District of Vermont
Press releases recorded for this federal judicial district.
Michael Gonzalez Sentenced to 48 Months in Prison for Possessing and Selling Stolen TeslasRead the Press Release
Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on October 11, 2023, Michael Gonzalez, 34, of Shelburne, Vermont, was sentenced by Chief United States District Judge Geoffrey Crawford to a term of 48 months’ imprisonment to be followed by a three-year term of supervised release. Gonzalez previously pleaded guilty to five counts of possessing and disposing of stolen vehicles that had crossed state lines.
According to court records, in 2018 and 2019, Gonzalez executed a scheme to obtain five different, brand new Tesla electric vehicles by falsely indicating he was prepared to pay the full purchase price. Gonzalez never intended to pay for the vehicles. The combined retail price of the five fraudulently obtained vehicles totaled more than $560,000. Gonzalez also submitted false statements to the Vermont Department of Motor Vehicles to obtain title to these cars. Gonzalez sold three of these vehicles to unwitting purchasers, grossing $231,900. When he was unable to sell one of the Teslas, court records explain that Gonzalez drove it onto the frozen surface of Lake Champlain in Shelburne Bay, set it on fire, and submitted an insurance claim for the value of the vehicle.
The sentence also included an order that Gonzalez pay restitution to Tesla in the amount of $493,043.93, and also forfeit $231,900 to the United States.
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the United States Secret Service, the Investigations Unit of the Vermont Department of Motor Vehicles Enforcement & Safety, and the police departments of Shelburne, Vermont, and Seabrook, New Hampshire.
The case was prosecuted by Assistant U.S. Attorneys Jeffrey Davis, John Boscia, Jon Ophardt, Nicole Cate, and Michael Drescher. Gonzalez was represented by Chandler Matson, Esq.
Colchester Man Sentenced to 44 Months for Possessing Firearm as a Convicted FelonRead the Press Release
Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on October 10, 2023, Dennis Martin, 42, of Colchester, Vermont, was sentenced to serve 44 months in prison for unlawfully possessing a firearm as a convicted felon. U.S. District Judge Christina Reiss also ordered Martin to serve a three-year term of supervised release.
Martin was convicted by a jury on February 9, 2023. The evidence at trial included a Snapchat video Martin sent to his mother-in-law on February 18, 2019, in which he brandished a firearm. According to trial testimony, Colchester Police, with the assistance of the Vermont State Police Tactical Services Unit, arrested Martin later in the day on February 18, 2019, from a vehicle near his Colchester residence. A search of the vehicle resulted in a seizure of a Ruger model LCP .380 caliber pistol with a laser sight. An analyst with the Bureau of Alcohol, Tobacco, Firearms, and Explosives testified that the firearm in the video appeared to be the same firearm from the Snapchat video and explained the similarities to the jury.
According to court records, on February 17, 2019, the day before Martin sent the Snapchat video, Martin’s then-wife reported ongoing domestic abuse perpetrated by Martin. Martin’s arrest on February 18, 2019, was for felony domestic assault and disorderly conduct with an electronic device based upon the Snapchat video. Martin was ultimately convicted for misdemeanor domestic assault and disorderly conduct by phone in Vermont Superior Court and sentenced to 363 to 364 days of jail.
The evidence at trial also showed that in 2015, Martin was convicted of a felony in Philadelphia, Pennsylvania, and sentenced to five years’ probation. According to court records, that felony was possession with the intent to distribute cocaine base. Martin testified at his Vermont federal trial that he did not know his prior conviction was a felony. Witnesses for the United States at trial included Martin’s probation officer and the prosecutor who prosecuted Martin in Pennsylvania, both of whom testified that Martin would have been made aware multiple times that his Pennsylvania conviction was for a felony. Evidence at trial also included paperwork Martin had signed that stated in multiple places that his offense was a felony.
At his sentencing on October 10, 2023, the Court found that Martin’s use of the firearm in the Snapchat video, in which he also made threatening statements, was conduct relevant to his unlawful firearm possession and constituted the federal felony of transmitting a threat in interstate commerce. The Court enhanced the sentence calculation accordingly under the U.S. Sentencing Guidelines. The Court also found that Martin obstructed justice by lying under oath at trial when he denied knowing his prior conviction was a felony and, as a result, applied an additional Sentencing Guidelines enhancement.
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Colchester Police Department, and the Vermont State Police.
This case was prosecuted by Assistant U.S. Attorneys Jonathan Ophardt, Corinne Smith and Wendy Fuller. Mr. Martin was represented by Michelle Anderson Barth, Esq.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Six Charged in Cocaine and Fentanyl ConspiracyRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that six defendants have been indicted in Burlington on charges of conspiring to distribute cocaine and fentanyl. Specifically, those charged in the superseding indictment are Tyler Orvis, 40, of Milton Vermont, Christopher Purvis, 27 of Hartford, Connecticut, Alexis Sutton, 23 of Windsor, Connecticut, Russell Mitchell, 26, of Chesapeake, Virginia, Sierra Fuentes, 30, of Bristol, Connecticut, and Dorothy Wilde, 55, of Hyde Park, Vermont.
To date, all six defendants have been arraigned. Most recently, Christopher Purvis appeared in the District of Vermont on October 4, 2023. Previously, on August 11, 2023, Tyler Orvis pleaded guilty to conspiracy to distribute cocaine and fentanyl before United States District Judge Christina Reiss. Orvis is detained pending sentencing, which is scheduled to occur on December 5, 2023. Purvis, Mitchell, Fuentes, and Wilde are detained pending trial. Sutton was released on conditions. A trial date has not yet been set.
According to court records, from September 2022 through December 30, 2022, the conspiracy involved the distribution of cocaine and fentanyl in Burlington, Vermont and elsewhere. The defendants also used a residence in Milton, Vermont to store drug packaging materials.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that the defendants are presumed innocent unless and until they are convicted of a crime. As presently charged, if convicted, the six defendants face a maximum possible penalty of 20 years in prison and fines of up to $1,000,000. The actual sentence, however, would be determined by the federal district court with guidance from the advisory United States Sentencing Guidelines and statutory sentencing factors.
United States Attorney Nikolas P. Kerest thanked the DEA Burlington Office, and acknowledged significant assistance from the Milton Police Department, the Lamoille County Sheriff’s Department, the Morristown Police Department, the DEA Hartford Office, the United States Postal Service Office of Inspector General, the Massachusetts State Police and the Massachusetts Bureau of Prisons.
Assistant United States Attorney Zachary Stendig is handling the case for the government. Mark Kaplan, Esq. represents Tyler Orvis, Federal Public Defender Michael Desautels represents Christopher Purvis, Richard Bothfeld, Esq. represents Alexis Sutton, William A. Vasiliou, II, Esq. represents Sierra Fuentes, and John Mabie, Esq. represents Dorothy Wilde.
New Haven, Vermont Woman Pleads Guilty to Pandemic FraudRead the Press Release
Burlington, Vermont – The United States Attorney for the District of Vermont stated that Jennifer Stocker, 46, of New Haven, Vermont pleaded guilty today in United States District Court in Burlington to a charge of bank fraud in connection with false statements that she made on an application for a Paycheck Protection Program (PPP) loan. Chief U.S. District Judge Geoffrey W. Crawford accepted Stocker’s plea and scheduled her sentencing hearing for March 8, 2024.
On August 16, 2023, the United States filed a one count information charging Stocker with bank fraud. The defendant pleaded guilty to that charge today. According to court records, in May 2020, Stocker falsely stated on a PPP loan application for Twelve Acres LLC, an entity that she co-owned, that she had not been convicted of a felony in the past five years and was not on probation. In fact, in 2018, Stocker pleaded guilty in U.S. District Court in Burlington to making false statements in applications for benefits funded by federal agencies. For that 2018 offense, Stocker was sentenced to five years of probation and ordered to pay nearly $140,000 in restitution.
Twelve Acres’ May 2020 PPP loan application was approved, and Stocker received loan proceeds totaling nearly $60,000. In February 2021, Stocker submitted a second PPP loan application for Twelve Acres and included a false statement about her criminal history. That application was also approved, and Stocker received loan proceeds totaling over $26,000. Stocker submitted loan forgiveness applications for both PPP loans that Twelve Acres received, and both forgiveness applications were granted for the full loan amounts plus interest.
For Stocker’s 2018 offense, the U.S. Probation Office filed a petition alleging that she violated her conditions of probation by failing to pay restitution from February 2022 to July 2022, by opening auto loans without obtaining approval from the probation officer, and by committing the bank fraud offense described above. In today’s hearing, Stocker admitted these violations; she will be sentenced for the violations on March 8, 2024.
For the bank fraud offense, Stocker faces a maximum possible penalty of 30 years in prison and a $1,000,000 fine. For the probation violation, Stocker faces a maximum possible penalty of five years in prison. The actual sentence will be determined by Chief Judge Crawford with reference to the Federal Sentencing Guidelines and the United States Code. In the plea agreement, the government stated that it would recommend a cumulative total term of imprisonment of 25 months.
Stocker is represented by Assistant Federal Public Defender Sara Puls, Esq. The prosecutor is Assistant U.S. Attorney Nicole Cate.
Addressing pandemic-related fraud is a priority of U.S. Attorney Nikolas Kerest and of the Department of Justice. For 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.
Canadian Resident Indicted for Human-Smuggling and Assault ChargesRead the Press Release
Burlington, Vermont – The United States Attorney’s Office for the District of Vermont announced that Andres Morales-Murrieta, 30, will be arraigned in the District of Vermont on October 6, 2023. A federal grand jury sitting in Burlington, Vermont returned a two-count indictment this afternoon alleging that Morales-Murrieta brought a migrant without legal status to the United States on September 21, 2023, and that he physically assaulted and resisted a federal agent when confronted. Morales-Murrieta made an initial appearance before United States Magistrate Judge Kevin J. Doyle on a criminal complaint alleging similar charges on September 25, 2023, and he was ordered detained pending further proceedings.
According to court records, United States Border Patrol agents disrupted a human-smuggling event in which Morales-Murrieta led a group of migrants from rural Canada into the United States near Ballard Road in the town of Highgate, Vermont on September 21, 2023. A Border Patrol Agent located the group and watched many of them enter a vehicle at approximately 2:15 a.m. The vehicle departed the area while one man from the group—later identified as Morales-Murrieta, a resident of Montreal, Quebec—stayed behind and began walking north. The agent attempted to reach Morales-Murrieta, but he noticed the agent and ran. Two agents were able to locate Morales-Murrieta shortly thereafter. When they attempted to detain him, Morales-Murrieta physically resisted, tried to escape, and struck one of the agents with his fists and elbows. He was ultimately restrained and arrested by the agents.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Morales-Murietta remains presumed innocent unless and until he is convicted of a crime. As presently charged, Morales-Murietta faces a maximum sentence of 5 years of imprisonment for the human-smuggling offense and a maximum sentence of 8 years of imprisonment for the assault. The actual sentence following any conviction would be determined with reference to Federal Sentencing Guidelines.
U.S. Attorney Nikolas P. Kerest commended the rapid response and efforts of the United States Border Patrol.
The case will be prosecuted by Assistant U.S. Attorneys Matthew Lasher and Colin Owyang. Morales-Murrieta is represented by Assistant Federal Public Defender Sara Puls, Esq.
Temich-Ramirez Charged with Illegally Possessing a ShotgunRead the Press Release
Burlington, Vermont - The United States Attorney’s Office stated that Ciro Temich-Ramirez, 35, has been charged by criminal complaint with illegal possession of a firearm by an individual who is unlawfully in the United States. Temich-Ramirez initially appeared before Magistrate Judge Kevin J. Doyle on October 3, 2023 and Temich-Ramirez was ordered detained pending trial.
