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29 February 2024
Oahu Man Sentenced to Forty Years in Prison for Producing Child PornographyRead the Press Release
HONOLULU – Chief United States District Judge Derrick K. Watson sentenced Daniel Brito, 33, of Honolulu, today to forty years in prison and lifetime of supervised release for production of child pornography. He must also pay the four identified minor victims $3,000 each in restitution. Brito has been detained in custody since he was arrested in December 2021. Brito pleaded guilty to the child pornography production offense on November 2, 2023. At the time of the offenses in the federal case, Brito was on State probation and a registered as a sex offender due to a prior State of Hawaii conviction for sexual assault in the third degree of a minor relative.
According to information produced to the court, from around 2019 through 2021, Brito communicated on multiple internet-based social media applications with at least four minor females, as young as twelve years old, for the purpose of directing and soliciting them to send him sexually explicit images and videos of themselves. In addition to the sexually explicit materials Brito solicited from those minors, Brito also possessed thousands of images of child pornography, to which he had access from his phone on the date of his arrest. The videos included those of adults engaged in sexual acts with young children.
“This substantial sentence reflects the horrifying fact that while on probation for sexually assaulting a child family member, Brito victimized at least four additional children,” said United States Attorney Clare E. Connors. “No child should suffer the incalculable damage from such abuse, and we will continue to identify perpetrators, prosecute them and help victims find healing through the justice system.”
“This sentence highlights how important it is to the FBI and our community to protect our keiki from predators such as Brito who, despite being a registered sex offender, continued to victimize others,” said FBI Special Agent in Charge Steven Merrill. “The public should know that we will continue to vigorously pursue and investigate those who prey on our children and bring them to justice.”
This investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Rebecca Perlmutter handled the prosecution.
North Louisiana Men Sentenced on Illegal Possession of Drug and Firearm ChargesRead the Press Release
MONROE, La. – United States Attorney Brandon B. Brown announced that two North Louisiana men were sentenced today by United States District Judge Terry A. Doughty on drug and firearms charges.
Nicholas D. Moore, 31, of Ruston, was sentenced to 132 months in prison, followed by 3 years of supervised release, for possession with intent to distribute methamphetamine. Between August 2022 and January 2023, agents with the Drug Enforcement Administration (DEA) and Lincoln Parish Sheriff’s Office performed five controlled purchases of methamphetamine from Moore. The purchased narcotics were sent to the DEA Laboratory for analysis and the results came back that they were methamphetamine. Law enforcement agents subsequently obtained a search warrant for a residence in Ruston where Moore had lived for several days. During the execution of the search warrant, agents discovered multiple bags of methamphetamine, small bags of cocaine, and marijuana and over $8,000 in cash. The seized narcotics were tested at the DEA Laboratory and determined to contain methamphetamine.
The case was investigated by the DEA and Lincoln Parish Sheriff’s Office and was prosecuted by Assistant United States Attorney Robert F. Moody.
Demartinas Edwards, 42, of Monroe, was sentenced to 21 months in prison, followed by 3 years of supervised release, for being a convicted felon in possession of a firearm. In addition, Edwards was ordered to pay a fine of $1,000. According to information presented in court, on November 30, 2022, officers with the Monroe Police Department’s HEAT Team obtained a search warrant for a residence in Monroe and Edwards was found on the premises. Edwards had an outstanding warrant and was arrested at that time. Inside the residence, officers found a firearm in the bedroom along with other possessions that belonged to Edwards. He later admitted to officers that the firearm belonged to him and that he had found it on the street. Because of Edwards’ prior felony conviction, he was prohibited from possessing any firearm or ammunition. Edwards pleaded guilty to the charge of being a felon in possession of firearms on December 8, 2023.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Monroe Police Department and was prosecuted by Assistant United States Attorney Robert F. Moody.
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New Orleans Man Pleads Guilty to Federal Gun and Drug OffensesRead the Press Release
NEW ORLEANS, LOUISIANA – DATAYNA HOWARD, age 22, a resident of New Orleans, pleaded guilty on February 28, 2024, before U.S. District Judge Ivan L.R. Lemelle to two counts of possession with intent to distribute controlled substances—fentanyl, tapentadol, and marijuana—in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 841(b)(1)(D), and two counts of possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c).
According to court documents, on January 19, 2022, HOWARD was arrested at the Oakwood Shopping Center in Gretna, La. in possession of fentanyl, marijuana, drug trafficking supplies, and two loaded handguns. On June 8, 2023, law enforcement executed a search warrant at HOWARD’s residence in New Orleans and discovered over 700 tapentadol pills, marijuana, drug trafficking supplies, three handguns, and additional ammunition.
HOWARD faces up to 20 years in prison, up to a $1,000,000 fine, and at least three years of supervised release on each of his convictions for possession with intent to distribute controlled substances. As to each of his convictions for possession of a firearm in furtherance of a drug trafficking crime, HOWARD faces a minimum sentence of five years and up to life in prison, which must run consecutively to any other sentence, up to a $250,000 fine, and up to five years of supervised release. As to each count, HOWARD also faces payment of a $100 mandatory special assessment fee.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Federal Bureau of Investigation, the Jefferson Parish Sheriff’s Office, and the New Orleans Police Department. It is being prosecuted by Assistant United States Attorney David Berman of the Violent Crime Unit.
New Orleans Man Pleads Guilty for Theft from Interstate ShipmenRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced that MALIK MACK, age 26, a resident of New Orleans, pleaded guilty on February 28, 2024 to theft from an interstate shipment and aiding and abetting in that theft, in violation of Title 18, United States Code, Sections 659 and 2.
According to court documents, on the evening of March 29, 2023, MACK and three other suspects entered the Norfolk Southern Railyard, a freight consolidation facility that houses interstate shipments, to steal Ford F-150 Rapture Crew Cab trucks. MACK was apprehended by law enforcement officers and admitted to the crime.
At sentencing, MACK faces a maximum term of imprisonment of ten (10) years, up to a $250,000 fine, up to three (3) years of supervised release, and a mandatory special assessment fee of $100.
U.S. Attorney Evans praised the work of Norfolk Southern Railway Police, the United States Department of Homeland Security, the New Orleans Police Department, and the Louisiana State Police. The case is being prosecuted by Assistant United States Attorney Troy Bell of the Violent Crime Unit.
New Bern Man Arrested Following Threats of Violence Sentenced to 17 Years for Federal Firearms ChargeRead the Press Release
WILMINGTON, N.C. –Isaiah Emmanuelle Gibbs, 25, of New Bern was sentenced today to 204 months in prison for illegal possession of a firearm and ammunition. Gibbs was arrested after threatening to retaliate for the shooting of a young child in July of 2023. Gibbs pled guilty to the charges on September 25, 2023.
“Given this defendant’s previous criminal history, and pending state charges for firearm and drug violations, federal agents worked quickly to take him into custody after learning of credible threats to commit a shooting,” said U.S. Attorney Michael Easley. “Those who are engaging in gun violence will be held accountable and brought to justice.”
“The senseless murder of a 19-month-old reminds us that gun violence is indiscriminate. The New Bern Police Department and our community greatly value the relationship we have built with our local, state, and federal law enforcement partners. U.S. Attorney Michael Easley, his team and all the other law enforcement professionals have shown a commitment to a common goal to make our community safe.”
“Arresting and prosecuting violent criminals who illegally use firearms is a priority of the Craven County Sheriff's Office,” said Sheriff Chip Hughes. “We appreciate the cooperation and work of ATF agents and the U.S. Attorney's Office in removing this dangerous criminal from our community. We will continue to work closely with our federal law enforcement partners to identify, arrest and prosecute violent felons.”
According to court records and other evidence presented in court, Gibbs was found with guns on five occasions between September 7, 2021, and March 11, 2023, by law enforcement officers from the New Bern and Emerald Isle Police Department’s and the Craven County Sheriff’s Office. Gibbs was federally indicted for an October 4, 2022, incident where the Craven County Sheriff’s office completed a traffic stop on a vehicle occupied by Gibbs and others. A backpack carried by Gibbs contained a loaded 9mm handgun and multiple rounds of 9mm ammunition. A search of the vehicle located a stolen, loaded 9mm handgun with a large capacity magazine underneath Gibbs’ seat.
On July 4, 2023, a vehicle was shot at in New Bern, and an adult male and his 19-month-old daughter were struck. The child succumbed to her injuries two days later. Gibbs was identified on scene immediately after the shooting. Shortly after the shooting, law enforcement learned that Gibbs intended to retaliate for the shooting. Due to the credible threat of violence combined with Gibbs’ history of violence, a federal complaint was filed, and Gibbs was arrested by Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents on July 7, 2023, and has remained in detention since that arrest. During an interview with agents following his arrest, Gibbs admitted that he had been in possession of a firearm and ammunition during the October 2022 traffic stop.
Gibbs was previously convicted of three common law robberies in 2020 making him an Armed Career Criminal subject to enhanced penalties for possessing a firearm or ammunition, including a 15-year mandatory minimum sentence of incarceration. State charges for five counts of possession of a firearm by a felon, one count of robbery with a dangerous weapon, second degree kidnapping, possession with intent to manufacture, sell, or deliver a schedule II-controlled substance, and two counts of resisting a public officer remain pending.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement. The New Bern and Emerald Isle Police Departments, the Craven County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case and Assistant U.S. Attorney Phil Aubart prosecuted the cases.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:23-cr-00037-M-BM-1.
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Nashua Man Indicted on Firearm OffensesRead the Press Release
CONCORD – A Nashua man was indicted in connection with unlawful possession of firearms and ammunition, U.S Attorney Jane E. Young announces.
Robert Reidy, age 32, was indicted on one count of possession of firearms and ammunition by a prohibited person and one count of possession of unregistered firearms. Reidy is in state custody on related charges. Reidy will appear in federal court on March 6th, 2024 at 2:00p.m.
According to the charging documents, on December 5, 2023, Reidy possessed three pistols, a short-barreled rifle, and a silencer, as well as 160 rounds of ammunition. As a previously convicted felon, Reidy is prohibited from possessing firearms and ammunition under federal law. The short-barreled rife and silencer were unregistered firearms.
The charge of possession of firearms and ammunition by a prohibited person provides for a maximum sentence of up to 15 years in prison, up to a three-year term of supervised release and a fine of up to $250,000. The charge of possession of unregistered firearms provides for a sentence of no greater than 10 years in prison, 3 years of supervised release, and a fine of $10,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
The Nashua Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives led the investigation. Valuable assistance was provided by the Manchester Police Department. Assistant U.S. Attorney Tiffany Scanlon is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Murphy, N.C. Woman Sentenced to 18 Years for Production of Child PornographyRead the Press Release
ASHEVILLE, N.C. – Alyssa Danielle Seabolt, 26, of Murphy, N.C., was sentenced today to 18 years in prison followed by a lifetime of supervised release for production of child pornography, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. U.S. District Judge Martin Reidinger also ordered Seabolt to register as a sex offender after she is released from prison.
Ronnie Martinez, Special Agent in Charge of Homeland Security Investigations (HSI) in North Carolina and South Carolina, joins U.S. Attorney King in making today's announcement.
According to court documents and court proceedings, in 2021, Canadian law enforcement investigating the online trading of child pornography notified HSI about an individual in the United States, later identified as Seabolt, using Snapchat to distribute files depicting the sexual abuse of children. In June 2022, during an interview with HSI agents, Seabolt admitted to producing the child pornography she had shared online.
On April 19, 2022, Seabolt pleaded guilty to using a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct.
U.S. Attorney King commended HSI for their investigation that led to today’s sentence.
Assistant U.S. Attorney Alexis Solheim with the U.S. Attorney’s Office in Asheville prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Montgomery Man Sentenced to 64 Months in Federal Prison for Identity Theft and Cashing Stolen ChecksRead the Press Release
Montgomery, Alabama – Today, Acting United States Attorney Jonathan S. Ross announced that a federal judge sentenced 40-year-old William Hayden Searcy, from Montgomery, Alabama, to 64 months in prison. The sentence follows Searcy’s entry of a guilty plea to charges of bank fraud and aggravated identity theft.
According to the plea agreement and other court records, in March and April of 2022, Searcy cashed fraudulent checks at various locations around Montgomery. Details discussed during Searcy’s sentencing hearing on February 22, 2024, revealed that Searcy: (1) stole checks from mailboxes; (2) washed the checks using chemicals that removed ink; (3) wrote new information on the checks making them payable to accounts he controlled; and (4) went to financial institutions and cashed the altered checks. Searcy also used the identities from some of the stolen checks to print checks of his own.
