District of Vermont
Press releases recorded for this federal judicial district.
Robert Renner Charged for Unlawfully Possessing a FirearmRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Robert Renner, 49, of Burlington, Vermont, was charged today by criminal complaint with unlawfully possessing a firearm as a convicted felon. Renner is scheduled to appear on the charge before U.S. Magistrate Judge Kevin J. Doyle on Monday, October 18, 2021.
According to court records, Renner was found in possession of four firearms during the execution of a Vermont state search warrant on October 13, 2021. State law enforcement with the assistance of agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives searched Renner’s camper vehicle which was parked on Sears Lane in Burlington. The search of Renner’s camper also yielded ammunition and suspected controlled substances. Renner is prohibited from possessing firearms under federal law due to his criminal record.
If convicted of the charge alleged in the complaint, Renner faces a maximum sentence of ten years of imprisonment and a $250,000 fine. The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The Acting United States Attorney emphasizes that the charge in the criminal complaint is merely an accusation, and that the defendant is presumed innocent unless and until he is proven guilty.
The United States is represented in this matter by Assistant U.S. Attorney Paul Van de Graaf. Assistant Federal Public Defender Sara M. Puls represents the defendant.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian and other law enforcement partners: the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; and the Winooski Police Department. For more information about Project Guardian, please see http://www.justice.gov/projectguardian/.
Former Nurse Pleads Guilty to 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, 37, of Burlington, Vermont, pleaded guilty on October 14, 2021, in United States District Court in Burlington, Vermont, to: 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 set a sentencing date of March 1, 2022.
In his plea agreement with the government, Fiore admitted to the following:In September 2018, Fiore, in Vermont and using the alias “Marcus,” had communicated over WhatsApp with co-defendant Moraima Escarlet Vasquez Flores in Venezuela who was using the alias “Johana,” about Fiore’s interest in purchasing a video from Vasquez Flores depicting the kidnapping and torture of a “slave.” Vasquez Flores agreed to make the video to Fiore’s specifications for $600, which Fiore ultimately delivered in the form of Amazon gift cards. Fiore and Vasquez Flores discussed that Vasquez Flores was going to use a child to make the video. On October 3, 2018, Vasquez Flores sent Fiore a hyperlink to a video file, depicting sadistic abuse of a prepubescent boy consistent with Fiore’s specifications. In the video, Vasquez Flores inflicted pain on the child for the sexual arousal of the viewer of the video.
Fiore and Vasquez Flores subsequently used WhatsApp to discuss Fiore’s desire to purchase another video from Vasquez Flores which showed Vasquez Flores torturing and killing a “slave” she would kidnap in her home country of Venezuela. Vasquez Flores told Fiore that she intended to kidnap a slave by enticing a man to leave with her from a party with the promise of sex. Fiore sent Vasquez Flores 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 Vasquez Flores $4,000 for the second video. In April 2019, Vasquez Flores sent Fiore a hyperlink to a 58-minute video file depicting the requested sadistic abuse and possible death of an adult male.
At sentencing, Fiore faces up to 20 years of imprisonment for murder for hire; up to 10 years of imprisonment for possession of child pornography; up to lifetime imprisonment for conspiring to kidnap or murder a person in a foreign country; and up to 30 years of imprisonment with a mandatory minimum term of 15 years for conspiracy to produce child pornography. The Court will determine Fiore’s ultimate sentence after considering the advisory United States Sentencing Guidelines, the sentencing factors set forth at 18 U.S.C. § 3553(a), and the impact of the mandatory minimum prison terms applicable to any count of conviction.
The woman who sent Fiore the videos, Vasquez Flores, 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 pursuant to an Interpol Red Notice on Sept. 18, 2020. The United States is seeking her extradition from Colombia to the United States to face these charges. An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Acting U.S. Attorney Jonathan A. Ophardt makes this announcement with Kenneth A. Polite, Jr., Assistant Attorney General of the Justice Department’s Criminal Division, and Matthew Millhollin, Special Agent in Charge, Homeland Security Investigations (HSI), Boston. Acting U.S. Attorney Ophardt commended the efforts of Homeland Security Investigations and the Vermont Internet Crimes Against Children Task Force, and is grateful for the expertise contributed to the prosecution by the Department of Justice (DOJ) Human Rights and Special Prosecutions Section, DOJ Child Exploitation and Obscenity Section, and DOJ Office of International Affairs.
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.Scott Phillips Indicted for Unlawfully Possessing a FirearmRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Scott Phillips, 36, of Mechanicville, New York, was arraigned today after having been indicted by the grand jury for unlawfully possessing a firearm as a convicted felon. Phillips pleaded not guilty at today’s hearing. U.S. Magistrate Judge Kevin J. Doyle ordered Phillips detained pending further proceedings.
According to court records, Phillips possessed a loaded pistol in Winooski, Vermont, on July 16, 2021. Officers encountered Phillips that day when responding to a call about a suspicious vehicle. Phillips attempted to drive away when a police officer approached him, dragging the officer a short distance. A search of Phillips’ car yielded a pistol, ammunition, and suspected controlled substances. Phillips is prohibited from possessing firearms under federal law due to his criminal record.
If convicted of the charge alleged in the federal indictment, Phillips faces a maximum sentence of ten years of imprisonment and a $250,000 fine. The actual sentence however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The Acting United States Attorney emphasizes that the charge in the indictment is merely an accusation, and that the defendant is presumed innocent unless and until he is proven guilty.
The United States is represented in this matter by Assistant U.S. Attorney Spencer Willig. Federal Public Defender Michael L. Desautels and Assistant Federal Public Defender Sara M. Puls represent the defendant.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian and other law enforcement partners: the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; and the Winooski Police Department. For more information about Project Guardian, please see http://www.justice.gov/projectguardian/
Cocaine Base Distribution Charges Filed Against Two Defendants Operating in Burlington, VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Tyrish Stevenson, also known as “Skip,” 47, and Christopher Rivers, also known as “Q,” 27, both of Brooklyn, NY appeared today in United States District Court in Burlington for an arraignment on a two-count indictment charging them with the distribution of cocaine base.
According to court documents, the Burlington Police Department, with the assistance of the U.S. Drug Enforcement Administration, conducted an investigation into multiple individuals engaged in the distribution of narcotics in Burlington, Vermont. The Burlington Police Department conducted purchases of cocaine base from Stevenson and Rivers in September 2021.
On September 23, 2021, the Burlington Police Department and the Drug Enforcement Administration, arrested Stevenson and Rivers and executed a Vermont state search warrant at an apartment that Stevenson and Rivers had been using in Burlington, Vermont. In the apartment, law enforcement seized over 40 grams of cocaine base and over 18 grams of fentanyl as well as a Mossberg .410 shotgun and a Savage Arms .22 long rifle.
Stevenson and Rivers initially appeared before a federal Judge at U.S. District Court in Burlington on September 24 and September 27, 2021 respectively, for their initial appearances on criminal complaints and were subsequently ordered detained pending trial.
The charges against Stevenson and Rivers are merely accusations and the defendants are presumed innocent unless and until they are proven guilty.
Stevenson is represented by Assistant Federal Public Defender Steven L. Barth. Rivers is represented by Kevin M. Henry, Esq. Assistant U.S. Attorney Andrew C. Gilman represents the United States.
Giovanni Joseph Indicted for Bank Fraud Scheme Using Stolen MailRead the Press Release
The Acting United States Attorney for the District of Vermont announced that Giovanni Joseph, 34, formerly of Dix Hills, New York, pleaded not guilty today to bank fraud and mail theft charges. U.S. Magistrate Judge Kevin J. Doyle ordered Joseph detained pending further proceedings.
On February 25, 2021, a federal grand jury in Burlington returned a 10-count indictment alleging that Joseph stole checks from the mail, which Joseph allegedly cashed or attempted to cash at various banks around Vermont. The indictment’s forfeiture notice further alleges that Joseph obtained at least $2,590 in cash through this bank fraud scheme.
Joseph faces a maximum sentence of 30 years in prison and a $1,000,000 fine if convicted of bank fraud in violation of 18 U.S.C. § 1344, and a maximum sentence of five years if convicted of possessing stolen mail matter in violation of 18 U.S.C. § 1708. His actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.
Acting United States Attorney Jonathan A. Ophardt commended the investigatory efforts of the United States Postal Inspection Service.
Joseph is represented by Assistant Federal Public Defenders David L. McColgin and Sara M. Puls. The prosecutor is Assistant U.S. Attorney Spencer Willig.
Arrest Made in Armed Robbery of South Burlington PharmacyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Johny Bixby, 35, of Addison, Vermont, was charged by criminal complaint in United States District Court in Burlington, Vermont, with one count of obstruction of commerce by robbery and one count of using a firearm during and in relation to a crime of violence. Bixby, who is currently detained, will make his initial appearance to answer the complaint in federal court on October 7, 2021. At that hearing, U.S. Magistrate Judge Kevin J. Doyle will also hear the government’s motion for pretrial detention.
According to court records, on October 4, 2021, Bixby entered the Kinney Drugs on Williston Road in South Burlington, Vermont. He went to the pharmacy section of the store and, while pointing a handgun at the two employees, demanded that they give him hydromorphone tablets. After receiving the tablets, Bixby put them in his pocket and fled the store. The following day, after members of the public identified Bixby as the robber in response to the South Burlington Police Department’s request for assistance, Bixby was arrested in Hinesburg, Vermont. At the time of his arrest, Bixby was in possession of a handgun. When questioned by law enforcement, Bixby admitted to robbing the Kinney Drugs and using a gun to do so.
Acting U.S. Attorney Jonathan A. Ophardt emphasized that the defendant is presumed innocent until and unless proven guilty. As charged, Bixby faces a mandatory minimum of 5 years of imprisonment and a maximum sentence of life imprisonment. If convicted, Bixby’s sentence will be determined by the Court based upon the advisory United States Sentencing Guidelines and the application of any mandatory minimum prison terms associated with the count of conviction.
Acting U.S. Attorney Ophardt commended the coordinated and swift investigatory efforts of the South Burlington Police Department and the Federal Bureau of Investigation (FBI), as well as the crucial assistance of the Hinesburg Police Department, the Colchester Police Department, the Burlington Police Department, and the Vermont State Police.
Assistant U.S. Attorney Barbara A. Masterson is handling the prosecution of Bixby. Bixby will be represented by the Federal Public Defender’s 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 For more information, visit https://www.justice.gov/psn
South Royalton Man Sentenced to 19 Months Imprisonment for Firearms OffenseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on October 4, 2021, Jeremy Digby, 41, of South Royalton was sentenced by U.S. District Court Judge Christina Reiss to 19 months’ imprisonment and three years of supervised release, which will follow the term of imprisonment. Digby also agreed to forfeit the firearms recovered from his residence. Digby had previously pled guilty to being a user in possession of firearms, which carried a maximum sentence of up to 10 years imprisonment.
According to court records, before Digby’s arrest in October 2020, law enforcement had received regular complaints from citizens about Digby’s drug use and about gunshots coming from the area of Digby’s residence. On October 2, 2020, law enforcement executed a search warrant at Digby’s residence in South Royalton. During the search, law enforcement recovered evidence of drug use and 43 firearms, including a high-powered weapon. On October 12, 2020, law enforcement went back to Digby’s residence to arrest him on the federal indictment. At that time, investigators recovered two additional firearms. In a post-arrest statement, Digby told law enforcement that for the past couple of years, he had regularly used and sold methamphetamine.
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
This matter was investigated by the Southern Vermont Drug Task Force and ATF. This case was prosecuted on behalf of the government by Assistant U.S. Attorney Wendy L. Fuller. Digby was represented by Assistant Federal Public Defender Steven Barth.
Oklahoma Man Charged with Conspiracy to Commit Money LaunderingRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Romain Green, 32, of Oklahoma City, was arraigned today upon an indictment charging him with conspiracy to commit money laundering. The indictment alleges that Green and others conspired to engage in financial transactions involving wire fraud proceeds and that the financial transactions were designed to conceal the nature, location, source, and ownership of the criminal proceeds.
The Grand Jury in Vermont returned its indictment charging Green with this offense on March 25, 2021. Green was arrested on September 23 in Minnesota, where he was detained over the weekend before being released on September 27.
According to the indictment, Green and others distributed and received information regarding various bank accounts, including how to utilize those accounts for purposes of receiving crime proceeds. The indictment is an accusation only. The defendant is presumed innocent unless proven guilty.
United States Magistrate Judge Kevin J. Doyle ordered Green released on conditions, and granted Green’s lawyers 90 days for the filing of pre-trial motions.
The case was investigated by the Federal Bureau of Investigation. The prosecutor is Assistant United States Attorney Michal Drescher. Green is represented by David McColgin of the Federal Public Defender’s office and Laura Wilson, Esq. of Lyndonville, Vermont.
Vermont Resident Charged with Illegally Buying Firearm for Plattsburgh FelonRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that a Vermont resident has been indicted by a Burlington grand jury for her role straw-purchasing a firearm. Marissa Byrd, age 29, of Burlington was arraigned today before United States Magistrate Judge Kevin J. Doyle on an indictment charging her with providing false information to a federally licensed firearm dealer while purchasing a firearm in March of 2021. At the conclusion of the arraignment today, Byrd was released on conditions of supervision pending further proceedings.