According to court documents, on September 30, 2023, a federal agent encountered Temich-Ramirez less than one mile south of the United States and Canada border in North Troy, Vermont. Temich-Ramirez was standing next to a vehicle. Following a brief conversation, a physical altercation ensued between the agent and Temich-Ramirez. Additional federal agents responded and, after they restrained Temich-Ramirez, found a shotgun in Temich-Ramirez’s car. Temich-Ramirez, who is a Mexican national, is prohibited from possessing firearms because he is an individual unlawfully in the United States.
The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Temich-Ramirez is presumed innocent until and unless he is convicted of a crime. As presently charged, Temich-Ramirez faces a maximum sentence of 15 years’ imprisonment if convicted as charged. The actual sentence, however, would be determined by the federal district court with guidance from the advisory United States Sentencing Guidelines and statutory sentencing factors.
United States Attorney Nikolas P. Kerest commended the investigatory efforts and rapid response of the United States Border Patrol.
The United States is represented by Assistant U.S. Attorney Zachary Stendig. Temich-Ramirez is represented by Assistant Federal Public Defender Sara Puls, Esq.
Seven Defendants Sentenced for Drug and Firearm Offenses Related to 2019 Burlington MurderRead the Press Release
Burlington, Vermont – The United States Attorney’s Office announced that seven defendants have been sentenced in connection with drug and firearm charges related to the murder of Benzel Hampton on April 16, 2019, concluding today with the sentencing of James Felix. All seven defendants previously pleaded guilty to charges including conspiracy to distribute cocaine base, cocaine, and heroin, and conspiracy to use a firearm during and in relation to a drug conspiracy.
According to court records, in late 2018, Lesine Woodson came to Vermont from Orlando, Florida, to sell cocaine base in partnership with Benzel Hampton, who was also from Orlando. Shortly after arriving in Vermont, Woodson refused to use the profits of the partnership’s drug sales to pay Hampton’s bail after Hampton was arrested and then attempted to take over the business of selling to Hampton’s Burlington-area drug customers. Woodson’s actions started a feud between she and Hampton, eventually leading to the murder of Hampton.
Woodson brought several individuals to Vermont from Orlando, Florida, including her 18-year-old cousin, Brandon Sanders, her boyfriend, James Felix, and her childhood friend, Johnny Ford. During early 2019, the group sold cocaine base in and around Burlington and lived in an apartment located on Lafountain Street in Burlington that served as the base of operations for the drug and firearm conspiracies for which they have been convicted. Jennifer MacDonald and Devlin Koski worked for Woodson selling cocaine base on her behalf.
The feud between Woodson and Hampton reached its apex on April 16, 2019, after Hampton sent a text message referring to Ford and stating, “this is my city” and “checkmate.” After receiving the message, Felix and his co-conspirators borrowed a drug customer’s car, and Felix and Ford retrieved firearms. The group located Hampton at 235 North Willard Street, the residence of a drug customer of both Woodson and Hampton. Ford, Felix and Sanders waited for Hampton near the door to 235 North Willard Street. When Hampton walked out of the building, Felix tackled Hampton. Hampton, too, was armed and shooting began. Both Ford and Felix shot Hampton. Felix was also shot several times. Ford, Felix, Woodson and Sanders fled while Hampton died of his wounds. Three .380 caliber bullets shot by Ford were found in Hampton’s body, causing fatal wounds to his chest and his head, and one .22 caliber bullet shot by Felix – causing a non-fatal wound – was found in Hampton’s head.
Woodson and Felix were arrested after Felix was taken to UVM Medical Center. Angelina Pearson and another individual discarded the firearms in a wooded area in South Burlington, Vermont, where they were later located by police. Pearson and Sanders were arrested the following day during a motor vehicle stop on Interstate 95 in Enfield, Connecticut. Ford was arrested at a motel in Enfield, Connecticut, where law enforcement found more than 100 combined grams of heroin, cocaine and cocaine base, along with more than $17,000 of U.S. currency.
United States District Judge Christina Reiss imposed the following sentences, each followed by a three-year term of federal supervised release, which were advised by the Federal Sentencing Guidelines:
Johnny Ford – 180 months (15 years)
James Felix – 138 months
Lesine Woodson – 89 months
Brandon Sanders – 49 months
Angelina Pearson – Time Served
Jennifer MacDonald – Time Served
Devlin Koski – Time ServedU.S. Attorney Nikolas P. Kerest stated: “This violent, drug-involved crime occurred in the middle of the day in Burlington as children and their parents walked home from school. It is exactly the kind of horrific and disruptive crime that we work every day to eradicate. This particular case was complex and required significant collaboration between the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Burlington Police Department, and the Enfield (CT) Police Department. I am thankful for and applaud that collaboration and the determined efforts of all of our law enforcement partners who worked to solve this crime and who go to work every day seeking to make Vermont a safer place to live. You can be sure that as long as violent crime persists in the District of Vermont, the U.S. Attorney’s Office will continue to expend significant resources in this area.”
ATF Boston Field Division Special Agent in Charge James Ferguson stated: “These case results represent the epitome of law enforcement agencies working together to target and dismantle violent drug traffickers that threaten the safety and stability of our neighborhoods. The citizens of Burlington and all of Vermont have the right to a life free from gun crime. We hope our neighbors sleep a little sounder knowing ATF will never falter in our commitment to work with our local, state and federal partners to attack these dealers and remove violent criminals from our neighborhoods.”
DEA New England Field Division SAC Brian D. Boyle stated: “DEA is committed to dismantling violent drug trafficking organizations. As we all know, drug trafficking in our communities, along with the gun and physical violence that often accompanies it, is a serious threat to our families and communities. This is unacceptable and will not be allowed to happen. DEA and its local, state and federal partners are dedicated to bringing to justice those that commit these crimes.”
Burlington Police Department Chief John Murad stated: “This was a horrible crime. Murder is rare but when it does arrive we seek justice. I want to acknowledge the amazing work done by all our officers on scene. I am always humbled by the men and women of the BPD for the work they do for the city and the communities they serve. I want to thank and acknowledge our detectives who put a tremendous amount of time and resources into this investigation. We are grateful for our federal partners and especially thankful for the United States Attorney’s Office for stepping up and taking on such a complex case. And we are continuously thankful to our fellow law enforcement partners for working together throughout this case – this collaboration was vital.”
The case was prosecuted by Assistant U.S. Attorneys Nate Burris and Paul Van de Graaf. Johnny Ford was represented by Natasha Sen, Esq. and Heather Ross, Esq. James Felix was represented by David Sleigh, Esq. Lesine Woodson was represented by Peter Langrock, Esq. and William Vasiliou, Esq. Brandon Sanders was represented by Mark Oettinger, Esq. Angelina Pearson was represented by John-Claude Charbonneau, Esq. Jennifer MacDonald was represented by Robert Behrens, Esq. Devlin Koski was represented by Paul Volk, Esq.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Rhode Island Man Charged with Possessing Twelve Kilograms of CocaineRead the Press Release
Burlington, Vermont - The United States Attorney’s Office stated that Freddy Rodriguez, 38, of West Warwick, Rhode Island, has been charged by criminal complaint with possession with intent to distribute cocaine. Rodriguez initially appeared before Magistrate Judge Doyle on September 20, 2023, and a detention hearing was delayed until September 25, 2023. Rodriguez was released on conditions of pretrial supervision at the conclusion of the hearing on September 25, 2023.
According to court documents, federal agents encountered Rodriguez behind a rented camp in Highgate, Vermont the night of September 18 into September 19, 2023. Agents observed Rodriguez walking to the shore of Lake Champlain at approximately 12:05 am carrying a bag. After agents received notice that a vessel had entered the United States on the lake traveling south near the camp’s location, they observed Rodriguez transfer objects from his bag into a kayak, and began to drag the kayak into the water. When agents confronted him, Rodriguez unsuccessfully tried to flee. The objects Rodriguez had loaded into the kayak were brick-like objects wrapped in black cellophane-style packaging containing a white powder that tested presumptively positive for the presence of cocaine. The packages and their contents weighed approximately 12.2 kilograms (approximately 26.4 pounds).
The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Rodriguez is presumed innocent until and unless he is convicted of a crime. As presently charged, Rodriguez faces a mandatory minimum sentence of 5 years’ imprisonment and up to 40 years’ imprisonment for the possession of more than 500 grams of cocaine with intent to distribute it. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and statutory sentencing factors.
United States Attorney Nikolas P. Kerest commended the investigatory efforts and rapid response of Homeland Security Investigations and the United States Border Patrol.
The prosecutor is Assistant United States Attorney Matthew Lasher. Rodriguez is represented by William Keefe, Esq. of Boston, Massachusetts.
Roosevelt Norris Charged with Drug TraffickingRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Roosevelt Norris, 54, of Rutland, Vermont, appeared on Friday, September 22, 2023, before United States Magistrate Judge Kevin J. Doyle after the federal grand jury in Burlington charged him with three counts of distributing cocaine base, a Schedule II controlled substance. According to court records, Norris, who is also known as “Maz,” sold cocaine base to a confidential informant on three occasions in July and August 2023. Norris pleaded not guilty to the charges. Magistrate Judge Doyle ordered Norris to remain in the custody of the United States Marshals pending trial.
The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Norris is presumed innocent until and unless he is convicted of a crime. Norris faces up to 20 years in prison, a maximum fine of $1,000,000, and up to a lifetime of supervised release, with a mandatory minimum of three years of supervised release. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Vermont State Police and the Rutland Police Department.
The prosecutors are Assistant United States Attorneys Corinne M. Smith and Jonathan A. Ophardt. Norris is represented by Michael J. Straub, Esq.
Colchester Couple Arraigned on Drug Trafficking and Gun ChargesRead the Press Release
Burlington, Vermont – The U.S. Attorney’s Office for the District of Vermont announced that Melinda Morgan, 41, and Dale Taylor, 39, of Colchester, Vermont were arraigned today on drug trafficking and gun charges arising from a June 30, 2023 traffic stop near Brattleboro, Vermont.
According to the indictment in the case, at the time of the stop, Morgan and Taylor possessed cocaine base and fentanyl with the intent to distribute it, and Morgan possessed two firearms in furtherance of the drug trafficking offense. Following a hearing today before the Honorable Kevin J. Doyle, United States Magistrate Judge, both defendants were detained pending further proceedings.
The indictment is an accusation only and Morgan and Taylor are presumed innocent until and unless proven guilty. If convicted on the possession with intent to distribute charges, Morgan and Taylor face a maximum sentence of twenty years of imprisonment. If convicted on the possession of firearms in furtherance of a drug trafficking crime, Morgan faces a minimum of five years of imprisonment in addition to any sentence of imprisonment imposed for drug trafficking. Both defendants face a maximum $1,000,000 fine and three years of supervised release, which would follow any sentence of imprisonment. The actual sentence will be advised by the Federal Sentencing Guidelines.
The United States is represented in this matter by Assistant U.S. Attorney Eugenia Cowles. Natasha Sen, Esq. represents Melinda Morgan. Jean-Claude Charbonneau, Esq. represents Dale Taylor.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Chicopee, Massachusetts Man Sentenced to 1 Year and 1 Day in Prison for Unlawful Firearm PossessionRead the Press Release
Rutland, Vermont – The United States Attorney’s Office for the District of Vermont stated that on September 20, 2023, Christopher Morgan, 20, of Chicopee, Massachusetts, was sentenced by Chief Judge Geoffrey W. Crawford of the U.S. District Court to a sentence of 1 year and 1 day in prison followed by a 3-year term of supervised release. Morgan previously pleaded guilty to unlawful possession of a firearm as an unlawful user of a controlled substance.