The federal judge also ordered Searcy to pay restitution in the amount of $8,203.42. A co-defendant in the scheme, Tyler Scott Kidd, 27, from Millbrook, Alabama, pleaded guilty to bank fraud and is scheduled to be sentenced on May 15, 2024. Kidd will be jointly liable with Searcy for the restitution amount.
“Mail theft and check fraud are nationwide problems,” said Acting United States Attorney Ross. “Although the Postal Service works diligently to ensure that mail is delivered securely, individuals frequently find ways to exploit the mail system. Individuals should be mindful of the receptacles used to mail checks and check bank accounts regularly for suspicious transactions.”
“When identity thieves use the U.S. Mail to further their scheme, Postal Inspectors work tirelessly with federal prosecutors to bring them to justice,” said Scott Fix, Inspector-in-Charge of the Houston Division. “Fraud and identity theft are not victimless crimes and individuals such as Searcy who commit these crimes face significant penalties as a result of their criminal activity. Postal Inspectors will continue to pursue these individuals in order to preserve the financial integrity of innocent Americans. We extend our appreciation to the Montgomery Police Department that assisted with this investigation.”
The United States Postal Inspection Service and the Montgomery Police Department investigated this case, which Assistant United States Attorney Michelle R. Turner prosecuted.
Mexican National Sentenced to over 11 Years in Prison for Trafficking MethRead the Press Release
ALPINE, Texas – A Mexican national was sentenced in a federal court in Pecos to 135 months in prison for possession with intent to distribute methamphetamine.
According to court documents, U.S. Border Patrol agents inspected a vehicle driven by Jorge Alberto Garcia-Gamez, 45, at a checkpoint near Marfa. During the inspection, agents discovered 76 vacuum-sealed bundles containing 37.85 kilograms of methamphetamine in the vehicle’s fuel tank. An investigation by Homeland Security Investigations revealed that Garcia-Gamez was transporting the methamphetamine for a Mexican drug trafficking organization. Garcia-Gamez was arrested Sept. 29, 2023 and pleaded guilty Nov. 17.
“This case is reflective of the essential roles Border Patrol and HSI agents play in the mission to protect our communities across the nation,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Thanks to our partners, this prosecution has taken another drug trafficker off the streets for more than a decade, further disrupting the operations of Mexican cartels.”
“This sentence should serve to dissuade anyone considering smuggling narcotics into our country,” said Acting Special Agent in Charge Eric McLoughlin for the HSI El Paso Division. “HSI special agents will continue to collaborate with our federal, local, and state law enforcement partners to stop the funneling of highly addictive and lethal drugs across the southern border.”
HSI and the USBP investigated the case.
Assistant U.S. Attorney Scott Greenbaum prosecuted the case.
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Mexican National Pleads Guilty to Illegal Re-entry of a Deported Alien Previously Convicted of a FelonyRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that JOSE MANUEL CHENO, age 55, a citizen of Mexico, pleaded guilty on February 28, 2024 to illegal reentry of a deported alien previously convicted of a felony, in violation of Title 8, United States Code, Sections 1326(a)and (b)(2).
According to court documents, JOSE MANUEL CHENO (“CHENO”) admitted to reentering the United States after being previously deported on January 27, 2018. Furthermore, on May 5, 2005, CHENO was convicted of Conspiracy to Possess with the Intent to Distribute Marijuana in United States District Court, District of Arizona.
CHENO faces a maximum term of imprisonment of twenty (20) years, followed by up to three (3) years of supervised release, a fine of up to $250,000, and a mandatory $100 special assessment fee.
U.S. District Court Judge Sarah S. Vance has set sentencing for June 26, 2024.
U.S. Attorney Evans praised the work of the United States Department of Immigration and Customs Enforcement, Enforcement and Removal Operations and the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant U.S. Attorney Jon Maestri of the General Crimes Unit is in charge of the prosecution.
Mescalero Man Sentenced to 2 Years Supervised Release for Domestic AbuseRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Danny Deron Morgan was sentenced to a time-served sentence of 53 days and 2 years of supervised release. Morgan, 51, of Mescalero, an enrolled member of the Mescalero Apache Tribe, pled guilty on Oct. 25, 2023, to assault of a spouse, intimate partner, or dating partner resulting in substantial bodily injury in Indian Country.
A federal grand jury returned a superseding indicted against Morgan on Aug. 16, 2023. According to publicly available court records, on Feb. 20, 2023, Morgan invited Jane Doe to the residence he had been staying at in Mescalero. After she arrived, Morgan became upset with Jane Doe, and she attempted to leave the residence. This upset Morgan more and he grabbed Jane Doe by her hair, pushed her down on to the bed, straddled her chest and pushed down on her throat with his hands. Hearing a commotion, the owner of the residence forced his way into the bedroom and pulled Morgan off Jane Doe, who fled the residence. As a result of the assault, Jane Doe suffered short-term disfigurement including bruising, lacerations, and petechiae.
The Bureau of Indian Affairs investigated the case. Assistant U.S. Attorney Eliot Neal is prosecuting the case.
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Medical Doctor to Pay $60,000.00 to Resolve Civil Liability for Alleged Violations of the False Claims ActRead the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dr. Peter J. Baddick, III has agreed to pay the United States $60,000.00 to resolve civil liability for alleged violations of the False Claims Act.
According to the United States Attorney, Gerard M. Karam, between April 2015 and December 2015, Dr. Baddick prescribed the opioid medication Subsys to patients who did not have a cancer diagnosis without a legitimate medical purpose outside the usual course of professional practice. Dr. Baddick then billed Medicaid and Tricare for the visits associated with the prescription of Subsys to these patients. A civil action was filed in April of 2022 and is docketed as United States v. Dr. Peter J. Baddick, III.; Civ. No. 3: 22-512 (M.D. Pa.)
“This office is dedicated to combatting fraud and abuse impacting taxpayer-funded programs,” said United States Attorney Karam. “We use every tool at our disposal to do so, and this resolution reflects that commitment.”
This Settlement Agreement is neither an admission of liability by Dr. Baddick nor a concession by the United States that its claims are not well founded.
This matter was investigated by the U.S. Department of Health and Human Services Office of Inspector General and the Office of the Inspector General for the Defense Health Agency. The investigation was handled by Assistant United States Attorneys, B. Craig Black and Tamara Haken, and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office.
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Marshall County Man Sentenced for Federal Drug ChargeRead the Press Release
WHEELING, WEST VIRGINIA – David Lee McCracken, age 39, of Moundsville, West Virginia, was sentenced today to 90 months in federal prison to be followed by three years of supervised release for possession with intent to distribute methamphetamine.
According to court documents and statements made in court, Ohio County Sheriff’s deputies arrested McCracken at a hotel in Triadelphia, West Virginia, on four outstanding drug trafficking warrants from Belmont County, Ohio. Investigators searched the hotel room and found two safes containing methamphetamine, cash, and drug paraphernalia.
Assistant U.S. Attorney Clayton Reid prosecuted the case on behalf of the government.
The Ohio County Sheriff’s Office investigated.
U.S. District Judge John Preston Bailey presided.
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Man Pleads Guilty to Maintaining Fictitious Super PAC and Credit Card FraudRead the Press Release
A Pennsylvania man pleaded guilty today to filing documents with the Federal Election Commission (FEC) that contained false and fictitious information about a political action committee, or Super PAC, and credit card fraud.
According to court documents, in March 2020, Christopher Richardson, 37, of Langhorne, created an independent, expenditure-only Super PAC named Americans for Progressive Action USA (AFPA) that used 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 from several fictitious individuals. Several weeks later, he filed a report of expenditures that falsely claimed that the Super PAC spent over $1.5 million to purchase advertisements and media production opposing certain candidates for the U.S. Senate. Richardson filed another FEC report that falsely stated that AFPA refunded the non-existent $4.8 million in donations.
Richardson also used the alias of one of the fictitious donors to AFPA to obtain a credit card, and then used that card to conduct approximately 200 transactions.
Richardson pleaded guilty to one count of making a false entry in a record and one count of access device fraud. He is scheduled to be sentenced on June 13. He 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 access device fraud count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Matthew M. Graves for the District of Columbia, 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’s (TIGTA) Cybercrime Investigations Division made the announcement.
The FBI Washington Field Office and TIGTA Cybercrime Investigations Division investigated the case.
Trial Attorney Ryan R. Crosswell of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Joshua Gold for the District of Columbia are prosecuting the case, with assistance from Assistant U.S. Attorney Ahmed Baset for the District of Columbia.
Man Pleads Guilty to Firebombing Planned Parenthood Clinic and Plotting to Attack Electrical SubstationRead the Press Release
A California man pleaded guilty today to a firebombing attack on a Planned Parenthood clinic in Costa Mesa in March 2022 and planning to attack an electrical substation in Orange County, and further admitted to plotting an attack on Dodger Stadium last year on a night celebrating LGBTQI+ pride.
Tibet Ergul, 22, of Irvine, pleaded guilty to one felony count of conspiracy to damage an energy facility and one misdemeanor count of intentional damage to a reproductive health services facility. He is scheduled to be sentenced on May 30 and faces a maximum penalty of 21 years in prison.
According to his plea agreement, in February and March 2022, Ergul and Chance Brannon, 24, of San Juan Capistrano, California, agreed to use a Molotov cocktail to damage a Planned Parenthood clinic in Orange County. Ergul and Brannon, who at the time was an active-duty U.S. Marine, targeted the clinic because it provided reproductive health services and they wanted to encourage others to engage in similar violent acts. Ergul and Brannon also wanted to make a statement about abortion; scare pregnant women away from obtaining abortions; deter doctors, staff and employees at the clinic from providing abortions; and intimidate the clinic’s patients.
On March 12, 2022, in Ergul’s garage, Ergul and Brannon knowingly assembled a Molotov cocktail. During the early morning hours of March 13, 2022, Ergul and Brannon – disguised in dark clothing, masks, hoods and gloves – drove to a Planned Parenthood clinic in Costa Mesa, ignited the Molotov cocktail and threw it at the clinic’s entrance, intentionally starting a fire. Due to the fire and the damage it caused, the clinic was forced to temporarily close and reschedule approximately 30 patient appointments.
Ergul further admitted that in June 2022, following the Supreme Court’s decision to overturn Roe v. Wade, he and Brannon planned to use a second Molotov cocktail to attack another Planned Parenthood clinic. Ergul and Brannon abandoned this plan after seeing law enforcement near the targeted clinic.
Ergul also conspired with others, including Brannon, to damage a Southern California Edison electrical substation to debilitate Orange County’s power grid. Ergul and his accomplices planned to attack the substation by using firearms or a Molotov cocktail that Ergul possessed in his garage. Ergul and Brannon consulted with an associate about surveillance, drone operations and firearms. In March 2023, Ergul messaged an associate to say he had found a substation in Orange to target. Ergul sent the associate aerial photographs of the substation and suggested doing a “drive-thru” at 3 a.m. Ergul also sent Brannon a letter in which he wrote: “The rifle is in a box in my room waiting to be used in the upcoming race war,” and he discussed a desire to murder politicians and journalists. Ergul and Brannon did not carry out this attack prior to their arrest in this case.
During the early summer of 2023, Ergul and Brannon also discussed and researched how to attack the Dodger Stadium parking lot or the stadium’s electrical room on a night celebrating LGBTQI+ pride, including by using a device that could be detonated remotely, Ergul admitted in his plea agreement. Brannon and Ergul exchanged sabotage manuals and discussed doing “dry runs” to “case” the stadium. Law enforcement arrested Ergul and Brannon two days before Dodger Stadium’s scheduled “Pride Night.”
Ergul, who has been in federal custody since June 2023, is the third and final defendant to plead guilty in this case.
Brannon, who also has been in federal custody since June 2023, pleaded guilty in November to four crimes: conspiracy, malicious destruction of property by fire and explosives, possession of an unregistered destructive device and intentional damage to a reproductive health services facility – a violation of the Freedom of Access to Clinic Entrances Act. Brannon’s sentencing hearing is scheduled for April 15.
Xavier Batten, 21, of Brooksville, Florida, who has been in federal custody since July 2023, pleaded guilty on Jan. 19 to one count of possession of an unregistered destructive device and one count of intentional damage to a reproductive health services facility. Batten’s sentencing hearing is scheduled for May 15.
The FBI’s Joint Terrorism Task Force and the Naval Criminal Investigative Service investigated this matter. The Costa Mesa Police Department and the Costa Mesa Fire Department provided substantial assistance.
Assistant U.S. Attorney Kathrynne N. Seiden for the Central District of California is prosecuting this case, with valuable assistance from the National Security Division’s Counterterrorism Section.
Maine Man Indicted for Lacing Ice Cream with THC at Newmarket CaféRead the Press Release
CONCORD – A Maine man was indicted in connection with tampering with consumer products, First Assistant United States Attorney Jay McCormack announces.