The indictment alleges that on March 20, 2021, Byrd falsely informed a firearms dealer, Parro’s Gun Shop in Waterbury, that she was purchasing a 9-millimeter firearm for herself when she was actually purchasing the firearm for another person. This kind of illegal firearm transaction is commonly known as a “straw purchase.” The firearm Byrd purchased in March 2021 was seized by law enforcement seventeen days later during a search of the home of Thomas Caves in Plattsburgh, New York. At the time of the search, Caves was on parole and being supervised by the State of New York for a 2020 felony burglary conviction in Connecticut. Caves is currently charged by a federal criminal complaint in the Northern District of New York for possessing the firearm after having been convicted of a crime punishable by imprisonment for more than one year.
The charge in the indictment brought against Byrd is an accusation only, and she is presumed innocent until and unless proven guilty in further proceedings. If convicted of the crime of making a false statement to a licensed dealer of firearms during the purchase of a firearm in violation of 18 U.S.C. § 922(a)(6), Byrd would face a maximum possible penalty of 10 years in prison and a fine of up to $250,000. The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.
Acting United States Attorney Jonathan A. Ophardt commended the coordinated investigatory efforts of Homeland Security Investigations in both the District of Vermont and the Northern District of New York and the Plattsburgh Police Department.
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. More information about the program can be found at https://www.justice.gov/psn.
The United States is represented in this matter by Assistant U.S. Attorney Matthew J. Lasher. Marissa Byrd is represented by David Kirby, Esq.
Michigan Man Pleads Guilty to Threatening GHUHS StudentsRead the Press Release
The Office of the United States Attorney for the District of Vermont stated Jason Graham, 24, of Holland, Michigan, pled guilty today to making a 2019 threat over Facebook to “shoot up” Green Mountain Union High School located in Chester, Vermont.
According to court documents, in February 2019, Jason Graham became engaged in an on-line dispute on Facebook with a group of Vermont high school students. During the course of the dispute, on February 4, 2019, Graham made threats via Facebook to “shoot up” the students’ school. On February 7, 2019, as the on-line dispute continued, Graham arranged for an associate to call the Vermont students’ high school and state that he had placed a bomb inside the school and had sharpshooters outside the building.
At the plea hearing, the government noted that more than half the GMUHS student body skipped school in response to Graham’s February 4, 2019 Facebook threat, and that the subsequent bomb threat to GMUHS drew a massive law enforcement response.
According to court documents, at the time Graham orchestrated the threats, Graham was under the supervision of Michigan authorities for prior felony convictions. Shortly after the threats were tracked to Graham, authorities in Michigan confronted Graham at his residence and found him unlawfully possessing a firearm. Graham was then arrested and convicted of a Michigan firearm violation, and recently completed his minimum state term of incarceration for that conviction.
According to the terms of the federal plea agreement, in exchange for admitting to a violation of 18 U.S.C. § 875(c), which prohibits the making of threats in interstate commerce, Graham will receive a sentence of no more than one year and one day. Graham will remain detained pending sentencing.
Acting U.S. Attorney Jonathan A. Ophardt thanked Chester Police Department, the Vermont State Police, the Vermont Intelligence Center, and the Federal Bureau of Investigation’s Joint Terrorism Task Force for their investigation of the case. Assistant U.S. Attorneys Eugenia A. P. Cowles and Michael P. Drescher are prosecuting the case. Assistant Federal Public Defender David McColgin represents Graham.
Cody Ahonen Charged with Firearm OffenseRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Cody Ahonen, 28, of Mt. Holly, was arrested by agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives on September 20, 2021. Ahonen made his initial appearance today before U.S. Magistrate Judge Kevin J. Doyle in Burlington. At the conclusion of the hearing, Ahonen was ordered detained pending trial.
According to a federal criminal complaint filed on September 21, 2021, Ahonen was prohibited by federal law from possessing firearms due to a previous conviction for a misdemeanor crime of domestic violence, specifically, a 2012 domestic assault conviction in Vermont state court. On September 15, 2021, Ahonen’s girlfriend, Brittany Bouthiette, died of a gunshot wound sustained in a parked vehicle in Killington, Vermont. Ahonen informed law enforcement the wound was self-inflicted by Bouthiette. The gun used in that incident belonged to Ahonen and Ahonen possessed the gun before Bouthiette’s death. After Bouthiette was shot, Ahonen attempted to throw the gun into the woods. Vermont State Police responded to the scene of the shooting. In a roadside ditch, troopers located a Glock pistol. Beneath the vehicle, troopers located a quantity of suspected cocaine base. Inside the vehicle, troopers located an additional pistol, a rifle, a quantity of powder cocaine, hundreds of rounds of ammunition, a digital scale with white residue, and approximately $10,000 in U.S. currency.
The charge in the criminal complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty. If convicted of possessing a firearm having been previously convicted of a misdemeanor crime of domestic violence, in violation of 18 U.S.C. § 922(g)(9), Ahonen faces a maximum sentence of 10 years imprisonment and up to a $250,000 fine. The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.
Acting United States Attorney Jonathan A. Ophardt commended the coordinated investigatory efforts of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Vermont State Police.
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
The United States is represented in this matter by Assistant U.S. Attorney Wendy L. Fuller. Cody Ahonen is represented by attorneys with the Federal Public Defender’s Office.
10-Year Sentence for Barre Man Who Sexually Exploited a Child over the InternetRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Alexander Chase, 25, of Barre, Vermont, was sentenced today to serve 121 months in prison, followed by a 20-year term of supervised release, for child exploitation crimes, including obtaining images from a child victim and distributing them to others via email. United States District Judge William K. Sessions also ordered Chase to pay $3,000 of restitution to the victim of the offense.
According to court records and proceedings, in the summer of 2019, Chase posed as a 14-year-old boy on a child chat website. Chase began corresponding with a 10-year-old girl from Pennsylvania on the chat platform, eventually transitioning to the use of email. Chase sent the girl a photo of his own genitalia and asked for images of her genitalia in return. In response, the 10-year-old child sent pictures of her vagina. Chase then asked the girl for her to pose in a particular manner using a marker or pen as a sexual implement, which led the girl to respond with a picture of herself engaged in conduct similar to what Chase had requested. During the email correspondence, Chase asked the girl if she would be able to get to Vermont and meet him at his location to engage in sexual contact.
Chase’s emails led to a notification by the email service provider to the National Center for Missing and Exploited Children. NCMEC notified the Vermont Internet Crimes Against Children task force, who in turn notified Homeland Security Investigations in Derby, Vermont. HSI obtained a search warrant for Chase’s email account, and through its contents and other investigative steps, determined Chase was the likely user of the account. The email contents revealed Chase had distributed the child pornography of the 10-year-old child to others. Chase also had received additional images of child pornography through his email account.
HSI’s investigation revealed Chase was living at a residence in Barre, Vermont. On September 18, 2020, HSI executed a search warrant at Chase’s residence, resulting in the seizure of electronics which were subsequently determined to contain additional child pornography. The electronic devices also had evidence corroborating that Chase had enticed the 10-year-old victim to send the images. At the time of the criminal conduct for which Chase was sentenced today, Chase was subject to probationary supervision for a prior conviction for Lewd and Lascivious Conduct in Caledonia County, Vermont related to the sexual abuse of young children.
Acting United States Attorney Jonathan A. Ophardt commended the coordinated investigatory efforts of the Department of Homeland Security’s Homeland Security Investigations, the Vermont Internet Crimes Against Children Task Force, and the Office of the District Attorney of Butler County, Pennsylvania in this matter. “Online sexual predators who exploit children through deceit and manipulation cause significant harm to the children they victimize. These criminals may not leave behind physical scars, but they nonetheless leave wakes of trauma, necessitating substantial therapy and support to assist survivors in their recovery. Once disseminated on the internet, these images are often shared over and over, exacerbating the victimization that these children experience.”
“Chase deceived and coerced a child to obtain exploitative imagery. With our partners on the Vermont Internet Crimes Against Children task force, HSI is working to protect our children online and ensure those who seek to prey on them face consequences,” said Matthew Millhollin, Special Agent in Charge for the Homeland Security Investigations’ Boston Field Office.
Acting United States Attorney Jonathan A. Ophardt handled the prosecution. Chase 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.
Man Charged with Robbing Wallingford Convenience Store at KnifepointRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Joey Miles Sherwood, 31, of Center Rutland, Vermont, was arrested yesterday for the August 1, 2021 knifepoint robbery of the Cumberland Farms convenience store in Wallingford, Vermont. Sherwood will be appearing this afternoon before United States Magistrate Judge Kevin J. Doyle for his Initial Appearance after he was charged by Criminal Complaint with Interference with Commerce by Robbery, in violation of 18 U.S.C. § 1951. Sherwood is currently detained pending his initial appearance, and the government has requested his detention pending trial.
According to court records, on August 1, 2021, Sherwood is alleged to have entered the Cumberland Farms in Wallingford, retrieved a soda from a drink cooler, approached the cashier, and asked for two packs of cigarettes. As the cashier rang up the sale, Sherwood allegedly produced a knife and demanded money. The robbery netted $156 in cash, and $21 in merchandise. Sherwood is the suspect in five additional knifepoint robberies of convenience stores in Rutland and Addison counties that occurred in July and August of 2021.
Court records reflect that Sherwood is on conditions of pretrial release for a 2020 arrest in New Hampshire for Attempted Felonious Sexual Assault, for a March 2021 arrest in Rutland County for Burglary and Possession of Stolen Property, and for a May 2021 arrest in Addison County for Aiding in the Commission of a Burglary.
The United States Attorney’s Office emphasizes that the charge against Sherwood is merely an accusation and that he is presumed innocent unless and until proven guilty.
If convicted of the charged offense, Sherwood could face up to twenty years in prison, up to a $250,000 fine, and a period of federal supervised release. Any sentence will be formulated through consultation of the United States Sentencing Guidelines and consideration of Sherwood’s personal history and characteristics.
Acting United States Attorney Jonathan A. Ophardt commended the investigative efforts of the Federal Bureau of Investigation and the Vermont State Police, and the coordination and assistance provided by the Brandon Police Department, the Middlebury Police Department, and the Rutland City Police Department.
Acting United States Attorney Jonathan Ophardt is prosecuting the case for the government. Sherwood has not yet retained or been appointed counsel.
Michael Gonzalez Indicted for Stealing Five Tesla Vehicles Worth over $600,000 – Including a Tesla that Burned on Lake ChamplainRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Michael A. Gonzalez, 32, of Colchester, Vermont appeared today in federal court after being charged with five counts of possessing and selling stolen motor vehicles. Gonzalez was ordered detained by United States Magistrate Judge Kevin J. Doyle pending a detention hearing next week.
According to the indictment filed in the case, between September 2018 and January 2021, Gonzalez obtained five Tesla vehicles worth a total of approximately $607,000 from dealerships in New Jersey, New York, Massachusetts, and Florida. For each vehicle, Gonzalez made an initial payment of approximately $2,500, and then arranged for electronic funds transfers to cover the balance of the vehicle’s price from accounts with insufficient funds or from fictitious accounts. Gonzalez took delivery of the vehicles from Tesla before Tesla discovered his failure to complete the final payments. Gonzalez resold or attempted to resell four of the five vehicles. Gonzalez was never issued the necessary paperwork to resell the fifth vehicle, which subsequently burned on a frozen portion of Shelburne Bay on February 24, 2019. Gonzalez attempted to claim insurance funds for the value of this burned Tesla, but the insurance claim was denied.
On August 26, 2021, a federal Grand Jury sitting in Burlington, Vermont returned a five-count indictment against Gonzalez for the sale and possession of stolen motor vehicles. If convicted, Gonzalez faces up to ten years in custody on each count. The actual sentence would be determined in relation to the Federal Sentencing Guidelines with consideration of the nature and circumstances of the offense and Gonzalez’s personal history. The Acting United States Attorney noted that the charges in the indictment are merely accusations, and that the defendant is presumed innocent unless proven guilty.
Acting U.S. Attorney Jonathan A. Ophardt credited the United States Secret Service and the Vermont Department of Motor Vehicles – Enforcement and Safety Division for their work investigating the matter.
The United States is represented in this matter by Assistant U.S. Attorney Jeffrey W. Davis. Chandler Matson, Esq. represents the defendant.
Two Sentenced in Connection with Drug Trafficking in Brattleboro, VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Jorge Delaoz, 52, of Brattleboro, Vermont, and Matthew Sinclair, 25, of Dorchester, Massachusetts, have been sentenced in connection with their drug trafficking activities at 50 Central Street in Brattleboro, Vermont. On April 13, 2021, Delaoz was sentenced to serve 40 months in prison by Chief Judge Geoffrey Crawford in United States District Court in Rutland, Vermont. On August 24, 2021, Sinclair was sentenced to serve 18 months in prison by Chief Judge Crawford. Both Delaoz and Sinclair were sentenced to three-year terms of supervised release to follow imprisonment. Previously, Delaoz had pleaded guilty to two counts of distribution of fentanyl, and Sinclair had pleaded guilty to possession of cocaine base with intent to distribute.
According to court records and proceedings, Delaoz and Sinclair each distributed fentanyl, heroin, and cocaine base from 50 Central Street in the early months of 2020. Delaoz, who had also distributed fentanyl elsewhere in Brattleboro in 2019, engaged in this continued drug trafficking despite knowing of a fatal opioid overdose that occurred in late 2019 within yards of 50 Central Street. In March 2020, law enforcement executed a search warrant at the 50 Central Street residence. Delaoz jumped out a window of the residence and attempted to flee from officers. Sinclair was found attempting to flush approximately 38 grams of cocaine base down the toilet. During the search, officers located a handgun and a magazine containing live rounds near a key fob that belonged to Sinclair, all concealed within the wall of the bedroom where Delaoz was staying. Delaoz has been detained in federal custody throughout the proceedings. Sinclair was initially released on conditions but detained in July of 2020 after he was arrested in Texas for a new drug offense.
