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1 March 2024
Dulce Man Charged with Aggravated Sexual AbuseRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Cisco Cruzito Pinto appeared in federal court on a criminal complaint charging him with aggravated sexual abuse in Indian Country. Pinto, 37, of Dulce, NM, will remain on conditions of release in the third-party custody of a halfway house pending trial, which has not yet been scheduled.
According to the criminal complaint, on Sept. 13, 2023, Pinto went out drinking in Pagosa Springs, CO with his wife before returning home. After his wife fell asleep, Pinto allegedly went into a bedroom where their 14-year-old niece, Jane Doe, was sleeping and sexually assaulted her. Jane Doe began to cry, and Pinto allegedly told her not to tell anyone otherwise he would hit her. When Pinto went to take a shower, Jane Doe told her aunt that Pinto had assaulted her. Jane Doe’s aunt called 911, and Jicarilla Apache Police Officers removed Pinto from the home.
A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the current charges, Pinto faces up to a mandatory minimum of 30 years and up to life in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Jicarilla Apache Police Department. Assistant U.S. Attorney Meg Tomlinson is prosecuting the case.
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Dual Resident Doctor Sentenced to 52 Months in Federal Prison for Tax EvasionRead the Press Release
United States Attorney Ronald C. Gathe, Jr., announced that U.S. District Judge Brian A. Jackson sentenced Dr. Melissa Rose Barrett, age 49, of Baton Rouge, Louisiana, and Clive, Iowa, to 52 months in federal prison following her conviction for tax evasion. In addition to the term of imprisonment, the Court imposed a fine of $200,000 and ordered Barrett to serve one year of supervised release.
On October 31, 2023, after a seven-day trial before U.S. District Judge Brian A. Jackson, the jury unanimously convicted Barrett of tax evasion. Barrett, a physician, owned and operated an urgent care clinic known as Stat Care Clinics, L.L.C. d/b/a Central Stat Care. As the evidence at trial demonstrated, for tax years 2007 through 2017, Barrett owed significant taxes totaling approximately $1.6 million, excluding interest and penalties. For more than a decade, the IRS notified Barrett that she owed taxes multiple times and through various means.
Barrett undertook various steps to evade the payment of her outstanding tax liability, including preparing and filing a false IRS form, underreporting income, inaccurately detailing her assets, and concealing cash in a safe instead of depositing it in the bank. While owing a substantial tax debt, Barrett purchased millions of dollars of real estate and personal property in the names of nominees. These assets included a personal residence, boats, airplanes, and thousands of acres of farmland and hunting land.
U.S. Attorney Ronald Gathe said, “ The United States Attorney’s Office is committed to prosecuting individuals and businesses alike that refuse to perform their civic duty of tax payment. Paying taxes is a responsibility that we all bear as United States citizens in order to enjoy the freedoms they provide. This intelligent individual developed a sophisticated scheme and took advantage of our system; however, her actions were inevitably discovered by our federal partners. I commend the collaborative work between our federal partners and my office in holding this defendant accountable and issuing justice for the citizens of the Middle District of Louisiana.”
This case was investigated by the Internal Revenue Service, Criminal Investigations and was prosecuted by Deputy Criminal Chief Edward H. Warner, Assistant United States Attorney Elizabeth White, and Trial Attorney Wilson Stamm of the Department of Justice Tax Division.
District Man Sentenced to Nine Years in Prison for Shooting in Northeast WashingtonRead the Press Release
WASHINGTON – Tyrone Hawkins, 22, of Washington, D.C., was sentenced today to a nine-year prison term for shooting a man outside of the man’s home in Northeast Washington, U.S. Attorney Matthew M. Graves announced.
Hawkins pleaded guilty in September, 2023, in the Superior Court of the District of Columbia, to assault with intent to kill and possession of a firearm during a crime of violence. The sentencing guidelines called for a range of five to nine years, and the Honorable Michael O’Keefe sentenced Hawkins to the maximum of nine years on March 1, 2024. Following his prison term, he will be placed on three years of supervised release.
According to the government’s evidence, on Sept. 23, 2021, Hawkins’ co-defendant, Clint Broadus, was driving a car that belonged to Hawkins’s mother, and pulled up beside the victim, who was speaking on a cellphone outside of his home. Hawkins was riding as a passenger in the front seat of the car. Hawkins asked the victim, “where's the weed at?” The victim replied that he didn't have any marijuana, and Broadus drove the vehicle down the street and parked. Hawkins and Broadus exited the vehicle, had a conversation over the hood of the car, and then approached the victim from different directions. Broadus ran across the street towards the victim, reaching for a firearm in his waistband, while Hawkins approached the victim from the same side of the road as where the victim was standing. The victim saw Broadus running towards him, produced a personal pepper spray container and sprayed Broadus with it. Broadus ducked and ran away from the scene. At nearly the same time that the victim deployed pepper spray, Hawkins, who was standing to the victim’s left, pointed a silver-barreled pistol at him and fired multiple times. The victim attempted to flee behind vehicles parked on the street in front of his home, while the defendant fired at him 7 to 11 times. The victim sustained an injury to his upper arm from bullet fragments; multiple vehicles parked along the street were damaged as a result of the gunfire.
Hawkins was arrested the same day and has been in custody ever since. The co-defendant, Clint Broadus, was sentenced on February 16, 2024, to a five-year prison sentence for assault with a dangerous weapon and possession of a firearm during a crime of violence pursuant to a plea agreement that was accepted by the Court.
In announcing the sentence, U.S. Attorney Graves commended the work of those who investigated the case from the Metropolitan Police Department. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Abubaker Alaway, and Assistant U.S. Attorney Sarah Folse, who investigated and prosecuted the case. He also acknowledged the efforts of others who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Erin DeRiso and Jessica Ans, Paralegal Specialist Debra McPherson, and Victim/Witness Services Coordinator Katina Adams-Washington.
District Man Sentenced to 10 Years in Prison for Drug Distribution and Possession of a MachinegunRead the Press Release
WASHINGTON – Daniel Jahleel Thomas, aka “Dandue,” 22, of Washington, D.C., was sentenced to 120 months in prison today, for conspiracy to distribute 100 kilograms or more of marijuana, as well as a detectable amount of oxycodone, unlawful possession of a machinegun, and using, carrying, and possessing a firearm during, in relation to, and in furtherance of drug trafficking, announced U.S. Attorney Matthew M. Graves, FBI Special Agent in Charge David J. Scott of the FBI Washington Field Office Criminal and Cyber Division, and Chief Pamela A. Smith of the Metropolitan Police Department (MPD).
In addition to the 10-year prison term, U.S. District Court Judge Beryl A. Howell ordered Thomas to serve four years of supervised release.
Thomas pleaded guilty on April 13, 2023, in the U.S. District Court for the District of Columbia. According to court documents, Thomas – who used the nickname “Dandue” in rap videos published on YouTube – advertised marijuana and oxycodone for sale on his social media accounts, and published pictures of himself in holding firearms, including fully automatic machine guns.
February 25, 2022, MPD officers saw Thomas’ Instagram story advertising that he had marijuana for sale at the Fort Chaplin Park Apartments in Northeast D.C., and knew that Thomas had a court-ordered stay-away from the complex as a condition of a prior gun arrest. The officers found Thomas standing outside the apartments and, as they approached him, Thomas jumped into the back seat of a parked vehicle. When officers ordered Thomas out of the vehicle to speak with him about the stay-away order, he resisted and pulled away. During the subsequent struggle, officers discovered a firearm in Thomas’ waistband. The firearm was later determined to be a Glock, Model 19, 9mm handgun loaded with one round in the chamber and 14 rounds in the magazine. The handgun was also fitted with a “giggle switch,” which made the handgun capable of fully automatic fire. After placing Thomas under arrest, officers recovered a duffel bag from inside the vehicle and subsequently recovered four one-pound bags of marijuana as well as 81 pills, each of which contained 30mg of oxycodone. Thomas has been detained without bond since his arrest.
At the time of his arrest, Thomas was under investigation by the FBI for his role in a variety of federal offenses related to firearms and narcotic trafficking. Coordination between the FBI and MPD led to an indictment charging Thomas and two of his co-conspirators with numerous federal offenses. Five days before his arrest, Thomas exchanged text messages with a co-conspirator about Thomas’ plan to carry out a drive-by shooting in retaliation for a perceived slight.
In announcing the sentencing, U.S. Attorney Graves, Special Agent in Charge Scott, and Chief Smith commended the work of those who investigated the case from the U.S. Attorney’s Office, the FBI Washington Field Office, and MPD.
The case was prosecuted by Assistant U.S. Attorney James B. Nelson with valuable help from Paralegal Specialist Genevieve de Guzman.
Defendant Convicted of Fraudulent Scheme That Targeted the Haitian American Community Sentenced to 24 Months in PrisonRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Frantz Simeon was sentenced by United States District Judge Brian M. Cogan to 24 months in prison for his operation of a fraudulent scheme that used his company, First Black Enterprises, Inc., to target members of the Haitian American community in Brooklyn and Queens. As part of the sentence, Simeon was ordered to pay over $200,000 in restitution. The defendant pleaded guilty to mail fraud in February 2023.
Breon Peace, United States Attorney for the Eastern District of New York, and Daniel B. Brubaker, Inspector-in-Charge, United States Postal Inspection Service (USPIS), announced the sentence.
“Today, Frantz Simeon learned the consequences for exploiting his position of trust in the Haitian American community,” stated United States Attorney Peace. “Simeon lured his victims with false promises of substantial returns on investments so that he could fleece them for his own benefit, until his scheme collapsed. This Office will aggressively prosecute perpetrators of affinity fraud schemes, and this case alerts investors to be wary of community members touting investments that sound too good to be true.”
“Postal Inspectors are dedicated to investigating schemes designed to defraud innocent victims while taking advantage of the U.S. Mail. USPIS vows to continuously protect and educate the public on how to avoid these types of schemes,” stated USPIS Inspector-in-Charge Brubaker. “Simeon targeted individuals from his own community for his personal financial gain. If something sounds too good to be true, it probably is!”
Between February 2019 and December 2020, Simeon orchestrated a fraudulent scheme in which he falsely advertised his business experience and acumen, enticing investors to invest with him based on promises that their investments were risk-free and would generate 10% monthly returns. Simeon specifically preyed on Haitian Americans residing in Brooklyn and Queens, leveraging his relationships in the community to induce over $350,000 in investments with his false assurances. Contrary to his promises, Simeon conducted little or no actual business or investment activities, instead using the money from new investors to mail monthly interest payments to them and earlier investors in a Ponzi-like scheme. These purported interest payments were designed to conceal the fraud and to induce further investments, which Simeon needed to continue the scheme. In addition, Simeon misappropriated thousands of dollars of investor funds for his own personal benefit, including the purchase of a car for his daughter and making over $60,000 in cash withdrawals. Simeon’s victims, who were largely immigrants, ultimately sustained over $200,000 in losses as a result of the scheme.
The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorney Dylan A. Stern is in charge of the prosecution.
The Defendant:
Frantz Simeon
Age: 67
Brooklyn, New YorkE.D.N.Y. Docket No. 21-CR-479 (BMC)
Davenport Man Sentenced to 84 Months in Federal Prison for Firearms ChargeRead the Press Release
DAVENPORT, Iowa – A Davenport man was sentenced on February 28, 2024, to 84 months in federal prison for possessing a firearm as a felon.
According to public court documents and evidence presented at sentencing, Deandre Miller, 36, was found in possession of a loaded firearm. Law enforcement received a report of a stolen vehicle out of the Atlanta, Georgia area. The stolen vehicle was located at a gas station in Davenport. Law enforcement determined Miller was the passenger of the stolen vehicle and had entered the gas station. As officers investigated, Miller attempted to flee out of the store and was taken into custody. Officers determined that prior to fleeing, Miller had been in a walk-in cooler. Inside this walk-in cooler, officers found a loaded firearm. Miller had been previously convicted of a felony offense and was prohibited from possessing any firearms.
After completing his term of imprisonment, Miller will be required to serve three years of supervised release. There is no parole in the federal system.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the Davenport Police Department.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.
Court Finds That Arizona Voter Registration Provisions Violate Federal LawRead the Press Release
The U.S. District Court for the District of Arizona struck down an Arizona requirement that individuals seeking to register to vote must list their birthplace as a prerequisite to registering to vote. The court ruled that the birthplace requirement of House Bill 2492 violated a federal law that prevents election officials from rejecting voting materials for errors or omissions that are not material to determining a registrant’s qualifications to vote. The court previously ruled that Arizona may not require documentary proof citizenship to vote in a federal election.
“This ruling provides a cautionary note that should discourage officials from considering imposition of restrictive or burdensome proof of citizenship demands or requests for unnecessary information from voters before registering them to vote in federal elections,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue its vigorous enforcement of the National Voter Registration Act (NVRA) and other federal laws to ensure that eligible voters are able to register and vote in federal elections.”
“Arizona passed legislation in 2022 that violates the Civil Rights Act of 1964 and other federal safeguards,” said U.S. Attorney Gary Restaino for the District of Arizona. “The District Court’s order helps level the playing field and it removes formidable barriers to Arizonans’ exercise of their right to vote. We appreciate the advocacy work of so many non-profit organizations and the Civil Rights Division in seeking a fairer and more just America.”
The court’s ruling comes following a bench trial late last year in a set of consolidated cases challenging various aspects of voting laws adopted by the State of Arizona. The Justice Department’s lawsuit, filed in July 2022, challenged voting restrictions imposed by House Bill 2492 (2022), alleging violations under Section 6 of the NVRA and Section 101 of the Civil Rights Act of 1964. Specifically, the United States’ complaint contended that House Bill 2492 violates the NVRA by requiring that applicants produce documentary proof of citizenship before they can vote in presidential elections or vote by mail in any federal election when they register to vote using the uniform federal registration form created by the NVRA. This requirement flouts the 2013 U.S. Supreme Court decision in Arizona v. Inter Tribal Council of Ariz., Inc., which rejected an earlier attempt by Arizona to impose a similar documentary proof of citizenship mandate on applicants seeking to vote in federal elections.
The United States’ complaint also contended that House Bill 2492 violates Section 101 of the Civil Rights Act by requiring election officials to reject voter registration forms based on errors or omissions that are not material to establishing a voter’s eligibility to cast a ballot. Several private plaintiffs filed related cases and yesterday’s ruling also addresses additional claims brought by those parties.
More information about the Voting Rights Act and other federal voting laws is available on the Justice Department’s website at www.justice.gov/crt/voting-section. Complaints about discriminatory voting practices can be reported to the Civil Rights Division through the internet reporting portal at civilrights.justice.gov or by telephone at 1-800-253-3931.
Commodities Trading Company Will Pay over $661M to Resolve Foreign Bribery CaseRead the Press Release
Gunvor S.A. (Gunvor), an international commodities trading company based in Switzerland, has pleaded guilty and will pay over $661 million to resolve an investigation by the U.S. Justice Department into violations of the Foreign Corrupt Practices Act (FCPA).
Gunvor’s guilty plea stemmed from the company’s corrupt scheme to pay substantial bribes to Ecuadorean government officials to secure business with Ecuador’s state-owned and state-controlled oil company, Petroecuador.
In connection with the resolution, Gunvor entered into a plea agreement with the government and pleaded guilty to an information charging the company with conspiracy to violate the anti-bribery provisions of the FCPA. Following the plea, the court sentenced Gunvor to pay a criminal monetary penalty of $374,560,071 and to forfeit $287,138,444 in ill-gotten gains. The sentence includes credits of up to one-quarter of the criminal fine each for amounts Gunvor pays to resolve investigations by Swiss and Ecuadorean authorities into the same misconduct so long as the payments are made within one year of today’s date.
The Office of the Attorney General of Switzerland announced today a parallel resolution of its investigation into Gunvor’s misconduct that involved payment of approximately $98 million by Gunvor to Swiss authorities.
“Over nearly a decade, Gunvor representatives bribed high-level government officials at Ecuador’s state-owned oil company to enter into business transactions with other state-owned entities that ultimately benefited Gunvor. As a result of this complex bribery scheme, Gunvor obtained hundreds of millions of dollars in illicit profits,” said Acting Senior Counselor Brent S. Wible of the Justice Department’s Criminal Division. “Foreign bribery emboldens corrupt officials and undermines the rule of law. Gunvor’s guilty plea demonstrates that the Criminal Division remains resolute in our efforts to root out bribery and official corruption. We will continue to hold both corporations and individuals who bribe foreign officials to account, in coordination with our international partners.”
“Today’s guilty plea and sentencing marks yet another example of this office’s efforts to combat widespread corruption,” said U.S. Attorney Breon Peace for the Eastern District of New York. “Corruption erodes the public’s trust in their government, prevents government officials from acting in the best interests of the people they represent and harms businesses that play by the rules, driving up prices for consumers. The Justice Department, including my office, will not tolerate bribes being paid by American companies or foreign companies misusing the U.S. financial system.”
“Gunvor’s years-long bribery scheme involving high-level Ecuadoran officials was both detrimental to the business environment and eroded the public’s trust and confidence in their government,” said Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office. “This guilty plea and significant fine would not have been possible without significant cooperation from our international partners in the Cayman Islands, Colombia, Curacao, Ecuador, Panama, Portugal, Singapore, and Switzerland. This truly was an international effort.”