According to court records, on October 13, 2022, police in Bennington, Vermont, encountered Christopher Morgan while he was carrying a Smith & Wesson 37 revolver in a bag strapped to his torso. The firearm was loaded with five rounds of ammunition and a round in the chamber. In the same bag, Morgan also possessed a small number of glassine bags containing heroin and fentanyl. Morgan admitted to being a user of and addicted to heroin at the time he possessed the firearm.
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of Homeland Security Investigations, the Bennington Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
This case was prosecuted by Assistant U.S. Attorneys Corinne Smith and Jonathan Ophardt. Mr. Thomas was represented by Allan Sullivan, Esq.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Burlington Man Sentenced for Drug Trafficking OffensesRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that on September 18, 2023, Kenneth Jackson, 69, of Burlington, Vermont, was sentenced in United States District Court in Burlington, Vermont to serve 48 months in prison after his guilty plea to one count of distribution of fentanyl and one count of possession with intent to distribute cocaine and fentanyl. U.S. District Judge William K. Sessions III also ordered Jackson to serve a five-year term of supervised release and to pay a $200 special assessment.
According to court records and proceedings, in October and November 2022, Kenneth Jackson sold drugs from his car at City Hall Park in Burlington, Vermont. A confidential informant (CI) purchased cocaine, cocaine base, and fentanyl from Jackson on several occasions. Law enforcement arrested Jackson on November 10, 2022. During a search of Jackson incident to his arrest, law enforcement found approximately $1,950. During a search of Jackson’s car, law enforcement found approximately $5,500, fentanyl packaged for sale, cocaine base, and cocaine. Law enforcement also searched Jackson’s residence, during which was found additional amounts of fentanyl and cocaine base, a loaded Rossi .357 caliber revolver under the mattress in Jackson’s bedroom, and materials used to package drugs for sale.
At the sentencing hearing, Judge Sessions noted that he had previously sentenced Jackson for separate drug trafficking offenses that occurred in 1998 and 2007. Judge Sessions further observed that he found as an aggravating circumstance that Jackson “set up shop in public places, including the main city park in Burlington, Vermont,” for the distribution of drugs.
U.S. Attorney Nikolas P. Kerest commended the efforts of the Burlington Police Department, the Drug Enforcement Administration, Homeland Security Investigations, and the Northern Vermont Drug Task Force, in the investigation and prosecution of Jackson.
Assistant U.S. Attorney Barbara A. Masterson handled the prosecution of Jackson. Assistant Federal Public Defender Sara M. Puls represented Jackson.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Fletcher Man Sentenced to 60 Months in Methamphetamine CaseRead the Press Release
Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on September 15, 2023, Timothy Gillilan, 43, of Fletcher, Vermont, was sentenced by Chief Judge Geoffrey W. Crawford to a term of 60 months’ imprisonment to be followed by a 3-year term of supervised release. Gillilan previously pleaded guilty to one count of distribution of methamphetamine in April 2023.
According to court records, Gillilan was arrested on April 6, 2022, pursuant to a federal warrant. Gillilan faced a three-count indictment charging him with various methamphetamine offenses. The investigation showed that the defendant possessed more than 100 grams of methamphetamine, as well as quantities of cocaine and marijuana, at his home in Fletcher, Vermont. Gillilan admitted to having distributed methamphetamine from the home in late 2021.
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Northwest Vermont Drug Task Force and Homeland Security Investigations.
The case was prosecuted by Assistant U.S. Attorney Matthew Lasher. Mr. Gillilan was represented by William A. Vasiliou, II, Esq. and Federal Public Defender Michael Desautels.
Massachusetts Man Sentenced to 27 Months’ Imprisonment for Unlawful Ammunition PossessionRead the Press Release
Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on September 11, 2023, Gabriel Lebron, 32, of Florence, Massachusetts, was sentenced by U.S. District Judge William K. Sessions III to a sentence of 27 months’ imprisonment followed by a 3-year term of supervised release. Lebron previously pleaded guilty to unlawful possession of ammunition as a convicted felon.
According to court records, on October 12, 2022, Lebron was arrested while attempting to flee a residence in Bennington, Vermont, during the execution of a search warrant. Law enforcement recovered from Lebron’s person a privately manufactured firearm, or “ghost gun.” The firearm had a round in the chamber and a fully loaded 15-round magazine. Lebron was also found to be in possession of fentanyl packaged for sale. In 2021, Lebron received multiple felony convictions in Massachusetts for firearms and other weapons offenses, which prohibited him under federal law from possessing the ammunition loaded in the ghost gun seized on October 12, 2022.
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of Homeland Security Investigations and the Bennington Police Department.
This case was prosecuted by Assistant U.S. Attorneys Jonathan Ophardt and Corinne Smith. Mr. Lebron was represented by Assistant Federal Public Defender Steven Barth.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
U.S. Attorney’s Office for the District of Vermont Celebrates Funding Awarded to Combat Domestic and Sexual ViolenceRead the Press Release
Burlington, Vermont – The need for specialized legal services is both urgent and essential for survivors of domestic violence and sexual assault. These services provide interventions, such as securing restraining or protective orders, that are crucial for survivor safety. The U.S. Attorney’s Office for the District of Vermont is proud to announce that the Department of Justice’s Office on Violence Against Women (OVW) awarded $1,350,000 to Vermont organizations that provide legal services and improve the effective coordination of justice systems impacting survivors of sexual assault, domestic violence, dating violence, and stalking.
OVW awarded $750,000 under the Legal Assistance for Victims (LAV) Program to Vermont Network Against Domestic Violence and Sexual Assault, Inc. The LAV Program addresses the legal needs of survivors of sexual assault, domestic violence, dating violence, and stalking.
OVW awarded $600,000 under the Justice for Families (JFF) Program to Champlain Valley Office of Economic Opportunity, Inc. The JFF Program aims to improve the capacity of communities and courts to respond to families impacted by violence.
U.S. Attorney Nikolas P. Kerest commented: “Domestic violence is destructive to families and communities and cannot be tolerated. The OVW grants announced today serve to bolster important non-prosecutorial tools to combat domestic violence in Vermont. In addition, this office, working with our partners in law enforcement, will continue to use federal statutes to hold domestic abusers accountable.”
“The Legal Assistance for Victims Grant, in conjunction with the Justice for Families Program and the Domestic Violence Mentor Court Technical Assistance Initiative, serve as a powerful multi-pronged strategy to transform the justice system’s approach to supporting families affected by violence,” stated OVW Director Rosemarie Hidalgo. “These grants enhance court-related programs, trauma-informed training, and resources, while also providing victims with specialized legal support. This includes assistance with securing protective orders and navigating complex family law matters. Collectively, these grants advance a more comprehensive approach, aimed at ensuring that survivors and their families don't merely navigate our legal system, but genuinely find a path to justice and safety.”
OVW provides leadership in developing the nation’s capacity to reduce violence through implementing VAWA and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities nationwide that are developing programs, policies, and practices to end domestic violence, dating violence, sexual assault, and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
Joshua Pincoske Sentenced to 25 Years of Imprisonment for Production and Possession of Child Sexual Abuse MaterialsRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Joshua Pincoske, 48, of Concord, New Hampshire, was sentenced today in United States District Court in Concord, New Hampshire to 25 years of imprisonment for the production of child sexual abuse materials (also referred to as child pornography) and possession of child sexual abuse materials. U.S. District Judge Joseph N. Laplante also ordered that Pincoske serve a 10-year term of supervised release after his release from the Bureau of Prisons. Pincoske will be required to register as a sex offender for life.
According to court records, on February 2, 2022, law enforcement executed search warrants authorizing the searches of Pincoske’s residence, his vehicle, and his person after reports that Pincoske had paid two female minors to engage in sexual contact with him. During the execution of the search warrants, law enforcement seized a number of electronic devices, including Pincoske’s cellular phones. Examinations of the contents of Pincoske’s cellular phones revealed numerous visual depictions of minor females engaged in sexually explicit conduct. The investigation identified seven minor victims who were sexually exploited by Pincoske between 2017 and 2021, including children in New Hampshire, Massachusetts, and Vermont.
In imposing the sentence, Judge Laplante identified as aggravating factors warranting a lengthy sentence the derogatory statements Pincoske made to victims during the sexual abuse, which were captured by video recordings Pincoske created. Judge Laplante also noted the abuse of trust and authority by Pincoske, who at the time of his criminal conduct was active in coaching and mentoring youth basketball players in the Concord area. Pincoske initially encountered some victims during his involvements with youth basketball.
The resolution of Pincoske’s federal charges occurs in conjunction with coordinated resolutions concerning matters pending before New Hampshire state courts in Merrimack and Strafford Counties. Those resolutions are the subject of separate agreements with the prosecutors in those jurisdictions.
United States Attorney Nikolas P. Kerest stated, “The pattern of predatory victimization of vulnerable children by defendant Pincoske occurred over a lengthy period of time, warranting the significant sentence imposed by the Court. I greatly appreciate the thorough investigatory efforts of the Concord Police Department and the Farmington Police Department.” United States Attorney Kerest also thanked the County Attorney for Merrimack County, the New Hampshire Internet Crimes Against Children Task Force, the Merrimack County Child Advocacy Center, the Yarmouth, Massachusetts, Police Department, the Bangor, Maine, Police Department, the El Dorado, Kansas, Police Department, and the United States Secret Service for their vital assistance.
“The Concord Police Department believes today’s sentence of Joshua Pincoske does not erase the harm he inflicted upon his victims,” stated Deputy Chief John Thomas, “but it does ensure that others will be protected from his abuse. The sexual exploitation of children by predators like Joshua Pincoske requires decisive action, which is why the Concord Police Department acted so quickly in this case. Thanks to the tireless efforts of a collaborative group of law enforcement professionals and the bravery of those who came forward, he faces a long sentence in federal prison.”
The United States Attorney for the District of Vermont has been appointed to handle this prosecution under the authority described in 28 U.S.C. § 515. The prosecutors assigned to the matter were Jonathan A. Ophardt and Corinne M. Smith, Assistant United States Attorneys for the District of Vermont. Pincoske was represented by Assistant Federal Public Defender Behzad Mirhashem.
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.
Trenton, New Jersey Man Pleads Not Guilty to Human Smuggling ChargesRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that Victor Francisco Lopez-Padilla, 35, of Trenton, New Jersey, will be arraigned in the District of Vermont before United States Magistrate Judge Kevin J. Doyle on August 29, 2023. He is charged in a two-count indictment that alleges he and codefendant Simon Jacinto-Ramos conspired to commit human-smuggling offenses and brought a migrant without legal status to the United States for the purpose of private financial gain. Lopez-Padilla was arrested in Trenton on August 1, 2023, and was seen for an initial appearance in the United States District Court for the District of New Jersey before being transferred to the District of Vermont for further proceedings. Jacinto-Ramos has not yet been arrested in conjunction with the indictment. An arraignment will be scheduled after his arrest.
According to court records, Lopez-Padilla and Jacinto-Ramos, a resident of Montreal, worked together to bring migrants to, and smuggle them into, the United States for their personal profit, while knowing that the migrants lacked legal status to enter and remain in the United States. The defendants arranged transportation for the smuggled migrants from the Montreal area to a remote area of the border between the United States and Canada near Richford, Vermont. They provided a route for the migrants to follow on foot, and they tracked the migrants’ progress via cell phone mapping programs. The defendants then arranged transportation for the migrants in the United States in furtherance of their illegal entry. The United States Border Patrol intercepted at least four such smuggling events between April 2022 and June 2023 that appeared to agents to have been organized by the defendants based on phone data and witness interviews, and those events involved at least 23 smuggled migrants in total.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Lopez-Padilla remains presumed innocent unless and until he is convicted of a crime. Lopez-Padilla faces a maximum sentence of 10 years of imprisonment and a minimum sentence of 3 years if convicted as charged. The actual sentence would be determined with reference to Federal Sentencing Guidelines.