Marc Flore, 43, was indicted on one count of tampering with consumer products. Flore will appear in federal court in Concord at a later date.
According to the charging documents, Flore laced a batch of coffee-Oreo flavored ice cream with tetrahydrocannabinol (THC), a schedule I controlled drug, and stored the THC-laced ice cream with other batches of ice cream in a freezer at the Roots Café in Newmarket, New Hampshire, where the ice cream was then sold to public consumers.
The charge of tampering with consumer products provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
The Food and Drug Administration Office of Criminal Investigations (FDA-OCI) led the investigation. Valuable assistance was provided by the Newmarket Police Department. Assistant U.S. Attorney Geoffrey Ward is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Louisiana Physician Sentenced for Tax EvasionRead the Press Release
A Louisiana physician was sentenced today to 52 months in prison for tax evasion.
According to court documents and evidence presented at trial, Dr. Melissa Rose Barrett, of Baton Rouge, owned and operated two urgent care clinics — Central STAT Care and STAT Care Clinic — and owed the IRS approximately $1.6 million in income taxes, excluding interest and penalties. The IRS notified Dr. Barrett that she owed taxes by letter correspondence, telephone calls, bank account and property seizures as well as interviews with IRS agents.
Dr. Barrett sought to thwart the IRS’ collection efforts by submitting to the IRS a false IRS Form 433-A, Collection Information Statement that underreported her income and inaccurately detailed her assets, by not making cash deposits into banks and instead accumulating those funds in a safe, and by using nominees to purchase millions of dollars in real estate and personal property, including a personal residence, a boat, an airplane and several parcels of farmland.
In addition to the term of imprisonment, U.S. District Judge Brian A. Jackson ordered Dr. Barrett to serve one year of supervised release and to pay a $200,000 fine.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Ronald C. Gathe Jr. for the Middle District of Louisiana made the announcement.
IRS Criminal Investigation investigated the case.
Trial Attorney Wilson Stamm of the Tax Division and Deputy Criminal Chief Edward Warner and Assistant U.S. Attorney Elizabeth White for the Middle District of Louisiana prosecuted the case.
Long Island Drug Trafficker Sentenced to 60 Months in PrisonRead the Press Release
ALBANY, NEW YORK – Kenny Gonzalez, age 30, of Bayshore, New York, was sentenced today to 60 months in prison after previously pleading guilty to conspiracy to possess with intent to distribute a controlled substance and possession with intent to distribute a controlled substance.
United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, made the announcement.
As part of his prior guilty plea, Gonzalez admitted that he and his co-conspirator drove from Long Island to Queens where they picked up approximately two kilograms of cocaine from their drug supplier. Gonzalez and his co-conspirator intended to distribute the cocaine in the Northern District of New York.
United States District Judge Glenn T. Suddaby also imposed a 4-year term of supervised release to follow Gonzalez’s prison term.
The case was investigated by DEA Albany with the assistance DEA Long Island and members of the Suffolk County Police Department. Assistant U.S. Attorney Ashlyn Miranda prosecuted the case.
Korean National Sentenced for “Bust Out” Bank Fraud Scheme in Sacramento Area and ElsewhereRead the Press Release
SACRAMENTO, Calif. — Ki Jang, 60, of Los Angeles, was sentenced today to 21 months in prison for conspiring to commit bank fraud, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between January 2017 and September 2017, Jang participated in a nationwide check kiting “bust out” scheme in order to obtain cash from banks. The scheme’s participants obtained a real Republic of Korea passport that was altered to bear a new photograph and name, which they used to open bank accounts with a small amount of cash. The accounts were dormant until a time the participants believed the bank would allow the account holder to deposit a check and make withdrawals before the check actually cleared. At that time, the participants wrote checks from a different bank account with non-sufficient funds, deposited those checks into the dormant account, and then withdrew cash from the dormant account before the checks cleared. The participants would access funds by purchasing a money order and then depositing the money order into yet another bank account associated with the scheme.
The bust-out scheme resulted in an actual loss of $273,800 to the banks, and a total intended loss of $466,318 based on additional, unsuccessful bust-out attempts.
Korean nationals Hee Soung Oh, 47; Jong Eun Lee, 48; and Kyung Min Kong, 55, were previously sentenced: Oh to two years and nine months, Lee to 22 months, and Kong to seven years and nine months in prison. Charges are pending against Bon Soke Hong, who was indicted on Oct. 21, 2021. The charges are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an investigation by the IRS Criminal Investigation and the Federal Bureau of Investigation. Assistant U.S. Attorneys Audrey B. Hemesath and Whitnee Goins are prosecuting the case.
Keshena Man Indicted for Role in Multiple Fentanyl Overdoses on Menominee Indian ReservationRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on February 27, 2024, a federal grand jury returned a three-count indictment charging Warren J. Grignon (41) of Keshena, Wisconsin, with crimes related to three fentanyl overdoses on the Menominee Indian Reservation, one of which was fatal.
The indictment charged Grignon as follows:
COUNT
DATE
CHARGE
PENALTY
One
On or about December 23, 2023
Distribution of a Controlled Substance Resulting in Death, 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C)
Mandatory minimum 20 years in prison, up to life in prison; up to $1 million fine.
Two
On or about December 23, 2023
Distribution of a Controlled Substance Resulting Serious Bodily Injury, 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C)
Mandatory minimum 20 years in prison, up to life in prison; up to $1 million fine.
Three
On or about December 23, 2023
Distribution of a Controlled Substance Resulting Serious Bodily Injury, 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C)
Mandatory minimum 20 years in prison, up to life in prison; up to $1 million fine.
Grignon also faces terms of supervised release and special assessments of $100 per count if convicted.
According to court documents, on or about December 23, 2023, Grignon allegedly distributed fentanyl to three individuals while at a location on the Menominee Indian Reservation. One of the people died as the result of using the fentanyl provided by Grignon, and the other two were revived but sustained serious bodily injury as the result of using the fentanyl provided by Grignon.
The Menominee Tribal Police Department and Federal Bureau of Investigation investigated the case with assistance from the University of Wisconsin Hospital Pathology Department. Assistant United States Attorney Andrew J. Maier will prosecute the case in U.S. District Court in Green Bay.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove his guilt beyond a reasonable doubt.
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Public Information Officer
(414) 297-1700
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Keshena Man Indicted for Drug and Firearms Offenses on Menominee Indian ReservationRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on February 13, 2024, a federal grand jury returned a five-count indictment charging Anthony V. Brown a/k/a “Ice,” a/k/a “King Ice,” (50), of Keshena, Wisconsin, with drug and firearms crimes on the Menominee Indian Reservation.
The indictment charged Brown as follows:
COUNT
DATE
CHARGE
PENALTY
One
On or about January 1, 2024
Possession with Intent to Distribute Cocaine
Up to 20 years in prison; up to $1 million fine
Two
On or about January 1, 2024
Possession of a Firearm in Furtherance of Drug Trafficking
Mandatory minimum 5 years in prison, consecutive to other sentences; up to $250,000 fine
Three
On or about January 1, 2024
Felon in Possession of a Firearm
Up to 15 years in prison; up to $250,000 fine
Four
January 15, 2024
Possession with Intent to Distribute Cocaine
Up to 20 years in prison; up to $1 million fine
Five
January 15, 2024
Felon in Possession of a Firearm
Up to 15 years in prison; up to $250,000 fine
Brown also faces terms of supervised release and special assessments of $100 per count if convicted.
According to court documents, on or about January 1, 2024, Brown allegedly possessed cocaine with intent to distribute to another person at a location on the Menominee Indian Reservation. Brown, who previously had been convicted of a felony, also allegedly illegally possessed a firearm in furtherance of drug trafficking. On January 15, 2024, Brown allegedly possessed cocaine with intent to distribute to another person at a location on the Menominee Indian Reservation. Brown also illegally possessed a firearm at a residence on the Menominee Indian Reservation on the same date.
The Menominee Tribal Police Department and Federal Bureau of Investigation investigated the case with assistance from the Wisconsin State Crime Laboratory. Assistant United States Attorney Andrew J. Maier will prosecute the case in U.S. District Court in Green Bay.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove his guilt beyond a reasonable doubt.
###
For further information contact:
Public Information Officer
(414) 297-1700
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Kansas Man Pleads Guilty to Production of Child Porn, Coercion and Enticement of a MinorRead the Press Release
ALBUQUERQUE, N.M. – 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 Adrian Dale Tsinnijinnie pleaded guilty in federal court to one count each of production of a visual depiction of a minor engaging in sexually explicit conduct and coercion and enticement of a minor. Tsinnijinnie, 36, of Fort Riley, Kansas, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Tsinnijinnie on Jan. 25, 2023. According to publicly available court records, between November 2020 and January 2021, while stationed on active duty in the U.S. Army at Fort Riley, Kansas, Tsinnijinnie used Facebook Messenger to contact and groom Jane Doe, a 13-year-old child. Initially, the messages Tsinnijinnie sent to Jane Doe were supportive, but soon Tsinnijinnie began to request nude videos and photos. Tsinnijinnie told the victim that if she didn’t send him photos it would make him sad. Tsinnijinnie continuously pressured Jane Doe until she reluctantly sent him a nude photo. During these interactions, Tsinnijinnie also sent Jane Doe nude photos and videos of himself.
On June 20, 2021, while he was on leave from the U.S. Army, Tsinnijinnie traveled with his family to Shiprock, New Mexico, where Jane Doe lives. During the visit, Tsinnijinnie sexually assaulted Jane Doe on two occasions. Following the second incident, Tsinnijinnie apologized to Jane Doe and asked her to keep quiet about the incident, telling her that discussing the incident with others would “ruin everything.” Tsinnijinnie asked Jane Doe “cross her heart” not to say anything.
On July 5, 2021, Jane Doe disclosed to her father that she had been sexually assaulted by Tsinnijinnie. The victim’s father took her to the San Juan Regional Medical Center where she underwent a Sexual Assault Nurse Exam. Following the exam, the victim’s father met with a Navajo Nation Police Officer to make a report.
At sentencing, Tsinnijinnie faces between 15 and 25 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigation. Assistant United States Attorneys Matthew J. McGinley and Natasha Moghadam are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.
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KC Man Sentenced for Selling Meth, Heroin on the Dark WebRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man was sentenced in federal court today for selling methamphetamine and heroin on the dark web.
John M. LeCoque, 35, was sentenced by U.S. District Judge Greg Kays to 10 years in federal prison without parole. The court also ordered LeCoque to forfeit to the government $22,000, representing proceeds obtained from his illegal drug trafficking.
On Aug. 16, 2023, LeCoque pleaded guilty to conspiracy to distribute methamphetamine and heroin.
LeCoque admitted that he sold illegal drugs over the dark web via an online marketplace called White House Market from May 15, 2020, to Aug. 6, 2021.
Federal agents used cryptocurrency to purchase methamphetamine and heroin from LeCoque through an undercover account on two occasions in 2021. Agents executed a search warrant at LeCoque’s residence on May 27, 2021. Agents seized methamphetamine and heroin from his apartment. Agents also found a Smith & Wesson 9mm handgun and ammunition inside a locked safe.
Federal agents executed a search warrant of LeCoque’s online vendor account and located information for 279 orders of illegal drugs from May 2020 to May 2021, including a total of 604 grams of methamphetamine and 234 grams of heroin.
Several months later, in August 2021, LeCoque advertised a “final sale” on his dark web vendor account.
According to court documents, LeCoque advertised his product to countless users, marketing his methamphetamine as “Rural Mos finest crystal methamphetamine” and advertising his heroin as “high-potency brown powder heroin, cut with just enough lactose to make it easy to snort and prevent clumping.” Records from LeCoque’s account and statements made by LeCoque indicate he was grossing over $10,000 per month through his online drug sales.
This case was prosecuted by Assistant U.S. Attorney Stephanie C. Bradshaw. It was investigated by the Drug Enforcement Administration.
Justice Department Informs City of Lexington and Lexington Police Department That Automatically Jailing People for Unpaid Fines Violates ConstitutionRead the Press Release
The Justice Department sent a letter today to the City of Lexington, Mississippi, and the Lexington Police Department (LPD) raising significant concerns regarding their practice of jailing people for unpaid fines without first assessing whether they can afford to pay them.
Specifically, the department informed the City and LPD that their practice violates the Constitution’s prohibition on wealth-based detention in two ways: first, by requiring people who are arrested to pay down outstanding fines before they can be released from jail, and second, by issuing and arresting people on warrants for outstanding fines.
Today’s letter is a part of the Justice Department’s ongoing civil pattern or practice investigation into the City of Lexington and LPD. The investigation, opened on Nov. 8, 2023, seeks to determine whether there are systemic violations of the Constitution and federal law related to use of force; stops, searches and arrests; discriminatory policing and the right to free speech. Although the investigation continues, the Justice Department determined that it was critically important to identify these violations now rather than waiting until the conclusion of the inquiry.