According to the company’s admissions and court documents, between 2012 and 2020, Gunvor and its co-conspirators paid more than $97 million to intermediaries knowing that some of the money would be and in fact was used to bribe Ecuadorean officials, including Nilsen Arias Sandoval, a then-high ranking official at Petroecuador. As part of the scheme, Gunvor managers and agents attended meetings in the United States and elsewhere. The bribe payments were routed through banks in the United States using shell companies in Panama and the British Virgin Islands controlled by Gunvor’s co-conspirators. Among other things, a Gunvor employee also directed one of the intermediaries to use the money to purchase an 18-karat gold Patek Philippe watch for Arias.
In exchange for these bribe payments, high-level Ecuadorian officials helped various state-owned entities, which were acting as front companies for Gunvor, win the rights to a series of oil-backed loan contracts with Petroecuador. This structure allowed Gunvor and its co-conspirators to avoid a competitive bidding process and to obtain contractual terms that it could not have obtained otherwise. Gunvor also received confidential Petroecuador information in exchange for the bribes. In total, Gunvor earned more than $384 million in profits from the contracts it obtained corruptly from Petroecuador.
The department reached this resolution with Gunvor based on a number of factors, including, among others, the nature and seriousness of the offense. Gunvor received credit for its cooperation with the department’s investigation, which included: (i) producing documents to the department from multiple foreign countries expeditiously while navigating foreign data privacy and criminal laws; (ii) providing information obtained through its own internal investigation to the department, which allowed the department to preserve and obtain evidence as part of the department’s investigation; (iii) making detailed, factual presentations to the department; (iv) arranging for the interview of an employee based outside the United States; (v) promptly collecting, analyzing, and organizing voluminous information, including complex financial information, at the request of the department, and producing an analysis of trading activity conducted by multiple outside forensic accounting firms retained by Gunvor; (vi) translating foreign language documents to facilitate and expedite review by the department; and (vii) imaging the phones of relevant custodians at the beginning of Gunvor’s internal investigation, thus preserving business communications sent on mobile messaging applications.
Gunvor also engaged in timely and appropriate remedial measures, including: (i) eliminating the use of third-party business origination agents; (ii) enhancing its third party due-diligence process; (iii) developing and implementing a control framework for internal business developers and additional layers of review and approval for counterparty payments; (iv) enhancing the independent compliance committee with responsibility for reviewing high-risk transactions; (v) engaging resources to review its compliance program and test the effectiveness of its overall reporting process, its reporting hotline and the effectiveness of the investigation of reports made through the hotline; (vi) evaluating and updating its compensation policy to better incentivize compliance with the law and corporate policies; (vii) hiring additional compliance personnel; (viii) testing and enhancing its compliance program, including by conducting compliance culture reviews, testing new third party due diligence process and payment controls, and evaluating controls around business development activities; and (ix) developing and implementing a risk-based business communications policy that addresses the use of ephemeral and encrypted messaging applications.
The department also considered Gunvor’s history of misconduct. In October 2019, Gunvor reached a resolution with the Office of the Attorney General of Switzerland concerning a corrupt scheme to bribe officials in Congo-Brazzaville and Côte d’Ivoire to secure oil contracts obtained between approximately 2009 and 2012. As part of the 2019 Swiss resolution, Gunvor admitted that it lacked sufficient controls to prevent the underlying misconduct and failed to take “all the reasonable organizational measures” required to prevent Gunvor’s employees and agents from engaging in bribery. The conduct that is the subject of today’s guilty plea occurred, in part, at the same time as the prior Swiss investigation and resolution.
In light of these considerations, the department determined that the appropriate resolution in this case was for Gunvor to plead guilty to one count of conspiracy to violate the FCPA. The criminal fine calculated under the U.S. Sentencing Guidelines reflects a 25% reduction off the 30th percentile of the applicable guidelines fine range, taking into account Gunvor’s cooperation and remediation, as well as its prior history.
The department previously secured convictions in the Eastern District of New York of four individuals who were implicated in Gunvor’s bribery scheme, including:
- Antonio Pere Ycaza, a former consultant for Gunvor, pleaded guilty on Oct. 7, 2020, to one count of conspiracy to violate the FCPA and one count of conspiracy to commit money laundering.
- Enrique Pere Ycaza, a former consultant for Gunvor, also pleaded guilty on Oct. 7, 2020, to one count of conspiracy to commit money laundering and to violate the FCPA.
- Raymond Kohut, a former Gunvor employee and agent, pleaded guilty on April 6, 2021, to one count of conspiracy to commit money laundering.
- Nilsen Arias Sandoval, a former senior Petroecuador official, pleaded guilty on Jan. 19, 2022, to one count of conspiracy to commit money laundering.
The FBI Miami Field Office is investigating the case, with assistance from the FBI’s International Corruption Unit.
Trial Attorney Clayton P. Solomon and Assistant Chiefs Derek J. Ettinger and Jonathan P. Robell of the Criminal Division’s Fraud Section, Trial Attorney D. Hunter Smith and Deputy Chief Adam J. Schwartz of the Criminal Division’s Money Laundering and Asset Recovery Section, and Assistant U.S. Attorneys Nick M. Axelrod, Jonathan P. Lax, and Matthew R. Galeotti for the Eastern District of New York are prosecuting the case. Assistant U.S. Attorneys Laura Mantell and Brendan King for the Eastern District of New York are handling forfeiture matters.
The Justice Department’s Office of International Affairs and authorities in the Cayman Islands, Colombia, Ecuador, Panama, Portugal, Singapore, and Switzerland provided valuable assistance.
The Criminal Division’s Fraud Section is responsible for investigating and prosecuting FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
The Kleptocracy Asset Recovery Initiative is led by a team of dedicated prosecutors in the Criminal Division’s Money Laundering and Asset Recovery Section, in partnership with federal law enforcement agencies, and often with U.S. Attorneys’ Offices, to forfeit the proceeds of foreign official corruption and, where appropriate, to use those recovered assets to benefit the people harmed by these acts of corruption and abuse of office.
Information Plea AgreementColombian National Pleads Guilty to Producing and Trafficking over 1,400 Kilograms of CocaineRead the Press Release
Tampa, FL - United States Attorney Roger B. Handberg announces that Juan Carlos Perlaza Caicedo (45, Colombia), a/k/a “Olindo Perlaza Caicedo” and “Gafas,” has pleaded guilty to conspiring to possess with the intent to distribute 5 or more kilograms of cocaine on a vessel subject to the jurisdiction of the United States. Perlaza Caicedo faces a minimum mandatory sentence of 10 years, up to life, in federal prison. A sentencing date has not yet been set.
Perlaza Caicedo was arrested in Tumaco, Colombia on May 4, 2019, pursuant to a provisional arrest warrant. He was extradited to the United States on November 22, 2023.
According to the plea agreement, Perlaza Caicedo was responsible for the production and transportation of several tons of cocaine from Colombia to Central America from at least 2002 through 2017. In addition to transportation logistics, Perlaza Caicedo managed and operated cocaine-production laboratories in Colombia, where he manufactured large amounts of cocaine on a per-order basis. In addition to production of cocaine at laboratories, Perlaza Caicedo helped coordinate multiple maritime cocaine transportation trips, including recruitment and payment of mariners and determination of maritime routes to avoid law enforcement.
The cocaine Perlaza Caicedo produced was ultimately destined for importation to the United States. In August 2011, March 2012, and September 2014, the U.S. Coast Guard interdicted drug smuggling vessels associated with Perlaza Caicedo’s efforts. During those three interdictions alone, Perlaza Caicedo played a role in conspiring to transport at least 1,422 kilograms of cocaine. Following his arrest in Colombia, Perlaza Caicedo admitted his involvement in cocaine-smuggling along the Pacific coast of South and Central America.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi- jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.
The specific mission of the OCDETF Panama Express Strike Force is to disrupt and dismantle Transnational Criminal Organizations involved in large scale drug trafficking, money laundering, and related activities. The OCDETF Panama Express Strike Force is comprised of agents and officers from the Coast Guard Investigative Service, Drug Enforcement Administration, Federal Bureau of Investigation, and Homeland Security Investigations. The Department of Justice’s Office of International Affairs, the Narcotic and Dangerous Drug Section’s Judicial Attaché’s Office at the U.S. Embassy in Bogota, the U.S. Marshals Service, and Colombian law enforcement authorities provided significant assistance in securing the arrest and extradition from Colombia of Perlaza Caicedo.
The prosecution is being led by the Office of the United States Attorney for the Middle District of Florida. It is being prosecuted by Special Assistant United States Attorney Benjamin Krebs.
Cincinnati man pleads guilty to armed robbery of postal carrierRead the Press Release
CINCINNATI – Lamarion Gray, 19, of Cincinnati, pleaded guilty in U.S. District Court today to armed robbery of a United States postal carrier.
The agreement calls for a sentence of 80 to 100 months in prison.
Gray is one of at least a dozen defendants charged in the Southern District of Ohio since 2022 with crimes related to postal robberies.
According to court documents, on July 12, 2023, Gray used a handgun and robbed a postal carrier for the carrier’s arrow key and vehicle key.
At approximately 4:30pm, Gray approached the mail carrier who was delivering mail by foot near Cliffside Drive in Cincinnati. Gray displayed a firearm and demanded the keys.
Video surveillance of the armed robbery was obtained by nearby residences.
When federal agents executed a search warrant on Gray’s vehicle, they discovered a postal arrow key and vehicle key, the gloves consistent to those used during the robbery, and a gold-colored barrel for a handgun consistent with the firearm used during the robbery.
Sentencing of the defendant will be determined by the Court at a future hearing based on the advisory sentencing guidelines and other statutory factors.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Lesley Allison, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Pittsburgh Division; and Colerain Township Police Chief Edwin C. Cordie III announced the guilty plea entered today before Senior U.S. District Judge Michael R. Barrett. Assistant United States Attorney Timothy S. Mangan is representing the United States in this case.
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Chipley “Sovereign Citizen” Convicted at Trial of $3.4 Million Tax Fraud Scheme, Filing A False Lien, and Absconding While on BondRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that a federal jury today found Judy Grace Sellers guilty of conspiracy to submit false tax returns and defraud the U.S. Treasury, substantive counts of aiding in the preparation of false tax returns, filing a false lien against the U.S. Attorney for the Northern District of Florida, and failure to appear. Sellers faces a maximum penalty of 23 years in federal prison. Her sentencing hearing is scheduled for May 22, 2024.
Sellers originally was indicted in December 2014. Her indictment was superseded to add a charge for absconding while on bond in February 2024.
According to evidence presented at trial, in 2008 and 2009, Sellers operated a website called commercialredemption.com on which she promoted the use of IRS form 1099-OID to commit tax fraud. Sellers identified as a so-called “sovereign citizen” and perpetuated the false premise that the U.S Treasury maintains secret accounts attributed to every U.S. citizen that can be drawn on by filing a series of bogus documents with the U.S. Treasury and other government entities.
As part of this fraud scheme, Sellers also promoted the use of IRS form 1099-OID to fraudulently report to the IRS debts – including mortgages, student loans, credit card debts, and court judgments – as income, along with 100% withholdings of that “income” in informational returns in order to overcome the IRS’s internal controls and induce the IRS to issue refunds that were not owed. The proper use of the 1099-OID form is for companies such as brokers to report to the IRS income received by the purchaser of a discounted security. Sellers personally created and submitted to the IRS 1099-OID forms that were fraudulent on their face.
After submitting the fraudulent 1099-OID forms, Sellers’s co-conspirators would prepare and submit fraudulent returns seeking massive refunds, in one case exceeding half a million dollars on a single return. All of these refunds were based on non-existent 1099-OID “income” and withholdings. The conspiracy resulted in the submission of at least 22 returns requesting fraudulent refunds totaling at least $3.4 million from the IRS.
In 2011, the U.S. Attorney’s Office in the Northern District of Florida filed a civil action in federal court to enjoin Sellers from promoting her fraudulent scheme on her commercialredemption.com website. In retaliation, Sellers filed a false lien against the then-U.S. Attorney and a Department of Justice tax attorney who was leading the civil action.
In 2014, Sellers was indicted on charges of tax fraud and for filing a false lien and arrested. In January 2015, Sellers was placed on house arrest with a GPS ankle monitor pending trial. In May 2015, Sellers was granted permission by her probation officer to leave her home to get her hair done in preparation for her pretrial hearing a few days later. The next day, Sellers cut off her GPS ankle monitor, flung it on the side of the highway, and absconded.
Cut GPS Ankle Monitor
Sellers was not found until more than eight and a half years later in New Mexico. Prior to this, Sellers had pleaded guilty to failing to appear for her sentencing in her previous federal counterfeiting case in 2002. In her previous case, Sellers was apprehended living under a false name in Mississippi.
This case was investigated by IRS – Criminal Investigation, the Federal Bureau of Investigation, and the Treasury Inspector General for Tax Administration, with assistance from the U.S. Marshals Service. It was prosecuted by Assistant United States Attorneys Laura Cofer Taylor and Kelly Milliron.
Chicago Man Sentenced to 96 Months in Federal Prison for His Nationwide Snapchat Phishing Scheme Targeting College-Aged WomenRead the Press Release
TALLAHASSEE, FLORIDA – Joseph Alexander Valdez, 30, Chicago, Illinois, was sentenced to 96 months in federal prison after previously pleading guilty to one count of wire fraud, one count of aggravated identity theft, and one count of stalking in connection with his phishing scheme. The sentence was announced by Jason R. Coody, United States Attorney for the Northern District of Florida.
“The defendant’s calculated invasion of the victims’ privacy is both despicable and illegal,” said U.S. Attorney Coody. “Moreover, his attempts to shame, taunt, and in some instances extort his victims, demonstrate his predatory nature and desire to inflict harm. This sentence rightly punishes the defendant and should serve as a significant deterrent to others. With our law enforcement partners, we remain committed to identify and aggressively prosecute acts of online exploitation.”
Court documents reflect that between June 2021, and December 2022, Valdez identified college-aged females located throughout the United States—including two students at Florida State University and one student at the University of Florida—to deceive them into providing their Snapchat passwords.
Once he accessed the victims’ Snapchat accounts, Valdez took screenshots of the victims’ subscriber information—such as their name, phone number, email address—and downloaded their saved photographs, including private, nude photographs. In other instances, Valdez communicated in online chatrooms and forums with other individuals who used a similar scheme to unlawfully obtain the victims’ private, nude photographs stored on the victims’ Snapchat accounts and other social media platforms. These other individuals traded and shared photographs with Valdez.
“These types of crimes are often difficult to trace and challenging to prosecute,” said Tallahassee Police Chief Lawrence Revell. “However, this sentencing reinforces our commitment. Together with our local, state, and federal law enforcement partners, we will relentlessly pursue justice for the victims and send a resounding message to others that predatory behavior of this nature will not be tolerated in Tallahassee.”
After obtaining the victims’ private photographs, Valdez contacted the victims to taunt them by bragging that he obtained their private photographs and by commenting on their bodies. In total, Valdez victimized and attempted to victimize over 700 women.
"Every day, thousands of unsuspecting social media users fall victim to online scammers, who are using a variety of sophisticated guises and techniques to collect personal information about their victims," said Acting Special Agent in Charge Mark Dargis of the FBI Jacksonville Division. "This sentencing exemplifies the commitment of the FBI to protect Americans and investigate and pursue those who seek to exploit them. We encourage anyone who believes they are a victim of an online scam or fraud to immediately report the incident to the FBI's Internet Crime Complaint Center at www.ic3.gov."
Valdez’s prison sentence will be followed by three years of supervised release, and he was ordered to pay restitution to the victims.
This case was investigated by the Federal Bureau of Investigation and the Tallahassee Police Department. Assistant United States Attorney Justin M. Keen prosecuted the case.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Carl Junction Man Sentenced for Meth Trafficking, Illegal FirearmRead the Press Release
SPRINGFIELD, Mo. – A Carl Junction, Mo., man has been sentenced in federal court for methamphetamine trafficking and illegally possessing a firearm.
Chet Edwin Mercer, 35, was sentenced by U.S. District Judge M. Douglas Harpool on Thursday, Feb. 29, to 12 years in federal prison without parole.
On Oct. 12, 2023, Mercer pleaded guilty to one count of possessing methamphetamine with the intent to distribute and one count of possessing a firearm in furtherance of a drug-trafficking crime. Mercer admitted that he was in possession of methamphetamine and a Springfield Armory 9mm firearm on Nov. 30, 2021.
According to Mercer’s plea agreement, law enforcement officers utilized a confidential source to conduct a controlled purchase of 106 grams of methamphetamine from Mercer on Nov. 19, 2021, at Mercer’s home in Carl Junction. On Nov. 30, 2021, officers executed a search warrant at Mercer’s residence. Officers searched the two-bay garage on the property and discovered a camper inside. Officers found a plastic baggie inside the camper that contained 363 grams of methamphetamine with a purity of 97 percent. Mercer admitted that he possessed the methamphetamine with the intent to distribute some or all of it.
While searching the bedroom of the camper, officers found the Springfield Armory 9mm firearm on the bed. Officers also found drug trafficking paraphernalia inside the camper, where Mercer apparently was living.
According to court documents, Mercer distributed a total of at least 10 kilograms of methamphetamine. Mercer admitted he traveled to Oklahoma City, Oklahoma, to pick up multiple pounds of methamphetamine. He had been engaging in this type of criminal behavior since 2013, when he began utilizing his dump truck business to meet with men who would load one or two duffle bags into his truck.
This case was prosecuted by Assistant U.S. Attorney Jessica R. Eatmon. It was investigated by the FBI, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Ozarks Drug Enforcement Team.
