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25 March 2024
Philadelphia Man Sentenced to 160 Months in Prison for Attempted Sale of More Than A Pound of Crystal MethamphetamineRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced that a Philadelphia man was sentenced on March 21, 2024, to 160 months in federal prison for possessing more than a pound of crystal methamphetamine with intent to distribute. U.S. District Judge Maryellen Noreika pronounced the sentence.
According to court documents, in October 2022, Raymond Talley arrived at a Delaware hotel with more than a pound of crystal methamphetamine that he intended to sell to another drug dealer. When Mr. Talley entered the hotel lobby, however, he found law enforcement waiting for him. After a brief flight, Mr. Talley was arrested, and the crystal methamphetamine was recovered.
U.S. Attorney Weiss stated, “As the Court recognized at sentencing, this amount of methamphetamine could have harmed or killed many Delawareans. My office and our law enforcement partners will continue to work tirelessly to prevent those harms from befalling our State.”
“HSI Wilmington’s First State Border Enforcement Security Task Force, along with the Newport Police Department worked diligently to bring Mr. Talley to justice,” said Special Agent in Charge of HSI Philadelphia William S. Walker. “It is critically important that law enforcement continue to fight against the scourge of methamphetamine being trafficked in our communities. Through seamless cooperation and quick action, investigators and prosecutors worked together to bring this case to a successful conclusion.”
Assistant U.S. Attorneys Meredith C. Ruggles and Benjamin L. Wallace prosecuted the case, which was investigated by Homeland Security Investigations.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 1:22-cr-00121.
Owasso Woman Pleads Guilty to Medicaid FraudRead the Press Release
OKLAHOMA CITY – Today, MELISSA FIKE, 52, of Owasso, Oklahoma, pleaded guilty to two counts of health care fraud, announced U.S. Attorney Robert J. Troester.
On March 6, 2024, Fike was charged with two counts of health care fraud. According to the Information, in 2018 Fike contracted as a licensed behavioral health practitioner for two Oklahoma counseling service providers, located in Coweta and Tulsa. As a result, Fike was eligible for reimbursement from Medicaid for providing counseling services to Medicaid beneficiaries and would receive a percentage of the reimbursement for each claim. The Information alleges that between October 2018 and September 2020, Fike submitted to the Oklahoma Health Care Authority numerous fraudulent claims for Medicaid reimbursement, resulting in approximately $171,000.00 worth of payments from the Medicaid program.
Today, Fike pleaded guilty, and admitted to submitting Medicaid claims for services she never actually rendered. At sentencing, Fike faces up to 10 years in federal prison and fines totaling up to $250,000 for each count.
“Protecting the integrity of Medicaid is of upmost importance because many of Oklahoma’s most vulnerable citizens depend on these services to be available when they need it,” said United States Attorney Robert Troester. “We are proud to partner with the Oklahoma Attorney General’s Office in our efforts to protect Medicaid funds.”
“I am proud of the tremendous work of my office’s Medicaid Fraud Control Unit in this investigation,” said Oklahoma Attorney General Gentner Drummond. “The Office of the Attorney General takes very seriously our commitment to rooting out Medicaid fraud to ensure taxpayer dollars are used correctly and that bad actors are held accountable.”
This case is the result of an investigation by the Medicaid Fraud Control Unit of the Office of the Oklahoma Attorney General. Assistant U.S. Attorney D.H. Dilbeck is prosecuting the case.
Reference is made to public filings for additional information.
Osceola County Man Indicted for Attempting to Entice A Minor to Engage in Sexual ActivityRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Rene Bravo (57, Kissimmee) with attempting to entice a minor to engage in sexual activity. If convicted, Bravo faces a minimum mandatory penalty of 10 years, up to life, in federal prison. The indictment also notifies Bravo that the United States intends to forfeit assets which were used in commission or are alleged to be traceable to proceeds of the offense.
According to court documents, in July 2023, Bravo began communicating with an undercover law enforcement officer (UC) whom Bravo believed to be a 13-year-old girl. Throughout the next several months, Bravo began expressing a sexual interest in the “child” over an escalating series of graphic messages. In February 2024, Bravo made plans to meet with the “child” and take her back to his home for sex. On February 29, 2024, Bravo arrived at the arranged meeting spot and was arrested.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Richard Varadan.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
North Fort Myers Man Sentenced to over 10 Years for Distributing and Possessing Child Sexual Abuse Images and VideosRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Cody Ray Syfrett (30, North Fort Myers) to 10 years and 10 months in federal prison for distribution and possession of images and videos depicting the sexual abuse of children. Syfrett was also sentenced to a 15-year term of supervised release and ordered to register as a sex offender. Syfrett entered a guilty plea on October 17, 2023.
According to court documents, between September 28 and October 4, 2021, Syfrett was chatting with an undercover agent on a social media application. Syfrett sent videos of minors engaged in sexual acts to the undercover agent. In addition, a social media app provided a cybertip to the National Center for Missing and Exploited Children (NCMEC) reporting that Syfrett had uploaded videos and images depicting child sexual abuse material between September 27 and October 10, 2021.
In December 2021, the FBI executed a search warrant for Syfrett’s social media account, which revealed videos and images depicting minors under the age of 12 engaging in sexually explicit conduct. On January 27, 2022, the FBI executed a search warrant at Syfrett’s residence and seized his cellphone. A subsequent forensic analysis of Syfrett’s cellphone revealed 20 images and 25 videos of child sexual abuse material. During an interview with agents, Syfrett confirmed that he utilized the social media app and confirmed his phone number and username for the app. Syfrett admitted to his conversation with the undercover agent and that he shared child sexual abuse material. Syfrett said that the youngest child depicted in the child sexual abuse material that he distributed was nine years old.
This case was investigated by the Federal Bureau of Investigation, Fort Myers Child Exploitation and Human Trafficking Task Force, which includes the Lee County Sheriff’s Office that assisted with this investigation. It was prosecuted by Assistant United States Attorney Yolande G. Viacava.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
New Orleans Man with Felony Convictions Pleads Guilty to Illegally Possessing FirearmsRead the Press Release
NEW ORLEANS, LOUISIANA – JARREN LEE, age 35, a resident of New Orleans, pleaded guilty on March 19, 2024, before United States District Judge Darrel J. Papillion to violating the Federal Gun Control Act, announced U.S. Attorney Duane A. Evans.
According to court records, LEE was arrested by the New Orleans Police Department after being observed driving a stolen vehicle. When police searched the vehicle, they found two firearms, both equipped with high-capacity magazines and one of which was stolen. LEE had several prior felony convictions, including multiple convictions for drug possession.
Judge Papillion set sentencing for July 16, 2024. LEE faces a maximum term of imprisonment of 15 years, a fine of up to $250,000, up to 3 years of supervised release, and a mandatory special assessment fee of $100.
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.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, and the New Orleans Police Department. It is being prosecuted by Assistant United States Attorney David Haller, Senior Litigation Counsel.
Muskogee Resident Pleads Guilty to Assault of Intimate Partner by StrangulationRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Colby Eric Dean Ballard, age 28, of Muskogee, Oklahoma, entered a guilty plea to one count of Assault of a Spouse, Intimate Partner, and Dating Partner in Indian County.
The Indictment alleged that on or about April 4, 2023, Ballard assaulted the victim by strangulation. The crime occurred in Muskogee County, within the boundaries of the Muscogee (Creek) Nation Reservation, in the Eastern District of Oklahoma.
The charges arose from an investigation by the Muskogee Police Department and the Federal Bureau of Investigation.
The Honorable Judge Gerald L. Jackson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report. Ballard was remanded to the custody of the United States Marshal Service pending sentencing.
Assistant United States Attorney Edith A. Singer represented the United States.
Mexican National Pleads Guilty to Methamphetamine TraffickingRead the Press Release
SACRAMENTO, Calif. — Orlando Torres Angulo, 29, of Mexico, pleaded guilty today to conspiracy to distribute methamphetamine, two counts of distributing methamphetamine, and use of a cellphone in aid of racketeering, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in February 2021, Torres Angulo conspired with other individuals in both Mexico and California to distribute methamphetamine in pound quantities. Torres Angulo arranged for the delivery of 4 pounds of methamphetamine to a customer, who was in fact an undercover officer in Fresno. Torres Angulo later delivered another 2 pounds of methamphetamine to the undercover officer in Roseville. While discussing this deal, Torres Angulo told the undercover officer that he would set aside 15 pounds of methamphetamine if the undercover officer came to his place in Tulare.
This case is the product of an investigation by the Federal Bureau of Investigation with assistance from the Drug Enforcement Administration, Homeland Security Investigations, and the Tri-County Drug Enforcement Team (TRIDENT). Assistant U.S. Attorney David W. Spencer is prosecuting the case.
Torres Angulo is scheduled to be sentenced by U.S. District Judge Kimberly J. Mueller on July 8, 2024. Torres Angulo faces a maximum statutory penalty of life in prison on the methamphetamine conspiracy and methamphetamine distribution counts and a maximum statutory penalty of five years in prison for his use of a cellphone in aid of racketeering. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. For more information about OCDETF, please visit Justice.gov/OCDETF.
Martin County Sex Offender Sentenced to a Decade in Federal Prison after Investigators Locate His Collection Child Sexual Abuse MaterialRead the Press Release
EVANSVILLE- Ryan Watkins, 47, of Loogootee, Martin County, Indiana, has been sentenced to ten years in federal prison after pleading guilty to possession of sexually explicit material involving minors.
According to court documents, on multiple occasions between January and April of 2023, Ryan Watkins viewed and downloaded images of child sexual abuse material to his cell phone linked to an internet cloud-based data storage platform.
Investigators examined the files and found more than 600 images depicting minors under twelve years old engaged in sexually explicit conduct. Images depicting minors engaged in sexually explicit conduct were also located by investigators in a Google Chrome cache folder and download folders on Watkins’ cellphone.
In May of 2010, Watkins was convicted of felony Child Molestation, in Davies County, Indiana and was a registered sex offender at the time he was viewing the sexually explicit material involving minors.
“This previously convicted child molester chose to continue seeking gratification from the sexual abuse of children,” said Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, Zachary A. Myers. “He didn’t care about the trauma that was inflicted on these victims, so long as he could enjoy this heinous material. Thanks to the U.S. Secret Service, Indiana State Police, and our federal prosecutor, our children are safer, and this dangerous offender is back behind bars where he belongs.”
The United States Secret Service and the Indiana State Police investigated this case. The sentence was imposed by U.S. District Court Judge Richard L. Young. Judge Young also ordered that Watkins be supervised by the U.S. Probation Office for fifteen years following his release from federal prison and that he must pay $6,000 in restitution.
U.S. Attorney Myers thanked Assistant United States Attorney Todd S. Shellenbarger, who prosecuted this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, 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.
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Man ordered to remove shipping container and floating docks from Lake Worth Lagoon after violating Rivers and Harbors ActRead the Press Release
MIAMI – On March 22, the U.S. District Court for the Southern District of Florida ordered a man to remove a shipping container and floating docks on which it rested from Lake Worth Lagoon near Palm Beach, Florida.
A 2021 complaint alleged that Fane Lozman violated the Rivers and Harbors Act (RHA) by placing the shipping container – which Lozman modified to include windows, doors, stairs, a rooftop deck and other additions – on floating docks in navigable waters of the United States without authorization. Since the United States commenced the action, Lozman removed several pieces of floating docks from Lake Worth Lagoon, but two floating docks and the modified shipping container remained.
Photo of floating docks and a shipping container on Lake Worth Lagoon, from United States’ Motion for Summary Judgment, Page 4 in U.S. v. Fane Lozman, case no. 21-cv-81119.
Lozman moved the floating docks and shipping container to different areas in Lake Worth Lagoon and anchored them. One of the floating docks split apart. And Lozman’s floating docks became unmoored on several occasions including once when the dock with the shipping container on it floated across Lake Worth Lagoon and beached at a public park. The floating docks together weigh over 100,000 pounds.
Lake Worth Lagoon is Palm Beach County’s largest estuary at up to a mile wide and running approximately 21 miles from North Palm Beach to Ocean Ridge, with two inlets connecting it to the Atlantic Ocean. The Atlantic Intracoastal Waterway cuts through Lake Worth Lagoon.
“The Rivers and Harbors Act provides for the safety of navigable U.S. waters,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “Prompt enforcement action to remove unauthorized structures is needed to protect persons and commerce in navigable U.S. waters.”
“Building or placing structures in navigable U.S. waters without authorization is a violation of the Rivers and Harbors Act,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “Unlawful structures can pose increased risks of harm to others, as in this case. We’re committed to enforcing the law.”
“USACE Jacksonville greatly appreciates the expertise and support that the Justice Department brought to resolving this matter,” said District Commander Col. James Booth of the U.S. Army Corps of Engineers' (USACE) Jacksonville District.
“The USACE Jacksonville regulatory enforcement program is working to deter unauthorized activities such as this, while continuously maintaining the integrity of the nation's waterways and aquatic resources,” said Compliance and Enforcement Chief Bobby Halbert of USACE’s Jacksonville District.
The USACE’s Jacksonville District referred the case to the Justice Department’s Environment and Natural Resources Division (ENRD). The Jacksonville District Enforcement Section is often aided by state and federal agencies, as well as groups and individuals who report suspected violations. To report suspected violations of the Rivers and Harbors Act, contact the Jacksonville District's enforcement program at [email protected].