“It’s time to bring an end to a two-tiered system of justice in our country in which a person’s income determines whether they walk free or whether they go to jail,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Unjust enforcement of fines and fees is unlawful, and it traps people and their families in a vicious cycle of poverty and punishment. There is great urgency underlying the issues we have uncovered in Mississippi, and we stand ready to work with officials to end these harmful practices and ensure the civil and constitutional rights of Lexington residents are protected.”
“One third of Lexington’s residents live below the poverty line. The burden of unjust fines and fees undermines the goals of rehabilitation and erodes the community’s trust in the justice system,” said U.S. Attorney Todd W. Gee for the Southern District of Mississippi. “Each step we take towards fair and just policing rebuilds that trust. Lexington and LPD can take those steps now, while our investigation is ongoing.”
Justice Department officials met with city and police leaders earlier today about their unlawful practice, which investigators identified during its ongoing investigation. Lexington officials have pledged to work with the Justice Department to ensure that the collection of fines and fees complies with legal requirements.
On April 20, 2023, the Justice Department issued a Dear Colleague Letter on Fines and Fees explaining that before a person can be imprisoned for failure to pay a fine or fee, the Constitution requires courts to first determine whether the person lacks the resources to pay. In most circumstances, if a person cannot afford to pay, imprisonment for unpaid fines or fees is unlawful.
Additional information about the Justice Department’s Civil Rights Division is available on its website at www.justice.gov/crt. Information specific to the Civil Rights Division’s police reform work can be found at www.justice.gov/crt/file/922421/download.
Irvine Man Pleads Guilty to Firebombing Planned Parenthood Clinic and Plotting to Attack Electrical Substation in Orange CountyRead the Press Release
SANTA ANA, California – An Orange County man pleaded guilty today to firebombing a Planned Parenthood clinic in Costa Mesa in March 2022 and planning to attack an electrical substation in Orange, and further admitted to plotting an attack on Dodger Stadium last year on a night celebrating LGBTQ pride.
Tibet Ergul, 22, of Irvine, pleaded guilty to one felony count of conspiracy to damage an energy facility and one misdemeanor count of intentional damage to a reproductive health services facility.
“This defendant’s hateful ideology led him down a dark path of plotting to harm others,” said United States Attorney Martin Estrada. “The breadth of his and his co-conspirators’ violent plans is chilling. They planned to attack the power grid to start a race war, target Dodger Stadium on Pride Night, and bomb a second reproductive health services clinic. This reminds us of why it is critical that all of us unite against hate in our community.”
“Mr. Ergul put lives at risk when he firebombed the clinic and yet continued to plan acts that had the potential to cause death and destruction,” said Amir Ehsaei, the Acting Assistant Director in Charge of the FBI's Los Angeles Field Office. “Using terroristic violence to further an ideology is a serious crime with severe consequences and, as a result, Mr. Ergul faces significant jail time when sentenced for his cowardly choices.”
“NCIS is committed to the interagency coordination as part of the FBI Joint Terrorism Task Force investigation,” said Special Agent in Charge Todd Battaglia of the NCIS Marine West Field Office. “This case should serve as a warning to those who perpetrate acts of terror against our fellow Americans and hate that threatens access to reproductive health services.”
According to his plea agreement, in February and March of 2022, Ergul and Chance Brannon, 24, of San Juan Capistrano, agreed to use a Molotov cocktail to damage a Planned Parenthood clinic in Orange County. Ergul and Brannon, who at the time was an active-duty United States Marine, targeted the clinic because it provided reproductive health services and they wanted to encourage others to engage in similar violent acts. Ergul and Brannon also wanted to make a statement about abortion; scare pregnant women away from obtaining abortions; deter doctors, staff and employees at the clinic from providing abortions; and intimidate the clinic’s patients.
On March 12, 2022, in Ergul’s garage, Ergul and Brannon knowingly assembled a Molotov cocktail. During the early morning hours of March 13, Ergul and Brannon – disguised in dark clothing, masks, hoods, and gloves – drove to a Planned Parenthood clinic in Costa Mesa, ignited the Molotov cocktail and threw it at the clinic’s entrance, intentionally starting a fire. Due to the fire and the damage it caused, the clinic was forced to temporarily close and reschedule approximately 30 patient appointments.
Ergul further admitted that in June 2022, following the Supreme Court’s decision to overturn Roe v. Wade, he and Brannon planned to use a second Molotov cocktail to attack another Planned Parenthood clinic. Ergul and Brannon abandoned this plan after seeing law enforcement near the targeted clinic.
Ergul also conspired with others, including Brannon, to damage a Southern California Edison electrical substation to debilitate Orange County’s power grid. Ergul and his accomplices planned to attack the substation by using firearms or a Molotov cocktail that Ergul possessed in his garage. Ergul and Brannon consulted with an associate about surveillance, drone operations and firearms. In March 2023, Ergul messaged an associate to say he had found a substation in Orange to target. Ergul sent the associate aerial photographs of the substation and suggested doing a “drive-thru” at 3 a.m. Ergul also sent Brannon a letter in which he wrote: “The rifle is in a box in my room waiting to be used in the upcoming race war,” and he discussed a desire to murder politicians and journalists. Ergul and Brannon did not carry out this attack prior to their arrest in this case.
During the early summer of 2023, Ergul and Brannon also discussed and researched how to attack the Dodger Stadium parking lot or the stadium’s electrical room on a night celebrating LGBTQ pride, including by using a device that could be detonated remotely, Ergul admitted in his plea agreement. Brannon and Ergul exchanged sabotage manuals and discussed doing “dry runs” to “case” the stadium. Law enforcement arrested Ergul and Brannon two days before Dodger Stadium’s scheduled “Pride Night.”
The plea agreement in this case is “binding,” which means the court must accept or reject all aspects of it. United States District Judge Cormac J. Carney scheduled a May 30 sentencing hearing, at which time he is expected to announce whether he will accept the agreement. Should the court reject the plea agreement, any party may withdraw from it. Should the court accept the plea agreement, Ergul will face a prison sentence ranging from 60 months to 78 months.
Ergul, who has been in federal custody since June 2023, is the third and final defendant to plead guilty in this case.
Brannon, who also has been in federal custody since June 2023, pleaded guilty in November to four crimes: conspiracy, malicious destruction of property by fire and explosives, possession of an unregistered destructive device, and intentional damage to a reproductive health services facility – a violation of the Freedom of Access to Clinic Entrances Act. Brannon’s sentencing hearing is scheduled for April 15.
Xavier Batten, 21, of Brooksville, Florida, who has been in federal custody since July 2023, pleaded guilty on January 19 to one count of possession of an unregistered destructive device and one count of intentional damage to a reproductive health services facility. Batten’s sentencing hearing is scheduled for May 15.
The FBI’s Joint Terrorism Task Force and the Naval Criminal Investigative Service investigated this matter. The Costa Mesa Police Department and the Costa Mesa Fire Department provided substantial assistance.
Assistant United States Attorney Kathrynne N. Seiden of the Terrorism and Export Crimes Section is prosecuting this case with substantial assistance from Justice Department Trial Attorney Jacob Warren from the National Security Division’s Counterterrorism Section.
Iranian National Charged for Multi-Year Hacking Campaign Targeting U.S. Defense Contractors and Private Sector CompaniesRead the Press Release
The Justice Department unsealed an indictment charging an Iranian national with involvement in a cyber-enabled campaign to compromise U.S. governmental and private entities, including the U.S. Departments of the Treasury and State, defense contractors, and two New York-based companies.
According to court documents, from at least in or about 2016 through in or about April 2021, Alireza Shafie Nasab, 39, of Iran, and other co-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. Nasab remains at large.
“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,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “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.”
“As alleged, Alireza Shafie Nasab participated in a cyber campaign using spear phishing and other hacking techniques to infect more than 200,000 victim devices, many of which contained sensitive or classified defense information,” said U.S. Attorney Damian Williams for the Southern District of New York. “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.”
“The FBI will leverage all of its capabilities in combating the threat posed by Iranian hacker organizations to America’s public and private sectors,” said Assistant Director Bryan Vorndran of the FBI’s Cyber Division. “The close collaboration with partners that led to today’s unsealed indictment of Alireza Shafie Nasab will continue to keep the pressure on cyber adversaries.”
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.
According to the indictment, in conducting their hacking campaigns, the group used spear phishing — 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 victim 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 spear phishing attacks.
In the course of these spear phishing 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 spear phishing 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.
Nasab is charged with one count of conspiracy to commit computer fraud, which carries a maximum penalty of five years in prison; one count of conspiracy to commit wire fraud, which carries a maximum penalty of 20 years in prison; one count of wire fraud, which carries a maximum penalty of 20 years in prison and one count of aggravated identity theft, which carries a mandatory consecutive term of two years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Concurrent with the unsealing of the indictment, the U.S. 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).
The FBI New York Field Office and Cyber Division are investigating the case.
Assistant U.S. Attorneys Ryan B. Finkel, Dina McLeod and Daniel G. Nessim for the Southern District of New York’s Complex Frauds and Cybercrime Unit are prosecuting the case, with valuable assistance from Trial Attorney Matthew Chang of the National Security Division’s National Security Cyber Section.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Inmate at the Federal Correctional Institution, Schuylkill, Pleads Guilty to Possession of Contraband in Prison and Is Sentenced to Serve an Additional Six Months in PrisonRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Charles Epps, age 27, an inmate at the Federal Correctional Institution, Schuylkill, in Minersville, Pennsylvania, pleaded guilty on February 28, 2024, before U.S. District Court Judge Robert D. Mariani, to the charge of possession of contraband in prison. Epps was then sentenced by Judge Mariani to serve an additional six months in prison.
According to United States Attorney Gerard M. Karam, Epps, formerly of Washington D.C., admitted to possessing a dangerous prison-made weapon, commonly known as a “shank.” The charge stems from an incident in May 2023, in which staff at FCI Schuylkill found Epps in possession of the weapon.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
At the time of the incident at FCI Schuylkill, Epps was serving a sentence from Washington D.C. for attempted assault with a dangerous weapon and unlawful possession of a firearm. That sentence does not expire until 2025. The sentence imposed by Judge Mariani for the charge of possession of contraband in prison will run consecutively to the Washington D.C. sentence.
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Human Rights Violator Sentenced for Immigration Fraud and U.S. Citizenship RevokedRead the Press Release
A Georgia man was sentenced today to three years in prison for unlawfully obtaining U.S. citizenship by lying about his role in persecuting teenagers in Ethiopia in the 1970s for their political opinions.
According to court documents, Mezemr Abebe Belayneh, also known as Mezmur Amare Belayneh, 68, of Snellville, unlawfully obtained U.S. citizenship in 2008 by lying about and concealing that he persecuted and committed acts of violence against perceived political opponents during a period known as “the Red Terror” in Ethiopia. The Red Terror was a campaign of brutal violence in the late 1970s in which Ethiopia’s ruling military council and its supporters detained, interrogated, tortured, and executed civilians.
“Mezemr Belayneh violently beat political opponents in Ethiopia and lied about it to U.S. immigration authorities. Through this deception, he unlawfully entered this country and obtained U.S. citizenship,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “Individuals who persecuted people in their home countries should take note: if you seek refuge unlawfully in the United States, we will investigate and prosecute you.”
During the Red Terror, Belayneh served as a civilian interrogator at a makeshift prison housed in a hotel known as Menafesha in Dilla, Ethiopia. According to witness testimony, Belayneh interrogated victims about their political beliefs, and directed and participated in severe beatings in which they were whipped or hit with sticks while imprisoned in Dilla. Belayneh concealed this conduct when he obtained a visa to enter the United States in 2001 and when he applied to become a naturalized U.S. citizen in 2008.
“Belayneh obtained U.S. citizenship by concealing from immigration authorities the abuse he inflicted on teenagers in Ethiopia during the Red Terror in the late 1970s,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “We hope that today’s sentencing brings a measure of peace and closure to the defendant’s courageous victims — some of whom testified at trial — and sends a clear message to others that we will continue to investigate and prosecute human rights abusers who fraudulently obtain U.S. citizenship.”
“When a person attempts to become a U.S. citizen under false pretenses, it jeopardizes our naturalization process and we will not stand idly by for war criminals and human rights violators to use our nation as a safe haven,” said Executive Associate Director Katrina W. Berger of Homeland Security Investigations (HSI). “Simply put, those who knowingly and willfully misrepresent themselves to obtain U.S. citizenship status will be held accountable for their deceitful actions.”