Organized Crime and Drug Enforcement Task Force
This case 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.
California Woman Sentenced for Fentanyl DistributionRead the Press Release
BOSTON – A California woman was sentenced yesterday for traveling to Boston and distributing more than five kilograms of fentanyl.
Brenda Hernandez, 25, of Stockton, Cali., was sentenced by U.S. District Court Judge Denise J. Casper to 22 months in prison and two years of supervised release. In October 2023, Hernandez plead guilty to one count of distribution of 400 grams or more of fentanyl.On May 24, 2022, Hernandez took a flight from California to Boston. After checking into a hotel, Hernandez went to a nearby mail retrieval store, where she picked up a package containing more than five kilograms of fentanyl that had been mailed there from out-of-state. Later that day, Hernandez distributed the drugs to others in Boston.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England; and John E. Mawn Jr., Interim Colonel of the Massachusetts State Police made the announcement. Assistant U.S. Attorney Brendan D. O’Shea of the Worcester Branch Office is prosecuting the case.
This case 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.
Burlington Man Sentenced to 200 Months for Drug ChargesRead the Press Release
DAVENPORT, Iowa –A Burlington man was sentenced on February 28, 2024 to 200 months in federal prison for Conspiracy to Distribute 50 Grams or More of Methamphetamine.
According to public court documents and evidence presented at sentencing, between January and October 2022, Hardy Pegues III, 62, conspired with others to distribute large amounts of methamphetamine in the Burlington, Iowa area. One of the other subjects was Larry Keith Knotts III.
Larry Keith Knotts III, 36, was sentenced on January 23, 2024, to 25 years in federal prison for Conspiracy to Distribute 50 grams or more of Methamphetamine. The press release for Knotts’ sentencing can be found at Knotts Press Release.
After completing his term of imprisonment, Pegues will be required to serve five years of supervised release. There is no parole in the federal system.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the Southeast Iowa Narcotics Task Force.
Buffalo man arrested, charged with selling methamphetamineRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Chemere Barclay, 32, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute, and to distribute, a controlled substance. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Donna M. Duncan, who is handling the case, stated that according to the complaint, between August 17 and September 11, 2023, New York State Police investigators conducted four controlled purchases of methamphetamine from Barclay. Independent of the investigation initiated by the New York State Police, the Lackawanna Police Department conducted their own investigation into the drug trafficking activities of Barclay. Between December 21, 2023, and January 5, 2024, Lackawanna Police investigators conducted three controlled purchases of methamphetamine from Barclay.
Barclay made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was detained pending a detention hearing.
The complaint is the result of an investigation by the Lackawanna Police Department, under the direction of Chief Mark Packard, the New York State Police, under the direction of Major Eugene Staniszewski, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Buffalo man arrested, accused of threatening to blow up the VARead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Demont Coston, 56, of Buffalo, NY, was arrested and charged by criminal complaint with threatening to blow up the VA Medical Centers in Buffalo, NY, and Washington, D.C. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorneys Andrew J. Henning and Charles M. Kruly, who are handling the case, stated that according to the complaint, on September 12, 2023, Coston called the Veterans Crisis Line and made threats to blow up VA Medical Center in Buffalo. Coston made statements such as “If I can not get any help from the VA, no one can,” and “The VA won’t be here anymore.” Coston also stated, “he finally found the person that he wants to kill, and he planned to kill him tomorrow.” After investigators were unable to contact Coston, he was located at a family member’s house in Maryland. Subsequently, Coston made similar threats to blow up the VA Medical Center in Washington D.C.
The complaint is the result of an investigation by the VA Medical Center Police, under the direction of Chief Richard King and the VA Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Christopher Algieri.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo man arrested, accused of attacking two VA police officersRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Steven Iverson, 26, of Buffalo, NY, was arrested and charged by criminal complaint with resisting arrest causing bodily injury to a federal police officer. The charge carries a maximum penalty of eight years in prison.
Assistant U.S. Attorney Andrew J. Henning, who is handling the case, stated that according to the complaint, on February 7, 2024, Iverson assaulted two V.A. Medical Center Police Officers as they attempted to place him under arrest. Iverson was approached by the officers in the V.A. parking garage because of suspected smell of marijuana coming from his vehicle. Iverson became verbally resistant to officer commands and rolled up his window and locked himself inside the vehicle. He was ordered out of the vehicle multiple times and was told to open the vehicle door, or the window would be broken. Iverson eventually rolled down his window and an officer was able to get the vehicle door open. But as officers attempted to remove him, Iverson grabbed the steering wheel with both hands. He then turned his body and began kicking one officer in the right wrist and left knee. Iverson was eventually removed from the vehicle and taken into custody. One officer suffered right wrist and left knee sprains, while another officer suffered a chipped tooth.
The complaint is the result of an investigation by the VA Medical Center Police, under the direction of Chief Richard King and the VA Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Christopher Algieri.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Bucks County, Pennsylvania, Registered Sex Offender Charged with Sexually Exploiting and Online Enticement of MinorRead the Press Release
TRENTON, N.J. – A Bucks County, Pennsylvania, man made his initial appearance on charges of producing videos and images depicting child sexual abuse and coercing and enticing a minor to engage in criminal sexual conduct, U.S. Attorney Philip R. Sellinger announced today.
Gregory J. Barger, 38, of Morrisville, Pennsylvania, was indicted on Feb. 15, 2024, on one count of sexual exploitation of a child – production of child pornography – and one count of coercion and enticement – online enticement of a minor. Barger had previously been charged by criminal complaint with the production offense. Barger was arraigned on Feb. 28, 2024, before U.S. District Judge Michael A. Shipp in Trenton federal court and was detained pending trial.
According to documents filed in this case and statements made in court:
From Aug. 5, 2020, through April 7, 2022, Barger – a previously convicted, registered sex offender – used an electronic messaging application to communicate with a minor victim located in the United Kingdom. He induced, enticed, and coerced the minor victim to engage in sexual conduct with Barger. In February 2022, Barger traveled to the United Kingdom and produced images and videos of Barger engaged in sexual conduct with the minor victim. Law enforcement later recovered those images and videos from Barger’s cellular phone, which was seized from Barger at the time of his arrest on April 7, 2022, in Hamilton, New Jersey.
Because of Barger’s prior conviction, the charge of production of child pornography carries a mandatory minimum penalty of 25 years in prison and a maximum potential penalty of 50 years in prison, as well as a $250,000 fine. The charge of online enticement of a minor carries a mandatory minimum penalty of 10 years in prison and a maximum potential penalty of life in prison, as well as a $250,000 fine.
U.S. Attorney Sellinger credited special agents of Homeland Security Investigations Newark, under the direction of Acting Special Agent in Charge Michael Alfonso, and members of the Mercer County Prosecutor’s Office, under the direction of Prosecutor Angelo J. Onofri, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Alexander E. Ramey of the U.S. Attorney’s Office Criminal Division in Trenton.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
barger.indictment.pdfBeckley Woman Pleads Guilty to Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – Savannah Elizabeth Todd, 31, of Beckley, pleaded guilty today to possession with intent to distribute fentanyl, cocaine and heroin.
According to court documents and statements made in court, on February 8, 2022, Todd sold approximately 3.5 grams of fentanyl for $550 to a confidential informant at her residence in Beckley. On February 17, 2022, law enforcement officers executed a search warrant at Todd’s residence and seized 189 grams of fentanyl, 56 grams of cocaine, 27 grams of heroin, a Ruger LCP .380-caliber handgun, a Taurus model 22LR handgun, a Sig Sauer model 1911 .45-caliber handgun, a Glock model 42 .380-caliber handgun, and $13,046.
Todd is scheduled to be sentenced on June 28, 2024, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley/Raleigh County Drug and Violent Crime Unit.
United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Brian D. Parsons is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-163.
Beaver County Man Sentenced to 120 Months for Child Exploitation CrimeRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Richard Rader, age 61, a resident of New Galilee, Beaver County, Pennsylvania, was sentenced to 120 months’ imprisonment by United States District Court Judge Malachy E. Mannion, for attempted online enticement of a minor.
According to the United States Attorney Gerard M. Karam, between June 20, 2022, and July 8, 2022, Rader used the internet and an electronic device to attempt to persuade, induce, entice, and coerce a person who he believed to be a 12-year-old child to engage in sexual conduct and to produce images of child pornography. During that period, on two occasions, Rader transmitted obscene photographs of himself to the purported child.
The investigation was conducted by Homeland Security Investigations – Philadelphia Division. Assistant United States Attorneys Michelle Olshefski and Tatum Wilson prosecuted the case.
The maximum penalty under federal law for this offense is life 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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Arizona Resident Charged with Bomb Hoax Against Sacramento Area ChurchRead the Press Release
salah_complaint.pdfSACRAMENTO, Calif. — A federal grand jury returned a one-count indictment Thursday against Zimnako Salah, 44, of Phoenix, Arizona, charging him with false information and hoaxes, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Nov. 12, 2023, Salah entered a church in Roseville and left a backpack affixed to a toilet in the church restroom. Evidence indicates that Salah intended to convey that the backpack contained a bomb. According to court documents, Salah also left a backpack in the sanctuary of an Arizona church in September 2023, and attempted to do the same at a La Mesa, California, church in October 2023 and a Colorado church in November 2023.
This case is the product of an investigation by the Federal Bureau of Investigation with assistance from state and local partners. Assistant U.S. Attorney Angela Scott is prosecuting the case.
If convicted, Salah faces a maximum statutory penalty of five years in prison and a $250,000 fine. Any sentence, however, would 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 charge is only an allegation; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Activists Charged in Red Powder Attack on U.S. Constitution at the U.S. ArchivesRead the Press Release
WASHINGTON – Donald Zepeda, 35, of Maryland, and Jackson Green, 27, of Utah, were charged in a superseding indictment, unsealed yesterday in U.S. District Court, with the February 14, 2024, attack on the U.S. Constitution housed at the National Archives in Washington D.C.
Zepeda and Green are charged with felony destruction of government property for dumping a fine red powder over the document’s display case in the Rotunda of the Archives building. The cost of cleaning up after the stunt, which was intended to draw attention to Climate Change, has already exceeded $50,000. In addition, the act closed the Rotunda for four days.
Green previously was charged in a separate act of vandalism at the National Gallery of Art that occurred on November 14, 2023. Green was charged with one count of destruction of National Gallery of Art property for that offense. As a result of that offense, U.S. District Court Judge Amy Berman Jackson had ordered Green to stay away from the District of Columbia and stay away from all museums or public monuments. On February 22, Judge Berman Jackson ordered that Green be held in the D.C. jail for violating the conditions of his release.
Both incidents were videotaped by supporters of Green and released online.
When he was arrested on February 28, 2024, Zepeda was headed to Raleigh, North Carolina, to meet up with another environmental protestor.
The case is being investigated by the FBI’s Washington Field Office, specifically the FBI’s Art Crime Team, and the National Archives Records Administration OIG, with assistance from the National Gallery of Art Police and U.S. Park Police. The case is being prosecuted by Assistant U.S. Attorney Cameron A. Tepfer of the U.S. Attorney’s Office for the District of Columbia.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
29 February 2024
دادستان ایالات متحده اتهاماتی بر علیه تبعه ایرانی برای کارزارسایبری چند ساله هدف قرار دادن پیمانکاران دفاعی ایالات متحده وشرکت های بخش خصوصی اعلام میکندRead the Press Release
دیمین ویلیامز، دادستان ایالات متحده برای منطقه جنوبی نیویورک؛ متیو جی. اولسن، دستیار دادستان کل برای امنیت ملی؛ برایان ورندرن، دستیار مدیر بخش سایبری اداره تحقیقات فدرال («اف بی ای»)؛ و جیمز اسمیت، دستیار مدیر مسئول دفتر منطقهای نیویورک اف بی آی، امروز بازکردن کیفرخواستی را اعلام کردند که شهروند و ساکن ایران علیرضا شفیعی نسب را متهم میکند به دست داشتن در یک کارزار سایبری برای به مخاطره انداختن دولت ایالات متحده و نهادهای خصوصی، از جمله وزارتهای خزانه داری و امور خارجه ایالات متحده، پیمانکاران دفاعی، و دو شرکت مستقر در نیویورک. این پرونده به قاضی منطقه ای ایالات متحده مری کی ویسکوسیل محول شده است. شفیعی نسب هنوز آزاد است.
دیمین ویلیامز، دادستان ایالات متحده گفت: «همانطور که ادعا میشود، علیرضا شفیعی نسب در یک کارزار سایبری با به کاربردن فیشینگ نیزهای و سایر فنون هک برای آلوده کردن بیش از ۰۰۰/۲۰۰ دستگاه قربانی شرکت کرد، که بسیاری از آنها حاوی اطلاعات دفاعی حساس یا محرمانه بودهاند. طرحهای نفوذ سایبری مانند جرمی که ادعا شده است، امنیت ملی ما را تهدید میکنند و من به شرکای مجری قانونمان و دادستانهای
حرفه ای این دفتر افتخار میکنم که با به کاربردن فناوریهای نوآورانه و اقدامات تحقیقاتی، این مجرمان سایبری را مختل و ردیابی میکنند.»متیو جی. اولسن، دستیار دادستان کل برای امنیت ملی گفت: «ادعا میشود که آقای شفیعی نسب در حالی که در ظاهر به عنوان یک کارشناس امنیت سایبری برای مشتریان مستقر در ایران کار میکرد، در یک کارزار مداوم برای به مخاطره انداختن سامانههای رایانهای بخش خصوصی و دولتی ایالات متحده شرکت داشت. اتهامات امروز روشنگر بومسازگان سایبری فاسد ایران است که در آن مجرمان آزادند که سامانههای رایانهای خارج از کشور را هدف قراردهند و اطلاعات و زیرساختهای حساس ایالات متحده را تهدید کنند. قسمت سایبری امنیت ملی ما همچنان تمرکز دارد که این طرحهای هک فرامرزی را مختل، و با آنهایی که مسئول هستند برخورد کند.»
برایان ورندرن، دستیار مدیر بخش سایبری اف بی آی گفت: «اف بی آی اهرم همه تواناییهایش را در مبارزه با سازمانهای هکری ایرانی که بخش دولتی و خصوصی آمریکا را تهدید میکنند به کار خواهد برد. ما همه را تشویق میکنیم که با رعایت بهداشت سایبری احتمال آسیبپذیری از عاملان بدخواهی مثل شفیعی نسب را تعدیل کنند. همکاری نزدیک با شرکا که امروز منجر به باز کردن این کیفرخواست شد اینجا تمام نمیشود، و ما مشتاقانه در انتظار ادامه همکاری در این فضا هستیم.»
جیمز اسمیت، دستیار مدیر مسئول دفتر منطقهای نیویورک اف بی آی گفت: «مجرمان سایبری مخاصم مصمم هستند که با به کار بردن کارزار هک به ایمنی عمومی ما آسیب بزنند و امنیت ملی ما را تهدید کنند. ادعا میشود که علیرضا شفیعی نسب در طول چندین سال در یک کارزار تهاجمی برای هدف قراردادن نهادهای دولتی ایالات متحده، پیمانکاران دفاعی، و شرکتهای مستقر در نیویورک که از نزدیک با وزارت دفاع کار میکنند شرکت میکرد. این پرونده یادآور این است که لازم است همه ما در امنیت سایبری آگاه و کوشا باشیم تا قربانی عاملان بدخواه نشویم. برای مبارزه با عاملان متخاصم دولت-ملت که در تلاش به آسیب زدن به کشورمان در فصای سایبری هستند، اف بی آی همچنان به رهبری ادامه خواهد داد.»
بر پایه اتهامات موجود در کیفرخواستی که امروز در دادگاه فدرال منهتن باز شد:۱
دست کم از سال ۲۰۱۶ تا حدود آوریل ۲۰۲۱، علیرضا شفیعی نسب و دیگر توطئهگران عضو یک سازمان هکری بودند که در یک کارزار چند ساله هماهنگ برای انجام و تلاش برای انجام نفوذهای کامپیوتری شرکت داشتند. این نفوذها بیش از دوازده شرکت آمریکایی و وزارت خزانههای داریی و امور خارجه ایالات متحده را هدف قرار دادند.
قربانیان بخش خصوصی این گروه هکری در درجه اول پیمانکاران دفاعی بودهاند که شرکتهایی هستند که برنامههای وزارت دفاع ایالات متحده را حمایت میکنند. علاوه بر این، این گروه یک شرکت حسابداری مستقر در نیویورک و یک شرکت مهماننوازی مستقر در نیویورک را هدف قرار داد.
در انجام کارزار هک خود، این گروه از فیشینگ نیزهای برای آلوده کردن رایانه های قربانی با بدافزار
استفاده کرد - یعنی فریب دادن دریافت کننده یک رایانامه برای کلیک کردن روی یک پیوند مخرب. در جریان کارزار خود علیه یک قربانی، این گروه بیش از ۰۰۰/۲۰۰ هزار حساب کاربری کارکنان را به مخاطره انداخت. در یک قربانی دیگر، توطئهگران حسابهای کاربری ۰۰۰/۲ کارمند را هدف قرار دادند. به منظور مدیریت کارزار فیشینگ نیزهای خود، این گروه یک برنامه کامپیوتری خاص ساخت و به کاربرد که توطئهگران را قادر به سازماندهی و استقرار حملات فیشینگ نیزهای کرد.در جریان این حملات فیشینگ نیزهای، توطئهگران یک حساب مدیریتی رایانامه متعلق به یک پیمانکار دفاعی («پیمانکار دفاعی-۱») را هک کردند. دسترسی به این حساب مدیریتی توطئهگران را قادر به ایجاد حساب های غیر مجاز پیمانکار دفاعی-۱ کرد، که سپس توطئهگران از آنها برای فرستادن کارزار فیشینگ نیزهای به کارکنان یک پیمانکار دفاعی دیگر و یک شرکت مشاوره استفاده کردند.