Civil Section Chief Dexter Lee and Trial Attorneys Brandon N. Adkins and Rachel Martinez of ENRD’s Environmental Defense Section handled the case.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case no. 21-cv-81119.
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Man Sentenced for Sending Death Threats to Arizona State Election OfficialRead the Press Release
An Ohio man was sentenced today to two and a half years in prison for sending death threats to an election official in the Arizona Secretary of State’s Office during Arizona’s primary and general elections.
“If you threaten violence against the public servants who administer our elections, there will be consequences,” said Attorney General Merrick B. Garland. “The right to vote, which is the cornerstone of our democracy, relies on the ability of election workers and election officials to perform their duties without fearing for their lives. The Justice Department will continue to aggressively investigate and prosecute those who threaten these public servants.”
According to court documents, between Aug. 2, 2022, and Nov. 15, 2022, Joshua Russell, 46, of Bucyrus, left a series of voicemails threatening the life of an election official with the Arizona Secretary of State’s Office (Victim‑1).
The first message, which was sent on the day of the Arizona primary elections, accused Victim-1 of failing to protect the 2020 election and committing election fraud. Russell then said, “You’re the enemy of the United States, you’re a traitor to this country, and you better put your sh[inaudible], your [expletive] affairs in order, ’cause your days [inaudible] are extremely numbered. America’s coming for you, and you will pay with your life, you communist [expletive] traitor [expletive].”
“The defendant made multiple death threats against an Arizona election official during the state’s elections. This conduct is an attack on the democratic process itself, and today’s sentence shows that perpetrators of such egregious, unlawful conduct will be held to account,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The Criminal Division will not tolerate threats of violence intended to undermine our free and fair elections.”
Russell left another voicemail for Victim-1 on Sept. 9, 2022. In that message, Russell called Victim-1 a terrorist and a criminal, and then said that “[y]ou have a few short months to see yourself behind bars, or we will see you to the grave. You are a traitor to this nation, and you will suffer the [expletive] consequences.”
“Thorough reporting leads to prompt charging and timely deterrence of those who would disrupt democracy,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “Here, a threat reported during the August 2022 primary election was charged before the end of the calendar year. Thanks to the Office of the Arizona Secretary of State for making a detailed initial report, and to the FBI for its efficient and detailed investigation.”
Finally, on Nov. 15, 2022, Russell left a voicemail accusing Victim-1 of committing crimes against America and once again threatened Victim-1’s life. In relevant part, Russell said, “[w]e will not wait for you to be drugged through court. A war is coming for you. The entire nation is coming for you. And we will stop, at no end, until you are in the ground. You’re a traitor to this nation. You’re a [expletive] piece of [expletive] communist, and you just signed your own death warrant. Get your affairs in order, cause, your days are very short.”
Russell pleaded guilty in August 2023 to one count of making a threatening interstate communication.
The FBI Phoenix Field Office investigated the case, with assistance from the FBI Boston Field Office.
Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Sean K. Lokey for the District of Arizona prosecuted the case.
This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Garland and launched by Deputy Attorney General Lisa Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers — whether elected, appointed, or volunteer — are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. Two years after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.
Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property Section, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.
To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.
Man Caught with Drugs After his Release from Prison Sentenced to 12 ½ More YearsRead the Press Release
CAPE GIRARDEAU – U.S. District Judge Audrey G. Fleissig on Monday sentenced a man caught with methamphetamine and other drugs just weeks after his release from prison to 12 ½ more years in prison.
On May 19, 2023, officers with the Southeast Missouri Drug Task Force and the Kennett Police Department conducted a court-approved search of a home in Kennett after hearing that a drug supplier had a pound of meth there. Roderick Omar Wheeler Jr. was staying at the home with his uncle after being released from the federal Bureau of Prisons on April 28, according to Wheeler’s plea agreement and a government sentencing memorandum. During the search, 90 grams of crystal methamphetamine; 280 grams of synthetic marijuana (K2), 33 tablets of ecstasy, 8 grams of fentanyl and three digital scales were found. Wheeler also had $1,520 in cash that had been used earlier by the task force to buy meth.
Wheeler, 27, pleaded guilty in December 2023 to one felony count of possession of methamphetamine with intent to distribute.
Wheeler was sentenced to 78 months in prison in 2016 on gun and drug charges after being caught after a police chase with a pistol and marijuana, the sentencing memo says. He was released in 2021 but later sentenced to 14 more months in prison after violating the conditions of his supervised release. In 2014, Wheeler was found by police in a vehicle with a brick of marijuana underneath the seat. Wheeler had one ounce of meth concealed in his underwear that was discovered while he was being booked into jail.
The Southeast Missouri Drug Task Force and the Kennett Police Department investigated the case. Assistant U.S. Attorney Julie Hunter prosecuted the case.
Local man convicted of attacking officer in downtown HoustonRead the Press Release
HOUSTON – A 37-year-old Houston resident has pleaded guilty to assault of a federal officer after damaging two downtown buildings, announced U.S. Attorney Alamdar S. Hamdani.
On Oct. 26, 2023, Justin Wade Prophet was outside the federal courthouse in Houston during the early morning hours when he smashed a window with a long metal pole. He then walked to another building across the street, broke another window with the same pole and gained entry. While inside, he attempted to assault an individual who was on his way to work. He also damaged additional property.
Authorities from the federal courthouse confronted him shortly thereafter, at which time Prophet struck one of them with the pole. The officer shot Prophet in his lower extremities. Law enforcement immediately took Prophet into custody and transported him to the hospital.
“Brandishing a long metal pole, Prophet displayed a blatant disregard for public safety,” said Hamdani. “It is my office’s mission to protect federal facilities and Houston’s citizens, and with the help of local and federal partners, Prophet is now off the streets destined for a room full of metal poles—a prison cell.”
U.S. District Judge David Hittner has set sentencing for June 20. At that time, Prophet faces up to 20 years in federal prison and a possible $250,000 maximum fine.
Prophet has been and will remain in custody pending sentencing.
The Department of Homeland Security - Federal Protective Service and Houston Police Department conducted the investigation. Assistant U.S. Attorney John M. Lewis is prosecuting the case.
Law Enforcement Officials Announce Violent Crime Reduction Initiative: OPERATION CEASEFIRERead the Press Release
SAN JUAN, Puerto Rico – W. Stephen Muldrow, United States Attorney for the District of Puerto Rico, together with state, local, and federal law enforcement officials, announce the implementation of a multi-agency violent crime reduction initiative – Operation Ceasefire. Each of following law enforcement agencies will allocate personnel and resources to Operation Ceasefire to jointly target, apprehend and prosecute the most prolific, violent armed criminals operating throughout Puerto Rico.
- Secretary Domingo Emanuelli, Puerto Rico Department of Justice;
- Secretary Alexis Torres, Puerto Rico Department of Public Safety;
- Commissioner, Colonel Antonio López Figueroa, Puerto Rico Police Bureau;
- Commisioner Joey Prado, Bayamón Municipal Police;
- Commissioner Rubén Moyeno, Carolina Municipal Police;
- Commissioner Jorge Hernández Peña, Guaynabo Municipal Police;
- Acting Commissioner Juan Jackson, San Juan Municipal Police;
- Special Agent in Charge Christopher Robinson, Bureau of Alcohol, Tobacco, Firearms & Explosives;
- Special Agent in Charge Denise Foster, Drug Enforcement Administration;
- Special Agent in Charge Joseph González, Federal Bureau of Investigation;
- Special Agent in Charge Rebecca González Ramos, Homeland Security Investigations; and
- United States Marshal Wilmer Ocasio Ibarra, United States Marshals Service.
Operation Ceasefire will build on existing anti-violent crime strategies, such as the Gang Strike Forces and the Triggerpuller program. The initiative will be coordinated through the Chief and Deputy Chief of the United States Attorney’s Office’s Gang Section, Assistant U.S. Attorneys Alberto Lopez-Rocafort and Teresa S. Zapata Valladares.
Operation Ceasefire will also draw upon the resources and collaboration of the Department of Justice’s Project Safe Neighborhoods (PSN) Program and the Organized Crime Drug Enforcement Task Forces (OCDETF) Program, as well as the Puerto Rico / U.S. Virgin Islands High Intensity Drug Trafficking Area (PRVI HIDTA) Task Force.
The OCDETF mission is to identify, disrupt, and dismantle the highest-level criminal organizations that threaten the United States, using a prosecutor-led, intelligence-driven, multi-agency task force approach. OCDETF synchronizes and incentivizes prosecutors and agents to lead smart, creative investigations targeting the command-and-control networks of organized criminal groups and the illicit financiers that support them. Additional information about the OCDETF Program may be found at www.justice.gov/OCDETF.
PSN brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN, an evidence-based program proven to be effective at reducing violent crime, is the centerpiece of the Justice Department’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders works together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally‑based prevention and reentry programs for lasting reductions in crime.
The PRVI HIDTA Task Force was established by the Office of National Drug Control Policy (ONDCP) in 1994. The mission of the PRVI HIDTA is to reduce violence and crime by targeting, disrupting, and dismantling drug trafficking and money laundering organizations supported by intelligence driven investigations.
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Justice Department Sues Missouri Landlord for Sexually Harassing TenantsRead the Press Release
The Justice Department filed a lawsuit today against Jimmie Bell, a landlord in Springfield, Missouri, for sexually harassing female tenants in violation of the Fair Housing Act (FHA). Bell has managed over 100 residential rental properties in and around Springfield.
The lawsuit, filed in the U.S. District Court for the Western District of Missouri, alleges that Bell subjected multiple female tenants to harassment that included making unwelcome sexual advances, offering to reduce rent or make needed repairs in exchange for engaging in sex acts, subjecting female tenants to unwelcome sexual touching and initiating eviction actions against female tenants who refused his sexual advances.
“No one should ever be subjected to sexual harassment and degradation simply to keep a roof over their head,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Sexual harassment in residential settings is uniquely abhorrent because one’s home should be a place of refuge. The Justice Department is committed to vigorously enforcing the Fair Housing Act’s protections against sexual harassment and holding landlords and housing providers accountable when they engage in this abhorrent conduct.”
“This Springfield landlord repeatedly took advantage of his tenants by using his position as leverage to egregiously violate their civil rights,” said U.S. Attorney Teresa Moore for the Western District of Missouri. “Today’s lawsuit illustrates the determination of the Justice Department to protect victims of sexual harassment or other types of housing discrimination and to hold their abusers accountable.”
“This landlord’s sexual harassment is a gross violation of his position and of the Fair Housing Act,” said Principal Deputy Assistant Secretary Demetria McCain of the Department of Housing and Urban Development (HUD)’s Office of Fair Housing and Equal Opportunity. “People deserve to be safe in their homes.”
The matter was referred to the Justice Department after HUD received a complaint alleging that Bell had violated the FHA by sexually harassing a female tenant and retaliating against her when she rejected his sexual advances. Bell chose to have the matter decided in federal court after HUD investigated the complaint and issued a charge of discrimination. Upon receiving the referral, the Justice Department investigated further and identified additional female tenants whom Bell sexually harassed.
The department’s lawsuit seeks monetary damages to compensate persons harmed by the alleged harassment, a civil penalty to vindicate the public interest and a court order barring future discrimination. The lawsuit names Jimmie Bell as a defendant in his individual capacity and as trustee of Second Bell Trust, the owner of many of the properties Bell managed. The lawsuit also names as defendant Fourth Bell LLC, the owner of additional properties Bell managed.
Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental properties owned or managed by Jimmie Bell, or who have other information that may be relevant to this case, may contact the Justice Department’s housing discrimination tip line at 1-833-591-0291. Dial “1” for English, “2” for sexual harassment cases, and “3” for the Jimmie Bell lawsuit mailbox. Individuals may also email the Justice Department at [email protected].
The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The initiative seeks to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers and other people who have control over housing. Since launching the initiative in October 2017, the department has filed 40 lawsuits alleging sexual harassment in housing and recovered nearly $12 million for victims of such harassment.
The FHA prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
Justice Department Seeks Court Order to Stop California Department of Corrections from Requiring Correctional Officers to Violate Religious BeliefsRead the Press Release
The Justice Department today challenged the California Department of Corrections and Rehabilitation (CDCR) on its denial of religious accommodations for correctional officers of various faiths, including Sikhs and Muslims, who wear facial hair as an expression of their faith. CDCR generally prohibits correctional officers from wearing beards, and the action seeks a temporary court order allowing these officers to wear beards while CDCR fully assesses options for providing them with religious accommodations while complying with California safety regulations.
“Sikhs, Muslims and employees of any faith should not be forced to choose between the practice of their faith and their jobs,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Religious freedom and religious accommodation are bedrock principles of our democracy. We are taking action to ensure that the rights of employees of all faiths are respected and accommodated in the workplace. As faith communities celebrate Ramadan and other important holidays across religions in the coming weeks, the Justice Department will continue to combat religious discrimination in the workplace.”
“Our district is one of the most diverse in the country, with communities of many different faiths practicing customs that are central to their beliefs,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “The action brought today is an important use of the federal civil rights laws to protect this religious expression. My office will continue to work hand in hand with the Civil Rights Division to ensure that individuals of all faiths can receive due consideration for appropriate religious accommodations at workplaces in this district.”