Acting United States Attorney Jonathan A. Ophardt commended the efforts of the Federal Bureau of Investigation, the Vermont State Police Southern Vermont Drug Task Force, and the Brattleboro Police Department in this matter. “Illicit drug trafficking fosters violence and the peddled poisons destroy the fabric of our communities. The United States Attorney’s Office will continue to target armed drug trafficking organizations that exhibit such callous disregard for human life. I commend the dedication of our investigatory partners, and greatly appreciate their coordinated efforts.”
Assistant United States Attorney Nicole Cate handled the prosecution. Delaoz was represented by Stephanie Greenlees, Esq. Sinclair was represented by Robert Behrens, Esq.
Brandon Man Charged with Being A Felon in Possession of FirearmsRead the Press Release
The United States Attorney for the District of Vermont announced that Eric Grenier, 39, of Brandon, appeared today in United States District Court in Burlington on a charge that he possessed firearms as a convicted felon. U.S. Magistrate Judge Kevin Doyle ordered that Grenier be held without bail pending trial, which has not been scheduled.
According to the criminal complaint, on August 13, 2021, state and federal law enforcement authorities executed a state-court search warrant at Grenier’s home in Brandon. During the search, agents seized two rifles and two pistols, as well as assorted ammunition, from Grenier’s locked bedroom. Grenier is prohibited by federal law from possessing any firearms because he has three felony convictions in Vermont for burglary and cultivating marijuana. According to court records, an officer with the Brandon police department obtained the warrant to look for and seize a handgun which Grenier allegedly displayed during an altercation with a neighbor in July.
The Acting United States Attorney emphasizes that the charge in the complaint is merely an accusation and that Grenier is presumed innocent unless and until he is proven guilty.
If convicted, Grenier 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 Brandon Police Department and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.
Grenier is represented by Assistant Federal Public Defender David McColgin. 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
William Stenger Pleads Guilty to False Document Charges Related to the Anc Vermont Eb-5 Project in Northeast VermontRead the Press Release
The United States Attorney’s Office announced that today William Stenger, 72, of Newport, Vermont, pleaded guilty before Chief Judge Geoffrey W. Crawford in United States District Court in Burlington 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.
Stenger pleaded guilty to using false documents 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 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 to demonstrate a plan to create at least 2,200 jobs in a short time frame in order to obtain USCIS approval.
As described during today’s hearing, according to materials provided to investors, to the VRC, and to USCIS, the AnC Vermont project would include three lines of business: clean room rentals, sales of stem cell products, and sales of artificial organs. The financial projections for the project forecasted that the three lines of business would generate over $40 million in revenue within three years, and would generate over $300 million in revenue in six years. These financial projections impacted both the potential that investors would have their investments repaid, and the predicted number of jobs that the project would create.
In the end of June 2014, Stenger agreed with the VRC to suspend offering and marketing the AnC Vermont project due to the VRC’s concerns about a number of aspects of the project. Stenger understood that, in order to be permitted to market the AnC Vermont project again, he needed to provide answers to questions the VRC had asked about the financial projections and about the status of U.S. Food and Drug Administration (“FDA”) approvals needed for commercialization of the products. Stenger made a number of submissions to the VRC in an effort to convince the VRC to allow continued marketing of the AnC Vermont project, including a submission on January 9, 2015. The January 2015 submission addressed, among other things, the AnC Vermont financial projections and the timeline for commercialization of the products.
As to the financial projections, during the plea hearing Stenger admitted that he engaged a third-party consulting firm in October 2014 and asked the consulting firm to conduct a market demand study to analyze the potential market size of the AnC Vermont products and services, if the products and services were developed and FDA approved. Throughout the rest of 2014, the consulting firm, which spent many hours working on the market demand analysis and had regular update meetings with Stenger and his team, was never asked to review, analyze, or opine on the project’s financial projections. Instead, the process of working with the consulting firm made clear to Stenger that the AnC Vermont project had no stem cell products, and that the artificial organs either did not exist yet or required updating. In the waning days of December 2014 and beginning of January 2015, Stenger asked the consulting firm’s project lead to write a letter stating that the AnC Vermont project’s business projections were reasonable. Although the consulting firm had not assessed the project’s financial projections, the project lead ultimately signed a letter that falsely asserted that, based upon the consulting firm’s market analysis, the financial projections in the AnC Vermont business plan appeared reasonable. Stenger knew that the consulting firm had not analyzed the financial projections. Nonetheless, Stenger provided the letter to the VRC as part of the January 9, 2015 package of materials in support of reopening project fundraising.
As to the product commercialization timeline, during today’s hearing Stenger admitted that he knew that each of the three lines of business—clean room rentals, sales of stem cells, and sales of artificial organs—required approvals from the FDA in order to generate revenue. Stenger also knew that the FDA approval process was potentially a lengthy one, that obtaining FDA approval would require assistance from someone with regulatory expertise, and that no one associated with the AnC Vermont project had communicated with the FDA about any of the AnC Vermont business line ideas since Stenger exchanged letters with the FDA about one of the artificial organs in 2011. As part of Stenger’s effort to convince the VRC to allow continued marketing of the AnC Vermont project, Stenger caused to be modified a commercialization timeline that he had previously received from co-defendant Alex Choi. The timeline listed various steps required in order to commercialize the stem cell therapies and artificial organs referenced in the business plan, along with how long each step was expected to take. In modifying Choi’s timeline, Stenger had the initial year changed from 2012 to 2015, reflecting the delays in the project’s development. He also had four prominent red boxes, which contained text that read “Need to consult with FDA or experts in FDA’s regulation,” removed from the timeline. As modified, the timeline downplayed uncertainty and lack of progress on FDA approvals, supporting the narrative that the AnC products would become profitable and create jobs in a short time. Stenger submitted this modified timeline to VRC as part of the January 9, 2015 set of materials. In the same submission, Stenger represented to the VRC that he had engaged FDA consultants to assist with the FDA process. Stenger had the red caveats removed from the timeline without receiving any information from the consultants that might provide further support for the timeline, and without asking the consultants to start any work on the AnC Vermont project. 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. Court records show that over $47 million of AnC Vermont investor funds were paid to Jay Construction Management, a Quiros-controlled company, and almost all of those $47 million were used for purposes unrelated to the AnC Vermont project.Stenger faces up to five years in prison and three years of supervised release for his knowing and willful submission of false documents to the VRC. For sentencing, as stated in the plea agreement, the government will offer evidence about Stenger’s broader involvement in the fraud scheme as alleged in other counts of the indictment. The Court will determine the sentence with reference to the federal sentencing guidelines. The government has agreed that it will not recommend a fine or forfeiture, but instead will focus on seeking a restitution order for victims.
Co-defendant Ariel Quiros pleaded guilty to wire fraud conspiracy, money laundering, and concealment charges in August 2020 and currently awaits sentencing. Co-defendant William Kelly pleaded guilty to wire fraud conspiracy and concealment charges in July 2021. Both Quiros and Kelly have agreed to cooperate in the government’s ongoing matters. Co-defendant Choi remains at large.
Jonathan A. Ophardt, Acting United States Attorney, expresses his gratitude for the outstanding investigation assistance by the Federal Bureau of Investigation, the IRS Criminal Investigation, the Food and Drug Administration, 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.
Dennis Duffy Pleads Not Guilty to CARES Act, American Express FraudsRead the Press Release
The United States Attorney for the District of Vermont announced that Dennis Duffy II, 38, of Winooski, pleaded not guilty today in United States District Court in Burlington to two sets of fraud charges. U.S. District Judge William Sessions III released Duffy on conditions pending trial, which has not been scheduled.
On July 8, a federal grand jury in Burlington returned a three-count indictment that charged Duffy with fraud and money laundering. The first fraud charge accused Duffy of making false statements and providing forged documents to North Country Federal Credit Union in the summer of 2020 in connection with Duffy’s application for a $416,000 Paycheck Protection Plan loan for Duffy’s commercial cleaning business, Night Owl Cleaning, Inc. The Paycheck Protection Plan loan program was established by Congress in the spring of 2020 as part of the Coronavirus Aid, Relief, and Economic Security Act. The CARES Act contained many provisions that were intended to address the medical, economic and social impacts of the COVID-19 epidemic. The Paycheck Protection Program was an economic stimulus program intended to help small businesses keep employees on payroll during the pandemic. It provided billions of dollars in low-interest, unsecured loans that were to be administered through and guaranteed by the U.S. Small Business Administration. Applicants had to certify that the loan proceeds would be used to maintain payroll and pay other business-related expenses. If applicants were able to demonstrate that proceeds were used to keep workers employed, some or all of a loan could be forgiven. Applicants had to provide the lending financial institution with certain documentation demonstrating their entitlement to and qualifications for a PPP loan.
According to the indictment, in late June 2020, Duffy applied for and received a $416,000 loan for Night Owl Cleaning from North Country. As part of the application process, Duffy gave NCFCU tax records, rent invoices and utility bills that purported to be for Night Owl. For example, Duffy gave the credit union what purported to be a federal corporate tax return for 2019 that indicated Night Owl had gross revenues that year that exceeded $7.3 million and had taxable income of about $382,000. In fact, according to the indictment, the actual returns Duffy filed with IRS that year reported gross revenues of $79,000 and taxable income of only $15,700. According to the indictment, other Night Owl financial information that Duffy submitted to NCFCU in support of the loan application was similarly fraudulent.
In early July 2020, NCFCU funded the PPP loan by depositing the $416,000 into a Night Owl Cleaning account. Instead of using those funds for Night Owl payroll, however, Duffy used more than $390,000 to buy a house in Milton.
The indictment accuses Duffy of committing an unrelated fraud against American Express in 2017. In April 2017, Duffy allegedly applied for and obtained an American Express credit card for Night Owl Cleaning. Between May and August 2017, Duffy used the AMEX to make three fraudulent purchases, totaling $125,000, from a business purportedly named Vermont Aerial. In fact, according to the indictment, the transactions were fraudulent transfers of American Express funds to another company that Duffy owned named Pet Stop. Immediately after the AMEX funds were deposited into the Pet Stop account, Duffy retransferred them to a Night Owl Cleaning account, then used those monies for his own benefit. Duffy allegedly purchased two cars and trucks with the AMEX funds; the indictment seeks forfeiture of the vehicles as proceeds of the federal crime of wire fraud.
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.
If convicted, Duffy faces up to 30 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 Burlington office of the Federal Bureau of Investigation.
Duffy is represented by the office of the Federal Public Defender. The prosecutor is Assistant U.S. Attorney Gregory Waples.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID- 19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Commentary: Acting US Attorney Jonathan a. OphardtRead the Press Release
As the Acting United States Attorney for Vermont, I have spent the last few months visiting with local, state, and federal law enforcement partners throughout our state, as well as many of my prosecutorial colleagues in the State’s Attorneys offices. At these meetings, I sought feedback on how my office can better assist in addressing violent crime in Vermont, in particular violence perpetrated by firearms. Throughout the state, I have consistently heard two concerns: violent crime is increasing, and law enforcement capacity is eroding. The data backs up these concerns, and the ramifications for Vermont’s future are troubling.
Violent Crime in Vermont is Increasing
Violent crime is a significant and growing challenge for Vermonters. My office has seen increased violence by drug trafficking organizations, increases in collateral violence from individuals suffering from severe substance use disorder (i.e., convenience store robberies), increases in domestic violence, and increased violence involving individuals with mental health challenges. FBI data shows that between 2016 and 2019 (the last year for which data is available), Vermont saw an increase from 136.5 violent crime offenses per 100,000 people to a rate of 202.2 violent crime offenses per 100,000 people. During the same window, the prevalence of firearms as the weapon involved in violence increased by 36 percent.
Unfortunately, the number of officers capable of responding to this rise in violent crime is decreasing swiftly.
Police Recruitment and Retention is in Crisis
Vermont has a police recruitment and retention crisis. A recent report by the Vermont Department of Public Safety, highlighted the incredible challenge of retaining and recruiting the men and women of our law enforcement community. Vermont has seen a 14% decline in the total number of officers available for duty between 2018 and 2021. Of Burlington’s 75 police officers, 31 are actively seeking employment elsewhere. Ms. Morrison’s report estimated that by January of 2022, the number of full-time officers in the state will drop below 700 officers, a reduction of over 125 officers throughout the state. While 159 officers are set to leave policing in 2021, only 23 will have graduated from the Vermont Police Academy.
News reports from around the state reveal the reduction in available officers has already led to service curtailments, from Brattleboro, to Bellows Falls, to Burlington. In addition, staffing issues at the Vermont State Police have diminished levels of service provided by VSP to towns without dedicated departments, leading town residents to demand that selectboards establish new police departments. The reduction in VSP availability has resulted in an increase in reliance and demands on Vermont’s Sheriffs, who contract with local municipalities to provide patrol coverage, causing increased costs to municipalities. In Burlington, concerns about increasing violence have led the Burlington Business Association to pursue private security for Church Street and have prompted calls to increase police patrols in the commercial center of Burlington.
Ramifications of a Recruitment and Retention CrisisIn Burlington, a man with a long history of violent encounters has caused nearly 26 involvements with police so far in 2021, culminating in his arrest this month for aggravated assault with a hate crime motivation. Another had over 30 involvements with numerous violent episodes, culminating in his assault with a hammer on a good Samaritan trying to protect the intended victim. These cases are two examples of how our police officers continue to be tasked on a daily basis with repeatedly mediating challenging encounters in our communities, functioning as interventionists and mental health crisis responders.