علاوه بر فیشینگ نیزهای، توطئهگران مهندسی اجتماعی به کار بردند، از جمله جا زدن خود به نام دیگران، معمولا زنان، تا اعتماد قربانیان را بدست بیاورند. این تماسهای مهندسی اجتماعی شیوه دیگر توطئه برا
شفیعی نسب در این طرحها شرکت میکرد. در طول مشارکت خود در آن طرح، او در استخدام محک رایان افراز، یک شرکت مستقر در ایران که در ظاهر خدمات امنیت سایبری ارائه میداد، اما در واقع چهرهای برای عملیات توطئهگران بود. شفیعی نسب مسئول تهیه زیرساختهای مورد استفاده توطئه بود. در طول انجام این کارها شفیعی نسب با به کاربردن هویت دزدیده شده یک فرد حقیقی یک سرور و حسابهای رایانامهای ثبت کرد که در طول عملیات سایبری به کاربرده شدند.
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شفیعی نسب، ۳۹ ساله از ایران، متهم به یک فقره توطئه برای ارتکاب تقلب کامپیوتری است که حداکثر مجازات آن پنج سال زندان است؛ یک فقره توطئه برای ارتکاب کلاهبرداری سیمی، که حداکثر مجازات آن ۲۰ سال زندان است؛ یک فقره کلاهبرداری سیمی، که حداکثر مجازات آن ۲۰ سال زندان است؛ و یک فقره سرقت هویت وخیم، که مجازات آن یک دوره پیدرپی اجباری دو سال زندان است.
حداکثر مجازاتهای بالقوه در این مورد توسط کنگره مقرر میشود و در اینجا فقط برای اطلاع ارائه شده، زیرا هر گونه مجازات متهم توسط قاضی تعیین خواهد شود.
همزمان با باز کردن کیفرخواست، برنامه «پاداش برای عدالت» وزارت امور خارجه پاداشی تا
۱۰ میلیون دلار برای اطلاعاتی که منجر به شناسایی شفیعی نسب یا مکان او میشود ارائه میدهد. هر کسی که اطلاعاتی در باره شفیعی نسب و فعالیتهای سایبری بدخواهانه او دارد با «پاداش برای عدالت» از راه کانال تور آن وزارتخانه تماس بگیرد: he5dybnt7sr6cm32xt77pazmtm65flqy6irivtflruqfc5ep7eiodiad.onion(مرورگر تور نیاز دارد).
آقای ویلیامز از کار تحقیقاتی برجسته اف بی ای، از جمله کار بخش سایبری اف بی ای، ستایش کرد.
این پرونده توسط واحد تقلبها و جرایم سایبری پیچیده اجرا می شود. دستیاران دادستان ایالات متحده رایان ب. فینکل، داینا مک کلود، و دنیل جی. نسیم مسئولین پیگرد قانونی هستند، با کمک از وکیل محاکمه متیو چنگ از قسمت سایبری بخش امنیت ملی.
اتهامات مندرج در کیفرخواست صرفا اتهام هستند، و متهم بیگناه فرض می شود مگر اینکه و تا زمانی که گناهکار بودنش ثابت شود.
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۱همانگونه که سرفصل بیان میکند، تمام متن کیفرخواست و توصیفی که کیفرخواست در اینجا مطرح میکند فقط ادعا است، و هر واقعیتی که توصیف شده است فقط باید به عنوان یک ادعا تلقی شود.
استقرار بدافزار روی رایانههای قربانی و به مخاطره انداختن آن دستگاهها و حسابها بود.
Worcester Tax Preparer Sentenced to Prison for False Tax Returns SchemeRead the Press Release
BOSTON – A tax preparer was sentenced today in federal court in Worcester for preparing false tax returns in the names of taxpayers.
Kwasi Kwarteng, 51, of Worcester, was sentenced by U.S. District Judge Margaret R. Guzman to one year and one day in prison, to be followed by one year of supervised release. Kwarteng was also ordered to pay restitution to the Internal Revenue Service in the amount of $346,186 and a special assessment of $1,300. In addition, Kwarteng was placed under a permanent injunction barring him for life from preparing or assisting in the filing of federal tax returns for any other person or entity. In April 2023, Kwarteng pleaded guilty to 13 counts of aiding and assisting in the filing of false federal tax returns.From at least 2014 through 2018, Kwarteng operated under the name KK Tax Service –despite not being registered with the IRS as required by law – filing more than 1,195 tax returns in the names of clients, charging approximately $150 per return. Kwarteng added false information to hundreds of the returns to claim deductions for fictitious medical expenses, personal property taxes, gifts to charity, Individual Retirement Account (IRA) contributions and unreimbursed employee business expenses. The false returns resulted in some clients paying lower taxes than they owed and, in most cases, resulted in clients receiving tax refunds to which they were not entitled. Kwarteng caused more than half a million dollars in losses to the IRS.
Acting United States Attorney Joshua S. Levy and Harry Chavis, Jr., Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Assistant U.S. Attorney Victor A. Wild of the Securities, Financial & Cyber Fraud Unit prosecuted the case.
Woman Pleads Guilty to Trafficking Meth, Fentanyl from MexicoRead the Press Release
ALPINE, Texas – A Mexican national pleaded guilty in a federal court in Pecos to possession with intent to distribute fentanyl and methamphetamine.
According to court documents, Sandra Araceli Diaz Vazquez, 37, of Chihuahua, Mexico, was suspected of delivering narcotics within the U.S. On Dec. 5, 2023, law enforcement officers conducted a traffic stop along Interstate 20 near Colorado City after observing Diaz Vazquez commit two moving violations. Diaz Vazquez consented to a vehicle search, which resulted in the discovery of approximately 20.2 kilograms of methamphetamine and 5.6 kilograms of fentanyl concealed within the fuel tank.
Diaz Vazquez is scheduled to be sentenced on May 29 and faces 10 years to life in prison and a $10 million fine. 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 for the Western District of Texas made the announcement.
HSI and the 32nd Judicial District Attorney’s Office are investigating the case.
Assistant U.S. Attorney Amy Greenbaum is prosecuting the case.
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United States Reaches Settlement of Law Enforcement, Tax, and Healthcare Cost Claims in Endo International Bankruptcy CaseRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York; Brian M. Boynton, the Principal Deputy Assistant Attorney General and head of the Department of Justice’s Civil Division; Patrizia Cavazzoni, M.D., the Director of the Center for Drug Evaluation and Research of the Food and Drug Administration (“FDA”); Michael Rogers, the Associate Commissioner for Regulatory Affairs of the FDA; Christi A. Grimm, the Inspector General of the Department of Health and Human Services (“HHS-OIG”); Robert P. Storch, the Inspector General of the Department of Defense (“DOD”); Michael J. Missal, the Inspector General of the Department of Veterans Affairs (“VA”); and Derek M. Holt, the Special Agent in Charge of the Office of Personnel Management – Office of Inspector General (“OPM OIG”), announced today that the United States has reached an agreement to resolve its monetary claims — including claims arising from criminal and civil investigations — against ENDO INTERNATIONAL PLC and its affiliates (together, “ENDO”), a large pharmaceutical company that previously manufactured Opana ER, a powerful branded opioid drug, in its Chapter 11 bankruptcy proceeding. As part of ENDO’s bankruptcy plan, a group of ENDO’s secured lenders will purchase ENDO’s assets and operate the business under a new corporate structure. The agreement provides that this new business will pay the United States $364.9 million over 10 years, which can be prepaid at $200 million on the bankruptcy plan’s effective date, plus up to an additional $100 million contingent on the business performance of the new company. The bankruptcy settlement, which is subject to court approval, resolves multiple federal claims against ENDO, including criminal and civil fraud claims, healthcare agency claims, and tax claims.
As part of the overall settlement, the Department of Justice announced that Endo Health Solutions, Inc. (“EHSI”), one of ENDO’s affiliates, has agreed to resolve criminal and civil investigations related to the company’s sales and marketing of the opioid drug Opana ER with INTAC (“Opana ER”). The payments required by the civil and criminal agreements will be paid as claims in the Chapter 11 bankruptcy proceedings.
Under the proposed global resolution, EHSI agreed to plead guilty in federal court in the Eastern District of Michigan to a one-count misdemeanor information charging it with violating the Federal Food, Drug, and Cosmetic Act (“FDCA”) by introducing misbranded drugs into interstate commerce. The criminal resolution includes the second-largest set of criminal financial penalties ever levied against a pharmaceutical company, including a criminal fine of $1.086 billion and an additional $450 million in criminal forfeiture. The proposed resolution includes a corporate criminal release regarding conduct relating to the sale, marketing, and distribution of Opana ER, but does not release any individual criminal liability.
EHSI also has agreed to a civil settlement of $475.6 million to resolve its civil liability under the False Claims Act. The civil settlement will address alleged losses to federal healthcare programs that paid for Opana ER.
When ENDO filed for bankruptcy in August 2022, it proposed to sell substantially all of its assets in a manner that contravened key requirements of the Bankruptcy Code. ENDO’s original proposal would have provided virtually no recovery to the federal government on account of its claims, while improperly paying several other creditor groups on account of their claims, even though they were entitled to lower or equal priority as the Government’s claims. This settlement was achieved after the Government objected to the proposed sale in Bankruptcy Court. Through the settlement, the Government has ensured both that it is compensated for its claims and that ENDO does not run afoul of the Bankruptcy Code by paying only certain of its creditors or violating the Bankruptcy Code’s priority scheme.
U.S. Attorney Damian Williams said: “Chapter 11 is an important tool for businesses to preserve value for their stakeholders. Bankruptcy protections are not a free pass to evade responsibility for criminal misconduct, civil fraud, or taxes. Today’s settlement ensures that Endo takes responsibility for its past misconduct, pays its federal debts, helps abate the nation’s opioid crisis by funding evidence-based treatment programs at the state and local level, and distributes payments to individuals harmed by the opioid epidemic.”
Principal Deputy Assistant Attorney General Brian M. Boynton said: “Companies that profit from the opioid abuse epidemic by misrepresenting the safety of their opioid products and using reckless marketing tactics to increase sales threaten the health and safety of Americans. With today’s announcement of a criminal guilty plea and a substantial civil settlement, the Department of Justice re-affirms its commitment to holding accountable those whose illegal conduct contributed to the opioid crisis.”
FDA Director Patrizia Cavazzoni, M.D. said: “Combatting the opioid epidemic remains a top public health priority for the FDA. This case demonstrates FDA and DOJ’s commitment to work collaboratively to hold drug manufacturers accountable if they fail to share accurate information with health care professionals about the risks and benefits of opioids.”
FDA Associate Commissioner Michael Rogers said: “The metrics of the opioid crisis are staggering. When companies do not provide accurate information about the safety and abuse potential of their products, they put patients at risk of abuse and addiction. Such conduct will not be tolerated, and we will aggressively pursue and bring to justice those who endanger the public health in this manner.”
HHS-OIG Inspector General Christi A. Grimm said: “The opioid crisis remains a public health emergency nationwide, and those impacted are at the forefront of our work. HHS-OIG is staunchly committed to protecting the millions of people served by federal healthcare programs from schemes such as this, while also striving to ensure they have access to necessary treatment.”
DOD Inspector General Robert P. Storch said: “The misbranding of opioids negatively impacts the integrity of TRICARE, the military’s healthcare system relied on by more than nine million service members, retirees, and their families. Today’s settlement demonstrates the ongoing commitment of the Defense Criminal Investigative Service and its law enforcement partners to promote accountability and transparency throughout the pharmaceutical industry and prosecute those who put profits ahead of patient welfare. The delivery of quality healthcare is too important to let a single dollar go to waste.”
VA Inspector General Michael J. Missal said: “Veterans and their families expect and deserve the highest quality health care delivered in a safe and accountable setting. False or misleading claims about potentially dangerous drugs put veterans’ care at risk. The VA Office of Inspector General is committed to working with our law enforcement partners to ensure the safety of those who entrust their health care to the providers and staff at VA’s 1,300 medical facilities.”
OPM OIG Special Agent in Charge Derek M. Holt said: “Protecting the health and safety of Federal employees, annuitants, and their families is a top priority for OPM OIG. Today’s criminal and civil resolutions demonstrate the exemplary work of our investigative staff, law enforcement partners, and colleagues at the Department of Justice in holding manufacturers accountable for actions that contribute to the opioid epidemic.”
The Bankruptcy Resolution
As part of ENDO’s bankruptcy plan, a group of ENDO’s secured lenders will purchase ENDO’s assets and operate the business under a new corporate structure. The agreement provides that this new business will pay the United States $364.9 million over 10 years, which can be prepaid at $200 million on the bankruptcy plan’s effective date, plus up to an additional $100 million contingent on the business performance of the new company. The bankruptcy settlement resolves multiple federal claims against ENDO, including the criminal and civil fraud claims, as well as additional healthcare agency claims and tax claims.
In addition to the Justice Department’s criminal and civil claims, the HHS Centers for Medicare and Medicaid Services (“CMS”), HHS’s Indian Health Service, and the VA have asserted claims against ENDO for the costs these programs incurred in providing medical care to treat individuals who suffer from opioid-use disorder as a result of their use of Opana ER and other opioids manufactured and sold by ENDO. CMS has also filed a claim to recover costs it incurred based on Medicare beneficiaries’ use of other ENDO products, including transvaginal mesh and ranitidine.
Finally, the Internal Revenue Service (“IRS”) filed substantial tax claims against ENDO based on ongoing audits. These audits concerned, among other things, ENDO’s valuation of assets it transferred to foreign affiliates and its payment of a large loan pre-payment penalty to a foreign affiliate for which it sought a tax deduction. A substantial majority of these payments were entitled to priority in bankruptcy over ENDO’s other unsecured claims. The health care agency and IRS claims have also been resolved though the bankruptcy settlement.
In the settlement agreement, the Government will receive up to a total of $464.9 million to satisfy all of these categories of claims in the bankruptcy. First, the Government will receive $364.9 million in 10 annual payments that can be prepaid at either party’s request. If prepaid on the effective date of the bankruptcy plan, the Government will receive $200 million. The Government will also receive up to an additional $100 million if the new company substantially exceeds its revenue projections in the next several years. The settlement agreement further precludes the new company from acquiring any unused tax credits or other beneficial tax attributes of ENDO.
Besides paying government claims, the bankruptcy plan has other significant features. Earlier in the bankruptcy case, ENDO agreed to stop promoting opioids to prescribers and to turn over millions of documents related to its role in the opioid crisis for publication in a public online archive. The new ENDO business will also make significant payments to state, local, and tribal governments to fund programs to help abate the opioid crisis. The Government has agreed to credit these payments, which will support programs to treat and prevent opioid-use disorder, against ENDO’s criminal forfeiture judgment.
In addition, one important condition in the resolution is that ENDO would cease to operate in its current form and would not emerge from the bankruptcy. Moreover, as part of its resolution with bankruptcy opioid claimants, ENDO’s affiliates have agreed to a Voluntary Operating Injunction that restrains opioid marketing and sales and requires ENDO to turn over millions of documents related to its role in the opioid crisis for publication in a public online archive.
The settlement is contingent on Bankruptcy Court approval of ENDO’s Chapter 11 plan. U.S. Bankruptcy Judge James M. Garrity has scheduled a hearing on March 19, 2024, to consider approving this plan.
The Criminal Plea
As part of the criminal plea, EHSI will admit that from April 2012 through May 2013, certain EHSI sales representatives marketed Opana ER to prescribers by touting Opana ER’s purported abuse deterrence, tamper resistance, and/or crush resistance, despite a lack of clinical data supporting those claims. According to the plea agreement, certain EHSI sales managers were aware that the sales representatives were making claims of purported abuse deterrence, tamper resistance, and/or crush resistance during sales calls, including hitting demonstration “blister packs” of non-medicated sample pills with hammers and conducting other demonstrations to convey the message that Opana ER was, in fact, crush proof and tamper resistant. The approved labeling for Opana ER did not provide adequate information for healthcare providers to safely prescribe Opana ER for use as an opioid that is abuse deterrent. According to the plea agreement, EHSI was responsible for the misbranding of Opana ER by marketing the drug with a label that failed to include adequate directions for its claimed abuse deterrence use, in violation of the FDCA.
EHSI voluntarily withdrew Opana ER from the market in 2017.
The Civil Settlement
The civil settlement announced today resolves allegations that, from 2011 to 2017, EHSI used a marketing scheme that targeted healthcare providers that EHSI knew were prescribing Opana ER for non-medically accepted indications. Aware that fewer than 10% of Opana ER prescribers wrote more than half of all Opana ER prescriptions, EHSI allegedly sought to increase its revenue from Opana ER prescriptions by focusing its marketing on those healthcare providers who prescribed the highest levels of opioids in general and Opana ER in particular. When EHSI employees raised concerns about prescribers believed to be engaged in abuse, diversion, or pill mill prescribing, EHSI allegedly ignored or minimized such concerns and continued to directly market Opana ER to such prescribers.
