting minors engaging in sexually explicit conduct, including depictions of sadistic sexual abuse.
United States Attorney Nikolas P. Kerest said, “It is difficult to imagine more depraved conduct than that of Sean Fiore. We are grateful for the tremendous support and teamwork provided by Homeland Security Investigations and Vermont’s Internet Crimes Against Children Task Force during the investigation of this case. These investigators were indispensable in uncovering Fiore’s heinous crimes. We are also thankful for our Department of Justice partners, including the DOJ Human Rights and Special Prosecutions Section, the DOJ Child Exploitation and Obscenity Section, and the DOJ Office of International Affairs, who helped bring Fiore to justice. This office along with its partners will continue to prioritize protecting the vulnerable and prosecuting dangerous offenders such as Fiore.”
“The defendant paid for and scripted unspeakably vile and horrific videos of a child being tormented, and an adult sadistically abused,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “This prosecution, in partnership with the U.S. Attorney’s Office for the District of Vermont and Homeland Security Investigations, sends a clear message that these reprehensible acts will not go unanswered or unpunished.”
“Fiore committed some of the darkest, most heinous deeds humanity can imagine,” said Special Agent in Charge Matthew Millhollin for Homeland Security Investigations in New England. “Today’s sentence ensures that he will be locked away, unable to repeat the depraved crimes he has admitted to. We are grateful to our partners here in Vermont and around the world who worked tirelessly alongside us to investigate and prosecute this case.”
Moraima Escarlet Vasquez Flores, 39, of Colombia, the woman accused of sending Fiore the videos and of conspiring with him to produce child pornography, is charged with conspiracy to murder and kidnap a person in a foreign country, conspiracy to produce child pornography, production of child pornography, and aiding and abetting the receipt of child pornography. Vasquez Flores was arrested in Colombia on September 18, 2020, and the government is seeking her extradition to the United States. The charges against Vasquez Flores are merely allegations and she is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Barbara A. Masterson, Assistant U.S. Attorney for the District of Vermont, Patrick Jasperse, Trial Attorney with the Department of Justice’s Human Rights and Special Prosecutions Section, and Eduardo Palomo, Trial Attorney with the Department of Justice’s Child Exploitation and Obscenity Section, represent the government. Maryanne E. Kampmann, Esq. and Robert L. Sussman, Esq. of Stetler, Allen, Kampmann & Sussman, PLLC, represent Fiore.
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.The United States and Practice Fusion, Inc. Resolve Allegations of Violations of Practice Fusion’s Deferred Prosecution AgreementRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that it has resolved allegations that Practice Fusion, Inc. violated the terms of its deferred prosecution agreement (“DPA”). On January 27, 2020, the United States Attorney announced a resolution of criminal charges against Practice Fusion in connection with Practice Fusion’s role in soliciting and receiving kickbacks in return for embedding electronic prompts in its electronic medical record (“EMR”) to influence the prescribing of opioid medications. As part of that resolution, the United States Attorney and Practice Fusion executed a DPA pursuant to which Practice Fusion was to maintain an Oversight Organization for the duration of the DPA.
According to court documents, the United States Attorney alleged that Practice Fusion failed to comply with the terms of its DPA. Specifically, the United States Attorney alleged that Practice Fusion failed to: (1) retain a new Oversight Organization following the resignation of its previous Oversight Organization; (2) provide its previous Oversight Organization with adequate access to information and witnesses to discharge its oversight responsibilities; and (3) pay for certain expenses incurred by the Oversight Organization. Practice Fusion denied that it had failed to comply with the terms of the DPA. On March 18, 2022, the parties resolved the dispute. As part of the resolution, the term of Practice Fusion’s DPA shall be extended by eleven weeks and Practice Fusion shall pay a fine of $200,000.
“Compliance with oversight obligations after resolution of cases with the Department of Justice is critically important, and companies under corporate integrity agreements, non-prosecution agreements, and deferred prosecution agreements must assiduously adhere to those responsibilities,” said U.S. Attorney Nikolas P. Kerest. “This office will not tolerate failure to comply with oversight obligations, which provide the Department and citizens assurance that corporate wrongdoers have cleaned up their acts.”