Law enforcement work remains as difficult as ever, with police actions under close scrutiny, but with diminishing resources. Throughout Vermont, communities have been having necessary and overdue conversations about police reform, and an examination of the methods and manners of policing is warranted and justified. We want reasonable and rational police officers dedicated to serving their communities for the right reasons. But reasonable and rational people are thinking twice about whether to take an oath of service and join the ranks of law enforcement.
A reduction in recruitment and an increase in departures has a broader impact than simply the number of officers available to patrol and respond. Departments will be forced to reduce their numbers of detectives, transforming police departments further from crime solvers to crisis responders and crime documenters. A reduction in capable investigatory capacity will reduce the detection of sophisticated and covert criminal activity, from child exploitation to human trafficking to fraud. An atrophy of experienced officers will diminish training capacity and deprive departments of capable leaders.
Our law enforcement officers have sworn to protect everyone in Vermont from harm. I am deeply concerned about a shift to private security and a competition for the services of Sheriffs, as it would imply that security in Vermont will only be provided to those citizens and communities who can afford to pay for it. Vermont needs capable police who can protect vulnerable individuals, investigate criminal activity, and bring to justice those who undermine our communities. Quality, responsive, and compassionate public safety services must be available to all Vermonters, not just the highest bidders.
Ensuring equal access to safety and security requires a steady stream of applicants to law enforcement positions who are smart, capable, dedicated, courageous, and compassionate. While we debate how policing must change, we must also recognize the continuing need for high-quality law enforcement officers, encourage good men and women to join their ranks, and support those who serve honorably in a profession that requires great commitment and sacrifice.Rutland Man Sentenced to 24 Months Imprisonment for Cocaine Base TraffickingRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Michael Goodnough, 46, of Rutland was sentenced by U.S. District Court Chief Judge Geoffrey Crawford to 24 months’ imprisonment and three years of supervised release, which will follow the term of imprisonment.
Goodnough previously pled guilty to distribution of cocaine base, which carried a maximum of up to twenty years imprisonment. According to court records, in October 2018, Goodnough sold a quantity of cocaine base to a confidential informant for $100 in the Beer King parking lot in Rutland. The government alleged that for several months in 2018, Goodnough regularly sold cocaine base in the Rutland area to support his own drug addiction.
After pleading guilty, Goodnough participated in the Federal Drug Court Program in Rutland, beginning in June 2019. Goodnough struggled in the program, with multiple relapses, failures to attend treatment sessions, and instances of dishonesty. On July 17, 2020, Goodnough was arrested, detained, and eventually discharged from the Federal Drug Court Program. If Goodnough had successfully completed the program, he would likely have received a time-served sentence.This matter was investigated by the Vermont State Police Narcotics Investigative Unit, the Federal Bureau of Investigation, and the Rutland City Police Department. This case was prosecuted on behalf of the government by Assistant U.S. Attorney Joseph Perella. Goodnough was represented by Federal Public Defender Michael Desautels of Burlington.
Danby Man Charged with Distribution of Heroin, Fentanyl, and Cocaine BaseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that a federal grand jury, sitting in Rutland, charged Andersen Benoit, 39, of Danby, Vermont with three counts of distribution of heroin, fentanyl, and cocaine base in July and September of 2019. Benoit is a citizen of Haiti and is also currently facing state drug trafficking charges in New York.
At his arraignment, Benoit pled not guilty to the charges. Upon the Government’s motion for detention, U.S. District Court Magistrate Judge Kevin J. Doyle ordered Benoit detained pending trial.
The Indictment is an accusation only, and the defendant is presumed innocent until and unless proven guilty. The penalties for each of the charges is up to 20 years of imprisonment, a $1,000,000 fine, and a mandatory three years of supervised release. Any sentence will be formulated through consultation of the United States Sentencing Guidelines and consideration of Benoit’s personal history and characteristics.
Acting United States Attorney Jonathan A. Ophardt commended the investigation of the Vermont State Police Narcotics Investigative Unit and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Joseph Perella. Benoit is represented by Rich Bothfeld, Esq.
Bellows Falls Woman Sentenced for Buying a Firearm for a FelonRead the Press Release
The United States Attorney’s Office for the District of Vermont stated that on July 22, 2021, Bridgette Lawlor, 34, of Bellows Falls, Vermont, was sentenced in United States District Court in Burlington, Vermont, to serve two years on federal probation after her guilty plea to one count of making a false statement in connection with the acquisition of a firearm. U.S. District Judge Christina Reiss also ordered the criminal forfeiture of two firearms that were seized during the investigation.
According to court records and proceedings, on March 23, 2020, in connection with the purchase of a Ruger LCP .380 pistol, Lawlor completed an ATF Form 4473 at J&H Guns, a Federal Firearm Licensee located in Bellows Falls, Vermont. On the Form 4473, Lawlor indicated that she was the actual buyer of the firearm. In fact, Lawlor was buying the gun at the request of her then-boyfriend, Ferdinand Cruz. At the time of the purchase, Cruz was a felon, having been previously convicted in Connecticut of robbery, unlawful restraint, and felony sale of cocaine. On April 1, 2020, Lawlor picked up the firearm at J&H Guns and provided it to Cruz.
Acting U.S. Attorney Jonathan A. Ophardt commended the efforts of the Dover, Vermont Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives in the investigation and prosecution of Lawlor. “The straw-purchasing of firearms creates significant dangers to our communities, as it can facilitate the possession of firearms by violent felons. Those who are willing to lie and circumvent federal background-check requirements will be held accountable.”
Assistant U.S. Attorney Barbara A. Masterson handled the prosecution of Lawlor. Ian P. Carleton of Sheehey Furlong & Behm, P.C., represented Lawlor.
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
Sex Offender Indicted for Failing to Update Registration after Moving to VermontRead the Press Release
The Acting United States Attorney for the District of Vermont Jonathan Ophardt announced that Curtis Johnston, 38, pleaded not guilty today to a charge alleging that Johnston traveled in interstate commerce without updating his registration under the Sex Offender Registration and Notification Act (“SORNA”). U.S. Magistrate Judge Kevin J. Doyle ordered Johnston detained pending further proceedings.
A federal grand jury in Burlington returned an indictment charging Johnston with violating SORNA. According to the indictment and court records, Johnston was convicted in Tennessee of aggravated statutory rape in 2012. Johnston was accordingly required to register as a sex offender with officials of any state where he resided or to which he relocated. Under federal law, when a sex offender moves from one state to another, he has three days to update his registration. Johnston allegedly relocated to Vermont in or about October 2020, but had not updated his registration to reflect his new residence as of July 2021.
Acting United States Attorney Ophardt emphasizes that the charge against Johnston is merely an accusation, and that Johnston is presumed innocent unless and until he is proven guilty.
Johnston faces up to ten years in prison and a $250,000 fine if convicted. His actual sentence, however, would be determined with reference to federal sentencing guidelines.
The U.S. Marshals Service investigated this case.
Assistant U.S. Attorney Spencer Willig represents the United States. The defendant is represented by John-Claude Charbonneau.
Huntington Man Sentenced for Child Pornography OffenseRead the Press Release
The United States Attorney’s Office for the District of Vermont stated that Louis Hamlin II, 77, of Huntington, Vermont, was sentenced on July 12, 2021, in United States District Court in Rutland, Vermont, to serve 72 months in prison after his guilty plea to one count of knowingly producing with intent to distribute child pornography that is an adapted or morphed depiction of an identifiable minor. Chief U.S. District Judge Geoffrey W. Crawford also ordered Hamlin to serve a five (5) year term of supervised release and to pay a $100 special assessment.
According to court records and proceedings, in February 2019, the National Center for Missing and Exploited Children (NCMEC) received a Cybertip that someone at a specific IP address in Vermont had uploaded or viewed an image of child pornography. NCMEC referred the Cybertip to the Vermont Internet Crimes Against Children Task Force (ICAC) for investigation. Thereafter, the ICAC and special agents with Homeland Security Investigations identified the user of the IP address to be Louis Hamlin II. Law enforcement obtained and executed a search warrant at Hamlin’s residence in Huntington, Vermont and discovered images of child pornography on his computer.
As part of his plea agreement, Hamlin admitted that he used a computer that was connected to the Internet, a facility of interstate and foreign commerce, to upload and distribute an image file depicting an identifiable minor that had been modified to make it appear that the child was engaging in sexually explicit conduct. Specifically, Hamlin admitted to taking an image of an identifiable child and cropping and modifying it so particular aspects of the image were highlighted. In doing so, the image created by Hamlin appeared to show the child engaged in sexually explicit conduct.
Acting United States Attorney Jonathan A. Ophardt commended the efforts of the Vermont Internet Crimes Against Children Task Force and Homeland Security Investigations in the investigation and prosecution of Hamlin. Assistant U.S. Attorney Barbara A. Masterson handled the prosecution of Hamlin. Assistant Federal Public Defender David L. McColgin represented Hamlin.
Acting U.S. Attorney Ophardt noted that 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.
Bristol Man Charged with Possession of Child PornographyRead the Press Release
The United States Attorney’s Office for the District of Vermont stated that Scott Remick, 46, of Bristol, Vermont, was charged by criminal complaint in United States District Court in Burlington, Vermont, with one count of possession of child pornography. Remick made his initial appearance to answer the complaint on July 8, 2021, before U.S. Magistrate Judge Kevin J. Doyle. On July 9, 2021, Judge Doyle denied the government’s motion for detention and ordered Remick released on conditions. Remick is next scheduled to appear in Federal court on July 26, 2021.
According to court records and proceedings, on June 16, 2021, a source of information (SOI), who is a private software developer and security analyst and who is part of a group of individuals involved in analyzing a specific piece of software with a specific security vulnerability, identified a computer with the security vulnerability (the Target Computer). The SOI accessed the Target Computer, including the contents of an encrypted volume mounted on it. The SOI viewed some of the image files in that container and discovered that they depicted child pornography. The SOI also created a text file that contained directories and file names of files located in the encrypted volume. The file names indicated that the files contained sexually explicit content involving children.
The SOI reported its findings to the National Center for Missing and Exploited Children (NCMEC) and to the Vermont State Police (VSP). VSP reached out to special agents with the Department of Homeland Security, Homeland Security Investigations (HSI). After HSI spoke with the SOI and conducted additional investigation into the suspected user of the Target Computer, Scott Remick, agents obtained a warrant to search remotely electronically stored information at Remick’s residence, and a second warrant to search Remick’s residence.
On July 3, 2021, HSI agents executed the remote search warrant and recovered images of child pornography, as well as items associated with Remick. On July 7, 2021, HSI agents executed the warrant to search Remick’s residence. Agents determined that a self-built computer at the residence was the same one searched pursuant to the remote search warrant. Agents found additional images of child pornography on the self-built computer.
Acting U.S. Attorney Jonathan A. Ophardt emphasized that the defendant is presumed innocent until and unless proven guilty. If convicted, Remick’s 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.
Acting U.S. Attorney Ophardt commended the efforts of Homeland Security Investigations in the investigation of Remick.
Barbara A. Masterson, Assistant U.S. Attorney for the District of Vermont, is handling the prosecution of Remick. The Office of the Federal Public Defender for the District of Vermont has been appointed to represent Remick.
Acting U.S. Attorney Ophardt noted that 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.
United States Attorney’s Office Resolves False Claims Act Investigation into Improper Submission of Federal Health Care Claims by Health Care & Rehabilitation Services of Southeastern VermontRead the Press Release
UPDATE
The HCRS Settlement Agreement has been attached to this Press Release.
The Office of the United States Attorney for the District of Vermont announced that it has resolved its investigation into whether Health Care & Rehabilitation Services of Southeastern Vermont (“HCRS”) failed to screen its employees and improperly submitted to the government claims for services provided by an individual barred from receiving payments from federally funded health care programs.
“It is imperative that organizations such as HCRS that provide important mental health, substance abuse, and developmental services to Vermonters, carefully vet their employees to ensure that all requirements are followed and taxpayer money is not paid out improperly,” said Acting U.S. Attorney Jonathan A. Ophardt. “I commend HCRS for bringing this issue to the government’s attention and committing to make changes to the ways in which it screens prospective and current employees so that it does not happen again.”
As a health care entity submitting claims to federally-funded health care programs, HCRS must ensure that its employees are not included on the exclusion list created and maintained by the Office of Inspector General of the Department of Health and Human Services (“OIG-HHS”). OIG-HHS may exclude individuals and entities from participation in these programs for a variety of reasons, including but not limited to fraud. For a period of nearly 10 years, HCRS employed an excluded individual and submitted claims on the person’s behalf for reimbursement to Medicare, Medicaid, and Tricare, thereby violating the federal False Claims Act. In addition, the Medicaid Fraud and Residential Abuse Unit of the Vermont Attorney General’s Office (“MFRAU”) concluded that HCRS also violated the Vermont False Claims Act.
To resolve the claims against it, HCRS has agreed to pay to the United States and State of Vermont a total of $170,037.76 and already has begun the payment process. The settlement amount reflects a cooperation credit in light of HCRS’s self-disclosure of the violation, assistance with the investigation, and voluntary adoption of remedial measures to guard against improper employment and claim submission in the future.
Assistant United States Attorney Lauren Almquist Lively handled this matter for the United States Attorney’s Office for the District of Vermont, in partnership with Assistant Attorney General Elizabeth L. Anderson, Director of MFRAU. Anne E. Cramer and Kevin M. Henry of Primmer Piper Eggleston & Cramer PC represented HCRS.
HCRS Settlement AgreementMan Charged with Attempting to Rob the Vermont Federal Credit Union in BurlingtonRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Donald McCandless, 42, of Norfolk, Virginia, was arrested yesterday after he attempted to rob the Vermont Federal Credit Union in Burlington, Vermont. McCandless was charged today by criminal complaint and will be appearing tomorrow before United States Magistrate Judge Kevin J. Doyle for his Initial Appearance. McCandless is currently detained pending his appearance.