The allegations resolved by the civil settlement relating to EHSI’s marketing activities include that in 2015, after marketing the reformulated Opana ER for years, EHSI sought to further increase prescriptions by partnering with a consulting company to “pull[] all the levers” it could “to drive incremental growth” of Opana ER prescriptions. In what it termed a “sales force blitz,” EHSI allegedly added 3,000 priority targets to its sales representatives’ call lists, with nearly all of these priority targets chosen because they prescribed a high volume of opioids in general or Opana ER in particular. EHSI allegedly used sales goals and contests to ensure that its sales representatives targeted these outlier prescribers, including prescribers who previously had been excluded from EHSI’s call lists as posing risks of abuse and diversion.
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Mr. Williams thanked the U.S. Department of Justice’s Tax Division and Civil Division’s Commercial Litigation Branch, Corporate/Financial Litigation and Civil Fraud Sections, and Consumer Protection Branch; the U.S. Attorney’s Office for the Southern District of Florida; the IRS; the Office of the U.S. Trustee for Region 2; the HHS Office of General Counsel, CMS, and Indian Health Service; and the VA for their assistance in achieving this settlement agreement.
This bankruptcy case is being handled by the Office’s Tax & Bankruptcy Unit. Assistant U.S. Attorneys Jean-David Barnea, Peter Aronoff, and Tara Schwartz are in charge of the case.
Except to the extent that EHSI’s admissions are part of its criminal resolution, the claims resolved by the civil settlement are allegations only and there has been no determination of liability.
U.S. Attorney’s Office staff stress importance of making smart choices to local studentsRead the Press Release
MIAMI – Students from Bowman Ashe/Doolin K-8 Academy in Miami recently attended a Making Smarter Choices Field Trip at the U.S. Attorney’s Office for the Southern District of Florida.
Staff from the Law Enforcement Coordination and Community Outreach Section (LEC/COS) provided real-world examples to show students the perils of doing the wrong thing and how easy it can be to stray from the correct path.
Incarcerated inmate testimonial videos focused on lives wasted, regret and the desire for redemption.
“If I could be the good for you then maybe you could be the good for me,” said an inmate doing 25 years to life for the murder of a husband/father. “All I’m asking for is a little redemption.”
Unfortunately for him, time for redemption has passed. And that is what LEC/COS
Chief J.D. Smith stressed to the students. One mistake can change everything.
“Each day you have a choice to make,” said Smith. “Am I going to be a good person or a bad person? It’s a daily decision that is in your hands.”
The field trip is designed to motivate children to work hard, uplift themselves and their communities, and do things about which they feel passion.
“If you’re going to fail, you may as well fail at something you love,” said Smith.
The second part of the field trip consisted of a mock trial whereby students tried a murder case in a federal courtroom. Hands shot up as Smith asked who would like to be defense and prosecution attorneys. Roles also included bailiff, court clerk and jury—in which the majority of students participated. Assistant U.S. Attorney Michele S. Vigilance played the judge role.
The case centered on fraternity hazing that went too far and ended in a student’s death. Each student with a speaking role was provided a script and advised to speak clearly, loudly, and confidently.
“The team that wins will be the one that can step up to the microphone and deliver,” said Smith.
The mock trial challenges students to come out of their shells and play the part. Post field trip evaluation forms from the students routinely sing the praises of the trial, from the roles to the décor and serious nature of the courtroom.
“Many of the students we receive throughout the school year are interested in becoming lawyers,” said Smith. “Our field trip gives them a sense of what it’s like.”
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.
Community Outreach Specialist John Hampton gets sworn in by a Bowman Ashe/Doolin K-8 Academy student prior to testifying during a recent mock trial. This trial was part of the U.S. Attorney’s Office for the Southern District of Florida’s Making Smarter Choices Field Trip.
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U.S. Attorney Announces Charges Against Iranian National for Multi-Year Cyber Campaign Targeting U.S. Defense Contractors and Private Sector CompaniesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York; Matthew G. Olsen, the Assistant Attorney General for National Security; Bryan Vorndran, the Assistant Director of the Cyber Division of the Federal Bureau of Investigation (“FBI”); and James Smith, the Assistant Director in Charge of the New York Field Office of the FBI, announced today the unsealing of an Indictment charging Iranian citizen and resident ALIREZA SHAFIE NASAB for his involvement in a cyber-enabled campaign to compromise U.S. government and private entities, including the U.S. Departments of the Treasury and State, defense contractors, and two New York-based companies. The case has been assigned to U.S. District Judge Mary Kay Vyskocil. NASAB remains at large.
U.S. Attorney Damian Williams said: “As alleged, Alireza Shafie Nasab participated in a cyber campaign using spearphishing and other hacking techniques to infect more than 200,000 victim devices, many of which contained sensitive or classified defense information. Cyber intrusion schemes such as the one alleged threaten our national security, and I’m proud of our law enforcement partners and the career prosecutors of this Office for using innovative technologies and investigative measures to disrupt and track down these cybercriminals.”
Assistant Attorney General for National Security Matthew G. Olsen said: “While purporting to work as a cybersecurity specialist for Iran-based clients, Mr. Nasab allegedly participated in a persistent campaign to compromise U.S. private sector and government computer systems. Today’s charges highlight Iran’s corrupt cyber ecosystem, in which criminals are given free rein to target computer systems abroad and threaten U.S. sensitive information and critical infrastructure. Our National Security Cyber Section remains focused on disputing these cross-border hacking schemes and holding those responsible to account.”
FBI Cyber Division Assistant Director Bryan Vorndran said: “The FBI will leverage all of our capabilities in combatting the threat waged by Iranian hacker organizations against America’s public and private sector. We encourage everyone to practice proper cyber hygiene to mitigate the risk of becoming vulnerable to malicious actors like Nasab. The close collaboration with partners that led to today’s unsealed indictment does not end there, and we are looking forward to continued teamwork in this space.”
FBI New York Assistant Director in Charge James Smith said: “Hostile cybercriminals are determined to use hacking campaigns to harm public safety and threaten our national security. Alireza Nasab, over an extended number of years, allegedly participated in an aggressive campaign of cyberattacks targeting U.S. government agencies, defense contractors, and New York-based companies working closely with the Department of Defense. This case is a reminder that we all need to maintain proper cybersecurity and awareness to avoid falling victim to malicious cyber actors. The FBI will continue to lead the fight against hostile nation state actors attempting to harm our country in cyberspace.”
According to the allegations contained in the Indictment unsealed today in Manhattan federal court:[1]
From at least in or about 2016 through at least in or about April 2021, ALIREZA SHAFIE NASAB and other conspirators were members of a hacking organization that participated in a coordinated multi-year campaign to conduct and attempt to conduct computer intrusions. These intrusions targeted more than a dozen U.S. companies and the U.S. Departments of the Treasury and State.
The hacking group’s private sector victims were primarily cleared defense contractors, which are companies that support U.S. Department of Defense programs. In addition, the group targeted a New York-based accounting firm and a New York-based hospitality company.
In conducting their hacking campaigns, the group used spearphishing — that is, tricking an email recipient into clicking on a malicious link — to infect victim computers with malware. In the course of their campaigns against one victim, the group compromised more than 200,000 employee accounts. At another victim, the conspirators targeted 2,000 employee accounts. In order to manage their spearphishing campaigns, the group created and used a particular computer application, which enabled the conspirators to organize and deploy their spearphishing attacks.
In the course of these spearphishing attacks, the conspirators compromised an administrator email account belonging to a defense contractor (“Defense Contractor-1”). Access to this administrator account empowered the conspirators to create unauthorized Defense Contractor-1 accounts, which the conspirators then used to send spearphishing campaigns to employees of a different defense contractor and a consulting firm.
In addition to spearphishing, the conspirators utilized social engineering, which involved impersonating others, generally women, in order to obtain the confidence of victims. These social engineering contacts were another means the conspiracy used to deploy malware onto victim computers and compromise those devices and accounts.
NASAB took part in these schemes. During his participation in the scheme, he was employed by Mahak Rayan Afraz, an Iran-based company that purported to provide cybersecurity services, but which was, in fact, a front for the conspirators’ operations. NASAB was responsible for procuring infrastructure used by the conspiracy. During the course of this conduct, NASAB used the stolen identity of a real person in order to register a server and email accounts used in the course of the cyber campaigns.
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NASAB, 39, of Iran, is charged with one count of conspiracy to commit computer fraud, which carries a maximum sentence of five years in prison; one count of conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison; one count of wire fraud, which carries a maximum sentence of 20 years in prison; and one count of aggravated identity theft, which carries a mandatory consecutive term of two years in prison.
The 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 assigned judge.
Concurrent with the unsealing of the Indictment, the Department of State’s Rewards for Justice Program is offering a reward of up to $10 million for information leading to the identification or location of NASAB. Anyone with information on NASAB and his malicious cyberactivity should contact Rewards for Justice via their Tor-based tips-reporting channel at: he5dybnt7sr6cm32xt77pazmtm65flqy6irivtflruqfc5ep7eiodiad.onion (the Tor browser is required).
Mr. Williams praised the outstanding investigative work of the FBI, including the work of the FBI Cyber Division.
The case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Ryan B. Finkel, Dina McLeod, and Daniel G. Nessim are in charge of the prosecution, with assistance from Trial Attorney Matthew Chang of the National Security Division’s Cyber Section.
The charges contained in the Indictment 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 Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
U.S. Attorney Announces Capture of Fugitive Charged in Connection with Shooting of Five-Year-Old GirlRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York; Ralph Sozio, the U.S. Marshal for the Southern District of New York; and Edward A. Caban, the Commissioner of the New York City Police Department (“NYPD”), announced today the arrest of AUSTIN MORRISHOW, who was charged with possessing ammunition after conviction of a felony. MORRISHOW and a co-defendant, CURTIS WHITE, were congregated outside on a busy sidewalk in the Bronx the Friday before the July Fourth holiday weekend last year when they fired multiple shots at three cars in the Bronx, New York, hitting and seriously injuring a five-year-old child sitting in the backseat of one of the cars. MORRISHOW, who had been on the run since June 30, 2023, following the shooting, was arrested yesterday afternoon in the Bronx, New York. MORRISHOW’s and WHITE’s cases are assigned to District Judge Loretta A. Preska. MORRISHOW was presented and arraigned before U.S. Magistrate Judge Jennifer E. Willis today, and WHITE was previously arrested and arraigned before District Judge Paul A. Crotty.
U.S. Attorney Damian Williams said: “As alleged, Austin Morrishow recklessly fired multiple rounds of illegally possessed ammunition at innocent New Yorkers, striking and injuring a young child and endangering the lives of other bystanders. Instead of turning himself in, Morrishow fled for over seven months. Today’s arrest keeps our promise to work relentlessly with our law enforcement partners to track down and capture fugitives—whether it takes seven days, seven weeks, or seven months—and bring them to justice.”
U.S. Marshal Ralph Sozio said: “This was another successful takedown of an alleged dangerous fugitive, who was involved in the shooting of an innocent 5-year-old girl. I want to thank the Southern District of New York Warrant Squad, the NY/NJ Regional Fugitive Task Force and the NYPD for their relentless pursuit in apprehending him without incident. This is a true testament that we will be relentless in our pursuit to bring you to justice, making our city streets safe.”
NYPD Commissioner Edward A. Caban said: “This arrest is about intelligence-driven crime-fighting and, above all else, consequences. If you commit a violent felony in New York City, we will find you, we will arrest you, and we will build a case to prosecute you to the fullest extent of the law. I thank our unremitting NYPD detectives, and all the members of the U.S. Marshals Service Regional Fugitive Task Force, for taking another alleged criminal off our streets.”
As alleged in the Indictment and the Complaint:[1]
On June 30, 2023, MORRISHOW and WHITE were gathered outside at a makeshift memorial for an individual who had been shot and killed the day before. A tan sedan was parked nearby with a five-year-old girl in the backseat and her father in the front seat, waiting for two friends to arrive so that they could attend a car show. After the two friends arrived in a silver sedan and red minivan, the driver of the silver sedan pulled next to the tan sedan, revving his engine and causing it to backfire. The sound of the backfire caused MORRISHOW, WHITE, and others to scatter.
MORRISHOW took cover behind a parked vehicle and fired a .40 caliber pistol multiple times at the three cars, which began fleeing from the gunfire. A still image from surveillance video footage is below with MORRISHOW circled in red.
WHITE ran down the street after the fleeing cars, firing a .380 caliber pistol. A still image from surveillance video footage is below with WHITE circled in red.
After the victim’s father drove his daughter to safety a couple blocks away, he got out of his car to check on his daughter. Realizing that she had been shot in the back, he held her in his arms and yelled for somebody to call an ambulance. The driver of the silver car called 911. Minutes later, NYPD officers arrived and transported the victim to the hospital.
The NYPD subsequently recovered seven .40 caliber shell casings from the vicinity of the parked car near where MORRISHOW fired his gun, two .380 caliber shell casings from the street near where WHITE fired his gun, and a .380 caliber firearm from an apartment that WHITE was seen entering immediately after the shooting. MORRISHOW was not permitted to possess a firearm or ammunition because of his prior federal conviction for using and carrying a firearm during and in relation to a narcotics conspiracy, and WHITE was not permitted to possess a firearm or ammunition because of his prior state conviction for attempted first-degree assault with intent to cause serious injury with a weapon.
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MORRISHOW, 26, and WHITE, 26, both of the Bronx, New York, are each charged with one count of possession of ammunition after a felony conviction, which carries a maximum sentence of 15 years in prison.
The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Mr. Williams praised the outstanding work by the U.S. Marshals Service and the NYPD to apprehend MORRISHOW. Mr. Williams also thanked the Bureau of Alcohol, Tobacco, Firearms, and Explosives for their participation in the investigation.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Jerry J. Fang is in charge of the prosecution.
The charges contained in the Complaint and Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Two Southeastern Colorado Farmers Sentenced to Federal Prison and Will Pay over $6.5 Million for Defrauding Federal Crop Insurance ProgramsRead the Press Release
DENVER—U.S. Attorney Cole Finegan announced today that Patrick Esch and Ed Dean Jagers of Springfield, Colorado, have agreed to pay over $6.5 million to resolve allegations that they defrauded federal crop insurance programs by tampering with and damaging rain gauges.
One way the United States Department of Agriculture supports farmers and ranchers is by providing federal funding for crop insurance programs that pay indemnities when there is less than the usual amount of precipitation. Mr. Esch and Mr. Jagers concocted a scheme to defraud these insurance programs by making it appear that there was less precipitation in their area than there actually was. To carry out that scheme, the members of the conspiracy, including Mr. Esch and Mr. Jagers, tampered with and damaged rain gauges in southeast Colorado between July 2016 and June 2017 to prevent those gauges from accurately measuring rainfall. Some of the rain gauges that were tampered with belonged to the National Oceanic and Atmospheric Administration and were operated by the National Weather Service.
The conspirators used various means and methods to tamper with the rain gauges. Mr. Esch covered gauges in southeastern Colorado with agricultural equipment and used other means as well, such as filling gauges with silicone to prevent them from collecting moisture, cutting wires on the gauges, or detaching and then tipping over the bucket that collected precipitation. Mr. Jagers typically used an agricultural disc blade to cover up a rain gauge in Lamar, Colorado. This tampering created false records making it appear that less rain had fallen than was the case.
The United States investigated Mr. Esch and Mr. Jagers using civil tools, including the False Claims Act, which imposes civil penalties for certain types of fraud on the federal government, and the Financial Institutions Reform, Recovery, and Enforcement Act, which imposes civil penalties for a variety of misconduct, including knowingly making any false statement or report for the purpose of influencing in any way the action of the Federal Crop Insurance Corporation. The United States alleges that this conduct violated both statutes. Mr. Esch and Mr. Jagers have agreed to pay a combined $3.5 million to settle these civil allegations.
The United States also indicted Mr. Esch and Mr. Jagers criminally for their roles in the conspiracy. Mr. Esch and Mr. Jagers both pled guilty and were sentenced to pay a combined $3.1 million in restitution. Mr. Esch was also sentenced to be imprisoned for a term of two months. Mr. Jagers was sentenced to be imprisoned for a term of six months. The criminal action is United States v. Esch, 23-cr-00259-CNS (D. Colo.).
“Hardworking farmers and ranchers depend on USDA crop insurance programs, and we will not allow these programs to be abused,” said U.S. Attorney Cole Finegan. “This case also shows the full measure of justice that can be achieved when our office uses both civil and criminal tools to protect vital government programs.”
“The OIG works steadfastly to uphold the integrity of Federal programs, and we’ll relentlessly investigate those who defraud the American taxpayers and the Federal Government,” said Special Agent-in-Charge Shawn Dionida with the U.S. Department of Agriculture, Office of Inspector General. “We thank the U.S. Attorney’s Office and our law enforcement partners for pursuing justice until the conspirators were held accountable for tampering with government equipment for the purpose of exploiting the Federal Crop Insurance Program to fraudulently receive funds they were not entitled to receive.”
“The Department of Commerce OIG is dedicated to working with the Department of Justice and our law enforcement partners to curb fraud, waste, and abuse. We continue to vigorously investigate those individuals who seek to compromise the integrity of National Weather Service equipment and data in an effort to defraud the Federal Government. We greatly appreciate the cooperation and effort of the United States Attorney’s Office and our law enforcement partners in ensuring justice is served in this matter,” said Jeffrey Lysaght, Special Agent in Charge, U.S. Department of Commerce, Office of Inspector General.”