A federal jury convicted Belayneh in July 2023 of one count of procuring citizenship contrary to law and one count of procuring citizenship to which he was not entitled. In addition to his prison sentence, Belayneh’s U.S. citizenship was also revoked.
HSI Atlanta investigated the case, with coordination provided by the Human Rights Violators and War Crimes Center (HRVWCC). Established in 2009, the HRVWCC furthers the government’s efforts to identify, locate, and prosecute human rights abusers in the United States, including those who are known or suspected to have participated in persecution, war crimes, genocide, torture, extrajudicial killings, female mutilation, and the use or recruitment of child soldiers.
Trial Attorney Patrick Jasperse of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Tal C. Chaiken for the Northern District of Georgia prosecuted the case, with assistance from HRSP Senior Historian Dr. Christopher Hayden. The Justice Department’s Office of International Affairs also provided significant assistance.
Members of the public who have information about former human rights violators in the United States are urged to contact U.S. law enforcement through the HSI tip line at 1-866-DHS-2-ICE or its online tip form at www.ice.gov/exec/forms/hsi-tips/tips.asp.
Highland County man sentenced to more than 6 years in prison for attempting hate crimeRead the Press Release
CINCINNATI – A local, self-identified “Incel” was sentenced in U.S. District Court today to 80 months in prison for attempting to conduct a mass shooting of women.
Tres Genco, 24, of Hillsboro, Ohio, admitted he plotted to commit a hate crime, namely, a plan to shoot women at a university in Ohio. He was arrested by federal agents in July 2021 and has remained in custody since.
“Genco intended to carry out a devastating mass murder of innocent women in this state for no other reason than the fact that he hated them. Everybody deserves to live without threats of violence or fearing acts of terror,” said U.S. Attorney Kenneth L. Parker. “Genco’s sentence reflects the need to protect the community from him for a significant period of time. I thank each of our law enforcement partners for working together to keep our community safe.”
“Genco plotted to violently attack women and was motivated by his personal hatred,” stated FBI Cincinnati Acting Special Agent in Charge Cheryl Mimura. “Law enforcement, working together, stopped his deadly attack from happening. The FBI’s Joint Terrorism Task Force will continue to work closely with our law enforcement and community partners to disrupt threats and prevent violence in our community.”
Genco identified as an Incel or “involuntary celibate.” The Incel movement is a predominantly male online community that harbors anger towards women, fueled by their inability to convince women to engage in sexual activity with them.
According to court documents, Genco maintained profiles on a popular Incel website from at least July 2019 through mid-March 2020 and posted more than 450 times on the site. More than 3,000 items on Genco’s two phones contained the word “Incel.”
In one online post, Genco detailed spraying “some foids [women] and couples” with orange juice in a water gun. Genco compared his “extremely empowering action” to similar conduct by known Incel Elliot Rodger. In May 2014, Rodger killed six people and injured 14 others, including shooting individuals outside a University of California, Santa Barbara sorority house. Prior to his mass attack, Rodger shot a group of college students with orange juice from a water gun. Rodger also emailed a 107,000-word manifesto to multiple media outlets before his mass shooting.
Genco wrote a manifesto, too, stating he would “slaughter” women “out of hatred, jealousy and revenge…” and referring to death as the “great equalizer.” The investigation revealed that the day he wrote his manifesto, Genco searched online for two sororities, including one at The Ohio State University. His Google searches included “sorority osu” and “ohio state university sororities.”
As part of this investigation, law enforcement agents discovered a note of Genco’s that indicated he hoped to “aim big” for a “huge!” kill count of 3,000 people with a reference to the same date as Elliot Rodger’s attack. The note said Genco intended to attend military training.
In 2019, Genco purchased tactical gloves, a bulletproof vest, a hoodie bearing the word “Revenge,” cargo pants, a bowie knife, a skull facemask, two Glock 17 magazines, a 9mm Glock 17 clip, and a holster clip concealed carry for a Glock.
Genco attended Army Basic Training in Georgia from August through December 2019. He was discharged for entry-level performance and conduct.
On Jan. 11, 2020, Genco wrote a note on his phone entitled “isolated” that he described as “the writings of the deluded and homicidal.” Genco signed the document, “Your hopeful friend and murderer.”
On Jan. 15, 2020, the defendant wrote another note on his phone that appears to document surveillance of an unidentified school. He wrote: “10:53 am, fairly busy, Wednesday, Students seem fairly nerdy, some hipster dull kids as well. The track is primarily unused. Ages vary. The average appears to be early 20s. Car quality is generally mid lower tier. Some sort of building behind the college look into it. They have no check of any sort entering the building. I wasn’t questioned at all. Backpacks are very common.”
That same day, Genco searched online for topics including “planning a shooting crime” and “when does preparing for a crime become an attempt?”
On March 11, 2020, Genco screenshotted information on his phone about radio codes for Columbus police and The Ohio State University police. He also accessed the Facebook pages for one of the university’s sororities.
The next day, on March 12, 2020, Highland County sheriff’s deputies responded to Genco’s residence. At the residence, in the trunk of Genco’s vehicle, police officers found, among other things, a firearm with a bump stock attached, several loaded magazines, body armor and boxes of ammunition. Inside the residence, police officers found a modified Glock-style 9mm semiautomatic pistol, with no manufacturer’s marks or serial number, hidden in a heating vent in Genco’s bedroom. As part of his plea, Genco admitted that he possessed both firearms in furtherance of his plot.
Genco pleaded guilty in October 2022 to one count of attempting to commit a hate crime.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Cheryl Mimura, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI) Cincinnati Division; Daryl S. McCormick, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); and Highland County Sheriff Donnie Barrera announced the sentence imposed today by Senior U.S. District Judge Susan J. Dlott. Assistant United States Attorneys Megan Gaffney Painter and Timothy S. Mangan are representing the United States in this case.
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Grandparent Scammer Sentenced to Federal PrisonRead the Press Release
PROVIDENCE, RI – A New York City man who traveled to various U.S. locations, including Rhode Island, to pick-up thousands of dollars in cash provided by seniors who had become the unsuspecting victims of so called “grandparent scams,” has been sentenced to federal prison and ordered to repay scam victims more than three quarters of a million dollars, announced United States Attorney Zachary A. Cunha.
Jean Richard Audate, 38, was sentenced on Wednesday by U.S. District Court Judge William E. Smith to 30 months of incarceration to be followed by three years of federal supervised release. He was also ordered to pay a total of $867,149 to victims of the scam. Audate pleaded guilty on February 24, 2023, to charges of conspiracy to commit mail fraud and mail fraud.
According to information presented to the court, in January 2021, New Haven, CT, Police began to receive reports from out-of-state police departments that elderly residents in their areas had been defrauded out of large amounts of money through a grandparent scam. A broader investigation by the New Haven Police and the FBI revealed that members of the conspiracy contacted elderly victims throughout the United States, including in Rhode Island, by telephone. Posing as the victim’s grandchild, a relative, a lawyer, or other individual, members of the conspiracy falsely told the victim that a relative, typically the victim’s grandchild or child, had been arrested or incarcerated in connection with a car accident, and that the relative needed money for bail or related legal expenses.
To conceal the crime and prevent victims from sharing information about the calls and requests for money, members of the conspiracy falsely told victims that a “gag order” was in place in their relative’s legal matter that prohibited the victim from sharing information with anyone else. In numerous instances, at the direction of others, Audate traveled to various locations where he retrieved the cash payments that, as directed by the scammers, had been shipped by the victims to designated addresses.
The case was prosecuted by Assistant U.S. Attorney John P. McAdams.
United States Attorney Cunha thanks the Lincoln, RI, and Brookline, MA, Police Departments for their assistance in the investigation.
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Four Colombian Traffickers, Including Colombian National Police Officer, Indicted for Conspiring to Import Cocaine into the United StatesRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Hector Fabio Marin-Usme (37), Luis Arbey Vasquez-Romero (46), David Esteban Cardenas-Miramag (27), and John Janier Buitrago-Munoz (34), all from Colombia, with conspiracy to import 5 or more kilograms of cocaine into the United States. If convicted, each faces a maximum penalty of life in federal prison.
According to the indictment, the above-named individuals and others conspired to smuggle cocaine via commercial flights from Cali, Colombia to San Andrés Island, Colombia. Marin-Usme was a recruiter, Cardenas-Miramag was a cargo handler at the international airport in Cali, Vasquez-Romero was a security supervisor at the same airport, and Buitrago-Munoz was a Colombian National Police officer assigned to the airport on San Andrés Island.
Beginning on an unknown date, the conspirators initiated attempts to smuggle cocaine from a commercial flight in mainland Colombia to San Andrés Island. In order to avoid detection, the conspirators diverted cameras within the secure area of the Cali airport and disguised the cocaine in boxes of apples.
On July 29, 2023, and after the commercial flight arrived at the San Andrés Island airport, the conspirators attempted to smuggle the cocaine past an inspection area and past law enforcement. However, the Colombian National Police uncovered the scheme and seized approximately 1,300 kilograms of cocaine.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This 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, the Drug Enforcement Administration, the Federal Bureau of Investigation, and Homeland Security Investigations. The prosecution of this case is being led by the Office of the United States Attorney for the Middle District of Florida. It will be prosecuted by Assistant United States Attorney David J. Pardo.
Fort Wayne Man Sentenced to 72 Months in PrisonRead the Press Release
FORT WAYNE –Jade Sims, 43 years old, of Fort Wayne, Indiana, was sentenced by United States District Court Chief Judge Holly A. Brady after pleading guilty distribution of methamphetamine, announced United States Attorney Clifford D. Johnson.
Sims was sentenced to 72 months in prison followed by 4 years of supervised release.
According to documents in the case, in June and July 2022, Sims distributed methamphetamine. A short time later, a search warrant was executed on his residence, wherein Officers located marijuana, cocaine, digital scales, a grinder, a pill press along with ammunition, a magazine and a handgun box. Two days prior to the execution of the search warrant, a traffic stop of Sim’s vehicle resulted in the recovery of a handgun.
This case was investigated by the Federal Bureau of Investigation Safe Streets Task Force with assistance from the Fort Wayne Police Department. The case was prosecuted by Assistant United States Attorney Stacey R. Speith.
This case was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
This case 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.
Former Marion County Correctional Officer Sentenced to Twenty Years in Federal Prison for Sexually Exploiting Children he met and Groomed over Discord and SnapchatRead the Press Release
INDIANAPOLIS- Cory Terry, 26, of Indianapolis, has been sentenced to 20 years in federal prison after pleading guilty to two counts of sexual exploitation of a minor and one count of possession of child sexual abuse material.
According to court documents, between April 9 and 26, 2022, the defendant met an 11-year-old girl online and communicated with her using Discord, a communications platform popular with adults and children interested in gaming. During their online communications, Terry told the child that he “didn’t mind” that she was only eleven. He engaged in sexually explicit conversations with the child and directed her to send him videos of herself engaged in sexually explicit conduct. Terry also purchased items for the girl and sent her explicit anime images of older men engaging in sex acts with young girls. Individuals with a sexual interest in children engage in these behaviors, often referred to as “grooming,” to build trusting relationships with potential victims and lower their defenses to sexual exploitation by adults. The victim repeatedly told Terry she did not want to send him sexually explicit material, but Terry, threatened and coerced her into complying with his demands, on one occasion, telling the eleven-year-old “you don’t get to say no.” Terry continued these demands despite the child telling him that her parents were nearby, and she wanted to go to sleep.
Investigators also identified a second victim, a fifteen-year-old girl online and communicated with her using Snapchat, a social media application. Between March 19, 2022, and July 29, 2022, Terry engaged in sexually explicit conversations with this second child. During those conversations, Terry referred to the child as “little one” and requested that she produce sexually explicit images and videos of herself for him. Terry told this child “From now on you will show me all of your little body whenever I need it…” Terry used threats, coercion, and enticement to obtain numerous images and videos depicting the child engaged in sexually explicit conduct.
During a search of Terry’s Indianapolis residence, FBI agents recovered multiple cell phones containing at least five sexually explicit videos of one of the victims and over 600 images and videos depicting the sexual abuse of children as young as three years of age, including children being subjected to sadomasochistic conduct. At the time of his arrest, Terry was employed as a Corrections Officer in Marion County, Indiana.
“Pedophiles know that the applications and devices our children use every day give them access to groom and sexually exploit victims anywhere in the world,” said Zachary A. Myers, U.S. Attorney for the Southern District of Indiana. Zachary A. Myers. “The criminals who seek to exploit our children are at fault and must be held accountable, especially when they hold positions of public trust-but there are steps parents and other caring adults can take to help keep kids safe online. The serious sentence imposed here demonstrates the commitment of our office and the FBI make our children safer from exploitation and abuse.”