According to court records, McCandless is alleged to have entered VFCU with an object in his pocket, stated he had a bomb, and demanded money. McCandless then approached a teller window and began punching the plexiglass barrier, knocking items off the counter. A customer conducting business at the bank grabbed McCandless and began pulling McCandless toward the exit of the bank. McCandless was given $10 in cash by a patron, and McCandless left the bank. Burlington Police Officers who responded to a 911 call and alarm at VFCU encountered McCandless on College Street wearing clothing consistent with that described by witnesses of the attempted robbery. McCandless was found with two $5 bills in his hand, and McCandless reported having been “doing meth” earlier in the day. At the time of his arrest, McCandless had a nonextraditable arrest warrant issued in Norfolk, Virginia for violating a term of probation imposed as part of his sentence for a 2020 conviction for Felony Strangulation. In the week prior to the attempted robbery, McCandless had multiple encounters with Burlington and South Burlington Police and was cited by South Burlington Police earlier on the day of the robbery for trespassing onto the Vermont Air National Guard Base with a knife.
The United States Attorney’s Office emphasizes that the charge against McCandless is merely an accusation and that he is presumed innocent unless and until proven guilty.
If convicted of the charged offense, McCandless could face up to twenty years in prison, up to a $250,000 fine, and a period of federal supervised release. Any sentence will be formulated through consultation of the United States Sentencing Guidelines and consideration of McCandless’s personal history and characteristics.
Acting United States Attorney Jonathan A. Ophardt commended the quick response and investigation of the Burlington Police Department and thanked the Federal Bureau of Investigation for its assistance.
Assistant United States Attorney Kimberly Ang is prosecuting the case for the government. McCandless has not yet retained or been appointed counsel.
UVM ER Doctor Agrees to Plead Guilty to State and Federal ChargesRead the Press Release
The United States Attorney’s Office for the District of Vermont, the U.S. Department of Justice, Criminal Division, Child Exploitation and Obscenity Section, and the Chittenden County State’s Attorney announced that pursuant to plea agreements filed in federal and state court, Eike Blohm, 39, of South Burlington, Vermont, has agreed to plead guilty to one count of Possession of Child Pornography in federal court, and one count of Lewd & Lascivious Conduct, one count of Voyeurism (Circumstances – First Offense), and 19 counts of Voyeurism (Place – First Offense) in state court. Blohm, who has been in federal custody since May 22, 2020, is scheduled to plead guilty in federal court before U.S. District Judge Christina Reiss on July 8, 2021, and on July 13, 2021, in Vermont State Superior Court, Chittenden Unit.
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, and seized numerous digital devices. A search of those devices revealed the presence of child pornography, some of which depicted children under the age of 12 years old.
The federal plea agreement requires Blohm to plead guilty to an Information charging him with one count of Possession of Child Pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). The parties agreed that Blohm should be sentenced within the range of 96-132 months imprisonment, or 8-11 years. The agreement also provides that approximately $39,785.32, the proceeds from the sale of Blohm’s former South Burlington residence that has been held by the Clerk of the Court in the Court’s Registry, will be used to pay restitution to the victims of his offense conduct. The government also agreed to dismiss the pending Indictment, which charges Blohm with Production of Child Pornography, at the time of sentencing.
The state plea agreement requires Blohm to plead guilty to one count of Lewd & Lascivious Conduct, in violation of 13 V.S.A. § 2601, one count of Voyeurism (Circumstances – First Offense), in violation of 13 V.S.A. § 2601(b)(2), and 19 counts of Voyeurism (Place – First Offense), in violation of 13 V.S.A. § 2605(b)(1). The parties agreed that Blohm would receive a sentence of 57-58 months imprisonment on the Lewd & Lascivious Conduct charge, 23-24 months imprisonment on the Voyeurism charges, for a total sentence of 80-82 months.
It is a condition of the federal plea agreement that Blohm plead guilty and is sentenced as provided in the state plea agreement. It is a condition of Blohm’s state plea agreement that Blohm plead guilty and is sentenced as provided in the federal plea agreement. If either the state or federal sentencing judges decline to impose the agreed-upon sentences, Blohm would be permitted to withdraw his guilty pleas in both courts. The parties further agreed that the state and federal sentences are to be served concurrently to each other.
Acting U.S. Attorney Jonathan A. Ophardt and Chittenden County State’s Attorney Sarah George commended the investigative efforts of the Chittenden Unit for Special Investigations, Homeland Security Investigations, the Vermont Internet Crimes Against Children Task Force, and forensic examiners with the Child Exploitation and Obscenity section. Acting U.S. Attorney Ophardt and SA George highlighted this case as an example of the strong partnership between the state and federal governments in the investigation and prosecution of offenders who exploit children.
Assistant U.S. Attorney Barbara A. Masterson and Trial Attorney James E. Burke IV of the Child Exploitation and Obscenity Section are handling the federal prosecution of Blohm. Deputy State’s Attorney Dana Disano is handling the state prosecution of Blohm. Lisa B. Shelkrot of Langrock Sperry & Wool, LLP, represents Blohm in both cases.
Acting U.S. Attorney Ophardt noted that 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
U.S. Attorney’s Office Recognizes Annual World Elder Abuse Awareness DayRead the Press Release
Today, the United States Attorney’s Office for the District of Vermont will recognize World Elder Abuse Awareness Day. Around the world, organizations mark this day by voicing concern about the exploitation of vulnerable seniors and rallying individuals to identify and report suspected abuse.
Elder abuse refers to the intentional or negligent acts by a caregiver or trusted individual that causes harm to an older person. Elder abuse includes physical abuse, sexual abuse, financial abuse and exploitation, emotional and psychological abuse, and neglect. Elder abuse is both a social and economic issue. It causes tangible losses to victims (such as the loss of homes and savings), intangible losses to victims (such as the loss of dignity, independence, and safety), creates increased health care and legal costs, and can even result in the loss of life.
Elder abuse is largely underreported for multiple reasons. Seventy percent of elder abuse crimes are committed by victims’ relatives, friends, and acquaintances. Many seniors who experience abuse are reluctant to report it because of shame, fear of retribution, denial, or a close relationship with their victimizer. Further, some victims are unable to speak out due to dementia or other impairments. Elder abuse is truly an “invisible” problem that requires vigilance to be detected. Elder abuse affects people across all socioeconomic groups, cultures, and races, and occurs anywhere, particularly where a senior is disconnected from social supports.
Vermont is the second fastest-aging state in the country, and more than a quarter of the State’s population is over the age of 60. Nationally, 10% of Americans over the age of 60 have experienced some form of elder abuse. Therefore, this “invisible” problem is likely a prevalent one in Vermont.
“Our nation has a moral obligation to protect our elders from all forms of abuse,” stated Acting U.S. Attorney Jonathan A. Ophardt. “Vermonters pride ourselves on our dedication to our communities, and our collective efforts to protect the vulnerable. Over the past two years, the United States Attorney’s Office and our law enforcement partners have noted a marked uptick in the number of financial institutions reporting suspected elder financial exploitation. These have included lottery scams, romance scams, government impersonation scams, and suspected financial exploitation of the elderly by family members and trusted persons. According to federal law enforcement data, in the past 18 months over 200 complaints have been lodged by Vermont seniors, who reported dollar losses of over $1.9 million. I encourage all Vermonters to educate themselves on indicators of elder abuse and to report suspected abuse to authorities. The United States Attorney’s Office will continue to devote investigative and prosecutorial resources to hold bad actors who prey on the elderly accountable for their crimes. We also will continue to raise awareness of this problem to hopefully prevent abuse before it occurs.”If you believe you are a victim of fraud, or know a senior who may be—regardless of financial loss—you may report the fraud directly to the FBI by calling 1-800-CALL FBI, report online at https://tips.fbi.gov, or to the Internet Crime Complaint Center at www.ic3.gov. Suspected elder fraud can also be reported to the National Elder Fraud Hotline at 833-FRAUD-11. The hotline is staffed by experienced case managers who can provide assistance to elders and caretakers through assisting with reporting and referrals to appropriate services. More information on training, resources, research, and victim services is available at www.justice.gov/elderjustice.
Comments from U.S. Attorney General Merrick B. Garland regarding World Elder Abuse Day can be found at the following link: https://www.justice.gov/opa/pr/statement-attorney-general-merrick-b-garland-world-elder-abuse-awareness-day
Daniel Chase Pleads Not Guilty to Making False Statements to Social Security AdministrationRead the Press Release
The United States Attorney’s Office for the District of Vermont announced that Daniel Chase, 60, of Weathersfield, VT, pleaded not guilty today in United States District Court in Burlington to charges that he made false statements to the Social Security Administration. U.S. Magistrate Judge Kevin Doyle released Chase on conditions pending trial, which has not been scheduled.
On May 20, a federal grand jury in Burlington returned an indictment charging Chase with three counts of making false statements to the Social Security Administration. In June 2020, Chase’s spouse, who had been receiving Social Security disability payments, died. Upon learning of the spouse’s death, SSA stopped the spouse’s monthly payment, which was about $867. The indictment charges that, in an effort to get his spouse’s benefit payments reinstated, Chase repeatedly made false claims to SSA that he was the spouse, that he was alive and that the payments had been wrongly terminated. Chase also submitted forged documents to SSA purportedly as proof that the spouse was alive.
The Acting U.S. 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.
If convicted, Chase faces up to five years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.
This case was investigated by SSA’s Office of Inspector General and Vermont’s Department of Children and Families.
Chase is represented by Ian Carleton. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Hartford, Connecticut Man Charged with Federal Drug Felony After FBI Search in Randolph, VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont stated today that Shiquan Mangual, 27, of Hartford, Connecticut was charged by Criminal Complaint in United States District Court for the District of Vermont with possession with intent to distribute controlled substances.
According to the Criminal Complaint, Mangual was arrested by the FBI on June 9, 2021, in connection with a search of a residence in Randolph, Vermont. During the search, agents found several firearms, including a loaded handgun, more than 500 grams of suspected cocaine, more than 100 grams of suspected cocaine base, more than 15 grams of suspected heroin, and more than $7,500 in United States currency.
At Mangual’s initial appearance today before United States Magistrate Judge Kevin J. Doyle, Mangual was ordered detained pending trial. Mangual’s next court appearance has not yet been scheduled. A criminal complaint is only an accusation, and Mangual is presumed innocent unless and until proven guilty.
This matter is being investigated by the FBI in conjunction 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.
The Assistant United States Attorney handling the prosecution is Michael Drescher. Mangual is represented by Assistant Federal Defender Steven Barth.
Bellows Falls Man 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 June 4, 2021, Ferdinand Cruz, aka “Feldi,” 40, of Bellows Falls, Vermont, was sentenced in United States District Court in Burlington, Vermont, to serve 15 months in prison after his guilty plea to one count of being a previously convicted felon found in possession of a firearm. U.S. District Judge Christina Reiss also ordered Cruz to serve a three (3) year term of supervised release and to pay a $100 special assessment. Judge Reiss also ordered the criminal forfeiture of two firearms that were found in Cruz’s possession.
According to court records and proceedings, in May 2020, the Dover, Vermont Police Department was investigating an unrelated criminal allegation against Cruz. When officers went to Cruz’s residence to interview him, he was wearing what was later identified as a Ruger LCP .380 caliber pistol on his waistband. At that time, Cruz was a previously convicted felon, having been convicted of Robbery in the Second Degree in 2003, and was prohibited from possessing a firearm. When police later went to Cruz’s residence to recover the Ruger LCP .380 caliber pistol, they found a second gun: a Taurus Model PT111 Millennium G2 9mm caliber pistol.
Acting U.S. Attorney Jonathan A. Ophardt commended the efforts of the Dover, Vermont Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives in the investigation and prosecution of Cruz.
Assistant U.S. Attorney Barbara A. Masterson handled the prosecution of Cruz. Assistant Federal Public Defender Elizabeth Quinn represented Cruz.
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
William Kelly Pleads Guilty to Fraud Charges Related to the Jay Peak EB-5 AnC Vermont Project in Northeast VermontRead the Press Release
The United States Attorney’s Office announced that today William Kelly, 72, of Weston, Florida, pleaded guilty before Chief Judge Geoffrey W. Crawford in United States District Court in Rutland to two felony charges in connection with his involvement in the Jay Peak Biomedical Research Park EB-5 investment project, also called the AnC Vermont project.
Kelly pleaded guilty 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 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 Vermont EB-5 Regional Center (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 soon create, 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.”
During the plea hearing, 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. The job creation projections relied on three lines of business: clean room rentals, sales of stem cell products, and sales of artificial organs. 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.
During today’s hearing, 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, a Quiros-controlled entity that was designated as a pass-through corporation for approximately $52 million that was supposedly to be paid to AnC Biopharm, a company created and controlled by Choi in part to conceal Choi’s legal and financial problems. During this period, Kelly knew that Quiros forwarded less than $6 million from JCM to AnC Biopharm. 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.
In the plea agreement, Kelly agreed to cooperate in the government’s ongoing matters. The plea agreement caps Kelly’s jail sentence at 36 months, so long as he abides by the terms of the agreement. The government agreed that it would not recommend a fine or forfeiture, but instead focus on seeking a restitution order for victims. The government requested that the Court delay Kelly’s sentencing pending his ongoing cooperation.
Co-defendant Quiros pleaded guilty to wire fraud conspiracy, money laundering, and concealment charges in August 2020 and currently awaits sentencing. Co-defendant Stenger has entered a not guilty plea to the pending charges, which are only allegations. Stenger is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law. The Court has scheduled his trial for October 2021. Co-defendant Choi remains at large.
