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Monday 6 November 2023
New York Man Sentenced to Federal Prison for Stealing $200k in Products from Home Depot and Lowe’sRead the Press Release
CONCORD – A New York man was sentenced today in federal court in Concord for transporting stolen goods from Home Depot and Lowe’s across state lines, U.S. Attorney Jane E. Young announces.
Jalil McIntyre, 32, was sentenced by U.S. District Court Judge Paul J. Barbadoro to 24 months in prison and 3 years of supervised release. McIntyre was also ordered to pay $204,969.02 in restitution, of which $179,606.25 is payable to Lowe’s and $25,362.77 is payable to Home Depot. On July 31, 2023, McIntyre pleaded guilty to Transportation of Stolen Goods. McIntyre’s co-defendant, Dushun Jackson, pled guilty on September 15, 2023, and is currently in federal custody. Jackson is scheduled to be sentenced on December 28, 2023.
“Organized theft rings cause significant financial losses to the retail industry, which ultimately impacts consumers,” said U.S. Attorney Young. “Today’s sentence sends a strong message that federal law enforcement will enforce laws protecting the retail industry from organized theft, with federal felony convictions and imprisonment as a consequence.”
“Jalil McIntyre didn’t think twice about stealing hundreds of thousands of dollars in high-end merchandise from home improvement retailers all over New England to pad his pockets, and today, he learned there are serious consequences for such brazen criminal conduct,” said Jodi Cohen, Special Agent in Charge of the FBI Boston Division. “Organized retail theft costs businesses, retailers, and consumers—and puts the public at risk—which is why the FBI and our law enforcement partners are doing everything we can to combat it.”
McIntyre and Jackson traveled to Lowe’s and Home Depots across the northeastern United States, including New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, and New Jersey. They stole high-value commercial items, such as circuit breakers. They were seen on surveillance footage grabbing products off shelves, placing them into large plastic bags, and walking out of the stores. In total, they stole $204,969.02 worth of products across 24 separate thefts. They also attempted to steal another $46,619.07 worth of products during 11 additional unsuccessful thefts. The stolen products were brought back to New York, where both McIntyre and Jackson lived.
The Federal Bureau of Investigation led the investigation. Valuable assistance was provided by the Hillsborough County Attorney’s Office, the Rockingham County Attorney’s Office, the Rochester Police Department, the Suffolk County District Attorney’s Office in New York, the Seabrook Police Department, the Nashua Police Department, the Windham Police Department, and the Derry Police Department. Assistant U.S. Attorney Alexander S. Chen is prosecuting the case.
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New Orleans Woman Sentenced for Transmitting Threatening CommunicationsRead the Press Release
NEW ORLEANS, LOUISIANA – ZANDRA ELLIS, age 34, of New Orleans, was sentenced on October 31, 2023, to eighteen (18) months imprisonment by the U.S. District Judge Susie Morgan, announced U.S. Attorney Duane A. Evans. ELLIS previously pleaded guilty to transmitting threatening communications in interstate commerce in violation of 18 U.S.C. § 875(c).
According to court documents, in June 2022, ELLIS submitted a request to a website to have a romantic rival killed. The website was, in fact, a parody website complete with its own web-based intake form for would-be solicitors to fill out, in their own words, the who, what, when, where, and why for requested services. The site boasts its own fictitious privacy statement known as HIPPA (Hitman Information Privacy & Protection Act of 1964) and is linked directly to the Federal Bureau of Investigation’s (FBI) Internet Crime Complaint Center (ic3.gov). On July 5, 2022, ELLIS, communicated with an FBI undercover agent who was posing as a hitman. In those text message exchanges, ELLIS confirmed the ongoing feud with a romantic rival, reiterated her request to have that person killed, and agreed to pay the “hitman” $1,000. When ELLIS met the undercover agent on July 6, 2022, she provided a $100 down payment after which she was arrested. At the time of her arrest, ELLIS possessed a loaded Ruger .380 pistol.
In addition to the term of imprisonment, ELLIS will serve three (3) years of supervised release following any term of imprisonment and pay a mandatory special assessment fee of $100.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Gregory M. Kennedy of the Violent Crime Unit.
New Castle Resident Pleads Guilty to Drug Trafficking CrimesRead the Press Release
PITTSBURGH, PA– Rayjzon Sams pled guilty to fentanyl and cocaine trafficking crimes, United States Attorney Eric G. Olshan announced today.
Sams, age 31, of New Castle, Pennsylvania, pled guilty before United States District Judge Cathy Bissoon. Sams pled guilty to (1) conspiring to distribute cocaine and crack, (2) distributing crack within 1,000 feet of a school, and (3) possessing fentanyl and crack with intent to distribute. Judge Bissoon scheduled sentencing to occur on March 7, 2024, at 10:00 a.m.
The law provides for a sentence of at least one year and up to 120 years in prison and a fine of up to $8,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed is to be based upon the seriousness of the offenses and the prior criminal history of the defendant.
Assistant United States Attorneys Benjamin C. Dobkin and Craig W. Haller are prosecuting this case on behalf of the United States.
The Federal Bureau of Investigation, the Drug Enforcement Administration, the Pennsylvania Attorney General’s Office, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Pennsylvania State Police, the Lawrence County Drug Task Force, the Mercer County Drug Task Force, the New Castle Police Department, the Sharon Police Department, the Hermitage Police Department, and the Farrell Police Department led the investigation resulting in the conviction in this case.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Nevada Man Sentenced in Prize Notice SchemeRead the Press Release
A Nevada man was sentenced today in Las Vegas for perpetrating a prize-notification scheme that defrauded thousands of elderly and vulnerable victims. Edgar Del Rio, 56, of Las Vegas, was sentenced to 51 months in prison. Del Rio previously pleaded guilty to conspiracy to commit mail fraud.
According to court documents, Del Rio and other co-conspirators printed and mailed millions of fraudulent prize notices that led their victims to believe that they could claim a large cash prize if they paid a fee of $20 to $25. This was false; victims who paid the fees did not receive anything of value. Once victims fell prey to the scheme, Del Rio and his co-conspirators bombarded them with more fraudulent mail. Del Rio and his partners received millions of dollars from victims.
“Today’s sentence holds Edgar Del Rio accountable for using lies to steal from the elderly and vulnerable,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to protecting consumers from predatory mass-mailing schemes.”
The scheme operated from 2010 to February 2018, when postal inspectors executed multiple search warrants and the Justice Department obtained a court order shutting down the fraudulent mail operation. Del Rio operated one of several printing and mailing businesses that sent the fraudulent mail and shared the profits from the fraudulent prize notices.
“The defendant is being held fully accountable for his role in perpetuating a multi-year fraud scheme and stealing millions of dollars from thousands of elderly victims,” said U.S. Attorney Jason M. Frierson for the District of Nevada. “Working together with the Consumer Protection Branch and U.S. Postal Inspection Service, we will pursue and shutdown perpetrators who prey on vulnerable citizens for financial gain and bring them to justice.”
“Thousands of vulnerable older Americans were scammed by Edgar Del Rio and his cohorts,” said Inspector in Charge Eric Shen of the U.S. Postal Inspection Services (USPIS) Criminal Investigations Group. “Postal inspectors work hard investigate and apprehend scammers, but also to prevent these scams. The best defense is to not respond to prize-winning correspondence in the first place, and if you have to pay money to claim a prize, you can be sure it’s a scam.”
Three other people previously pleaded guilty to conspiracy to commit mail fraud in connection with this prize notice scheme: Patti Kern, 66, of Henderson, Nevada; Andrea Burrow, 53, of Las Vegas; and Sean O’Connor, 54, of Las Vegas. Three other members of the scheme were found guilty by a jury and sentenced earlier this year. Mario Castro, 55, of Las Vegas, was sentenced to 20 years in prison. Miguel Castro, 58, of Las Vegas, was sentenced to 19 years and six months in prison. Jose Luis Mendez, 49, of Henderson, was sentenced to 14 years in prison.
USPIS investigated the case.
Trial Attorneys Timothy Finley and Daniel Zytnick of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Mina Chang for the District of Nevada prosecuted the case.
If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage at www.justice.gov/elderjustice. For more information about the Consumer Protection Branch and its enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at www.ovc.gov.
Nevada Man Sentenced in Prize Notice SchemeRead the Press Release
LAS VEGAS – A Nevada man was sentenced today in Las Vegas for perpetrating a prize-notification scheme that defrauded thousands of elderly and vulnerable victims. Edgar Del Rio, 56, of Las Vegas, was sentenced to 51 months in prison. Del Rio previously pleaded guilty to conspiracy to commit mail fraud.
According to court documents, Del Rio and other co-conspirators printed and mailed millions of fraudulent prize notices that led their victims to believe that they could claim a large cash prize if they paid a fee of $20 to $25. This was false; victims who paid the fees did not receive anything of value. Once victims fell prey to the scheme, Del Rio and his co-conspirators bombarded them with more fraudulent mail. Del Rio and his partners received millions of dollars from victims.
“Today’s sentence holds Edgar Del Rio accountable for using lies to steal from the elderly and vulnerable,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to protecting consumers from predatory mass-mailing schemes.”
The scheme operated from 2010 to February 2018, when postal inspectors executed multiple search warrants and the Justice Department obtained a court order shutting down the fraudulent mail operation. Del Rio operated one of several printing and mailing businesses that sent the fraudulent mail and shared the profits from the fraudulent prize notices.
“The defendant is being held fully accountable for his role in perpetuating a multi-year fraud scheme and stealing millions of dollars from thousands of elderly victims,” said U.S. Attorney Jason M. Frierson for the District of Nevada. “Working together with the Consumer Protection Branch and U.S. Postal Inspection Service, we will pursue and shutdown perpetrators who prey on vulnerable citizens for financial gain and bring them to justice.”
“Thousands of vulnerable older Americans were scammed by Edgar Del Rio and his cohorts,” said Inspector in Charge Eric Shen of the U.S. Postal Inspection Services (USPIS) Criminal Investigations Group. “Postal inspectors work hard investigate and apprehend scammers, but also to prevent these scams. The best defense is to not respond to prize-winning correspondence in the first place, and if you have to pay money to claim a prize, you can be sure it’s a scam.”
Three other people previously pleaded guilty to conspiracy to commit mail fraud in connection with this prize notice scheme: Patti Kern, 66, of Henderson, Nevada; Andrea Burrow, 53, of Las Vegas; and Sean O’Connor, 54, of Las Vegas. Three other members of the scheme were found guilty by a jury and sentenced earlier this year. Mario Castro, 55, of Las Vegas, was sentenced to 20 years in prison. Miguel Castro, 58, of Las Vegas, was sentenced to 19 years and six months in prison. Jose Luis Mendez, 49, of Henderson, was sentenced to 14 years in prison.
USPIS investigated the case.
Trial Attorneys Timothy Finley and Daniel Zytnick of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Mina Chang for the District of Nevada prosecuted the case.
If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage at www.justice.gov/elderjustice. For more information about the Consumer Protection Branch and its enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at www.ovc.gov.
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Man Sentenced to 15 Years for Conspiring to Provide Material Support to TerroristsRead the Press Release
A Maine man was sentenced today to 15 years in prison followed by a lifetime of supervised release for conspiring to provide material support to terrorists.
According to court documents, Xavier Pelkey, 20, of Waterville, pleaded guilty on April 7. Beginning in November 2021, Pelkey conspired with two minors, one located in Chicago and one in Canada, to conduct a mass shooting at a Shia mosque in the Chicago area. Pelkey and his co-conspirators were subscribers to a radical form of Sunni Islam and supporters of the foreign terrorist organization the Islamic State, also known as ISIS. Pelkey planned to contribute firearms, ammunition and explosives to be used in the attack.
In February 2022, the FBI executed a search warrant at Pelkey’s Waterville residence and discovered three handmade explosive devices. Investigators observed a hand-painted version of the flag used by ISIS on the wall of Pelkey’s bedroom and recovered written statements intended to be released just prior to the planned attack claiming the attack in the name of ISIS.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Darcie N. McElwee for the District of Maine and Executive Assistant Director Larissa Knapp of the FBI’s National Security Branch made the announcement.
The FBI investigated the case.
Assistant U.S. Attorney Craig M. Wolff for the District of Maine and Trial Attorney Jennifer Levy of the National Security Division’s Counterterrorism Section prosecuted the case.
Knoxville Police Officer Arrested for Production of Child PornographyRead the Press Release
KNOXVILLE, Tenn. — Dan Roark, 47, an officer with the Knoxville Police Department, was arrested today in Knoxville on federal charges involving the production of child pornography.
An initial appearance was held on Monday, November 6, 2023, at 2:30 p.m., in United States District Court in Knoxville before the Honorable Jill E. McCook, United States Magistrate Judge.