The FBI investigated this case. The sentence was imposed by U.S. District Court Judge Matthew P. Brookman. Judge Brookman also ordered that Terry be supervised for life following his release from federal prison and register as a sex offender wherever he lives, works, or goes to school. Terry was also ordered to pay $20,0000 in restitution to the victims.
U.S. Attorney Myers thanked Assistant United States Attorney Tiffany J. Preston, who prosecuted this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.
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Former Alabama Correctional Sergeant Sentenced for Violating Civil Rights of Inmate by Using Excessive Force and Lying to Cover It UpRead the Press Release
MONTGOMERY, ALABAMA – A former Alabama Department of Corrections (ADOC) Sergeant, Devlon Williams, 38, was sentenced yesterday to 63 months in prison followed by two years of supervised release for using excessive force on an inmate and lying afterwards in an official report and to investigators in an attempt to cover up his abuse. He was previously convicted of deprivation of rights under color of law, falsification of records and obstruction of justice by a federal jury in the Middle District of Alabama.
“This defendant was a sergeant who was supposed to set an example for those he supervised and instead he callously abused his authority and brutalized a vulnerable inmate during a time of need,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will not tolerate this type of violent conduct inside our jails and prisons, and we will continue to prosecute corrections officials who violate the constitutional and civil rights of people in their custody. This sentencing should send a clear message to officials employed in correctional settings that they are not above the law and will be held accountable when they break it.”
“While most members of law enforcement serve honorably and professionally, some are not so dedicated,” said Acting U.S. Attorney Jonathan S. Ross for the Middle District of Alabama. “Williams savagely beat and taunted an inmate who was not resisting and posed no threat, then he and another officer lied to conceal the crime. They must be held responsible for their actions. Failure to do so would discredit the noble service of every other officer and weaken the public’s trust in those who are sworn to protect.”
“Former corrections officer Devlon Williams not only attacked the victim while transporting him to receive critical care for suicidal ideation, but also attempted to cover up his crimes and intimidate witnesses,” said Assistant Director Michael D. Nordwall of the FBI’s Criminal Investigative Division. “The FBI remains committed to protecting the dignity and civil rights of individuals in custody, and we will investigate any law enforcement and corrections officers who abuse their authority.”
According to court documents and evidence introduced at trial, Williams transported a suicidal inmate, D.H., from ADOC Staton Correctional Facility’s chapel to the healthcare unit. Rather than take the inmate to the infirmary to receive the aid that he needed, Williams stopped in the main hallway of the healthcare unit, where, away from other inmates, Williams assaulted D.H. while taunting him by yelling, “since you want to die, I’m going to help you.” Witnesses testified at trial that Williams repeatedly punched and kicked D.H., who was lying on the ground in a fetal position and not resisting or posing a threat to anyone. Williams continued the beating by hitting D.H. multiple times with a collapsible baton. Another corrections officer, Larry Managan Jr., also participated in the beating.
After the beating, Williams and Managan attempted to cover up their misconduct. Williams made false statements about the assault to an ADOC investigator and prepared a false report about the incident. He also pressured junior-ranking officers and eyewitness nurses to lie along with him after the fact.
Managan previously pleaded guilty, was sentenced for obstructing justice and testified against Williams at trial.
The FBI Mobile Field Office and the ADOC Law Enforcement Services Division investigated the case.
Assistant U.S. Attorney Eric Counts for the Middle District of Alabama and Trial Attorney Anna Gotfryd of the Civil Rights Division’s Criminal Section prosecuted the case.
Florida Man Pleads Guilty to Kickback Scheme to Defraud Williams SonomaRead the Press Release
SAN FRANCISCO – Augusto Alizo, pleaded guilty in federal court today to charges related to his role in a multi-million-dollar fraudulent kickback scheme, announced United States Attorney Ismail J. Ramsey and IRS Criminal Investigation (CI) Acting Special Agent in Charge Michael Mosley. The plea was accepted by the Hon. Richard Seeborg, U.S. District Judge.
In his plea agreement, Alizo, of Weston, Florida, admitted he conspired with two co-defendants—a Vice President at Williams Sonoma, Inc. (WSI), and Kourosh Mirmehdi, Alizo’s direct report at the global logistics company where they both worked—to divert and steal more than $4 million in commercial real estate broker commission rebates that should have gone to WSI.
WSI is a home-goods retailer headquartered in San Francisco that operates brands such as Williams Sonoma, Pottery Barn, and West Elm. The global logistics company where Alizo worked helped clients secure commercial real estate, including large commercial warehouses. In his plea agreement, Alizo admitted that he concealed from the global logistics company that co-defendant Mirmehdi was helping WSI obtain commercial warehouse space. Alizo also admitted that he and his co-defendants concealed from WSI and the global logistics company that he, Mirmehdi, and the conspiring Vice President at WSI pocketed real estate broker commissions rebates that should have gone to WSI.
As part of his plea agreement, Alizo admitted that from 2020 through 2022, co-defendant Mirmehdi was working to secure commercial warehouse space for WSI in Georgia, New Jersey, Arizona, and California. Alizo hid this from their employer. Alizo also hid from their employer the fact that his co-defendants were negotiating with real estate brokers to obtain broker commission rebates that should have gone to WSI. These broker commissions rebates were paid to REM Group, a shell company owned by the conspiring WSI Vice President, and then distributed to private bank accounts controlled by Alizo, Mirmehdi, and the conspiring WSI Vice President. REM Group was not affiliated with WSI. Alizo also admitted in his plea agreement that he knew co-defendant Mirmehdi was holding himself out to real estate brokers as an employee of the global logistics company and that in negotiating with real estate brokers Mirmehdi was benefitting from status and bargaining power due to his position and title at the global logistics company. Alizo further admitted that he knew Mirmehdi was falsely and deceptively representing that WSI was the global logistics company’s client when in fact it was not. Alizo concealed this deception from his and Mirmehdi’s employer.
As part of his plea agreement, Alizo admitted that he acted with the intent to deceive and cheat both his employer and WSI to further the scheme and conspiracy to defraud so that he and his co-defendants could obtain broker commissions rebates that should have gone to WSI. Alizo admitted that he received approximately 25% of the broker commissions and rebates obtained as part of the conspiracy. Alizo admitted that the conspirators obtained a total of $4,110,323.81 and that he personally obtained $965,526.51.
Alizo was indicted by a federal grand jury on April 11, 2023. He was charged with one count of wire fraud conspiracy, in violation of 18 U.S.C. § 1349; four counts of wire fraud, in violation of 18 U.S.C. § 1343; and one count of money laundering conspiracy, in violation of 18 U.S.C § 1956(h). Under the plea agreement, Alizo pleaded guilty to the wire fraud conspiracy. If Alizo complies with his plea agreement, the remaining counts will be dismissed at sentencing.
Alizo is currently released on bond. His sentencing hearing is scheduled for August 27, 2024. The maximum statutory penalty is 20 years in prison for each of the wire fraud and money laundering conspiracy counts, as well as a $250,000 fine for the wire fraud conspiracy count and a $500,000 fine for the money laundering conspiracy count. As part of any sentence the court also may order Alizo to serve an additional term of supervised release and to pay restitution, if appropriate. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Alizo and three co-defendants were charged via grand jury indictment on April 11, 2023. Co-defendant Khourosh Mirmehdi pleaded guilty on May 30, 2023. Co-defendant Michael Podhurst pleaded guilty on June 9, 2023. The charges against the conspiring WSI Vice President are pending.
Assistant U.S. Attorney Christiaan Highsmith is prosecuting the case with the assistance of Aarian Beti. The prosecution is the result of an investigation by the CI.
Five Defendants Arrested for Engaging in Sophisticated ATM Skimming Schemes Involving Theft of Account Information and PIN Numbers from Unsuspecting Bank CustomersRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, an indictment charging defendants with fraud and aggravated identity theft for various ATM skimming-related crimes perpetrated between May 2022 and February 2023, was partially unsealed. To execute the fraud, the defendants allegedly installed devices and cameras on ATMs, capturing victim account information and personal identification numbers (PINs). The defendants then transferred data obtained by those devices onto counterfeit debit cards, which the defendants used to make purchases and withdraw cash. As a result, the defendants compromised over 600 victim accounts and stole thousands of dollars.
Five defendants were arrested earlier this morning in New York, and are scheduled to be arraigned this afternoon before United States Magistrate Judge Vera M. Scanlon at the federal courthouse in Brooklyn.
Breon Peace, United States Attorney for the Eastern District of New York, James Smith, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI) and Patrick Freaney, Special Agent-in-Charge, United States Secret Service (USSS), New York Field Office and Edward A. Caban, Commissioner, New York City Police Department (NYPD) announced the charges.
“As alleged, the defendants engaged in a sophisticated scheme by installing cameras and devices in ATM card slots to surreptitiously steal victim bank account information and use that stolen information to cash out for their own personal gain,” stated United States Attorney Peace. “The arrests today demonstrate that this Office will continue to investigate and prosecute fraudulent activity compromising victims’ financial safety and security.”
“The five defendants allegedly illegally obtained financial information using hidden devices implanted in ATMs to create counterfeit debit cards and steal thousands of dollars from over 600 unsuspecting victims. The defendants' concerted efforts to conceal this fraudulent activity allowed the scam to plague the community for almost a year, highlighting the pervasive nature of criminal financial schemes. The FBI will continue to aggressively investigate all methods of fraud to protect financial privacy,” stated FBI Assistant Director-in-Charge Smith.
“The defendants allegedly targeted hundreds of victims, exploiting their trust in routine elements of our financial systems and stealing thousands from their hard-earned savings,” said Patrick J. Freaney, Special Agent in Charge of the U.S. Secret Service’s New York Field Office. “The success of this investigation is a testament to our strong partnerships with both federal and local law enforcement, and the U.S. Secret Service remains committed to pursuing justice for victims of financial crimes here in New York and across the country.” “Today’s indictment underscores the importance of investigators from multiple law enforcement agencies working together to protect the financial well-being of good, hardworking New Yorkers,” said NYPD Commissioner Edward A. Caban. “I commend our partners at the FBI, the Secret Service, and the office of the U.S. Attorney for the Eastern District of New York for their dedication to our shared public safety mission.”
As set forth in the indictment and other filings, the defendants committed these crimes in two phases, installations and removals, and “cash-outs.” In the first phase, the defendants installed deep-insert skimming devices in the ATMs, which are thin devices the defendants implanted in ATM card slots. These sophisticated devices captured and stored data from debit cards used by unsuspecting victims who conducted transactions at the ATMs while the skimming device was implanted. The defendants simultaneously installed hidden cameras to record victims inputting their PINs. After recovering the cameras and skimming devices, the defendants used the data captured by the skimming devices to create counterfeit debit cards. In the second phase, the defendants then used the counterfeit debit cards and the corresponding PINs, which were captured by the hidden cameras, to “cash out,” or make purchases and withdraw cash. From these skimming and “cash out” crimes, the defendants appropriated account information from over 600 unsuspecting victims.
Users of ATMs are cautioned that advanced skimming devices and pinhole cameras installed on ATMs, like those used by the defendants, may be well disguised and undetected by the ATM user. Law enforcement agents encourage ATM users to shield the ATM keypad when entering PINs and other user information to prevent their accounts from being compromised.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.
Assistant United States Attorneys Irisa Chen and Raffaela Belizaire are in charge of the prosecution. The investigation is being conducted by the FBI, USSS and NYPD.
The Defendants:
IOAN-ANTON GHERASIM, also known as “Ryan Anthony”
Age: 38
Queens, New YorkELVIS DAN ATOMEI
Age: 34
Queens, New YorkDAN ADRIAN AGAFITEI, also known as “Federico Cousa,” “Luciano Manzatti” and “Coval Tiago”
Age: 25
Queens, New YorkBOBI BORCEA, also known as “Bobi Agafitei”
Age: 49
Queens, New YorkRAZVAN VICOL, also known as “Razvan Neagu,” “Geoffrey Pasek” and “Ruben Robles de la Torre”
Age: 36
Queens, New YorkE.D.N.Y. Docket No. 24-CR-78 (MKB)
Federal Prosecutions in Charlottesville Add Nine Firearms Charges to Drug Trafficking ConspiracyRead the Press Release
CHARLOTTESVILLE, Va. – United States Attorney Christopher R. Kavanaugh announced today the return of a second superseding indictment leveling nine additional charges, including firearms offenses, against some of the 19 defendants charged as part of the region’s largest-ever federal drug trafficking prosecution.
The original indictment, returned in August 2023, accuses 17 defendants with being part of a large-scale drug conspiracy that distributed pound quantities of methamphetamine, fentanyl, heroin, and cocaine in and around the Charlottesville region. Two additional defendants were added to a superseding indictment returned in September 2023.