The department’s action, filed in the U.S. District Court for the Eastern District of California, alleges that although many officers had performed their jobs successfully for years while wearing facial hair, CDCR implemented a revised facial hair policy last year and, since then, has repeatedly denied religious accommodation requests, forcing officers to shave their beards or lose their jobs. The affected officers have been forced to violate core tenets of their faiths and have suffered shame and humiliation among their religious communities, including being shunned from houses of worship and denied participation in religious ceremonies, such as family weddings.
Since CDCR implemented its revised facial hair policy, numerous officers have filed charges of religious discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights Act of 1964 (Title VII). Because the EEOC’s investigation remains ongoing, the department is seeking relief in its requested court order only until the EEOC finishes its full investigation or until CDCR can otherwise show the court it has met its religious accommodation obligations under Title VII. The department’s complaint alleges that CDCR has failed to meaningfully consider the range of options proposed by the charging parties or those used by other correctional institutions to accommodate officers’ religious beliefs while meeting safety requirements. The department asks the court to order CDCR to stop enforcing its facial hair policy against officers who request to wear a beard because of their religious beliefs and engage in good faith discussions with officers about possible reasonable accommodations that would allow officers to safely do their jobs and adhere to their religious beliefs.
Employees with complaints of religious discrimination can report them to their local EEOC office or their state or local fair employment practices agencies. The contact information for each local EEOC office can be found at www.eeoc.gov/field-office.
Trial Attorneys Alicia Johnson and Sharion Scott of the Civil Rights Division’s Employment Litigation Section and Assistant U.S. Attorney Robert Fuentes for the Eastern District of California are handling the case.
The full and fair enforcement of Title VII is a top priority of the Justice Department’s Civil Rights Division. More information about the Civil Rights Division and the Employment Litigation Section is available at www.justice.gov/crt/ and www.justice.gov/crt/employment-litigation-section.
Justice Department Secures Settlement with Ohio Manufacturing Company to Resolve Alleged Discrimination Against National GuardsmanRead the Press Release
The Justice Department announced today that it has resolved its lawsuit against U.S. Development Corporation, doing business as Akro-Plastics, on behalf of Ohio National Guardsman Staff Sergeant Nicholas Whitman. The department alleged that Akro-Plastics violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when it failed to promote Sergeant Whitman to a human resources position based on his military service obligation and constructively discharged him on his return from military service.
“Federal law safeguards the civilian employment rights of our nation’s servicemembers and ensures that their career opportunities aren’t harmed because of their military duties,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Employers must ensure that servicemembers receive all career advancements that they deserve.”
“American servicemembers make great sacrifices to protect our citizens and the freedoms, liberties and civil rights that we all enjoy,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “The U.S. Attorney’s Office for the Northern District of Ohio is committed to protecting all its citizens from discrimination, including servicemembers who employers discriminate against by denying them deserved workplace opportunities because of their past, present or future military service.”
According to the complaint, Sergeant Whitman started working at Akro-Plastics in June 2022. He applied for a human resources job in September 2022 and went through three interviews. Supervisors and officials knew about his upcoming three-month military deployment and repeatedly cited it as the reason for not promoting him. From December 2022 to April 2023, Sergeant Whitman fulfilled his military duties with the National Guard. Following his deployment, he returned to work for a short while before being forced to leave due to hostility from Akro-Plastic’s management. Under the settlement agreement, Akro-Plastics will pay Sergeant Whitman monetary damages. The company will also revise its polices, practices and trainings to prevent violations of USERRA.
The Department of Labor (DOL) referred this matter to the Justice Department following an investigation by its Veterans’ Employment and Training Service.
The Civil Rights Division’s Employment Litigation Section continues to work collaboratively with the DOL to protect the jobs and benefits of military members. The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found at www.justice.gov/crt/laws-we-enforce and www.justice.gov/servicemembers, as well as on the DOL’s website at www.dol.gov/agencies/vets/programs/userra.
Justice Department Announces Opening of Nominations for the Seventh Annual Attorney General’s Award for Distinguished Service in Community PolicingRead the Press Release
Attorney General Merrick B. Garland today announced the Justice Department is now accepting nominations for the Seventh Annual Attorney General’s Award for Distinguished Service in Community Policing. These awards represent part of the Justice Department’s ongoing commitment to support the nation’s law enforcement officers who put their lives on the line every day to keep our communities safe.
The Attorney General’s Award recognizes individual state, local, and Tribal sworn, rank- and-file police officers and deputies for exceptional efforts in community policing. The awarded officers, deputies, and troopers will have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations, or innovations in policing. Within each category, an award will be given to law enforcement agencies serving small, medium, and large jurisdictions. Those agency sizes are defined as:
- Small: agencies serving populations of fewer than 50,000;
- Medium: agencies serving populations of 50,000 to 250,000; and
- Large: agencies serving populations of more than 250,000.
By acknowledging and rewarding these efforts, the Department strives to promote and sustain its national commitment to community policing and to advance proactive policing practices that are fair and effective. With the Attorney General’s Award for Distinguished Service in Community Policing, the Office of the Attorney General recognizes that the nation’s law enforcement agencies, officers, deputies, and troopers continue to work tirelessly to keep our communities safe places to live and work.
The deadline for nominations is May 6 at 8 p.m. ET. More information and the application for nominees can be found at www.justice.gov/ag/policing-award.
Jamestown drug ring leader pleads guilty as federal trial was set to beginRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Rocco A. Beardsley, 38, of Jamestown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to narcotic conspiracy and distribution of fentanyl causing death, which carry a mandatory minimum penalty of 20 years in prison, and a maximum of life. Beardsley pleaded guilty as jury selection was scheduled to begin in his federal trial.
Assistant U.S. Attorneys Joshua A. Violanti, Evan K. Glaberson, and Jeffrey E. Intravatola, who are handling the case, stated that between late 2018 and March 2020, Beardsley conspired with seven others sell methamphetamine, fentanyl, and other controlled substances in the Jamestown area. On April 9, 2019, Beardsley sold acetyl fentanyl and fentanyl, which resulted in the death of an individual identified as J.A. After learning of J.A.’s death, Beardsley took steps to conceal his involvement in the drug overdose, including by directing others to destroy evidence from the death scene.
Beardsley bought and sold fentanyl, and methamphetamine for profit and for his own use, utilizing social media to conduct his drug trafficking activities. Beardsley also utilized residences on Sampson Street and Cowden Place in Jamestown for his drug trafficking activities. During the investigation, law enforcement conducted five controlled purchases from Beardsley. In addition, Beardsley and his co-conspirators also participated in a series of money transfers in furtherance of the narcotics conspiracy.
During the investigation, search warrants were executed at residences associated with the drug conspiracy, during which law enforcement seized approximately 100 grams of methamphetamine, 66 grams of fentanyl, 28 grams of cocaine, 4 grams of crack cocaine, a 12-gauge shotgun, and drug paraphernalia.
Beardsley was previously convicted in Federal Court in 2007 of conspiracy to distribute crack cocaine and sentenced to serve 57 months in prison. In 2017, he was convicted in New York State Court of Criminal Possession of a Controlled Substance, and Narcotic Drug Intent To Sell.
A total of seven defendants were charged and convicted in this case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank Tarantino, III, New York Field Division, the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Assistant Special Agent-in-Charge Bryan DiGirolamo, the New York State Police, under the direction of Major Stanley Edwards III, and the Town of Ellicott Police Department, under the direction of Chief William Ohnmeiss Jr.
Sentencing is scheduled for July 23, 2024, at 2:00 p.m. before Judge Sinatra.
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International Trafficker of Counterfeit Apple Products Sentenced to PrisonRead the Press Release
NEWS RELEASE SUMMARY – March 25, 2024
SAN DIEGO – Zhiwei “Allen” Liao was sentenced in federal court today to 51 months in prison for his role as an organizer and leader of an international conspiracy to traffic in counterfeit Apple products. The defendant was also ordered to forfeit two residences along with $120,370 in U.S. currency and more than 200 Apple devices seized during the investigation.
According to court documents, Zhiwei Liao and his brothers, Zhimin Liao and Zhiting Liao, led an international exchange fraud scheme involving more than 10,000 counterfeit iPhones and iPads. The Liaos imported counterfeit iPhones and iPads from China that looked genuine and included identification numbers (IMEI and serial numbers) matching identification numbers on real iPhones and iPads that were under warranty and had been previously sold to customers in the United States and Canada. At the direction of the Liao brothers, co-conspirators traveled to hundreds of Apple Stores across the United States and Canada, and attempted to exchange counterfeit iPhones and iPads for genuine iPhones and iPads resulting in a loss of $6.1 million to Apple, Inc. Zhiwei Liao then sent the fraudulently obtained, but genuine Apple products primarily to China where they were sold at a premium.
In court today, U.S. District Judge Cynthia Ann Bashant said that a significant prison sentence was appropriate because Zhiwei Liao was the organizer and leader of an extensive international criminal organization that trafficked in counterfeit goods throughout North America for several years.
The scheme was sophisticated and dynamic, involving counterfeit devices imported from China that looked like genuine devices under warranty. Zhiwei Liao micromanaged the operations and created a moving target for law enforcement by directing counterfeit Apple products and criminal proceeds to be sent to different co-conspirators, companies, and family members throughout the scheme. Co-conspirators supported these efforts to avoid law enforcement by exchanging the counterfeit products using a variety of false names and email accounts.
The defendant’s brothers, Zhimin Liao and Zhiting Liao, who were also leaders of the conspiracy, were previously sentenced to 41 months in custody in October 2023.
This case is part of a multi-year investigation led primarily by the Federal Bureau of Investigation and the San Diego Police Department that resulted in 12 felony convictions, the forfeiture of five residences in San Diego with an estimated value of more than $4.1 million, over $250,000 in cash, and more than 200 Apple products that were either counterfeit, fraudulently obtained, or used during the criminal operations.
“This was a massive, sophisticated fraud that victimized not only Apple, Inc., but thousands of Apple product owners across North America,” said U.S. Attorney Tara McGrath. “Theft of intellectual property and the sale of counterfeit goods are growing global problems with serious economic implications.”
“Mr. Liao’s sentencing closes a major chapter in a multi-year investigation that exposed an international, elaborate scheme to sell counterfeit goods worldwide,” said FBI San Diego Special Agent in Charge Stacey Moy. “This investigation would not have been successful without the unwavering dedication and persistence of our law enforcement partners. We remain diligent in the pursuit of justice to help maintain the integrity of our economy.”
This case is being prosecuted by Assistant U.S. Attorney Timothy F. Salel.
DEFENDANTS Case Number 19cr4407-BAS
Zhiwei Liao, aka “Allen” San Diego, CA Age: 34
Zhimin Liao, aka “Jimmy” San Diego, CA Age: 36
Zhiting Liao, aka “Tim” San Diego, CA Age: 33
Dao Trieu La, aka “Selena” San Diego, CA Age: 32
Mengmeng Zhang, aka “Aria” San Diego, CA Age: 31
Tam Nguyen, aka “Kelly,” San Diego, CA Age: 39
Charley Hsu San Diego, CA Age: 41
Danny Tran Chan San Diego, CA Age: 32
Phillip Pak, aka “Teddy” San Diego, CA Age: 33
Deedee Zhu, aka “David,” San Diego, CA Age: 35
Jiaye Jiang, aka “joejoekong” San Diego, CA Age: 34
Hyo Yang, aka “Will” San Diego, CA Age: 33
SUMMARY OF CHARGES
Conspiracy to Traffic in Counterfeit Goods – Title 18, U.S.C., Section 2320
Maximum penalty: Ten years in prison, $2 million fine, mandatory restitution, and forfeiture.
INVESTIGATING AGENCIES
Federal Bureau of Investigation
San Diego Police Department
San Diego County Sheriff’s Department
U.S. Customs and Border Protection
Homeland Security Investigations
U.S. Marshals
Indianapolis Man Sentenced to 35 Years in Federal Prison for Sexual Abuse and Exploitation of Children as Young as Three Years OldRead the Press Release
INDIANAPOLIS- Dustin Rose, 33, of Indianapolis, has been sentenced to 35 years in federal prison after pleading guilty to sexual exploitation of a child and possession of child sex abuse material.
According to court documents, over a four-year period, Dustin Rose engaged in sexually explicit conduct with three children and took photographs of the conduct.
In 2018, Rose took photos zooming in on the clothed genital area of a girl under the age of 16. Rose also took a photograph of himself grabbing the clothed breast of the girl, who was a relative of a woman Rose had been dating.
Between November 2020 and August 2022, Rose repeatedly fondled the breasts of another girl while she was asleep in her bedroom. This child was under the age of 12 and was a relative of a woman Rose was dating during that time.
In August of 2022, Rose’s relationship with that woman ended and he moved out of the house. After Rose moved out, the woman found a microSD card that belonged to Rose. The woman viewed the contents of the microSD card and found multiple sexually explicit images.
On October 19, 2022, IMPD officers arrested Rose. When Rose was taken into custody, police seized a cell phone that he was holding in his hand. Investigators found multiple sexually explicit images depicting a young girl three to four-years-old, including an image of Rose touching the child’s exposed pubic area.
An examination of Rose’s cell phone showed that he had a Dropbox account containing multiple images and videos of unknown children, including pre-pubescent children, being raped and sexually abused. In total, Rose possessed more than 600 images of child sexual abuse material.