The DPA is pending in the District of Vermont and the case is captioned United States of America v. Practice Fusion, Inc., No. 2:20-cr-11 (D. Vt.)
PF DPA Settlement AgreementThe Government is represented by Owen C.J. Foster and Michael P. Drescher of the United States Attorney’s Office for the District of Vermont. Practice Fusion is represented by Laura Hoey, Christine Moundas, and Patrick Welsh of the law firm Ropes & Gray, LLP.
The government’s claims are allegations only, and there has been no determination of liability as part of this resolution.
Armed Drug Trafficker Sentenced to Three Years in PrisonRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Ramzi Kori, 21, of Burlington, Vermont, was sentenced today to serve three years in prison after his convictions for possession with intent to distribute heroin and for being a felon in possession of a firearm. United States District Judge Christina Reiss also ordered Kori to serve a three-year term of supervised release after his incarceration. Kori may face additional incarceration for a probation violation that is pending in Saratoga County, New York.
According to court records, on July 6, 2021, law enforcement conducted a traffic stop on a Land Rover, seeking to arrest the registered owner of the vehicle who had an outstanding federal arrest warrant. Kori was determined to be the sole occupant of the vehicle. A Burlington Police K-9 alerted to the vehicle, resulting in a search of the Land Rover. In bags located on the front passenger seat, agents found 6,850 bags of fentanyl-laced heroin, a loaded 9 mm Sig Sauer handgun, and $2,500 cash. An examination of Kori’s finances determined that at the time of his arrest, Kori had over $50,000 in various financial accounts. Government witnesses reported that Kori had been dealing heroin in the Burlington area since 2020.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Drug Enforcement Administration and the Burlington Police Department, as well as the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Assistant United States Attorney Jonathan A. Ophardt handled the prosecution. Kori was represented by Brooks McArthur, Esq.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders works together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. For more information, please visit https://www.justice.gov/psn
Winooski Woman Charged with Distribution of MethamphetamineRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that Julie Overfield, 62, of Winooski, Vermont was arrested Wednesday during the execution of a search warrant at her residence. Overfield was charged by criminal complaint with Distribution of Methamphetamine. Overfield is scheduled to appear on Monday before United States Magistrate Judge Kevin J. Doyle.
According to court records, law enforcement used a confidential source to purchase methamphetamine from Overfield in early March. A federal search warrant was granted to search Overfield’s apartment, from which law enforcement seized approximately 27 grams of suspected cocaine base, 64 grams of suspected cocaine, and 15 grams of suspected methamphetamine. Officers also located multiple digital scales and packaging materials.
The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Overfield is presumed innocent until and unless convicted of a crime.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Drug Enforcement Administration and the Winooski Police Department.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Overfield is represented by the Federal Public Defender.
Two Men Face Federal Drug Charges After Multi-Agency Enforcement Operation at Rutland MotelRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that Daniel Ruiz, 34, of Springfield, Massachusetts, and Joel Ivan Caquias Aviles, 21, of Lebanon, Pennsylvania, were arrested Wednesday evening and charged yesterday by criminal complaint with Conspiracy to Distribute Controlled Substances. Both men are scheduled to appear before United States Magistrate Judge Kevin J. Doyle this afternoon.
According to court records, numerous federal, state, and local law enforcement agencies assisted in a Rutland City Police Department operation targeting drug trafficking that has been occurring at the Highlander Motel in Rutland, Vermont. Surveillance and interdiction efforts provided probable cause to search three rooms at the motel. When officers executed the search warrant on Room 15 of the Motel, Daniel Ruiz fled out the motel window. Ruiz was subsequently apprehended and found in possession of $1,700. Joel Ivan Caquias Aviles was detained in Room 15. During the search of the room, officers located approximately 37 grams of suspected cocaine base, 168 bags of suspected heroin, over $5,000, and a Glock 9-millimeter handgun. The investigation revealed that Ruiz and Caquias Aviles were using a juvenile to assist in their distribution of drugs to customers.