Details of the charges are outlined in the Criminal Complaint and Affidavit in Support of Criminal Complaint, Case No. 3:23-MJ-2201, which are filed in the United States District Court for the Eastern District of Tennessee.
The Criminal Complaint is the result of an investigation by Homeland Security Investigations (HSI), Scott County Sheriff, Virginia, Tennessee Bureau of Investigation (TBI), and the Ninth Judicial District Attorney’s Office.
Assistant United States Attorney Jennifer Kolman will represent the United States.
Members of the public are reminded that these are only charges and that every person is presumed innocent until their guilt has been proven beyond a reasonable doubt.
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Kennesaw man sentenced for attempting to entice minor for sexRead the Press Release
ATLANTA - Joshua Herrera, who attempted to arrange to meet a minor girl for sex online, has been sentenced to federal prison for enticing a minor to engage in illegal sexual activity.
“Online predators, like Herrera, mistakenly believe that they can anonymously exploit social media and apps to sexually abuse young children,” said U.S. Attorney Ryan K. Buchanan. “But the tireless efforts of federal, state, and local investigators make it possible to hold these perpetrators accountable. We strongly encourage parents to remain vigilant in monitoring their children’s use of electronic devices and to immediately report suspicious activity to law enforcement.”
“The severity of this sentence clearly reflects the threat Herrera posed to the community and is the greatest message the FBI can send to anyone who would think about harming a child in this way,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “This is case shows the lengths the FBI will go to thwart child predators and we are thankful for the hard work of our team that connected with Herrera before he could get to an innocent child.”
According to U.S. Attorney Buchanan, the charges and other information presented in court: On November 19, 2019, Joshua Herrera communicated online with an undercover special agent and expressed interest in performing sex acts on a minor girl, requested photographs of the child, and arranged to meet the girl. On January 16, 2020, Herrera drove from Athens, Georgia, to a pre-arranged location in metro-Atlanta where he believed he would meet the child. FBI special agents arrested him upon his arrival.
Joshua Herrera, 29, of Kennesaw, Georgia, was sentenced by U.S. District Judge Steven D. Grimberg to 19 and a half years in prison to be followed by a lifetime of supervised release. He is also required to register as a sex offender. Herrera was convicted of the offense on March 30, 2023, after a four-day jury trial.
The FBI investigated this case.
Assistant U.S. Attorneys Stephanie Gabay-Smith and Jesika W. French prosecuted the case.
This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Kanawha County Man Sentenced to 10 Years in Prison for Child Exploitation CrimeRead the Press Release
CHARLESTON, W.Va. – Isaiah Harley Daniels, 24, of Sissonville, was ordered today to serve 10 years in prison, to be followed by 10 years of supervised release, and pay $6,000 in restitution for attempted enticement of a minor. Daniels must also register as a sex offender.
According to court documents and statements made in court, in June 2021 Daniels began communicating online with a 13-year-old girl using the Kik instant messaging app. Daniels admitted to sending the minor female pornographic images while explaining sexual intercourse to her and asking her to “get naked.” Daniels further admitted to initiating several video calls with the minor female in an attempt to watch her masturbate. He took screenshots of some of his conversations with the minor female that he saved on his cell phone.
Daniels also admitted to engaging in online conversation that were sexual in nature with other individuals he believed to be children. Daniels pretended to be 17 years old at times so he would appear younger. Several of the individuals that Daniels believed were children sent him images of themselves naked and masturbating.
Daniels admitted that he knowingly possessed 22 images and 297 videos on his cell phone and in his Kik account depicting known minors engaged in sexually explicit conduct.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) and the West Virginia State Police.
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence today, confirming the prison and supervised release terms he imposed at an October 16, 2023 hearing. Assistant United States Attorneys Julie M. White and Erik S. Goes prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-23.
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KC Man Pleads Guilty to Cyberstalking That Resulted in MurderRead the Press Release
KANSAS CITY, Mo. – A former Kansas City, Mo., man pleaded guilty in federal court today to using a GPS tracking device to surveil another man who was shot to death in a grocery store parking lot.
Dontay Campbell, 34, pleaded guilty before U.S. District Judge Roseann Ketchmark to one count of cyberstalking resulting in death.
By pleading guilty today, Campbell admitted that he aided and abetted his co-conspirators in the use of a GPS tracking device to surveil Dontayus Wiles, and that he did so with the intent to kill, injure, harass, and intimidate Wiles. Campbell also admitted that their conduct resulted in the shooting death of Wiles.
Conspirators placed a GPS tracking device on Wiles’s red Chevrolet Tahoe. On March 16, 2019, Campbell and two co-conspirators surveilled Wiles as he and his wife drove to Happy Foods grocery store, located at 4019 E. 31st Street, Kansas City, Mo. When Wiles and his wife left the grocery store and walked back to the Tahoe, through the parking lot crowded with people, including children, Campbell and a co-conspirator pulled up next to the Tahoe in a Chrysler Sebring. Campbell’s co-conspirator exited the Sebring and shot at Wiles several times with a Ruger .40-caliber handgun that belonged to Campbell. During the shooting spree, Campbell attempted unsuccessfully to remove the GPS tracker from Wiles’s vehicle.
Campbell and the co-conspirator then ran back to the Sebring, briefly drove around the parking lot, and parked again near Wiles’s Tahoe. Campbell’s co-conspirator again fired multiple shots into Wiles’s Tahoe while Campbell again tried unsuccessfully to retrieve the GPS tracker. Campbell and his co-conspirator then sped out of the parking lot in the Sebring.
Wiles died from multiple gunshot wounds. Investigators recovered 17 expended .40-caliber shell casings near Wiles’s vehicle, all of which were determined to be fired by the same weapon. Investigators also recovered the GPS tracker underneath the vehicle and determined that the tracker had been purchased and activated in February 2019.
Under the terms of today’s plea agreement, the maximum sentence cannot exceed 30 years in federal prison without parole. The sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Trey Alford, Nicholas Heberle, and Matthew Wolesky. It was investigated by the FBI and the Kansas City, Mo., Police Department.
Justice Department to Monitor the Polls for Compliance with Federal Voting Rights Laws in Several JurisdictionsRead the Press Release
WASHINGTON – The Justice Department announced today that it plans to monitor compliance with federal voting rights laws in several jurisdictions for the Nov. 7 general election.
The department will assign federal observers to monitor the election in Union County, New Jersey, to observe the county’s compliance with the Voting Rights Act. Earlier this year, a federal court approved a consent decree to resolve the department’s claims under Section 203 and 208 of the Voting Rights Act regarding the availability of election assistance and materials in Spanish for Spanish-speaking voters with limited English proficiency in Union County. The consent decree authorizes federal observers to monitor election day activities in the county’s polling places.
For this election, the Civil Rights Division will also monitor for compliance with the federal voting rights laws on Election Day in the following jurisdictions: Pawtucket and Woonsocket, Rhode Island; Madison County and Panola County, Mississippi; and Prince William County, Virginia.
The Civil Rights Division enforces the federal voting rights laws that protect the rights of all citizens to access the ballot. The division regularly deploys its staff to monitor for compliance with the federal civil rights laws in elections in communities all across the country. In addition, the division also deploys federal observers from the Office of Personnel Management, where authorized by federal court order.
The Civil Rights Division’s Voting Section enforces the civil provisions of federal statutes that protect the right to vote, including the Voting Rights Act, the National Voter Registration Act, the Help America Vote Act, the Civil Rights Acts and the Uniformed and Overseas Citizens Absentee Voting Act.
Civil Rights Division personnel is also available to receive complaints from the public related to possible violations of federal voting rights laws by a complaint form on the department’s website at civilrights.justice.gov/ or by telephone toll-free at 800-253-3931.
Visit www.justice.gov/crt/voting-section for more information about the Voting Rights Act and other federal voting rights laws.
More information about the federal civil rights laws is available at the Civil Rights Division’s website at justice.gov/crt.
Justice Department to Monitor Polls for Compliance wth Federal Voting Rights Laws in Several JurisdictionsRead the Press Release
NEWARK, N.J. – The Justice Department announced today that it plans to monitor compliance with federal voting rights laws in several jurisdictions for the Nov. 7 general election.
The department will assign federal observers to monitor the election in Union County, New Jersey, to observe the county’s compliance with the Voting Rights Act. Earlier this year, a federal court approved a consent decree to resolve the department’s claims under Section 203 and 208 of the Voting Rights Act regarding the availability of election assistance and materials in Spanish for Spanish-speaking voters with limited English proficiency in Union County. The consent decree authorizes federal observers to monitor election day activities in the county’s polling places.
For this election, the Civil Rights Division will also monitor for compliance with the federal voting rights laws on Election Day in the following jurisdictions: Pawtucket and Woonsocket, Rhode Island; Madison County and Panola County, Mississippi; and Prince William County, Virginia.
The Civil Rights Division enforces the federal voting rights laws that protect the rights of all citizens to access the ballot. The division regularly deploys its staff to monitor for compliance with the federal civil rights laws in elections in communities all across the country. In addition, the division also deploys federal observers from the Office of Personnel Management, where authorized by federal court order.
The Civil Rights Division’s Voting Section enforces the civil provisions of federal statutes that protect the right to vote, including the Voting Rights Act, the National Voter Registration Act, the Help America Vote Act, the Civil Rights Acts and the Uniformed and Overseas Citizens Absentee Voting Act.
Civil Rights Division personnel is also available to receive complaints from the public related to possible violations of federal voting rights laws by a complaint form on the department’s website at civilrights.justice.gov/ or by telephone toll-free at 800-253-3931.
Visit www.justice.gov/crt/voting-section for more information about the Voting Rights Act and other federal voting rights laws.
More information about the federal civil rights laws is available at the Civil Rights Division’s website at justice.gov/crt.
spanish_version.pdfJustice Department to Monitor Polls for Compliance with Federal Voting Rights Laws in Several JurisdictionsRead the Press Release
WASHINGTON – The Justice Department announced today that it plans to monitor compliance with federal voting rights laws in several jurisdictions for the Nov. 7 general election.
The department will assign federal observers to monitor the election in Union County, New Jersey, to observe the county’s compliance with the Voting Rights Act. Earlier this year, a federal court approved a consent decree to resolve the department’s claims under Section 203 and 208 of the Voting Rights Act regarding the availability of election assistance and materials in Spanish for Spanish-speaking voters with limited English proficiency in Union County. The consent decree authorizes federal observers to monitor election day activities in the county’s polling places.
For this election, the Civil Rights Division will also monitor for compliance with the federal voting rights laws on Election Day in the following jurisdictions: Pawtucket and Woonsocket, Rhode Island; Madison County and Panola County, Mississippi; and Prince William County, Virginia.
The Civil Rights Division enforces the federal voting rights laws that protect the rights of all citizens to access the ballot. The division regularly deploys its staff to monitor for compliance with the federal civil rights laws in elections in communities all across the country. In addition, the division also deploys federal observers from the Office of Personnel Management, where authorized by federal court order.
The Civil Rights Division’s Voting Section enforces the civil provisions of federal statutes that protect the right to vote, including the Voting Rights Act, the National Voter Registration Act, the Help America Vote Act, the Civil Rights Acts and the Uniformed and Overseas Citizens Absentee Voting Act.
Civil Rights Division personnel is also available to receive complaints from the public related to possible violations of federal voting rights laws by a complaint form on the department’s website at civilrights.justice.gov/ or by telephone toll-free at 800-253-3931.
Visit www.justice.gov/crt/voting-section for more information about the Voting Rights Act and other federal voting rights laws.
More information about the federal civil rights laws is available at the Civil Rights Division’s website at justice.gov/crt.
Justice Department finds multiple Texas county election websites inaccessible to people with disabilitiesRead the Press Release
HOUSTON — The Justice Department announced today its findings that four Texas counties violated Title II of the Americans with Disabilities Act (ADA) by maintaining election websites that discriminate against individuals with vision or manual disabilities.
In public letters issued to Colorado County, Runnels County, Smith County and Upton County, the department detailed its findings following its investigation and asked the counties to work with the Civil Rights Division and the U.S. Attorneys’ Offices for the Eastern, Northern, Southern and Western Districts of Texas to resolve the identified civil rights violations.
“My 80-year-old mother’s arthritis means she can’t grasp a computer mouse like she used to, increasingly relying on keyboard accessible websites. And, her failing vision makes it hard for her to navigate a website that lacks clear and correct titles,” said U.S. Attorney Alamdar S. Hamdani. “Despite her disabilities, my mother’s fundamental right to vote is the same as any other’s. All voters should have full access to election information, including individuals with disabilities.”
“Voting is fundamental to American democracy,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “It is imperative that all eligible voters with disabilities across the country have the information they need to access the ballot and exercise their right to vote in state and federal elections.”