“No child should suffer sexual abuse, especially at the hands of individuals they and their families believed they could trust,” said Zachary A. Myers, U.S. Attorney for the Southern District of Indiana. “For years, this predator exploited multiple children to satisfy his criminal sexual desires. The U.S. Secret Service, IMPD, and federal prosecutors worked tirelessly to remove this offender from the community and stop the abuse. Thanks to their efforts, and those who brought the abuse to the attention of law enforcement, Mr. Rose will now spend decades in federal prison, where he cannot sexually abuse another child.”
“The U.S. Secret Service is a proud member of the Indiana Internet Crimes Against Children Task Force,” said Special Agent in Charge Jeffrey R. Adams, of the U. S. Secret Service’s Indianapolis Field Office. “The Secret Service is honored to partner with the Indianapolis Metropolitan Police Department and support their work in this investigation and the pursuit of those who choose to victimize children.”
U.S. Secret Service and IMPD investigated this case. The sentence was imposed by U.S. District Court Judge James P. Hanlon. Judge Hanlon also ordered that Rose be supervised by the U.S. Probation Office for life following his release from federal prison and register as a sex offender wherever he lives, works, or goes to school.
U.S. Attorney Myers thanked Assistant United States Attorney Kyle M. Sawa and former Assistant United States Attorney Kristina M. Korobov, who prosecuted this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, 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.
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Hollidaysburg Couple Pleads Guilty to Conspiracy to Defraud the United States and Husband Pleads Guilty to Health Care FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that John H. Johnson and Paula Z. Johnson, both age 62, of Hollidaysburg, Pennsylvania, pleaded guilty to a criminal information charging them with one count of conspiracy to defraud the United States. John H. Johnson also pleaded guilty to one count of conspiracy to commit health care fraud.
According to United States Attorney Gerard M. Karam, in 2016, John Johnson, a physician with specialized training in anesthesiology, entered into an agreement with other individuals to defraud health insurance programs by billing them illegally for expensive tests known as “urine drug tests.” One of the individuals that Johnson conspired with was Rodney L. Yentzer, who pleaded guilty for his role in related offenses in March 2022, and is awaiting sentencing. Johnson and Yentzer carried out this agreement through a couple different groups of pain management practices located throughout central Pennsylvania, known as Lighthouse Medical and Pain Medicine of York (“PMY”). Yentzer, who had no medical training, acquired PMY in 2014 at the suggestion of John H. Johnson, with whom Yentzer was business partners. PMY absorbed Lighthouse Medical in 2017, and PMY closed permanently in November 2019 after law enforcement agents executed search warrants at its various locations.
In 2016, Lighthouse Medical, under the direction of John H. Johnson, operated a drug testing laboratory on its own premises. This laboratory had the equipment and capabilities to perform urine drug testing (“UDT”) on site. UDT, when used legitimately, is a method for physicians to test their patients for the presence and specific amounts of various substances. A very high percentage of the patients of Lighthouse Medical (and, subsequently, PMY) were prescribed with opioid medications at each monthly visit. UDT could be used, for instance, to test whether such patients were taking their medications as prescribed or taking illegal recreational drugs in addition to their prescribed medications. Urine drug tests were typically reimbursed at a high rate by Medicare and private insurance programs.
In March 2016, Johnson and Yentzer agreed with the new owners of a rural, 25-bed “Critical Access Hospital” located near the border of Florida and Alabama to “sell” Lighthouse Medical’s UDT laboratory services to the hospital; in exchange, the hospital purchased the exclusive right to bill for payment and collect payment from patients and insurance programs. The hospital agreed to pay Lighthouse Medical a kickback of $900 per test.
As a Critical Access Hospital under federal law, the hospital received very favorable payment from Medicare and private insurance programs, including, for example, for UDT. Thus, even while paying a $900 kickback per test to Lighthouse Medical, the hospital was still able to collect and keep a significant amount of money over and above that amount. The owners of the hospital also used other laboratories like Lighthouse Medical in a similar pass-through manner. As a result, the hospital was able to bill for a number of laboratory tests that far exceeded what would normally be associated with a small facility of its kind, and Lighthouse Medical was paid far more than what it would have typically received for UDT from Medicare and other insurers. For instance, on July 12, 2016, the hospital paid Lighthouse Medical $816,300 for 907 urine drug tests. Approximately one week later, the hospital paid Lighthouse Medical $628,200 for nearly 700 tests.
In total, the owners of the hospital billed others, including private insurers, approximately $1.4 billion for various laboratory testing services that were not medically necessary. The majority of this amount was due to UDT. Lighthouse Medical received $2,341,775 in kickback payments over a four-month time period, with 85% of this amount going to John H. Johnson and the remaining amount going to Rodney L. Yentzer.
In addition to pleading guilty to conspiracy to commit health care fraud, John H. Johnson pleaded guilty to one count of conspiracy to defraud the United States. His wife, Paula Z. Johnson, who is also a physician from Hollidaysburg, Pennsylvania, pleaded guilty to the same offense. Together, John H. Johnson and Paula Z. Johnson conspired to evade payments to the U.S. Government that John H. Johnson was required to make for a prior criminal conviction.
In July 2015, John H. Johnson was indicted for various tax offenses in the U.S. District Court for the Western District of Pennsylvania. In September 2016, John H. Johnson was charged in the U.S. District Court for the Southern District of Florida with conspiracy to commit mail fraud and wire fraud in connection with a separate health care fraud scheme. In early 2017, John H. Johnson knew that he was likely going to prison for these offenses, so he approached Rodney L. Yentzer and got Yentzer to agree to place Paula Z. Johnson, who had not practiced medicine in years, on the PMY payroll.
In June 2017, John H. Johnson was sentenced to an 84-month term of imprisonment for the various offenses with which he had been charged. He was also ordered to repay to the U.S. Government over $3 million restitution payments for fraudulent health care billing and unpaid taxes.
Even following his imprisonment, Johnson and Yentzer remained in close contact through phone and in-person visits, with Johnson providing direction to Yentzer. During conversations, Johnson and Yentzer sometimes used coded language to describe sensitive subjects, including the term “toy” to refer to money and the term “toy box” to refer to bank accounts.
John H. Johnson knew that PMY continued to be highly profitable, in large part owing to its UDT billing. Specifically, PMY billed every patient for two urine drug tests at each visit: one test a presumptive “screen” for the presence of certain substances and the second a definitive test for specific levels of 22 different substances. This testing protocol had been put in place by John H. Johnson when he ran Lighthouse Medical, and he instructed Yentzer to do the same at PMY. Yentzer followed this direction.
From mid-2017 until late 2019, PMY submitted bills just to Medicare for around $10 million in UDT, with well over $4 million being paid out. John H. Johnson, Paula Z. Johnson, and Rodney L. Yentzer devised various other ways to funnel money to the Johnsons so that they could benefit from this wealth without the money being captured for John H. Johnson’s restitution payments. Among other things, Yentzer purchased a car for the Johnsons’ son and leased an Audi Q5 for Paula Z. Johnson, at her request. Yentzer also made $28,000 in contributions to their children’s 529 college savings accounts, paid over $40,000 in legal bills for “asset and estate planning,” made over $40,000 in payments toward personal loans, and covered other large bills, all with the knowledge of both John H. Johnson and Paula Z. Johnson. On a number of occasions, Paula Z. Johnson requested these payments directly from Yentzer or his assistant.
PMY shut down abruptly in November 2019 after search warrants were executed because it was no longer able to retain medical providers to see patients. In January 2020, in a recorded prison call, Yentzer stated to John H. Johnson, that “if there’s anything left, I will make sure Paula gets, uh, a piece.” He added that “whatever’s left” after satisfying certain creditors he would “divvy up.” Yentzer made this statement despite the fact that Paula Z. Johnson had been formally terminated by PMY in November 2019.
The case was investigated by the U.S. Department of Health and Human Services Office of Inspector General, Federal Bureau of Investigation, Drug Enforcement Administration Diversion Control Division, and Pennsylvania Office of Attorney General. Assistant U.S. Attorney Ravi Romel Sharma is prosecuting the case.
The maximum penalty under federal law for conspiracy to defraud the United States is 5 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under federal law for conspiracy to commit health care fraud is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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Harvey Man Indicted for Being Felon in Possession of a FirearmRead the Press Release
NEW ORLEANS, LA – MIGUEL KEELEN, age 35, of Harvey, La., was indicted on March 8, 2024 for being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1), announced U.S. Attorney Duane A. Evans.
According to the indictment, KEELEN possessed a firearm on the night of December 11, 2023. While at a Valero Gas Station on South Claiborne Avenue in New Orleans, KEELEN displayed and drew a pistol from his waistband before concealing the pistol and fleeing from police. KEELEN was prohibited from possessing a firearm due to his previous felony convictions. If convicted, KEELEN faces up to fifteen (15) years imprisonment, a fine of up to $250,000.00, up to three (3) years of supervised release following any term of imprisonment, and a mandatory $100 special assessment fee.
United States Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
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.
This case was investigated by the Federal Bureau of Investigation and the New Orleans Police Department. This case is being prosecuted by Special Assistant United States Attorney Nicholas Rayburn of the Violent Crimes Unit.
Halifax Straw Purchaser Who Bought Dozens of Guns for Felons Sentenced to Five Years in Federal PrisonRead the Press Release
RALEIGH, N.C. – A Roanoke Rapids man was sentenced today to 60 months in prison for straw purchasing over 30 firearms for individuals who would otherwise not be able to purchase them lawfully. On July 6, 2023, Raquel Braswell pled guilty to engaging in the business of dealing firearms without a license and knowingly making a materially false statement to a federally licensed firearm dealer.
“We are partnering with local law enforcement to square off against violent felons and the straw buyers who arm them,” said U.S. Attorney Michael Easley. “This defendant served as a one-man pipeline for firepower, buying dozens of guns for felons and other prohibited persons, endangering our community, and making our police officers’ jobs more dangerous. We will keep using our local partnerships and the new Bipartisan Safer Communities Act to put gunrunners behind bars where they belong.”
"We are extremely fortunate in the Northeastern part of North Carolina to have such a diligent and focused U.S. Attorney's Office,” said Roanoke Rapids Police (RRP) Chief Shane Guyant. “We are fortunate to have such a strong partnership with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Law enforcement officers’ risk their lives daily whether it be stopping motor vehicles, answering calls for service, or serving their communities. The danger of facing a firearm increases with each public interaction. To think that individuals like this defendant would assist those convicted of violent felonies obtain so many firearms illegally is troublesome and terrifying. I fear for my officers each time they have interactions not knowing whether the person has bad intentions with a firearm. We offer a special thank you to the law enforcement officers and prosecuting attorneys who brought this case to a conclusion.”
“Straw purchasing has a tremendous impact on violent gun crime, often putting firearms in the hands of dangerous individuals and individuals prohibited from possessing a firearm,” said ATF Special Agent in Charge Bennie Mims. “Identifying straw purchasers and holding those responsible for arming prohibited individuals is critical to addressing gun crime in our communities.”
According to court documents and other information presented in court, Braswell, 25, purchased firearms for individuals who could not legally buy them between October 2, 2021, and May 30, 2022. When law enforcement caught one of his purchasers, a felon, with a gun, they discovered Braswell had bought the firearm for him just hours earlier. When agents from the ATF and RRP confronted Braswell, he initially claimed that someone had stolen his firearms. However, he later admitted to engaging in the offense. Braswell admitted being paid between $200 and $400 for each firearm he purchased and acknowledged that he knew the individuals he bought firearms for were not legally allowed to possess them.
Because his offense conduct concluded in May of 2022, Braswell was not subject to the new criminal provisions and enhanced penalties of the Bipartisan Safer Communities Act, which Congress enacted, and the President signed in June 2022. The Act is the first federal statute specifically designed to target the unlawful trafficking and straw-purchasing of firearms.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. RRP and the ATF investigated the case and Assistant U.S. Attorney Phil Aubart prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:23-CR-7-D-KS.
Four men sentenced for conspiracy to rob drug-traffickersRead the Press Release
MIAMI – On March 22, four defendants were sentenced to federal prison following their convictions for conspiracy to rob drug-traffickers of their narcotics, money, and other property.
Three of the defendants, Palacio Valdes Farley, aka BoBo, 43, Joassaint Josiah Aristil Jr., aka JoJo, 28, Jamar Brandon Nattiel, aka Debo and D-Boy, 47, were convicted by a jury in December 2023; the fourth defendant, Andrew Francois Martin, 31, pleaded guilty in November 2023.
U.S. District Judge Roy K. Altman sentenced Farley, the leader of the conspiracy, to 240 months (20 years) in prison which will run consecutively to a 169-month (14 years) federal prison sentence for conspiracies to commit drug-trafficking and money laundering offenses that he is currently serving.
Aristil was sentenced to 200 months (more than 16 years) in prison, to run consecutively to a 121-month (10 years) federal prison term for carjacking and brandishing a firearm during a crime of violence that he is currently serving.
The court sentenced Nattiel to 188 months (more than 15 years) in prison.
Martin was sentenced to 210 months (more than 17 years) in prison, to run consecutively to a 25-year Florida state prison sentence he is serving for an armed robbery that Martin and Farley committed in Daytona Beach, Florida, in April 2017.
From May 22, 2016, until Dec. 11, 2017, Farley conspired with his co-defendants to rob drug-traffickers in California. On May 24, 2016, Farley, Martin, and other unindicted co-conspirators, committed an armed home invasion robbery of two drug-traffickers, in Van Nuys, California, during which both victims were shot multiple times.