U.S. Attorney Nikolas P. Kerest commended the investigative efforts of the United States Border Patrol and thanked Homeland Security Investigations and the New Jersey State Police for their support of Border Patrol in the apprehension of Lopez-Padilla.
Assistant U.S. Attorney Matthew Lasher is handling the prosecution of Lopez-Padilla and Jacinto-Ramos. Lopez-Padilla is represented by Devin McLaughlin, Esq.
Melvin Hill Convicted by Jury on Federal Drug and Firearms ChargesRead the Press Release
Burlington, Vermont – The United States Attorney for the District of Vermont announced that Melvin Hill, 44, of Tignall, Georgia, was convicted yesterday in U.S. District Court in Rutland on five drug and gun charges after a week-long jury trial. Chief U.S. District Judge Geoffrey Crawford ordered that Hill remain in jail pending sentencing, which has not been scheduled. Hill has been held without bail since his arrest in March 2022.
According to court records, in January 2022, a confidential source told Burlington narcotics investigators that the source could buy narcotics from Hill. In February and March, this source made two controlled purchases of fentanyl from Hill in transactions that were recorded and surveilled by police officers. Officers learned that Hill was staying at a hotel in South Burlington. They obtained a state-court warrant to search Hill’s hotel room and the car he had been driving. Officers arrested Hill on March 10 and recovered a loaded pistol and crack cocaine from his person. In his car and hotel room, officers seized hundreds of folds of fentanyl, hundreds of pills containing methamphetamine, and powder cocaine. They also found narcotics paraphernalia and around $13,000 in cash.
The following day, March 11, state and federal agents searched a storage unit that Hill had rented in Burlington. Inside, authorities found additional fentanyl, a second pistol, and about a pound of pure methamphetamine.
In March 2022, the U.S. Attorney’s Office adopted Hill’s case for federal prosecution. The U.S. Attorney’s Office for the District of Vermont had successfully prosecuted Hill in an unrelated drug case in 2012.
In July 2022, a federal grand jury in Burlington charged Hill, in a superseding indictment, with two counts of distributing fentanyl to the confidential source; possessing with intent to distribute fentanyl, cocaine, cocaine base, and large quantities of methamphetamine; and two counts of possessing firearms as a convicted felon. Hill is barred from possessing any firearms because he has several felony convictions in federal court and in state court in Georgia.
“The Burlington Police Department is committed to public safety, and that includes protecting those who suffer from substance use disorder,” said Burlington Police Chief Jon Murad. “We do not tolerate trafficking poisonous substances into our community, particularly by traffickers who target vulnerable people. This case shows our resolve to hold these individuals accountable. The BPD’s team, including Drug Unit Sergeant Phil Tremblay, want to acknowledge the fantastic work at trial by Assistant United States Attorneys Stendig and Waples, and their legal team. We would also like to thank the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives for their efforts in this investigation.”
“DEA is committed to investigating individuals like Mr. Hill who are responsible for distributing drugs like fentanyl, methamphetamine and cocaine to the citizens of Vermont,” said DEA Special Agent in Charge Brian D. Boyle. “Let this conviction be a warning to those traffickers who are distributing this poison in order to profit and destroy people’s lives. DEA’s top priority is combatting the opioid epidemic by working with our local, county, state and federal partners to bring to justice anyone who distributes deadly drugs.”
Hill faces up to life imprisonment, a mandatory minimum sentence of ten years, and a fine of up to $10,000,000. The actual sentence will be determined with reference to Federal Sentencing Guidelines.
This case was investigated by the Burlington Police Department and the Drug Enforcement Administration with the Bureau of Alcohol, Tobacco, Firearms and Explosives assisting with firearms evidence.
U.S. Attorney Nikolas Kerest stated, “The United States Attorney’s Office is committed to prosecuting those who combine illegal firearm possession with illegal drug trafficking. The prosecution of Mr. Hill is an example of our commitment and that of our partner investigative agencies. We commend the collaborative efforts of law enforcement to investigate Hill’s conduct and to bring him to justice.”
At trial, Hill served as his own attorney. The prosecutors are Assistant U.S. Attorneys Gregory Waples and Zachary Stendig.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Hartford Man Pleads Not Guilty to Felon in Possession ChargeRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that on August 17, 2023, James Ingerson, 53, of Hartford, Vermont, pleaded not guilty to a single-count indictment that charges him with being a previously convicted felon in possession of a firearm. At the hearing, United States Magistrate Judge Kevin J. Doyle ordered Ingerson to remain in custody during the pretrial proceedings.
According to court records and proceedings, on June 7, 2023, law enforcement executed a search warrant at Ingerson’s home in connection with a drug trafficking investigation. During execution of that search warrant, law enforcement discovered a shotgun. During a statement given to law enforcement after waiving his Miranda rights, Ingerson admitted to possessing the weapon. At the time, Ingerson had previously been convicted of approximately eight (8) felonies, including a 2003 conviction for burglary for which he received a 20-year sentence.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Ingerson remains presumed innocent unless and until he is convicted of a crime. Ingerson faces a maximum sentence of 15 years of imprisonment if convicted. The actual sentence would be determined with reference to Federal Sentencing Guidelines.
U.S. Attorney Nikolas P. Kerest commended the investigative efforts of the Hartford, Norwich, and Lebanon, New Hampshire Police Departments, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Barbara A. Masterson is handling the prosecution of Ingerson. Ingerson is represented by Matthew Anderson, Esq.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Montpelier Man Charged with Producing, Distributing, and Possessing Child Sexual Abuse MaterialsRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Jeffery Paul Coolidge, 58, of Montpelier, Vermont, appeared on Friday, August 11, 2023, before United States Magistrate Judge Kevin J. Doyle after a criminal complaint issued charging him with production, distribution, and possession of Child Sexual Abuse Materials (CSAM). Coolidge was ordered temporarily detained pending a detention hearing scheduled for Wednesday, August 16, 2023.
According to court records, Coolidge used the handle “phantasy” to operate on darkweb forums dedicated to those with sexual interest in male children aged four to fourteen years old. On August 8, 2023, Coolidge shared via those forums sexually explicit photographs he had taken of a male child with whom he had contact. Homeland Security Investigations, with the assistance of the Montpelier Police Department, arrested Coolidge the next day.
The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Coolidge is presumed innocent until and unless he is convicted of a crime. Coolidge faces a mandatory minimum sentence of 15 years’ imprisonment, and up to 30 years of imprisonment, for the production of child sexual abuse images; a mandatory minimum of 5 years and up to 20 years’ imprisonment for the distribution of child sexual abuse images; and up to 10 years’ imprisonment for the possession of child sexual abuse images. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of Homeland Security Investigations, the Montpelier Police Department, Vermont’s Internet Crimes Against Children Task Force, and the Vermont Attorney General’s Office.
The prosecutor is Assistant United States Attorney Corinne M. Smith. Coolidge is represented by the Office of the Federal Public Defender.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and Child Exploitation Obscenity Section, Criminal Division (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Zaquikon T. Roy Arrested in Lewiston, Maine, on Vermont Firearm ChargeRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Zaquikon T. Roy, 35, of Brooklyn, New York, was arrested yesterday in Lewiston, Maine, on a criminal complaint issued in the District of Vermont, for being a felon in possession of a firearm. Zaquikon made his initial appearance today on the Vermont complaint in U.S. District Court in Portland, Maine. U.S. Magistrate Judge Karen Frink Wolf detained Roy and ordered him to be transferred to the District of Vermont for further proceedings.
According to court documents, in April 2021, the Vermont State Police recovered a firearm during the execution of a search warrant of a vehicle in Fair Haven, Vermont. This gun was traced back to Roy and it was determined that Roy possessed the firearm in connection with the distribution of cocaine. At the time Roy possessed the firearm, Roy had prior felony convictions.
If convicted of this offense, Roy faces a maximum sentence of 15 years imprisonment on the count alleged in the criminal complaint and a $250,000 fine. The actual sentence however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The United States Attorney emphasizes that the charges in the complaint are merely accusations, and that the defendants are presumed innocent unless and until they are proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Vermont State Police.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Michigan Man Sentenced to 27 Months’ Imprisonment for Crack Cocaine Distribution and Unlawful Firearm PossessionRead the Press Release
Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on August 7, 2023, Van Vincent Thomas, 41, of Detroit, Michigan, was sentenced by U.S. District Judge William K. Sessions III to a sentence of 27 months’ imprisonment followed by a 3-year term of supervised release. Thomas previously pleaded guilty to conspiracy to distribute cocaine base and possession of a firearm as a convicted felon.
According to court records, in January and February 2022, Van Vincent Thomas conspired with co-defendant Jonathan Arnold to distribute cocaine base in the Chittenden County, Vermont, area. In March 2022, Homeland Security Investigations (“HSI”) obtained and executed a search warrant at a motel in Shelburne, Vermont, where Thomas had been staying. During execution of the search warrant, HSI agents recovered a Ruger Redhawk .44 caliber revolver with an obliterated serial number belonging to Thomas, along with over 70 grams of cocaine base, over $40,000 in cash, and 43 rounds of ammunition. Prior to possessing the Ruger Redhawk, Thomas was convicted in 2017 in the Chittenden District Court of Vermont for felony distribution of cocaine base.
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of Homeland Security Investigations, the Milton Police Department, Burlington Police Department, Vermont State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
This case was prosecuted by Assistant U.S. Attorneys Corinne Smith, Joseph Perella, and Kimberly Ang. Mr. Thomas was represented by Avi Springer, Esq., and Assistant Federal Public Defender Sara Puls.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Chelsea Sunn Pleads Guilty to Defrauding Former EmployerRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that Chelsea Sunn, 31, of White River Junction, pleaded guilty today in United States District Court in Burlington to a charge of wire fraud. U.S. District Judge William Sessions III released Sunn on conditions pending sentencing, which has been scheduled for December 4.
On July 7, 2023, the United States Attorney filed a one-count information charging Sunn with wire fraud. Sunn pleaded guilty to that information today in court. According to the information, between 2016 and April 2020, Sunn, who was then known as Chelsea Roy, was employed by Blakeman’s Towing and Recovery, a business in White River Junction. Sunn was hired as a full-time office worker but later converted to part-time employment. Sunn was compensated on an hourly basis that included time-and-one-half pay for claimed overtime work. Among other duties, Sunn handled Blakeman’s billing and payroll.
According to the information, beginning no later than December 2018 and continuing at least until March 2020, Sunn defrauded Blakeman’s Towing and Recovery by falsely inflating the hours she reportedly worked. This caused Blakeman’s to pay Sunn tens of thousands of dollars beyond her authorized compensation.
In the course of defrauding Blakeman’s Towing and Recovery, Sunn used the interstate wire communication system to report her fraudulently-inflated work hours, and caused Blakeman’s to make electronic direct deposits of fraudulently-obtained funds into Sunn’s bank account in Vermont.Sunn faces a maximum penalty of 20 years in prison and a fine of up to $250,000. The actual sentence would be determined with reference to Federal Sentencing Guidelines.
This case was investigated by the United States Secret Service.Sunn is represented by David Kirby, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Wallingford Man Charged with Illegally Possessing a FirearmRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that today a federal grand jury sitting in Burlington, Vermont returned a one count indictment charging John Grandizio, 39, of Wallingford, Vermont, with knowingly possessing a firearm after having been previously convicted of a felony offense.