The election websites for these four Texas counties provide important information about how to vote, such as registration requirements, identification requirements and voting information for people with disabilities. The websites also link to other critical information, including details about early voting and voting on election day.
The department found that the websites are not accessible to individuals who are blind or have low vision, or who cannot grasp a mouse, and use screen readers, keyboards or other assistive technology. For example, on all four of the election websites, menus and links do not function properly for people who use a keyboard to navigate, and posted documents are inaccessible to people who use assistive technologies. Because the election websites are inaccessible, the counties deny people with vision and manual disabilities equal access to election programs and online services provided through these websites and fail to ensure effective communication with people with disabilities.
These four investigations are part of the department’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities. People with information about these findings are encouraged to contact the department via email at [email protected], through the Civil Rights Division’s Civil Rights Portal, available at civilrights.justice.gov/, or by calling 888-473-2780. To read more about the ADA and how it applies to voting, please visit www.ada.gov/topics/voting/.
Justice Department Takes Action to Ensure Compliance with Federal Voting Rights Laws in Virginia and Several JurisdictionsRead the Press Release
ALEXANDRIA, Va. – The Justice Department announced today plans to ensure compliance with federal voting rights laws in Virginia and several jurisdictions for the Nov. 7 general election.
For this election, the Civil Rights Division will monitor for compliance with the federal voting rights laws on Election Day in jurisdictions across the country, including Prince William County, Virginia. The Department has assigned federal observers to monitor the election there to specifically observe the county’s compliance with Section 203 and 208 of the Voting Rights Act regarding the availability of election assistance and materials in Spanish for Spanish-speaking voters with limited English proficiency. Other counties to be monitored are Pawtucket and Woonsocket, Rhode Island; Union County, New Jersey; and Madison County and Panola County, Mississippi.
United States Attorney Jessica D. Aber additionally announced today that Assistant United States Attorneys Jordan Harvey, Avi Panth, and Anthony Mozzi will lead the efforts of the U.S. Attorney’s Office for the Eastern District of Virginia (EDVA) in connection with the Justice Department’s nationwide Election Day Program for the upcoming election. Assistant U.S. Attorney Harvey has been appointed to serve as the District Election Officer (DEO) for the Northern Virginia region, Assistant U.S. Attorney Panth for the Central Capitol region, and Assistant U.S. Attorney Mozzi for the Tidewater region. In this capacity, they are responsible for overseeing the District’s handling of Election Day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
The Department of Justice and EDVA have an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
In order to respond to complaints of voting rights concerns and election fraud on November 7, the DEOs will be on duty while the polls are open. From 6 a.m. to 8:30 a.m., and from 5 p.m. to 7 p.m., any calls should be directed to 703-299-3700. From 8:30 a.m. to 5 p.m., calls should be directed to the below phone numbers:
Northern Virginia - Assistant U.S. Attorney Jordan Harvey, 703-299-3700
Tidewater region - Assistant U.S. Attorney Anthony Mozzi, 757-441-6331
Central Capitol region - Assistant U.S. Attorney Avi Panth, 804-819-5400
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day.
Complaints about possible violations of the federal voting rights laws can also be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ The Civil Rights Division enforces the federal voting rights laws that protect the rights of all citizens to access the ballot. The division regularly deploys its staff to monitor for compliance with the federal civil rights laws in elections in communities all across the country. In addition, the division also deploys federal observers from the Office of Personnel Management, where authorized by federal court order.
The Civil Rights Division’s Voting Section enforces the civil provisions of federal statutes that protect the right to vote, including the Voting Rights Act, the National Voter Registration Act, the Help America Vote Act, the Civil Rights Acts and the Uniformed and Overseas Citizens Absentee Voting Act.
Visit www.justice.gov/crt/voting-section for more information about the Voting Rights Act and other federal voting rights laws.
More information about the federal civil rights laws is available at the Civil Rights Division’s website at justice.gov/crt.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Justice Department Finds Multiple Texas County Election Websites Inaccessible to People with DisabilitiesRead the Press Release
The Justice Department announced today its findings that four Texas counties violated Title II of the Americans with Disabilities Act (ADA) by maintaining election websites that discriminate against individuals with vision or manual disabilities.
In public letters issued to Colorado County, Runnels County, Smith County and Upton County, the department detailed its findings following its investigation and asked the counties to work with the Civil Rights Division and the U.S. Attorneys’ Offices for the Eastern, Northern, Southern and Western Districts of Texas to resolve the identified civil rights violations.
“Voting is fundamental to American democracy,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “It is imperative that all eligible voters with disabilities across the country have the information they need to access the ballot and exercise their right to vote in state and federal elections.”
The election websites for these four Texas counties provide important information about how to vote, such as registration requirements, identification requirements and voting information for people with disabilities. The websites also link to other critical information, including details about early voting and voting on election day.
The department found that the websites are not accessible to individuals who are blind or have low vision, or who cannot grasp a mouse, and use screen readers, keyboards or other assistive technology. For example, on all four of the election websites, menus and links do not function properly for people who use a keyboard to navigate, and posted documents are inaccessible to people who use assistive technologies. Because the election websites are inaccessible, the counties deny people with vision and manual disabilities equal access to election programs and online services provided through these websites and fail to ensure effective communication with people with disabilities.
These four investigations are part of the department’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities. People with information about these findings are encouraged to contact the department via email at [email protected], through the Civil Rights Division’s Civil Rights Portal, available at www.civilrights.justice.gov/, or by calling 888-473-2780. To read more about the ADA and how it applies to voting, please visit www.ada.gov/topics/voting/.
Jackson Woman Sentenced to 15 Years in Prison as Armed Career CriminalRead the Press Release
JACKSON, MS – A Jackson woman was sentenced to 15 years in federal prison as an Armed Career Criminal for possession of a firearm by a convicted felon.
According to court documents, on December 8, 2021, federal and state law enforcement executed a search warrant at Betty Butler’s home and found her in possession of a firearm. Butler, 56, had prior felony convictions, and felons are prohibited by federal law from possessing firearms. Four of Butler’s prior convictions were considered serious drug felonies, which triggered application of the Armed Career Criminal Act.
U.S. Attorney Todd W. Gee of the Southern District of Mississippi, Special Agent in Charge Joshua Jackson of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration (DEA) made the announcement.
This case was investigated by the ATF and the DEA, with assistance from the Mississippi Bureau of Narcotics and the Hinds County Sheriff’s Department.
Criminal Chief Erin Chalk and Assistant U.S. Attorney Matt Allen prosecuted the case, with assistance from Assistant U.S. Attorney Kimberly T. Purdie.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation targeting illegal methamphetamine and cocaine distribution in central, Mississippi. 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.
Houston men convicted for roles in cartel related kidnappingRead the Press Release
HOUSTON – Two Houston men have admitted to holding a victim hostage at gunpoint, beating and threatening him with death, announced U.S. Attorney Alamdar S. Hamdani.
Noe Hernandez, 39, helped kidnap and hold the victim for nearly 24 hours on May 3, 2019. He also used a taser to inflict electric shocks to the victim while his hands were tied behind his back.
Homero Gallegos, 43, entered his plea in June.
High-level drug traffickers in Mexico connected to the Cartel Jalisco Nueva Generacion (CJNG) ordered the kidnapping. Mexican cartel members called the victim’s family members and demanded $400,000 for his release. Law enforcement executed a staged pick up of the ransom money in Houston and were able to rescue the victim.
“The Cartel Jalisco Nueva Generacion (CJNG) is one of the most violent cartels in Mexico, responsible for trafficking tons of cocaine, meth and fentanyl into the United States,” said Hamdani. “It’s power comes from a willingness, almost an eagerness, to commit unspeakable acts, including murder. Kidnapping and using a taser to torture exemplifies the level of brutality associated with one of the world’s most dangerous transnational criminal organizations, one that ravages communities from Mexico to Houston…and beyond.”
U.S. District Judge Andrew S. Hanen will impose sentencing March 24, 2024, at which time both men face up to life imprisonment, a possible $250,000 maximum fine. They will remain in custody pending that hearing.
The Drug Enforcement Administration, FBI and the Houston Police Department conducted the investigation. Assistant U.S. Attorneys Anibal J. Alaniz and Casey N. MacDonald are prosecuting the case.
Hot Spring County Sheriff Arrested on Criminal Complaint for ObstructionRead the Press Release
HOT SPRINGS, AR – Derek Scott Finkbeiner, age 46, was arrested on November 2, 2023, by the FBI. He is charged in a Criminal Complaint with a single count of Obstruction of Justice. Finkbeiner is currently serving as the elected County Sheriff in Hot Spring County, Arkansas. A Grand Jury will later hear evidence related to this investigation and determine whether additional criminal charges will be filed against Finkbeiner. If convicted of the charge of Obstruction of Justice, Finkbeiner faces a maximum penalty of twenty years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The Federal Bureau of Investigation (FBI) investigated the case.
Assistant U.S. Attorney’s Bryan Achorn, Trent Daniels and Criminal Chief Kim Harris are prosecuting the case.
A criminal complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Honduran Native Pleads Guilty to Being an Illegal Alien in Possession of AmmunitionRead the Press Release
NEW ORLEANS, LOUISIANA – FRANKLYN ORELLANO-VELASQUEZ, a/k/a “Rony Aguilera,” a/k/a “Rochy Gutierrez,” age 19, a native of Honduras, pleaded guilty on November 2, 2023, to an indictment charging him with being an illegal alien in possession of ammunition, in violation of Title 18, United States Code, Section 922(g)(5)(A).
According to court records, ORELLANO-VELASQUEZ, an alien illegally present in the United States, was found in possession of approximately 40 live .223 caliber rounds. ORELLANO-VELASQUEZ faces a maximum term of imprisonment of 15 years, a fine of up to $250,000, and up to 3 years of supervised release. Sentencing is currently scheduled for February 21, 2023, before United States District Judge Sarah S. Vance.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the United States Department of Homeland Security. Assistant United States Attorney Spiro G. Latsis of the General Crimes Unit is in charge of the prosecution.
Honduran Citizen Charged with Illegal Firearm PossessionRead the Press Release
NEW ORLEANS, LOUISIANA – JUAN JOSUE CUEVAR-ALVARADO, 18, a native of Honduras, was indicted on November 2, 2023 for being an illegal alien in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(5)(A), announced United States Attorney Duane A. Evans.
According to the indictment, on or about September 15, 2023, CUEVAR, an alien present illegally in the United States, was found in possession of a .22 caliber revolver and a nine-millimeter semi-automatic pistol.
If convicted, CUEVAR faces a maximum term of imprisonment of 15 years, a fine of up to $250,000, up to three years of supervised release and a mandatory $100 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.
U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security and the Kenner Police Department in investigating this matter. Assistant United States Attorney Spiro G. Latsis of the General Crimes Unit is in charge of the prosecution.
Hastings Woman Sentenced for Distribution of MethamphetamineRead the Press Release
Acting United States Attorney Susan Lehr announced that Rosa Valtierra, 31, of Hastings, Nebraska, was sentenced November 6, 2023, in federal court in Lincoln, Nebraska for distribution of methamphetamine. Senior U.S. District Judge Gerrard sentenced Valtierra to 60 months’ imprisonment. There is no parole in the federal system. After Valtierra’s release from prison, she will begin a 4-year term of supervised release.
In February 2021, agents purchased meth from Valtierra through a confidential informant. The informant purchased the meth outside an apartment complex in Lexington, Nebraska. At the apartment complex, Valtierra got out of a vehicle, approached the informant’s vehicle, and provided the meth. The buy was audio recorded by law enforcement. The meth was lab tested and confirmed to be approximately 25 grams of a meth mix.
In March 2021, agents again purchased meth from Valtierra through the informant. This occurred in Lexington, Nebraska. Valtierra got into the informant’s vehicle and provided the drugs. The drugs were lab tested and there was at least 23 grams of actual meth.
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. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Grosse Pointe Park Pharmacist Convicted on Drug ChargesRead the Press Release
DETROIT - Hasna Bashir Iwas, 62, of New Baltimore, who owned and operated the former Beacon Pointe Pharmacy in Grosse Pointe Park, was convicted last week by a federal jury on 26 charges related to the unlawful distribution of Schedule II, III, IV and V prescription drug-controlled substances. The verdict was announced by United States Attorney Dawn N. Ison.
Joining Ison in the announcement were Orville Greene, Special Agent in Charge of the Detroit Field Office of the Drug Enforcement Administration, and Mario M. Pinto, Special Agent-In-Charge, United States Department of Health and Human Services – Office of Inspector General.