On Dec. 5, 2017, at Farley’s direction, Aristil, Nattiel, co-defendants Karen Williams and Lisa Flood, and other co-conspirators, committed an armed home invasion robbery of a drug-trafficker in Orange County, California. During the robbery, the drug-trafficker, and his wife, were restrained and held at gunpoint, while the robbers ransacked their house and stole narcotics, cash, and jewelry. Aristil, Nattiel, Williams, Flood, and another co-conspirator, then drove across the country to Miami Beach, Florida, where they delivered the stolen drugs to Farley, who was out on bond for state court charges and confined to his apartment on Collins Avenue.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Jeffrey B. Veltri of FBI, Miami Field Office, and Sheriff Gregory Tony of the Broward Sheriff’s Office (BSO) announced the sentences.
FBI, Miami Field Office and BSO investigated this case with assistance from the Lauderhill Police Department, Los Angeles Police Department (LAPD) and the Daytona Beach Police Department. Assistant U.S. Attorneys Dwayne E. Williams and Elena Smukler prosecuted the case.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
This prosecution is a part of the Justice’s Department’s Project Safe Neighborhoods (PSN) and Organized Crime Drug Enforcement Task Forces (OCDETF) programs.
PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through the PSN program a broad spectrum of law enforcement and community stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs to reduce violence crime and gun violence, and to make our local neighborhoods safer for everyone.
OCDETF identifies, disrupts, and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state, and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 22-cr-20556.
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Former Pelco President Sentenced and Ordered to Pay More Than $3.6 Million in RestitutionRead the Press Release
TULSA, Okla. – Today, U.S. District Judge Terence C. Kern sentenced Phillip Barry Albert, 64, of Tulsa, to 30 months imprisonment, followed by 1 year of supervised release, for Tax Evasion. Judge Kern further ordered Albert to pay more than $3.6 million in restitution.
According to court documents, from 2004 through 2021, Phillip Barry Albert was the President of Pelco Structural (Pelco) in Claremore, Oklahoma. In 2014, Albert directed the company controller, Don Eagleton, to have the company’s payroll service provider issue “reimbursements” to Albert from Pelco, for undocumented expenses. He then had the “reimbursements” coded in the company’s financial documents in such a way that they would not appear as taxable income. He then willfully failed to pay taxes on the “reimbursement” payments. Prosecutors pointed out that Albert was previously employed as a tax preparer. Given Albert’s intelligence and the overall sophistication of the scheme, he knew the requests for “reimbursements” did not relate to any legitimate business expense.
From 2014 through 2019, Albert’s unreported income was $2,615,750. This left Albert owing more than $1 million in taxes. Because of Albert’s theft and related acts of embezzlement during his time at the company, Pelco calculates their actual total loss was more than $10 million, without taking into account the loss of business opportunities.
In a separate federal case, Don Eagleton pleaded guilty to knowingly concealing Albert’s fraudulent activity from authorities. He was sentenced to three years of supervised release and ordered to pay $1,543,000 in restitution.
Albert was permitted to remain on bond and ordered to voluntarily surrender on a specific date, to the U.S. Bureau of Prisons.
The IRS Criminal Investigation and FBI investigated the case. Assistant U.S. Attorney Thomas Duncombe and Trial Attorney Meredith M. Havekost of the Justice Department’s Tax Division prosecuted the case.
Former Loveland Police Department Officer Indicted for Sexual Assault of MinorRead the Press Release
DENVER--A former police officer with the Loveland, Colorado, Police Department was charged in an indictment unsealed on Friday for sexually assaulting a minor while he was on duty.
According to the indictment, on or about Aug. 4, 2023, Dylan Miller, 28, while on duty as a Loveland Police Department officer, sexually assaulted a minor. If convicted, Miller faces a maximum penalty of life in prison.
Assistant Attorney General Kristen Clarke of the Department of Justice’s Civil Rights Division, U.S. Attorney Cole Finegan for the District of Colorado, and Special Agent in Charge Mark Michalek of the FBI Denver Field Office made the announcement.
The FBI Denver Field Office, Loveland Resident Agency, and Larimer County Sheriff’s Office investigated the case, with cooperation from the Loveland Police Department.
Senior Sex Crimes Counsel Maura White of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Alison Connaughty for the District of Colorado are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent unless and until proven guilty in a court of law.
Former Computer Privacy Consultant Convicted of CyberstalkingRead the Press Release
A federal jury convicted a former privacy consultant last week for a cyberstalking campaign in which he sent electronic messages and made social media posts threatening sexual assault and other violence against multiple victims.
According to court documents and evidence presented at trial, Sumit Garg, 34, of Seattle, engaged in an extensive campaign of threats and sexually explicit messaging and posts about a woman who used to share an apartment with Garg’s spouse. Using personal information Garg accessed after he moved into the apartment with his spouse, Garg threatened and tormented the former roommate in violation of a court order. Garg also used his computer skills to threaten multiple people in the former roommate’s life, including her uncle, who represented her in obtaining a civil protection order; her current boyfriend; the Seattle police detective who investigated the threats; and the deputy prosecuting attorney in King County, Washington, who filed charges against Garg for his illegal stalking conduct. Garg used his computer skills to try to conceal who was sending the threats or making the posts.
The jury convicted Garg of one count of conspiracy to engage in cyberstalking, three counts of cyberstalking in violation of a criminal order, and three counts of cyberstalking. He is scheduled to be sentenced on June 25 and faces a mandatory minimum of one year in prison and a maximum penalty of 35 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Tessa M. Gorman for the Western District of Washington; and Special Agent in Charge Glen Peterson of the U.S. Secret Service Seattle Field Office made the announcement.
The U.S. Secret Service investigated the case, with assistance from the Seattle Police Department.
Senior Counsel Anthony Teelucksingh of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Andrew Friedman for the Western District of Washington are prosecuting the case.
Former Colorado Police Department Officer Indicted for Sexual Assault of MinorRead the Press Release
A former police officer with the Loveland, Colorado, Police Department was charged in an indictment unsealed on Friday for sexually assaulting a minor while he was on duty.
According to the indictment, on or about Aug. 4, 2023, Dylan Miller, 28, while on duty as a Loveland Police Department officer, sexually assaulted a minor. If convicted, Miller faces a maximum penalty of life in prison.
Assistant Attorney General Kristen Clarke of the Department of Justice’s Civil Rights Division, U.S. Attorney Cole Finegan for the District of Colorado and Special Agent in Charge Mark Michalek of the FBI Denver Field Office made the announcement.
The FBI Denver Field Office, Loveland Resident Agency and Larimer County, Colorado, Sheriff’s Office investigated the case, with cooperation from the Loveland Police Department.
Senior Sex Crimes Counsel Maura White of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Alison Connaughty for the District of Colorado are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent unless and until proven guilty in a court of law.
Florida man and Brazilian national indicted for decade-long scheme to defraud the IRSRead the Press Release
MIAMI – On March 21, a federal grand jury in Miami returned an indictment charging Dan Rotta, of Aventura, Florida, and Sergio Cernea, of Sao Paolo, Brazil, with conspiring to defraud the United States by concealing income and assets in Swiss bank accounts. The indictment also charged Rotta with tax evasion, filing a false tax return, making a false statement and failing to file Reports of Foreign Bank and Financial Accounts. Rotta was arrested on a related criminal complaint on March 8, 2024.
According to the indictment, between 1985 and 2020, Rotta hid more than $20 million in assets in at least two dozen secret Swiss accounts at five different Swiss banks, including UBS, Credit Suisse, Bank Bonhôte and Bank Julius Baer. The accounts were allegedly held in his own name, in the names of sham structures and, in one instance, a pseudonym. Over the years, Rotta allegedly earned substantial income from these assets that he did not report on his tax returns.
From 2001 through 2017, Rotta allegedly falsely represented to the banks that he was a Brazilian citizen residing in Brazil, even though he had been a naturalized citizen and resident of the U.S. since the 1970s. During those years, Rotta and a company he controlled allegedly received millions of dollars in transfers from his secret Swiss accounts.
Starting in 2008, after it was reported publicly that UBS and its bankers were under criminal investigation for helping U.S. taxpayers evade their taxes, Rotta allegedly took steps to continue concealing his offshore assets, including by closing his UBS account and moving the funds to Credit Suisse and Bank Bonhôte.
According to the indictment, in 2011, after the IRS obtained records related to one of Rotta’s Swiss accounts, Rotta nominally changed the documentation of his accounts at Credit Suisse and Bank Bonhôte to make it appear that Sergio Cernea, a Brazilian national, owned the assets in the accounts. Despite the change, Rotta allegedly continued to control the assets and transferred millions of dollars out of those accounts for his use.
Shortly after Rotta changed the account documentation, the IRS allegedly began auditing Rotta. During the audit, Rotta allegedly falsely denied that he owned the assets in the foreign financial accounts and, instead, claimed that the millions of dollars he withdrew from the accounts were non-taxable loans from Cernea and others. Rotta allegedly provided the IRS with fake promissory notes and false affidavits from Cernea and others to corroborate his claims.
The IRS allegedly did not believe Rotta and assessed millions of dollars of additional taxes as well as penalties and interest against him. According to the indictment, Rotta sought to reverse the assessments by causing the filing of a U.S. Tax Court petition that sought a redetermination of the IRS’s assessments. In that petition, Rotta, through his attorney, allegedly falsely denied having any foreign accounts and attached the fictitious loan documents. Furthermore, Cernea and another co-conspirator allegedly traveled to the United States to retell the false loan story to IRS attorneys. In 2017, after Rotta allegedly presented evidence that the purported loans had been repaid, the IRS reversed the deficiencies and agreed that Rotta owed no additional tax. Unbeknownst to the IRS, however, the funds that Rotta purportedly repaid to Cernea and others allegedly went into accounts that Rotta controlled.
According to the indictment, as part of the conspiracy, in 2016, Rotta had attorneys create trusts in the United States that Cernea funded with the assets transferred from the Swiss accounts and held for the benefit of Rotta. In fact, the funds in the trusts allegedly belonged to Rotta, and Rotta controlled the trusts.
In 2019, Rotta allegedly became aware that the IRS would receive additional account records from Switzerland that contradicted the false claims that he had previously made. To avoid criminal liability, Rotta allegedly applied to participate in the IRS’s voluntary disclosure practice. Under that practice, taxpayers who willfully do not comply with their tax and reporting obligations can make timely, accurate and complete disclosures of their conduct, which may be a way to resolve their non-compliance and limit their criminal exposure. According to the indictment, Rotta made a number of false statements in his submission, including falsely claiming the assets in the Swiss accounts mostly belonged to Cernea and that Cernea was providing Rotta with millions of dollars because Cernea had no children when, in fact, Cernea had two.
If convicted, Rotta and Cernea face a maximum penalty of five years in prison for each count of conspiracy to defraud the United States, tax evasion, failure to file a report of bank and financial accounts and making a false statement. They face a maximum penalty of three years in prison for each count of filing false tax returns and one year in prison for each count of failing to file tax returns. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
The International Tax and Financial Crimes group of IRS Criminal Investigation is investigating the case.
Assistant U.S. Attorney Michael Homer for the Southern District of Florida, Senior Litigation Counsels Sean Beaty and Mark Daly, and Trial Attorneys Patrick Elwell and William Montague of the Justice Department’s Tax Division are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
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Five Arrested in South Texas for Allegedly Trafficking Military Grade Firearms to Mexican Drug CartelRead the Press Release
SAN ANTONIO – Five individuals were arrested in Laredo, Hebbronville and Falls City Wednesday for allegedly trafficking military grade firearms to a drug cartel in Mexico.
According to court documents, Gerardo Rafael Perez Jr. aka “Jerry,” 23, of Laredo, allegedly coordinated the acquisition of more than 100 firearms throughout Texas to be smuggled across the international border and delivered to a drug trafficking cartel in Nuevo Laredo, Tamaulipas, Mexico. Perez’s organization allegedly used straw purchasers, including co-defendants Francisco Alejandro Benavides aka “Frankie,” 23, and Mark Anthony Trevino Jr., 24, to procure the firearms from a variety of sources in the Western, Southern, and Northern Districts of Texas. Court documents allege that the organization would acquire guns from unlicensed dealers of firearms, or from federal firearm licensees, where straw purchasers would make false representations to secure the firearms.
Luis Matias Leal aka “Wicho” aka “Poncho” aka “El Tio,” 30, is alleged to have provided cash and instructions to facilitate the conspiracy, while Antonio Osiel Casarez, 26, would smuggle the firearms into Mexico and return to the United States with bulk cash.
The high-powered firearms allegedly acquired by Perez’s organization included FNH SCAR rifles, Barrett .50 caliber rifles, FNH M294S rifles, and M1919 rifles.
Perez, Casarez, Leal, Benavides, and Trevino were all named in a superseding indictment filed March 6. They were arrested March 20.
The five new defendants are all charged with one count of conspiracy to traffic firearms, which carries a penalty of up to 15 years in prison, and one count of conspiracy to straw purchase firearms with a maximum penalty of 25 years imprisonment.
Perez, Casarez, Leal, and Benavides are further charged with one count of conspiracy to smuggle goods from the United States for up to five years in prison, and one count of conspiracy to possess firearms in furtherance of a drug trafficking crime for up to 20 years imprisonment. Perez faces two additional firearms trafficking charges. Leal, Benavides, and Trevino are also charged with falsifying information when buying a firearm, which carries a maximum penalty of 10 years imprisonment; and an additional count of straw purchasing. All of the charges also carry a fine up to $250,000.