On August 1, 2023, Grandizio was arrested on another federal firearms charge and he made his initial appearance before United States Magistrate Judge Kevin J. Doyle yesterday. Grandizio was ordered detained pending further proceedings in this matter. Grandizio’s next scheduled court date is August 15, 2023.
According to court records, in April 2023, United States Customs and Border Protection intercepted two parcels coming from China destined for Grandizio’s Wallingford post office box, each containing devices that were or could be easily converted to be a firearms silencer. When Grandizio was arrested on August 1 on charges resulting from the discovery of these parcels, Grandizio possessed a loaded brown Glock 19 handgun, which led to the charge contained in today’s indictment. Court records state that during a search of Grandizio’s and his girlfriend’s Wallingford residence on August 1, agents seized approximately 23 firearms and at least hundreds of rounds of ammunition.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Grandizio remains presumed innocent until and unless he is convicted of a crime. Grandizio faces a maximum sentence of 15 years of imprisonment if convicted. The actual sentence would be determined with reference to Federal Sentencing Guidelines.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and United States Customs and Border Protection.
The prosecutor is Assistant United States Attorney Michael Drescher. Grandizio is represented by Matthew Hart, Esq.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.USAO-VT to Participate in Community Events During National Night OutRead the Press Release
Burlington, Vermont – The U.S. Attorney’s Office for the District of Vermont will join community organizers, neighbors, and law enforcement partners to participate in National Night Out events on August 1, 2023. During this year’s National Night Out, U.S. Attorney Nikolas P. Kerest will attend National Night Out events at Essex High School and Law Enforcement Coordinator Tony Facos will attend events in Swanton on the Village Green and in St. Albans at Taylor Park.
National Night Out is an annual community-building campaign that promotes partnerships and camaraderie between law enforcement and the communities they serve to make our neighborhoods safer places to live. Millions take part in National Night Out across thousands of communities throughout the country on the first Tuesday of August in most areas of the country.
National Night Out was established in 1984 with funding from the Bureau of Justice Assistance of the U.S. Department of Justice. The program is administered by the National Association of Town Watch, a nationwide non-profit organization.
Coordinated by local law enforcement and trained volunteers, National Night Out provides a great opportunity to bring police and neighbors together under positive circumstances. Neighborhoods host block parties, cookouts, festivals, parades, safety demonstrations, seminars, youth events, visits from emergency personnel, and more. National Night Out sends a message that neighbors are united and working together to keep their communities and each other safe.
For more information, visit https://natw.org/.
Massachusetts Man Sentenced for Conspiracy to Distribute Illegal Controlled Substances as well as Possession with Intent to Distribute HeroinRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that on July 31, 2023, Glendon Parrish-Cambell, 23, of Springfield, Massachusetts, was sentenced by U.S. District Judge William K. Sessions III to a sentence of 42 months’ imprisonment and a 3-year term of supervised release for conspiracy to distribute fentanyl, cocaine, and cocaine base and for possession with intent to distribute heroin.
According to court records, during the months of March and April of 2022, law enforcement conducted controlled purchases of fentanyl and cocaine base at a residence in Washington, Vermont. Law enforcement identified Justin Llano, aka “TJ,” and Glendon Parrish-Cambell, aka “B,” as drug traffickers distributing fentanyl and cocaine base from the residence. A Special Agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives obtained a search warrant for the residence, which was executed on May 13, 2022. During the search, law enforcement seized 14 firearms, approximately 28 grams of cocaine base, and approximately 400 bags of fentanyl.
Previously, as courts records show, on May 22, 2021, law enforcement found Parrish-Cambell in an apartment in Barre, Vermont, with approximately 10,300 bags of heroin nearby and $2,428 in United States currency on his person.
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Vermont Drug Task Force, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Federal Bureau of Investigation. The U.S. Customs and Border Protection Office of Air and Marine, Homeland Security Investigations, Vermont State Police, Montpelier Police Department, Barre City Police Department, the Washington County Sheriff’s Office, and the Washington County State’s Attorney’s Office also provided valuable assistance.
This case was prosecuted by Assistant U.S. Attorney Andrew Gilman. Parrish-Cambell was represented by Robert L. Sussman, Esq.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Kahliq Richardson Sentenced for Federal Gun CrimeRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Kahliq Richardson, 20, formerly of Rutland County, was sentenced yesterday in the United States District Court in Burlington to 30 months of imprisonment for possessing a firearm while being an unlawful user of controlled substances. United States District Judge William K. Sessions III also ordered that Richardson serve three years of supervised release following his period of incarceration.
According to court documents, on April 3, 2021, Richardson was at the Quality Inn in Rutland when he shot 19-year-old Jonah Pandiani in the head. Jonah died instantly. The investigation of the homicide revealed that Richardson had a history of drug use and had been using crack cocaine in the hours before the shooting. The homicide and the investigation that followed resulted in the instant federal firearm charge, as well as state charges for voluntary manslaughter. The state charges are still pending.
In imposing the 30-month sentence, Judge Sessions varied upward from the otherwise applicable advisory Federal Sentencing Guidelines in part to recognize the recklessness which led to death of Jonah Pandiani.
This case was investigated by the Vermont State Police, the Rutland Police Department, and the Federal Bureau of Investigation.
Assistant U.S. Attorney Wendy L. Fuller represented the government. Mark A. Kaplan, Esq. represented Richardson.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Rutland Bank Robber Sentenced to 67 Months in PrisonRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced today that James Thurston, aka “Thirsty,” 34, of Rutland, Vermont was sentenced today to serve 67 months of imprisonment after his conviction for bank robbery. Chief United States District Judge Geoffrey W. Crawford also sentenced Thurston to serve three years of supervised release after his incarceration.
According to court records, on October 5, 2022, Rutland City Police Officers responded to an alarm activation at the TD Bank located at 89 Merchants Row in Rutland City, Vermont. Employees reported that a man wearing a surgical mask and hooded sweatshirt had walked through the main door, up to a teller window, and stated “Give me all your cash, I have a gun, give me all your cash.” The teller thereafter provided the man with $500 from the teller drawer, and the man left the bank. Officers obtained surveillance footage from the TD Bank as well as neighboring buildings, which resulted in the identification of Thurston as the bank robber.United States Attorney Nikolas P. Kerest commended the coordinated investigatory efforts of the Rutland City Police Department, Homeland Security Investigations, and the Federal Bureau of Investigation.
The prosecutor was Assistant United States Attorney Jonathan Ophardt. Thurston was represented by Assistant Federal Public Defender Mary Nerino.
Chittenden County Man Sentenced for Threatening State OfficialsRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Josh Puma, 36, formerly of Chittenden County, was sentenced Wednesday, July 26 in the United States District Court in Rutland to 20 months of imprisonment. Chief United States District Judge Geoffrey Crawford also ordered that Puma serve three years of supervised release following his period of incarceration.
According to court documents, between July 2021 and January 2022, Puma called a Vermont Department of Corrections reporting line hundreds of times. Puma was charged by federal indictment for three of those calls in which he (1) threatened to kill a state court judge and a defense attorney, (2) threatened to kill a state court judge and sexually assault a state prosecutor, and (3) threatened to kill a state court judge. Puma pleaded guilty to all three charged threats transmitted in interstate commerce. Puma’s threats made over the reporting line were recorded, and in those recorded calls, which in total numbered close to 300, Puma specifically described his intention upon release from jail to kill and maim those state officials, in addition to harming and killing other members of the legal community.
As described in court documents, Puma has mental health issues and was previously ordered hospitalized by the state court. In imposing the 20-month sentence, Chief Judge Crawford varied downward from the otherwise applicable advisory Federal Sentencing Guidelines in part to recognize Puma’s mental health issues.
This case was investigated by the Vermont State Police.
Assistant U.S. Attorney Wendy L. Fuller represented the government. Assistant Federal Public Defender Sara Puls represented Puma.
Preci Manufacturing to Pay $150,000 to Resolve False Claims Act AllegationsRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Preci Manufacturing Inc. (Preci) has agreed to pay $150,000 to resolve allegations that it violated the False Claims Act by selling parts to the United States military that Preci failed to test, despite clear contract testing requirements meant to ensure the strength and durability of the parts.
Preci, located in Winooski, Vermont, manufactures nuts, bolts, and other fasteners, which it supplies to the federal government. The fasteners provided by Preci are used in military equipment, including aircraft, and thus require precise manufacturing protocols and careful post-production testing. The United States’ investigation uncovered evidence that Preci repeatedly flouted safety requirements, with employees directed to skip mandatory testing. The government alleges that these deceptive acts violated the False Claims Act, a civil fraud statute that prohibits the knowing submission of false claims to the government.
“Preci’s sales to the United States of parts that it chose not to test are reprehensible, with Preci appearing to have prioritized its own profits over the safety of the products it provided to the military,” said United States Attorney Nikolas P. Kerest. “Our office takes seriously allegations related to cutting corners and evading regulations and will continue to pursue companies that betray the trust of the government and the public.”
Specifically, between January 1, 2016 and December 31, 2019, Preci sold fasteners to the federal government, including through contracts that imposed strict testing requirements on Preci but did not require government inspection prior to delivery. As set forth in the settlement agreement, Preci admits that, for some of the parts it sold to the government under these contracts, it failed to perform required testing, including but not limited to stress durability testing, fatigue testing, double shear testing, and tensile testing. Preci admits that it then submitted claims for payment as if it had met all contract specifications, when in fact the company knowingly provided untested parts to the government.
“The integrity of the U.S. Department of Defense (DoD) supply chain is of vital importance to the DoD Office of Inspector General’s Defense Criminal Investigative Service (DCIS),” stated Special Agent in Charge Patrick J. Hegarty, DCIS Northeast Field Office. “The DoD expects its contractors to adhere to contract requirements and provide quality products to the U.S. military. The DCIS will continue to work with its law enforcement partners and the Department of Justice to hold DoD contractors accountable for circumventing testing protocols and putting America's servicemembers at risk.”
To resolve the claims against it, Preci has agreed to pay to the United States a total of $150,000.
“The Department of the Army Criminal Investigation Division (CID) has strong partnerships with other federal and state law enforcement agencies focused on investigative efforts to collectively identify, disrupt, deter, and dismantle unlawful activity,” said Supervisory Special Agent Michael D. Conner, CID, Northeast Fraud Resident Agency. “We are thankful for the collaborative efforts from all agencies involved, and resolutions such as this one show our resolve in bringing to justice those who would seek to defraud the U.S. Government and put the safety of our Soldiers at risk”
Assistant United States Attorney Lauren Almquist Lively handled this matter for the United States Attorney’s Office for the District of Vermont. Investigative support was provided by the DoD DCIS and the Department of the Army CID. Attorneys Zachary M. Dayno and Matthew B. Byrne of Gravel & Shea PC represented Preci.
The settlement agreement between the United States and Preci is available at this link: Preci Signed Settlement Agreement.
Massachusetts Man Charged with Drug and Gun Trafficking in Bennington AreaRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Keniel Santiago (a.k.a. “Kas”), 20, of Springfield, Massachusetts, was arraigned yesterday on drug and firearms trafficking charges. A federal grand jury, sitting in Rutland, charged Santiago with five counts: one count of conspiracy to distribute heroin and cocaine base; one count of possession of a firearm during a drug trafficking crime; and, three counts of aiding in the unlawful acquisition of firearms from licensed firearms dealers by making false statements. The alleged criminal conduct occurred in the Bennington area from September 2020 through March 2021.
During the hearing, Santiago pleaded not guilty to the charges, and U.S. District Court Magistrate Judge Kevin Doyle ordered Santiago remanded to the custody of the U.S. Marshals Service pending further proceedings.