“These defendants orchestrated a scheme to defraud the federal government. Holding them accountable would not have been possible without assistance from our partners at the U.S. Attorney’s Office for Colorado and the Offices of the Inspector General at U.S. Department of Agriculture and U.S. Department of Commerce,” said FBI Denver Special Agent in Charge Mark Michalek. “The FBI will continue to track down opportunists who try to cheat the system for personal benefit.”
The claims resolved in the civil settlements are allegations. In agreeing to settle, Mr. Esch and Mr. Jagers did not admit liability except to the extent admitted in their guilty pleas.
The civil settlements also resolve qui tam allegations against Mr. Esch and Mr. Jagers brought in federal court by private party. The qui tam or whistleblower provisions of the False Claims Act allow a private party known as a “relator” to file an action on behalf of the United States and receive a portion of the recovery. In this case, the relator has passed away, and the relator’s estate will receive approximately $500,000. The qui tam action is United States ex rel. Fox v. Esch, 20-cv-03744-MDB (D. Colo.).
The investigations into this crop insurance fraud scheme were a coordinated effort by the U.S. Attorney’s Office for the District of Colorado, the U.S. Department of Agriculture, Office of Inspector General, the U.S. Department of Commerce, Office of Inspector General, and the FBI. The criminal matter was handled by Assistant United States Attorney Bryan Fields. The civil matter was handled by Assistant United States Attorney Jasand Mock.
Two Men Plead Guilty to Drug Trafficking ConspiracyRead the Press Release
BOSTON – Two men pleaded guilty yesterday in federal court in Boston to participating in a North Shore-based drug trafficking organization (DTO) that allegedly distributed tens of thousands of counterfeit prescription pills containing fentanyl and methamphetamine.
Isaac Clayton, 77, and Christopher Tejeda, 22, both of Lynn, pleaded guilty to one count each of conspiring to distribute and to possess with intent to distribute controlled substances. U.S. District Court Chief Judge F. Dennis Saylor IV scheduled sentencings for May 28, 2024 and July 9, 2024, respectively.
According to court documents, the DTO distributed counterfeit oxycodone pills containing fentanyl and counterfeit Adderall pills containing methamphetamine, among other things, to various individuals in the Lynn area.
As part of the conspiracy, Clayton stored various controlled substances including marijuana, cocaine, cocaine base (crack cocaine) and counterfeit oxycodone pills containing fentanyl at his apartment on behalf of the DTO. A search of his apartment in October 2022 resulted in seizure of various quantities of marijuana, cocaine base and fentanyl, as well as three loaded firearms, additional rounds of ammunition, $2,640 in drug proceeds and materials used to package and distribute controlled substances.
Additionally, on behalf of the DTO, Tejada picked up, transported and delivered controlled substances to various individuals as well as collected and delivered proceeds from drug sales.
Acting United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and John E. Mawn Jr., Interim Colonel of the Massachusetts State Police made the announcement today. Valuable assistance was provided by the Beverly, Everett, Peabody, Revere, Salem, Saugus and Swampscott Police Departments. Assistant U.S. Attorneys James E. Arnold and Evan D. Panich of the Narcotics & Money Laundering Unit are prosecuting the 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 details contained in the indictment are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Two Men Accused of Fatal St. Louis RobberyRead the Press Release
ST. LOUIS – Two men are facing federal drug charges after a fatal shooting in St. Louis in January.
Derrick Darnell Clark, 19, and Jeremiah Martez Sutton, 22, were each indicted Wednesday on one count of conspiracy to possess with the intent to distribute controlled substances and one count of aiding and abetting the discharge of a firearm in furtherance of a drug trafficking crime. The indictment alleges that the shooting occurred on Jan. 28, 2024, during the drug conspiracy.
Both men were originally charged by complaint in U.S. District Court in St. Louis February 9. Charging documents accuse the men of fatally shooting one person and seriously wounding another during a robbery in an apartment in the 900 block of Goodfellow Boulevard in St. Louis.
Clark was arrested February 22. Sutton is still being sought by authorities.
The drug conspiracy charge carries a possible penalty of up to 20 years in prison, a $1 million fine or both. The aiding and abetting the discharge of a firearm in furtherance of a drug trafficking crime carries a penalty of at least 10 years and up to life in prison, a $250,000 fine or both.
Charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The St. Louis Metropolitan Police Department and the FBI investigated the case.
Toledo man sentenced to decade in prison for armed robbery in Columbus, during which he shot a victimRead the Press Release
COLUMBUS, Ohio – Juarvez Reemos Juan Whitfield-Neeley, 25, of Toledo, was sentenced in U.S. District Court today to 121 months in prison for armed robbery.
According to court documents, in March 2020, Whitfield-Neeley shot three people during two separate robberies.
“For the sake of a few dollars, Whitfield-Neeley forever altered the life of at least three victims through gun violence,” said U.S. Attorney Kenneth L. Parker. “The resulting federal cases against him should send a clear message to Whitfield-Neeley and others that it is not worth it, and you will ultimately pay by serving time in federal prison.”
While robbing the Berkeley & Main Market in Columbus on March 15, 2020, he shot the store clerk in the back of the knee. A brief struggle ensued, and a gun in the clerk’s pocket fell to the floor. Whitfield-Neeley stole the clerk’s gun and fled.
Two weeks later, in Toledo, Whitfield-Neeley used the gun he had stolen from Columbus and fired several shots at two clerks in a corner store in Toledo. He shot both clerks in the torso, stole a gun from one of the injured clerks and took the cash from the register.
In June 2020, Whitfield-Neeley was charged in the Southern District of Ohio for the Columbus robbery and shooting. He was later taken into custody in the Northern District of Ohio, where he pleaded guilty to crimes associated with the Toledo robbery and was sentenced there to 207 months in prison. The defendant will serve his sentence for the Southern District of Ohio consecutively to the sentence he is already serving.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Daryl S. McCormick, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); and Columbus Police Chief Elaine Bryant announced the sentence imposed by U.S. District Court Judge Edmund A. Sargus, Jr. Assistant United States Attorneys David J. Twombly and Elizabeth A. Geraghty are representing the United States in this case.
Superseding Indictment Charges Hartford Man with Drug Trafficking, Gun Possession OffensesRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that a federal grand jury in New Haven has returned a superseding indictment charging LUIS DeJESUS, 29, of Hartford, with narcotics distribution and firearm possession offenses.
As alleged in court documents and statements made in court, DeJesus’s criminal history includes felony convictions in state court for criminal possession of a firearm and burglary in the third degree. In 2022, members of the Connecticut State Police’s Statewide Narcotics Task Force – North Central Office conducted a series of controlled purchases of narcotics from DeJesus. DeJesus was arrested on state charges on December 16, 2022. On that date, a court-authorized search of his Hartford residence revealed approximately 500 grams of fentanyl, 97 grams of crack cocaine, approximately one kilogram of marijuana, drug processing and packaging materials, a loaded Glock 45 9mm handgun, and approximately $52,000 cash. The case was adopted for federal prosecution and, on March 7, 2023, a grand jury returned an indictment charging DeJesus with one count of possession with intent to distribute 400 grams or more of fentanyl and a quantity of cocaine, and one count of unlawful possession of a firearm by a felon.
It is further alleged that, after his federal arrest, DeJesus was released on a $100,000 bond and into home confinement at residence of a family member on Warren Street in Hartford. DeJesus was arrested on November 20, 2023, after law enforcement executed a search warrant at the residence. As investigators entered the residence, DeJesus threw fentanyl out of a window. A search of the residence revealed an additional quantity of fentanyl, a small quantity of cocaine, and drug processing and packaging materials. In total, DeJesus is alleged to have possessed more than 400 grams of fentanyl on that date.
On February 20, 2024, the grand jury returned a superseding indictment charging DeJesus with an additional count of possession with intent to distribute 400 grams or more of fentanyl.
If convicted, DeJesus faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life for each of the narcotics offenses, and maximum term of imprisonment of 15 years for the firearm offense.
DeJesus, who has been detained since November 20, 2023, appeared today in Hartford federal court and pleaded not guilty to the charges in the superseding indictment.
U.S. Attorney Avery stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Drug Enforcement Administration’s Hartford Resident Office and the Connecticut State Police’s Statewide Narcotics Task Force – North Central Office. The case is being prosecuted by Assistant U.S. Attorney Reed Durham.
Sacramento Man Sentenced to 12 Years for Methamphetamine TraffickingRead the Press Release
SACRAMENTO, Calif. — Roberto Daniel Gomez Gonzalez, 27, of Sacramento, was sentenced today to 12 years in prison for possession with intent to distribute at least 500 grams of methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on March 30, 2020, law enforcement agents searched Gomez Gonzalez’s residence and seized more than 3 kilograms of 95% pure methamphetamine, 1,000 fentanyl pills, 228 grams of heroin, a loaded firearm, and over $8,000 in cash.
This case is the product of an investigation by the Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Cameron L. Desmond and Alexis Klein prosecuted the case.
This prosecution is part of the Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. The Sacramento Strike Force is a co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. The specific mission of the Sacramento Strike Force is to identify, investigate, disrupt, and dismantle the most significant drug trafficking organizations (DTOs) and transnational criminal organizations (TCOs) shipping narcotics, firearms, and money through the Eastern District of California, thereby reducing the flow of these criminal resources in California and the rest of the United States. The Sacramento Strike Force leads intelligence-driven investigations targeting the leadership and support elements of these DTOs and TCOs operating within the Eastern District of California, regardless of their geographic base of operations.
Sacramento Man Indicted for Being a Felon in Possession of a GunRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned indictment today against John Damian, 30, of Sacramento, charging him with being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Nov. 8, 2023, Damian was detained by law enforcement during execution of a search warrant. During the search, detectives located a loaded Glock 27 .40‑caliber semi-automatic firearm in his sweatshirt pocket. Damian is prohibited from possessing a firearm due to prior felony convictions for assault with force likely to produce great bodily injury, being a felon in possession of a firearm, assault with a semi-automatic firearm, and negligent discharge of a firearm.
This case is the product of an investigation by the Sacramento Police Department and the Federal Bureau of Investigation’s Safe Streets Task Force. Special Assistant U.S. Attorney Matthew De Moura is prosecuting the case.
If convicted, Damian faces a maximum statutory penalty of 15 years in prison and a $250,000 fine. Any sentence, however, would 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 charges are only allegations; the defendant is presumed innocent until and unless proven guilty 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 U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.
Russian International Money Launderer Pleads Guilty to Illicitly Procuring Large Quantities of U.S.-Manufactured Dual-Use, Military Grade Microelectronics for Russian EntitiesRead the Press Release
Maxim Marchenko, 51, a Russian citizen who has resided in Hong Kong, pleaded guilty today to charges of money laundering and smuggling goods from the United States. Marchenko was arrested in September 2023.
According to court documents, Marchenko operated several Hong Kong-based shell companies, including Alice Components Co. Ltd. (Alice Components), Neway Technologies Limited (Neway) and RG Solutions Limited (RG Solutions). Marchenko and two co-conspirators (CC-1 and CC-2), who are also Russian nationals, operate an illicit procurement network in Russia, Hong Kong, and elsewhere overseas. This procurement network has fraudulently obtained from U.S. distributors large quantities of dual-use, military grade microelectronics, specifically OLED micro-displays, on behalf of Russia-based end users. To carry out this scheme, Marchenko, CC-1, and CC-2 used shell companies based in Hong Kong and other deceptive means to conceal from U.S. Government agencies and U.S. distributors that the OLED micro-displays were destined for Russia. The technology that Marchenko and his co-conspirators fraudulently procured have significant military applications, such as in rifle scopes, night-vision googles, thermal optics and other weapon systems.
“By his own admission, Mr. Marchenko conspired to smuggle military-grade technology to Russia, using a complex network of front companies to hide his illicit activity,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Today, once again, the Justice Department is holding accountable those who would enable the Kremlin and its unjust war of aggression against Ukraine.”
“Today, Maxim Marchenko admitted in court that he illicitly sought to procure U.S.-manufactured, military grade microelectronics to deliver to end users in Russia,” said U.S. Attorney Damian Williams for the Southern District of New York. “Marchenko concealed his scheme to funnel these microelectronics – which had application for use in rifle scopes, night-vision goggles, thermal optics and other weapons systems – by using shell companies and other elaborate money laundering techniques. Today’s guilty plea should send a strong message to those who attempt to break the law by supplying Russia with U.S. military technology that this office will vigorously pursue such smuggling schemes and hold those involved to full account.”
“Today’s guilty plea demonstrates the FBI’s relentless pursuit of justice as we put yet another individual who tried to illegally transport military-grade U.S. technology to Russia behind bars,” said Executive Assistant Director of the FBI's National Security Branch Larissa L. Knapp. “We will continue to collaborate with our partners to protect our national security and prevent the smuggling of such goods which could benefit authoritarian adversaries.”
“The Russian military relies on illicit procurement networks, including the one Marchenko operated here, to perpetrate their brutal war against the Ukrainian people,” said Matthew Axelrod, Assistant Secretary of Commerce for Export Enforcement. “We will continue to leverage all of our authorities to combat the transshipment of U.S. parts through third countries, like the People’s Republic of China, to the Russian military.”
To perpetrate the scheme, Marchenko and other members of the conspiracy acquired the dual-use OLED micro-displays from U.S.-based distributors using Marchenko’s Hong Kong-based shell companies, including Alice Components, Neway and RG Solutions. Members of the conspiracy, including Marchenko, procured these sensitive microelectronics by falsely representing to the U.S. distributors (who, in turn, are required to report to U.S. agencies) that Alice Components was sending the shipments to end users located in China, Hong Kong and other countries outside of Russia for use in electron microscopes for medical research. In reality, the OLED micro-displays were destined for end users in Russia. Marchenko and other members of the conspiracy concealed the true final destination (Russia) from U.S. distributors for the purpose of causing false statements to the U.S. agencies.
To conceal the fact that these OLED micro-displays were destined for Russia, Marchenko and other members of the conspiracy worked together to transship the illicitly procured OLED micro-displays by using pass-through entities principally operated by Marchenko in third countries, such as Hong Kong. Marchenko then caused the OLED micro-displays to be shipped to the ultimate destination in Russia using, among other entities, a freight forwarder known to provide freight forwarding services to Russia. In addition, Marchenko and other members of the conspiracy used Hong Kong-based shell companies, principally operated by Marchenko, to conceal the fact that payments for the OLED micro-displays were coming from Russia. In total, between in or about May 2022 and in or about August 2023, Marchenko’s shell companies funneled a total of more than $1.6 million to the United States in support of the procurement network’s efforts to smuggle the OLED micro-displays to Russia.
Marchenko pleaded guilty to one count of money laundering, which carries a maximum penalty of 20 years in prison, and one count of smuggling goods from the United States which carries a maximum penalty of up to 10 years in prison. He is scheduled to be sentenced on May 29 in Manhattan. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI and Commerce Department’s Bureau of Industry and Security are investigating the case.
Assistant U.S. Attorneys Jennifer N. Ong and Shiva H. Logarajah for the Southern District of New York are in charge of the prosecution, with assistance from Trial Attorney Garrett Coyle of the Counterintelligence and Export Control Section.
Today’s actions were coordinated through the Justice Department’s Task Force KleptoCapture and the Justice and Commerce Departments’ Disruptive Technology Strike Force. Task Force KleptoCapture is an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export restrictions and economic countermeasures that the United States has imposed, along with its allies and partners, in response to Russia’s unprovoked military invasion of Ukraine. The Disruptive Technology Strike Force is an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains, and prevent critical technology from being acquired by authoritarian regimes and hostile nation states.
Russian International Money Launderer Pleads Guilty to Illicitly Procuring Large Quantities of U.S.-Manufactured Dual-Use, Military Grade Microelectronics for Russian EntitiesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Matthew G. Olsen, the Assistant Attorney General of the Justice Department’s National Security Division, announced today that MAXIM MARCHENKO pled guilty to charges of money laundering and smuggling goods from the U.S. MARCHENKO was arrested in September 2023 and pled guilty earlier today before U.S. Magistrate Judge Victoria Reznik.
U.S. Attorney Damian Williams said: “Today, Maxim Marchenko admitted in court that he illicitly sought to procure U.S.-manufactured, military grade microelectronics to deliver to end users in Russia. Marchenko concealed his scheme to funnel these microelectronics – which had application for use in rifle scopes, night-vision goggles, thermal optics, and other weapons systems – by using shell companies and other elaborate money laundering techniques. Today’s guilty plea should send a strong message to those who attempt to break the law by supplying Russia with U.S. military technology that this Office will vigorously pursue such smuggling schemes and hold those involved to full account.”
Assistant Attorney General Matthew G. Olsen said: “By his own admission, Mr. Marchenko conspired to smuggle military-grade technology to Russia, using a complex network of front companies to hide his illicit activity. Today, once again, the Justice Department is holding accountable those who would enable the Kremlin and its unjust war of aggression against Ukraine.”
According to the allegations contained in the Information, the allegations in the Complaint, and other filings and statements made in public court proceedings:
At all relevant times, MARCHENKO was a Russian national who resided in Hong Kong and operated several Hong Kong-based shell companies. MARCHENKO and two co-conspirators (“CC-1” and “CC-2”), who are also Russian nationals, operated an illicit procurement network in Russia, Hong Kong, and elsewhere overseas. This procurement network fraudulently obtained from U.S. distributors large quantities of dual-use, military grade microelectronics, specifically OLED micro-displays, on behalf of Russia-based end users. To carry out this scheme, MARCHENKO, CC-1, and CC-2 used shell companies based in Hong Kong and other deceptive means to conceal from U.S. government agencies and U.S. distributors that the OLED micro-displays were destined for Russia. The technology that MARCHENKO and his co-conspirators fraudulently procured had significant military applications, such as in rifle scopes, night-vision googles, thermal optics, and other weapon systems.