Co-defendants Jose Emigdio Q. Mendoza, Gerardo Antonio Ibarra Jr. and Gerardo Corona, Jr. were initially named in an earlier indictment. Mendoza was allegedly engaged in the business of dealing firearms without a license, selling military-grade weapons to members of the Perez conspiracy. Ibarra and Corona were allegedly straw purchasers for the organization.
Several of the defendants are alleged to have contacted Mendoza to purchase the firearms, including SCAR rifles, Barrett .50 caliber rifles, and M249 rifles. Mendoza is alleged to have sold at least 22 such firearms to his co-conspirators from December 2022 to March 2023 and received approximately $169,900.00, at a markup from the retail price of the guns so he could derive a profit for himself.
Mendoza was arrested in San Antonio on March 11, 2023. Ibarra and Corona were arrested in September and October 2023.
A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Homeland Security Investigations are investigating the case.
Assistant U.S. Attorney William Calve is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Dunklin County Man Sentenced to 8 Years in Prison on Methamphetamine, Gun ChargesRead the Press Release
CAPE GIRARDEAU – U.S. District Judge Audrey G. Fleissig on Monday sentenced a man who was selling methamphetamine from his Dunklin County home to eight years in prison.
Anthony D. Emery, 48, of Kennett, pleaded guilty in December to one count of possession with intent to distribute methamphetamine and one count of possession of firearm in furtherance of a drug trafficking crime. He admitted possessing methamphetamine that he intended to sell to others and a loaded firearm to protect the meth. Officers with the Kennett Police Department conducted a court-approved search of Emery’s home on May 3, 2022, after establishing probable cause that he was selling meth there. Officers found five bags of meth with a combined weight of nearly one kilogram, $4,398 in cash, digital scales for weighing drugs for sale and a loaded Smith & Wesson .38 Special Revolver.
The Kennett Police Department investigated the case. Assistant U.S. Attorney Julie Hunter prosecuted the case.
Connecticut Man Charged as Part of Drug Conspiracy in Northeast KingdomRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that Marvin Byrd, 29, of Hartford, Connecticut, has been indicted by a federal grand jury for conspiring with others to distribute controlled substances, including fentanyl, between March and August of 2023. Byrd was arraigned on March 11, 2024 and is detained pending further proceedings.
According to a criminal complaint filed in this case in August 2022, Byrd—who used the name “TJ” while in Vermont—conspired with Britny Parris and others to distribute fentanyl in and around Orleans County. During a period of the charged conspiracy, Parris was “hosting” Byrd at her residence in Barton, Vermont, and they used the property to store, prepare, and distribute controlled substances. Byrd coordinated multiple drug transactions with customers, and he often used others such as Parris to conduct the final distribution. In November 2023, Parris pleaded to a criminal information charging her with maintaining a drug-involved premises, and she is awaiting sentencing.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Byrd is presumed innocent until and unless he is convicted of a crime. Byrd faces up to 20 years in prison and a fine of up to $1,000,000. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.
This case is part of an ongoing collaboration of federal, state, county and local law enforcement agencies focusing on drug and gun-trafficking cases in the Northeast Kingdom. United States Attorney Nikolas P. Kerest commended the combined investigatory efforts of the Northeast Vermont Drug Task Force; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Homeland Security Investigations; the Federal Bureau of Investigation; the Orleans County Sheriff’s Department; and the Newport Police Department.
Assistant U.S. Attorney Matthew Lasher represents the United States in the prosecution. Assistant Federal Public Defender Sara Puls and A.J. Ruben, Esq. represents Byrd.
Clovis Man Sentenced to over 11 Years in Prison for Attempted Online Coercion of a ChildRead the Press Release
FRESNO, Calif. — Paul Joseph Espinosa, 56, of Clovis, was sentenced today to 11 years and three months in prison, to be followed by 10 years of supervised release, for attempted online coercion of a child, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in May 2021, Espinosa noticed an Instagram profile that was controlled by an undercover agent. Espinosa initiated communications, and the undercover agent told Espinosa that she was 15 years old. Nonetheless, Espinosa continued to send her direct messages and call her using Instagram audio. Espinosa asked the purported 15-year-old for explicit pictures and asked multiple times to meet up with her to “cuddle,” to “enjoy each other’s company at least for a night,” among other things. Espinosa asked the purported 15-year-old to send him a picture for his eyes only and sent her three sexually explicit photos of females as part of that conversation.
According to court documents, on June 26, 2021, Espinosa traveled from Clovis to Fresno to meet up with the intended victim because he wanted to engage in various forms of sexual activity with her. When Espinosa arrived, he was placed under arrest. On Sept. 25, 2023, Espinosa pleaded guilty.
This case was the product of an investigation by Homeland Security Investigations with assistance from the Fresno Police Department and the Fresno County District Attorney’s Office. Assistant U.S. Attorneys Brittany M. Gunter and Christina McCall prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.
Cincinnati healthcare staffing company agrees to pay $9.25 million to resolve visa fraud investigationsRead the Press Release
CINCINNATI – A Cincinnati-based healthcare staffing company has agreed to pay $9.25 million and to pledge an additional $8 million for related healthcare projects to resolve civil and criminal investigations into the company’s visa sponsorship program.
Health Carousel, LLC, is a privately held healthcare staffing company that offers workforce placements for healthcare professionals. Health Carousel recruits healthcare professionals including nurses and physical therapists who are foreign nationals to come to the United States to work through Passport USA, and the staffing company sponsors the individuals’ visa applications.
The global resolution resolves criminal fraud and civil False Claims Act allegations that Health Carousel submitted false visa immigrant applications and caused false statements to be made to government officials while recruiting nurses, physical therapists and other healthcare professionals to the United States. The allegations included that Health Carousel provided fraudulent job placement letters so that visas would be approved more quickly, even though individuals had not yet been placed with a specific health care facility.
As part of reaching a global resolution, the company has performed extensive remedial measures to address compliance gaps and pledged an additional $8 million to address harm caused by its prior practices.
This pledged commitment will be distributed to various non-governmental and non-profit organizations including:
- $3 million to promote the sustainability, development and ethical recruitment of healthcare professionals;
- $3 million to strengthen healthcare access and infrastructure in developing countries where Health Carousel recruits healthcare professionals;
- $750,000 to promote healthcare access in the United States for rural and underserved communities;
- $750,000 to support immigrant communities in the United States; and
- $500,000 to support public health projects in Central and Southern Ohio.
“The U.S. Attorney’s Office will ensure that companies that attempt to skirt immigration laws will be appropriately addressed,” said U.S. Attorney Kenneth L. Parker. “Through these agreements, we ensure the financial accountability that Health Carousel faces will resolve both civil and criminal allegations and will improve healthcare access in underserved communities here in Ohio and across the United States, as well as in developing countries where Health Carousel operates.”
“It is essential for companies to follow the rules when it comes to recruiting workers to the United States,” said Homeland Security Investigations (HSI) Detroit acting Special Agent in Charge Shawn Gibson. ”Given the inherent risks associated with working in the medical field, we need to ensure that there are no shortcuts, and everyone is held accountable under the law.”
This matter was investigated by agents from Homeland Security Investigations and the U.S. Department of Labor Office of Inspector General, as well as the United States Citizenship and Immigration Services and the Department of State, National Visa Center, Fraud Prevention Unit. Assistant United States Attorneys Matthew Horwitz and Ebunoluwa Taiwo are representing the United States in these matters.
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Chinese Woman Sentenced to 102 Months in Federal Prison for Setting Fire to a Montgomery Church and Illegally Possessing a FirearmRead the Press Release
Montgomery, Alabama – Today, Acting United States Attorney Jonathan S. Ross announced the sentencing of a Chinese national for arson and illegal firearm possession. On March 22, 2024, a federal judge sentenced 30-year-old Xiaoqin Yan to 102 months in prison. Federal inmates are not eligible for parole.
According to court records and evidence presented at Yan’s June 2023 trial, on September 30, 2021, Yan entered a church in downtown Montgomery and ignited multiple fires inside the building. The Montgomery Fire Department was able to extinguish the blaze, but only after the church sustained significant damage. Evidence presented during the trial showed that Yan had multiple encounters with church staff prior to September 30 and had exhibited odd behavior.
When arresting Yan on October 4, 2021, agents found items identical to those seen on church surveillance videos, as well as clothing matching the type worn by Yan when setting the fires. Officers also found a handgun. At the time of the arson and her arrest, Yan had overstayed her non-immigrant visa and, therefore, could not lawfully possess a firearm.
The Montgomery Fire/Rescue Bureau of Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Marshals Service Gulf Coast Regional Fugitive Task Force, the U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement investigated this case, with assistance from the Montgomery Police Department. Assistant U.S. Attorneys B. Chelsea Phillips and Brandon W. Bates prosecuted the case.
Chemical Importer to Pay $300,000 in Civil Penalties for Alleged Violations of the Controlled Substances ActRead the Press Release
WACO, Texas – Shrieve Chemical Company, LLC, a Drug Enforcement Administration-registered importer and distributor of listed chemicals, has agreed to pay $300,000 in civil penalties to resolve allegations that it violated provisions of the Controlled Substances Act, 21 U.S.C. §§ 801 et seq.
In December 2022, DEA diversion investigators conducted an on-site inspection of a Shrieve Chemical facility in Marlin, Texas. Following the inspection, investigators alleged that Shrieve Chemical violated certain regulatory recordkeeping requirements relating to the importation and distribution of listed chemicals; manufactured gamma-butyrolactone (GBL), a List I chemical, by repackaging and relabeling, without registering as a manufacturer; and made a drop shipment of GBL to a customer without first importing the chemical to Shrieve Chemical’s registered location.
Listed chemicals are chemicals designated by the DEA that, in addition to legitimate uses, can be used in the illicit manufacture of controlled substances. List I chemicals are mostly precursor chemicals that serve as key ingredients used to produce controlled substances. List II chemicals are mostly reagents or solvents.
“Companies must be vigilant in following rules meant to ensure that precursor chemicals do not fall into the wrong hands,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “My office will continue to investigate and pursue alleged violations involving listed chemicals, even absent evidence of diversion or misuse, to protect the community.”
“The accountability of these chemicals is instrumental in ensuring the safety of our citizens,” said Special Agent in Charge Daniel C. Comeaux for the DEA Houston Division. “Too often these chemicals are used for the purpose of manufacturing harmful illegal drugs that end up in our communities and neighborhoods.”
DEA’s San Antonio District Office Diversion Control Unit led the investigation of this matter. Assistant U.S. Attorneys Thomas Parnham and Erin Van De Walle negotiated the settlement on behalf of the government.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Burlington Man Charged with Distributing Controlled Substances to a MinorRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that on March 14, 2024, a federal grand jury returned an indictment charging Jack Gower, 36, of Burlington, Vermont, with distributing controlled substances to a person under 21 years of age.
Gower entered a plea of not guilty to the charges during an arraignment on March 21, 2024, before United States Magistrate Judge Kevin J. Doyle. Judge Doyle ordered that Gower be released on conditions during the pretrial phase of the case.
According to court records, Gower met a juvenile, on Reddit in the spring of 2023 and began selling controlled substances, including Xanax and Dilaudid, to the juvenile. In May 2023, the juvenile suffered a non-fatal overdose from controlled substances believed to have been acquired from Gower.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Gower is presumed innocent until and unless proven guilty. Gower faces a mandatory minimum of 1 year in prison and up to 40 years in prison if convicted. The actual sentence, however, would be determined by the Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Drug Enforcement Administration and the Milton Police Department.
The prosecutor is Assistant United States Attorney Corinne Smith. Gower is represented by the Office of the Federal Public Defender.
Billings man accused of armed patrols on sidewalk in an elementary school zone admits firearms crimeRead the Press Release
BILLINGS — A Billings man accused of conducting armed patrols on the sidewalk in front of his residence, which is across the street from a public elementary school, admitted to a firearms crime today, U.S. Attorney Jesse Laslovich said.
The defendant, Gabriel Cowan Metcalf, 49, pleaded guilty to unlawful possession of a firearm in a school zone, as charged in an indictment. Metcalf faces a maximum of five years in prison, a $100,000 fine and three years of supervised release.
U.S. District Judge Susan P. Watters presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Aug. 2. Metcalf’s release on conditions was continued pending further proceedings.
The government alleged in court documents that from Aug. 2, 2023 to Aug. 17, 2023, Metcalf possessed a 20-gauge shotgun within 1,000 feet of Broadwater Elementary School, which is located along Broadwater Avenue, from Fourth Street West to Fifth Street West. Metcalf lives on Broadwater Avenue, directly across from the public school. On Aug. 2, 2023, the Billings Police Department received a call regarding Metcalf pacing around with a firearm in front of his residence. A police detective saw Metcalf walk onto the property of a business that is located next door to Metcalf’s residence. The same day, a woman stepped outside of a nearby residence and saw Metcalf walking up the driveway and coming toward her with firearm slung over his shoulder.
In addition, multiple Billings residents saw Metcalf walking on the 400 block of Broadwater Avenue with a firearm. On Aug. 11, a resident saw Metcalf standing on the sidewalk and carrying a firearm while staring into traffic and looking directly at Broadwater School. On Aug. 13, another resident saw Metcalf walking westbound on the sidewalk while carrying a firearm, and that same day, another resident saw Metcalf sanding on the edge of the sidewalk in front of his residence with a firearm slung over his shoulder.