The indictment is an accusation only and Santiago is presumed innocent until and unless proven guilty. If convicted, Santiago faces a maximum sentence of life imprisonment, a mandatory sentence of five years imprisonment, a $1,000,000 fine, and three years of supervised release, which would follow any sentence of imprisonment. The actual sentence will be advised by the Federal Sentencing Guidelines.
This case is being investigated by Homeland Security Investigations, the Bennington Police Department, the Vermont State Police, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The United States is represented by Assistant U.S. Attorney Joseph Perella. Santiago is represented by Ian Carleton, Esq.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .
Electronic Health Records Vendor NextGen Healthcare, Inc. to Pay $31 Million to Settle False Claims Act AllegationsRead the Press Release
Burlington, Vermont – NextGen Healthcare, Inc. (NextGen), an electronic health record (“EHR”) technology vendor, has agreed to pay $31 million to resolve allegations that NextGen violated the False Claims Act by misrepresenting the capabilities of certain versions of its EHR software and providing unlawful remuneration to its users to induce them to recommend NextGen’s software.
“Electronic health records are an essential part of our healthcare system” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “Every day, millions of patients and healthcare providers across the country rely on such records to accurately identify and transmit vital health information. The Civil Division is committed to protecting the integrity of the electronic health records software that is available to providers and the process by which they decide which software to select.”
The American Recovery and Reinvestment Act of 2009 established the Medicare and Medicaid EHR Incentive Program to encourage healthcare providers to adopt and demonstrate their “meaningful use” of EHR technology. Under the program, the U.S. Department of Health and Human Services (HHS) made incentive payments to eligible healthcare providers that adopted certified EHR technology and met certain requirements relating to their use of the technology. To obtain certification for their product, companies that develop and market EHR technology are required to demonstrate that their product(s) satisfies all applicable HHS-adopted certification criteria; the company must also identify any software components on which their EHR relies to perform the criteria. Developers must first pass testing performed by an independent, accredited testing laboratory authorized by HHS, and then obtain and maintain certification by an independent, accredited certification body authorized by HHS.
In a complaint filed in conjunction with the settlement, the United States contends that NextGen falsely obtained certification for its software in connection with the 2014 Edition certification criteria published by HHS’s Office of the National Coordinator. Specifically, the government alleges that NextGen relied on an auxiliary product designed only to perform the certification test scripts, which concealed from the certifying entity that NextGen’s EHR lacked critical functionality. The government alleges that, consequently, the EHR that NextGen ultimately released to its users lacked certain required functionalities, including the ability to record vital sign data, translate data into required medical vocabularies, and create complete clinical summaries.
In its complaint, the government also alleges that NextGen violated the Anti-Kickback Statute, which prohibits anyone from offering or paying, directly or indirectly, any remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded programs. In its complaint, the government contends that, notwithstanding this prohibition, NextGen knowingly gave credits, often worth as much as $10,000, to current customers whose recommendation of NextGen’s EHR software led to a new sale. The government alleges that other remuneration, including tickets to sporting events and entertainment, was also provided to induce purchases and referrals.
“Electronic health records play a pivotal role in the provision of safe, effective healthcare, and the testing and certification process of the EHR Incentive Program was intended to provide assurances to providers that their EHR can perform certain important functions,” said United States Attorney for the District of Vermont, Nikolas P. Kerest. “With this settlement, our office has now resolved five investigations into misconduct by EHR companies, demonstrating our commitment to ensuring that EHR companies are held responsible for their misrepresentations.”
“Medical providers must be able to rely on electronic health records systems to correctly document and process important health data for continuity of patient care,” said Maureen R. Dixon, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of the Inspector General. “We will continue to work with our valuable law enforcement partners to evaluate allegations brought under the False Claims Act and ensure the integrity of Medicare programs.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Toby Markowitz and Elizabeth Ringold, healthcare professionals at a facility that used NextGen’s software. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The whistleblowers in this case will receive $5,580,000. The qui tam case is captioned United States ex rel. Markowitz et al. v. NextGen Healthcare, Inc., Case No. 2:18-cv-195 (D. Vt.).
The investigation and pursuit of this matter illustrate the government’s emphasis on combating healthcare fraud, including in the healthcare technology arena. One of the most powerful tools in this effort is the FCA. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the United States Attorney’s Office for the District of Vermont. Investigative support and assistance was provided by the Department of Health and Human Services, Office of Counsel to the Inspector General and OIG Office of Investigations.
The matter was handled by Assistant U.S. Attorney Lauren Almquist Lively and Fraud Section Attorneys Christelle Klovers and Kelley Hauser.
The claims in the Relators’ and the government’s complaints are allegations only and there has been no determination of liability.
nextgen_complaint_in_intervention.pdf nextgen_settlement_agreement.pdfThree Arrested for Drug Distribution at Rutland MotelRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Bradley Saldi, 43, Tina-Marie Mound, 61, and Brittany Fields, 31, have been charged with the distribution of cocaine base and fentanyl by criminal complaint. All three were arrested Thursday morning, July 6, 2023, in Rutland, Vermont during the execution of federal search warrants at the Highlander Motel. All three were living at the Highlander Motel at the time of their arrest and are scheduled to appear this afternoon before United States Magistrate Judge Kevin J. Doyle.
According to court records, law enforcement conducted numerous controlled purchases from multiple people at the Highlander Motel between December 2022 and June 2023. Saldi is alleged to have distributed cocaine base on May 15, May 16, June 12, and June 14, 2023, and fentanyl on May 15, 2023. Mound is alleged to have distributed fentanyl on December 7 and December 9, 2022, and on February 17, 2023. Fields is alleged to have distributed fentanyl on January 31, 2023, and cocaine base on June 14, 2023. All of these controlled purchases occurred on the premises of the Highlander Motel.
The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only, and that Saldi, Mound, and Fields remain presumed innocent until and unless they are convicted of a crime. Each defendant faces a maximum sentence of 20 years of imprisonment if convicted. The actual sentence would be determined with reference to Federal Sentencing Guidelines.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Vermont State Police’s Narcotics Investigation Unit, the Federal Bureau of Investigation, the Rutland City Police Department, and Homeland Security Investigations. He also thanked the Vermont State Police’s Field Force and Tactical Services Unit for vital assistance.
The prosecutors are Assistant United States Attorneys Jason Turner and Jonathan Ophardt. Saldi, Mound, and Fields have not yet been appointed counsel.
Armed Drug Trafficker Sentenced to 24 Months in PrisonRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced today that Edgar Correa, aka “Joker,” 35, of Springfield, Massachusetts was sentenced today to serve 24 months of imprisonment after his conviction for possession with intent to distribute cocaine and cocaine base, to be followed by a three-year term of supervised release. Correa pleaded guilty to the drug trafficking crime on March 17, 2023. Correa’s co-defendant, Jose Luis Maldonado, Jr., aka “Peeto,” remains pending trial, which has not yet been scheduled.
According to court records, on October 12, 2022, law enforcement was monitoring electronic video surveillance of a house on Robbins Street in Rutland, Vermont where drug trafficking activity was suspected. On the video, officers noted a man, later identified as Maldonado, carrying a black shotgun with a pistol grip and walking with another man, later identified as Correa, toward a white Honda Civic. The two put bags in the trunk and left the premises. Rutland Police officers located the vehicle and conducted a traffic stop. Four firearms were in the vehicle, including the shotgun in the trunk, a .380 caliber pistol beneath Correa’s seat, a .38 Special revolver between Correa’s seat and the center console, and a .22 caliber pistol between Maldonado’s seat and the center console. A search of the vehicle revealed two bags, found to contain approximately 24 grams of cocaine base, approximately 7 grams of cocaine, and over 550 bags of fentanyl. When Correa was searched incident to arrest, he was found in possession of a firearm magazine loaded with .380 caliber ammunition and a digital scale commonly used to weigh drugs for the purposes of selling a particular quantity.
United States Attorney Nikolas P. Kerest commended the coordinated investigatory efforts of the Vermont State Police’s Drug Task Force, the Rutland Police Department, Homeland Security Investigations, and the Federal Bureau of Investigation.The prosecutor was Assistant United States Attorney Jonathan Ophardt. Correa was represented by Federal Public Defender Michael Desautels, Esq.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Arkansas Man Pleads Not Guilty to Charge of Enticement of a Minor to Engage in Unlawful Sexual ActivityRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that on June 30, 2023, Nicholas Shelton, 24, of Hope, Arkansas, pleaded not guilty to a single-count indictment that charges him with using a facility of interstate and foreign commerce to entice, persuade, and coerce a minor to engage in sexual activity for which a person could be held criminally liable. United States Magistrate Judge Kevin J. Doyle had previously ordered that Shelton remain in custody until trial, which has not been scheduled.
According to court records and proceedings, in approximately March 2023, Shelton began communicating with a 15-year old minor female victim from Essex, Vermont, using various social media platforms, telephone conversations, and text messaging. The communications between Shelton and the minor victim included sexually explicit content. Shelton traveled to Vermont in early April and met with the minor victim, who hid him in the garage of her family’s home. After her parents discovered Shelton, they instructed him to leave and to leave their daughter alone. Instead, Shelton and the minor victim left together, which triggered the filing by the parents of a missing persons report with the Essex Police Department. Three days later, Shelton and the minor victim were discovered camping in a wooded area near Sand Hill Park in Essex, Vermont. Shelton was taken into custody. Shelton gave consent for law enforcement to search his cell phone, which is where his communications with the minor victim were discovered.
U.S. Attorney Nikolas P. Kerest commended the efforts of the Essex Police Department, Homeland Security Investigations, and the Vermont Internet Crimes Against Children Task Force.
Assistant U.S. Attorney Barbara A. Masterson is handling the prosecution of Shelton. Shelton is represented by Assistant Federal Public Defender Steven L. Barth.
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.
Philadelphia Man Arrested for Distribution of Cocaine BaseRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Rockylane Lewis, aka “Rizzo,” 33, of Philadelphia, Pennsylvania, has been charged with the distribution of cocaine base. Lewis was arrested Wednesday afternoon in Rutland, Vermont. Lewis appeared today for his initial appearance before United States Magistrate Judge Kevin J. Doyle and was ordered detained pending trial.
According to court records, law enforcement has been investigating Lewis’ drug trafficking activities in Rutland County since December 2022. In late March of 2023, law enforcement conducted a controlled purchase of cocaine base from Lewis. On June 21, 2023, law enforcement executed a search warrant in Rutland, during which Lewis was encountered and arrested. During the search of the apartment in which Lewis was located, law enforcement seized a black 9mm Ruger SR9c handgun, over 55 grams of bulk fentanyl, and a gram of cocaine base.
The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Lewis remains presumed innocent until and unless he is convicted of a crime. Lewis faces a maximum sentence of 20 years of imprisonment if convicted. The actual sentence would be determined with reference to the Federal Sentencing Guidelines.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of Homeland Security Investigations and the Rutland City Police Department. He also thanked the Vermont State Police Narcotics Investigation Unit, the Ludlow Police Department, the Windsor County Sheriff’s Office, the Rutland Office of Vermont Probation and Parole, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives for their vital assistance.
HSI New England Special Agent in Charge Michael Krol stated, “We at Homeland Security Investigations prioritize public safety above all else and work closely with our federal, state and local partners to achieve that goal. This investigation demonstrates that law enforcement is best able to serve the community when we work together. HSI would particularly like to recognize the Rutland City Police Department for their efforts in this investigation.”
The prosecutors are Assistant United States Attorneys Jason Turner and Jonathan Ophardt. Lewis is represented by Jordana Levine, Esq.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .
Carleena Graham Pleads Guilty to Defrauding Federal Program Funding RecipientRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that Carleena Graham, 56, of Accokeek, Maryland, pleaded guilty today in United States District Court in Burlington to a charge of wire fraud. Chief U.S. District Judge Geoffrey W. Crawford released Graham on conditions pending sentencing on December 15, 2023.
On May 31, 2023, the United States filed a one count information charging Graham with wire fraud. The defendant pleaded guilty to that charge today. According to the information, the victim, World Learning, is a non-profit global development and exchange organization that delivers educational and professional training programs, and people-to-people exchange opportunities around the world. World Learning had headquarters in Brattleboro, Vermont and Washington, D.C. World Learning received millions of dollars in federal funding from the United States Department of State and the United States Agency for International Development.
In 2014, World Learning hired Graham as the Director of Human Resources. She was subsequently promoted to Divisional Vice President of Human Resources and then to Vice President of Human Resources. Graham worked in World Learning’s Washington office. By reason of her positions of trust, Graham had access to a World Learning credit card that was to be used for human resources purposes.
At the time she was employed by World Learning, Graham also held positions at or had relationships with other non-profit and charitable organizations in the Washington, D.C. area (together the “third party organizations”). Beginning in approximately 2016 and continuing until the middle of 2022, Graham orchestrated a scheme to defraud World Learning of hundreds of thousands of dollars. As part of the scheme, Graham arranged for goods and services to be delivered to the third-party organizations, and then fraudulently arranged for World Learning to pay for these goods and services via electronic transfers of funds from its Vermont bank account. As part of the scheme, Graham falsified invoices submitted by vendors for payment of the goods and services to make them appear as though World Learning was the recipient of the goods and services. Graham often misused her access to World Learning’s credit cards to cause World Learning to pay the expenses incurred by the third-party organizations.
According to the information, World Learning suffered a fraud loss of approximately $425,000. As part of her plea agreement, Graham will consent at sentencing to the entry of a $425,000 forfeiture money judgment.
Graham faces up to 20 years of imprisonment and a fine of up to twice the gross loss to the victim. The actual sentence will be determined by Chief Judge Crawford with reference to the Federal Sentencing Guidelines and the United States Code. In the plea agreement, the parties estimated that Graham’s advisory sentencing range of imprisonment under the sentencing guidelines is likely to be 27-33 months.
This case was investigated by the Offices of Inspector General (OIG) of both the United States State Department and the Agency for International Development. “The Department of State and USAID Offices of Inspector General are committed to working with the Department of Justice to protect the people, programs, and financial resources of the Department of State and USAID. This case highlights the importance of our continued vigilance to ensure the money awarded to grant recipients is used for legitimate purposes and does not fall victim to theft, embezzlement, fraud, or misuse and to hold accountable those whose schemes compromise the work of the State Department and USAID.” said USAID OIG Acting Special Agent in Charge Eric del Valle and Department of State OIG Special Agent in Charge Chris Hileman.
Graham is represented by Walter Reynoso, Esq. of Florida and Christina Nolan, Esq. of Burlington, Vermont. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Hartford, Connecticut Man Sentenced for Drug Trafficking OffenseRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that on June 20, 2023, Raymond Rivera, 33, of Hartford, Connecticut, was sentenced in United States District Court in Burlington, Vermont, to serve 66 months in prison after his guilty plea to one count of possessing cocaine and fentanyl with intent to distribute. U.S. District Judge William K. Sessions III also ordered Rivera to serve a five-year term of supervised release and to pay a $100 special assessment. At the time of the offense, Rivera was serving a term of supervised release from a 2015 drug conviction in federal court in Connecticut. Rivera’s commission of the Vermont offense provided the basis for a violation of Rivera’s supervised release. On the supervised release violation, Judge Sessions sentenced Rivera to 12 months in jail consecutive to the 66-month sentence on the new criminal case.
According to court records and proceedings, Rivera was found in possession of a large quantity of cocaine and fentanyl on October 20, 2022, during the execution of a Vermont state search warrant at a residence in Northfield, Vermont. Rivera was arrested during the search and has been detained since then.
U.S. Attorney Nikolas P. Kerest commended the efforts of the Federal Bureau of Investigation and the Northfield Police Department in the investigation and prosecution of Rivera.
Assistant U.S. Attorney Paul Van de Graaf handled the prosecution of Rivera. Allan Sullivan, Esq., represented Rivera.
Connecticut Man Sentenced to 235-Month Prison Term for Inducing a Minor to Engage in Unlawful Sexual ActivityRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that John Griffin, 45, formerly of Norwalk, Connecticut, was sentenced yesterday afternoon following his guilty plea to using a facility of interstate commerce to persuade, induce, entice, or coerce a minor to engage in unlawful sexual activity. According to court records, since 2019, Griffin communicated over the internet with parents of minor daughters in an effort to allow him to train their girls in sexual submission. In furtherance of this plan, in the summer of 2020, Griffin paid for a mother, who he had met online, and her 9-year-old daughter to fly to Logan Airport in Boston, where he picked them up and drove them to his house in Ludlow, Vermont. While in Vermont, Griffin engaged in what he considered to be sexual training of the child. This “training” included Griffin forcing the child to perform a sex act with him and using the child to engage in bondage and sado-masochistic activity.
United States District Judge William K. Sessions III sentenced Griffin to a prison term of 235 months, to be followed by a 15-year term of supervised release. In imposing the sentence, Judge Sessions described Griffin’s conduct as “outrageous,” and explained that such conduct warranted a severe penalty. Griffin was also ordered to pay approximately $1.1 million dollars in restitution to the child victim, and to forfeit the Tesla he used to transport the girl and her mother from Boston to Vermont, among other items.
United States Attorney Nikolas P. Kerest said, “Leveraging his personal wealth, John Griffin targeted and sought to abuse vulnerable young girls. The sentence he received reflects the seriousness of Griffin’s horrific crime. We are grateful for the tremendous investigatory work of the Federal Bureau of Investigation and the invaluable assistance of both the Ludlow, Vermont and Henderson, Nevada Police Departments. This office along with its partners will continue to prioritize protecting the vulnerable and prosecuting dangerous offenders such as Griffin.”
“Mr. Griffin preyed on a vulnerable woman and her child, using his wealth to lure them to his home to manipulate and sexually exploit them,” said Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). “This sentence reinforces the message that the victimization of children will not be tolerated by law enforcement, and the FBI will continue to work with our partners at the United States Attorney’s Office to ensure justice is served to those who cause irreparable harm and trauma to these innocent young victims.”
The case was investigated by the Federal Bureau of Investigation, with support from the police departments of Ludlow, Vermont and Henderson, Nevada. The case is docket number 2:21-cr-00109-wks and the plea agreement is linked here: US v. John Griffin Plea Agreement
Griffin was represented by David Kirby, Esq., of Pound Ridge, New York. The prosecutor was Assistant United States Attorney Michael Drescher.
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.
Connecticut Man Faces Kidnapping and Stolen Vehicle ChargesRead the Press Release
Burlington, Vermont — The United States Attorney’s Office stated that Barry Perez, 37, of Hartford, Connecticut, was arraigned in federal court this morning on charges of kidnapping and interstate transport of a stolen motor vehicle. Perez had been indicted by a federal grand jury in Burlington on May 11, 2023. United States Magistrate Judge Kevin Doyle ordered Perez detained in federal custody pending further proceedings.
According to court records, Perez stole a box truck in Lebanon, New Hampshire in the early hours of the morning of January 13, 2023, and drove it into Vermont before crashing it into a rock outcropping in the median of Interstate 89. When a good Samaritan truck driver pulled over to render aid, Perez pointed a realistic-looking faux firearm at the truck driver and compelled the truck driver to drive him northbound on Interstate 89. The truck driver was eventually able to flee from the truck in a parking lot in Berlin. Responding officers found Perez in the cab of the truck and arrested him.
The indictment is an accusation only, and Perez is presumed innocent until and unless proven guilty. If convicted, Perez faces a maximum possible penalty of life imprisonment. The actual sentence in the case will be determined by the court with reference to the advisory United States Sentencing Guidelines.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Berlin Police Department, the Lebanon, New Hampshire Police Department, and the Vermont State Police. He also thanked the Washington County Sheriff’s Office, the Barre City Police Department, and the Montpelier Police Department for their assistance safely taking Perez into custody.
Assistant United States Attorneys Paul van de Graaf and Ray Sun represent the government. Perez is represented by Federal Defender Michael L. Desautels, Esq. and Michael J. Leddy, Esq.
Michigan Man Faces Drug ChargeRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that Terry Catchings, Jr., aka “Biggs,” 28, of Detroit, Michigan, appeared today before United States Magistrate Judge Kevin J. Doyle for arraignment on a federal drug charge. In March 2023, a federal grand jury returned a third superseding indictment charging Catchings, Jr.; Fredrick Campbell II, aka “Momo,” 19, of Detroit, Michigan; and Jason Sicely, aka “Jay,” 35, of Barre, Vermont, with conspiring to distribute heroin and methamphetamine between July 2022 and August 4, 2022.
As for Catchings’ co-defendants, Campbell was arrested on August 4, 2022, Sicely was arrested on January 19, 2023, and both have previously appeared in United States District Court on this matter.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Catchings, Campbell, and Sicely are presumed innocent until and unless convicted of a crime. The drug conspiracy charge is punishable by up to 20 years in prison. Any sentence in the case would be determined with reference to the Federal Sentencing Guidelines.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Vermont Drug Task Force, the Montpelier Police Department, and the Federal Bureau of Investigation.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Catchings is represented by Kevin Henry, Esq. Campbell is represented by Gregory Mertz, Esq. Sicely is represented by Mark Oettinger, Esq.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
Milton Man Sentenced for Drug Distribution ActivitiesRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that Stephen Boles, 30, of Milton Vermont, was sentenced today by the Hon. William K. Sessions III, United States District Judge, to 5-years of incarceration to be followed by 3 years of supervised release for possessing fentanyl with the intent to distribute the drug. According to the facts agreed to by the parties, on or about May 18, 2022, Stephen Boles was found in possession of over 10,000 glassine baggies of fentanyl, a CZ 9-mm pistol, and ammunition at his home in Milton. Officers also found over $190,000.00 and drug packaging materials at the residence.
This was Boles’s second federal drug conviction. In imposing the 5 year sentence, Judge Sessions varied downward from the otherwise applicable Advisory Sentencing Guidelines in part to recognize Boles’s struggles with addiction.
The U.S. Attorney’s Office thanked the DEA and the Milton Police Department for their work on the investigation. Assistant U.S. Attorney Eugenia Cowles represented the United States. Mark Kaplan, Esq. represented Mr. Boles.Colorado Man Sentenced for Conspiring to Distribute TramadolRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that John Gentile, 59, of Arvada, Colorado, was sentenced by United States District Court Judge William K. Sessions III to two years of probation for conspiring to distribute Tramadol. Tramadol is an opioid used for pain relief and is classified as a Schedule IV controlled substance under federal law.
According to court records, beginning in or about January 2020 and continuing through 2021, Gentile became involved in receiving and redistributing controlled substances and misbranded pharmaceutical drugs shipped to him by a drug supplier in India. Typically, large quantities of the substances, including Tramadol and others, were shipped from outside the United States and received by Gentile in Colorado. Gentile then redistributed smaller quantities of the substances, including Tramadol, to customers via mail. Gentile also shipped a package to a Vermont coconspirator and received electronic payments from the Vermont coconspirator as reimbursement for shipping and packaging drugs. Gentile was arrested in March 2022. At the time of his arrest, investigators seized approximately 17,500 pills from his vehicle. The pills included Tramadol and other Schedule IV controlled substances like Alprazolam (Xanax) and Zolpidem (Ambien), among others.