The charges resulted from the defendant’s operation of Beacon Pointe Pharmacy, in Grosse Pointe Park, during the time period of 2013-2018. Evidence at trial showed she engaged in several interrelated criminal schemes. The defendant regularly filled forged prescriptions for controlled substances presented to her by one or two individuals. The 1,291 forged prescriptions were presented in the names of over 50 different “patients.” The defendant received over $640,000 in cash in exchange for filling the forged prescriptions. Although the defendant initially insisted each of the individual patients was present in her pharmacy when the forged prescriptions were filled, evidence at trial showed that several of the patients were dead, in prison, or were actually never in the pharmacy at all.
Video evidence revealed the defendant distributing controlled drugs to the pill dealers/forgers in prescription pill bottles without required labeling. Without a label containing the pharmacy name, patient’s name, drug strength, quantity and directions for use, the pills could not be traced back to her pharmacy when they were sold on the street. The defendant shredded the labels that should have been on the pill bottles.
An audit of the defendant’s pharmacy showed massive shortages of controlled substances that left the pharmacy without any prescriptions at all. Over 70,000 dosage units of Oxycodone 30mg and over 36,000 dosage units of Xanax 2mg were purchased, delivered to the pharmacy, and not dispensed under any prescription.
Iwas is scheduled to be sentenced by United States District Judge Laurie Michelson on February 20, 2024, at 3:00 p.m. Iwas was convicted on one count of conspiracy to distribute controlled substances, and 25 individual counts of unlawful distribution of controlled substances.
After the conviction Judge Michelson remanded the defendant to custody pending sentencing.
“My office is dedicated to stemming the tide of opioid addiction and the terrible consequences to our families in the Eastern District,” stated U.S. Attorney Ison. We will pursue these drug dealers whether they are distributing drugs in the streets or through a pharmacy.”
“The conviction of Ms. Iwas exemplifies DEA’s determination to combat the diversion of prescription medication. Iwas abused her pharmacist license to enrich herself and in so doing, she knowingly fueled the deadly opioid epidemic currently gripping our nation,” said Orville Greene, Special Agent in Charge of the Detroit Field Office of the Drug Enforcement Administration.
"Medical professionals, and others engaged in the delivery of healthcare services, who exploit opioid addiction and facilitate the diversion of highly addictive medications for financial gain, undermine critical efforts to suppress and eliminate the opioid crisis throughout the country.” said Mario M. Pinto, Special Agent in Charge with the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG will continue working with our law enforcement partners to ensure that bad actors are held accountable for such egregious disregard for public safety.”
The investigation was conducted by the Drug Enforcement Administration, the Department of Health and Human Services – Office of Inspector General, with assistance from the Detroit Police Department.
The case was prosecuted by Assistant United States Attorneys Wayne F. Pratt and Jihan Williams
GE Aerospace Agrees to Pay $9.4 Million to Resolve Allegations of False Claims Act ViolationsRead the Press Release
BOSTON – GE Aerospace, an operating division of the General Electric Company, has agreed to pay $9,413,024 to resolve allegations that its Lynn, Mass. manufacturing plant (GEA Lynn) sold parts to the United States Army and the United States Navy that were either not properly inspected or were nonconforming, in violation of the False Claims Act.
Headquartered in Evendale, Ohio, GE Aerospace manufactures aircraft engines that it sells to U.S. military customers. Engines that GEA Lynn sells to U.S. military customers must meet the requirements established by engineering drawings. To meet those requirements, GEA Lynn further requires employees to follow manufacturing planning instructions including parts inspections, among other requirements. GE Aerospace admits that, at times from July 24, 2012 to Dec. 31, 2019, GEA Lynn did not conduct required parts inspections and sold engines containing parts that did not meet certain required specifications to U.S. miliary customers. Specifically:
- Between July 24, 2014 and Aug. 11, 2017, GEA Lynn did not consistently use functional gauges to inspect features on certain parts;
- Between July 24, 2014 and Sept. 2018, GEA Lynn omitted at least two inspections of curvic features on certain part numbers; and
- Between July 24, 2014 and Dec. 31, 2019, GEA Lynn sold engines to the U.S Army and the U.S. Navy that contained unallowable metal fragments.
“GE Aerospace failed to follow important inspections requirements on engines it sold to the military,” said Acting United States Attorney Joshua S. Levy. “These rules exist for a reason – making sure the men and women we depend upon to protect our national security have the highest quality equipment. Our office is committed to combatting and stopping defense contracting fraud, and we will aggressively pursue these cases.”
“The Defense Criminal Investigative Service (DCIS), the law enforcement arm of the U.S. Department of Defense (DoD) Office of Inspector General, is fully committed to protecting the DoD procurement process,” said Patrick J. Hegarty, Special Agent in Charge of the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office. “Failing to inspect parts as required by contract specifications compromises military systems and potentially endangers the lives of U.S. service members. We will continue to work with our law enforcement partners and the Department of Justice to investigate DoD contractors that submit false claims to DoD agencies and threaten the DoD supply chain.”
“The provision of non-conforming parts for Department of Defense aircraft engines could pose a substantial threat to warfighter safety and readiness,” said Greg Gross, Special Agent in Charge Naval Criminal Investigative Service (NCIS), Economic Crimes Field Office. “We thank our law enforcement partners and the Department of Justice for their significant efforts on this complex investigation. NCIS remains committed to ensuring the integrity of the DoD procurement process.”
“The results of this investigation shows that our agents, and those of our partner law enforcement agencies, are relentless in their pursuit of those who attempt to defraud the U.S. Government and put our Warfighters lives at risk,” said Supervisory Special Agent John Scarlett, Department of the Army Criminal Investigation Division, Major Procurement Fraud Field Office, Northeast Fraud Resident Agency. “This case should send a clear message to all who do business with the Department of the Army that we are committed to identifying and stopping contractor fraud.”
Acting U.S. Attorney Levy, DCIS SAC Hegarty, NCIS SAC Gross, and DCIS SSA Scarlett Northeast Fraud Resident Agency made the announcement today. Assistant U.S. Attorneys Lindsey Ross and Alexandra Brazier of the Affirmative Civil Enforcement Unit handled the matter.
French National Pleads Guilty to Multimillion-Dollar Fraud Scheme Targeting California State Controller’s OfficeRead the Press Release
SACRAMENTO, Calif. — Gabriel Adrien Lobe Diop, 35, a French national previously residing in Agoura Hills, California, pleaded guilty today to nine counts of mail fraud and one count of aggravated identity theft, United States Attorney Phillip A. Talbert announced.
According to court documents, Diop orchestrated a scheme to illegally obtain millions of dollars of Unclaimed Property Division funds from the California State Controller’s Office. Diop did so by assuming the identities of victims for whom the Controller’s Office was holding significant amounts of unclaimed property, and then submitting fraudulent applications for that property. Diop concealed his involvement in the fraud using a combination of post office boxes, mail forwarding requests, counterfeit notary stamps, and falsified driver licenses issued by numerous states. Starting in January 2019, Diop attempted to steal at least $9 million from the Unclaimed Property Division.
Law enforcement agents executed search and arrest warrants at Diop’s residence in Agoura Hills in June 2021. Inside his residence, agents seized counterfeit stamps that Diop used to “notarize” his fraudulent applications for unclaimed property, twelve falsified driver licenses, bank cards and check books in his victims’ names, and at least six change-of-address packets issued by the United States Postal Service.
This case was the product of an investigation by the United States Postal Inspection Service with assistance from the California State Controller’s Office, the Sacramento Valley Hi-Tech Crimes Task Force, and the United States Postal Service Office of Inspector General. Assistant United States Attorney Sam Stefanki is prosecuting the case.
Diop remains in federal custody and is scheduled to be sentenced by Senior United States District Court Judge William B. Shubb on January 29, 2024. Diop faces a maximum statutory penalty of twenty years in prison and a $250,000 fine on each of the nine counts of mail fraud to which he pleaded guilty. Diop also faces a mandatory and consecutive statutory penalty of two years in prison on the aggravated identity theft count to which he pleaded guilty. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Four States Join Justice Department’s Suit Against Agri Stats for Organizing and Managing Unlawful Information Exchanges Among Chicken, Pork, and Turkey ProcessorsRead the Press Release
Today, the Attorneys General of Minnesota, California, North Carolina and Tennessee joined a civil antitrust lawsuit filed by the Justice Department’s Antitrust Division against Agri Stats Inc. for organizing and managing anticompetitive information exchanges among broiler chicken, pork and turkey processors. The Antitrust Division and the state Attorneys General filed an amended complaint in the District of Minnesota.
“We are pleased that our state law enforcement partners in Minnesota, California, North Carolina and Tennessee are joining our efforts to address these serious allegations,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “We look forward to working closely with state Attorneys General to litigate this important case, which affects food prices for consumers across the country.”
Anyone with information about collusion in agricultural industries, competitors sharing competitively sensitive information (including price or compensation information) or any other violations of antitrust laws is encouraged to contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or [email protected]. Information about anticompetitive practices in livestock and poultry markets can also be submitted to the USDA and Justice Department’s Agricultural Markets Enforcement Partnership at www.farmerfairness.gov.
View the filing here.
Former USPS Employee Indicted for Stealing Contents of U.S. MailRead the Press Release
NEW ORLEANS, LOUISIANA – On November 2, 2023, SONIA MILLER, age 53, a resident of New Orleans, was charged in a three-count indictment for theft of mail by a postal employee, in violation of Title 18, United States Code, Section 1709 and delay or destruction of mail, in violation of Title 18, United States Code, Section 1703, announced U.S. Attorney Duane A. Evans. For each count, she faces up to 5 years imprisonment, up to a $250,000 fine, up to 3 years of supervised release, and a $100 mandatory special assessment fee.
According to the indictment, on or about March 14, 2023, and April 11, 2023, MILLER opened and removed the contents of several parcels of mail entrusted to her as a postal carrier.
U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
The case was investigated by the United States Postal Service, Office of the Inspector General. Assistant United States Attorney Mary Katherine Kaufman of the General Crimes Unit is in charge of the prosecution.
Former Fayette County High School Teacher Pleads Guilty to Production and Possession of Child PornographyRead the Press Release
LEXINGTON, Ky. – A Lexington man, Kevin Daniel Lentz, 49, pleaded guilty on Monday, before U.S. Magistrate Judge Matthew Stinnett, to the production and possession of child pornography.
Lentz admitted in his plea agreement that he began an online conversation with the 9-year-old victim, on March 19, 2023. Within minutes, Lentz sent the victim 85 images or videos of adult pornography, including sexually explicit images and videos of Lentz. Lentz also persuaded the victim to create and send multiple sexually explicit videos and images of himself to Lentz via the internet. Lentz acknowledged that, at the time, he knew the victim was a minor.
A search warrant was executed at Lentz's residence in Lexington, on August 8, 2023. The search resulted in the seizure of numerous electronic devices, including a computer, a cellular phone, and multiple hard drives. A search of these devices revealed several hundred additional images and videos of prepubescent minors engaged in sexually explicit conduct that Lentz obtained from the internet.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Rana Saoud, Special Agent in Charge, Department of Homeland Security, Homeland Security Investigations (HSI); and Chief Lawrence Weathers, Lexington Police Department, jointly announced the guilty plea.
The investigation was conducted by HSI and Lexington Police Department. Assistant U.S. Attorney Erin Roth is prosecuting the case on behalf of the United States.
Lentz is scheduled to be sentenced on a date yet to be determined. He faces a minimum of 15 years and a maximum of 30 years in prison on for production of child pornography and a maximum sentence of 20 years in prison for possession of child pornography. However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
The U.S. Attorney’s Office prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in 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 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
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Former D.C. Government Employee Sentenced for Role in Bribery SchemesRead the Press Release
WASHINGTON – Dawne Dorsey, 40, a former employee of the District of Columbia Department of Housing and Community Development, was sentenced today for accepting bribes in return for giving out confidential information held by the D.C. Department of Housing and Community Development (DHCD), announced U.S. Attorney Matthew M. Graves, FBI Special Agent in Charge Wayne A. Jacobs, of the Washington Field Office’s Criminal and Cyber Division, and Daniel W. Lucas, Inspector General for the District of Columbia.
Dorsey pleaded guilty to bribery in June 2019 and agreed to cooperate with the Government’s investigation. She was sentenced to 36 months’ probation by United States District Court Judge Colleen Kollar-Kotelly.
According to court documents, Dorsey, former a program specialist with DHCD, accepted bribes in exchange for giving real estate developers Frederick Silvers and Brian Bailey confidential, un-redacted Tenant Opportunity to Purchase Act (TOPA) offer of sale notices, which included the names of tenants holding TOPA rights.
TOPA provides tenants living in the District of Columbia with the right to purchase their residence should the owner decide to sell the property. Under TOPA, tenants can re-assign their right to purchase to a third party. TOPA requires the owner (seller) to provide the DHCD with offer of sale notices before the proposed real estate transaction. The offer of sale notices include - among other things - information not released to the public, such as the names of tenants residing at the property. Bailey and Silvers paid bribes to obtain the tenant names so they could attempt to buy the tenants’ TOPA rights, and in turn, put the property up for sale, at an advantageous price.
In a related part of the scheme, former FBI Agent David Paitsel and Bailey were both found guilty of one count of bribery and one count of conspiracy because Bailey paid Paitsel bribes to look up the contact information of the tenants holding TOPA rights, which he did using a database he had special access to as an FBI Agent.
This is the fourth and final sentencing relating to Dorsey’s corrupt conduct. Last month, Paitsel, 42, a resident of North Carolina, was sentenced to 24 months in prison; and Bailey, 53, of Upper Marlboro, Maryland, was sentenced to 48 months in prison. A jury convicted both defendants of bribery, and conspiracy charges on October 7, 2022. In a related case, Frederick Silvers, of Washington, D.C., pleaded guilty to bribery and was sentenced to five months in prison for bribes paid to Dorsey.
This case was investigated by the FBI’s Washington Field Office and the District of Columbia Office of the Inspector General.
If you have information about fraud, waste, abuse, and mismanagement in District government programs and operations, please call the D.C. OIG at 202-724-TIPS [202-724-8477].
The trial of the case was prosecuted by Assistant U.S. Attorneys Elizabeth Aloi and John Borchert, with assistance from Paralegal Specialists Lisa Abbe and Quiana Dunn-Gordon of the Fraud, Public Corruption, and Civil Rights Section of the U.S. Attorney’s Office for the District of Columbia.
Former Assistant Branch Manager at Tulare Credit Union Pleads Guilty for Stealing over $60,000 from Members’ Accounts to Spend on TikTokRead the Press Release
FRESNO, Calif. — Esther Andrade Olson, 49, of Kings County, pleaded guilty today to embezzling over $60,000 from multiple members’ accounts at a Tulare-based credit union where she was previously employed, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Olson, while serving as an assistant branch manager, made several unauthorized withdrawals from four members’ accounts from July through August 2022. Olson made unauthorized cash withdrawals by bringing up the victims’ accounts while assisting other credit union members who were at the teller window to make it appear as though she had legitimate reasons to access the credit union’s cash stores. When confronted by credit union officials, Olson claimed that one of the victims was “doing some remodeling,” but told another employee that she was “done” and abruptly resigned from her position. Olson spent most of the money that she stole on TikTok, gifting much of the funds to an out of state individual with hundreds of thousands of followers on TikTok.
This case is the product of an investigation by the Federal Bureau of Investigation. Special Assistant U.S. Attorney Chan Hee Chu and Assistant U.S. Attorney Joseph Barton are prosecuting the case.
Olson is scheduled to be sentenced by U.S. District Judge Ana de Alba on March 4, 2024. Olson faces a maximum statutory penalty of 30 years in prison and a $1,000,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Federal prosecutors stand ready to address voting rights violations or election fraudRead the Press Release
HOUSTON – Two Assistant U.S. Attorneys will lead the efforts of this office in connection with the Department of Justice’s (DOJ) nationwide Election Day Program for the Nov. 7 election, announced U.S. Attorney Alamdar S. Hamdani.
Civil Chief Daniel Hu has been appointed to serve as the election officer for civil matters, while Deputy Criminal Chief Sharad Khandelwal will act as the criminal election officer. In their capacities, both are responsible for overseeing the Southern District of Texas’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff and election fraud in consultation with DOJ headquarters in Washington.
DOJ has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers as well as election fraud. DOJ will address these violations wherever they occur. DOJ’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
The franchise is the cornerstone of American democracy. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election and to ensure that such complaints are directed to the appropriate authorities, Assistant U.S. Attorneys Khandelwal and Hu will be on duty in this district while the polls are open and can be reached at 713-567-9345 and 713-567-9518, respectively.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The main number in Houston is 713-693-5000, while South Texas residents can contact the San Antonio office at 210-225-6741.
Complaints about possible violations of the federal voting rights laws can also be made directly to the Civil Rights Division in Washington, D.C. by phone at 800-253-3931.
Ensuring free and fair elections depends in large part on the assistance of the American electorate. Those who have specific information about voting rights concerns or election fraud should make that information available to DOJ.
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places and almost always have faster reaction capacity in an emergency.
Federal Jury Finds Brooklyn Center Felon Guilty of Illegal Possession of AmmunitionRead the Press Release
ST. PAUL, Minn. – A federal jury found a Brooklyn Center felon guilty of illegally possessing ammunition, announced U.S. Attorney Andrew M. Luger.
According to evidence presented at trial, on August 28, 2022, a Bloomington police officer conducted a traffic stop on a vehicle driven by Damien Kent Hallmon, 40, for multiple traffic violations and noticed several indicators of marijuana use. The occupants of the vehicle were asked to step out of the vehicle so it could be searched, and officers found a 9mm firearm with a loaded magazine and no serial number in Hallmon’s girlfriend’s purse.
Following a three-day trial before Judge Kate M. Menendez in U.S. District Court, Hallmon was found guilty on one count of possessing ammunition as a felon. He will be sentenced at a later date.
Because Hallmon has prior felony convictions, he is prohibited under federal law from possessing firearms or ammunition at any time. The firearm seized in this case, a Polymer 80, is commonly referred to as a “ghost gun” or a “privately made firearm” (PMF).
This case is the result of an investigation conducted by the Bloomington Police Department, the Hennepin County Sherriff’s Office Forensic Science Lab, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant U.S. Attorneys Mary S. Riverso and Ruth S. Shnider tried the case.
Federal Jury Convicts Masked Man for Armed Robbery of Multiple PharmaciesRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Jesse Rance Moore (46, Bell) guilty of four counts pertaining to Hobbs Act robberies and three counts of brandishing a firearm during the robberies. Moore faces a maximum penalty of 20 years in federal prison for each of the robbery offenses and up to life in federal prison for each of the firearm offenses. His sentencing hearing is scheduled for January 30, 2024. Moore had been charged in a superseding indictment on January 26, 2023.
According to testimony and evidence presented at trial, the FBI first learned of a masked man robbing a string of pharmacy stores in the Columbia County area after the North Florida Pharmacy in Fort White was robbed at gun point on January 13, 2022. This masked individual was captured on surveillance exiting a blue/grey sedan, walking into the pharmacy with a black handgun, and demanding controlled substances, specifically, oxycodone, oxycontin, and Percocet.
After holding up multiple store employees and taking the controlled substances, the masked man exited the pharmacy and drove southbound on US Highway 27. Unbeknownst to the robber, a good Samaritan in the pharmacy’s drive-thru followed the getaway vehicle and captured the license plate number, which led back to Moore. Further, the FBI later discovered that the vehicles used in the previous three robberies: the North Florida Pharmacy (Fort White) on August 2, 2021; North Florida Pharmacy (Chiefland) on November 20, 2021; and the Baya West Pharmacy (Lake City) on December 29, 2021 either matched the description of a pickup truck registered to Moore or matched the vehicles Moore’s wife had rented just days prior to the robberies.
According to testimony and evidence presented at trial, law enforcement seized articles of clothing, multiple masks, the firearm, handwritten notes, and brown boots associated with the robberies. In addition, and despite Moore’s many disguises, witnesses testified to the robber’s physical appearance, clothing, interactions, and demeanor during the robberies.
During trial, evidence seized from Moore’s cellphone was presented to demonstrate that he had googled medications stolen from the pharmacies, the store hours of pharmacies, and a variety of keyword searches, including the question “do drug stores get robbed in florida,” which he had Googled just a couple weeks prior to the first robbery.
This case was investigated by the Federal Bureau of Investigation, the Columbia County Sheriff’s Office, the Lake City Police Department, the Chiefland Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Florida Department of Law Enforcement, and the Florida Highway Patrol. It is being prosecuted by Assistant United States Attorney Kirwinn Mike.
Federal Grand Jury Indicts Two Men in Connection with Robberies of Suburban Chicago Financial InstitutionsRead the Press Release
CHICAGO — A federal grand jury has returned a superseding indictment against two men for allegedly robbing several banks and a credit union in the Chicago suburbs.
CHARLES LAWLER and TARANDLE LEE committed the robberies in 2021 and 2022, according to a superseding indictment returned in U.S. District Court in Chicago. The charges allege that the pair together robbed four financial institutions and that Lawler robbed another bank by himself. The indictment seeks forfeiture of $29,944 from the defendants.
The indictment identifies the robberies as follows:
- Sept. 22, 2021: Lawler robbed BMO Harris Bank in Naperville, Ill.
- Sept. 28, 2021: Lawler and Lee robbed Old Second Bank in Lisle, Ill.
- Oct. 6, 2021: Lawler and Lee robbed Bank Financial in Westmont, Ill.
- Jan. 3, 2022: Lawler and Lee robbed BMO Harris Bank in Woodridge, Ill.
- April 14, 2022: Lawler and Lee robbed DuPage Credit Union in Downers Grove, Ill.
Lawler, 53, of Villa Park, Ill., and Lee, 44, of Bolingbrook, Ill., are currently detained in law enforcement custody. Arraignments are set for Tuesday at 9:30 a.m. before U.S. District Judge Robert W. Gettleman.
The superseding indictment was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, and Robert W. “Wes” Wheeler, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. Substantial assistance was provided by the Naperville, Ill. Police Department, Lisle, Ill. Police Department, Westmont, Ill. Police Department, Woodridge, Ill. Police Department, Downers Grove, Ill. Police Department, Skokie, Ill. Police Department, and Evanston, Ill. Police Department. The government is represented by Assistant U.S. Attorney Alejandro G. Ortega.
The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. Sentencing Guidelines.
Lawler and Lee superseding indictmentFederal Court Orders Puerto Rico Pharmaceutical Distributor to Pay $12 Million in Connection with Alleged Failure to Report Suspicious Orders of Pharmaceutical Drugs and Other Controlled Substance ViolationsRead the Press Release
WASHINGTON – A federal court in Puerto Rico entered a consent decree requiring Droguería Betances, LLC (Betances), one of Puerto Rico’s largest distributors of pharmaceutical drugs, to pay $12 million and make extensive improvements to its compliance program, the Justice Department announced today.
The consent decree resolves a complaint filed by the United States on Nov. 3, alleging that from 2016 through at least June 2019, Betances failed to report to the Drug Enforcement Administration (DEA) hundreds of “suspicious orders” for opioids and other controlled substances distributed to Betances’ pharmacy customers — i.e., orders that were unusual in their frequency, size or other patterns. According to the complaint, this included at least 655 suspicious orders for fentanyl and at least 113 suspicious orders for oxycodone, both of which are frequently misused products that have been contributing to the current opioid abuse epidemic.
In addition, the complaint alleged that from May 2017 to July 2018, Betances failed to make required reports of its distribution transactions to DEA via an automated reporting system, including all of Betances’ distributions of Schedule II opioids during that period — more than 7.8 million dosage units. According to the complaint, Betances also committed hundreds of recordkeeping violations, such as filling orders for controlled substances with defective order forms and submitting inaccurate shipping or delivery information to DEA.
According to the consent decree, the Justice Department conducted an analysis of Betances’ financial condition in relation to its potential exposure to civil fines and forfeiture. Based in part on ability to pay, the consent decree requires Betances to pay $12 million over five years in annual payments, with $10.2 million in the form of civil penalties and $1.8 million in civil forfeiture.
The consent decree also requires Betances to make extensive improvements in its compliance program. Betances must implement improved controlled substance monitoring program procedures and systems to review all orders of controlled substances and to detect and report suspicious orders to DEA. Betances must also improve its procedures and systems for conducting due diligence reviews of its pharmacy customers. The consent decree further requires Betances to submit annual reports about its compliance program and customers to DEA and other Justice Department components. Betances must also improve its ARCOS reporting system to ensure proper and accurate reporting of all acquisitions and distributions of Schedule II controlled substances.
“Companies that distribute controlled substances to pharmacies and other points of sale have an important responsibility to help stop the illegal distribution of controlled substances by reporting suspicious orders to DEA,” said Principal Deputy Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will continue to work with its law enforcement partners to hold accountable those who fail to fulfill their reporting obligations.”
“The duty to report suspicious orders and other reporting requirements imposed on wholesale pharmaceutical distributors by the Controlled Substance Act is critical to ensuring the safety of our citizens from potential harm, including those associated with drug diversion, drug tampering and drug overdoses resulting from illegal drug sales and consumption,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico. “The U.S. Attorney’s Office will continue to do everything in our power to ensure compliance and will use all legal remedies available to hold corporate entities and individuals accountable.”
“As we continue to face unprecedented loss of American lives during the ongoing opioid epidemic, DEA believes that everyone within the pharmaceutical supply chain is responsible for doing their due diligence to prevent the diversion of controlled substances,” said Assistant Administrator Thomas W. Prevoznik of the DEA’s Diversion Control Division. “Compliance with the law is one of the best acts of prevention our registrants can do to ensure that these drugs are distributed for legitimate medical use. Reporting suspicious orders is required under the law and a key part in keeping our communities safe.”
The DEA’s Diversion Control Division, Caribbean Division, San Juan Division Office investigated the case.
Assistant U.S. Attorneys David O. Martorani-Dale and Gabriella S. Paglieri for the District of Puerto Rico and Trial Attorney Tom Rosso of the Civil Divison’s Consumer Protection Branch represented the United States.
The claims resolved by the consent decree announced today are allegations only, and there has been no determination of liability.
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betances_consent_decree.pdfFederal Court Orders Puerto Rico Pharmaceutical Distributor to Pay $12 Million in Connection with Alleged Failure to Report Suspicious Orders of Pharmaceutical Drugs and Other Controlled Substance ViolationsRead the Press Release
A federal court in Puerto Rico entered a consent decree requiring Droguería Betances LLC (Betances), one of Puerto Rico’s largest distributors of pharmaceutical drugs, to pay $12 million and make extensive improvements to its compliance program, the Justice Department announced today.
The consent decree resolves a complaint filed by the United States on Nov. 3, alleging that from 2016 through at least June 2019, Betances failed to report to the Drug Enforcement Administration (DEA) hundreds of “suspicious orders” for opioids and other controlled substances distributed to Betances’ pharmacy customers — i.e., orders that were unusual in their frequency, size or other patterns. According to the complaint, this included at least 655 suspicious orders for fentanyl and at least 113 suspicious orders for oxycodone, both of which are frequently misused products that have been contributing to the current opioid abuse epidemic.
In addition, the complaint alleged that from May 2017 to July 2018, Betances failed to make required reports of its distribution transactions to DEA via an automated reporting system, including all of Betances’ distributions of Schedule II opioids during that period — more than 7.8 million dosage units. According to the complaint, Betances also committed hundreds of recordkeeping violations, such as filling orders for controlled substances with defective order forms and submitting inaccurate shipping or delivery information to DEA.
According to the consent decree, the Justice Department conducted an analysis of Betances’ financial condition in relation to its potential exposure to civil fines and forfeiture. Based in part on ability to pay, the consent decree requires Betances to pay $12 million over five years in annual payments, with $10.2 million in the form of civil penalties and $1.8 million in civil forfeiture.
The consent decree also requires Betances to make extensive improvements in its compliance program. Betances must implement improved controlled substance monitoring program procedures and systems to review all orders of controlled substances and to detect and report suspicious orders to DEA. Betances must also improve its procedures and systems for conducting due diligence reviews of its pharmacy customers. The consent decree further requires Betances to submit annual reports about its compliance program and customers to DEA and other Justice Department components. Betances must also improve its ARCOS reporting system to ensure proper and accurate reporting of all acquisitions and distributions of Schedule II controlled substances.
“Companies that distribute controlled substances to pharmacies and other points of sale have an important responsibility to help stop the illegal distribution of controlled substances by reporting suspicious orders to DEA,” said Principal Deputy Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will continue to work with its law enforcement partners to hold accountable those who fail to fulfill their reporting obligations.”
“The duty to report suspicious orders and other reporting requirements imposed on wholesale pharmaceutical distributors by the Controlled Substance Act is critical to ensuring the safety of our citizens from potential harm, including those associated with drug diversion, drug tampering and drug overdoses resulting from illegal drug sales and consumption,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico. “The U.S. Attorney’s Office will continue to do everything in our power to ensure compliance and will use all legal remedies available to hold corporate entities and individuals accountable.”
“As we continue to face unprecedented loss of American lives during the ongoing opioid epidemic, DEA believes that everyone within the pharmaceutical supply chain is responsible for doing their due diligence to prevent the diversion of controlled substances,” said Assistant Administrator Thomas W. Prevoznik of the DEA's Diversion Control Division. “Compliance with the law is one of the best acts of prevention our registrants can do to ensure that these drugs are distributed for legitimate medical use. Reporting suspicious orders is required under the law and a key part in keeping our communities safe.”
The DEA’s Diversion Control Division, Caribbean Division, San Juan Division Office investigated the case.
Assistant U.S. Attorneys David O. Martorani-Dale and Gabriella S. Paglieri for the District of Puerto Rico and Trial Attorney Tom Rosso of the Civil Division’s Consumer Protection Branch represented the United States.
The claims resolved by the consent decree announced today are allegations only, and there has been no determination of liability.
Consent DecreeFatal crash on Blackfeet Indian Reservation sends Great Falls man to prison for more than three yearsRead the Press Release
GREAT FALLS — A Great Falls man who admitted to driving while under the influence of alcohol when he crashed his vehicle near Browning, on the Blackfeet Indian Reservation, and killed his passenger, was sentenced today to three years and two months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.
Emil Saunders Day Chief, 42, pleaded guilty in May to involuntary manslaughter.
Chief U.S. District Judge Brian M. Morris presided.
In court documents, the government alleged that on July 19, 2022, Day Chief was driving and picked up a passenger, identified as Jane Doe, in Heart Butte. Soon thereafter, a witness saw Day Chief drive by at approximately 90 mph. Day Chief’s car then veered off the road, overcorrected and rolled two times before coming to a stop on the driver’s side. Jane Doe went through the windshield and the vehicle rolled over her. Witnesses got Day Chief out of the vehicle, and an ambulance took him to the hospital in Browning. Law enforcement found Jane Doe deceased in the road. Officers saw beer cans in the car and scattered around the scene and an empty jar from a marijuana dispensary. An investigation determined that Day Chief had a blood alcohol content of .335 percent and that his blood was positive for THC. Jane Doe died of blunt force injuries.
Assistant U.S. Attorney Jessica A. Betley prosecuted the case. The FBI, Blackfeet Law Enforcement Services, Montana Highway Patrol and Glacier County Sheriff’s Office conducted the investigation.
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El Departamento de Justicia monitoreará los lugares de votación en varias jurisdicciones para asegurar el cumplimiento de las leyes federales de derechos electoralesRead the Press Release
El Departamento de Justicia anunció hoy que monitoreará las elecciones generales el 7 de noviembre de 2023 en varias jurisdicciones para asegurar el cumplimiento de las leyes federales de derechos electorales.
El Departamento asignará observadores federales para monitorear las elecciones en Union County, New Jersey, para asegurar el cumplimiento con la Ley de Derechos Electorales. El 12 de junio de 2023 una corte federal aprobó un decreto por consentimiento para resolver las alegaciones del Departamento bajo las secciones 203 y 208 de la Ley de Derechos Electorales sobre la disponibilidad de asistencia electoral y materiales en español para votantes hispanos con conocimientos limitados del idioma inglés en Union County. El decreto por consentimiento también dispone que observadores federales pueden monitorear las actividades el Día de Elecciones en los lugares de votación en el condado.
Además, la División de Derechos Civiles monitoreará las actividades en los lugares de votación en Madison County y Panola County, Mississippi; las ciudades de Pawtucket y Woonsocket, Rhode Island; y Prince William County, Virginia, para asegurar el cumplimiento de las leyes federales de derechos electorales.
La División de Derechos Civiles hace cumplir las leyes federales de derechos electorales que protegen el derecho de acceso a las urnas de todos los ciudadanos. La División envía personal del departamento periódicamente a monitorear elecciones en comunidades a través de todo el país. Además, la División envía observadores federales de la Oficina de Administración de Personal de EE.UU. según autorizado por una orden judicial federal.
La Sección de Votación de la División de Derechos Civiles vela por el cumplimiento de las leyes federales civiles que protegen el derecho al voto, incluyendo la Ley de Derechos Electorales, la Ley de Votación para los Uniformados y los Ciudadanos en el Extranjero, la Ley Nacional de Inscripción de Votantes, la Ley Ayudemos a Estados Unidos a Votar, y las leyes de derechos civiles.
Personal de la División de Derechos Civiles estará disponible para recibir denuncias relacionadas a posibles vulneraciones de las leyes federales de derechos electorales mediante el formulario en línea en https://civilrights.justice.gov/ o por teléfono al (800) 253-3931.
Para obtener más información sobre la Ley de Derechos Electorales y otras leyes federales electorales, visite el portal del Departamento de Justicia en www.justice.gov/crt/voting/.
Información adicional sobre las leyes federales de derechos civiles está disponible en el sitio web de la División de Derechos Civiles en https://justice.gov/crt.
El Departamento de Justicia Halla que los Sitios Web Electorales de Cuatro Condados en Texas Son Inaccesibles para las Personas con DiscapacidadesRead the Press Release
El Departamento de Justicia anunció hoy sus hallazgos que cuatro condados en Texas, violaban el Título II de la Ley para Estadounidenses con Discapacidades de 1990 (ADA por sus siglas en inglés), manteniendo sitios web electorales que discriminan contra individuos con discapacidades manuales o visuales.
En cartas públicas dirigidas a los Condados de Colorado, Runnels, Smith, y Upton, el departamento detalló los resultados de su investigación y les solicitó trabajar junto a la División de Derechos Civiles y las Fiscalías Federales para las regiones del Este, Norte, Sur y Oeste de Texas con el objetivo de resolver las violaciones de derechos civiles identificadas.
“El derecho al voto es fundamental para la democracia estadounidense” dijo Fiscal General Auxiliar Kristen Clarke de la División de Derechos Civiles del Departamento de Justicia. “Es imperativo que todas las personas con discapacidades elegibles para votar en todo el país, tengan la información que necesitan para acceder a la papeleta y ejercer su derecho en elecciones estatales y federales.”
Los sitios web electorales de estos cuatro condados tejanos brindan información importante sobre cómo votar. Por ejemplo, cuáles son los requisitos para el registro y la identificación del volante, así como, cuál es la información que necesitan las personas con discapacidades para votar. Los sitios web también contienen enlaces a información crítica, incluidos detalles sobre votación temprana y la votación el día de las elecciones.
El departamento determinó que los sitios web no son accesibles para individuos ciegos o que tienen visión reducida, o para los que no pueden agarrar un ratón de computadora y usan lectores de pantalla, teclados, u otra tecnología de apoyo. Por ejemplo, en todos los cuatro sitios web electorales, los menús y enlaces no funcionan correctamente para las personas que usan un teclado para navegar, y los documentos publicados son inaccesibles para aquellos que usan dichas tecnologías de apoyo. Debido a la inaccesibilidad de los sitios web electorales, los condados están negando a las personas con discapacidades visuales y manuales igual acceso a los programas electorales y a los servicios en línea proveídos a través de estos sitios. De ese modo, no logran los sitios web electorales asegurar una comunicación efectiva con las personas con discapacidades.
Estas cuatro investigaciones son parte de la Iniciativa de Votación ADA, la cual se enfoca en proteger los derechos de voto de los individuos con discapacidades. Se recomienda a las personas que tengan información sobre estos hallazgos que se comuniquen con el departamento por el correo electrónico [email protected], a través del Portal de la División de Derechos Civiles disponible en: www.civilrights.justice.gov/, o por teléfono al 888-473-2780. Para conocer más sobre el ADA y cómo esta se aplica a la votación usted puede visitar el sitio web a www.ada.gov/topics/voting/.
Doctor Pleads Guilty to Unlawful Drug Distribution, False Statement to Medicare, and Paycheck Protection Program FraudRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces that Tommy Louisville (71, Pembroke Pines) has pleaded guilty to unlawful drug distribution, making a false statement related to health care matters, and wire fraud. Louisville faces a maximum penalty of 10 years in federal prison for the drug distribution offense, up to 5 years’ imprisonment for the false statement offense, and up to 20 years in federal prison for the wire fraud offense. A sentencing date has not been scheduled.
According to the plea agreement, Louisville was a Florida-licensed physician and Drug Enforcement Administration (DEA) registrant. On May 30, 2019, the Florida Board of Medicine suspended Louisville from the practice of medicine for two years, thereby making him ineligible to lawfully prescribe controlled substances. Louisville continued to issue controlled-substance prescriptions after his medical license was suspended. Furthermore, he concealed from Medicare the fact that he was not authorized to issue prescriptions in connection with the submission to Medicare of the prescriptions for payment. Louisville eventually shuttered his medical business in approximately November 2019.
Between April and May 2020, Louisville used his closed business to fraudulently obtain a federal Paycheck Protection Program (PPP) loan in the amount of $33,034. Louisville submitted an application that contained multiple fraudulent representations, including stating average monthly payroll suggesting he actively operated a medical business; that he employed six employees; and certifying that loan proceeds would be used for business-related purposes. Louisville agreed to forfeit $33,034, the proceeds of his criminal conduct.
In May 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 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.
This case was investigated by the U.S. Department of Health and Human Services - Office of Inspector General, the Drug Enforcement Administration -Tampa District Office, and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Greg Pizzo.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Doc Antle, Owner of Myrtle Beach Safari, Pleads Guilty to Federal Wildlife Trafficking and Money Laundering ChargesRead the Press Release
WASHINGTON – Bhagavan “Doc” Antle, 63, of Myrtle Beach, S.C., pleaded guilty today to a conspiracy to violate the Lacey Act and a conspiracy to launder money.
Antle is the owner and operator of The Institute for Greatly Endangered and Rare Species (T.I.G.E.R.S.), also known as the Myrtle Beach Safari. The Myrtle Beach Safari is a 50-acre wildlife tropical preserve that offers tours and private encounters with exotic wildlife. Antle is also the Director of the Rare Species Fund, a nonprofit organization registered in South Carolina.
The Lacey Act prohibits trafficking of illegally taken wildlife, fish or plants, including animals protected under the Endangered Species Act. Antle conspired to violate the Lacey Act between Sept. 2018 and May 2020 by directing the sale or purchase of two cheetah cubs, two lion cubs, two tigers and one juvenile chimpanzee – all of which are protected under the Endangered Species Act. Antle used bulk cash payments to hide the transactions and falsified paperwork to show non-commercial transfers entirely within one state. Antle also requested that payments for endangered species be made to his nonprofit so they could appear as “donations.”
The investigation also uncovered evidence of money laundering between Feb. and April 2022, when Antle and a coconspirator conducted financial transactions with cash they believed was obtained from transporting and harboring illegal aliens. To conceal and disguise the nature of the illegal cash, Antle and his coconspirator would take the cash they received and deposit it into bank accounts they controlled. They would then write a check to the individual that had provided the cash after taking a 15% fee per transaction.
“The defendant held himself out as a conservationist, yet repeatedly violated laws protecting endangered animals and then tried to cover up those violations,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “This prosecution demonstrates our commitment to combatting illegal trafficking, which threatens the survival of endangered animals.”
“The defendant’s guilty plea is a testament to the dedication and perseverance of the FBI and our law enforcement partners in combating illegal financial activities,” said Special Agent in Charge Steve Jensen of the FBI Columbia Field Office. “The FBI remains committed to upholding the integrity of our financial systems and ensuring justice is served.”
“Wildlife crime is often connected with other criminal activity, including money-laundering," said Assistant Director Edward Grace of the U.S. Fish and Wildlife Service, Office of Law Enforcement. “This investigation revealed a pattern of illicit wildlife transactions orchestrated by the defendant under the guise of donations and false paperwork. The Service and our partners will continue to hold accountable those involved in wildlife trafficking and other related crimes to ensure the future of all federally protected species. The Service will continue to bring to justice individuals who profit from the illegal trafficking of big cats and endangered species.”
“This plea is the product of exemplary collaboration between our law enforcement partners,” said U.S. Attorney Adair F. Boroughs for the District of South Carolina. “I commend our team for their work on this case who worked countless hours to unravel Antle’s sophisticated web of financial crimes and interstate wildlife trafficking. Our office remains committed to protecting endangered animals from those who would exploit them for profit.”
For each count, Antle faces a maximum penalty of five years in prison, a fine of up to $250,000 and three years of supervised release. U.S. District Judge Joseph Dawson III for the District of South Carolina accepted Antle’s guilty plea. He will sentence Antle after receiving and reviewing a sentencing report prepared by the U.S. Probation Office.
The FBI and the U.S. Fish and Wildlife Service are investigating the case. Senior Trial Attorney Patrick M. Duggan of ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Amy Bower for the District of South Carolina are prosecuting the case.
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Doc Antle, Owner of Myrtle Beach Safari, Pleads Guilty to Federal Wildlife Trafficking and Money Laundering ChargesRead the Press Release
Bhagavan “Doc” Antle, 63, of Myrtle Beach, South Carolina, pleaded guilty today to a conspiracy to violate the Lacey Act and a conspiracy to launder money.
Antle is the owner and operator of The Institute for Greatly Endangered and Rare Species (T.I.G.E.R.S.), also known as the Myrtle Beach Safari. The Myrtle Beach Safari is a 50-acre wildlife tropical preserve that offers tours and private encounters with exotic wildlife. Antle is also the Director of the Rare Species Fund, a nonprofit organization registered in South Carolina.
The Lacey Act prohibits trafficking of illegally taken wildlife, fish or plants, including animals protected under the Endangered Species Act. Antle conspired to violate the Lacey Act between September 2018 and May 2020 by directing the sale or purchase of two cheetah cubs, two lion cubs, two tigers and one juvenile chimpanzee – all of which are protected under the Endangered Species Act. Antle used bulk cash payments to hide the transactions and falsified paperwork to show non-commercial transfers entirely within one state. Antle also requested that payments for endangered species be made to his nonprofit so they could appear as “donations.”
The investigation also uncovered evidence of money laundering between February and April 2022, when Antle and a coconspirator conducted financial transactions with cash they believed was obtained from transporting and harboring illegal aliens. To conceal and disguise the nature of the illegal cash, Antle and his coconspirator would take the cash they received and deposit it into bank accounts they controlled. They would then write a check to the individual that had provided the cash after taking a 15% fee per transaction.
“The defendant held himself out as a conservationist, yet repeatedly violated laws protecting endangered animals and then tried to cover up those violations,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “This prosecution demonstrates our commitment to combatting illegal trafficking, which threatens the survival of endangered animals.”
“The defendant’s guilty plea is a testament to the dedication and perseverance of the FBI and our law enforcement partners in combating illegal financial activities,” said Special Agent in Charge Steve Jensen of the FBI Columbia Field Office. “The FBI remains committed to upholding the integrity of our financial systems and ensuring justice is served.”
“Wildlife crime is often connected with other criminal activity, including money-laundering," said Assistant Director Edward Grace of the U.S. Fish and Wildlife Service, Office of Law Enforcement. “This investigation revealed a pattern of illicit wildlife transactions orchestrated by the defendant under the guise of donations and false paperwork. The Service and our partners will continue to hold accountable those involved in wildlife trafficking and other related crimes to ensure the future of all federally protected species. The Service will continue to bring to justice individuals who profit from the illegal trafficking of big cats and endangered species.”
“This plea is the product of exemplary collaboration between our law enforcement partners,” said U.S. Attorney Adair F. Boroughs for the District of South Carolina. “I commend our team for their work on this case who worked countless hours to unravel Antle’s sophisticated web of financial crimes and interstate wildlife trafficking. Our office remains committed to protecting endangered animals from those who would exploit them for profit.”
For each count, Antle faces a maximum penalty of five years in prison, a fine of up to $250,000 and three years of supervised release. U.S. District Judge Joseph Dawson III for the District of South Carolina accepted Antle’s guilty plea. He will sentence Antle after receiving and reviewing a sentencing report prepared by the U.S. Probation Office.
The FBI and the U.S. Fish and Wildlife Service are investigating the case. Senior Trial Attorney Patrick M. Duggan of ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Amy Bower for the District of South Carolina are prosecuting the case.
District Man Sentenced to Four-Year Prison Term for a February Knifepoint Robbery on the MetroRead the Press Release
WASHINGTON – Nwabueze Igwe, 32, of Washington, D.C., was sentenced today to four years in prison for robbing a man at knifepoint on the Metro, in February of 2023, in Northwest Washington D.C., announced U.S. Attorney Matthew M. Graves and Chief Michael Anzallo, of the Metropolitan Transit Police Department (MTPD).
Igwe was found guilty on June 7, 2023, in the Superior Court of the District of Columbia of armed robbery, assault with a dangerous weapon, and carrying a dangerous weapon.
In addition to the prison sentence, the Honorable Jason Park ordered Igwe to serve five years of supervised release.
According to the government’s evidence, on the evening of Feb. 13, 2023, Igwe approached a stranger on the Metro, and yelled at him multiple times as the pair were travelling in the same car on the Green Line. As the train stopped at the Gallery Place-Chinatown Station, Igwe entered the stranger’s personal space and took his North Face backpack. When the victim asked Igwe to return the backpack, Igwe opened a switchblade and warned the victim to back away.
Igwe and the victim both exited at the Gallery Place-Chinatown Metro station. The victim ran for help and found nearby MTPD officers. Igwe looked in both directions before jumping back on the train as the doors were closing. After reboarding the train, Igwe hid the backpack in a translucent trash bag. An hour later, Igwe returned to the Gallery Place-Chinatown Station, still carrying the victim’s pack. Metro surveillance footage captured Igwe in the immediate moments after the robbery and confirmed his flight path. MTPD officers apprehended Igwe at Gallery Place-Chinatown that night and charged him with armed robbery.
This case was investigated by the Metropolitan Transit Police Department. It was investigated, prosecuted, and tried by Assistant U.S. Attorneys Omeed A. Assefi and Sabena Auyeung, of the Major Crimes Unit of the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by Assistant U.S. Attorneys Kimberly Nielsen and Kathleen Kern, Paralegal Specialists Debra McPherson and Carolyn Carter-McKinley, and Litigation Technology Specialist Charlie Bruce.
In announcing the sentence, U.S. Attorney Graves and Chief Anzallo commended the work of those who investigated the case from the MTPD.
Denver Man Indicted for Tax Evasion and Failure to File Tax ReturnsRead the Press Release
DENVER—The U.S. Attorney’s Office for the District of Colorado announces that Solomon Paul Garcia, age 45, has been indicted by a federal grand jury on one count of tax evasion and four counts of failure to file a tax return.
According to the indictment, from approximately 2016-2020, Garcia allegedly inflated the number of exemptions on his Internal Revenue Service Form W-4s with his various employers, causing his employers to withhold very little federal employee income tax from his wages. Garcia then allegedly failed to file federal income tax returns reporting his earned income and federal income taxes due and owing for the years under investigation. Based on information contained in the indictment, Garcia is alleged to have a tax liability to the U.S. government of more than $225,000 over the five-year period.
If convicted, the charge of tax evasion carries a sentence of no more than five years imprisonment and a fine of no more than $250,000. The charge of failure to file a tax return carries a sentence of no more than one year imprisonment and a fine of no more than $100,000 for each count.
This case is being investigated by IRS Criminal Investigation. This case is being prosecuted by Assistant U.S. Attorney Bradley Giles.
The charges contained in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Case Number: 23-cr-00443-NYW
Denver Area Tax Preparer Indicted for Preparing Fraudulent Tax Returns for ClientsRead the Press Release
DENVER—The U.S. Attorney’s Office for the District of Colorado announces Thuan Bui has been indicted by a federal grand jury on forty-nine counts of aiding and assisting in the preparation of false and fraudulent tax returns.
According to court documents, from 2018-2022, Bui owned and operated a tax return preparation business and allegedly fabricated business expenses and falsified filing statuses for his clients. Bui allegedly falsified information on his client’s Individual Tax Return, Form 1040, for the purpose of reducing the clients’ tax liability or inflating the clients’ tax refunds.
The charge of aiding and assisting in the preparation of false and fraudulent tax returns carries a sentence of no more than three years imprisonment and no more than a $250,000 fine for each count.
This case is being investigated by IRS Criminal Investigation.
The charges contained in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Case Number: 23-cr-447-RMR
DOJ funds programs for juveniles in six Western Washington tribal communitiesRead the Press Release
Seattle – More than $2 million in grants from the Department of Justice have been awarded to Western Washington tribal communities to enhance services for juveniles, announced Acting U.S. Attorney Tessa M. Gorman. The grants fund needs ranging from substance abuse and mental health treatment to academic support and getting students engaged in school.
“Each of these tribes submitted detailed proposals for how they could best use this federal money,” said Acting U.S. Attorney Gorman. “It is exciting to see how they will impact the lives of the youngest tribal members as they work to build safe and healthy communities into the future.”
The six tribal grants and their purpose are:
Stillaguamish Tribe of Indians - $499,700 to hire an online school support specialist to assist with tribal youth as risk of truancy and to develop programs to engage all youth in leadership and cultural activities.
Quinault Indian Nation - $500,000 to enhance the work of the Tribal Juvenile to Healing Wellness Court to centralize access to assistance for youth facing challenges such as substance addiction, mental health issues, absenteeism, and trauma.
Nooksack Tribe -$99,439 to assess current programming for youth and identify gaps and strategies for improvement.
Lummi Nation - $100,000 to coordinate services to tribal youth.
Nisqually Indian Tribe - $400,000 to develop a Juvenile Tribal Healing to Wellness Court - part of a comprehensive effort on behalf of the Tribe to address the increasingly serious problem of alcohol and opioid/drug use, and related crime, within the reservation population and among Tribal youth and young adults.
Lower Elwha Klallam Tribe - $500,000 for drug and alcohol prevention services through the Empowering Youth through the Ways of Our Ancestors (EYWOA) program. The program is based on evidence- and community-based participatory research that was conducted and implemented in partnership with the University of Washington’s Alcohol and Drug Abuse Institute, the Suquamish, and Port Gamble S’Klallam Tribes.
These grants are part of the Consolidated Tribal Assistant Grants for 2023 awarded by the Office of Justice Programs, Bureau of Justice Assistance.
Cleveland Resident Pleads Guilty to Drug Trafficking CrimesRead the Press Release
PITTSBURGH, PA – Albert Cummings pled guilty to trafficking fentanyl and heroin, United States Attorney Eric G. Olshan announced today.
Cummings, age 43, of Cleveland, Ohio, pled guilty before United States District Judge Cathy Bissoon. Cummings pled guilty to conspiring to distribute 40 grams or more of fentanyl and 100 grams or more of heroin between June 2020 and June 2021. Judge Bissoon scheduled sentencing to occur on March 7, 2024, at 11:00 a.m.
The law provides for a sentence of at least five and up to 40 years in prison and a fine of up to $5,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed is to be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorneys Benjamin C. Dobkin and Craig W. Haller are prosecuting this case on behalf of the United States.
The Federal Bureau of Investigation, the Drug Enforcement Administration, the Pennsylvania Attorney General’s Office, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Pennsylvania State Police, the Lawrence County Drug Task Force, the Mercer County Drug Task Force, the New Castle Police Department, the Sharon Police Department, the Hermitage Police Department, and the Farrell Police Department led the investigation resulting in the conviction in this case.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Captain of Santa Barbara-Based Dive Boat that Burned and Sank, Resulting in 34 Deaths, Found Guilty of Felony Federal OffenseRead the Press Release
LOS ANGELES – The captain of the P/V Conception – a Santa Barbara-based dive boat that caught fire and sank near Santa Cruz Island on Labor Day in 2019, resulting in the deaths of 33 passengers and one crew member – was found guilty by a jury late this afternoon of a federal felony offense.
Jerry Nehl Boylan, 69, of Santa Barbara, was found guilty of one count of misconduct or neglect of ship officer – an offense commonly called “seaman’s manslaughter” – a crime punishable by up to 10 years in federal prison.
The Conception was a 75-foot, wood-and-fiberglass passenger vessel that docked in Santa Barbara Harbor. During a Labor Day weekend dive trip in 2019, the boat carried 33 passengers and six crew members, including Boylan.
During the early morning hours of September 2, 2019, a fire broke out while the boat was anchored in Platt’s Harbor near Santa Cruz Island. The fire, which engulfed the boat and led to its sinking, resulted in the deaths of 34 people who had been sleeping below deck. Five crewmembers, including Boylan, were able to escape and survived.
“This ship captain’s unpardonable cowardice led to the deaths of 34 lives on Labor Day 2019,” said United States Attorney Martin Estrada. “As the jury found, this tragedy could have been avoided had Mr. Boylan simply performed the duties he was entrusted to carry out. We hope that today’s verdict brings some solace and closure to the victims’ loved ones.”
“Mr. Boylan’s failure to carry out his duties as Captain of the Conception led to the catastrophic loss of 34 victims who suffered a horrifying death and perished needlessly in the end,” said Donald Alway, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “Ultimately, the hard work by the investigators from multiple agencies led to today’s outcome and now the victims’ families can continue their healing process. Let this tragedy be a lesson to anyone who commands a boat with vulnerable passengers that proper training, diligence and life saving measures – when called for – are necessary to safeguard those left in one’s charge.”
According to evidence presented at a 10-day trial, Boylan, as captain of the Conception, committed a series of failures – including abandoning his ship instead of rescuing passengers – that resulted in the disaster. Such conduct constituted misconduct, gross negligence, and inattention to his duties and led to the deaths of 34 victims, the jury found.
As the ship’s captain, Boylan was responsible for the safety and security of the vessel, its passengers, and its crew. The jury found he failed in his responsibilities in several ways, including by:
- failing to have a night watch or roving patrol;
- failing to conduct sufficient fire drills and crew training;
- failing to provide firefighting instructions or directions to crewmembers after the fire started;
- failing to use firefighting equipment, including a fire ax and fire extinguisher that were next to him in the wheelhouse, to fight the fire or attempt to rescue trapped passengers;
- failing to perform any lifesaving or firefighting activities whatsoever at the time of the fire, even though he was uninjured;
- failing to use the boat’s public address system to warn passengers and crewmembers about the fire; and
- becoming the first crewmember to abandon ship even though 33 passengers and one crewmember were still alive and trapped below deck in the vessel’s bunkroom and in need of assistance to escape.
“In the court of justice, a guilty verdict echoes the collective grief and loss of 34 souls that perished in this tragedy. It serves as a solemn reminder of the great duty a master owes his passengers and crew. This verdict stands as a testament to our commitment to seek justice, hold accountable those responsible, and honor the memory of those lost,” said Coast Guard Investigative Service Director, Jeremy Gauthier. “This is also a testament to the hard work and dedication of our Special Agents, working side-by-side with the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, to uncover evidence critical to bringing the defendant to justice.”
“No verdict can bring back the lives lost in this tragedy,” said Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Los Angeles Field Division Special Agent in Charge Christopher Bombardiere. “Our condolences go out to all the families still struggling to deal with the catastrophic event that occurred in the early morning hours on the Conception dive boat. Hopefully today’s guilty decision provides some much-needed closure for the families. For more than 50 years, ATF has developed scientifically proven investigative capabilities, expertise, and resources that have positioned ATF as the nation’s primary source for fire investigative knowledge and assistance. ATF’s National Response Team stands ready to provide resources and assist local agencies find answers.”
United States District Judge George H. Wu scheduled a February 8, 2024, sentencing hearing in this case. Boylan is free on a $75,000 bond.
The FBI, Coast Guard Investigative Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this matter.
Assistant United States Attorneys Mark A. Williams, Matthew W. O’Brien and Juan M. Rodríguez of the Environmental Crimes and Consumer Protection Section, along with Assistant United States Attorney Brian R. Faerstein of the Public Corruption and Civil Rights Section, are prosecuting this case.
Campbell Man Sentenced for Firearm and Drug Trafficking CrimesRead the Press Release
Acting United States Attorney Susan T. Lehr announced that Jeremy A. Kinney, 49, of Campbell was sentenced November 6, 2023, in federal court in Lincoln, Nebraska, for possession with intent to distribute methamphetamine and possession of a firearm during a drug trafficking crime. Senior United States District Judge John M. Gerrard sentenced Kinney to 156 months’ imprisonment on the drug charge and a consecutive 60 months’ imprisonment on the firearm charge, for a total sentence of 216 months. There is no parole in the federal system. Additionally, Kinney was ordered to forfeit $5,000 cash that was seized in the investigation. After Kinney’s release from prison, he will begin a five-year term of supervised release.
Investigators obtained a court-authorized tracking device on Kinney’s 2014 Nissan Maxima. Based on information from the tracker, visual surveillance, and analysis of phone records and jail calls, investigators obtained a search warrant for Kinney’s car. On May 26, Kinney’s Maxima was tracked while traveling from Colorado and heading northeast on Interstate 76. A Nebraska State Patrol trooper noticed the car heading eastbound in Furnas County, Nebraska, and attempted a traffic stop. Kinney, who was driving at the time, sped up which prompted a pursuit by law enforcement.
During the pursuit, Kinney drove eastbound in westbound traffic lanes, at times passing westbound traffic on the shoulder. Investigators used spike strips to stop Kinney’s car. Kinney continued to pass vehicles while driving on the shoulder of oncoming traffic lanes. A tactical vehicle intervention team was able to direct the Maxima into a ditch. During the pursuit, Kinney threw objects from the Maxima. Investigators returned to the areas where Kinney was seen tossing items and located a baggie containing approximately 0.6 pounds of suspected meth. Investigators found $5,000 cash bundled on the front passenger seat and a 9 mm handgun on the ground near where the Maxima had stopped.
Investigators returned to the roadway where the first bag of drugs was found and located an additional bag containing 1.2 pounds and third bag containing 1.3 pounds of meth. The drugs were sent to the Nebraska State Patrol Crim Laboratory where a forensic scientist confirmed the presence of meth.
This case was investigated by the Nebraska State Patrol, and the Trident Drug Task Force, which is made up of officers from the Grand Island Police Department, Hall County Sheriff, Hastings Police Department, Adams County Sheriff, Kearney Police Department, Buffalo County Sheriff, Nebraska State Patrol, Homeland Security Investigations, and the Federal Bureau of Investigation.
California Man Sentenced to 5 Years in Federal Prison for Stalking Multiple Black VictimsRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Honeywell has sentenced Christopher Au-Young (36, California) to five years in federal prison for interstate stalking and cyberstalking. Au-Young pleaded guilty to six counts of stalking five different victims on July 28, 2023.
According to court documents, since August 2022, Au-Young engaged in a campaign of online and telephonic harassment and threats against multiple victims living in the Middle District of Florida and elsewhere. Au-Young engaged in a course of conduct with the intent to harass or intimidate the victims, all of whom were black. Specifically, Au-Young cyberstalked, harassed, and threatened the victims by posting threatening and harassing videos on Facebook, YouTube, Vimeo, and Reddit, and often used racial slurs or other racially offensive language in doing so.
Between October 2022 and his arrest in January 2023, Au-Young stalked Victim 1. Victim 1 met Au-Young on his podcast dedicated to interracial dating. After Victim 1 expressed disinterest in seeing Au-Young, he began a campaign of terrorizing her through racist threats. Au-Young made his intent clear, telling her, “I hope I ruin your life.” Au-Young posted multiple videos on YouTube in which he published Victim 1’s personal information, to include her home address and real name, which Victim 1 had never provided to Au-Young. He also drove three hours to her residence, in the middle of the night, and parked outside of her home. Victim 1 felt so unsafe because of Au-Young’s conduct that she had to move. Victim 1 also correctly believed that Au-Young nefariously targeted black women through his actions, podcast, and racist statements made online regarding Dylan Roof and mass shootings.
Victim 2 met Au-Young online in a Facebook group about veterans. They began a consensual dating relationship. Victim 2 subsequently decided to end the relationship. In response, Au-Young began stalking, threatening, and harassing Victim 2 and her family members: her daughter (Victim 3), her son (Victim 4), and her brother (Victim 5). Au-Young published several videos on the internet that contained racist and defamatory remarks warning the community to stay away from Victim 2 and several of Victim 2’s family members. According to Victim 2, Au-Young warned her that he would never stop coming for her and told Victim 2 to lock her doors at night and sleep with one-eye open. Au-Young posted a bounty video offering a $4,000 reward for information on Victim 2’s whereabouts.
Victim 3 is the adult daughter of Victim 2. Au-Young posted dozens of videos online threatening to come after Victim 3. One video Au-Young posted online is entitled, “[VICTIM 3]” with a photo of Victim 3 and a text layover that reads: “[Victim 3] PED-O-FILE”. In a second video, Au-Young accused Victim 3 of being homophobic and calling for her place of employment to fire her. On December 11, 2022, Au-Young drove from California to Illinois to stalk Victim 3, in person. He posted videos online during his cross-country trip announcing that he was going to vandalize Victim 3’s vehicle in retaliation for Victim 2’s decision to break up with him. Au-Young arrived in Illinois on December 12, 2022, and stalked Victim 3 for three days at Victim 3’s place of employment. A concerned YouTube watcher alerted law enforcement officers who located Au-Young in the backseat of his vehicle parked near the entrance of Victim 3’s place of employment.
Victim 4 is the son of Victim 2. Like Victims 2 and 3, Au-Young posted racist, threatening, and defaming videos to the internet threatening to come after Victim 4. In addition to the videos, Au-Young mailed approximately four letters to Victim 4. Au-Young’s typed letters called Victim 4 and his family racial epithets [n-word] and contained threats to come after them.
Victim 5 is the brother of Victim 2. Au-Young published videos on the internet making false allegations that Victim 5 was a pedophile. The videos show photos of Victim 5 and make specific allegations against Victim 5, claiming he is a dangerous person who has molested several children. The videos also implicated Victim 5’s wife. Au-Young also sent letters to Victim 5’s residence and the church where Victim 5 worked as a minister. Although all of the allegations were false, Au-Young told the community that Victim 5 was a pedophile who was aided by his wife.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Tampa Police Department, the Anaheim Police Department (California), and the Carbondale Police Department (Illinois). It was prosecuted by Assistant United States Attorney Ilyssa M. Spergel and former Assistant United States Attorney Lisa Thelwell.