The investigation itself was a major step forward for local, state, and federal law enforcement as the first prosecution brought after Charlottesville, Albemarle County, and the University of Virginia were admitted to the Justice Department’s Project Safe Neighbors initiative.
The second superseding indictment, returned yesterday, adds nine new charges. Most notably it charges Landon Devon Fields, Bobby Eugene Christmas, Dashard Brown, Brooks Lorenzo Woodfolk, Norman Eugene Goins, Jr., and Laqueshia Chanice Burges each with one count of possession of a firearm in furtherance of a drug trafficking crime. Fields, Christmas, and Woodfoolk were also charged with the possession of a firearm by a convicted felon.
In addition to the firearms charges Fields, Christmas, Brown, and Woodfolk were charged with new drug distribution offenses.
Finally, the new indictment seeks the forfeiture of 25 firearms, ammunition, and over $70,000 in United States currency.
The indictment alleges that beginning in February 2023 and continuing through the date of the indictment, the defendants conspired with each other and others to distribute, and possess with the intent to distribute, more than 500 grams of methamphetamine, fentanyl, heroin, and cocaine in and around the Charlottesville region.
Others charged include:
- DuShaun Lamont Gregory, 36, of Henrico, Virginia.
- Tyquane Pertell Gregory, 27, of Charlottesville, Virginia.
- Michael Edward Cornett, 29, of Charlottesville, Virginia.
- Antone Laron Harris, 41, of Charlottesville, Virginia.
- Ashlee Renee Morris, 37, of Barboursville, Virginia.
- Shaheem Taishaun Michie, 18, of Arlington, Virginia.
- John Ellis Turner III, 42, of Charlottesville, Virginia.
- Gary Wayne Woodson, 66, of Crozet, Virginia.
- Cedric Trent, 25, of Charlottesville, Virginia.
- Dustin Lee Welch, 34, of Dillwyn, Virginia.
The Virginia State Police 3A Regional Drug and Gang Task Force, the Drug Enforcement Administration, the Albemarle County Police Department, the Department of Homeland Security- HSI, the City of Charlottesville Police Department, the Greene County Sheriff’s Office, the Nelson County Sheriff’s Office, the Fluvanna County Sheriff’s Office, the Henrico County Police Department, and the United States Marshal’s Service are investigating the case. The Commonwealth’s Attorney’s Offices from the City of Charlottesville and Albemarle County, along with the Charlottesville Emergency Services and the Virginia National Guard have assisted in the investigation.
Assistant U.S. Attorney Ronald M. Huber is prosecuting the case of the United States.
The investigation, extradition, and conviction of these defendants is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Federal Grand Jury Indicts Louisville Felon for Illegally Possessing a FirearmRead the Press Release
Louisville, KY – A federal grand jury in Louisville returned an indictment on February 6, 2024, charging a Louisville man with possession of a firearm by a convicted felon.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge R. Shawn Morrow of the ATF Louisville Field Division, and Chief Jacquelyn Gwinn-Villaroel of the Louisville Metro Police Department made the announcement.
According to the indictment, Clarence Andrew Stiff, 42, is charged with one count of possession of a firearm by a convicted felon. On October 17, 2023, Stiff possessed a Ruger, New Model Blackhawk, .45 caliber revolver, and ammunition. Stiff was prohibited from possessing a firearm because he had previously been convicted of the following felony offenses.
On December 22, 1999, in Jefferson Circuit Court, Stiff was convicted of assault in the first degree.
On December 22, 1999, in Jefferson Circuit Court, Stiff was convicted of assault under extreme emotional disturbance and wanton endangerment in the first degree.
On September 4, 2007, in Clark Superior Court, Indiana, Stiff was convicted of dealing in cocaine and resisting law enforcement.
On December 20, 2007, in Oldham Circuit Court, Stiff was convicted of promoting contraband in the first degree.
On September 5, 2013, in Jefferson Circuit Court, Stiff was convicted of manslaughter in the first degree (two counts), burglary in the first degree, possession of a handgun by a convicted felon, wanton endangerment in the first degree, and tampering with physical evidence.
On August 15, 2013, in Jefferson Circuit Court, Stiff was convicted of robbery in the second degree (two counts), assault in the second degree, and possession of a handgun by a convicted felon.
On August 15, 2013, in Jefferson Circuit Court, Stiff was convicted of torture of a dog/cat with serious physical injury/death.
On April 10, 2023, in Jefferson Circuit Court, Stiff was convicted of possession of a firearm by a convicted felon, possession of a controlled substance in the first degree, and receiving stolen property (firearm).
The defendant made his initial court appearance this week before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Kentucky. The Court ordered the defendant detained pending trial. If convicted, he faces a maximum sentence of 15 years in prison. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors.
There is no parole in the federal system.
This case is being investigated by the ATF with assistance from the Louisville Metro Police Department.
Assistant U.S. Attorney Erwin Roberts is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Drug Trafficker Caught with 40 Pounds of Meth Sentenced to Federal PrisonRead the Press Release
EAST ST. LOUIS, Ill. – A southern Illinois district judge sentenced an Arkansas man to 360 months’ imprisonment for trafficking about 40 pounds of methamphetamine through the Metro East.
Christopher Palmer, 40, of Fort Smith, Arkansas, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute meth, one count of possession of a firearm in furtherance of a drug trafficking crime and one count of felon in possession of a firearm on June 29, 2023. Palmer was sentenced to 300 months for count one, a 60-month mandatory consecutive sentence for count two and an 120-month sentence to run concurrent to count one.
“As a repeat criminal offender, the defendant chose to transport drugs in bulk for distribution and unlawfully possess a firearm knowing the consequences,” said U.S. Attorney Rachelle Aud Crowe. “I appreciate our partnership with the DEA to apprehend offenders guilty of violent and drug-related crimes.”
According to court documents, two DEA highway interdiction officers pulled Palmer over as he was driving a rental car on the Illinois State Route 143 exit ramp off Interstate 70 near Marine in May 2022. Agents asked Palmer to exit the vehicle, and he complied. Once outside the vehicle, he then tried to re-enter the car and move the gearshift into drive in an attempt to evade the police.
Following Palmer’s attempt to flee the traffic stop, the officers detained him and conducted an open-air canine sniff of the vehicle. The canine indicated to the presence of a narcotic odor thus initiating a probable cause search.
In the trunk of Palmer’s rental vehicle, officers located a duffel bag stuffed with 40 bags holding approximately one pound each of crystal meth, totaling more than 17 kilograms of actual meth.
“The scourge of illicit drugs entering our communities, to include methamphetamine, is alarming and tragic,” said Assistant Special Agent in Charge Joseph Dixon, head of DEA enforcement operations in southern Illinois. “This individual’s reckless actions and reliance on weapons to support his drug activities was equally damaging to our citizens. This violence deprived communities of a fundamental sense of security in their own homes and neighborhoods. DEA is committed to ensuring the most violent drug offenders are removed from our streets.”
In the car’s center console, DEA officers located a loaded Glock 43 semi-automatic pistol. Palmer is unable to legally possess firearms due to prior felony convictions.
Under federal sentencing guidelines, Palmer qualified as a “career offender” for previous drug trafficking convictions. Career offenders are eligible for longer terms of federal imprisonment. Following imprisonment, Palmer will serve five years of supervised release.
DEA led the investigation, and Assistant U.S. Attorney John Trippi prosecuted the case.
Dothan Man Sentenced to 130 Months in Prison for Robbing a Mail Carrier at GunpointRead the Press Release
Montgomery, Alabama – On February 27, 2024, a federal judge sentenced 38-year-old Jermain Tyrone Holmes, from Dothan, Alabama, to 130 months in prison, announced Acting United States Attorney Jonathan S. Ross. The sentence followed his conviction for robbery of a postal worker. In addition, the judge ordered that Holmes serve five years of supervised release following his prison term. Federal inmates are not eligible for parole.
According to the plea agreement and other court records, on April 26, 2023, a Dothan mail carrier was working his route when he encountered Holmes standing beside one of the mailboxes. Holmes asked the mail carrier for directions, then pulled out a handgun and demanded money. The mail carrier complied and gave Holmes his wallet and other personal items. Holmes fled the scene on foot. The carrier then called 911 to report the robbery. Responding officers apprehended Holmes a short time later.
“Postal workers are a crucial part of our communities, providing an invaluable service to private citizens and businesses alike,” said Acting United States Attorney Ross. “My office takes its duty to protect postal employees and the U.S. Mail very seriously. Blatant acts of violence against postal workers cannot, and will not, go unpunished.”
“Postal Inspectors’ duties include protecting postal employees and investigating violent crimes that are committed against them,” said Scott Fix, Inspector-in-Charge for the Houston Division. “The sentence handed down to Jermain Holmes for the robbery of our Letter Carrier should serve as a reminder we will aggressively investigate to find those responsible and bring them to justice. We are grateful to the Dothan, AL Police Department for their assistance in this investigation.”
The United States Postal Inspection Service and the Dothan Police Department investigated this case, which Assistant United States Attorney Brandon W. Bates prosecuted.
District Man Indicted on Assault and Related Charges for Shooting a Man Riding a ScooterRead the Press Release
WASHINGTON- Antron Belk, 19, of the District of Columbia, was indicted February 28, 2024, by a Superior Court grand jury, on charges of assault with intent to kill while armed and other charges arising from the shooting of a man riding a scooter in the 4400 block of Quarles Street NE.
The eight-count indictment charges Belk with one count of assault with intent to kill while armed, one count of assault with intent to murder while armed, one count of aggravated assault while armed, three counts of possession of a firearm during a crime of violence, one count of unauthorized use of a vehicle during a crime of violence, and one count of carrying a pistol without a license. The Honorable Judge Marisa Demeo ordered that Belk be held without bond pending trial.
On February 25, 2023, Belk was driving a black Kia Optima with two other passengers and pulled up next to the victim who was riding a scooter on Quarles Street NE. The defendant exited the vehicle and fired multiple shots at the victim before driving away. Surveillance video captured the defendant’s travel until the defendant and the two other passengers were seen exiting the vehicle and eventually entering a residential building. There were approximately 30 shell casings found on scene. The victim survived the shooting but sustained at least eight gunshot wounds, including two in the face area. The black Kia Optima had previously been reported stolen.
This case is being investigated by the Metropolitan Police Department. It is being prosecuted by Assistant U.S. Attorney Iris McCranie.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Defendant Sentenced for Fraud at South Bend Housing AuthorityRead the Press Release
SOUTH BEND –Douglas Donley, 42 years old, of South Bend, Indiana, was sentenced by United States District Court Senior Judge Jon E. DeGuilio, after being found guilty of one count of conspiracy to commit bank fraud and wire fraud and one count of bank fraud on November 1, 2023, following an eight-day jury trial, announced United States Attorney Clifford D. Johnson.
Donley was sentenced to 27 months in prison, 2 years of supervised release, and was ordered to pay $303,920 in restitution to the victim of the offense.
According to documents in the case, the Housing Authority of South Bend (HASB) provides housing opportunities and services to the South Bend community, managing more than 800 public housing residential units. From approximately 2015 through 2019, a number of employees at the HASB conspired with each other and with outside contractors to defraud the HASB. The fraud scheme involved the issuance of HASB payment checks to four outside contractors for contracting work that had not actually occurred. These contractors would then deposit the HASB payment checks, withdraw a portion of each check in cash, and hand-deliver the cash back to co-conspirators at the HASB’s main office. Donley was one of the four outside contractors who participated in the scheme. From October 2017 to March 2019, a total of 29 fraudulent HASB payment checks were issued to the payee “Doug Donley.” None of the checks corresponded to legitimate contracting work. The total value of checks issued to “Doug Donley” was $310,920, which was the amount of the lost benefit intended to maintain and fix the housing units in which HASB tenants lived.
Donley is the first to be sentenced of the three individuals who were found guilty at trial.
This case was investigated by the Department of Housing and Urban Development Office of Inspector General, the Internal Revenue Service-Criminal Investigation Division, and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorneys Luke N. Reilander, Joel Gabrielse, and Jerome W. McKeever.
Davenport Man Sentenced to 120 Months in Federal Prison for Firearms ChargeRead the Press Release
DAVENPORT, Iowa – A Davenport man was sentenced today to 120 months in federal prison for possessing a firearm as a felon.
According to public court documents and evidence presented at sentencing, Tyrae Ronzell McDonald, 43, was in possession of a loaded firearm with an obliterated serial number. McDonald used the loaded firearm to threaten an adult female in the presence of two minor children. McDonald had been previously convicted of felony offenses, including two murder convictions, and was prohibited from possessing any firearms or ammunition.