To perpetrate the scheme, MARCHENKO and other members of the conspiracy acquired the dual-use OLED micro-displays from U.S.-based distributors using MARCHENKO’s Hong Kong-based shell companies. Members of the conspiracy, including MARCHENKO, procured these sensitive microelectronics by falsely representing to the U.S. distributors (who, in turn, are required to report to U.S. agencies) that the Hong Kong shell entity was sending the shipments to end users located in China, Hong Kong, and other countries outside of Russia for use in electron microscopes for medical research. In reality, the OLED micro-displays were destined for end users in Russia. MARCHENKO and other members of the conspiracy concealed the true destination (Russia) from U.S. distributors for the purpose of causing false statements to the U.S. agencies.
To conceal the fact that these OLED micro-displays were destined for Russia, MARCHENKO and other members of the conspiracy worked together to transship the illicitly procured OLED micro-displays by using pass-through entities principally operated by MARCHENKO in third countries, such as Hong Kong. MARCHENKO then caused the OLED micro-displays to be shipped to the ultimate destination in Russia using, among other entities, a freight forwarder known to provide freight forwarding services to Russia. In addition, MARCHENKO and other members of the conspiracy used Hong Kong-based shell companies, principally operated by MARCHENKO, to conceal the fact that payments for the OLED micro-displays were coming from Russia.
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MARCHENKO, 51, a Russian citizen who resided in Hong Kong, pled guilty to one count of money laundering, which carries a maximum sentence of 20 years in prison, and one count of smuggling goods from the U.S., which carries a maximum sentence of 10 years in prison. MARCHENKO is scheduled to be sentenced on June 6, 2024, before the Honorable Nelson S. Román.
The maximum potential sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation (“FBI”) and its New York Field Office, Counterintelligence Division and the New York Field Office of the Bureau of Industry and Security of the Department of Commerce. Mr. Williams also thanked the FBI’s Legal Attaché office in Australia; the U.S. Department of State’s Diplomatic Security Service; the Department of Justice’s National Security Division, Counterintelligence and Export Control Section; and the Office of International Affairs of the Department of Justice’s Criminal Division for their assistance.
This case is being handled by the Office’s Illicit Finance & Money Laundering Unit and White Plains Division. Assistant U.S. Attorneys Jennifer N. Ong and Shiva H. Logarajah are in charge of the prosecution, with assistance from Trial Attorney Garrett Coyle of the National Security Division’s Counterintelligence and Export Control Section.
This case was coordinated through the Justice Department’s Task Force KleptoCapture, an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export controls and economic countermeasures that the U.S., along with its foreign allies and partners, has imposed in response to Russia’s unprovoked military invasion of Ukraine. Announced by the Attorney General on March 2, 2022, and under the leadership of the Office of the Deputy Attorney General, the task force will continue to leverage all of the department’s tools and authorities to combat efforts to evade or undermine the collective actions taken by the U.S. government in response to Russian military aggression.
Rockford Man Sentenced to Nine Years in Federal Prison for Trafficking Fentanyl and Illegally Possessing a FirearmRead the Press Release
ROCKFORD — A Rockford man has been sentenced to nine years in federal prison for trafficking fentanyl and crack cocaine and illegally possessing a firearm.
DERRICK A. MAYES JR., 32, pleaded guilty last year to knowingly and intentionally possessing more than 260 grams of fentanyl and nearly 97 grams of crack cocaine, and unlawfully possessing the firearm. U.S. District Judge Iain D. Johnston on Wednesday sentenced Mayes to 108 months in federal prison.
Mayes admitted in a plea agreement that he illegally possessed the drugs and firearm on April 29, 2021, in his apartment and vehicle. The firearm was a loaded Smith & Wesson MP9 Shield handgun. Mayes had previously been convicted of a felony and was prohibited from possessing the gun. Mayes further admitted that in 2020 and 2021 he sold distribution quantities of fentanyl and crack cocaine to confidential informants.
The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, and Sheila G. Lyons, Special Agent-in-Charge of the Chicago Field Division of the U.S. Drug Enforcement Administration. The Winnebago County Sheriff’s Office assisted in the investigation. The government was represented by Assistant U.S. Attorney Robert S. Ladd.
Holding illegal firearm possessors accountable through federal prosecution is a centerpiece of Project Safe Neighborhoods (PSN) – the Department of Justice’s violent crime reduction strategy. In the Northern District of Illinois, the U.S. Attorney’s Office and law enforcement partners have deployed the PSN program to attack a broad range of violent crime issues facing the district, particularly firearm offenses.
Red Lake Man Sentenced to 83 Months in Prison for Sexual Abuse of a MinorRead the Press Release
MINNEAPOLIS – A Red Lake man has been sentenced to 83 months in prison followed by seven years of supervised release for sexually abusing a minor on the Red Lake Indian Reservation, announced U.S. Attorney Andrew M. Luger.
According to court documents, on August 27, 2022, Ronald Royce Pearson, 63, was visiting a residence on the Red Lake Indian Reservation. While there, Pearson engaged in a sexual act with a minor.
On September 6, 2023, Pearson pleaded guilty in U.S. District Court to one count of sexual abuse of a minor. He was sentenced yesterday by Judge Nancy E. Brasel.
This case is the result of an investigation conducted by the FBI, the Red Lake Police Department, and the U.S. Customs and Border Protection.
Assistant U.S. Attorney Lindsey E. Middlecamp prosecuted the case.
Recidivist Drug Trafficker Sentenced to 175 Months in Prison for Causing Overdose Death of 26-Year-Old VictimRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Edward A. Caban, the Commissioner of the New York City Police Department (“NYPD”), announced that ROY ESCOBAR was sentenced today to 175 months in prison by U.S. District Judge Andrew L. Carter Jr. for his years of fentanyl trafficking, which caused the overdose death of a 26-year-old man (the “Victim”) in Brooklyn, New York. ESCOBAR, who previously pled guilty to one count of conspiracy to distribute narcotics, operated his drug trafficking business alongside his two adult sons, Pablo Escobar and Roy Escobar Jr., who have also pled guilty and are awaiting sentencing.
U.S. Attorney Damian Williams said: “Roy Escobar’s actions have left a path of ruin in their wake. He contributed to the flood of fentanyl plaguing our communities, causing the death of a young man with a bright future ahead of him. He did all of this despite repeated prior drug trafficking charges and convictions, and he involved his own sons in this criminal activity. Escobar’s sentence is an important step toward bringing justice to his victims, and it reaffirms our unwavering commitment to combating this ongoing fentanyl crisis by holding drug traffickers like Escobar accountable.”
NYPD Commissioner Edward A. Caban said: “This meaningful prison sentence assures New Yorkers that the NYPD and our law enforcement partners refuse to tolerate the illegal distribution of these poisons in our neighborhoods. I commend our courageous undercover officer in this case, and I thank our colleagues at the Office of the U.S. Attorney for the Southern District of New York, for continuing to be highly effective partners in our public safety mission.”
According to the sentencing papers and the Court’s determinations at the sentencing hearing:
On May 13, 2022, ROY ESCOBAR texted with the Victim to arrange a sale of what the Victim understood to be heroin. The Victim confided to ESCOBAR that he was “scared about the fent,” i.e., fentanyl, but ESCOBAR reassured the Victim that he understood the concern, and that he had heroin for sale. At approximately 10:30 p.m. that night, ESCOBAR arrived outside the Victim’s apartment and sold the Victim the drugs. Three days later, the Victim was found dead in his apartment, having overdosed the day prior on the drugs sold to him by ESCOBAR. Unbeknownst to the Victim, the drugs that he purchased from ESCOBAR in fact contained no heroin, but rather fentanyl and fentanyl analogue — far more potent, and deadly, substances — and the Victim died as a result of having consumed them.
Following the Victim’s death, officers with the NYPD recovered the Victim’s phone and discovered his communications with ESCOBAR. An undercover NYPD officer (the “UC”) subsequently contacted ESCOBAR and began discussions concerning the purchase of narcotics.
ESCOBAR sold fentanyl to the UC eight times over the next several months. Each time, the UC requested heroin and was led to believe that he was buying heroin, but the drugs that ESCOBAR sold in fact contained fentanyl and fentanyl analogue — the same fatal drugs that ESCOBAR sold to the Victim.
Although ESCOBAR was the primary point of contact for the UC, ESCOBAR also involved his young adult sons, co-defendants Pablo Escobar and Roy Escobar Jr., in the narcotics trafficking. ESCOBAR explained to the UC that if ESCOBAR was ever unavailable, Pablo Escobar would be available to sell narcotics to the UC on ESCOBAR’s behalf. And, on two separate occasions, ESCOBAR sent Roy Escobar Jr. to deliver the drugs to the UC in ESCOBAR’s place.
On October 18, 2022, ESCOBAR and his sons were arrested in connection with this investigation. Later that day, NYPD officers conducted searches of ESCOBAR’s residence in East Rockaway, New York, and a nearby storage unit rented in Roy Escobar Jr.’s name. During their searches, the officers recovered approximately 4.5 kilograms of cocaine, 198 grams of fentanyl analogue, five grams of crack cocaine, 163 grams of methamphetamine, and drug trafficking paraphernalia, including drug packaging materials that matched packaging recovered from the Victim’s apartment, near the Victim’s body.
The investigation further revealed that ESCOBAR had been significantly involved in this pattern of narcotics trafficking since at least as early as April 2018. Specifically, the evidence showed that beginning in April 2018, a Venmo account used by ESCOBAR for drug sales received more than 2,000 separate payments, with an average transaction amount of $168.74 and a total amount of $347,772.25.
ESCOBAR engaged in much of this conduct, including the sale of fatal drugs to the Victim, while he was already facing pending drug charges in New York state court. ESCOBAR had also previously been convicted for narcotics offenses in 2015 and 2002.
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In addition to the prison term, ESCOBAR, 46, a Bolivian national residing in East Rockaway, New York, was sentenced to five years of supervised release, ordered to forfeit $55,803, and ordered to pay a $100 mandatory special assessment.
Mr. Williams praised the outstanding investigative work of the NYPD, as well as the Special Agents and Task Force Officers from the U.S. Attorney’s Office for the Southern District of New York involved in this investigation.
This case is being handled by the Office’s Narcotics Unit. Assistant U.S. Attorneys Jonathan L. Bodansky and Andrew Jones are in charge of the prosecution.
Port Charlotte Man Pleads Guilty to Wire Fraud Related to NASA’s Space Launch SystemRead the Press Release
Orlando, FL – United States Attorney Roger B. Handberg announces that Steven Lukens (54, Port Charlotte) has pleaded guilty to wire fraud. Lukens faces a maximum penalty of 20 years in federal prison and has agreed to forfeit $271,024.35, which are traceable to proceeds of the offense. The sentencing hearing is scheduled for May 22, 2024.
According to the plea agreement, Lukens was the Chief Executive Officer of Gulf Atlantic International Supply, LLC (Gulf Atlantic). Gulf Atlantic entered into a sub-contract with Company-1 to procure materials needed for NASA’s space launch system at the Kennedy Space Center. However, Lukens submitted products that did not meet the quality standards and specifications required under the contract. Lukens then fraudulently led Company-1 to believe that the products met the required standards by submitting forged quality control documentation.
In total, Lukens submitted at least 191 fraudulent quality control documents to Company-1. These included fraudulent Certificates of Compliance, fraudulent Pressure Testing Certificates, and fraudulent test reports. Lukens’s materially false, fraudulent, and misleading representations caused Company-1 to pay Gulf Atlantic at least $271,024.35 for the parts it submitted.
This case was investigated by the NASA Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Rachel Lyons, with assistance from Assistant United States Attorney Shannon Laurie.
Poplar Bluff Man Sentenced to Serve 10 Years in Federal Prison on Drug and Firearm ChargesRead the Press Release
CAPE GIRARDEAU – A Poplar Bluff, Missouri man on Wednesday was sentenced to serve 10 years in federal prison after pleading guilty to drug-trafficking and firearm related charges.
Samuel D. Moore, 27, appeared for his sentencing hearing before U.S. District Judge Stephen N. Limbaugh, Jr. at the federal courthouse in Cape Girardeau.
According to court documents, law enforcement officers were dispatched to Moore’s residence in Poplar Bluff last July in response to a reported domestic assault. Officers obtained a search warrant for the premises after observing multiple firearms and drug paraphernalia items inside the residence. Large quantities of various controlled substances were subsequently discovered inside Moore’s Chevy Tahoe, including a box containing 30 pounds of marijuana divided into one-pound bags. Inside that same box, officers found a 9mm semi-automatic pistol with an attached 50-round high-capacity drum magazine. At his guilty plea hearing last November, Moore admitted that he intended to sell the marijuana for profit and that he possessed the firearm in furtherance of his drug-trafficking activities.
After serving the 10-year sentence, Moore will be placed on supervised release for three years.
Felony state charges for domestic assault remain pending in the Circuit Court of Butler County, Missouri. As in all criminal cases, Moore is presumed to be innocent unless and until proven guilty.
This case was investigated by the Butler County Sheriff’s Department. Assistant U.S. Attorney Jack Koester prosecuted the case.
Pennsylvania Man Pleads Guilty to Maintaining Fictitious "SuperPac," and Credit Card FraudRead the Press Release
WASHINGTON – Christopher Richardson, 37, of Langhorne, Pennsylvania, pleaded guilty today to falsifying a report filed with the Federal Election Commission (FEC) and credit card fraud, both felony offenses, announced U.S. Attorney Matthew M. Graves, Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Assistant Director in Charge David Sundberg of the FBI Washington Field Office, and Special Agent in Charge Scott Moffit of the Treasury Inspector General for Tax Administration (TIGTA) – Cybercrime Investigations Division.
According to court documents, in March of 2020, Richardson created an independent expenditure-only political action committee, or “SuperPAC,” named Americans for Progressive Action USA (AFPA) using fictitious names for AFPA’s treasurer and designated agent. Richardson then filed a falsified quarterly report with the FEC claiming that AFPA had raised $4.8 million. Several weeks later, he filed a report of expenditures that falsely claimed that the SuperPAC spent over $1.5 million to purchase advertisements and media production opposing certain candidates for the United States Senate. AFPA’s quick fundraising and spending attracted media scrutiny, questioning the veracity of the FEC reports. Richardson then filed another FEC report that falsely stated that AFPA has refunded the non-existent $4.8 million in donations. For his knowing falsification of the FEC report claiming to make $1.5 million in expenditures, Richardson pleaded guilty to making a false entry in a record. He, separately, pleaded guilty to credit card fraud for the falsification of a credit card application using a stolen social security number.
U.S. District Court Judge Trevor N. McFadden scheduled sentencing for June 13, 2024. Richardson faces a maximum penalty of 20 years in prison on the false entry count and a maximum penalty of 10 years in prison on the credit card fraud count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by the FBI’s Washington Field Office and the TIGTA Cybercrime Investigations Division. It is being prosecuted by Assistant U.S. Attorney Joshua Gold of the U.S. Attorney’s Office for the District of Columbia and Trial Attorney Ryan R. Crosswell of the Criminal Division’s Public Integrity Section with assistance from Assistant U.S. Attorney Ahmed Baset of the U.S. Attorney’s Office for the District of Columbia.
Pennsylvania Man Pleads Guilty to Bribing a Federal Official and Defrauding the Federal Aviation Administration in Moses Lake, WashingtonRead the Press Release
Spokane, Washington – Yesterday, Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced that Christopher Hamilton Clemens, age 42, currently of Harrisburg, Pennsylvania, and formerly of Clarkston, Washington, pleaded guilty to Conspiracy to Defraud the United States in connection with bribing a federal contracting official with the Department of Interior’s Bureau of Indian Affairs (“BIA”) and fraudulently obtaining a contract with the Federal Aviation Administration (“FAA”) in Moses Lake, Washington.
According to the plea agreement, Calandra Charging Eagle was a contracting official at the BIA, in its Albuquerque, New Mexico office. BIA is a federal agency that, among other things, provides funding and oversight for improvement projects on American Indian land and facilities. One of Defendant Clemens’ companies, Hamilton’s West, was a government contracting company owned and operated by Clemens, which competed and sought to compete for BIA and other federal government contracts.
According to court documents, through her position as a contracting official at BIA, Charging Eagle had access to internal and confidential BIA estimates and other information regarding potential contracts, and had a role in approving contracts, modifications, and invoices. In 2018, between June and October, according to the plea agreement, Clemens and Charging Eagle engaged in a bribery scheme in which Clemens agreed to pay a $10,700 debt owed by Charging Eagle to the Sandia Resort and Casino, a resort, casino, and event center located in Albuquerque. In return, according to court documents, Charging Eagle agreed to use her position to steer BIA contracts, including an over half-million dollar contract to provide lightning protection improvements at the Navajo Nation’s Pine Hill School in New Mexico, to Clemens and his companies. According to court documents, Charging Eagle provided Clemens and his companies with inside confidential information regarding BIA’s procurement process, including, but not limited to, providing Clemens and his companies with confidential and internal BIA information in order to provide Clemens and his companies with an unfair competitive advantage in obtaining the Pine Hill School lightning protection contract and other BIA contracts.