On Aug. 17, law enforcement officers spoke to Metcalf, who admitted to following cars while carrying a firearm, walking to the nearby business and escorting his mother down the street to her shop while carrying a firearm. Metcalf further told officers he patrolled daily and usually went around the block once or twice a week, but that lately he had done it several times a day. Law enforcement served a search warrant at Metcalf’s residence and seized a 20-gauge shotgun and six rounds of ammunition. The shotgun was the firearm Metcalf described as using to patrol. The sidewalks and streets in front of Metcalf’s residence are public property within 1,000 feet from the school and are a “school zone” as defined in federal law.
Assistant U.S. Attorneys Thomas A. Godfrey and Zeno B. Baucus are prosecuting the case. The Billings Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Albuquerque Man Sentenced for Tax EvasionRead the Press Release
ALBUQUERQUE – A federal judge sentenced an Albuquerque man to two years in federal prison for tax evasion. Arturo Archuleta, 50, of Albuquerque, paid approximately $140,000 in in outstanding tax obligations to the IRS prior to his sentencing hearing on March 22, 2024.
At the hearing, Archuleta was also ordered to pay approximately $90,000 in restitution to Medicaid for expenses covered by Medicaid during the period in which he was evading income tax. The judge also imposed a fine of $75,000 to offset the cost to the government of incarcerating and supervising Archuleta as a result of his criminal conviction.
Finally, the judge ordered Archuleta to perform 100 hours of community service after he is released from prison and to enroll in the New Mexico Gaming Control Board’s “self-exclusion” program, which will prohibit Archuleta from entering any gambling establishment in the state.
There is no parole in the federal system.
According to court records, between 2014 and 2018, Archuleta worked as the office manager for ABQ Injury Clinic, a chiropractic medicine practice in Albuquerque. During that time, Archuleta failed to report more than $200,000.00 in income to the IRS. In addition to his legitimate income, Archuleta diverted over $500,000.00 in payments made to ABQ Injury Clinic to a nominee bank account he controlled and did not report the additional income to the IRS.
On May 16, 2023, Archuleta pled guilty to tax evasion.
U.S. Attorney Alexander M.M. Uballez and Carissa Messick, Acting Special Agent in Charge of IRS Criminal Investigation Phoenix Field Office, made the announcement today.
IRS Criminal Investigation investigated this case with assistance from the FBI Albuquerque Field Office. Assistant United States Attorney Taylor F. Hartstein prosecuted the case.
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21-Year-Old Sentenced to 50 Years in Prison for Second-Degree MurderRead the Press Release
Today, U.S. District Judge J. Phillip Calabrese sentenced Josiah Gammill, 21, to 604 months imprisonment, followed by 5 years of supervised release for Murder in the Second Degree.
According to court documents, in March 2021, Gammill was driving with Hunter Majors. They pulled off the side of a back road to use the restroom. Gammill retrieved a shotgun from the trunk of the car, shot Hunter twice, and left him to die. Gammill drove to a park and attempted to dispose of the shotgun and burn his clothes. Officers found Gammill hiding out at a hotel. After a search of Gammill’s phone, officers found a message bragging that he “wiped Hunter off the face of the earth.”
Gamill is a citizen of the Quapaw Nation and the victim was a citizen of the Choctaw Nation. Gamill will remain in custody pending transfer to the U.S. Bureau of Prisons.
The FBI, Oklahoma State Bureau of Investigation, Craig County Sheriff’s Office, and Tulsa Police Department investigated the case. Assistant U.S. Attorneys Ryan Roberts and Niko Boulieris prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about PSN, please visit Justice.gov/PSN.
23 March 2024
Justice Department Launches the National Extreme Risk Protection Order Resource CenterRead the Press Release
The Justice Department launched the National Extreme Risk Protection Order (ERPO) Resource Center (the Center) which will provide training and technical assistance to law enforcement officials, prosecutors, attorneys, judges, clinicians, victim service and social service providers, community organizations, and behavioral health professionals responsible for implementing laws designed to keep guns out of the hands of people who pose a threat to themselves or others.
“The launch of the National Extreme Risk Protection Order Resource Center will provide our partners across the country with valuable resources to keep firearms out of the hands of individuals who pose a threat to themselves or others,” said Attorney General Merrick B. Garland. “The establishment of the Center is the latest example of the Justice Department’s work to use every tool provided by the landmark Bipartisan Safer Communities Act to protect communities from gun violence.”
ERPO laws, which are modeled off domestic violence protection orders, create a civil process allowing law enforcement, family members (in most states), and medical professionals or other groups (in some states) to petition a court to temporarily prohibit someone at risk of harming themselves or others from purchasing and possessing firearms for the duration of the order.
In 2023, the Justice Department’s Office of Justice Programs (OJP) awarded $238 million to states, territories, and the District of Columbia under the Byrne State Crisis Intervention Program (SCIP), which was created by the Bipartisan Safer Communities Act and is designed to help jurisdictions implement crisis intervention strategies, including ERPO programs. In addition, OJP awarded $4 million to support training and technical assistance under Byrne SCIP, including $2 million that was awarded to the Johns Hopkins Center for Gun Violence Solutions to establish the ERPO Resource Center. In collaboration with OJP’s Bureau of Justice Assistance (BJA), the Center will support states, local governments, law enforcement, prosecutors, attorneys, judges, clinicians, victim service providers, and behavioral health and other social service providers in their efforts to implement ERPO programs to fit local needs, share resources and promising practices with the field, and help ensure that funding received through Byrne SCIP is effectively utilized.
“Supporting our law enforcement and community partners in curbing the scourge of gun violence is more critical than ever,” said Acting Associate Attorney General Benjamin C. Mizer. “In addition to other resources leveraged across the Justice Department, this Center will provide communities with new tools and technical assistance to help them implement effective crisis intervention strategies and reduce gun violence.”
“OJP’s investment in ERPO programs demonstrates the Department’s commitment to addressing the gun violence crisis in the United States,” said OJP Assistant Attorney General Amy L. Solomon. “This crisis cannot be solved at one level of government. We must use all of our resources and collaborate at the federal, state, and local levels to find innovative, evidence-based, and holistic solutions to help keep American communities safe.”
Through the Center and its newly launched website, states, local governments, law enforcement, prosecutors, attorneys, judges, clinicians, victim service providers, and behavioral health and other social service providers will have direct access to critical information that will enhance their ability to reduce firearm homicides and suicides. The website will be maintained and updated to include newly developed resources for the field created through the Center, in partnership with BJA. The website also provides a platform for the Center to highlight emerging and promising practices in successful ERPO implementation and connect states and localities to innovative strategies to reduce gun violence and save lives.
As of this month, 21 states and the District of Columbia have enacted ERPO laws. Successful and effective ERPO implementation requires a comprehensive and holistic approach that incorporates a wide range of stakeholders. The Center is designed to provide resources consistent with that need.
District Man Sentenced for First-Degree Murder While Armed in Shooting Death of 17-Year-OldRead the Press Release
WASHINGTON – Mussay Rezene, 31, of Washington, D.C., was sentenced to 45 years in prison, yesterday, by the Honorable Robert D. Okun, for first-degree murder while armed in the shooting death of 17-year-old Brayan Villatoro, announced U.S. Attorney Matthew M. Graves. The murder took place in an alley in Northwest Washington.
Rezene was found guilty in January, following a jury trial. According to the government’s evidence, at approximately 9 p.m. on September 18, 2021, Brayan Villatoro was riding in a vehicle with a group of friends heading to a family party. On the way, the victim asked the driver to make a stop so he could meet with someone at the 1300 block of Nicholson Street Northwest. Once they arrived at the location, the victim got out of the vehicle and waited in front of an apartment building. The defendant arrived a short time later in a vehicle that, later, proved to be stolen. Rezene led the victim into a nearby alley. Moments later, shots rang out and the 17-year old victim was hit with eight bullets. Rezene fled the area as did the victim’s friends. Officers arrived at the scene a short time after the shooting and discovered that Brayan Villatoro had succumbed to his injuries.
Rezene was identified in surveillance video as wearing distinct shoes and clothing. These same shoes were later seen in a photograph of Rezene along with two other individuals, which was posted on social media after Mr. Villatoro’s murder. Cell-site data also showed Rezene was present both at the scene of the murder and along the path of the stolen vehicle.
This case was investigated by the Metropolitan Police Department, the U.S. Attorney’s Office for the District of Columbia, along with members of the Bureau of Alcohol, Tobacco, Firearms, and Explosives who assisted with evidence recovery and cell site data analysis and testimony. U.S. Attorney Graves also thanked others who worked the case, including: Paralegal Specialist Mabry Johnson, Lead Paralegal Specialist Sharon Newman, Victim Witness Advocate Karina Hernandez, Supervisory IT Specialist Leif Hickling, Supervisory Victim/Witness Services Coordinator Katina Adams-Washington, Victim/Witness Services Coordinator Maenylie Watson, and Intelligence Analyst Zachary McMenamin. Finally, he commended the work of Assistant U.S. Attorneys Dennis Clark and Colleen Kukowski, who prosecuted the case.
22 March 2024
Wister Resident Sentenced to Four Years in Prison for Drunk Driving Accident That Seriously Injured TwoRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kevin Dale Luman, age 38, of Wister, Oklahoma, was sentenced to 48 months in prison for one count of Causing Accident Resulting in Great Bodily Injury while under the influence of Alcohol and Intoxicating Substances in Indian Country.
The charges arose from investigations by the Oklahoma Highway Patrol and the LeFlore County Sheriff’s Office.
On April 11, 2023, Luman pleaded guilty to the charge. According to investigators, on June 23, 2019, Luman was driving with a blood alcohol content of 0.189% when he crossed the center line of U.S. Highway 271 in Wister, Oklahoma, and collided into an oncoming Jeep. Both the driver and the passenger of the Jeep sustained significant injuries in the crash. The crime occurred in LeFlore County, within the boundaries of the Choctaw Nation Reservation, in the Eastern District of Oklahoma.
The Honorable Ronald A. White, Chief Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing in Muskogee. Luman was remanded into the custody of the U.S. Marshal pending transportation to a designated facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Patrick M. Flanigan represented the United States.
Utah Auto Shop Owner Accused of Drug and Gun Crimes IndictedRead the Press Release
SALT LAKE CITY, Utah – A Murray, Utah, auto shop owner, accused of drug and gun crimes, was released from custody today by a United States Magistrate Judge after he was arrested earlier this month and indicted by a federal grand jury.
According to court documents, on March 6, 2024, search warrants were executed on the home, vehicle, and business, 5 Speed Auto, of Muayad Kareem, 47, of Sandy, Utah.
In Kareem’s Mercedes, law enforcement agents recovered an HP laptop bag in the backseat. Inside the bag, agents recovered a loaded Smith & Wesson .38 Special firearm and three bags containing a white powdery substance that field tested positive for synthetic cathinones, α-PVP, known as “bath salts,” worth $11,200. Agents also seized a cell phone inside Kareem’s vehicle. At Kareem’s home, agents seized a flip style cell phone and a fake saltshaker full of small plastic baggies that are used for distribution. During his arrest, agents also recovered a prescription bottle with 366 30 mg Oxycontin pills, another cellphone and $1,600.
Pursuant to the search of the 5 Speed Auto repair shop in Murray, agents seized approximately 948 blue tablets with “A-51” and “M-30 stamped on them. Agents identified the pills as Oxycodone. From a mini fridge, agents seized approximately 1,067 white oval shaped tablets stamped with “M367” and “M366,” which were identified as hydrocodone and 643 white oval shaped tablets stamped with “G037,” which were identified as Lortabs. From a safe, agents seized $40,000 in cash.
Kareem is charged with possession of a Pyrrolidinohexanophenone (α-PVP) with intent to distribute and using and carrying a firearm during and in relation to a drug trafficking crime. He was indicted on March 13, 2024 and his initial court appearance was March 22, 2024. A two-day jury trial date is scheduled for May 28, 2024, in courtroom 8.3 before a U.S. District Court Judge at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The Drug Enforcement Administration (DEA) is investigating the case.
Special Assistant United States Attorney Kelsy Young of the U.S. Attorney’s Office for the District of Utah is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney's Office Collected More Than $22 Million in Fiscal Year 2023Read the Press Release
NASHVILLE – United States Attorney Henry C. Leventis announced today that the U.S. Attorney’s Office for the Middle District of Tennessee recovered $22,670,748.85 for crime victims and American taxpayers in Fiscal Year 2023.
“The dedicated public servants in our office responsible for protecting the public fisc and disgorging criminal proceeds have, once again, done a tremendous job on behalf of taxpayers and crime victims in Middle Tennessee,” said United States Attorney Henry C. Leventis. “In 2023, they recovered well over $22 million for federal government programs and victims of crime.”
Of the money collected, $19,217,743.17 was collected in civil cases, primarily through actions brought pursuant to the False Claims Act which provides that the United States may recover up to three times the amount of money that had been fraudulently obtained from government programs, And, $2,323,187.68 was in the form of money judgments in criminal cases for victims of crime. The U.S. Attorney’s Office also collected $1,129,818 through asset forfeiture in criminal and civil cases during Fiscal Year 2023.