The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Ruiz and Caquias Aviles are presumed innocent until and unless convicted of a crime.
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, and the Vermont Department of Corrections.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Ruiz is represented by the Federal Public Defender. Caquias Aviles is represented by Devin McLaughlin, Esq.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. https://www.justice.gov/psn
Former UVM ER Doctor Sentenced to 100 Months of Imprisonment for Federal Child Pornography OffenseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on March 22, 2022, Eike Blohm, 39, of South Burlington, Vermont, was sentenced in United States District Court in Burlington, Vermont, to serve 100 months of imprisonment following his guilty plea to one count of possession of child pornography. U.S. District Judge Christina Reiss also ordered Blohm to serve a 12-year term of supervised release, to pay restitution to identified victims, and to pay a special assessment of $100. Blohm’s federal sentence of 100 months will run concurrently with the 80-to-82-month sentence of imprisonment Blohm received in Vermont state court as a result of his guilty pleas to lewd and lascivious conduct and voyeurism.
According to court records and proceedings, an employee at the University of Vermont Medical Center (UVM MC) discovered a camera hidden in a unisex employee bathroom in the Emergency Department. Investigators with the Chittenden Unit for Special Investigations (CUSI) recovered the camera and discovered approximately 1,300 videos on the camera. Approximately 900 videos depicted hospital employees in at least two bathrooms at UVM MC. Thereafter, CUSI investigators obtained a warrant to search Blohm’s residence in South Burlington, Vermont. Investigators seized numerous digital devices during that residential search. A search of the digital devices revealed the presence of child pornography, some of which depicted children under the age of twelve years old and sadistic and masochistic abuse against children.
U.S. Attorney Nikolas Kerest commended the investigative efforts of the Chittenden Unit for Special Investigations, Homeland Security Investigations, and the Vermont Internet Crimes Against Children Task Force.
Assistant U.S. Attorney Barbara A. Masterson handled the prosecution. Lisa B. Shelkrot of Langrock Sperry & Wool, LLP, represented Blohm.
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.
Burlington Man Appears in Federal Court on Bank Robbery ChargeRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on March 21, 2022, Malik Pratt, 24, of Burlington, Vermont was arrested and appeared in United States District Court in Burlington, Vermont for his initial appearance following the filing of a complaint which alleges that he robbed People’s United Bank in Burlington, Vermont on March 1, 2022.
According to the complaint, Burlington Police Department officers were dispatched to the People’s United Bank on North Avenue in Burlington, Vermont on March 1, 2022 at 10:06 a.m. following reports of a bank robber. Also, according to the complaint, bank employees stated that the robber threatened to shoot them and demanded cash. After acquiring cash, the robber fled the bank on foot, jumping over a fence near Ethan Allan Parkway to escape. The bank reported a total of $1,316 in U.S. currency stolen.
The criminal complaint lodged against Pratt contains accusations only, and the defendant is presumed innocent until and unless proven guilty. The defendant is scheduled to appear in U.S. District Court in Burlington for a detention hearing on March 23, 2022. The charged offense carries a maximum penalty of 20 years. Any actual sentence will be determined with reference to the Federal Sentencing Guidelines.
The Burlington Police Department and United States Bureau of Alcohol, Tobacco, Firearms and Explosives are jointly investigating the crime. Pratt is represented by Richard R. Goldsborough, Esq. The prosecutor is Assistant United States Attorney Paul Van de Graaf.
U.S. Attorney Nikolas P. Kerest commended the efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Burlington Police Department in their collaborative investigation of Pratt.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. https://www.justice.gov/psn
Armed Drug Trafficker Sentenced to 18 Months in PrisonRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Darren Johnson, aka “Buck,” 40, of St. Albans, Vermont, was sentenced today to serve 18 months in prison after his conviction for distribution of cocaine base. Chief United States District Judge Geoffrey Crawford also ordered Johnson to serve a three-year term of supervised release after his incarceration. Johnson may face additional incarceration for a probation violation that is pending in Dorchester, Massachusetts.