On October 21, 2020, a grand jury returned an indictment charging Clemens and Charging Eagle with Conspiracy to Defraud the United States and felony counts of paying and accepting a bribe, respectively. On December 9, 2021, Charging Eagle pleaded guilty to one count of violating 18 U.S.C. Sec. 201(b)(2), Public Official Accepting a Bribe, as a result of her role in the scheme and conspiracy with Clemens, and on March 17, 2022, Charging Eagle was sentenced to two-years of probation. United States v. Charging Eagle, Case No. 2:20-CR-00142-TOR.
Prior to Charging Eagle pleading guilty to bribery, Clemens entered into a pre-trial diversion agreement with regard to the bribery scheme where he agreed to, and was ordered by the Court to, among other things, not commit any more crimes and to not engage in any federal contracting or subcontracting for a period of five years. According, to court documents, in January 2022, approximately two months after being ordered to not engage in federal contracting, Clemens falsely certified, through a new company, that he was not prohibited from engaging in federal contracting.
Based on Clemens’ false and fraudulent certification, according to the plea agreement, in August of 2022 Clemens went on, through the new company, to fraudulently obtain a design-build contract in Moses Lake, Washington, with the Federal Aviation Administration (FAA). According to Clemens’ plea, between August of 2022 and October of 2023, while Clemens held himself out as the vice president of the new company, the FAA paid $479,818 to the new company under the design-build contract that it would not have paid had it known that Clemens had falsely and fraudulently represented that he was eligible to engage in federal contracting. Clemens admitted in his plea agreement that he conspired with others to perpetrate the fraud on the FAA as part of his overall conspiring to defraud the United States including his earlier bribe to Charging Eagle to get BIA contracts.
“Bribing a federal official is a serious violation that undermines the basic fairness that we all expect and deserve from our government,” said United States Attorney Waldref. “Similarly, ignoring a court order and continuing to fraudulently engage in federal contracting cannot and will not be tolerated,” said U.S. Attorney Waldref. “I want to thank our law enforcement partners, especial the Department of Interior, Office of Inspector General, Western Region, for their tremendous and longstanding efforts in rooting out this conspiracy.”
This case was investigated by the Department of Interior, Office of Inspector General Western Region. Assistant United States Attorneys Tyler Tornabene and Dan Fruchter are prosecuting the case on behalf of the United States. Sentencing in this matter is scheduled for May 29, 2024, at 11:00 am in the Thomas Foley Federal Building and U.S. Court House in Spokane, Washington.
United States v. Christopher Hamilton Clemens, Case No: 2-24-CR-00030-TOR.
Orleans Parish Man Sentenced for Concealment of Bankruptcy AssetsRead the Press Release
NEW ORLEANS – JOSHUA BORGES (“BORGES”), age 38 and a resident of New Orleans, was sentenced on February 28. 2024 by U.S. District Court Judge Carl J. Barbier to 2 years probation after BORGES previously pleading guilty to concealment of assets in connection with a bankruptcy, announced U.S. Attorney Duane A. Evans.
According to court records, on or about April 17, 2018, BORGES knowingly and fraudulently failed to disclose property that belonged to him in a bankruptcy case. Specifically, he knowingly and fraudulently failed to disclose to the trustee charged with control of the debtor’s property and from the creditors and the United States Trustee, $9,000.00 in cash on hand, and his business interest in Elite Enterprise Holding, LLC, which had a value of at least approximately $89,771.08.
In addition to the sentence, BORGES was sentenced to payment of a $5,5000 fine and a mandatory special assessment fee of $100. A restitution hearing has been set for May 9, 2024, to determine the loss to the victims in his bankruptcy proceeding.
The U.S. Attorney’s Office would also like to acknowledge the assistance of the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigations, and the Office of the U.S. Trustee for the Eastern District of Louisiana with this matter. The prosecution of this case is being handled by Assistant U.S. Attorneys Edward Rivera of the Financial Crimes Unit and Andre Lagarde of the Public Integrity Unit.
Opioid Manufacturer Endo Health Solutions Inc. Agrees to Global Resolution of Criminal and Civil Investigations into Sales and Marketing of Branded Opioid DrugRead the Press Release
Endo Health Solutions Inc. (EHSI), which is in bankruptcy, has agreed to resolve criminal and civil investigations related to the company’s sales and marketing of the opioid drug Opana ER with INTAC (Opana ER), the Justice Department announced today. The United States has also reached an agreement in Endo’s bankruptcy case to settle its monetary claims arising from the criminal and civil settlements, as well as additional tax and healthcare related claims. Under the bankruptcy agreement, the government will be paid up to $464.9 million over 10 years. EHSI’s entry into all of these agreements is subject to the approval of the U.S. Bankruptcy Court in the Southern District of New York.
Under the proposed criminal resolution, EHSI agreed to plead guilty in federal court in the Eastern District of Michigan to a one-count misdemeanor information charging it with violating the Federal Food, Drug and Cosmetic Act (FDCA) by introducing misbranded drugs into interstate commerce. The criminal resolution includes the second-largest set of criminal financial penalties ever levied against a pharmaceutical company, including a criminal fine of $1.086 billion and an additional $450 million in criminal forfeiture. The proposed resolution includes a corporate criminal release regarding conduct relating to the sale, marketing, and distribution of Opana ER, but does not release any individual criminal liability.
EHSI also has agreed to a civil settlement of $475.6 million to resolve its civil liability under the False Claims Act (FCA). The civil settlement will address alleged losses to federal healthcare programs that paid for Opana ER.
Endo International plc and several of its affiliates, including EHSI (together, Endo), commenced Chapter 11 bankruptcy proceedings in the Southern District of New York on Aug. 16, 2022. Today, the United States announced that it also reached an agreement to resolve all of its monetary claims against the debtors — including the claims arising from the criminal plea and civil settlement — in Endo’s bankruptcy cases. In addition to the criminal and civil settlement resolutions, the bankruptcy settlement provides payment for claims for unpaid taxes and for costs incurred by federal healthcare agencies to treat individuals harmed by Endo’s products. As noted, under the bankruptcy agreement, the government will be paid up to $464.9 million over 10 years.
“Companies that profit from the opioid abuse epidemic by misrepresenting the safety of their opioid products and using reckless marketing tactics to increase sales threaten the health and safety of Americans,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “With today’s announcement of a criminal guilty plea and a substantial civil settlement, the Justice Department re-affirms its commitment to holding accountable those whose illegal conduct contributed to the opioid crisis.”
“Chapter 11 is an important tool for businesses to preserve value for their stakeholders. Bankruptcy protections are not a free pass to evade responsibility for criminal misconduct, civil fraud, or taxes,” said U.S. Attorney Damian Williams for the Southern District of New York. “Today’s settlement ensures that Endo takes responsibility for its past misconduct, pays its federal debts, helps abate the nation’s opioid crisis by funding evidence-based treatment programs at the state and local level and distributes payments to individuals harmed by the opioid epidemic.”
“Combating the opioid epidemic remains a top public health priority for the Food and Drug Administration (FDA),” said Director Patrizia Cavazzoni, M.D. of FDA’s Center for Drug Evaluation and Research. “This case demonstrates FDA and the Justice Department’s commitment to work collaboratively to hold drug manufacturers accountable if they fail to share accurate information with health care professionals about the risks and benefits of opioids.”
“The metrics of the opioid crisis are staggering. When companies do not provide accurate information about the safety and abuse potential of their products, they put patients at risk of abuse and addiction,” said Associate Commissioner Michael Rogers of FDA’s Regulatory Affairs. “Such conduct will not be tolerated, and we will aggressively pursue and bring to justice those who endanger the public health in this manner.”
One important condition in the resolution is that Endo would cease to operate in its current form and would not emerge from the bankruptcy. Moreover, as part of its resolution with the opioid claimants, Endo’s affiliates have agreed to a Voluntary Operating Injunction that restrains opioid marketing and sales and requires Endo to turn over millions of documents related to its role in the opioid crisis for publication in a public online archive.
The Criminal Plea
As part of the plea, EHSI will admit that from April 2012 through May 2013, certain EHSI sales representatives marketed Opana ER to prescribers by touting Opana ER’s purported abuse deterrence, tamper resistance, and/or crush resistance, despite a lack of clinical data supporting those claims. According to the plea agreement, certain EHSI sales managers were aware that the sales representatives were making claims of purported abuse deterrence, tamper resistance, and/or crush resistance during sales calls, including hitting demonstration “blister packs” of non-medicated sample pills with hammers and conducting other demonstrations to convey the message that Opana ER was, in fact, crush proof and tamper resistant. The approved labeling for Opana ER did not provide adequate information for healthcare providers to safely prescribe Opana ER for use as an opioid that is abuse deterrent. According to the plea agreement, EHSI was responsible for the misbranding of Opana ER by marketing the drug with a label that failed to include adequate directions for its claimed abuse deterrence use, in violation of the FDCA.
EHSI voluntarily withdrew Opana ER from the market in 2017.
The Civil Settlement
The civil settlement announced today resolves allegations that, from 2011 to 2017, EHSI used a marketing scheme that targeted healthcare providers that EHSI knew were prescribing Opana ER for non-medically accepted indications. Aware that fewer than 10% of Opana ER prescribers wrote more than half of all Opana ER prescriptions, EHSI allegedly sought to increase its revenue from Opana ER prescriptions by focusing its marketing on those healthcare providers who prescribed the highest levels of opioids in general and Opana ER in particular. When EHSI employees raised concerns about targeting prescribers believed to be engaged in abuse, diversion or pill mill prescribing, EHSI allegedly ignored or minimized such concerns and continued to directly market Opana ER to such prescribers.
The allegations resolved by the civil settlement relating to EHSI’s marketing activities include that in 2015, after marketing the reformulated Opana ER for years, EHSI sought to further increase prescriptions by partnering with a consulting company to “pull[] all the levers” it could “to drive incremental growth” of Opana ER prescriptions. In what it termed a “sales force blitz,” EHSI allegedly added 3,000 priority targets to its sales representatives’ call lists, with nearly all of these priority targets chosen because they prescribed a high volume of opioids in general or Opana ER in particular. EHSI allegedly used sales goals and contests to ensure that its sales representatives targeted these outlier prescribers, including prescribers who previously had been excluded from EHSI’s call lists as posing risks of abuse and diversion.
The Bankruptcy Resolution
As part of Endo’s bankruptcy plan, a group of Endo’s secured lenders will purchase Endo’s assets and operate the business under a new corporate structure. Under the bankruptcy agreement negotiated by the United States to resolve its claims against Endo, this new business will pay the United States $364.9 million over 10 years, which can be prepaid at $200 million on the bankruptcy plan’s effective date, plus up to an additional $100 million contingent on the business performance of the new company.
The bankruptcy agreement resolves multiple federal claims against Endo, including the claims arising from the criminal and civil settlements, as well as tax claims and the claims of various federal healthcare agencies. The settlement agreement further precludes the new company from acquiring any unused tax credits or other beneficial tax attributes of Endo. Additionally, the new company will fund voluntary trusts in settlement of opioid-related claims against Endo, including public trusts that will pay over $450 million to state, municipal and Tribal entities to help fund programs to abate the opioid crisis. The department will credit up to $450 million of such payments against the agreed forfeiture amount.
In addition to the criminal and civil claims described above, the Internal Revenue Service (IRS) filed substantial tax claims in the bankruptcy proceeding against Endo based on ongoing audits. These audits concerned, among other things, Endo’s valuation of assets it transferred to foreign affiliates and its payment of a large loan pre-payment penalty to a foreign affiliate for which it sought a tax deduction. A substantial majority of these payments were entitled to priority over Endo’s other unsecured claims.
Finally, HHS’s Centers for Medicare and Medicaid Services (CMS), HHS’s Indian Health Service and the Department of Veterans Affairs (VA) asserted claims in the bankruptcy proceeding against Endo for the costs these programs incurred in providing medical care to treat individuals who suffer from opioid-use disorder as a result of their use of Opana ER and other opioids manufactured and sold by Endo. CMS has also filed a claim to recover costs it incurred based on beneficiaries’ use of other Endo products, including transvaginal mesh and ranitidine.
When Endo filed for bankruptcy in August 2022, it proposed to sell substantially all of its assets in a manner that contravened key requirements of the Bankruptcy Code. Endo’s original proposal would have provided virtually no recovery to the federal government on account of its claims, while improperly paying several other creditor groups on account of their claims, even though they were entitled to lower or equal priority as certain government claims. The current bankruptcy settlement was achieved after the government objected to the proposed sale in Bankruptcy Court. Through this settlement, the government has ensured both that it is compensated for its claims and that Endo does not run afoul of the Bankruptcy Code by paying only certain of its creditors or violating the Bankruptcy Code’s priority scheme.
“The opioid crisis remains a public health emergency nationwide, and those impacted are at the forefront of our work,” said the Honorable Christi A. Grimm, HHS Inspector General. “The HHS Office of Inspector General (HHS-OIG) is staunchly committed to protecting the millions of people served by federal healthcare programs from schemes such as this, while also striving to ensure they have access to necessary treatment.”
“The misbranding of opioids negatively impacts the integrity of TRICARE, the military’s healthcare system relied on by more than nine million service members, retirees and their families,” said the Honorable Robert P. Storch, Department of Defense Inspector General. “Today’s settlement demonstrates the ongoing commitment of the Defense Criminal Investigative Service and its law enforcement partners to promote accountability and transparency throughout the pharmaceutical industry and prosecute those who put profits ahead of patient welfare. The delivery of quality healthcare is too important to let a single dollar go to waste.”
“Veterans and their families expect and deserve the highest quality health care delivered in a safe and accountable setting. False or misleading claims about potentially dangerous drugs put veterans’ care at risk,” said the Honorable Michael J. Missal, VA Inspector General. “The VA Office of Inspector General is committed to working with our law enforcement partners to ensure the safety of those who entrust their health care to the providers and staff at VA’s 1,300 medical facilities.”
“Protecting the health and safety of Federal employees, annuitants, and their families is a top priority for OPM OIG,” said Special Agent in Charge Derek M. Holt of the Office of Personnel Management Office of Inspector General (OPM-OIG). “Today’s criminal and civil resolutions demonstrate the exemplary work of our investigative staff, law enforcement partners, and colleagues at the Justice Department in holding manufacturers accountable for actions that contribute to the opioid epidemic.”
The criminal investigation was conducted by the Federal Bureau of Investigation, Drug Enforcement Administration, HHS-OIG, Food and Drug Administration Office of Criminal Investigations, VA Office of Inspector General, OPM-OIG, Defense Criminal Investigative Service and Amtrak Office of Inspector General.
The criminal matter was handled by Assistant Director Gabriel H. Scannapieco and Trial Attorneys Ben Cornfeld and Tara M. Shinnick of the Civil Division’s Consumer Protection Branch.
The civil investigation and settlement were handled by Senior Trial Counsel Christopher Terranova and Assistant Director Natalie Waites of the Civil Division’s Commercial Litigation Branch, Fraud Section and Matthew Feeley, Deputy Chief & Healthcare Fraud Coordinator for the Southern District of Florida, with assistance from the HHS Office of General Counsel and Office of Counsel to the Inspector General.
The Endo bankruptcy case is being handled by Assistant U.S. Attorneys Jean-David Barnea, Peter Aronoff and Tara Schwartz for the Southern District of New York and Assistant Directors Mary Schmergel and Kevin VanLandingham of the Civil Division’s Commercial Litigation Branch, Corporate/Financial Litigation Section.
For more information about the Consumer Protection Branch and its enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch. For more information about the Civil Fraud Section and its enforcement efforts, visit www.justice.gov/civil/fraud-section.
Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to HHS at 1-800-HHS-TIPS (800-447-8477).
Except to the extent that EHSI’s admissions are part of its criminal resolution, the claims resolved by the civil settlement are allegations only and there has been no determination of liability.
View the agreements here, here and here.
Okmulgee Resident Sentenced for Attempted RobberyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Raithiele Robinson, age 50, of Okmulgee, Oklahoma, was sentenced to 150 months in prison for one count of Attempted Robbery.
The charges arose from investigations by the Federal Bureau of Investigation, the Okmulgee County Sherriff’s Office, and the Okmulgee Police Department.
On December 15, 2022, Robinson pleaded guilty to one count of Attempted Robbery. According to investigators, on December 2, 2016, Robinson attempted to rob the victim of valuables by force as the victim sat in a vehicle at the intersection of Kern and Kiowa in Okmulgee.
The Honorable Ronald A. White, Chief Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings. Robinson will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Edith A. Singer represented the United States.
Ohio Man Sentenced to 126 Months for Trafficking LSDRead the Press Release
COVINGTON, Ky. – A Cincinnati man, Kyle A. Vanderpool, 36, was sentenced on Thursday, to 126 months in federal prison, by U.S. District Judge David Bunning, for possession with the intent to distribute 10 grams or more of LSD.
According to his plea agreement, law enforcement received a report that an identified drug trafficker was traveling to Northern Kentucky to meet a source of supply. Law enforcement observed the individual meet with Vanderpool on July 26, 2021. A drug dog alerted for the presence of drugs in Vanderpool’s vehicle. Law enforcement then searched the car and discovered $26,642 in cash and various controlled substances, including 8100 doses of LSD on blotter paper, over 33 grams of liquid LSD, and 20.6 grams of ketamine.
Under federal law, Vanderpool must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for five years.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; and Erek Davodowich, Acting Special Agent in Charge, DEA, Louisville Field Division; jointly announced the sentence.
The investigation was conducted by the DEA. Assistant U.S. Attorney Tony Bracke is prosecuting the case on behalf of the United States.
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