Acting United States Attorney Jonathan Ophardt expressed his gratitude for the outstanding investigative assistance of the Federal Bureau of Investigation, the Criminal Investigation Divisions of the Internal Revenue Service, the Food and Drug Administration, 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 and Trial Attorney Jessee Alexander-Hoeppner, from the Department of Justice Criminal Division. 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 MacArthur, Esq. and David Williams, Esq.
Veronica Lewis Sentenced for Interference with Commerce by Robbery and Possession of a Stolen FirearmRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Veronica Lewis, 37, of Worchester, Vermont, was sentenced today by United States District Judge Christina Reiss after previously having pled guilty to Interference with Commerce by Robbery and Possession of a Stolen Firearm. Judge Reiss accepted the agreement of the parties that Lewis be sentenced to a term of 6 years of incarceration, with no credit for the approximately four years Lewis served in state custody prior to her federal arrest. Lewis will also serve 3 years of supervised release, the maximum available term of post-incarcerative supervision. The parties agreed to determine restitution at a subsequent hearing later in the summer. Lewis also faces sentencing in Vermont’s courts for a charge of Attempted Second Degree Murder.
According to court records, on June 29, 2015, Lewis intentionally fired three rounds from a revolver at D.M. during a firearms lesson at a business in Westford, Vermont. After shooting D.M. in the face and abdomen, Lewis left the business with the revolver. Later in the day, Lewis was apprehended outside her residence in Worchester, Vermont while still in possession of the stolen firearm. The investigation by Vermont State Police revealed that Lewis had first received instruction from D.M. three days prior to the shooting. During that first training session, Lewis asked multiple times about when she would be able to shoot a handgun, and whether .22 caliber ammunition could kill someone. A search of Lewis’s bedroom resulted in the seizure of targets from the June 26, 2015 training session, handwritten questions about embalming and body removal, a scrapbook entitled D.E.A.T.H., and a computer. A search of the computer’s browsing history revealed Lewis had visited websites regarding crime-scene cleanup, crime statistics, prison sentences, poison ingredients, jails and prisons in Vermont, and “what to do after you’re arrested.” Investigators also learned that Lewis had visited a funeral home in Burlington on June 23 and 24, 2015, where she insisted on seeing an embalming, asked questions about facial reconstructions, and stated “I have some ideas about death and I need to explore them.”
At the request of the government, a forensic psychological examination was conducted while Lewis was in federal custody. That examination included a detailed review of the investigative materials, hundreds of pages of Lewis’s mental health records, and 12 hours of interviews of Lewis over the course of multiple days. A number of psychological tests were administered to Lewis, and collateral phone interviews were conducted. After this thorough investigation, the forensic psychologist determined that, although Lewis was suffering from schizoaffective disorder and posttraumatic stress disorder at the time of the shooting, Lewis was able to appreciate the wrongfulness of her criminal conduct, and was therefore sane at the time she shot D.M.
At the sentencing hearing today, Judge Reiss reviewed in detail the evidence surrounding Lewis’s mental health at the time of the shooting, including the lack of concern from trained mental health providers with whom Lewis interacted in the weeks before the shooting. Judge Reiss also noted that lay people with whom Lewis interacted in the days before and immediately after the shooting also failed to note any indicators of a mental health crisis. Judge Reiss concluded that Lewis acted with clear intent, and Lewis’s actions in concealing her criminal conduct supported a finding that Lewis was aware of the wrongfulness of her actions.
Acting United States Attorney Jonathan A. Ophardt commended the investigative efforts of both the Vermont State Police and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. “Today’s sentencing holds Veronica Lewis accountable for the intentional harm she inflicted on D.M., with full knowledge of the wrongfulness of her actions. Without doubt, Veronica Lewis suffers from mental health disorders stemming in part from surviving significant trauma and violence. The resolution of this case involved a balancing of these mitigating factors with the horrific and calculated criminal conduct she undertook in Vermont, which resulted in significant harm to a fellow human being. The United States Attorney’s Office and our law enforcement partners will continue to prioritize violent crime and advocate for the rights of victims of violence. I am especially thankful for the assistance of the Vermont Attorney General in obtaining a coordinated resolution of this matter that provides assurances for long-term supervision of Veronica Lewis, a result not obtainable under federal law.”
Lewis is represented by Assistant Federal Defender David McColgin. Acting U.S. Attorney Ophardt prosecuted the matter for the government.
Felon with multiple convictions charged with possessing a firearm, also possessed a meat cleaver and a daggerRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Rafael Ortiz, 44, of Ascutney, Vermont appeared today in federal court after being charged with being a felon in possession of a firearm. Ortiz was ordered detained by United States Magistrate Judge Kevin Doyle pending a detention hearing currently scheduled for Monday.
According to court records and other information presented in court, on May 19, 2021, law enforcement officers were searching for Rafael Ortiz because he had multiple outstanding warrants for Vermont state charges, including warrants for aggravated assault with a deadly weapon, assault and robbery with a weapon, and eluding law enforcement officers. While in Lyndon, Vermont, officers saw Ortiz walking and attempted to arrest him. Officers instructed Ortiz multiple times to raise his hands and get on the ground. Ortiz refused and ran from the officers. During his flight, Ortiz pulled a black firearm from his waistband and tossed it into some nearby bushes. An officer’s body camera footage captured Ortiz throwing his gun. Eventually, officers caught and arrested Ortiz, and found Ortiz to be in possession of a meat cleaver and a dagger. The firearm Ortiz discarded was identified as a Sig Sauer P320 9-millimeter handgun with an obliterated serial number.
On May 20, 2021, Ortiz was charged via criminal complaint with possession of a firearm by a convicted felon. The United States Attorney emphasizes that the charges in the complaint are accusations, and that the defendant is presumed innocent unless and until proven guilty.
Acting United States Attorney Jonathan A. Ophardt stated: “The United States Attorney’s Office and our law enforcement partners are focused on apprehending violent criminals plaguing our communities. Federal firearm statutes remain key tools in addressing potential violence before it occurs, and holding individuals accountable for criminal conduct with firearms. I am greatly appreciative of the investigatory efforts of the Vermont Drug Task Force and the Vermont State Police, as well as the vital assistance of the St. Johnsbury Police Department.”
Caledonia County State’s Attorney Jessica Zaleski stated: “Thank you to our local, State and Federal law enforcement for working collaboratively to apprehend Mr. Ortiz. It is this type of collaboration that allows us to best serve the community and get dangerous offenders out of the neighborhoods of Caledonia County.”
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/projectguardian/.
The United States is represented in this matter by Assistant U.S. Attorney Jeffrey W. Davis. Assistant Federal Public Defender David McColgin represents the defendant.
Todd Bussino Pleads Not Guilty to Multiple Convenience Store Robbery ChargesRead the Press Release
The Acting United States Attorney for the District of Vermont, Jonathan Ophardt, announced that Todd Bussino, 37, of Rutland, pled not guilty today in United States District Court in Burlington to charges that he robbed four Rutland-area convenience stores between November 2020 and March 2021. U.S. Magistrate Judge Kevin Doyle ordered that Bussino be held without bail pending trial.
According to court records, federal, state and local law enforcement officials in the Rutland area have been investigating a series of robberies that took place between early November 2020 and April 2021 in Rutland and surrounding towns. In each of the robberies, a single male entered the store, waited until other customers had left and then demanded money from the clerk. In almost all the incidents, the robber brandished a knife. Bussino was arrested after the ninth such robbery, on March 7, but released on bail. He was rearrested after a tenth, attempted robbery on April 13. On April 21, a federal grand jury in Rutland charged Bussino with four of those robberies.
The Acting United States Attorney emphasizes that the charges in the indictment are merely accusations and that Bussino is presumed innocent unless and until he is proven guilty.
If convicted, Bussino faces up to 20 years of imprisonment for each robbery and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.
This case has been investigated by the Federal Bureau of Investigation, the Rutland Police Department, the State Police and the Rutland County Sheriff’s Department.
Bussino is represented by Assistant Federal Defender Steven Barth. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Johnson Man Charged with Drug TraffickingRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Joshua Preston, 32, of Johnson, Vermont, was arrested yesterday on a Criminal Complaint alleging that he possessed with intent to distribute heroin, fentanyl, cocaine, and cocaine base in March of 2020. At the time of his arrest, Preston possessed additional controlled substances he intended to distribute. Preston’s initial appearance in federal court has not yet been scheduled.
According to court records, in late February of 2020, a Drug Enforcement Administration Special Agent observed Preston conducting what appeared to be a drug transaction in a parking lot in Williston, Vermont. In early March of 2020, DEA agents conducted surveillance in the same parking lot, and confronted Preston during a suspected drug transaction. A search of Preston’s vehicle resulted in the seizure of approximately 32 grams of suspected cocaine base, approximately 32 grams of suspected cocaine, over 60 grams of suspected fentanyl, and a digital scale. Yesterday, DEA agents conducted surveillance on Preston’s residence in Johnson, Vermont. Agents observed Preston conduct what appeared to be a drug transaction. Preston was subsequently arrested, and a search of his residence resulted in the seizure of nearly 5,000 bags of suspected fentanyl and approximately 140 grams of powder cocaine.
The United States Attorney emphasizes that the charge against Preston is merely an accusation and that he is presumed innocent unless and until proven guilty.
If convicted of the charged offense, Preston could face up to twenty years in prison, up to a $1,000,000 fine, and a period of federal supervised release. Any sentence will be formulated through consultation of the United States Sentencing Guidelines and consideration of Preston’s personal history and characteristics.
This case is being investigated by the Drug Enforcement Administration.
Acting United States Attorney Jonathan A. Ophardt is prosecuting the case for the government. Preston has not yet retained or been appointed counsel.
Michael Gonzalez Sentenced to Time Served for Federal Firearm OffenseRead the Press Release
The Acting United States Attorney for the District of Vermont announced today that Michael Gonzalez, 32, was sentenced today to time served, which was a period of over 13 months of imprisonment, for making a false statement in connection with the attempted acquisition of a firearm. Chief Judge Geoffrey Crawford also ordered that Gonzalez serve a three-year period of supervised release.
According to court documents, on August 26, 2019, Gonzalez was arraigned by Judge David Fenster in Chittenden County Superior Court on a charge of first-degree aggravated domestic assault with a weapon, in violation of 13 VSA, Section 1043(a)(2). During the arraignment, Michael A. Gonzalez was provided with a copy of the charging information, which stated that the penalty for a violation of 13 VSA, Section 1043(a)(2), was not more than 15 years of imprisonment. On September 23, 2019, Michael A. Gonzalez attempted to purchase a Ruger Security 9-millimeter caliber pistol from a federally licensed dealer in Williston, Vermont. As part of the attempted purchase, Gonzalez completed an ATF Form 4473. On the ATF Form 4473, Gonzalez falsely stated that he was not under indictment or charged by information for a felony for which the judge could imprison him for more than one year. Gonzalez provided the ATF Form 4473 containing the false statement to the firearms dealer, who submitted the information to the FBI’s National Instant Criminal Background Check System (NICS). The initial response from the NICS required a “delay.” Gonzalez never obtained the Ruger pistol.
In July of 2018, law enforcement seized a firearm from Gonzalez due to evidence he was recently using controlled substances. In October 2018, Gonzalez was prevented from obtaining a firearm due to a denial during a federal background check, which also stemmed from his use of controlled substances.
Acting United States Attorney Jonathan Ophardt commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). “A crucial tool in combatting domestic violence is preventing firearm sales to those accused of and convicted of violent domestic assaults. The United States Attorney’s Office will continue to aggressively prosecute federal firearm crimes to disrupt potential violence before it occurs. We appreciate the assistance of licensed federal firearms dealers who diligently follow background check procedures, which are crucial to these efforts.”“ATF’s top priority is to keep guns out of the hands of criminals and other prohibited persons. A valuable tool in this prevention effort is the ATF Background Check Form 4473, which must be completed before a federally licensed firearm dealer sells or transfers a firearm,” said Special Agent in Charge Kelly D. Brady of the ATF Boston Field Division. “Criminals and other prohibited persons who attempt to thwart the background check process by lying on the required forms threaten to undermine this important crime prevention tool, and such conduct cannot be tolerated.”
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
Gonzalez is represented by Chandler Matson, Esq. The prosecutor is Assistant U.S. Attorney John Boscia.
Acting U.S. Attorney Jon Ophardt Recognizes Service of Law Enforcement for National Police WeekRead the Press Release
The week of May 9th to May 15th will be recognized around the country as National Police Week. This tradition of recognizing the service and sacrifice of law enforcement began in 1962, when President John F. Kennedy issued the first proclamation for Peace Officer’s Memorial Day and National Police Week. National Peace Officer’s Day, which falls on May 15th every year, honors law enforcement officers killed or disabled in the line of duty. National Police Week is set aside each year to recognize the significant contributions and extraordinary work by law enforcement in keeping our communities safe.
“Our federal, state, county, and local law enforcement partners regularly face challenging and dangerous situations, without hesitation,” stated Acting U.S. Attorney Jonathan A. Ophardt. “The commitment of law enforcement to protecting the safety of our community has not waivered during the difficulties of the pandemic. A necessary conversation is happening nationwide about police reform, and an examination of the role of police and the tactics they use is warranted and justified. I encourage continued engagement with this important issue, but also encourage celebration of the individuals who belong to the noble profession of law enforcement. We cannot live in a thriving community without having guardians of peace and a functioning system of justice. Police officers are vital to preventing the victimization of our children, our elders, our minority populations, and all vulnerable Vermonters. I thank each of them for their daily sacrifices and call good men and women to join them in the ranks of the hard working and honest law enforcement professionals serving all Vermonters.”