According to court records, Johnson sold fentanyl-laced heroin and cocaine base to confidential informants in late 2019 and early 2020. Burlington Police arrested Johnson on March 20, 2020, seizing over $5,000 in cash and drug trafficking paraphernalia. Johnson was cited to appear in Chittenden County Superior Court but failed to appear, resulting in the issuance of an arrest warrant. On July 18, 2021, a Franklin County Sheriff’s Deputy conducted a traffic stop of a vehicle that was in the wrong lane of a road in St. Albans. Johnson was a passenger in the vehicle and was arrested due to his failure to appear. A search of Johnson’s person resulted in the seizure of over $8,000 in cash. A consent search of the vehicle resulted in the seizure of cocaine base and a Glock Model 45 9mm firearm. The investigation by the Franklin County Sheriff’s Department determined that Johnson had obtained the firearm from one of his drug customers.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of both the Burlington Police Department and Franklin County Sheriff’s Office, as well as the assistance of the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Assistant United States Attorney Jonathan A. Ophardt handled the prosecution. Johnson was represented by Assistant Federal Public Defender Sara Puls, Esq.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders works together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. For more information, please visit https://www.justice.gov/psn.
Quebec Man Sentenced to 63-Month Prison Sentence for Role in International Cocaine ConspiracyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Chief United States District Judge Geoffrey Crawford today sentenced Georges Yaghmour, 40, of Quebec, to a 63-month period of incarceration upon Yaghmour’s conviction by guilty plea of conspiring to distribute and to possess with intent to distribute more than 500 grams of cocaine.
According to court records, in late 2019 Yaghmour travelled from Canada to a Burlington, Vermont, hotel where he and others met with an undercover DEA agent posing as a drug courier offering to bring cocaine from South America to Canada, through Vermont. Court records state that during this meeting Yaghmour stated that he and his partners were prepared to pay one million dollars in exchange for the delivery of 500 kilograms of cocaine. Eventually, other members of the conspiracy delivered more than $570,000 in partial payment for the DEA’s undercover delivery services, and DEA seized more than 300 kilograms of cocaine after it was delivered in South America for transport to Vermont.
An April 6, 2021 court filing contains the following photo of some of the cocaine that had been seized as part of this investigation:
On two occasions DEA arrested persons dispatched to pick up some of the cocaine on behalf of the Canadian purchasers, once in Vermont and once in Massachusetts. Court records show that after one courier failed to deliver the cocaine he was expected to retrieve, other members of the conspiracy kidnapped the courier’s grandparents and held them for ransom that included the quantity of cocaine they were expecting.
United States Attorney Nikolas P. Kerest commended the outstanding work of the agents and analysts supporting this investigation from the United States Border Patrol, and the Vermont and South American offices of the Drug Enforcement Administration, as well as the office of Homeland Security Investigations in Rouses Point, New York.
This investigation was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF seeks to identify, disrupt, and dismantle the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Yaghmour is represented by Michael Cohen, Esq., of Miami. The prosecutor is Assistant United States Attorney Michael P. Drescher.
Morrisville Man Sentenced to over 7 Years for Distributing Child PornographyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Cole Hess, 34, of Morrisville, Vermont, was sentenced today to serve 87 months in prison for distribution of a modified depiction of child pornography. United States District Judge Christina Reiss also ordered Hess to serve a 15-year term of supervised release after his incarceration.
According to court records and proceedings, the National Center for Missing and Exploited Children (NCMEC) received a report from a social media company that a user “IncestKyle” had uploaded child pornography to their platform. The images included children under the age of five engaged in sex acts with adults. NCMEC referred the report to the Vermont Internet Crimes Against Children Task Force (ICAC) because the IP addresses associated with the activity indicated the user “IncestKyle” was likely in Lamoille County, Vermont.
ICAC investigators determined the IP address information was associated with various businesses, including a laundromat and a fast-food restaurant in Lamoille County, and that the cell phone utilized to access an email account linked with the social media profile “IncestKyle” had been purchased with defendant Hess’ debit card. Bank records from Hess’ debit card showed purchases by Hess at the laundromat and fast-food restaurant around the times of the uploads of child pornography. ICAC investigators also linked photographs from the social media platform to Hess’ former residence in Johnson, Vermont. Hess subsequently admitted to using the social media account and having altered at least one of the images he distributed. At the time of the criminal conduct for which Hess was sentenced today, Hess was subject to probationary supervision for a prior conviction for Possession of Child Pornography in Vermont Superior Court and faces additional proceedings involving his violations of probation.