The pursuit of recovery as a result of fraud committed against the United States through affirmative civil enforcement is a top priority of the U.S. Attorney’s Office. This includes actions to recover monies lost due to fraud or other misconduct against the United States and the pursuit of monetary penalties and injunctive relief to address on-going violations of federal laws. One of the primary objectives of asset forfeiture is to take the profit out of crime. Both the proceeds and instrumentalities of crimes are subject to forfeiture. The U.S. Attorney’s Office also initiates legal proceedings and takes other necessary actions to enforce collection of all federal debts in the Middle District of Tennessee. These debts include criminal fines, criminal restitution orders and civil judgments filed against judgment debtors, as well as unsecured civil debts referred from federal agencies.
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U.S. Attorney’s Office staff read to young students to increase childhood literacyRead the Press Release
MIAMI – Kids who read at grade level in the fourth grade are much more likely to remain in school and get higher grades on standardized tests. According to Begin to Read statistics, 78 percent of children who do not read proficiently by fourth grade usually never catch up.
Staff from the Law Enforcement Coordination and Community Outreach Section (LEC/COS) of the U.S. Attorney’s Office for the Southern District of Florida realize the importance of reaching children early. They read throughout South Florida, most recently reading at elementary schools in Opa-Locka, Fort Lauderdale, Hollywood, Liberty City and Pompano Beach. The locations change weekly, but the message remains the same—foster a love of reading in pre-K students.
Students are always excited to see the readers. In many cases, they want to hear the same books over and over. And when it comes to their favorite books to read, “Pete the Cat” reigns supreme.
“Good morning, everyone,” said Community Outreach Specialist Corey Mackay, LEC/COS, to a group of pre-K students at Cypress Elementary School in Pompano Beach. “I have a good Pete the Cat book but you need to help me sing. Can you do that?”
The children enthusiastically agreed, got quiet, and listened.
“They definitely enjoy when you guys come,” said a local pre-K teacher. “It’s a breath of fresh air to have someone else read to them. The kids love it.”
Giving children a love of reading is the reason for this program. LEC/COS staff also give books to the students to help build their personal libraries at home.
“We’ve been doing these readings for at least seven years,” said LEC/COS Chief J.D. Smith. “We go to nearly 30 elementary schools throughout the district each month, from Homestead to Fort Pierce. We believe in this program, and I absolutely feel it makes a difference in their lives.”
Research shows that children who fall behind in literacy are four times more likely to drop out of school. LEC/COS staff organize these readings at schools in areas considered to be book deserts.
“For many children, it’s tough to get access to printed books,” said Smith. “Underserved areas can lack community libraries. That’s why we bring books with us. Every little bit helps. If we can get one child to love reading, then it’s worth it.”
Anyone interested in donating children’s books to the reading program may do so by calling the U.S. Attorney’s Office Violence Reduction Partnership at (305) 961-9134.
Community Outreach Specialist Corey Mackay, Law Enforcement Coordination and Community Outreach Section of the U.S. Attorney’s Office, reads books to pre-K students at Holmes Elementary School in Liberty City in an effort to foster a love of reading.
You may find a copy of this press release (and any updates) on the website of the United States Attorney’s Office for the Southern District of Florida at www.justice.gov/usao-sdfl.
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U.S. Attorney's Office Secures Settlement Agreement with Nantahala Weddings, LLC to Provide Individuals with Disabilities Equal Access to Its FacilitiesRead the Press Release
CHARLOTTE, N.C. – The U.S. Attorney’s Office has reached a settlement agreement with Nantahala Weddings, LLC (Nantahala Weddings) to remedy alleged violations of the Americans with Disabilities Act (ADA) at its facilities in western North Carolina, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
“The U.S. Attorney’s Office is committed to ensuring that everyone has equal access to businesses and facilities available to the public,” said U.S. Attorney King who also serves as Chair of the U.S. Attorney General’s Subcommittee on Civil Rights. “This settlement reflects our commitment. It is critical for companies to maintain accessible facilities so that individuals with disabilities can fully use and enjoy a business’s goods and services. I commend Nantahala Weddings for its cooperation and for taking swift remedial action to ensure its facilities are ADA compliant.”
According to a civil rights complaint filed with the U.S. Department of Justice, Nantahala Weddings was violating the ADA by, among other things, charging a fee to transport individuals with mobility impairments up a non-accessible hill to the main wedding ceremony area and failing to offer accessible restrooms to guests. The property offers lodgings for rent and includes several buildings, outdoor pavilions, and open-air gathering areas separated by wooded areas and steep hills.
Upon learning of the complaint, the Nantahala Weddings took prompt action to remedy certain architectural barriers on its own initiative. Thereafter, it fully cooperated with the investigation by the U.S. Attorney’s Office and subsequently agreed to remedy its accessibility issues. The business has already begun implementing the terms of the settlement agreement.
As part of the settlement, Nantahala Weddings will construct accessible lodging for guests to rent, which will include an accessible entryway, bathroom, and bedroom; build accessible exterior walkways connecting its facilities or, where specified, offer accessible transportation to guests with no surcharge; renovate single use bathrooms and other facilities for ADA compliance; and remedy various other architectural barriers to access.
“We appreciate the U.S. Attorney’s Office bringing these matters to our attention as – like many small businesses – we were not aware of the ADA’s requirements. We value the opportunity to make our property accessible, and we firmly believe that implementing the recommended changes will ensure all our guests feel comfortable, safe, and welcome,” said Jody Hafey, an owner of Nantahala Weddings.
Title III of the ADA prohibits discrimination against individuals with disabilities by businesses that serve the public, such as Nantahala Weddings. Such businesses also cannot impose a surcharge on persons with a disability who seek to participate in its goods and services. Individuals who believe they have been victims of discrimination may file an ADA complaint online here. Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free information line at 800-514-0301 (voice) or 1-833-610-1264 (TTY).
Assistant U.S. Attorney Jonathan M. Warren of the U.S. Attorney’s Office in Charlotte is handling this matter.
In April 2022, U.S. Attorney King announced the formation of the U.S. Attorney’s Office Civil Rights Team, to focus on prioritizing criminal and civil enforcement actions and increasing education and community outreach efforts. The Civil Rights Team comprises federal prosecutors and staff from the Office’s Criminal and Civil Divisions in Charlotte and in Asheville. U.S. Attorney King has appointed a Criminal Civil Rights Coordinator to lead the Team’s efforts in investigating and prosecuting criminal civil rights violations, including hate crimes, color of law violations, and human trafficking cases. U.S. Attorney King also appointed a Civil-Civil Rights Coordinator, who is tasked with prioritizing civil enforcement actions related to discrimination in housing, lending, employment, and education, and the protection of voting rights and disability rights or access, among other areas. For more information about the U.S. Attorney’s Office’s Civil Rights Team visit our website.
U.S. Attorney Charges Convicted Sex Offender Who Had Fled to Mexico with Sexual Exploitation of A Minor and Distribution of Child PornographyRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced that KENNEDY CARTER, a convicted sex offender who had fled to Mexico from probation in Oregon following a conviction for encouraging child sexual abuse in the first degree in that state, was arrested yesterday evening and charged with sexual exploitation of a child and other child sex offenses. Yesterday, March 21, 2024, CARTER was deported from Mexico by Mexican immigration authorities and arrived at San Francisco International Airport, where he was arrested by the FBI upon arrival. CARTER will be presented today in San Francisco federal court before U.S. Magistrate Judge Laurel Beeler.
U.S. Attorney Damian Williams said: “The charges unsealed today reflect the tenacity of the career prosecutors of this Office and our law enforcement partners who tracked down this alleged recidivist sex offender to Mexico after he fled from probation in Oregon. The defendant went to great lengths to avoid responsibility for his alleged unconscionable actions, but we relentlessly pursue justice for victims of child sexual abuse, and those responsible will face the full weight of the law, no matter where they may hide.”
FBI Assistant Director in Charge James Smith said: “Kennedy Carter, a convicted sex offender, allegedly coerced a 12-year-old girl to send him sexually explicit photos and videos of herself over the Internet. Carter’s arrest reaffirms the FBI’s commitment to protecting children from dangerous sexual predators. Crimes of this nature are inexcusable, making victims out of some of our most vulnerable members of society. We urge parents to continue having conversations with their children about safe online surfing and encourage the public to come forward with information that could help us identify other potential victims in this or any other case.”
As alleged in the Complaint:[1]
From at least on or about May 20, 2023, through at least on or about May 29, 2023, CARTER knowingly induced, enticed, and coerced a 12-year-old female minor located in Putnam County (“Victim-1”) to engage in sexually explicit conduct, to take sexually explicit photos and videos of herself engaging in such conduct, and to transmit them over the internet to CARTER. In addition, from at least on or about May 20, 2023, through at least on or about May 29, 2023, CARTER knowingly distributed material that contained child pornography, including photographs and videos of another minor female (“Victim-2”) to Victim-1 over the Internet. Finally, because CARTER is required by federal or any other law to register as a sex offender, and is so registered, and has committed a felony offense involving a minor in engaging in sexual exploitation of a minor, he is also subject to an enhanced penalty as charged in the Complaint.
Any individuals with information concerning KENNEDY CARTER and any individuals who may have encountered someone using the WhatsApp username [email protected] or the aliases “Mikey Portuguez Perez” or “Javed Montero,” please contact the FBI at 1-800-CALL-FBI or https://tips.fbi.gov.
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CARTER, 27, previously of Corvallis, Oregon, is charged with one count of sexual exploitation of a child, which, because of his prior state conviction in Oregon for encouraging child sexual abuse in the first degree, carries an enhanced mandatory minimum sentence of 25 years in prison and a maximum sentence of 50 years in prison; one count of receipt and distribution of child pornography, which, again due to his prior conviction, carries an enhanced mandatory minimum sentence of 15 years in prison and a maximum sentence of 40 years in prison; and one count of penalties for registered sex offenders, which carries a mandatory minimum sentence of 10 years in prison to run consecutive to any sentence imposed for the underlying offense of sexual exploitation of a child.
The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the FBI’s Westchester Safe Streets Task Force and the Putnam County Sheriff’s Office. Mr. Williams also thanked law enforcement partners in Mexico, the Benton County Probation Office in Benton County, Oregon, the Department of Justice’s Office of International Affairs, and the U.S. Attorney’s Office for the Northern District of California for their assistance.
This case is being handled by the Office’s White Plains Division. Assistant U.S. Attorney Margaret N. Vasu is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Two Henderson, Kentucky Men Charged in a Methamphetamine Trafficking ConspiracyRead the Press Release
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge Michael E. Stansbury of the FBI Louisville Field Office, Commissioner Phillip Burnett, Jr. of the Kentucky State Police, and Chief Sean McKinney of the Henderson Police Department made the announcement.
According to the indictment, Elijah J. Roberts, 25, and Jeremy J. Frey, 49, were each charged with conspiring to possess with the intent to distribute, and distributing, over 500 grams of a methamphetamine mixture between April 2023 and August 31, 2023, in Henderson County, Kentucky.
Roberts made his initial court appearance before a U.S. Magistrate Judge in the Western District of Kentucky on March 8, 2024. Frey made his initial court appearance before a U.S. Magistrate Judge in the Western District of Kentucky on March 21, 2024. Both defendants face a mandatory minimum sentence of 10 years and a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
There is no parole in the federal system.
The FBI Owensboro Satellite Office, the Kentucky State Police, and the Henderson Police Department are investigating the case.
Assistant U.S. Attorney Mark J. Yurchisin II, of the U.S. Attorney’s Bowling Green Branch Office, is prosecuting this case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Tracy Thibodeau Sentenced for Credit Union FraudRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that Tracy Thibodeau, 47, of Windsor, Vermont was sentenced yesterday in United States District Court in Burlington to time served following her guilty plea to a charge of credit union fraud. U.S. District Judge William K. Sessions III ordered that Thibodeau serve three years of supervised release and pay $136,936.57 in restitution. Thibodeau had not served any period of imprisonment prior to yesterday’s sentence.
On February 22, 2023, a federal grand jury in Rutland returned a one-count indictment charging Thibodeau, who at the time was known as Tracy Hill, with defrauding her former employer, the Vermont VA Federal Credit Union. The VVAFCU is a small credit union that has one office in White River Junction. Thibodeau began working at the credit union in 2015 and was promoted to branch manager some time in 2016. The credit union offered VVAFCU VISA credit cards to members and employees.
According to the indictment, in April 2019, Thibodeau misused her authority at the bank to open a personal VVVAFCU credit card account without proper authorization from her superiors. Later in 2019, Thibodeau again misused her access to the credit union’s credit card processing software to grant herself, without authorization, privileges on her card account. Those privileges eliminated maximum account limits; excused her from paying late fees and penalties on overdue balances; and eliminated monthly minimum payments. Between April 2019 and February 2021, Thibodeau used her credit card to make purchases in excess of $140,000. During that period, Thibodeau made only small monthly payments toward her large account balance. Thibodeau concealed her procurement and misuse of the credit card by manipulating internal credit card journal reports to hide from her superiors the existence of a large balance on her account. The credit union discovered the fraud in April 2022 and promptly fired Thibodeau. At that time, the outstanding balance on her account was about $137,000. That loss has been absorbed by the credit union and its insurer.
Thibodeau pleaded guilty to the indictment last fall.
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the United States Secret Service and the Hartford Police Department.
Thibodeau is represented by Chandler Matson, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.