According to national statistics, 295 American law enforcement officers were killed in the line of duty in 2020. 182 of them died of COVID, which they contracted while on duty, serving their communities. This is a stark reminder of the level of dedication and good work law enforcement officers selflessly perform every day. Their work stands in sharp contrast with officers who unlawfully choose to abuse their authority and betray their peacekeeper oath.
Although Vermont was fortunate to avoid a law enforcement line-of-duty death this past year, the Vermont law enforcement community lost a close friend and colleague. On February 2, 2021, FBI Special Agent Daniel Alfin was shot to death in Sunrise, Florida while serving a search warrant at the home of a child pornography suspect. Agent Alfin’s death and that of his fellow FBI Agent sent shockwaves through the federal law enforcement community. SA Alfin had worked in the Albany Field Office of the FBI, which supports FBI investigations in Vermont. SA Alfin’s dedication to the protection of children included supporting multiple Vermont investigations and prosecutions, and his name was known within the Vermont USAO as an agent with the brightest of futures. His death was a true tragedy, and a grim reminder that all investigations have risk.
A total of 41 law enforcement officers have died on duty while serving Vermonters. The risks of this profession are a constant concern of our law enforcement officers and present in every town in Vermont. Danger is a possibility in each call for help. Their willingness to rush to intervene in instances of domestic violence, shootings, assaults, burglaries, homicides, robberies, and other crimes deserves gratitude.
The United States Attorney’s Office honors those who have lost their lives and been injured in service of others. We also recognize the sacrifice of law enforcement families, who shoulder a unique and complex set of emotions and challenges stemming from the service of their loved ones. Some endure the horrors of loss, but all endure additional anxiety and burdens stemming from the demands of a law enforcement career.
National Police Week also reminds us about the need for officer wellness. Law enforcement is a highly stressful profession, requiring a unique combination of poise, flexibility, and perception. The constant pressures of responding to unknown circumstances can take a toll in normal circumstances. The addition of a public health crisis and frequent burden of overtime undoubtedly has exacerbated the challenge. Law enforcement officers suffer increased heart disease, stress disorders, post-traumatic stress disorder (PTSD), depression, and alcohol abuse. Stigmas and the perception of potential impacts on employment create barriers to treatment. In 2020, 172 officers died of suicide. So far in 2021, 56 officers have taken their own lives. We encourage officers to seek the support and help they need. Please call 1-800-273-TALK or text “blue” to 741741.
The U.S. Attorney’s Office relies heavily on our federal, state, county, and local law enforcement partners in striving to make Vermont a safe community. During National Police Week, we will join Vermonters and our nation in remembering and honoring those injured and fallen officers who bravely served. And we will celebrate the noble sacrifice made by all honorable officers each and every day.
Connecticut Man Sentenced to 120 Months in Prison Following Conviction for Drug Conspiracy Involving More Than 30 Kilograms of HeroinRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on May 3, 2021, United States District Judge Christina Reiss sentenced Jose Fontanez, 33, to 120 months in prison following his guilty plea to a charge of conspiring to distribute in Vermont one kilogram or more of heroin, 400 grams or more of fentanyl, and 500 grams or more of cocaine between 2010 and November 26, 2018.
According to Court records, in November of 2018, an informant working with the Federal Bureau of Investigation and Vermont State Police Drug Task Force placed 11 recorded phone calls to Fontanez, also known as “Chiqui,” arranging the purchase of heroin. The FBI Northern Connecticut Gang Task Force watched as Fontanez travelled from his stash house in Hartford, Connecticut to a planned meeting location in Holyoke, Massachusetts, where Fontanez was arrested by the FBI Western Massachusetts Gang Task Force. At the time of his arrest, Fontanez was in possession of the heroin the informant had arranged to purchase.
After Fontanez’s arrest, the FBI executed a search warrant at Fontanez’s stash house. Inside Fontanez’s stash house, agents seized a mixture of heroin and fentanyl as well as packaging materials identical to those possessed by Fontanez at the time of his arrest. Subsequent investigation revealed that Fontanez used his Hartford, Connecticut stash house to process, package, and store heroin, and that Fontanez utilized co-conspirators in Vermont, Connecticut, Maine, and elsewhere to acquire, package, and re-distribute controlled substances.
At sentencing, Judge Reiss found that Fontanez’s criminal conduct involved over 30 kilograms of heroin; that he maintained a premises for the purpose of manufacturing and distributing a controlled substance; that he committed the offense as part of a pattern of criminal conduct engaged in as a livelihood; and that he was a manager or supervisor of criminal activity involving five or more participants. Judge Reiss also noted that Fontanez had been seen with over $250,000 on multiple occasions, and that Fontanez had intentionally utilized fentanyl with the purpose of increasing his drug sales.
Acting United States Attorney Jonathan Ophardt praised the collaborative, multi-state investigative effort that resulted in this successful prosecution. He added: “Drugs like heroin, fentanyl, and cocaine are illegal because they are dangerous. The consumption of these illicit substances rips at the fabric of our communities, results in the deterioration of our families, and impacts all aspects of our lives. The U.S. Attorney’s Office will continue to work diligently with our law enforcement partners to hold drug traffickers like Fontanez accountable for the damage inflicted by their greed. I commend the investigative efforts of the FBI in Vermont and the Vermont State Police Drug Task Force, as well as the FBI Northern Connecticut Gang Task Force and the FBI Western Massachusetts Gang Task Force. I also thank the Drug Enforcement Administration’s Hartford Regional Office and the New Hampshire State Police for their assistance.”
“Mr. Fontanez is one of dozens of deplorable individuals who spent years running a disturbing amount of dangerous drugs through our Vermont communities,” said Thomas F. Relford, Special Agent in Charge of the Federal Bureau of Investigation’s Albany Field Office. “Vermont residents should feel safer knowing he’ll spend the next decade behind bars. Today’s sentence is indicative of the success that can be attained when agencies combine resources to remove violent drug distributors from the streets. Our office is grateful for the continued partnership from the U.S. Attorney’s Office, Vermont State Police, New Hampshire State Police, DEA, and our colleagues in Massachusetts and Connecticut. We remain committed to working together to attack these dealers and remove violent criminals from our communities.”
The case was prosecuted by Assistant United States Attorneys Nate Burris and Paul Van de Graaf. Fontanez was represented by Attorney Brooks G. McArthur of Jarvis, Williams & McArthur.
Saturday, April 24th is National Prescription Drug Take Back DayRead the Press Release
On April 24th, the U.S. Drug Enforcement Administration will again conduct one of its most popular community prevention programs: National Prescription Drug Take Back Day. Between 10 a.m. and 2 p.m. this Saturday, the public can dispose of their expired, unused, and unwanted prescription medications at over 55 locations throughout Vermont, which will be operated by local law enforcement agencies and other community partners. Most collection sites can be found in the lobby of your local Police Department. To find a collection site near you and to learn more, visit www.deatakeback.com or call 1-800-882-9539. The service is free of charge; no questions asked.
The last Prescription Drug Take Back Day resulted in the collection of almost 5,000 pounds of unwanted, expired, unused prescription drugs and electronic vaping devices/cartridges throughout Vermont. The DEA and its partners collected over 57 tons throughout New England.
Acting United States Attorney Jonathan A. Ophardt stressed the importance of properly disposing of expired, unused, and unwanted prescription medications. “In 2020, 158 Vermont residents died of opioid overdose, a 38% increase from 2019. Over 25% of opioid overdose deaths in 2020 involved prescription opioids, and 11% involved prescription stimulants. Unused medication, especially highly addictive prescription opioids, are vulnerable to diversion, misuse, and abuse. By properly disposing of unused prescription drugs, every Vermonter can help keep our communities safe. I thank the DEA and all our partners in coordinating this important effort.”
Shequille Carter Sentenced to Five Years in Prison for Federal Drug OffenseRead the Press Release
The Acting United States Attorney for the District of Vermont announced today that Shequille Carter, 28, was sentenced to 60 months in prison for possessing with intent to distribute heroin, fentanyl, and more than 28 grams of cocaine base. Chief Judge Geoffrey Crawford also ordered that Carter serve a four-year period of supervised release following the prison term.
According to court documents and evidence presented at trial, on August 21, 2019, Carter traveled with two others from the Burlington area to a St. Johnsbury residence linked to drug trafficking. After a brief stop at the residence, Carter and the others were driving back toward Burlington when a Vermont State Trooper stopped their car for a traffic infraction. A search of the car’s interior yielded approximately 290 bags of heroin laced with fentanyl and approximately 41 grams of crack cocaine. The drugs were recovered from a center console in the rear seat of the vehicle, where Carter had been sitting. Carter also had $3,071 in cash on his person. In Carter’s cellphone, investigators found text messages and other entries indicative of drug-trafficking, including messages arranging sales of heroin and cocaine. A federal jury in Rutland convicted Carter of this offense following a two-day trial in September of 2020.
At the time of Carter’s drug trafficking activity in Vermont, he was serving a term of supervised release following a prior federal conviction for conspiracy to distribute marijuana sustained in the Southern District of New York. Carter subsequently failed to appear for revocation proceedings in the Southern District of New York, and absconded supervision. On January 2, 2020, DEA agents located and arrested Carter in Burlington, Vermont. Carter faces additional proceedings in the Southern District of New York related to his supervised release violations.Acting United States Attorney Jonathan Ophardt commended the investigative efforts of the Drug Enforcement Administration (DEA), the Vermont State Police, the Burlington Police Department, and the assistance of the Vermont Drug Task Force.
Carter is represented by Assistant Federal Public Defender Elizabeth Quinn and Federal Public Defender Michael Desautels. The prosecutors are Assistant U.S. Attorneys Gregory Waples and Spencer Willig.Victoria Pease Sentenced for Distributing HeroinRead the Press Release
The United States Attorney for the District of Vermont announced that Victoria Pease, 32, was sentenced today in United States District Court in Burlington to time served following her guilty plea to a charge that she distributed heroin laced with fentanyl. U.S. District Judge Christina Reiss ordered that Pease immediately begin serving a three-year term of supervised release. Pease must also be on location monitoring for six months.
Last year, a federal grand jury charged Pease with distributing heroin in Brattleboro on March 12, 2020. Pease was arrested on the charge in August and has been detained since her arrest. Pease had a prior federal felony drug conviction sustained in 2017.
This case was investigated by the Vermont Drug Task Force.
Pease is represented by Katina Francis, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.
National Crime Victims’ Rights WeekRead the Press Release
Next week, starting Monday, April 19th, 2021, the United States Attorney’s Office will join the rest of the Department of Justice in observing National Crime Victims’ Rights Week. The U.S. Attorney’s Office will participate in events that celebrate and support crime victims and their advocates.
Crime Victims’ Rights Week is a nationally recognized annual commemoration in April, set aside to celebrate and acknowledge the hard work and dedication of victim advocates, as well as to promote victims’ rights and services. This year, the Center for Crime Victim Services in partnership with the United States Attorney’s Office will host an annual awards ceremony, via video conference, on Monday April 19th. This ceremony will honor survivors, advocates, and service providers. On Wednesday April 21st, they will be hosting an advanced training webinar for advocates featuring Dr. Chris Wilson of Being Trauma Informed (BTI), an expert in the field of trauma.
Criminals continue to prey on the vulnerable in our communities, and in the past year, have taken advantage of the isolation and limitations caused by the public health crisis. Despite these challenges, our advocates and service providers have continued their important work to protect victims of domestic violence, gun violence, child exploitation, fraud, and drug trafficking. As our community reopens in the next few months, isolated victims will undoubtedly be identified, and all victims will need additional support navigating an altered landscape. Victims can find valuable resources on-line at www.justice.gov/usao/vt
Acting United States Attorney Jonathan A. Ophardt stated: “The mission of the U.S. Attorney’s Office is structured around the pursuit of justice for victims and their families. Violent crime, child exploitation, drug trafficking, and financial abuses inflict significant harm on Vermonters. Victims of these and other crimes will always have devoted advocates at the U.S. Attorney’s Office and throughout the State of Vermont, seeking justice on their behalf. Working with our vital law enforcement partners, we strive to ensure victims’ rights are protected, that their voices are heard, and that they receive appropriate compensation and recovery services. We thank our community partners who provide vital assistance to crime survivors and make Vermont safer through their numerous prevention efforts. Thank you for your tireless work.”
The Office of Justice Programs provides innovative leadership to federal, state, county, local, and tribal justice systems, by disseminating state-of-the art knowledge and practices across America and providing grants for the implementation of crime-fighting strategies. More information about the Office of Justice Programs and its components can be found at www.ojp.gov. More information about National Crime Victim’s Rights Week can be found at https://ovc.ncjrs.gov/ncvrw/. You may also contact the U.S. Attorney’s Office, District of Vermont, Victim Witness Program at (802) 951-6725.
Massachusetts Drug Trafficker Arraigned for Selling More Than 20,000 Bags of Heroin and FentanylRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Matthew A. Oquendo, 28, of Holyoke, Massachusetts was arraigned today in federal court on charges related to the selling of heroin and fentanyl during several FBI undercover operations. Oquendo entered pleas of not guilty to the charges. Oquendo remains detained pending trial.