United States Attorney Nikolas P. Kerest commended the coordinated investigatory efforts of the Vermont Internet Crimes Against Children Task Force, the Department of Homeland Security’s Homeland Security Investigations, and the Office of the Vermont Attorney General in this matter.
Assistant United States Attorney Jonathan A. Ophardt handled the prosecution. Hess was represented by Assistant Federal Public Defender Steven Barth, Esq.
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.
Melvin Hill Charged with Selling FentanylRead the Press Release
The United States Attorney for the District of Vermont announced that Melvin Hill, 42, of the state of Georgia, appeared yesterday in United States District Court in Burlington on a criminal complaint charging him with distributing fentanyl. U.S. Magistrate Judge Kevin Doyle ordered that Hill be detained without bail pending trial, which has not been scheduled.
According to court records, in January 2022, a confidential source told law enforcement that it could buy narcotics from Hill. In February and March, this source made two controlled purchases of fentanyl from Hill in transactions that were recorded. Officers learned that Hill was staying at the Doubletree Hotel in South Burlington. They obtained a state court warrant to search Hill’s hotel room and the car he had been driving. Officers arrested Hill on March 10 and recovered a loaded pistol and crack cocaine from his person. In his car and hotel room, officers seized hundreds of folds of heroin, hundreds of pills containing fentanyl, powder cocaine, and methamphetamine. They also found around $13,000 in cash.
The United States Attorney emphasizes that the charges in the complaint are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty.
If convicted, Hill faces up to 20 years of imprisonment and a fine of up to $1,000,000. The actual sentence would be determined with reference to federal sentencing guidelines.
This case was investigated by the Drug Enforcement Administration and the Burlington Police Department.
Hill is represented by the office of the Federal Public Defender. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Swanton Woman Charged with Illegal Gun PossessionRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Misti-Lyn Morin, 42, of Swanton, Vermont, has been charged by criminal complaint in the United States District Court for the District of Vermont with being an unlawful user of a controlled substance who possessed firearms.
According to the complaint, Morin is addicted to cocaine base and, on February 1 and 2, 2022, possessed an Anderson Manufacturing rifle and a Beretta handgun at her River Street residence in violation of federal law. According to court filings, Morin has also admitted that cocaine base was being sold from her home in Swanton.
Court records indicate Morin was arrested on March 11. She had her initial appearance before United States Magistrate Judge Kevin J. Doyle this afternoon. Morin was ordered detained until a hearing on Thursday, March 17, during which the Court will consider the government’s motion for Morin to be detained pending trial.
The case is being investigated by the Vermont State Police.
Morin is represented by Karen Shingler, Esq., of Burlington. The prosecutor is Assistant United States Attorney Michael P. Drescher.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. See https://www.justice.gov/psn
Barre Couple Charged in Federal Court with Drug and Gun CrimesRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that David Tom, 37, and Tiffany Fisk, 32, who are married and both of Barre, Vermont, were arrested yesterday. A federal grand jury had previously charged Tom with unlawfully possessing a firearm as a convicted felon. The same grand jury returned an indictment alleging Fisk had distributed controlled substances on multiple occasions. The United States has requested that both Tom and Fisk remain detained pending trial.
According to court records, Tom and Fisk were both 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. At the time of the stop, both Fisk and Tom appeared to be under the influence of a stimulant. A K9 alerted on the vehicle, and officers observed drug paraphernalia in the vehicle. During a subsequent search, a small backpack was located in the rear of the vehicle near where Tom had been seated. A Hi Point .380 ACP semi-automatic handgun was inside the backpack. Also, drug paraphernalia for smoking cocaine base was in the same 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.