After completing his term of imprisonment, McDonald 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 make our neighborhoods safer for everyone. PSN, an evidence-based program proven to be effective at reducing violent crime, is the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Criminal Chief Felice Corpening Receives Judge David Daniel Award from Federal Bar AssociationRead the Press Release
RALEIGH, N.C. – U.S. Attorney Michael Easley announced that the Eastern District of North Carolina’s (EDNC) Criminal Chief, Assistant U.S. Attorney Felice Corpening was awarded the Judge David Daniel Award by the Eastern North Carolina District of the Federal Bar Association. The award was created to in memory of Magistrate Judge David Daniel to honor his integrity, commitment, and service to the legal community. The award honors one attorney who has shown a commitment to the legal profession, to the EDNC, to the clients they serve, and to their community.
“Felice Corpening sets the standard for lawyers across the state and the country,” said U.S. Attorney Michael Easley. “In leading the Criminal Division for the Eastern District of North Carolina, nearly every criminal prosecution crosses her desk before proceeding to court. In her review, she ensures equity, fairness and justice. Her integrity and quest to make a positive impact in the community are unparalleled. I am privileged to have the opportunity to work with her as we seek to make North Carolina safer for all.”
“I am deeply honored and humbled to receive this prestigious award. I believe the legal community has a duty to exemplify the highest standards of ethics, professionalism, and dedication to the communities we serve because our work, our cause, our mission extends beyond the courtroom,” said Criminal Chief Felice Corpening. “Being the recipient of the Judge David Daniel Award has renewed my commitment to the principles that define our honorable profession.”
Corpening has been a prosecutor with the EDNC for 25 years, and currently serves as the Criminal Division Chief, a position she has held since early 2022. Corpening served as the Deputy Criminal Chief over the Economic Crimes Section from 2012 to 2022. Prior to joining EDNC, Corpening was an Assistant Public Defender in Fayetteville for three years where she represented indigent defendants in a variety of cases ranging from petty larceny, felonious breaking and entering, drug trafficking, and murder. Corpening also serves as an adjunct professor at UNC-School of Law.
The Judge David Daniel Award was created in 2017. To qualify for the award, a nominee must practice in EDNC and must exemplify the ideals of the legal profession and further the goals of equal justice under the law. For more information on the award, visit the Federal Bar Association website.
Coweta Resident Sentenced to Sixteen Years for Abusing ChildRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Axton Cole Chancellor, age 25, of Coweta, Oklahoma, was sentenced to 192 months in prison each for one count of Child Abuse in Indian Country and one count of Child Neglect in Indian Country. The sentences on each count were ordered to run concurrently.
On July 5, 2022, Chancellor pleaded guilty to the charges. According to investigators, over a three day span in October of 2018, Chancellor willfully and maliciously harmed an infant entrusted to his care, then failed to seek medical treatment for the infant after inflicting severe injuries. The crime occurred in Wagoner County, within the boundaries of the Muscogee (Creek) Nation Reservation, in the Eastern District of Oklahoma.
The charges arose from an investigation by the Wagoner County Sheriff’s Office and the Federal Bureau of Investigation.
The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting by assignment, presided over the hearing in Oklahoma City. Chancellor was remanded to the 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 Attorneys Caila M. Cleary and Morgan Muzljakovich represented the United States.
Colonie Man Pleads Guilty to Unemployment Insurance FraudRead the Press Release
ALBANY, NEW YORK – Rocco Resciniti, a/k/a “Rock,” age 50, of Colonie, New York, pled guilty today to conspiring to defraud the New York State Department of Labor (NYSDOL) by obtaining unemployment insurance benefits under the name of another person, including benefits funded by the federal government in response to the COVID-19 pandemic.
The announcement was made by United States Attorney Carla B. Freedman; Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Jonathan Mellone, Special Agent in Charge, North East Region, U.S. Department of Labor, Office of Inspector General (USDOL-OIG).
Resciniti admitted that he provided Carl J. DiVeglia III with the personal identifying information of three individuals, which DiVeglia used to file false claims via the NYSDOL website. Resciniti further admitted that as a result of the fraudulent applications submitted by DiVeglia, the NYSDOL paid $69,718 in unemployment insurance benefits. As part of his plea agreement, Resciniti agreed to pay $69,718 in restitution to the State of New York. DiVeglia previously pled guilty to fraudulently obtaining $1.6 million in unemployment insurance benefits as part of the scheme. Charges against two of Resciniti’s three co-defendants, Todd Ward and Jamaine Myers, are still pending; the charges against them are merely allegations, and they are presumed innocent unless and until proven guilty. The third co-defendant, Christopher Ward, pled guilty earlier this month.
Resciniti faces a maximum of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years when he is sentenced on July 18, 2024 by United States District Judge Glenn T. Suddaby.
The FBI and USDOL-OIG are investigating this case, with assistance from the NYSDOL Office of Special Investigations. Assistant U.S. Attorneys Joseph S. Hartunian and Joshua R. Rosenthal are prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Chief Operating Officer and Vice President of International Cargo Airline Plead Guilty to Defrauding Their EmployerRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced the guilty pleas today of LARS WINKELBAUER and ABILASH KURIEN in connection with a massive scheme to defraud Polar Air Cargo Worldwide, Inc. (“Polar”), a leading cargo airline, of tens of millions of dollars in revenue. WINKELBAUER pled guilty today to conspiracy to commit wire fraud and money laundering before U.S. District Judge Jesse M. Furman, and KURIEN pled guilty yesterday to the same offense.
U.S. Attorney Damian Williams said: “In April 2023, this Office charged 10 defendants for their involvement in a widespread scheme that permeated nearly every facet of Polar Air Cargo Worldwide. To date, nine individuals have pled guilty, including Lars Winkelbauer and Abilash Kurien, two top executives who have confessed today and are poised to face time in prison for their betrayal of the company’s trust and that of the wider community. Wire fraud and money laundering are not merely financial crimes; they erode faith in institutions, undermine economic stability, and harm innocent individuals and businesses. This Office and our partners recognize that profound impact and we will not falter in our work to uphold the rule of the law.”
According to the allegations contained in the Indictment and statements made in public filings and in public court proceedings:
From at least in or about 2009 through in or about July 2021, WINKELBAUER, KURIEN, and at least eight other individuals participated in a massive scheme to defraud Polar. At all relevant times, WINKELBAUER, KURIEN, and two co-defendants were senior executives of Polar (the “Executive Defendants”), and six co-defendants (the “Vendor Defendants”) owned and operated various Polar vendors and customers.
WINKELBAUER was Polar’s Chief Operating Officer and Executive Vice President and is the most senior of the Executive Defendants. KURIEN was the Vice President of Marketing, Revenue Management, and Network Planning.
The Executive Defendants agreed to accept millions of dollars in kickbacks from the Vendor Defendants and also reaped substantial financial benefits as a result of their secret ownership interests in certain Polar vendors, in exchange for ensuring that those vendors received favorable business arrangements with Polar. The fraud they perpetrated — which involved a substantial portion of Polar’s senior management and at least 10 customers and vendors of Polar — led to pervasive corruption of Polar’s business, touching nearly every aspect of the company’s operations for over a decade.
As a result of the scheme, the Executive Defendants, along with two co-conspirators who also worked as senior executives at Polar, received unlawful payments, either directly or through various limited liability companies they controlled, in excess of approximately $23 million in kickback payments or disbursements as a result of their ownership of conflicted companies.
WINKELBAUER and KURIEN are the eighth and ninth defendants to plead guilty in the case thus far.
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WINKELBAUER, 48, of Bangkok, Thailand, and KURIEN, 46, of Wilton, Connecticut, each pled guilty to one count of conspiracy to commit wire fraud and money laundering, which carries a maximum sentence of five years in prison. WINKELBAUER agreed to pay forfeiture in the amount of $6,774,039.30 and to make restitution to Polar in the amount of $33,539,396. KURIEN agreed to pay forfeiture in the amount of $7,192,064.41 and to make restitution to Polar in the amount of $22,956,341. WINKELBAUER is scheduled to be sentenced by Judge Furman on May 30, 2024, and KURIEN is scheduled to be sentenced by Judge Furman on July 23, 2024.
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 the judge.
Mr. Williams praised the outstanding work of the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Katherine Reilly, Danielle Kudla, Kevin Mead, and Qais Ghafary are in charge of the prosecution.
Celina physician indicted for illegally distributing controlled substancesRead the Press Release
SHERMAN, Texas – A Celina physician and eight others have been indicted for federal drug distribution violations in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs today.
Kevin Shelton, 53, was named in an indictment returned by a federal grand jury in February 2024, charging him with possession with conspiracy to possess with intent to manufacture and distribute controlled substances and conspiracy to commit money laundering.
The following individuals were also charged in the indictment:
Stephanie Shelton, 48, of Celina;
Jai Ellis, 41, of Celina;
Clay York, 50, of Rowlett;
Stephanie York, 49, of Rowlett;
Jeffrey Cornwell, 47, of McKinney;
Raman Bhaumik, 45, of Plano;
Prasenjit Bhaumik, 48, of Plano; and
David Pokorny, 62, of Sherman.
The defendants made initial appearances on Feb. 29, 2024 before U.S. District Judge Sean Jordan.
According to the indictment and information presented in court, the defendants are alleged to have conspired to possess with the intent to distribute controlled substances, including Hydrocodone; Oxandrolone; Nandrolone; Phentermine; Alprazolam; Diazepam; Testosterone; Tramadol; Adderall; and Dextroamphetamine. The defendants also conspired to commit the offense of money laundering.
If convicted, the defendants each face up to 20 years in federal prison. This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
This case is being investigated by the U.S. Drug Enforcement Administration and the Internal Revenue Service – Criminal Investigation. This case is being prosecuted by assistant U.S. attorneys in Plano and Sherman.
A grand jury indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Canadian Man Pleads Guilty to Stolen Valor Offense and Unlawfully Forging Military Discharge PaperworkRead the Press Release
PLATTSBURGH, NEW YORK – Randall J. Montour, age 45, a resident of Cornwall, Ontario, pled guilty today to violating the Stolen Valor Act of 2013 and to falsifying his military discharge certificate. United States Attorney Carla B. Freedman and United States Marshal David L. McNulty made the announcement.
Montour admitted that he falsely altered his Certificate of Release or Discharge from Active Duty, Form DD-214, to reflect he received an honorable discharge from the United States Air Force and that he earned numerous decorations, medals, badges, citations or campaign ribbons, including the Purple Heart. Military records show, however, that Montour received a bad-conduct discharge from the Air Force in 2001 and was awarded only the Air Force Training Ribbon during his time in service. He is not a Purple Heart recipient. Montour also admitted that he used his altered Form DD-214 to purchase Purple Heart Recipient license plates from the New York State Department of Motor Vehicles, which he then affixed to his vehicle.
Sentencing is scheduled for June 27, 2024. Montour faces up to 1 year in jail, a fine of up to $100,000, and a term of supervised release of up to 1 year. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The United States Marshals Service investigated the case with assistance from the United States Air Force Office of Special Investigations (OSI), Homeland Security Investigations (HSI), U.S. Customs and Border Protection (CBP) and the New York State Department of Motor Vehicles. Assistant U.S. Attorney Douglas G. Collyer is prosecuting the case.
California Man Admits to Aiding and Abetting a Wire Fraud Scheme During COVID-19 that Cost the Federal Government over $100,000Read the Press Release
SALT LAKE CITY, Utah – A California resident pleaded guilty today to aiding and abetting wire fraud, which led to defrauding the federal government of approximately $114,066 in unemployment benefits during COVID-19, while he was living and working in Utah. He also admitted to aiding and abetting others to fraudulently apply and pay him as compensation.
According to court documents and admissions made during his change of plea hearing, Robert James Waff, 50, of Sacramento, CA, from June 2020 to September 2020, devised a scheme to defraud the California Employment Development Department by applying for the Covid-19 related California unemployment benefits through the California EDD website. Waff admitted that he applied, and aided and abetted others to apply, for unemployment benefits that were funded by the CARES Act in response to the COVID-19 Pandemic. Waff applied for the benefits electronically, and submitted a false address, false employment history and false income. Waff then began collecting the unemployment benefits while living and working in Utah. Waff then assisted three others, who never worked in California, to apply electronically for the same benefits by supplying them with the same false information. He then had debit cards mailed to his address in Utah. In return for his assistance, the three individuals paid Waff a cash portion of their unemployment benefits. See former release here.
Waff is scheduled to be sentenced May 15, 2024, at 2:00 p.m. in courtroom 3.4 before a U.S. District Court Judge at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case is being investigated jointly by the FBI Salt Lake City Division and the U.S. Department of Labor, Office of Inspector General (OIG).
Assistant United States Attorney Brian Williams of the U.S. Attorney’s Office for the District of Utah is prosecuting the case.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.