According to court records and other information presented in court, during the months-long investigation, the FBI used a confidential source to purchase heroin and fentanyl from Oquendo. On March 8, 2021, the FBI confidential source purchased approximately 2,000 bags of fentanyl from Oquendo for $4,000. Just five days later, on March 13, 2021, the FBI confidential source purchased approximately 20,000 bags of heroin from Oquendo for $40,000. Shortly after the deal, Oquendo realized that the $40,000 was fake money. As a result, Oquendo attempted to chase down the confidential source’s vehicle. Law enforcement officers attempted to stop Oquendo by driving towards his car with their blue/red emergency lights engaged; however, Oquendo continued to chase the confidential source’s vehicle – ultimately, requiring an FBI officer to ram Oquendo’s car. Oquendo fled the area in his vehicle, speeding through an intersection and into oncoming traffic causing law enforcement to cease their pursuit. Eventually, law enforcement officers located Oquendo’s vehicle and, with the assistance of a K-9, found Oquendo hiding in a wooded area.
On April 8, 2021, the Grand Jury returned a two-count indictment against Oquendo for distributing fentanyl and for distributing 100 grams or more of heroin. The United States Attorney emphasizes that the charges in the indictment are merely accusations, and that the defendant is presumed innocent unless and until proven guilty. The defendant faces a five-year mandatory minimum sentence based on the allegation of distributing 100 grams or more of heroin. The actual sentence would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.
The FBI, the FBI Western Massachusetts Gang Task Force, the Vermont Drug Task Force, the Vermont State Police, and the Easthampton (Massachusetts) Police Department Drone Unit are investigating the case. The United States Attorney’s Office also recognizes and appreciates the Brattleboro Police Department for the vital assistance it provided during this investigation.
The United States is represented in this matter by Assistant U.S. Attorney Jeffrey W. Davis. Assistant Federal Public Defender Steven Barth represents the defendant.
Rutland Man Charged with Unlawfully Possessing Firearm that Killed Another Rutland ManRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Kahliq Richardson, 18, of Rutland, Vermont, was arrested yesterday evening for unlawfully possessing a firearm. Richardson is scheduled to appear remotely this afternoon for an initial appearance before the Hon. Kevin J. Doyle, United States Magistrate Judge.
According to the complaint filed earlier today, on Saturday, April 3rd, Rutland City Police responded to a shooting at the Quality Inn on South Main Street. In Room 100, they located a deceased male who had suffered a gunshot wound to the head, a tan Taurus 9mm pistol, assorted ammunition, suspected marijuana, and drug paraphernalia. Witnesses identified Richardson as having possessed a tan firearm in the days prior to the shooting. Richardson subsequently reported to law enforcement that he had used cocaine base in Room 100 of the Quality Inn on the evening of April 3, 2021. Richardson also admitted to being in possession of the tan Taurus firearm, and that the firearm had accidentally discharged. Law enforcement subsequently searched Richardson’s bedroom, locating suspected marijuana and one 9mm ammunition cartridge. Law enforcement also ascertained that Richardson had been served with a final Relief From Abuse order on January 29, 2021, following an incident of domestic violence reported by Richardson’s ex-girlfriend.
Richardson was arraigned in Vermont Superior Court in Rutland on April 5, 2021 on a charge of manslaughter related to the shooting at the Quality Inn. Following the hearing, Richardson was arrested by an FBI Task Force Officer for Richardson’s possession of a firearm while an unlawful user of controlled substances and after having been served with a relief from abuse order, both in violation of Title 18, United States Code, Section 922(g).
The United States Attorney emphasizes that the charge against Richardson is merely an accusation and that he is presumed innocent unless and until proven guilty.
If convicted of the charged offense, Richardson could face up to ten years in prison, up to a $250,000 fine, and a period of federal supervised release. Any sentence will be formulated through consultation of the United States Sentencing Guidelines and consideration of Richardson’s personal history and characteristics.
AUSA Wendy Fuller is prosecuting the case for the government. Richardson is represented by Mark Kaplan, Esq.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting firearm use and possession crimes; prioritizes prosecuting persons who make false statements when attempting to obtain firearms; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives concerning persons who attempt to obtain firearms illegally; coordinates responses to persons prevented from obtaining firearms for mental health reasons; and ensures the use of modern intelligence tools and technology to focus on the criminals posing the greatest threat to our communities.
For more information, please see https://www.justice.gov/projectguardian.
Dajuan Williams and Multiple Others Charged in Nationwide Drug and Money Laundering ConspiracyRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that on December 3, 2020, a federal grand jury returned a sixteen-count indictment charging (1) eight people with conspiracy to distribute controlled substances between September 2019 and November 2020 and (2) five people with conspiracy to launder monetary instruments. Dajuan Williams, 28, of Detroit, Michigan, is the lead defendant in the indictment. As of April 6, 2021, seven of the eight charged individuals have been arraigned in federal district court in Vermont.
In the drug conspiracy, in addition to Dajuan Williams, the government charged Mohamed Luhizo, 23; Jaylinn Lenoir, 22; Stephen Alexander, 31; Rendell Perkins, 21; Jessica Elwell, 30; Juwon Robinson, 26; and another defendant who remains a fugitive. In the money laundering conspiracy, the government charged Williams, Elwell, Luhizo, Alexander, and another defendant who remains a fugitive. The indictment also contains two forfeiture notices – one associated with the drug charges and one associated with the money laundering charges.
According to Court records, Williams—who is also known by a variety of aliases, including “D,” “Detroit,” “Big Bro,” “Corn,” and “Sosa” — supervised the distribution of controlled substances to various locations in Vermont, North Dakota, Montana, and elsewhere. Williams and others under Williams’s supervision distributed a variety of controlled substances, including dangerous opiates, as well as highly addictive stimulants such as cocaine base and methamphetamine. Some of the drugs involved were fentanyl pills created to resemble prescription opiate medications.
Williams also supervised the laundering of drug proceeds via cash deposits into bank accounts followed by the transfer of proceeds using a variety of methods, including mobile payment services such as Cash App, Zelle, and Venmo. In addition, Williams laundered drug proceeds through the purchase of numerous luxury vehicles.
Williams was arrested on January 13, 2021 in Los Angeles, California at his residence. On the same day, law enforcement agents executed search warrants at another residence in Los Angeles and a storage locker associated with Williams’s drug trafficking organization. During the searches, agents located an assault rifle and approximately two pounds of methamphetamine. Law enforcement also arrested the following defendants on January 13, 2021 – Luhizo and Robinson in Vermont; Lenoir in Los Angeles, California; Alexander in Gary, Indiana; Elwell in Owl’s Head, Maine; and Perkins in Grand Rapids, Michigan.
In addition to the drug conspiracy charges, defendants Mohamed Luhizo, Jaylinn Lenoir, Stephen Alexander, Rendell Perkins, and Juwon Robinson have been charged with distributing controlled substances, including fentanyl, cocaine base, and cocaine all in violation of the Controlled Substances Act. In addition to the money laundering conspiracy charge, the government has charged Williams with three counts of money laundering based on his purchase of a black 2016 Maserati Ghibli; a white 2017 Audi A7; and a grey 2017 BMW X6. Alexander has also been charged with one count of money laundering.The United States Attorney emphasizes that the charges in the indictment are merely an accusation, and that each defendant is presumed innocent unless and until proven guilty. Williams, Alexander, and the fugitive defendant all face a five-year mandatory minimum sentence based on the drug conspiracy charge. The actual sentence for each defendant, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.
This indictment follows a twelve-month investigation conducted by state and federal agencies which was led by Homeland Security Investigations. HSI was assisted in this investigation by agents from IRS-Criminal Investigations, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Postal Inspection Service, troopers from the Vermont State Police Drug Task Force, Burlington Police Department, and South Burlington Police Department. The coordinated law enforcement effort focusing on Williams and his drug trafficking organization was conducted as part of the Organized Crime Drug Enforcement Task Force (OCDETF) Program. OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Acting United States Attorney Jonathan Ophardt commended the concerted efforts of law enforcement throughout the year-long transcontinental investigation. “Astounding profits from illicit drug trafficking funneled through this expansive drug trafficking organization. While we work to reduce demand for illicit drugs through prevention and treatment efforts, federal authorities will continue to pursue those who profit from the peddling of poison in our communities.”
“Homeland Security Investigations is pleased that Dajuan Williams and his codefendants will face justice in Vermont,” stated acting Special Agent in Charge William Walker of the Homeland Security Investigations Boston Office. “As referenced in this press release, a committed effort by HSI and our law enforcement partners has removed dangerous narcotics traffickers from communities not only in Vermont but across the country.”
The United States is represented in this matter by Assistant U.S. Attorneys John Boscia and Nikolas Kerest. Robert Katims represents Dajuan Williams. Ernest Allen represents Juwon Robinson. Richard Bothfeld represents Mohamed Luhizo. Jordana Levine represents Jaylinn Lenoir. David Sleigh represents Jessica Elwell. Robert Behrens represents Rendell Perkins. Kevin Henry represents Stephen Alexander.
Williston Man Charged with Distribution of Crack CocaineRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Gregory Lewis, 25, of Williston, Vermont, was arrested yesterday on charges that he distributed cocaine base in January and February of 2021. Lewis is scheduled to appear remotely this afternoon for an initial appearance before the Hon. Kevin J. Doyle, United States Magistrate Judge.
According to court records, law enforcement utilized a confidential informant to purchase approximately one ounce of crack cocaine from Lewis on two separate occasions in early 2021. On March 29, 2021, law enforcement executed search warrants on Lewis’ residence in Williston and a storage unit in South Burlington, Vermont linked to Lewis. During the searches, agents seized over $20,000 of suspected drug proceeds, three handguns, a rifle, and ammunition. One of the handguns, a Glock Model 45 pistol, had previously been reported stolen. During the search, Lewis was arrested in the bathroom of his residence, near a backpack with plastic packaging containing suspected cocaine residue. Suspected cocaine residue was also found near the toilet. In a post-arrest interview, Lewis admitted to agents that during the execution of the warrant, he had flushed over 700 grams of cocaine down the toilet.
The United States Attorney emphasizes that the charges against Lewis are merely accusations and that he is presumed innocent unless and until proven guilty.
If convicted of the charged offenses, Lewis could face up to twenty years in prison, up to a $1,000,000 fine, and a period of federal supervised release. Any sentence will be formulated through consultation of the United States Sentencing Guidelines and consideration of Lewis’ personal history and characteristics.
This case is being investigated by the Drug Enforcement Administration, the Burlington Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Vermont State Police.
Acting United States Attorney Jonathan A. Ophardt is prosecuting the case for the government. The Federal Public Defender’s Office is representing Lewis.
Chittenden County Man Linked to Shooting Charged with Possessing over Eight Ounces of Crack CocaineRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Loren Senna, 37, of Burlington, Vermont, was arrested on Friday evening and has been charged by federal complaint with possessing with intent to distribute 28 grams or more of a mixture or substance containing cocaine base. Senna is scheduled to appear remotely this afternoon for an initial appearance before the Hon. Kevin J. Doyle, United States Magistrate Judge.
According to the complaint filed this morning, on Friday evening, officers with the South Burlington Police Department were assisting in the investigation of a Burlington shooting when they conducted a traffic stop of a white Dodge Ram being driven by Senna. The officers observed a large quantity of what appeared to be drugs on the driver’s floorboard, which was later determined to be approximately 230 grams of suspected cocaine base, or approximately 8 ounces. A search of Senna resulted in the seizure of $5,812 and a 9mm bullet. A search of Senna’s backpack resulted in the discovery of a 9mm firearm. Investigators have preliminarily linked Senna to a white Jeep from which multiple gunshots were discharged earlier Friday evening near Murray Street and Allen Street in Burlington.
The United States Attorney emphasizes that the charge against Senna is merely an accusation and that he is presumed innocent unless and until proven guilty.
If convicted of the charged offense, Senna could face up to forty years in prison, a mandatory minimum of five years in prison, up to a $5,000,000 fine, and a period of federal supervised release. Any sentence will be formulated through consultation of the United States Sentencing Guidelines and consideration of Senna’s personal history and characteristics.
AUSA Nicole P. Cate is prosecuting the case for the government. Senna is represented by the Federal Public Defender’s office.
Catherine Verdon Sentenced on False Statements ChargeRead the Press Release
The United States Attorney for the District of Vermont announced that Catherine Verdon, 46, of Middletown Springs, was sentenced today in United States District Court in Rutland following her guilty plea to an indictment charging her with making false statements to obtain federal and state program benefit payments. Chief U.S. District Judge Geoffrey Crawford ordered that Verdon serve two years of probation and pay $95,000 in restitution to the State of Vermont and the U.S. Social Security Administration.
On January 29, 2020, a federal grand jury in Rutland returned a four-count indictment against Verdon. Two of the counts charged Verdon with making false statements to the Social Security Administration in connection with her applications for Supplemental Security Income benefits, a need-based assistance program for aged, blind and disabled individuals. According to the indictment, Verdon falsely claimed that she and her husband were separated and that he did not live in the household. In fact, Verdon lived with her husband who earned substantial income. Her falsehoods affected her eligibility to receive any SSI benefits.
The indictment further charged Verdon with making false statements to Vermont officials in connection with her application for benefits under Vermont assistance programs that are funded, in part, by the U.S. Departments of Agriculture and Health and Human Services. Such programs include Medicaid; 3Squares, a food stamp-type program; a fuel assistance program; and Reach Up, a family assistance program. The indictment alleged that Verdon falsely claimed in her state applications that she and her husband were separated; that he did not live in the household; and that he did not provide financial assistance to the family. Verdon pleaded guilty to one of the false statement counts last November.
This case was investigated by the Offices of the Inspector General of both the Social Security Administration and the Department of Health and Human Services.
Verdon is represented by Assistant Federal Defender Elizabeth Quinn. The prosecutor is Assistant U.S. Attorney Gregory Waples.