The grand jury’s indictment in Fisk’s case alleges she distributed fentanyl on two occasions in October of 2021 and distributed cocaine base on January 25, 2022.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Fisk and Tom remain presumed innocent until and unless convicted of a crime. Tom faces a maximum sentence of 10 years of imprisonment. Fisk faces a maximum sentence of 20 years of imprisonment.
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 Sheriff’s Office for their vital assistance in apprehending both Tom and Fisk.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Tom is represented by the Office of the Federal Public Defender. Fisk is represented by John Mabie, Esq.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. See https://www.justice.gov/psn
Jashawn Hunter Indicted for Firearms and Drug Trafficking OffensesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated Jashawn Hunter, 34, of Hartford, Connecticut, was indicted on Thursday, February 24 by a federal grand jury with two charges of unlawful possession of firearms and one charge of possessing narcotics with intent to distribute them. Hunter is currently detained on related state charges. He has not yet been scheduled to appear in federal court. The government has moved for Hunter’s continued detention pending trial.
According to court records, Hunter was arrested following an investigation into a brutal beating that occurred in St. Johnsbury in September 2021. Hunter had been staying at the victim’s residence to conduct drug trafficking activities. When Hunter learned that the victim no longer wanted Hunter to stay there, Hunter beat the victim with a revolver and with his fists. The victim, who suffered a fractured cheekbone and received stitches for his injuries, ultimately escaped out a bathroom window. Approximately a week later, law enforcement located Hunter, who threw a bag he had been carrying before he was apprehended. Within the bag were approximately 4.7 grams of fentanyl, approximately 32 grams of cocaine base, a scale, and a Smith and Wesson .45 caliber handgun. Law enforcement also recovered the gun Hunter is believed to have used in the beating: a Smith and Wesson .38 caliber revolver. Hunter is prohibited from possessing firearms due to his criminal history.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Hunter remains presumed innocent until and unless he is convicted of a crime. If convicted, Hunter faces up to 20 years imprisonment on the drug trafficking count and up to 10 years imprisonment on each firearms count. Any actual sentence would be determined by the Court with reference to the advisory Federal Sentencing Guidelines and the United States Code.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Vermont State Police and St. Johnsbury Police Department and collaboration with the Caledonia County State’s Attorney’s Office in this matter. “The United States Attorney’s Office remains focused on apprehending violent criminals and keeping our communities safe. We will continue to collaborate with our local, state, and federal law enforcement partners to both address potential violence before it occurs and to hold individuals accountable for criminal conduct with firearms.”
The United States is represented in this matter by Assistant U.S. Attorneys Eugenia A.P. Cowles and Nicole P. Cate. Attorney information for defendant Hunter is not yet available.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. See https://www.justice.gov/psn
Two Swanton Men Charged with Illegal Possession of FirearmsRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that yesterday the Grand Jury in Burlington returned indictments charging Jesse Sweet, 26, and Eric Raymond, 31, both of Swanton, with unlawful possession of firearms. The investigation is being led by Vermont State Police, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, as well as the Swanton Police Department and the Franklin County Sheriff’s Department.
Sweet is charged with possessing a Ruger .308 rifle while he was an unlawful user of controlled substances and after having been convicted of a misdemeanor crime of domestic violence. Court records explain that in or about December 2021, Sweet traded a snowmobile for that rifle.
Raymond is charged with possession of an Anderson Manufacturing AM-15 rifle after having been convicted of a crime punishable by a term of imprisonment exceeding one year. Court records explain that on February 2, 2022, police observed Raymond driving an ATV toward the back portions of his Swanton residence. Police followed those tracks, which led to footprints, which led to the firearm below an abandoned vehicle.
The indictments are accusations only, and both men are presumed innocent until and unless they are convicted beyond a reasonable doubt.
Both men were arrested last Friday, February 11. United States Magistrate Judge Kevin J. Doyle has ordered that both men be detained pending trial.
Sweet and Raymond are scheduled to be arraigned on the indictments next Friday, February 25. Sweet is represented by Steven Barth of the Federal Public Defender’s office. Raymond is represented by Robert Behrens. Assistant United States Attorney Michael Drescher is the prosecutor.
These cases are being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
https://www.justice.gov/psn