U.S. Attorney Nikolas P. Kerest commented, “At a time when counterfeit prescription drugs are being used to hide fentanyl from unsuspecting users, it is especially important for law enforcement to be on the look out for prescription drugs being distributed without signoff from a medical professional. The FDA’s Office of Criminal Investigations did excellent work to identify Gentile’s illegal receipt and redistribution of Tramadol and other controlled substances. This office looks forward to continued partnership with FDA to ensure that illegal distributors like Gentile are brought to justice.”
“Prescription drugs that are smuggled from overseas and are outside the secure supply chain can present a serious health risk to those who use them. The drugs may contain dangerous ingredients and are manufactured under unknown conditions,” said Special Agent in Charge Fernando P. McMillan, FDA Office of Criminal Investigations, New York Field Office. “We will continue to investigate and bring to justice those who traffic in illegal prescription drugs.”
This case was investigated by the Food and Drug Administration, Office of Criminal Investigations.
Assistant United States Attorney John J. Boscia represented the government. William E. Kraham, Esq. represented Gentile.
Anthony Facos Joins U.S. Attorney’s Office as District’s Law Enforcement CoordinatorRead the Press Release
Burlington, Vermont – United States Attorney Nikolas P. Kerest announced that effective today Anthony Facos has joined the U.S. Attorney’s Office as the new Law Enforcement Coordinator for the District of Vermont.
“Tony brings extensive law enforcement knowledge and experience to this critical position,” said U.S. Attorney Kerest. “He has deep roots in the Vermont law enforcement community and is an incredibly well-respected law enforcement officer in the state. I look forward to working with Tony to continue to maintain and enhance our Office’s relationships with our law enforcement partners and community stakeholders throughout Vermont.”
Facos joins the Office with more than 35 years of state and local law enforcement experience. He spent 33 years with the Montpelier Police Department, including 13 years as Chief of Police. Most recently, Facos served as the Executive Director of the Division of Enforcement and Safety for Vermont’s Department of Motor Vehicles. Facos began his law enforcement career with the Vermont State Police’s Marine Patrol.
Facos has a bachelor’s degree and a master’s degree from Norwich University, in addition to training he received at the Vermont Police Academy and FBI National Academy. He has been an Executive Board Member of the FBI Albany Division’s Joint Terrorism Task Force as well as co-chair of Vermont’s Law Enforcement Advisory Board.
As Law Enforcement Coordinator, Facos’s duties will involve advising the U.S. Attorney on law enforcement issues throughout Vermont. Facos will facilitate communication among federal, state and local law enforcement within the District of Vermont. Facos will serve as liaison and conduit for state and local law enforcement agencies to bring cases for possible federal prosecution with an emphasis on reduction of violent crime. He will also promote community engagement regarding Department of Justice initiatives, law enforcement priorities, and crime prevention activities.
Tyler Pollender-Savery Sentenced for Firearm CrimeRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that Tyler Pollender-Savery, 28, of Ludlow, Vermont, was sentenced yesterday in the United States District Court in Rutland to a time-served sentence following his guilty plea to possessing firearms while being an unlawful user of controlled substances. Chief United States District Judge Geoffrey W. Crawford also ordered that Pollender-Savery serve two years of supervised release.
According to court documents, on December 10, 2018, Pollender-Savery was arrested and charged in state court in Windsor County, Vermont with second-degree murder in connection with the homicide of an infant. Following a jury trial in October 2022, the defendant was acquitted of those charges. As part of the investigation into the homicide, law enforcement searched Pollender-Savery’s residence and recovered nine firearms belonging to Pollender-Savery. Investigation further established that Pollender-Savery used both cocaine and marijuana in and around the time he possessed these firearms, and that he had assaulted someone with a firearm while using controlled substances.
This case was investigated by the Vermont State Police.
Assistant United States Attorney Wendy L. Fuller represented the government. David Sleigh, Esq. represented Pollender-Savery.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .Fair Haven Residents Indicted for Drug Trafficking, Gun Possession OffensesRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that on May 31, 2023, a federal grand jury returned a four-count indictment against John Muzzy, 32, of Fair Haven, Vermont, and Rebecca Ross, 39, also of Fair Haven, Vermont. The indictment charges Muzzy with three counts of distribution, and aiding and abetting the distribution of cocaine base, and one count of being a user of unlawful controlled substances in possession of a firearm. Ross is charged in one count of distribution of cocaine base. Muzzy will be arraigned on the indictment on June 2, 2023, and Ross will be arraigned on June 5, 2023. Both hearings will be before Magistrate Judge Kevin J. Doyle.
According to court records and proceedings, in September 2022, a confidential source (CS) told the Vermont Drug Task Force (VDTF) that they could buy cocaine base from Muzzy. Thereafter, on September 23, 2022 and October 27, 2022, the CS purchased cocaine base from Muzzy. The CS negotiated with Muzzy a third time to buy cocaine base, on May 3, 2023. When the CS went to Muzzy’s residence to make the purchase, the CS purchased the drugs from Ross instead of Muzzy, who told the CS that “I’m the businesswoman” when the CS said that they wanted to deal with Muzzy.
On May 19, 2023, VDTF executed a search warrant at the residence where Muzzy and Ross lived in Fair Haven. During the search, approximately 20 firearms and a quantity of cocaine base was seized. Muzzy was located at the property in a vehicle in which cocaine base and two firearms were found. Muzzy admitted to being a drug user and said that the cocaine base and firearms found in the vehicle were his. Ross was also arrested during execution of the search. She admitted to distributing drugs for money.U.S. Attorney Nikolas P. Kerest commended the efforts of the Vermont Drug Task Force, the Vermont State Police, the Federal Bureau of Investigation, and the Fair Haven, Vermont Police Department in the investigation of Muzzy and Ross.
Assistant U.S. Attorney Barbara A. Masterson is handling the prosecution of Muzzy and Ross. Muzzy is represented by Assistant Federal Public Defender Steven L. Barth and Ross is represented by Karen R. Shingler, Esq.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .
Colchester Man Indicted on Robbery ChargeRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that Joshua Wells, 34, of Colchester, Vermont was indicted for an offense under the Hobbs Act for obstructing commerce by robbery. Wells made his initial appearance in United States District Court in Burlington on May 31, 2023. United States Magistrate Judge Kevin J. Doyle scheduled a detention hearing for June 7, 2023.
According to court records, on January 17, 2023, the South Burlington Police Department (SBPD) received a call reporting an armed robbery at the Jolley gas station located at 977 Shelburne Road in South Burlington, Vermont. Multiple SBPD officers responded to the scene and determined that a white male, who was wearing all black clothing and a black mask, flashed a gun at the store clerk, stole money and a carton of cigarettes, and fled on foot. Two days later on January 19, 2023, investigators searched Wells’ hotel room and vehicle and found the gun used in the robbery, which turned out to be a BB gun, and the distinctive black mask that Wells wore to the Jolley.
The U.S. Attorney’s Office notes that the indictment is an accusation only and that the defendant is presumed innocent until and unless proven guilty. If convicted, Wells faces a maximum of 20 years in prison. Any sentence in the case will be advised by the Federal Sentencing Guidelines.
U.S. Attorney Nikolas Kerest credited the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the South Burlington Police Department, the Colchester Police Department, the University of Vermont Police Services, and the New England State Police Intelligence Network for their work in the investigation.Assistant United States Attorney Zachary Stendig represents the government. Wells is represented by Evan Barquist, Esq. and Mary Nerino, Esq.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .
Winooski Man Sentenced for Receiving Firearm While Under IndictmentRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that Edward Lamson, 23, previously of Winooski, Vermont, was sentenced today following his guilty plea to receiving a firearm while under indictment for numerous state felony offenses. Lamson was found in possession of the firearm in May 2022, after he was involved in a single-vehicle accident in South Burlington, Vermont. Lamson was facing eight state felony charges, including multiple burglaries, and numerous simple assault charges at the time of his arrest.
Chief U.S. District Court Judge Geoffrey W. Crawford sentenced Lamson to time served (after serving approximately 9 months in prison), to be followed by a 3 year period of supervised release. In imposing the sentence, the Court noted not only the seriousness of Lamson’s offense, but also his history of mental health issues.
The U.S. Attorney recognized the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for their work on the case. Assistant U.S. Attorneys Eugenia Cowles and Michael Drescher represented the government. Michael J. Straub, Esq. represented Mr. Lamson.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .Rutland Woman Sentenced for Making False Statements when Purchasing a FirearmRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that Morgan Gates, 28, of Rutland, Vermont, was sentenced by Chief United States District Judge Geoffrey W. Crawford to time served (after serving approximately 10 months in prison) for making false statements to a federal firearms dealer in connection with the purchase of a firearm. Judge Crawford also ordered that Gates serve three years of supervised release starting today.
According to court documents, on June 29, 2022, Gates attempted to purchase a firearm at a Rutland dealer with a federal firearms license (“the FFL”). The FFL had reason to believe that Gates was an active drug user, delayed her purchase, and contacted the Rutland Police Department. While law enforcement investigated the attempted purchase, Rutland Police detectives learned that Gates had successfully purchased a Glock Model 45 9x19mm handgun from a different FFL located in Rutland on June 29, 2022. In coordination with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Homeland Security Investigations, Rutland Police detectives located Gates on June 30, 2022 and arrested her. A search of Gates’s residence in Rutland did not recover the Glock firearm but did result in the seizure of ammunition of multiple calibers, an empty box of 9x19mm ammunition, and evidence that demonstrated Gates’ participation in a conspiracy to distribute cocaine base. The Glock Model 45 9x19mm handgun purchased by Gates was ultimately recovered on July 19, 2022, in Rutland, Vermont.
This case was investigated by the Rutland Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Homeland Security Investigations.Assistant United States Attorneys Jonathan Ophardt and Zachary Stendig represented the government. Katina Ready, Esq. represented Gates.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .
Craig Wilkins Imprisoned on Firearms ChargeRead the Press Release
Burlington, Vermont – The United States Attorney for the District of Vermont announced that Craig Wilkins, 38, of Rutland, was sentenced today in United States District Court in Burlington to 30 months of imprisonment following his guilty plea to a charge that he possessed two handguns as a convicted felon. U.S. District Judge Christina Reiss also ordered that Wilkins serve three years of supervised release following completion of his prison term. Wilkins has been detained without bail since his arraignment last year.
According to court records, on October 31, 2021, Rutland police officers and emergency medical personnel responded to a grocery store parking lot after a citizen reported that two people appeared to be unconscious inside a vehicle. When officers arrived, the two occupants – Craig Wilkins, who was in the driver’s seat and a female who was in the rear – were conscious but appeared to be under the influence of drugs. Wilkins was asked to step out of the car for questioning and when he did so a round of ammunition fell to his feet. Wilkins is prohibited by federal law from possessing firearms or ammunition because he has prior Vermont felony convictions for distributing narcotics.
Authorities impounded the automobile and obtained a state court warrant to search it. In a backpack that was on the front passenger seat and in the glove compartment, officers recovered two handguns, about 177 grams of cocaine base, and about 15 grams of fentanyl. Federal agents obtained a warrant for Wilkins’ arrest on April 12, 2022 and a federal grand jury in Burlington indicted Wilkins on drug and gun charges later that month. Wilkins pleaded guilty to the gun charge last September.The case was investigated by the Rutland Police Department and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.
Wilkins is represented by Assistant Federal Public Defender Steven Barth. The prosecutor is Assistant U.S. Attorney Gregory Waples.This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .