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Thursday 2 November 2023
New Castle County Man Who Trafficked Fentanyl and Methamphetamine Sentenced to 32 Years in Federal PrisonRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced today that a Newark, Delaware man was sentenced to 32 years in federal prison for his leadership in a fentanyl and methamphetamine distribution conspiracy and for tampering with a witness set to testify in a federal court proceeding. Chief U.S. District Judge Colm F. Connolly pronounced the sentence.
According to court documents, Malik Moss was arrested in December 2021, after a three-month federal wiretap investigation demonstrated that Moss and his co-conspirators purchased bulk amounts of fentanyl and methamphetamine for distribution throughout Delaware. Search warrants executed on drug stash houses associated with the conspirators yielded four firearms and various drugs -- methamphetamine, fentanyl, xylazine, a horse tranquilizer that is often sold in combination with fentanyl and heroin.
Co-conspirator Gerardo Rodriguez was sentenced to 63 months in prison and co-conspirator Tyrell Pankins was sentenced to 110 months in prison for their respective roles in the drug distribution conspiracy. Co-conspirators Jacob Santiago, Jesus Alfaro, and Christina Chamberlain have yet to be sentenced.
U.S. Attorney Weiss commented, “Trafficking in illegal drugs is a serious federal offense, especially when the drug dealers possess firearms. Combining illicit drugs with xylazine increases the harmful effects stemming from drug use. Together with our law enforcement partners, my office is committed to combating drug trafficking and violent crime endangering the safety of our communities.”
Assistant U.S. Attorney Alexander P. Ibrahim prosecuted the case, which was investigated by the Drug Enforcement Administration and the New Castle County Police Department. The U.S. Attorney’s Office wishes to thank the Bureau of Alcohol, Tobacco, Firearms, & Explosives, Delaware State Police, and Delaware Department of Correction Probation and Parole.
The United States Attorney’s Office also seeks to connect those who suffer from substance abuse to the resources they need. If you need help, drug treatment information is available any time through the federal Substance Abuse and Mental Health Services Administration’s Treatment Referral Routing Service, found online at dpt2.samhsa.gov/treatment/ or by dialing 1.888.545.2600.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 22-cr-24.
New Castle County Man Who Trafficked Fentanyl and Methamphetamine Sentenced to 32 Years in Federal PrisonRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced today that a Newark, Delaware man was sentenced to 32 years in federal prison for his leadership in a fentanyl and methamphetamine distribution conspiracy and for tampering with a witness set to testify in a federal court proceeding. Chief U.S. District Judge Colm F. Connolly pronounced the sentence.
According to court documents, Malik Moss was arrested in December 2021, after a three-month federal wiretap investigation demonstrated that Moss and his co-conspirators purchased bulk amounts of fentanyl and methamphetamine for distribution throughout Delaware. Search warrants executed on drug stash houses associated with the conspirators yielded four firearms and various drugs -- methamphetamine, fentanyl, xylazine, a horse tranquilizer that is often sold in combination with fentanyl and heroin.
Co-conspirator Gerardo Rodriguez was sentenced to 63 months in prison and co-conspirator Tyrell Pankins was sentenced to 110 months in prison for their respective roles in the drug distribution conspiracy. Co-conspirators Jacob Santiago, Jesus Alfaro, and Christina Chamberlain have yet to be sentenced.
U.S. Attorney Weiss commented, “Trafficking in illegal drugs is a serious federal offense, especially when the drug dealers possess firearms. Combining illicit drugs with xylazine increases the harmful effects stemming from drug use. Together with our law enforcement partners, my office is committed to combating drug trafficking and violent crime endangering the safety of our communities.”
Assistant U.S. Attorney Alexander P. Ibrahim prosecuted the case, which was investigated by the Drug Enforcement Administration and the New Castle County Police Department. The U.S. Attorney’s Office wishes to thank the Bureau of Alcohol, Tobacco, Firearms, & Explosives, Delaware State Police, and Delaware Department of Correction Probation and Parole.
The United States Attorney’s Office also seeks to connect those who suffer from substance abuse to the resources they need. If you need help, drug treatment information is available any time through the federal Substance Abuse and Mental Health Services Administration’s Treatment Referral Routing Service, found online at dpt2.samhsa.gov/treatment/ or by dialing 1.888.545.2600.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 22-cr-24.
Migrant Smuggler Admits to Sexually Assaulting Juvenile During Travel to the United StatesRead the Press Release
NEWS RELEASE SUMMARY – November 2, 2023
SAN DIEGO – Cecilio Yonatan Jimenez-Bautista of Mexico pleaded guilty in federal court today to alien smuggling charges and admitted that, in carrying out those crimes, he sexually assaulted a 17-year-old female multiple times while traveling from Mexico to the United States. The minor was not accompanied by relatives or a guardian.
According to his plea agreement, on multiple occasions from March 15, 2022, to June 29, 2022, Jimenez-Bautista led at least 25 undocumented aliens from Mexico into the United States. The smuggling fees ranged from at least $5,000 to $9,500 per migrant.
In particular, from June 14, 2022, to June 16, 2022, Jimenez-Bautista and another individual led a group of 10 undocumented migrants from Tijuana, Baja California, Mexico to an area near Otay Lakes Road in Chula Vista, California. The group included the minor. Jimenez-Bautista admitted that on June 14 and 15, 2022, he isolated the juvenile from the group and touched her breasts and genitalia without permission. On June 16, 2022, he sexually assaulted her, causing serious bodily injury.
“The defendant had no regard for this child’s humanity,” said U.S. Attorney Tara McGrath. “The brutal victimization of a 17-year-old minor is yet another example of the cruelty of smugglers who care only about profit.”
“This guilty plea is a reminder of what the combined effort of law enforcement can accomplish,” said Chad Plantz, special agent in charge of HSI San Diego. “HSI special agents remain vigilant to investigate violent human smugglers capable of such revolting actions in the course of circumventing our country’s immigration laws.”
“We continue to work with our local, state, and federal partners to deliver consequences to those nefarious characters who wish to inflict harm in our communities,” said San Diego Sector Chief Patrol Agent Patricia McGurk-Daniel. “We have zero tolerance for these types of actions, and we will do everything in our power to bring those responsible to justice.”
The defendant is scheduled to be sentenced on January 29, 2024.
This case is being prosecuted by Assistant U.S. Attorneys Katherine McGrath and Edward Chang of the Southern District of California, and Trial Attorney Danielle L. Hickman of the Human Rights and Special Prosecutions Section of the Criminal Division of the Department of Justice.
DEFENDANTS Case Number 22cr1550-LL
Cecilio Yonatan Jimenez-Bautista Age: 27 Mexico
SUMMARY OF CHARGES
Bringing an Alien to the United States for Financial Gain and Aiding and Abetting – Title 8, U.S.C., Section 1324(a)(2)(B)(ii), and Title 18, U.S.C., Section 2
Maximum penalty: Fifteen years (Five years mandatory minimum) and $250,000 fine
AGENCY
Homeland Security Investigations
U.S. Border Patrol
Middle District of Florida Agencies and Stakeholders Awarded More Than $20 Million in Funding for Investments in Public SafetyRead the Press Release
The Justice Department announced today several new commitments as part of its Comprehensive Strategy for Reducing Violent Crime. Instituted by Attorney General Merrick B. Garland in May 2021, the strategy focuses on harnessing federal resources, intelligence, and expertise as a force-multiplier with state, local, and Tribal law enforcement.
Deputy Attorney General Lisa O. Monaco and Associate Attorney General Vanita Gupta highlighted the more than $334 million in critical grant funding to law enforcement agencies and stakeholders awarded today by the Office of Community Oriented Policing Services (COPS Office).The COPS grants announced today include funding to help law enforcement agencies hire over 1,730 new law enforcement officers across the country while also providing critical funding to support school safety and continue to advance community policing nationwide.
Through this funding, U.S. Attorney’s Office for the Middle District of Florida (MDFL) is pleased to announce that the Department’s COPS Office has awarded $20,677,053 in the MDFL to combat violent crime and maintain public safety.
“Law enforcement officers across the country are showing up every day to protect their communities in the face of unprecedented challenges,” said Attorney General Merrick B. Garland. “These grants, which support the hiring of more than 1,700 new officers and make critical investments in school safety and crisis intervention efforts, will help provide local law enforcement agencies with the resources they need to keep their communities safe, support officers, and build public trust.”
“The more than $20 million in grant funding awarded to recipients in our district will help our law enforcement partners to continue to keep our communities safe,” said U.S. Attorney Handberg. “This funding will support the hiring of more than 180 new officers in our district, promote community policing, as well as provide funds for law enforcement mental health and wellness.”
Lastly, the Deputy Attorney General and Associate Attorney General announced that this December 11-13, in Indianapolis, the Justice Department’s will bring together 1,500 local and federal partners from across the country, including representatives from the more than 50 PSP jurisdictions and from Project Safe Neighborhoods for a Violent Crime Reduction Summit, to be hosted by OJP BJA.
Complete lists of all program award recipients, including funding amounts, can be found here.
Michigan Man Sentenced to Prison for Check-Kiting Scheme that Caused Loss of Nearly $150 MillionRead the Press Release
CLEVELAND –Najeeb Khan, 70, of Edwardsburg, Michigan was sentenced to 97 months imprisonment by U.S. District Court Judge Pamela A. Barker after earlier pleading guilty to bank fraud and attempted tax evasion. Judge Barker also ordered Khan to pay over $150,000,000 in restitution to the victims of his bank fraud and the IRS, and to serve 3 years of supervised release once released from prison.
According to court documents, Khan owned and operated Interlogic Outsourcing Inc. (“IOI”), a payroll processing company that, at one point, provided services to approximately 6,000 clients.
Beginning in 2014, however, Khan operated a check-kiting scheme using his company’s business bank accounts to fraudulently obtain funds from various financial institutions, including KeyBank. Khan used these funds to support the growth of his payroll processing business and fund his lifestyle, which included the purchase of automobiles, aircraft, and vacation homes.
As part of his scheme, Khan wrote checks and made wire transfers between multiple accounts under his control at various banks. This type of fraud is commonly known as check-kiting, and it involves the perpetrator continually writing checks back and forth between accounts he or she controls to fraudulently inflate account balances, thus deceiving banks into honoring checks written with insufficient funds.
Khan wrote checks from IOI accounts at Lake City Bank for deposit into IOI accounts at KeyBank and then wrote checks from IOI accounts at Berkshire Bank for deposit into IOI accounts at Lake City Bank. To cover the check funds issued from Berkshire Bank, Khan wired funds from IOI accounts at KeyBank to IOI accounts at Berkshire Bank.
This long-running check-kiting scheme caused a financial loss of nearly $150 million to businesses around the country and to KeyBank in the Northern District of Ohio. Khan also failed to report income gained from the check-kiting scheme on his annual tax return for the tax years 2014 to 2017.
“This defendant essentially gave himself a $150,000,000 loan, spent money however he wanted on himself and his business, then defaulted, all without ever getting the banks’ approval to give him that loan,” said U.S. Attorney Rebecca C. Lutzko. “These types of financial crimes undermine the well-being of our financial institutions and harm our entire community. This office will vigilantly investigate and prosecute persons who engage in such conduct to protect and prevent harm to financial institutions locally and nationwide.”
“Financial crimes can have serious and long-term consequences. Complex financial crimes that impact the economic well-being of institutions is reprehensible,” said FBI Cleveland Special Agent in Charge Gregory Nelsen. “The defendant orchestrated an elaborate business fraud scheme that caused extensive monetary harm to financial institutions nationwide. The FBI will work diligently and seek justice for individuals and entities who fall victim to conniving criminals who cheat and lie for the sole purpose of personal gain.”
This case was investigated by the Cleveland FBI and IRS Criminal Investigations (“CI”). This case was prosecuted by Assistant U.S. Attorneys Chelsea S. Rice and Alejandro A. Abreu.
Meyersdale Man Sentenced to 132 Months in Prison and 5 Years of Supervised Release for Possessing with Intent to Distribute and Distributing MethamphetamineRead the Press Release
JOHNSTOWN, Pa. – A former resident of Meyersdale, PA, has been sentenced in federal court to a total of 132 months in prison followed by 5 years of supervised release on his conviction of possession with intent to distribute and distribution of methamphetamine, United States Attorney Eric Olshan announced today.
United States District Judge Stephanie L. Haines imposed the sentence on Stephen Walter age 54, of Meyersdale, Pennsylvania, on November 1, 2023.
According to information presented to the court, Walter admitted that on or about May 24, 2022, he possessed with the intent to distribute and did distribute approximately 392 grams of actual, or pure, methamphetamine in Meyersdale, PA. Walter also accepted responsibility for nine criminal cases that are pending against him in the Somerset County Court of Common Pleas involving the possession, possession with intent to deliver, and delivery of controlled substances.
Assistant United States Attorney Maureen Sheehan-Balchon prosecuted this case on behalf of the government.
Mr. Olshan commended the Drug Enforcement Administration, Pennsylvania State Police, Somerset County District Attorney Molly Metzgar, and the Somerset County District Attorney’s Office for the investigation that led to the successful prosecution of Walter.
Mayor of Riverdale, Ill. Indicted on Perjury and Obstruction ChargesRead the Press Release
CHICAGO — A federal grand jury in Chicago has indicted the mayor of Riverdale, Ill. for allegedly lying under oath in a civil deposition and corruptly obstructing a lawsuit that claimed the mayor retaliated against a former city vendor.
LAWRENCE JACKSON, 49, of Riverdale, Ill, is charged with one count of perjury and one count of obstruction of justice, according to the indictment returned Wednesday in U.S. District Court in Chicago. Arraignment has not yet been scheduled.
The indictment was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, Robert W. “Wes” Wheeler, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI, Machelle L. Jindra, Special Agent-in-Charge of the Chicago office of the U.S. Department of Housing and Urban Development’s Office of Inspector General, Ruth M. Mendonça, Inspector-in-Charge of the Chicago Division of the U.S. Postal Inspection Service, and Justin Campbell, Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago. Substantial assistance was provided by the Illinois State Police. The government is represented by Assistant U.S. Attorneys Sean Franzblau and Kirsten Moran, and Special Assistant U.S. Attorney Brian Netols.
According to the indictment, Tri-State Disposal Inc., a waste management company in Riverdale, filed a civil lawsuit against Riverdale and Jackson in 2018, alleging that Jackson retaliated against Tri-State by refusing to renew its garbage collection contract with the city. The owners of Tri-State had spoken out publicly against the city’s issuance of a zoning permit that allowed a recycling and waste transfer business to operate in Riverdale. The recycling business was owned by an individual aligned with Jackson who had allegedly assisted the mayor in replacing Tri-State with a different garbage collection company.
Tri-State’s lawsuit alleged that Jackson caused the city to give preferential treatment to the recycling business at the expense of Tri-State. Jackson participated in a deposition in the suit on Feb. 25, 2021, and answered questions under oath by an attorney for Tri-State. Jackson’s answers were intended to conceal his relationship with the recycling company’s owner, including the owner’s extensive involvement in the operations of Centennial Holdings, a trucking company that Jackson and his wife owned on paper, but which was effectively operated by the recycling company’s owner for Jackson and his wife’s benefit, the indictment states. In the deposition, Jackson falsely testified that a Riverdale village administrator introduced him to the other garbage collection company and recommended that it replace Tri-State, even though he knew that the recycling company’s owner made the introduction and recommendation, the indictment states. During the deposition, Jackson exchanged text messages with the recycling company’s owner regarding the topics being discussed, the indictment states.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The obstruction charge is punishable by up to 20 years in federal prison, while the perjury charge carries a maximum sentence of five years.
Jackson indictmentManderson Man Sentenced to Forty Years in Federal PrisonRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Manderson, South Dakota, man convicted of Aggravated Sexual Abuse by Use of Force, Assault Resulting in Serious Bodily Injury, Assault by Strangulation and Suffocation, Distribution of a Controlled Substance to an Individual Under 21, Tampering with a Witness, Assault Resulting in Substantial Bodily Injury to a Spouse, Intimate Partner, or Dating Partner, two counts of Assault Resulting in Serious Bodily Injury, and Sexual Abuse. The sentencing took place on October 26, 2023.
Gabriel White Plume, 39, was sentenced to 40 years in federal prison on the charges of Aggravated Sexual Abuse by Use of Force, Distribution of a Controlled Substance to an Individual Under 21, and Assault Resulting in Serious Bodily Injury, 20 years on the charge of Tampering with a Witness, 10 years on the two charges of Assault Resulting in Serious Bodily Injury and Assault by Strangulation and Suffocation, and five years on the charge of Assault Resulting in Substantial Bodily Injury to a Spouse, Intimate Partner, or Dating Partner. The prison sentences were ordered to be served concurrently and will be followed by six years of supervised release. He was also ordered to pay a total of $800 in special assessments to the Federal Crime Victims Fund.
White Plume was indicted for the charges by a federal grand jury in February of 2023. He was found guilty following a federal jury trial in Rapid City, South Dakota, in July of 2023.
The conviction stems from White Plume physically and sexually abusing his dating partner by the use of force at Manderson. The victim sustained substantial bodily injury from the physical assault and serious bodily injury from the sexual assault. Prior to being charged federally, White Plume was able to obtain a cellular device in his cell while incarcerated at Pine Ridge. White Plume used the cellular device to access Facebook in order to corruptly persuade his victim into dropping tribal charges.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian country be prosecuted in Federal court as opposed to State court.
This case was investigated by the FBI and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorneys Megan Poppen and Anna Lindrooth prosecuted the case.
White Plume was immediately remanded to the custody of the U.S. Marshals Service.
Lutcher Man Pleads Guilty to Drug ConspiracyRead the Press Release
NEW ORLEANS – TROY MALBROUGH, age 48, of Lutcher, Louisiana, pled guilty on November 1, 2023 to conspiracy to distribute and possess with the intent to distribute, a quantity of heroin, a quantity of fentanyl, and a quantity of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846 announced U.S. Attorney Duane A. Evans.
According to court documents, the Drug Enforcement Administration began a drug-trafficking investigation into MALBROUGH's organization in 2019 and uncovered a conspiracy between MALBROUGH and others, to distribute heroin, fentanyl, and methamphetamine. Additionally, MALBROUGH himself purchased and distributed these controlled substances within the Eastern District of Louisiana. In 2018, MALBROUGH distributed fentanyl to an individual who later died after ingesting that fentanyl.
MALBROUGH faces a sentence of up to 20 years of imprisonment, a fine of up to $1,000,000.00, at least 3 years of supervised release, and a mandatory special assessment fee of $100.00. United States District Judge Jane Triche Milazzo will sentence MALBROUGH on February 21, 2024.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney Brittany L. Reed of the Public Integrity Unit is in charge of the prosecution.
Little Eagle Man Sentenced for Methamphetamine ConspiracyRead the Press Release
ABERDEEN - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced a Little Eagle, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on October 30, 2023.
Jesse James Clairmont, age 54, was sentenced to four years and three months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Clairmont was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in February of 2021. He pleaded guilty on July 24, 2023.
The conviction stemmed from Clairmont distributing methamphetamine primarily within the Standing Rock Indian Reservation between January 1, 2015, and February 8, 2021. During the time frame of the conspiracy, Clairmont was responsible for distributing at least 50 grams but less than 200 grams of methamphetamine.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the FBI. Assistant U.S. Attorney Wayne Venhuizen prosecuted the case.
Clairmont was immediately remanded to the custody of the U.S. Marshals Service.
Leader of Violent Armed Robbery Spree in Hampton Roads SentencedRead the Press Release
NORFOLK, Va. – A Bloods gang member was sentenced today to 507 months in prison for conspiracy to interfere with commerce by means of robbery, seven counts of interference and attempted interference with commerce by means of robbery, three counts of brandishing a firearm during a crime of violence, and one count of discharging a firearm during a crime of violence.
According to court documents, Harold Spencer, 33, of Virginia Beach, was the leader of a five-man armed robbery crew with Kareem Ross, 34, of Hampton, Roshaun Griffin, 36, of Virginia Beach, Jon Morgan, 32, of Portsmouth, and Marvin Lockhart, Jr. 32, of Virginia Beach.
On March 18, 2022, Spencer led Virginia Beach Police on a high-speed pursuit following an attempted robbery of a Tiger Mart gas station. A pursuing Virginia Beach police cruiser’s dash camera captured the men throwing several loaded weapons from their car. Only after spike strips were deployed multiple times did the car finally come to a stop. Spencer and the other men were apprehended, and police recovered ski masks and gloves from inside their vehicle. The clothing and shoes each of them was wearing matched what could be seen in video surveillance from six prior armed robberies.
During the second of six-armed robberies, Spencer shot multiple times at a fleeing customer, nearly killing the customer. Spencer took a “selfie” on his cell phone wearing a ski mask worn in all six robberies—a ski mask, which was recovered after the high-speed pursuit and later was shown to contain his DNA. His cell phone also contained photographs of Ross holding a handgun with a drum magazine, multiple Glock firearms consistent with those thrown from the fleeing vehicle, large sums of cash, and lottery tickets.
The armed robbery crew stole cash, cigarettes, and lottery tickets. Investigators from the Virginia Lottery received alerts from convenience stores where attempts were made by Spencer and Ross, to cash the stolen tickets. Investigators pulled the surveillance video from those attempts and identified both men. Additionally, through a shoe impression expert from the Virginia Department of Forensic Science, investigators were able to connect the shoes Spencer was arrested in with a lift of an impression made at the Arrowhead Food Mart he had robbed on March 5, 2022. Those shoes could be seen at all six armed robberies Spencer had committed.
Several months before this armed robbery spree, Morgan had recently completed a ten-year prison sentence for a previous armed robbery. Spencer was also previously convicted of an armed robbery. In 2012, Spencer robbed the Golden China restaurant in Norfolk where he struck a victim in the head. He was sentenced in Norfolk Circuit Court to 10 years incarceration with 8 of the years suspended.
Ross was sentenced to 27 years in prison for his role in the conspiracy. Griffin was sentenced to 15 years in prison for his role in the conspiracy. Morgan will be sentenced on November 17. Lockhart will be sentenced on February 2, 2024.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office; and Paul W. Neudigate, Chief of Police, Virginia Beach Police Department, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen.
Assistant U.S. Attorneys Joe Depadilla and John F. Butler and prosecuted the case.
The Justice Department announced today several new commitments as part of its Comprehensive Strategy for Reducing Violent Crime. Instituted by Attorney General Merrick B. Garland in May 2021, the strategy focuses on harnessing federal resources, intelligence, and expertise as a force-multiplier with state, local, and Tribal law enforcement. Deputy Attorney General Lisa O. Monaco and Associate Attorney General Vanita Gupta highlighted the more than $334 million in critical grant funding to law enforcement agencies and stakeholders awarded today by the Office of Community Oriented Policing Services (COPS Office).The COPS grants announced today include funding to help law enforcement agencies hire over 1,730 new law enforcement officers across the country while also providing critical funding to support school safety and continue to advance community policing nationwide.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:22-cr-106.
Lawton Pair Charged with Murder and Accessory to Murder After Native American Woman's Body is Found in Wichita Mountains Wildlife RefugeRead the Press Release
OKLAHOMA CITY – Last week, a four-count Indictment was unsealed charging TEVIN TERRELL SEMIEN, 29, and MAKAYLA NICOLE LEIGH LOGSDON, 24, both of Lawton, in connection with the death of a Comanche Nation woman found in the Wichita Mountains Wildlife Refuge, announced U.S. Attorney Robert J. Troester.
The Indictment charges Semien with one count of first-degree premeditated murder, one alternative count of second-degree murder, and one count of illegally possessing a firearm after a previous felony conviction. The Indictment charges Logsdon with one count of accessory after the fact to murder.
Semien was arraigned on October 18, 2023. Logsdon was arraigned on October 23, 2023. Both pleaded not guilty and are detained in federal custody pending trial.
According to an affidavit filed in support of a criminal complaint against Semien, On May 17, 2023, a woman was found dead in the Wichita Mountains Wildlife Refuge. Investigators searched the woman’s home within Indian Country, where they observed blood consistent with a violent struggle. The victim’s vehicle was missing as well. On May 21, 2023, Texas law enforcement observed the victim’s vehicle driving south of Dallas, Texas. Officers attempted to pull the vehicle over, but the vehicle fled at a high speed, eventually crashing into a lake. The two occupants of the vehicle, later identified as Semien and Logsdon, attempted to flee on foot but were apprehended.
If found guilty, Semien faces up to life imprisonment in federal prison. Logsdon faces up to 15 years in federal prison if found guilty.
This case is in federal court because the victim and Logsdon are enrolled members of the Comanche Nation and the murder occurred within Indian Country.
This case is a result of an investigation by the Federal Bureau of Investigation – Oklahoma City, Dallas, and New Orleans field offices; the Oklahoma State Bureau of Investigation; the U.S. Fish and Wildlife Service; the Comanche Nation Police Department; the Comanche County Sheriff’s Office; the Lawton Police Department; the U.S. Marshals Service; the Rice, Texas, Police Department; and the Navarro County, Texas, Sheriff’s Office. Assistant U.S. Attorneys Mark R. Stoneman and Allison Christian are prosecuting this case.
The case furthers the Department of Justice’s Missing and Murdered Indigenous Persons efforts to address violence against Native American individuals. More information about this initiative is at https://www.justice.gov/tribal/mmip.
The public is reminded that these charges are merely allegations, and that Semien and Logsdon are presumed innocent unless and until proven guilty beyond a reasonable doubt.
Reference is made to public filings for more information.
Konawa Resident Pleads Guilty to Involuntary Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kristy Renee Zapata-Gutierrez, age 35, of Konawa, Oklahoma, entered a guilty plea to one count of Involuntary Manslaughter in Indian Country.
The Indictment alleged that, on March 19, 2023, Zapata-Gutierrez caused the death of the victim while driving under the influence and in an unsafe manner. The victim was a passenger in Zapata-Gutierrez’s car.
The crime occurred in Seminole County, within the boundaries of the Seminole Nation Reservation, in the Eastern District of Oklahoma.
The charges arose from an investigation by the Oklahoma Highway Patrol, the Seminole Nation Lighthorse Police, and the Federal Bureau of Investigation.
The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report. Zapata-Gutierrez will remain on release pending sentencing.
Assistant United States Attorney Kevin Gross represented the United States.
Justice Department to Announce Civil Rights Investigations Related to South CarolinaRead the Press Release
WASHINGTON – Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Adair F. Boroughs for the District of South Carolina will hold a press conference to announce civil rights investigations.
WHEN: Today, Nov. 2, at 12:30 p.m. ET
WHO: Assistant Attorney General Kristen Clarke
U.S. Attorney Adair F. Boroughs
WHERE: Media must RSVP to receive the Zoom link.
OPEN PRESS
Media planning to attend must RSVP to Julia Hartnett at [email protected] by 12:00 p.m. ET.
Any inquiries regarding logistics should be directed to Aryele Bradford at [email protected] or Julia Hartnett at [email protected]
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Justice Department Awards Rhode Island Law Enforcement Agencies More Than $3.3 Million in Public Safety GrantsRead the Press Release
PROVIDENCE, RI – United States Attorney Zachary A. Cunha joins the Justice Department today in announcing several new commitments as part of the Justice Department’s Comprehensive Strategy for Reducing Violent Crime. Instituted by Attorney General Merrick B. Garland in May 2021, the strategy focuses on harnessing federal resources, intelligence, and expertise as a force-multiplier with state, local, and Tribal law enforcement.
Deputy Attorney General Lisa O. Monaco and Associate Attorney General Vanita Gupta highlighted the more than $334 million in critical grant funding to law enforcement agencies and stakeholders awarded today by the Office of Community Oriented Policing Services (COPS Office).The COPS grants announced today include funding to help law enforcement agencies hire over 1,730 new law enforcement officers across the country while also providing critical funding to support school safety and continue to advance community policing nationwide
Through this funding, U.S. Attorney Cunha is pleased to announce that the Department’s COPS Office awarded a total of more than $3.3 million to Rhode Island to combat violent crime and maintain public safety.
Grant awards to Rhode Island law enforcement agencies include
- $2.5 million for the Providence Police Department to hire twenty police officers;
- $400,000 to the South Kingstown Police Department to implement Crisis Intervention Teams;
- $220,514 to fund a Providence Police Department De-Escalation Program;
- $67,500 to fund a Tiverton Police Department School Violence Prevention Program; and
- $132,518 to the Rhode Island Police Accreditation Commission to enhance existing law enforcement accreditation entities.
“Law enforcement officers across the country are showing up every day to protect their communities in the face of unprecedented challenges,” said Attorney General Merrick B. Garland. “These grants, which support the hiring of more than 1700 new officers and make critical investments in school safety and crisis intervention efforts, will help provide local law enforcement agencies with the resources they need to keep their communities safe, support officers, and build public trust.”
“This Office’s strong and enduring relationships with our state and local law enforcement partners are critical to our work keeping Rhode Islanders safe, taking violent criminals off our streets, and standing up for the victims of crime,” remarked U.S. Attorney Cunha. “These grants will help fund innovative approaches that enhance public safety and deepen law enforcement’s connections to the communities we serve.”
“For almost 30 years, the COPS Office has worked to reduce crime and increase trust between law enforcement and the community through the many different grant programs that we offer,” said Director Hugh T. Clements Jr. of the COPS Office. “The funding we are announcing today will go a long way toward advancing this very important work.”
The Department has also named the five new cities to join the more than 50 jurisdictions currently part of the Office of Justice Program’s (OJP) Bureau of Justice Assistance (BJA) National Public Safety Partnership (PSP), which has a proven track record of helping partner sites reduce crime, improve homicide clearance rates, and enhance the quality of life for community members. The 2024 PSP sites are: Knoxville, Tennessee; Minneapolis, Minnesota; Raleigh, North Carolina; San Antonio, Texas; and Vallejo, California.
Lastly, the Deputy Attorney General and Associate Attorney General announced that this December 11-13, in Indianapolis, the Justice Department’s will bring together 1,500 local and federal partners from across the country, including representatives from the more than 50 PSP jurisdictions and from Project Safe Neighborhoods for a Violent Crime Reduction Summit, to be hosted by OJP BJA.
Complete lists of all program award recipients, including funding amounts, can be found here.
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Justice Department Announces New Nationwide Public Safety CommitmentsRead the Press Release
The Justice Department announced today several new commitments as part of its Comprehensive Strategy for Reducing Violent Crime. Instituted by Attorney General Merrick B. Garland in May 2021, the strategy focuses on harnessing federal resources, intelligence, and expertise as a force-multiplier with state, local, and Tribal law enforcement.
Deputy Attorney General Lisa O. Monaco and Associate Attorney General Vanita Gupta highlighted the more than $334 million in critical grant funding to law enforcement agencies and stakeholders awarded today by the Office of Community Oriented Policing Services (COPS Office). The COPS grants announced today include funding to help law enforcement agencies hire over 1,730 new law enforcement officers across the country while also providing critical funding to support school safety and continue to advance community policing nationwide.
They also named the five new cities to join the more than 50 jurisdictions currently part of the Office of Justice Program (OJP)’s Bureau of Justice Assistance (BJA) National Public Safety Partnership (PSP), which has a proven track record of helping partner sites reduce crime, improve homicide clearance rates, and enhance the quality of life for community members. The 2024 PSP sites are: Knoxville, Tennessee; Minneapolis; Raleigh, North Carolina; San Antonio; and Vallejo, California.
Lastly, the Deputy Attorney General and Associate Attorney General announced that this Dec. 11-13, in Indianapolis, the Justice Department will bring together up to 1,500 local and federal partners from across the country, including representatives from the more than 50 PSP jurisdictions and from Project Safe Neighborhoods for a Violent Crime Reduction Summit hosted by OJP BJA.
“Law enforcement officers across the country are showing up every day to protect their communities in the face of unprecedented challenges,” said Attorney General Merrick B. Garland. “These grants, which support the hiring of more than 1700 new officers and make critical investments in school safety and crisis intervention efforts, will help provide local law enforcement agencies with the resources they need to keep their communities safe, support officers, and build public trust.”
“The latest data indicates progress on declining crime rates, but the Justice Department recognizes there is far more work to do so that all Americans can be free from violence,” said Deputy Attorney General Lisa O. Monaco. “Local communities know best what works, which is why the Justice Department has recently invested over $5.6 billion in community-driven safety initiatives. The grants and partnerships announced today build on past investments and further our pledge to work hand-in-hand with law enforcement and community partners to harness our resources, intelligence, and expertise to reduce violent crime.”
“I can’t emphasize enough how critical these grants are to urban, suburban, and rural communities across the country to address urgent public safety needs and increase police-community trust and collaboration,” said Associate Attorney General Vanita Gupta. “These grants provide vital investments for communities to hire highly qualified and diverse police officers, improve school safety, and strengthen police and community partnerships.”
Since its creation in 1994, the COPS Office has advanced community policing nationwide and provided grants to over 13,000 state, local, territorial, and Tribal law enforcement agencies to fund the hiring and redeployment of approximately 138,000 officers. Funding highlights from the grants announced today include:
- Nearly $217 million to 394 agencies through the COPS Hiring Program (CHP) for the hiring of 1,730 entry-level career law enforcement officers in an effort to create and preserve jobs and increase community policing capacity and crime prevention efforts.
- More than $73.6 million to 206 school districts, state, and local governments, and other public agencies through the COPS School Violence Prevention Program (SVPP) to improve security at schools and on school grounds.
- Approximately $43.6 million to support crisis intervention teams, de-escalation training, accreditation efforts, and innovative community policing strategies through the COPS Community Policing Development (CPD) program.
Complete lists of all program award recipients, including funding amounts, can be found here.
“For almost 30 years, the COPS Office has worked to reduce crime and increase trust between law enforcement and the community through the many different grant programs that we offer,” said Director Hugh T. Clements Jr. of the COPS Office. “The funding we are announcing today will go a long way toward advancing this very important work.”
These grant awards build on the $4.4 billion that the Justice Department’s OJP has already awarded in fiscal year 2023 to support state, local and tribal public safety and community justice activities. More than $1 billion of those funds are specifically designed to reduce crime and violence, and support law enforcement. An additional $109 million supports school violence prevention and research.
“Success in reducing violent crime comes from our ability to work together, partnering with law enforcement and communities, building broad coalitions that recognize and address how to promote public safety,” said Assistant Attorney General Amy L. Solomon. “The Office of Justice Programs is proud to offer robust support to jurisdictions to address violent crime in critical ways.”
OJP provides federal leadership, grants, training, technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime; advance equity and fairness in the administration of justice; assist victims; and uphold the rule of law.
Justice Department Announces New Nationwide Public Safety CommitmentsRead the Press Release
The Justice Department announced today several new commitments as part of its Comprehensive Strategy for Reducing Violent Crime. Instituted by Attorney General Merrick B. Garland in May 2021, the strategy focuses on harnessing federal resources, intelligence, and expertise as a force-multiplier with state, local, and Tribal law enforcement.
Deputy Attorney General Lisa O. Monaco and Associate Attorney General Vanita Gupta highlighted the more than $334 million in critical grant funding to law enforcement agencies and stakeholders awarded today by the Office of Community Oriented Policing Services (COPS Office). The COPS grants announced today include funding to help law enforcement agencies hire over 1,730 new law enforcement officers across the country while also providing critical funding to support school safety and continue to advance community policing nationwide.
They also named the five new cities to join the more than 50 jurisdictions currently part of the Office of Justice Program (OJP)’s Bureau of Justice Assistance (BJA) National Public Safety Partnership (PSP), which has a proven track record of helping partner sites reduce crime, improve homicide clearance rates, and enhance the quality of life for community members. The 2024 PSP sites are: Knoxville, Tennessee; Minneapolis; Raleigh, North Carolina; San Antonio; and Vallejo, California.
Lastly, the Deputy Attorney General and Associate Attorney General announced that this Dec. 11-13, in Indianapolis, the Justice Department will bring together up to 1,500 local and federal partners from across the country, including representatives from the more than 50 PSP jurisdictions and from Project Safe Neighborhoods for a Violent Crime Reduction Summit hosted by OJP BJA.
“Law enforcement officers across the country are showing up every day to protect their communities in the face of unprecedented challenges,” said Attorney General Merrick B. Garland. “These grants, which support the hiring of more than 1700 new officers and make critical investments in school safety and crisis intervention efforts, will help provide local law enforcement agencies with the resources they need to keep their communities safe, support officers, and build public trust.”
“The latest data indicates progress on declining crime rates, but the Justice Department recognizes there is far more work to do so that all Americans can be free from violence,” said Deputy Attorney General Lisa O. Monaco. “Local communities know best what works, which is why the Justice Department has recently invested over $5.6 billion in community-driven safety initiatives. The grants and partnerships announced today build on past investments and further our pledge to work hand-in-hand with law enforcement and community partners to harness our resources, intelligence, and expertise to reduce violent crime.”
“I can’t emphasize enough how critical these grants are to urban, suburban, and rural communities across the country to address urgent public safety needs and increase police-community trust and collaboration,” said Associate Attorney General Vanita Gupta. “These grants provide vital investments for communities to hire highly qualified and diverse police officers, improve school safety, and strengthen police and community partnerships.”
Since its creation in 1994, the COPS Office has advanced community policing nationwide and provided grants to over 13,000 state, local, territorial, and Tribal law enforcement agencies to fund the hiring and redeployment of approximately 138,000 officers. Funding highlights from the grants announced today include:
- Nearly $217 million to 394 agencies through the COPS Hiring Program (CHP) for the hiring of 1,730 entry-level career law enforcement officers in an effort to create and preserve jobs and increase community policing capacity and crime prevention efforts.
- More than $73.6 million to 206 school districts, state, and local governments, and other public agencies through the COPS School Violence Prevention Program (SVPP) to improve security at schools and on school grounds.
- Approximately $43.6 million to support crisis intervention teams, de-escalation training, accreditation efforts, and innovative community policing strategies through the COPS Community Policing Development (CPD) program.
Complete lists of all program award recipients, including funding amounts, can be found here.
“For almost 30 years, the COPS Office has worked to reduce crime and increase trust between law enforcement and the community through the many different grant programs that we offer,” said Director Hugh T. Clements Jr. of the COPS Office. “The funding we are announcing today will go a long way toward advancing this very important work.”
These grant awards build on the $4.4 billion that the Justice Department’s OJP has already awarded in fiscal year 2023 to support state, local and tribal public safety and community justice activities. More than $1 billion of those funds are specifically designed to reduce crime and violence, and support law enforcement. An additional $109 million supports school violence prevention and research.
“Success in reducing violent crime comes from our ability to work together, partnering with law enforcement and communities, building broad coalitions that recognize and address how to promote public safety,” said Assistant Attorney General Amy L. Solomon. “The Office of Justice Programs is proud to offer robust support to jurisdictions to address violent crime in critical ways.”
OJP provides federal leadership, grants, training, technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime; advance equity and fairness in the administration of justice; assist victims; and uphold the rule of law.
Justice Department Announces Civil Rights Investigations into Conditions in South Carolina JailsRead the Press Release
WASHINGTON – The Justice Department announced today that it has opened two separate civil investigations into the conditions in the Sheriff Al Cannon Detention Center in Charleston, South Carolina, and the Alvin S. Glenn Detention Center in Columbia, South Carolina.
Based on an extensive review of publicly available information and information gathered from stakeholders, the department has found significant justification to open these investigations. The department received credible allegations that incarcerated persons have died from use of force, gross medical neglect or suicide in the Sheriff Al Cannon Detention Center. The department also received credible allegations that the Alvin S. Glenn Detention Center is structurally unsafe and that there have been sexual assaults, homicides and prevalent violence resulting in serious injuries.
“People confined in local jails across our country do not abandon their civil and constitutional rights at the jailhouse door,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “We are launching these investigations to determine whether the jail conditions in two of South Carolina’s largest counties comply with basic constitutional standards. We are committed to ensuring that people held inside jails and prisons are not subjected to excessive force, violent conditions, inadequate medical and mental health care, and other dangerous physical conditions while in the custody of their local government.”
“Our office is committed to protecting the constitutional rights and ensuring the safety of all people in South Carolina, including those being detained or incarcerated in county detention centers,” said U.S. Attorney Adair F. Boroughs for the District of South Carolina. “We look forward to working with the Civil Rights Division to ensure the safety of those housed in these facilities.”
These facilities are both local jails, separately operated and funded by Charleston and Richland Counties. The Sheriff Al Cannon Detention center is operated by the Charleston County Sheriff’s Office and Alvin S. Glenn Detention Center is operated by the County through a Director.
The investigation of the Sheriff Al Cannon Detention Center will examine medical and mental health care, use of isolation and use of force. It will also examine whether the Charleston County Sheriff’s Office discriminates against persons with disabilities inside the Detention Center. At the Alvin S. Glenn Detention Center, the department will examine living conditions and whether the detention center fails to protect incarcerated individuals from violence.
Before this announcement, officials from the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for South Carolina notified Charleston and Richland County officials, and officials in both counties have pledged to cooperate with the investigation.
The department has not reached any conclusions regarding the allegations in this matter. Both investigations will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA) and the Al Cannon Detention Center investigation will also be conducted under the Americans with Disabilities Act (ADA). Both statutes give the department the authority to investigate systemic violations of the rights of people confined to correctional facilities. The department’s work has led to important reforms to protect the rights of people in jails and prisons.
The Civil Rights Division’s Special Litigation Section is conducting these investigations jointly with the U.S. Attorney’s office in the District of South Carolina. Individuals with relevant information are encouraged to contact the department about the Alvin S. Glenn Detention Center via phone at (888) 473-3201 or by email at [email protected] and the Sheriff Al Cannon Detention Center via phone at (888) 473-4059 or by email at [email protected].
Additional information about the Civil Rights Division’s work regarding correctional facilities is available on its website at www.justice.gov/crt/rights-persons-confined-jails-and-prisons.
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Justice Department Announces Civil Rights Investigations into Conditions in South Carolina JailsRead the Press Release
The Justice Department announced today that it has opened two separate civil investigations into the conditions in the Sheriff Al Cannon Detention Center in Charleston, South Carolina, and the Alvin S. Glenn Detention Center in Columbia, South Carolina.
Based on an extensive review of publicly available information and information gathered from stakeholders, the department has found significant justification to open these investigations. The department received credible allegations that incarcerated persons have died from use of force, gross medical neglect or suicide in the Sheriff Al Cannon Detention Center. The department also received credible allegations that the Alvin S. Glenn Detention Center is structurally unsafe and that there have been sexual assaults, homicides and prevalent violence resulting in serious injuries.
“People confined in local jails across our country do not abandon their civil and constitutional rights at the jailhouse door,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “We are launching these investigations to determine whether the jail conditions in two of South Carolina’s largest counties comply with basic constitutional standards. We are committed to ensuring that people held inside jails and prisons are not subjected to excessive force, violent conditions, inadequate medical and mental health care, and other dangerous physical conditions while in the custody of their local government.”
“Our office is committed to protecting the constitutional rights and ensuring the safety of all people in South Carolina, including those being detained or incarcerated in county detention centers,” said U.S. Attorney Adair F. Boroughs for the District of South Carolina. “We look forward to working with the Civil Rights Division to ensure the safety of those housed in these facilities.”
These facilities are both local jails, separately operated and funded by Charleston and Richland Counties. The Sheriff Al Cannon Detention center is operated by the Charleston County Sheriff’s Office and Alvin S. Glenn Detention Center is operated by the County through a Director.
The investigation of the Sheriff Al Cannon Detention Center will examine medical and mental health care, use of isolation and use of force. It will also examine whether the Charleston County Sheriff’s Office discriminates against persons with disabilities inside the Detention Center. At the Alvin S. Glenn Detention Center, the department will examine living conditions and whether the detention center fails to protect incarcerated individuals from violence.
Before this announcement, officials from the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for South Carolina notified Charleston and Richland County officials, and officials in both counties have pledged to cooperate with the investigation.
The department has not reached any conclusions regarding the allegations in this matter. Both investigations will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA) and the Al Cannon Detention Center investigation will also be conducted under the Americans with Disabilities Act (ADA). Both statutes give the department the authority to investigate systemic violations of the rights of people confined to correctional facilities. The department’s work has led to important reforms to protect the rights of people in jails and prisons.
The Civil Rights Division’s Special Litigation Section is conducting these investigations jointly with the U.S. Attorney’s office in the District of South Carolina. Individuals with relevant information are encouraged to contact the department about the Alvin S. Glenn Detention Center via phone at (888) 473-3201 or by email at [email protected] and the Sheriff Al Cannon Detention Center via phone at (888) 473-4059 or by email at [email protected].
Additional information about the Civil Rights Division’s work regarding correctional facilities is available on its website at www.justice.gov/crt/rights-persons-confined-jails-and-prisons.
Jackson County Man Pleads Guilty to Possession with Intent to Distribute 70 Grams of MethamphetamineRead the Press Release
Gulfport, Miss. – A Jackson County man pled guilty to possession with intent to distribute 70 grams of methamphetamine.
James Richard Morgan, 42, pled guilty in U.S. District Court in Gulfport.
According to court documents, Federal Bureau of Investigation and Mississippi Bureau of Narcotics agents utilized a confidential informant to purchase 70 grams of 42% purity methamphetamine from Morgan and co-defendant Karlos Brown in the parking lot of Walmart located on Denny Avenue in Pascagoula.
Morgan is scheduled to be sentenced on February 14, 2024, and faces a mandatory minimum of 5 years and a maximum of 40 years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Brown previously pled guilty and was sentenced on February 27, 2023, to 70 months in prison.
U.S. Attorney Todd W. Gee and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation made the announcement.
The case was investigated by the Federal Bureau of Investigation, the Pascagoula Police Department, and the Mississippi Bureau of Narcotics.
The case was prosecuted by Assistant U.S. Attorney Erica Rose.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. 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.
International Fugitive Wanted for Embezzling Approximately $10 Million Arrested by the FBI in MiamiRead the Press Release
CONCORD – A Guatemalan man has been arrested by the Federal Bureau of Investigation (FBI) following an international manhunt, announces U.S. Attorney Jane E. Young and Jodi Cohen, Special Agent in Charge of the FBI, Boston Division.
Roberto Montano, a/k/a Jorge Roberto Montano Midence, a/k/a Roberto Pellegrini, a/k/a Alberto Yardi, 57, was arrested yesterday at the Miami International Airport. He will make an initial appearance in the United States District Court for the Southern District of Florida at a later time.
Montano was charged with wire fraud by complaint in 2015 and indictment in 2021 by the District of New Hampshire. According to the charging documents, Montano is a citizen of Guatemala who managed two forestry projects in Guatemala for a New Hampshire-based investment adviser between 2007 and 2014. Beginning in approximately late 2009, Montano’s management company, Green Millennium, embezzled the projects' funds by (1) diverting cash and concealing the diversions using altered bank and financial statements; (2) mortgaging the Projects' properties without authorization and investing the proceeds in business ventures; and (3) stealing teak forestry subsidies paid by the Guatemalan government. Authorities believe the total loss of this fraud may be approximately $10 million.
After Montano was alerted to an investigation into the fraud in 2014, he fled the United States for Guatemala. Eventually, he moved to Nicaragua, where he has been living for several years under an alias. Since 2014, the FBI has been actively engaged in efforts to locate and arrest Montano and his wanted poster has now been updated to reflect his capture: https://www.fbi.gov/wanted/wcc/jorge-roberto-montano-pellegrini/download.pdf. Montano is also wanted in Guatemala for an alleged embezzlement scheme.
The charge of wire fraud provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000 or twice the amount stolen, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
The FBI is leading the investigation. Valuable assistance was provided by the International Criminal Police Organization (INTERPOL), Republic of Guatemala, the FBI’s Legal Attaché in Panama City, Panama, the FBI Miami Field Office, Department of Homeland Security, the U.S. State Department, specifically the U.S. Embassy in Managua, Nicaragua and the Embassy of Italy in Managua, Nicaragua. Assistant U.S. Attorney Alexander S. Chen is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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In Celebration of 2nd Anniversary, Justice Department’s Office for Access to Justice Publishes Report on Economic Justice Policies that Reduce Reliance on Fines and FeesRead the Press Release
Commemorating the 2nd anniversary of the reestablishment of the Office for Access to Justice (ATJ), the office today published Access to Justice Spotlight: Fines & Fees, a report that highlights the most common and innovative approaches taking place across the country to reduce reliance on criminal and civil fines and fees. When fines and fees are assessed without consideration of ability to pay, they can have a devastating impact on a person’s life. Individuals who are unable to pay court-assessed fines and fees can face snowballing financial penalties, extended justice-system involvement, suspended driver’s licenses and unnecessary incarceration.
Associate Attorney General Gupta tasked ATJ with preparing the spotlight report to expand upon the principles set forth in the department’s Dear Colleague Letter issued in April that cautioned against practices to assess fines and fees that may be unlawful, unfairly penalize individuals who are unable to pay or otherwise have a discriminatory effect.
The report is designed to serve as a resource for policymakers looking to decrease systemic reliance on fines and fees as a source of revenue and to redress the harms fines and fees can cause. It reviews 12 categories of promising practices jurisdictions are employing across the country, from eliminating certain categories of fees altogether, to implementing meaningful ability to pay determinations, regulating debt collection and discharging existing debt. The report also includes a section addressing specific approaches jurisdictions can take to reduce the unintended harms of juvenile fines and fees.
“In just two years, the Office for Access to Justice has demonstrated the importance of establishing a stand-alone office dedicated to the mission of access for all,” said Associate Attorney General Vanita Gupta. “The office has launched initiatives to expand access to legal assistance; promote access to justice for veterans, those in rural communities, individuals with disabilities, low-income communities, and those who have limited English proficiency; and to promote data, innovation and the integrity of legal systems.”
“Over the last two years, our office has worked expeditiously and strategically to onboard a talented professional team and to develop initiatives that promote access to justice for all,” said Director Rachel Rossi of ATJ. “This report demonstrates how collaboration with partners across the country and world can drive this mission forward, to ensure justice belongs to everyone, not only those with wealth or status.”
In crafting the report, ATJ conducted listening sessions and solicited feedback from dozens of organizations, policymakers, advocates, academics, law enforcement leaders and court leaders who are pursuing a more just approach to fines and fees. Access to Justice Spotlight: Fines and Fees is part of ATJ’s ongoing efforts to promote economic justice in civil and criminal legal systems. The mission of ATJ is to ensure access to the promises and protections of our civil and criminal legal systems for all communities, regardless of wealth or status. Since it was reestablished in October 2021, the office has launched a number of initiatives, including:
- Expanding language access by hiring the first department-wide Language Access Coordinator, reconvening the Justice Department’s Language Access Working Group, leading efforts to update the Justice Department’s Language Access Plan for the first time in over a decade, and launching a pilot Translation Initiative, that has supported more than two dozen DOJ offices and 14 United States Attorneys’ Offices by providing technical assistance in translating printed and digital content into over 30 languages;
- Supporting public defense by co-leading a review of access to counsel in Federal Bureau of Prisons (BOP) pretrial facilities at the direction of Deputy Attorney General Monaco that culminated in publication of the July 2023 Report and Recommendations Concerning Access to Counsel at the Federal Bureau of Prisons’ Pretrial Facilities, partnering with the National Institute of Justice (NIJ) to sponsor a report, Gideon at 60: a Snapshot of State Public Defense Systems and Paths to System Reform on public defense system models in state, local, and Tribal jurisdictions, and leading a nation-wide tour to commemorate the 60th anniversary of Gideon v. Wainwright, joined by Justice Department senior officials, to meet with public defense leaders and impacted communities across the country;
- Promoting successful reentry by leading six other federal agencies in the drafting and publication of the Reentry Coordination Council (RCC)’s Report, which sets forth recommendations to Congress to reduce barriers to successful reentry, and working with justice system impacted individuals to host a Reentry Simulation that allowed high level federal officials better understand the many complex barriers people face after being released from incarceration;
- Directing and staffing the work of the White House Legal Aid Interagency Roundtable (LAIR), including by publishing Access to Justice in the Age of COVID-19 (2021), and Access to Justice through Simplification, a Roadmap for People-Centered Simplification of Federal Government Forms, Processes, and Language (2022), and by hosting annual principal convenings of LAIR’s 28 federal agency leaders;
- Modernizing the DOJ Pro Bono Program by staffing over 25 different Pro Bono clinics across the country, mobilizing federal attorney volunteers from over 50 participating federal agencies to take on representation in over 200 pro bono matters, and by modernizing and streamlining the Pro Bono Program through the launch of the DOJ Pro Bono Portal;
- Pursuing access to justice for rural and Tribal communities, Veterans and individuals with disabilities, including through partnering with the Department of Veterans Affairs (VA) to host listening sessions with legal aid providers who are assisting Veterans in the VA administrative process, launching a partnership with the Servicemembers and Veterans Initiative (SVI) and the Executive Office for U.S. Attorneys (EOUSA) to promote and share resources and host roundtables on federal Veterans Treatment Courts (VTC) and Veterans reentry programs with U.S. Attorneys, publishing Advancing Equal Access to Justice for Americans with Disabilities: Moving Towards Closing the Justice Gap on the 33rd Anniversary of the ADA; and engaging in a series of law school visits across the country to promote legal help in rural and Tribal communities;
- Assisting the U.S. with implementation of UN Sustainable Development Goal 16, including by participating in the 31st Session of the United Nations Commission on Crime Prevention and Criminal Justice and providing technical assistance during negotiations of the first-ever resolution on access to justice which was adopted by the Commission;
- Prioritizing people-centered justice and engagement by meeting with and learning from innovative leaders and community members in 24 states where access to justice solutions are being developed, hosting quarterly convenings with the nation-wide state Access to Justice Commissions, and hosting quarterly convenings with the public defense community.
Hunterdon County Man Charged with $1.5 Million Fraud SchemeRead the Press Release
NEWARK, N.J. – A Hunterdon County, New Jersey, man has been charged with defrauding a New Jersey-based title insurance company of approximately $1.5 million, U.S. Attorney Philip R. Sellinger announced today.
Ralph Divino, 62, of Annandale, New Jersey, was indicted on two counts of wire fraud. He appeared on Oct. 31, 2023, before U.S. Magistrate Judge James B. Clark III in Newark federal court, entered a plea of not guilty, and was released on unsecured bond.
According to documents filed in this case and statements made in court:
From October 2018 through November 2018, Divino executed a scheme to defraud a New Jersey-based title insurance company through which he fraudulently obtained a residential property and funds exceeding $900,000. Through Divino’s scheme, the title insurance company lost approximately $1.5 million.
Divino advised the title insurance company of his purported intention to purchase two residential properties in Warren, New Jersey, and Annandale, New Jersey. Divino then falsely represented that he had wired $1.5 million for the purchase of both properties when, in fact, he never sent any funds. Divino advised the title insurance company that he no longer wished to purchase the Warren property. Relying on Divino’s false assurances that he had wired $1.5 million to the title insurance company, the title insurance company issued Divino a check for $987,000 as a refund, which Divino cashed and used to purchase personal items, including luxury cars. Divino also closed on and assumed ownership of the Annandale property, still never having provided any funds to title insurance company.
In November 2018, after the closing on the Annandale property, the title insurance company discovered that Divino had never wired any money to purchase either property. When representatives from the title insurance company asked Divino about this, Divino provided them with two checks from his purported business account totaling $1.5 million. After the bank refused to honor Divino’s checks, citing insufficient funds, Divino engaged in an email exchange with an employee of the title insurance company in which he falsely assured the employee that the checks could be used to reimburse the title insurance company, or that Divino would otherwise provide the missing funds. In truth, at the time of those communications, the business account from which Divino had issued the checks had a negative balance. Divino never reimbursed the title insurance company for the fraudulently obtained funds.
Each wire fraud count carries a maximum potential penalty of 20 years in prison and a maximum fine of either $250,000 or twice the gain or loss from the offense, whichever is greatest.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Samantha C. Fasanello of the Cybercrime Unit in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
divino.indictment.pdfHot Springs Man Sentenced to Life in Prison for Kidnapping a Minor FemaleRead the Press Release
HOT SPRINGS, AR. – A Hot Springs man was sentenced to life in prison yesterday and his co-defendant was sentenced today to 15 years in prison for the kidnapping of a minor female in April 2022. The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearings for the United States District Court in Hot Springs.
According to court documents, Samuel Wayne Bolling Jr., age 40 and Dayla Diane Ferrer, age 21, entered into an agreement to kidnap a minor female in an attempt to extort money from her relatives. On April 18, 2022, Ferrer approached the minor female in the downtown area of Hot Springs, Arkansas and requested her assistance. The minor entered Ferrer’s vehicle where she was immediately attacked and restrained by Bolling. Contact was made with the minor’s family and Bolling demanded payment of $10,000 in exchange for her safe return. Bolling and Ferrer held the minor overnight before releasing her the next day.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
Hot Springs Police Department, FBI, Arkansas State Police, Garland County Sheriff's Office, Hot Springs County Sherriff's Office, and the Atoka (TN) Police Department investigated the case.
Assistant U.S. Attorneys Bryan Achorn and Carly Marshall prosecuted the case.
Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Hickory, N.C. Man Is Sentenced to Prison for Distribution of Methamphetamine and Possession of A Firearm by A FelonRead the Press Release
CHARLOTTE, N.C. – A Hickory, N.C. man was sentenced to five years in prison today for possession with intent to distribute methamphetamine and possession of a firearm by a convicted felon, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. Edward Leroy Bailey, 48, was also ordered to serve four years under court supervision after he is released from prison.
Alicia Jones, Acting Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Reed Baer of the Hickory Police Department join U.S. Attorney King in making today’s announcement.
According to court documents and court proceedings, in October 2022, law enforcement received information that Bailey was distributing narcotics from his hotel room in the Hickory area. Over the course of the investigation, law enforcement conducted controlled purchases of narcotics from Bailey, and, on October 18, 2022, they executed a search warrant at Bailey’s hotel room. During the search, law enforcement found and seized distribution quantities of methamphetamine, as well as cocaine base and marijuana, and more than $1,800 in cash. Law enforcement also seized three stolen firearms, two of which were loaded, and ammunition. Bailey has a criminal history that includes convictions for Robbery with a Dangerous Weapon and Possession of a Firearm by Felon, and he is not permitted to own or possess firearms.
On July 12, 2023, Bailey pleaded guilty to possession with intent to distribute methamphetamine, and possession of a firearm by a convicted felon.
The ATF and the Hickory Police Department investigated the case.
Special Assistant U.S. Attorney (SAUSA) William Wiseman of the U.S. Attorney’s Office in Charlotte prosecuted the case. Mr. Wiseman is a state prosecutor with the office of the 26th Prosecutorial District and was assigned by District Attorney Spencer Merriweather to serve as a SAUSA with the U.S. Attorney’s Office in Charlotte. Mr. Wiseman is sworn in both state and federal courts. The SAUSA position is a reflection of the partnership between the District Attorney’s Office and the U.S. Attorney’s Office.
Gulfport Woman Pleads Guilty to Possession with Intent to Distribute 264 Grams of Pure MethamphetamineRead the Press Release
Gulfport, MS – A Gulfport woman pleaded guilty today to possession with intent to distribute 264 grams of pure methamphetamine.
Mary Lou Harmon, 61, pleaded guilty in U.S. District Court in Gulfport.
According to court documents, agents received information that Harmon was receiving and distributing narcotics at an address in D’Iberville, Mississippi. On July 8, 2020, agents intercepted a package sent to Harmon which contained 264 grams of pure methamphetamine.
Harmon pleaded guilty to possession with intent to distribute a controlled substance. She is scheduled to be sentenced on February 16, 2024, and faces up to twenty years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Todd W. Gee of the Southern District of Mississippi and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration made the announcement.
The case was investigated by the Drug Enforcement Administration and Homeland Security Investigations.
Assistant U.S. Attorney Erica Rose is prosecuting the case.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level 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.
Guatemalan National Indicted for Alleged Possession of Child PornographyRead the Press Release
EL PASO, Texas – A Guatemalan national was indicted in a federal court in El Paso with two counts related to child sexual abuse material.
According to court documents, Jesus Menjibar Salinas, 20, was arrested by U.S. Border Patrol agents east of Sierra Blanca on Oct. 3. An affidavit filed in a criminal complaint alleges that Salinas possessed a cell phone with photos and videos depicting child sexual abuse material stored within the device and in a messaging application.
Salinas is charged with one count of transportation of child pornography and one count of possession of child pornography. If convicted, he faces a penalty of five to 20 years in prison for the transportation charge and a maximum penalty of 20 years in prison for the possession charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
HSI and USBP are investigating the case.
Assistant U.S. Attorney Michael Osterberg is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Greene County Felon Admits to Possessing Cocaine and Cocaine Base for Distribution, and Possessing Firearms in Furtherance of Drug TraffickingRead the Press Release
ALBANY, NEW YORK – Atniel Pagan, age 24, of Catskill, New York, pled guilty today to possessing and intending to distribute cocaine and cocaine base, and to possessing firearms in furtherance of a drug trafficking crime.
The announcement was made by United States Attorney Carla B. Freedman; David L. McNulty, United States Marshal for the Northern District of New York; John B. DeVito, Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Albany Police Chief Eric Hawkins.
Pagan admitted to possessing 225 grams of cocaine and 22 grams of cocaine base that he intended to sell at an apartment in Albany. Pagan, a previously convicted felon, further admitted to possessing a loaded privately manufactured, semi-automatic, AR-style rifle, and a loaded privately manufactured, semi-automatic pistol (a/k/a “ghost guns”), in order to guard against the potential theft of his drugs and drug money. Pagan was arrested at his apartment by the U.S. Marshals executing a state arrest warrant, and Albany Police subsequently obtained a warrant to search the apartment.
Pagan faces at least 5 years and up to life in prison, a fine of up to $1 million, and a term of post-imprisonment supervised release of at least 3 years and up to life, when he is sentenced on March 1, 2024 by United States District Anne M. Nardacci. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the U.S. Marshals Service and Albany Police Department, with assistance provided by ATF and the Greene County District Attorney’s Office. Assistant U.S. Attorney Emmet O’Hanlon is prosecuting this case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Gering Man Sentenced for Bank FraudRead the Press Release
Acting United States Attorney Susan Lehr announced that George Liakos, 64, of Gering, Nebraska, was sentenced on October 27, 2023, in federal court in Lincoln, Nebraska for Bank Fraud. Senior United States District Court Judge John M. Gerrard sentenced Liakos to 36 months’ imprisonment. There is no parole in the federal system. After Liakos’s release from prison, he will begin a 5-year term of supervised release. As part of his sentence, Liakos was ordered to pay $5,059,035.43 in restitution to First Interstate Bank.
Great Western Bank, which was subsequently acquired by First Interstate Bank, was a banking corporation with locations in Iowa, Colorado, South Dakota, and Nebraska, including a banking office in Scottsbluff, Nebraska. Great Western Bank’s deposits were insured by the Federal Deposit Insurance Corporation. Liakos conducted a farming operation in Bayard, Nebraska, primarily growing beans, corn and sugar beets as well as raising cattle for sale.
Beginning in April 2017 and continuing through May 2019, Liakos misrepresented the amount of commodities he had in storage, cattle inventory, and acreage of crops and concealed his debt from Great Western Bank in order to secure approximately $11 million in loans.
As a part of his scheme to obtain money from Great Western Bank, on June 2, 2017, Liakos executed Loans and a Security Agreement with Great Western Bank. The loans and security agreement consisted of a revolving line of credit, machinery and equipment loan and a livestock loan. In approving the Loans and Security Agreement, Great Western Bank relied upon information provided by Liakos reflecting current commodity and livestock inventory, accounts receivable, loans, and accounts payable which he knew materially overstated his commodity inventory and materially understated and failed to report loans and accounts payable. As part of this agreement, Liakos granted Great Western Bank a security interest in assets and farm products as collateral for the loan. As a result of the Liakos’s scheme and artifice to defraud, Great Western Bank sustained a financial loss of $3,940,007.80.
After the sentencing, FBI Omaha Special Agent in Charge Eugene Kowel said, “George Liakos’ crime may not have been violent, but there were real victims. His years of lies and falsifying documents led to a local bank’s loss of more than seven million dollars. Today’s sentence illustrates the FBI’s mission to investigate complex fraud cases and bring to justice those who enrich themselves at the expense of others by breaking the law.”
Matthew T. Wilkins, Acting Special Agent-in-Charge, U.S. Department of Agriculture-Office of Inspector General said “I want to thank the US Attorney’s Office, OIG special agents, and our investigative partners for their hard work on this investigation. When the integrity of the United States Department of Agriculture’s farm loan programs is violated by criminal conduct, the Office of Inspector General will pursue justice to the fullest extent of the law.”
Acting United States Attorney Susan T. Lehr stated, “Today’s sentencing is the product of nearly four years of investigating and prosecuting Liakos for making material misrepresentations to the Commodity Credit Corporation and Great Western Bank to obtain significant lines of credit. His misrepresentations and actions resulted in millions of dollars in loss being sustained by Great Western Bank. Today’s result reflects our office’s commitment to work with our federal partners such as the FBI and USDA-OIG to bring white collar criminals to justice.”
This case was investigated by the United States Department of Agriculture – Office of the Inspector General and the Federal Bureau of Investigation.
Four Oklahomans Plead Guilty to Distributing Fentanyl Causing Death of Grady County Resident in Indian CountryRead the Press Release
OKLAHOMA CITY – DUSTIN ELLIS, 32, PAMELA PAYNE, 40, SIERRA MANDRELL, 29, and NICHOLAS SWEETEN, 27, all of Grady County, recently pleaded guilty for their roles in the distribution of fentanyl that resulted in the death of another person within Indian Country in Grady County, announced U. S. Attorney Robert J. Troester.
In October, Ellis, Payne, and Mandrell were each charged with one count of distribution of fentanyl. Similarly, Sweeten was charged on October 11, 2023, for his involvement in the drug conspiracy.
On April 3, 2023, a resident of Grady County died due to a fentanyl overdose. According to court documents, on or about April 2, 2023, these four defendants conspired to distribute pills containing fentanyl to another person, which resulted in the death of the Grady County resident.
Yesterday, Payne, Mandrell, and Sweeten each pleaded guilty to distribution of fentanyl. As part of their pleas, Payne and Mandrell admitted to distributing a substance containing fentanyl and Sweeten admitted to facilitating the deal. On October 5, 2023, Ellis pleaded guilty to his role in the distribution of fentanyl.
“It only takes one deadly fentanyl-laced pill to cause a fatal overdose,” said U. S. Attorney Robert J. Troester. “My office has and will continue to aggressively pursue those who dispense this deadly poison to hold them accountable to the significant consequences that follow and protect the public from further harm.”
“Those who distribute drugs do so for one purpose, to make a profit,” said Eduardo A. Chávez, Special Agent in Charge of the DEA Dallas Division, which covers Oklahoma. “The DEA will never stop seeking justice for those who prey on others’ addictions.”
This case is in federal court because Ellis is a member of the Choctaw Nation, and Payne is a member of the Chickasaw Nation, and the crimes occurred within the boundaries of the Chickasaw Nation.
At sentencing, each defendant faces up to 20 years in federal prison, and a fine of up to $1,000,000.
This case is the result of an investigation by the Drug Enforcement Administration and the Grady County Sheriff’s Office, in collaboration with the Chickasaw Nation Office of Tribal Justice Administration. Special Assistant U. S. Attorney Kaleigh Blackwell and Assistant U. S. Attorney Elizabeth Joynes are prosecuting the case.
Reference is made to public filings for additional information.
Former Woodson Terrace Police Officer Admits Civil Rights ViolationRead the Press Release
ST. LOUIS – A former police officer in Woodson Terrace, Missouri on Thursday admitted kicking a man who was on the ground and being held at gunpoint by another officer.
David W. Maas, 57, pleaded guilty in front of U.S. District Judge Henry E. Autrey to a charge of deprivation of rights under color of law, namely the victim’s right to be free from the use of unreasonable force.
Maas admitted that on April 14, 2019, he and officers from other agencies were pursuing a car stolen in an armed robbery in Bridgeton. The officers were told that a weapon had been implied but not displayed by the robber. Maas was on-duty and in full police uniform and in a marked police vehicle.
That pursuit traveled through St. Ann, Breckenridge Hills, St. John, unincorporated north St. Louis County, Bel-Nor, Greendale and Pagedale before terminating on Oak Grove Avenue in Wellston. The robber got out of the passenger side of the stolen car on Oak Grove Avenue and ran away. He was later caught.
The driver, referred to in court only by his initials, “I.F.,” turned back onto Dr. Martin Luther King Drive and struck a St. Ann police vehicle. A Pagedale officer immediately ran up to the passenger side of the car and ordered I.F. at gunpoint to get out of the car with his hands in the air and to get on the ground.
While I.F. was on the ground, Maas ran up to him, stepped over him and then kicked him in the forehead, causing swelling and pain.
The charge carries a penalty of up to 10 years in prison, a $250,000 fine, or both. Maas is scheduled to be sentenced January 23, 2024.
The FBI investigated the case. Assistant U.S. Attorney Christine Krug is prosecuting the case.
Former Utah HOA Treasurer Admits to Stealing over $230,000Read the Press Release
ST. GEORGE, Utah – A Washington County resident pleaded guilty today to wire fraud and making a false statement on a tax return after she abused her Homeowners Association (HOA) position of power to divert thousands of dollars to her personal account. She then underreported her personal income to the Internal Revenue Service (IRS).
According to court documents, Sharon Lee Ann Gordon, 66, of Hurricane, Utah, embezzled approximately over $232,000 from four Lava Bluff HOA bank accounts between 2016 and March 2022. In execution of the scheme, Gordon diverted the funds electronically by transferring them directly to her personal account, writing checks to herself and her boyfriend and forging other board members’ signatures, depositing checks representing HOA member fees directly into her personal accounts, writing checks to casinos from HOA accounts, and withdrawing cash from HOA accounts. In April 2022, Gordon electronically filed a Form 1040 U.S. Individual Income Tax Return with the Internal Revenue Service that falsely stated her total income for 2021 was $13,502, when in fact she received at least $20,000 more. Additionally, in tax years 2017 through 2021, Gordon failed to report income derived from her scheme to defraud Lava Bluff HOA. As a result, Gordon was ordered by the court to pay $20,490 in restitution to the IRS for tax loss from unreported income between 2017 and 2021. Gordon is also ordered to pay the remaining $63,448.32 from the $232,078 in restitution to Lava Bluff HOA. To date, Gordon has paid the HOA $168,629.68 in restitution.
Gordon pleaded guilty to wire fraud and false statement on a tax return. She is scheduled to be sentenced at a later date in courtroom 2B at the St. George Courthouse before a U.S. District Court Judge in St. George, Utah.
U.S. Attorney Trina A. Higgins of the District of Utah made the announcement.The case is being investigated jointly by the Internal Revenue Service Criminal Investigation (IRS-CI) and the FBI Salt Lake City Field Office, St. George Resident Agency.
Assistant United States Attorney Stephen P. Dent of the District of Utah is prosecuting the case.
Former Top Executive of Investment Fund Admits $294 Million Securities Fraud ConspiracyRead the Press Release
TRENTON, N.J. – A former co-founder and top executive of an investment fund pleaded guilty today for conspiring to defraud dozens of victim investors out of $294 million in funds, U.S. Attorney Philip R. Sellinger announced.
John Hughes, 56, of Mahwah, New Jersey, pleaded guilty before U.S. District Court Judge Michael A. Shipp in Trenton federal court to an information charging him with one count of conspiracy to commit securities fraud.
U.S. Attorney Philip R. Sellinger“John Hughes admitted today that he orchestrated a complex and sophisticated scheme to bilk investors of their hard-earned money. Securities fraud enforcement is a top priority for this office. Investors need to be able to trust that the people who are handling their money are behaving honorably. The defendant broke that trust to enrich himself. He will now face just punishment for his crimes.”
“Hughes actively led clients to believe they were investing responsibly, putting their money into low-risk funds,” Richard Langham, Acting Special Agent in Charge of the FBI’s Philadelphia Division, said. “As these lies continued and the losses mounted, he engaged in a cover-up, trying to conceal the staggering fraud. Securities schemes like this can be simply devastating for the victim investors. That’s why the FBI is committed to bringing financial fraud to light and perpetrators like Hughes to justice.”
According to documents filed in this case and statements made in court:
Hughes co-founded Prophecy Asset Management LP (Prophecy) and worked as its chief operating officer and chief compliance officer. Prophecy solicited investments and operated funds that, at their peak, had over $360 million in assets under management. Prophecy’s other co-founder worked as its CEO and portfolio manager. From January 2015 to March 2020, Hughes conspired with his co-founder to falsely represent to investors that Prophecy employed a “first-loss” trading strategy that purportedly allocated investor money to a diverse array of traders, called sub-advisors, who were required to provide cash collateral in order to gain access to the investors’ pooled money and backstop any potential losses. Hughes and his co-founder also falsely represented to investors that if a sub-advisor began to experience trading losses that approached the amount of their required cash collateral, Prophecy would contact the sub-advisor to increase or replenish their collateral and, if necessary, suspend allocations and trading, or even terminate the sub-advisor if losses were substantial. These false claims induced victims to believe that Prophecy operated low-risk, transparent, and diversified funds.
In reality, over time, Hughes and his co-founder allocated most of the funds’ capital to a single, primary sub-advisor without requiring him to provide cash collateral to back potential losses. They also failed to suspend his allocations or trading, even though he sustained approximately $290 million in losses that far exceeded his cash collateral. Hughes and his co-founder fraudulently concealed this and other information from victim investors, causing the victims to believe their investments were far more secure than they actually were. Hughes, his co-founder, and the sub-advisor also actively covered up these spiraling losses and collateral deficiencies by using, among other things, bogus transactions and forged documents.
In turn, the sub-advisor helped Hughes and his co-founder conceal millions of dollars in losses they caused Prophecy’s funds through bad investments. They used fake documents and money that the sub-advisor provided to paper over and hide these bad investments from victim investors and Prophecy’s auditor.
The fraud ultimately resulted in trading losses that wiped out Prophecy’s funds and caused over $294 million in losses to the victims.
The conspiracy to commit securities fraud charge carries a maximum penalty of five years in prison and a $250,000 fine. Sentencing for Hughes is scheduled for March 21, 2024.
The U.S. Securities and Exchange Commission (SEC) also filed a civil complaint against Hughes based on the same and additional conduct.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Acting Special Agent in Charge Richard J. Langham, Philadelphia Division, with the investigation leading to today’s plea. He also expressed appreciation for the Securities and Exchange Commission, under the direction of Gurbir S. Grewal, Director, Division of Enforcement.
The government is represented by Assistant U.S. Attorney Blake Coppotelli of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
hughes.information.pdfFormer Stockbroker Sentenced to More Than Five Years in Prison for Penny-Stock Securities Fraud SchemeRead the Press Release
BOSTON – A California man was sentenced yesterday in federal court in Boston for his involvement as the principal stock trader in a sophisticated securities fraud scheme that generated tens of millions of dollars in illicit profits.
Joseph A. Padilla, 54, of Carlsbad, Calif. and Cabo San Lucas, Mexico, was sentenced by U.S. District Court Judge Richard G. Stearns to 66 months in prison and one year of supervised release. He was also ordered to forfeit $3 million and pay restitution in an amount to be determined at a later date. On Aug. 17, 2023, Padilla pleaded guilty to one count of conspiracy to commit securities fraud, two counts of securities fraud and one count of attempting to cause the production of an identification document without lawful authority. Padilla was charged in March 2023 along with an alleged co-conspirator.
Padilla is a former stockbroker who was barred from the securities industry in 2012 by the U.S. Securities and Exchange Commission (SEC). Between 2020 and 2022, Padilla conspired with others to commit securities fraud by facilitating and participating in market manipulation schemes involving the concealed-control of the shares of penny-stock companies.
Specifically, between in or about January and July 2021, Padilla participated in a market manipulation scheme involving the shares of Oncology Pharma, Inc., a thinly traded company that traded on the over-the-counter securities market under the ticker symbol ONPH. As part of the scheme, a co-conspirator allegedly caused nearly all of ONPH’s free-trading shares to be transferred to multiple brokerage accounts for the benefit of Padilla’s clients at the Cayman Islands broker Valor Capital, with which Padilla had a close, unofficial association. Padilla then engaged in manipulative trading in ONPH designed, at least in part, to artificially drive up the company’s stock price. Padilla then began dumping the ONPH shares, which were under common control, to unsuspecting investors in Massachusetts and throughout the United States during a promotional campaign, generating illicit proceeds in the tens of millions of dollars.
Additionally, between February 2021 and April 2021, Padilla participated in a similar scheme involving the shares of Charlestowne Premium Beverages Inc., a thinly traded company that traded on the over-the-counter market under the ticker symbol FPWM. As part of the scheme, Padilla orchestrated an effort designed, at least in part, to artificially increase Charlestowne’s stock price. He then facilitated the sale of millions of Charlestowne’s shares during a promotional campaign to unsuspecting investors in Massachusetts and throughout the United States, generating illicit proceeds in the millions of dollars.
Padilla was arrested on a criminal complaint in August 2022 and released on pre-trial conditions, which included surrendering his passport and not obtaining another passport. While on pre-trial release, Padilla attempted to acquire a fraudulent Ukrainian passport so that he could flee prosecution. Padilla was arrested in January 2023 for violating his terms of release and his pre-trial release was revoked.
If you traded in ONPH and/or FPWM during the time periods indicated above and believe that you may be potential victims of this fraud, please visit: https://www.justice.gov/usao-ma/victim-and-witness-assistance-program/united-states-v-padilla-et-al.
Acting United States Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant United States Attorneys James R. Drabick and Ian J. Stearns of the Securities, Financial & Cyber Fraud Unit prosecuted the case.The details contained in the charging document are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Soldier Charged with Threatening to Kill Military Personnel at Fort Irwin Army Base in San Bernardino CountyRead the Press Release
LOS ANGELES – A Northern California man has been charged with a felony offense for allegedly posting online videos of himself threatening to kill multiple military personnel at the Fort Irwin army base in San Bernardino County, the Justice Department announced today.
Christian Ernest Beyer, 41, of Petaluma, has been charged with interstate threats, a crime that carries a statutory maximum sentence of five years in federal prison.
Beyer, an army veteran formerly stationed at Fort Irwin and who was court martialed in 2021 for assault, was arrested Wednesday at his father’s Sonoma County residence. A federal magistrate judge in San Francisco today ordered Beyer jailed without bond. Beyer is expected to be arraigned in the Central District of California in the coming weeks.
According to an affidavit filed with the complaint on Wednesday, on October 30, Beyer posted a YouTube video – using an account in his own name – in which he threatened to kill specific military personnel at Fort Irwin.
In one of the YouTube videos posted on October 30, Beyer allegedly said, “I had a great…life and I will…die for what I believe in. If you come to…get me and you have a …uniform on, you’re a[n]…enemy and I will not look at you as anything else. I will…fight you ‘til I take you down.”
On October 30, Beyer allegedly got into an altercation in Mendocino County with a group of elderly individuals after leaving his car in a neighborhood in which he did not live. Beyer allegedly brandished a knife at one of the elderly people, got in his car, drove away, then turned around and sped towards the group, driving his vehicle approximately 13 feet off the street at them. Beyer then sped away and drove to a parking lot, where local law enforcement confronted him, according to the affidavit. He allegedly got out of his car and fled, leading to a manhunt that ended with his arrest.
A criminal complaint contains allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI is investigating this matter as part of its Los Angeles Joint Terrorism Task Force.
Assistant United States Attorney Daniel H. Weiner of the General Crimes Section is prosecuting this case.
Former Memphis Police Officer Pleads Guilty to Federal Civil Rights and Conspiracy Charges in Connection with Death of Tyre NicholsRead the Press Release
One of five former Memphis Police Department officers facing federal charges in the tragic killing of Tyre Nichols pled guilty in federal court today.
Desmond Mills Jr., 33, appeared before U.S. District Court Judge Mark S. Norris today and pled guilty to civil rights and conspiracy charges arising out of the Jan. 7 incident.
On Sept. 12, a federal grand jury returned a four-count indictment against Mills and co-defendants Emmitt Martin III, 31; Tadarrius Bean, 24; Demetrius Haley, 30; and Justin Smith, 28. The charges included using excessive force resulting in the death of Nichols; aiding and abetting each other in using that excessive force; failing to intervene to stop the excessive force; failing to render medical aid; and conspiring or taking action to cover up their misconduct.
The remaining four defendants still face a federal trial scheduled for May 6, 2024.
In today’s court appearance, Mills pled guilty to counts one and three of the indictment. Count one charged Mills with using excessive force and failing to intervene in the unlawful assault. Count three charged Mills with conspiring to cover up his use of unlawful force by omitting material information and by providing false and misleading information to his supervisor and to others.
Mills admitted to additional facts that were presented in court in connection with his plea agreement:
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Mills admitted to repeatedly and unjustifiably striking Nichols with a baton and to failing to intervene in other officers’ use of force against Nichols. Mills said he watched another officer repeatedly punch Nichols in the head while two other officers restrained Nichols.
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Mills admitted that he did not provide any medical aid to Nichols after the beating, though he knew that Nichols had a serious medical need. He did not alert MPD or Memphis Fire Department EMTs that Nichols had been struck in the head and body.
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In addition, Mills participated in conversations with other officers in which they discussed, using force against Nichols, hitting Nichols to make him fall, and believing they were on the verge of killing Nichols when they saw that Nichols did not fall from the blows.
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Mills admitted to making false statements in connection with the arrest of Nichols, including telling his supervisor that they had done “everything by the book” and providing false information in his statements to an MPD detective tasked with writing the incident report.
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Finally, Mills submitted an MPD report that provided a false account of the force used on Nichols, including a claim that Mills saw Nichols “aggressively resisting” officers. Instead of admitting that he had seen an officer repeatedly punch Nichols in the head while Nichols was restrained by two other officers, Mills reported only that “Nichols was eventually put into custody.”
Pursuant to the terms of Mills’s plea agreement, the government will recommend a sentence of no more than 15 years in prison. There is no parole in the federal system.
The four remaining defendants face federal charges as set forth in the indictment, which is merely a formal accusation of criminal conduct. The defendants are presumed innocent unless and until they are proven guilty beyond a reasonable doubt in a court of law.
Attorney General Merrick B. Garland, FBI Director Christopher Wray, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, and U.S. Attorney Kevin Ritz for the Western District of Tennessee made the announcement.
The FBI Memphis Field Office investigated this case.
Assistant U.S. Attorneys David Pritchard and Elizabeth Rogers for the Western District of Tennessee and Special Litigation Counsel Kathryn E. Gilbert and Deputy Chief Forrest Christian of the Justice Department’s Civil Rights Division are prosecuting the case.
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Former Memphis Police Officer Pleads Guilty to Federal Civil Rights and Conspiracy Charges in Connection with Death of Tyre NicholsRead the Press Release
MEMPHIS – One of five former Memphis Police Department officers facing federal charges in the tragic killing of Tyre Nichols pled guilty in federal court today.
Desmond Mills, Jr., 33, appeared before U.S. District Court Judge Mark S. Norris today and pled guilty to civil rights and conspiracy charges arising out of the January 7 incident.
On September 12, a federal grand jury returned a four-count indictment against Mills and co-defendants Emmitt Martin III, 31; Tadarrius Bean, 24; Demetrius Haley, 30; and Justin Smith, 28. The charges included using excessive force resulting in the death of Nichols; aiding and abetting each other in using that excessive force; failing to intervene to stop the excessive force; failing to render medical aid; and conspiring or taking action to cover up their misconduct.
The remaining four defendants still face a federal trial scheduled for May 6, 2024.
In today’s court appearance, Mills pled guilty to counts one and three of the indictment. Count one charged Mills with using excessive force and failing to intervene in the unlawful assault. Count three charged Mills with conspiring to cover up his use of unlawful force by omitting material information and by providing false and misleading information to his supervisor and to others.
Mills admitted to additional facts that were presented in court in connection with his plea agreement:
- Mills admitted to repeatedly and unjustifiably striking Nichols with a baton and to failing to intervene in other officers’ use of force against Nichols. Mills said he watched another officer repeatedly punch Nichols in the head while two other officers restrained Nichols.
- Mills admitted that he did not provide any medical aid to Nichols after the beating, though he knew that Nichols had a serious medical need. He did not alert MPD or Memphis Fire Department EMTs that Nichols had been struck in the head and body.
- In addition, Mills participated in conversations with other officers in which they discussed, using force against Nichols, hitting Nichols to make him fall, and believing they were on the verge of killing Nichols when they saw that Nichols did not fall from the blows.
- Mills admitted to making false statements in connection with the arrest of Nichols, including telling his supervisor that they had done “everything by the book” and providing false information in his statements to an MPD detective tasked with writing the incident report.
- Finally, Mills submitted an MPD report that provided a false account of the force used on Nichols, including a claim that Mills saw Nichols “aggressively resisting” officers. Instead of admitting that he had seen an officer repeatedly punch Nichols in the head while Nichols was restrained by two other officers, Mills reported only that “Nichols was eventually put into custody.”
Pursuant to the terms of Mills’s plea agreement, the government will recommend a maximum penalty of fifteen years in prison.
The four remaining defendants face federal charges as set forth in the indictment, which is merely a formal accusation of criminal conduct. The defendants are presumed innocent unless and until they are proven guilty beyond a reasonable doubt in a court of law.
Attorney General Merrick B. Garland, FBI Director Christopher Wray, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, and U.S. Attorney Kevin Ritz for the Western District of Tennessee made the announcement.
The FBI Memphis Field Office investigated this case.
Assistant U.S. Attorneys David Pritchard and Elizabeth Rogers, Special Litigation Counsel Kathryn E. Gilbert, and Deputy Chief Forrest Christian of the Justice Department’s Civil Rights Division are prosecuting the case.
Former King County Jail guard and five others indicted for bribery scheme that brought meth and fentanyl into Seattle jailRead the Press Release
Seattle – A former King County Jail guard, two Department of Corrections inmates, and three co-conspirators were indicted by a federal grand jury for five federal felonies including bribery, drug possession with intent to distribute, and conspiracy. Those arrested today will appear in U.S. District Court in Seattle at 2:00 this afternoon.
“Fentanyl and meth are horribly destructive in our community, and our correctional institutions are not immune. The challenge of keeping inmates safe is made much more difficult when correctional staff betray their positions of trust and authority,” said Acting U.S. Attorney Tessa M. Gorman. “I credit King County law enforcement officials with working quickly and cooperatively with the FBI to identify those allegedly involved in this bribery and drug smuggling conspiracy.”
According to the indictment, former King County Jail Guard Mosses Ramos, 39, of Milton, Washington, worked as a correctional officer for 17 years - from June 2006 until he was fired in September 2023. According to the indictment, between March and May 2023, Ramos accepted bribes to bring methamphetamine and fentanyl into the jail for the benefit of inmates Michael Anthony Barquet, 37, and Francisco Montero, 25. Both men are currently incarcerated.
The web of bribes and drug trafficking extended outside the jail with coconspirators who are associates of the two inmates: Neca Silvestre, 38, of Kent; Katrina Cazares, 38, of Burien; and Kayara Zepeda Montero, 27, of Seattle.
“Impact in our community is built on the foundation of partnership and trust,” said Richard A. Collodi, Special Agent in Charge of FBI Seattle. “We are grateful for the exceptional collaboration with the King County Jail, King County Sheriff’s Office, King County Prosecutor’s Office, and the U.S. Attorney's Office for their shared commitment to holding public servants who violate trust accountable and for steadfast efforts to keep drugs out of our correctional facilities. Our partners identified the actions of an employee and brought the case to our attention which resulted in a successful joint investigation. This demonstrates the commitment by public safety professionals to hold those who violate this trust to the highest standards.”
Each of the defendants is charged with four counts in the five-count indictment. Ramos is charged with soliciting and accepting a bribe. The other defendants are charged with bribery for paying the bribes. All are charged with conspiracy to engage in bribery, conspiracy to distribute controlled substances, and possession of controlled substances with intent to distribute.
ramos_et_al_indictment.pdfFor Ramos, Barquet, and Montero, the charges carry mandatory minimum sentences if convicted of ten years in prison and up to life in prison. The other defendants face up to 20 years in prison if convicted.
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case was investigated by the FBI, the King County Sheriff’s Office, and the King County Prosecuting Attorney’s Office.
The case is being prosecuted by Assistant United States Attorneys Cindy Chang and Vince Lombardi.
Former Jackson Lawyer and Former Jackson Lobbyist Sentenced for Conspiracy to Defraud InvestorsRead the Press Release
Jackson, Miss. – A former Jackson lawyer and a former Jackson lobbyist were sentenced for conspiracy to defraud investors in a timber deed investment scheme.
On October 31, 2023, former lawyer Jon D. Seawright, 51, of Jackson was sentenced to serve twelve months and one day in prison, followed by two years of supervised release. Former lobbyist Ted Brent Alexander, 58, of Jackson was sentenced to serve five years of probation, which includes two years of home confinement with electronic monitoring. Seawright and Alexander were ordered to pay restitution joint and severally in the amount of $977,044.53. On separate dates, Alexander and Seawright entered guilty pleas to conspiracy to commit wire fraud.
Alexander and Seawright conspired in a scheme to defraud investors by soliciting millions of dollars under false pretenses and by failing to use investor funds as promised. They represented to investors that they were in the business of loaning funds to a “timber broker” to buy timber rights from landowners and then to sell the timber rights to lumber mills at a higher price. Alexander and Seawright promised investors a return of 10% or more over twelve or thirteen months on each unit of invested capital. They led their investors to believe that they were inspecting each tract of land and were vetting each document, deed, and contract in support of their investments, causing investors to believe that their investments were secured by valid assets and that the financial incentives and interests of Alexander and Seawright aligned with those of the investors. In fact, Alexander and Seawright failed to inspect each property related to the timber rights underlying each investment, and they failed to verify each executed lumber mill agreement related to each investment. They made few or no such inquiries, and if they had made such inquiries, they would have discovered that the timber deeds, lumber mill agreements, and related documents had been falsified and were not valid.
Alexander and Seawright also represented to their investors that Alexander and Seawright would only profit from each series of the investment if it performed as promised to the investors. This gave the investors the misleading impression that their interests were fully aligned with those of Alexander and Seawright. In fact, in addition to receiving a predetermined percentage of return on the investors’ funds, Alexander and Seawright also received undisclosed payments of approximately 3% for recruiting investments to the timber investment scheme immediately upon transferring the investment funds to the purported timber broker. They did not disclose to the investors: (a) the fact of these payments, (b) the amount of the payments in relation to the investments made, or (c) the timing of the undisclosed payments to Alexander and Seawright before any repayment was made to the investors.
U.S. Attorney Todd W. Gee and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation made the announcement.
The case was investigated by the Federal Bureau of Investigation.
The case was prosecuted by Deputy Criminal Chief Dave Fulcher and former Assistant United States Attorney Andrew Eichner.
Former Employee of Care Facility Sentenced for Criminal Negligence of a Vulnerable AdultRead the Press Release
WASHINGTON – Kelly Barry, 25, of Upper Marlboro, Maryland, was sentenced today in Superior Court for one count of criminal negligence of a vulnerable adult, announced U.S. Attorney Matthew M. Graves for the District of Columbia, and Daniel W. Lucas, Inspector General for the District of Columbia, made the announcement.
Superior Court Judge Heidi Pasichow accepted Barry’s guilty plea today and ordered 180 days in jail, with a portion of that time suspended, 14 months of supervised probation, 90 hours of community service, and ordered that Barry be prohibited from working with anyone who cannot care for themselves.
According to court documents, Barry, was a former Direct Support Professional for Community Options, Inc., a residential facility for persons with disabilities, located in Rockville, Maryland. Barry’s job duties included taking individuals on outings in the local community, such as bowling, etc. for approximately three to four hours a day, five times per week. Between June and October 2022, Barry provided care to a vulnerable adult, who is non-verbal, autistic, and unable to care for himself. Instead of going to various community outings, Barry used the Community Options van to make food deliveries with the vulnerable adult.
On October 19, 2022, Barry utilized the Community Options van to pick up the vulnerable adult. That day, Barry drove to Washington, D.C., and made a total of five food deliveries. While making the final delivery, Barry exited the vehicle and left the vulnerable adult unattended. After the delivery was completed, Barry observed a masked individual steal the vehicle while the vulnerable adult was still inside the van. During his initial call to 911, Barry failed to mention that the vulnerable adult was in the stolen vehicle and subsequently failed to notify the D.C. Metropolitan Police Department officer who arrived on scene of the same. After, Barry informed his employer that he did not notify police that the vulnerable adult was still in the vehicle, and the company advised him to provide that information to the authorities. However, Barry did not provide this information during his subsequent notification. Approximately three and a half hours after the theft of the van, the vulnerable adult was found by the Prince George’s County Police Department, barefoot and wandering in the middle of traffic on the I-495 Capital Beltway. The Prince George’s County Police Department transported the vulnerable adult to a local hospital for treatment.
This prosecution is indicative of the continued collaboration between the U.S. Attorney’s Office and the D.C. Office of the Inspector General (D.C. OIG) to protect vulnerable adults. The D.C. OIG operates the District’s Medicaid Fraud Control Unit (MFCU), which is statutorily responsible for investigating and prosecuting District Medicaid provider fraud as well as abuse or neglect of residents in health care facilities and board and care facilities and of beneficiaries in noninstitutional or other settings. The government urges the public to provide tips and assistance to stop health care fraud and abuse, neglect, or exploitation of vulnerable adults. If you have information about individuals committing these types of offenses, please call the D.C. Office of the Inspector General at 202-724-TIPS [202-724-8477].
In announcing the guilty plea, U.S. Attorney Graves, and Inspector General Lucas commended the work of those who investigated the case from the D.C. OIG MFCU. They also acknowledged the efforts of both the D.C. Metropolitan Police Department and Prince George’s County Police Department for their initial response. They commended the work of Special Assistant United States Attorney Jason Facci, on detail from the D.C. OIG, who prosecuted the case.
Former Crack Dealer Sent Back to Federal Prison for Derecho FraudRead the Press Release
A former crack dealer who received approximately $1,900 in Federal Emergency Management Agency (FEMA) benefits after falsely claiming to have suffered damage in the 2020 derecho storm in Cedar Rapids was sentenced on November 1, 2023, to 90 days in federal prison.
Melvin McKinney, age 41, from Cedar Rapids, received the prison term after a June 15, 2023, guilty plea to one count of theft of government funds. In a plea agreement, and at the sentencing hearing, McKinney admitted that he stole $1,902.62 in FEMA benefits, specifically personal property and rental assistance. McKinney spent the stolen funds at gas stations, restaurants, and Victoria’s Secret.
In August 2020, the derecho swept through the Northern District of Iowa. The derecho caused an estimated $7.5 billion in damage within the State of Iowa and other affected states. The Northern District of Iowa, including the City of Cedar Rapids, was particularly hard-hit from the derecho, with estimated 100‑130 mph straight-line winds.
FEMA declared Disaster No. 4557 for the State of Iowa on August 17, 2020. Derecho victims could apply to FEMA for disaster relief assistance to help meet repair and replacement expenses not otherwise covered by private insurance.
In September 2020, McKinney received the FEMA funds after a false and fraudulent application for derecho benefits was filed in his name. Specifically, the application falsely stated that (1) McKinney was living in an apartment in Cedar Rapids at the time of the derecho, and (2) McKinney suffered both home and personal property damage from the derecho. In conjunction with the application, McKinney provided FEMA with the name of a fictitious landlord, “Willie Davis,” and McKinney pretended to be the same individual when FEMA attempted to verify that McKinney was entitled to derecho benefits. McKinney also lied to a FEMA investigator on the telephone, falsely stating that (1) his apartment building had lost almost half of its shingles, (2) the building’s central air conditioning units were blown over and damaged, (3) the windows to his apartment were blown out, (4) there was drywall and ceiling damage in his apartment, and (5) McKinney’s personal furnishings were damaged. All of these representations and statements were false: McKinney was not even a tenant of the apartment building, which suffered no significant damage in the derecho. When confronted by law enforcement agents, McKinney initialed lied about the theft but eventually confessed.
McKinney has a serious criminal history. In 2006, McKinney was convicted of multiple crack cocaine conspiracy and distribution charges in the United States District Court for the Southern District of Iowa and sentenced to 78 months’ imprisonment. In 2015, after his release from federal prison, McKinney was convicted of domestic abuse.
McKinney was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. McKinney was sentenced to 90 days’ imprisonment. He was ordered to make $1,902.62 in restitution to FEMA. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
McKinney was released on the bond previously set and is to surrender to the United States Marshal on December 4, 2023, at 10 a.m.
The case was prosecuted by Assistant United States Attorney Timothy L. Vavricek and investigated by the United States Department of Homeland Security, Office of Inspector General.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-CR-38-CJW-MAR.
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Former Corrections Officer Is Sentenced to 17 Years for Traveling from Tennessee to North Carolina to Engage in Sexual Activity with A MinorRead the Press Release
ASHEVILLE, N.C. – John Allen Biggins, 42, of Surgoinsville, Tennessee, was sentenced today to 17 years in prison followed by a lifetime of supervised release, for traveling to Western North Carolina to engage in illicit sex acts with a minor, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. U.S. District Judge Martin Reidinger also ordered Biggins to register as a sex offender after he is released from prison.
Ronnie Martinez, Special Agent in Charge of Homeland Security Investigations (HSI) in North Carolina and South Carolina, and Jeff Cassidy, Sheriff of the Sullivan County Sheriff's office in Tennessee, join U.S. Attorney King in making today's announcement.
"As a sworn officer of the law, Biggins compromised public trust and violated federal statutes," said U.S. Attorney King. "Protecting our children from harm is one of our highest priorities, and identifying and prosecuting predators like Biggins is at the forefront of our efforts to combat child sexual exploitation. I commend Homeland Security Investigations and the Sullivan County Sheriff's Office for taking swift action. Thanks to their work and coordination, children are safe from this dangerous predator."
“Thankfully, Biggins’ plan to exploit a child was thwarted and he will be held accountable for his heinous crime. Additionally, he also stole the public’s trust when he betrayed his oath to protect the community and enforce the law,” said Special Agent in Charge Martinez. “Finding and arresting predators involved in victimizing and exploiting children is one of HSI’s highest priorities and we are committed to working with our law enforcement partners to use all available resources to protect our communities.”
“I’m thankful for the work of Homeland Security Investigations agents who identified this predator and took immediate action,” said Sheriff Cassidy. “I hope this case sends a very clear message that no matter where you work or what title you hold, we have no tolerance for those seeking to sexually exploit and abuse children.”
According to filed court documents and today’s sentencing hearing, beginning in June 2022, Biggins communicated with undercover agents expressing interest in engaging in illicit sexual acts with a minor female child. On July 8, 2022, Biggins traveled from his home in Surgoinsville to the Western District of North Carolina for the purposes of engaging in sexual acts with a female toddler and was subsequently arrested. When law enforcement arrested Biggins, he was found to be in possession of child pornography images and videos as well as a personally owned Glock 17 9mm semi-automatic pistol and other police equipment. At the time of the offense, Biggins was employed in a position of public trust as a corrections officer at the Sullivan County Sheriff’s Office. Upon notification of the offense, Sheriff Cassidy immediately terminated Biggins from the Sullivan County Sheriff’s Office.
On February 27, 2023, Biggins pleaded guilty to traveling in interstate commerce to engage in illicit sexual conduct with a minor.
U.S. Attorney King credited HSI with the investigation leading to today’s sentence.
Assistant U.S. Attorney Alexis Solheim with the U.S. Attorney’s Office in Asheville prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Former Barksdale Air Force Base Civilian Employee Sentenced on Child Pornography ChargesRead the Press Release
SHREVEPORT, La. – Christopher Allen-Shinn, 44, of Shreveport, Louisiana, has been sentenced on child pornography charges, announced United States Attorney Brandon B. Brown. Allen-Shinn was sentenced by United States District Judge Elizabeth E. Foote to 210 months (17 years, 6 months) in prison, followed by 5 years of supervised release.
Allen-Shinn pleaded guilty on March 30, 2022, to a Bill of Information charging him with one count of receipt of child pornography. This charge was the result of an investigation by the Office of Special Investigations (“OSI”) of Barksdale Air Force Base (“BAFB”) into several cyber-tip reports received from the National Center for Missing and Exploited Children (“NCMEC”) in April 2021. These NCMEC reports indicated that a Dropbox account registered to a BAFB resident was being used to store child pornography on a cloud account. Investigators with the Louisiana State Attorney General’s Office and OSI reviewed 37 of the images forwarded by NCMEC and confirmed that the images contained child pornography. OSI confirmed that the internet service account that was used for the Dropbox account was registered to Christopher Allen-Shinn’s residence on BAFB. He was a civilian employed as a historian at BAFB.
A search warrant was executed at Allen-Shinn’s residence on April 16, 2021. During the search, OSI agents conducted an examination of some of Allen-Shinn’s computer devices and storage media. Agents identified multiple images of child pornography. Further examination of his computer revealed that the defendant received images of child pornography from December 2020 to April 2021. These images included sexually explicit images that the defendant solicited online from minor females in exchange for money. During this time period, Allen-Shinn resided at and was a full-time civilian employee at BAFB. Allen-Shinn admitted to downloading the child pornography and to soliciting underage females online for sexually explicit images in exchange for money.
The case was investigated by Barksdale Air Force Base’s Office of Special Investigations and Louisiana State Attorney General’s Office and prosecuted by Assistant United States Attorney Earl M. Campbell.
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Florida Man Sentenced to 10 Years in Prison for Impersonating Federal Officers in Nationwide Elder Fraud SchemeRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that CHRISTOPHER L. KEEL, age 53, of Tampa, Florida, was sentenced today to 125 months in prison by United States District Judge Ivan L.R. Lemelle. KEEL was sentenced for his role in a nationwide elder fraud scheme in which KEEL, and his co-conspirators, falsely represented themselves to be U.S. Department of Treasury agents, in order to defraud victims of their savings.
According to court documents, KEEL was arrested on April 4, 2022, by Tangipahoa Parish Sheriff’s Office deputies in Hammond, Louisiana, while attempting to defraud a 77-year-old woman identified as “Victim A.” Deputies had received an earlier report from the victim’s son, that his mother had been contacted by people posing as U.S. Department of Treasury agents. These “agents” told Victim A that she should withdraw money from her bank accounts and send it to them for safekeeping because her accounts had been allegedly implicated in fraud or money laundering. Beginning in early March 2022, Victim A transferred approximately $60,000 via Green Dot cards to the “agents.” The “agents” also instructed Victim A to give an additional $60,000 to another “agent” on April 3rd. Victim A complied and handed over this sum to the “agent”, later identified as KEEL, at a mall in Hammond. The next day, the perpetrators called Victim A and instructed her to withdraw the remaining funds from her accounts and hand them over as well. Victim A’s bank contacted her son, who then called the police.
While deputies met with Victim A on April 4th, the “agents” called her again and gave her instructions to hand over the rest of her money. Deputies arranged a sting operation and arrested KEEL after he approached Victim A in the mall parking lot. Victim A identified KEEL as the same man she met with the prior day. Deputies seized a cell phone and hotel receipts from KEEL.
Agents with Homeland Security Investigations (HSI) continued the investigation and learned that KEEL and a co-conspirator, had traveled to New Orleans from Seattle within the past 48 hours using plane tickets purchased with the same credit card. HSI Agents identified another victim (“Victim B”), a 76-year-old woman, who had been defrauded out of $300,000. A search of KEEL’S phone showed that he sent a photograph of a box with Victim B’s name and address on it. Victim B said she used this box to deliver her money to the “agent” she met with in Tukwila, Washington.
HSI Agents also identified another victim (“Victim C”), an 80-year-old woman living in Bossier Parish, Louisiana. HSI Agents learned that Victim C had withdrawn $36,000 from her account because purported federal “agents” called and told her that her accounts had been compromised. However, prior to delivering the money, local police were contacted and waited at her home. Police observed a vehicle circle near Victim C’s house then depart. An officer recorded the vehicle’s license plate. Later, HSI Agents obtained rental records showing that the vehicle had been leased by a co-conspirator at the time of the attempted fraud.
The search of KEEL’S cell phone revealed his contacts with other co-conspirators, dating back to 2021, and his travel to other states, including Texas and Oklahoma, to further the conspiracy. HSI and Federal Bureau of Investigation Agents determined that, since October 2021, KEEL and his co-conspirators caused approximately $4,498,327 in losses, actual and attempted, to 31 victims located throughout the United States.
KEEL previously had pleaded guilty to both counts of the superseding indictment pending in this case. As to Count 1, conspiracy to commit wire fraud, Judge Lemelle sentenced KEEL to 125 months in prison and three years of supervised release. As to Count 2, false impersonation of an officer or employee of the United States, KEEL was sentenced to 36 months in prison and one year of supervised release, both terms to be served concurrently. KEEL was also ordered to pay $200 in mandatory special assessment fees. Judge Lemelle ordered that a restitution hearing be set on December 6, 2023.
Elder fraud complaints may be filed with the Federal Trade Commission at www.ftccomplaintassistant.gov or at 1-877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime at www.ovc.gov. Additional elder justice resources, training, and outreach materials can be found at the Elder Justice Website at www.elderjustice.gov.
If you need assistance or to report elder abuse, please contact your local adult protective services agency through the Eldercare Locator or by call the helpline at 1-800-677-1116 Monday – Friday 9am - 8pm EST. To report elder fraud, please visit the FBI’s IC3 Elder Fraud Complaint Center or contact the dedicated National Elder Fraud Hotline at 833–FRAUD–11 or 833–372–8311 Monday – Friday, 10:00 am – 6:00 pm EST.
U.S. Attorney Evans praised the work of the Homeland Security Investigations, New Orleans Field Office, in investigating this matter. U.S. Attorney Evans also thanked the Federal Bureau of Investigation (Detroit Field Office,) the U.S. Attorney’s Office for the Western District of Michigan, Homeland Security Investigations (Seattle Field Office,) the Tangipahoa Parish Sheriff’s Office, and the Bossier Parish Sheriff’s Office, for their assistance in this successful prosecution. Assistant U.S. Attorney Matthew R. Payne, Senior Litigation Counsel, is in charge of the prosecution.
Florida Laboratory Agrees to Pay over $1.1 Million to Settle Kickback AllegationsRead the Press Release
NEWARK, N.J. – A clinical laboratory located in Orlando, Florida, has agreed to pay more than $1.1 million to resolve kickback allegations, U.S. Attorney Philip R. Sellinger for the District of New Jersey and Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, announced today.
Genesis Reference Laboratories LLC (Genesis) has agreed to pay $1,195,845.82 to resolve False Claims Act allegations that its marketers paid illegal kickbacks to health care providers in violation of the Anti-Kickback Statute to induce the providers’ laboratory testing referrals. Genesis has agreed to cooperate with the Department of Justice’s investigations of, and litigation against, other participants in the alleged scheme.
U.S. Attorney Philip R. Sellinger“Kickbacks have no place in our healthcare system. Health care providers and clinical laboratories are on notice that benefits in exchange for referrals are improper and may violate the Anti-Kickback Statute. Our office is committed to holding responsible individuals and entities who commit and profit from health care fraud. We have pursued and will continue to pursue the laboratories who enter into unlawful financial arrangements that waste taxpayer dollars and improperly influence healthcare providers’ medical judgments by promising unjust financial enrichment.”
“The payment of kickbacks by laboratories or their representatives to induce laboratory test orders undermines the integrity of federal healthcare programs,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said. “We will pursue those who offer or receive kickbacks for patient referrals regardless of how those unlawful inducements are characterized or provided.”
“Certain violations of the Anti-Kickback Statute can induce medically unnecessary testing and influence physicians’ decision-making inappropriately,” Special Agent in Charge Naomi Gruchacz with the U.S. Department of Health and Human Services Office of Inspector General said. “Individuals and entities that participate in the federal healthcare system are required to obey the laws meant to preserve the integrity of program funds and the provision of appropriate, quality services to patients.”
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded healthcare programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlement announced today resolves allegations that from 2019 to 2021, Genesis paid marketing companies Corum Group LLC, Provisional Medical Consultants LLC, and RMC Medical LLC to arrange for and recommend that health care providers in Missouri and Texas order Genesis’ laboratory tests, and the marketing companies kicked back a portion of those payments to referring health care providers, in violation of the Anti-Kickback Statute. The health care providers allegedly were paid using purported management services organizations (MSOs), which attempted to disguise the kickbacks as investment returns but actually offered the payments to health care providers to induce laboratory testing referrals to Genesis. The settlement resolves allegations that, despite knowing of the MSO kickbacks to health care providers and receiving those providers’ subsequent patient referrals, Genesis nevertheless submitted to Medicare the claims for laboratory testing ordered by those providers, in violation of the False Claims Act.
The settlements were the result of a coordinated effort between the U.S. Attorney’s Office for the District of New Jersey and the Civil Division’s Commercial Litigation Branch, Fraud Section, with assistance from HHS-OIG.
The government is represented by Assistant U.S. Attorney Kruti Dharia of the U.S. Attorney’s Office, District of New Jersey, Opioid Abuse Prevention and Enforcement Unit, and Senior Trial Counsel Christopher Terranova in the Civil Division’s Commercial Litigation Branch (Fraud Section).
The government’s pursuit of these matters illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlements are allegations only, and there has been no determination of liability.
genesis.settlement.pdfFlorida Laboratory Agrees to Pay over $1.1 Million to Settle Kickback AllegationsRead the Press Release
Clinical laboratory Genesis Reference Laboratories LLC (Genesis), of Orlando, Florida, has agreed to pay $1,195,845 to resolve False Claims Act allegations that its marketers paid illegal kickbacks to healthcare providers in violation of the Anti-Kickback Statute to induce laboratory testing referrals. Genesis has agreed to cooperate with the Justice Department’s investigations of, and litigation against, other participants in the alleged scheme.
“The payment of kickbacks by laboratories or their representatives to induce laboratory test referrals undermines the integrity of federal healthcare programs,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will pursue those who offer or receive kickbacks for patient referrals regardless of how those unlawful inducements are characterized or provided.”
The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid and other federally funded healthcare programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlement announced today resolves allegations that from 2019 to 2021 Genesis paid marketing companies Corum Group LLC, Provisional Medical Consultants LLC and RMC Medical LLC to arrange for and recommend that healthcare providers in Missouri and Texas order Genesis’ laboratory tests, and the marketing companies kicked back a portion of those payments to referring healthcare providers, in violation of the Anti-Kickback Statute. The health care providers allegedly were paid using purported management services organizations (MSOs), which attempted to disguise the kickbacks as investment returns but actually offered the payments to health care providers to induce laboratory testing referrals to Genesis. The settlement resolves allegations that, despite knowing of the MSO kickbacks to health care providers and receiving those providers’ subsequent patient referrals, Genesis nevertheless submitted to Medicare the claims for laboratory testing ordered by those providers, in violation of the False Claims Act.
“Kickbacks have no place in our healthcare system,” said U.S. Attorney Philip Sellinger for the District of New Jersey. “Health care providers and clinical laboratories are on notice that benefits in exchange for referrals are improper and may violate the Anti-Kickback Statute. Our office is committed to holding responsible individuals and entities who commit and profit from health care fraud. We have pursued and will continue to pursue the laboratories who enter into unlawful financial arrangements that waste taxpayer dollars and improperly influence healthcare providers’ medical judgments by promising unjust financial enrichment.”
“Violations of the Anti-Kickback Statute can induce medically unnecessary testing and influence physicians’ decision-making inappropriately,” said Special Agent in Charge Naomi Gruchacz for the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Individuals and entities that participate in the federal healthcare system are required to obey the laws meant to preserve the integrity of program funds and the provision of appropriate, quality services to patients.”
The settlement was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of New Jersey, with assistance from HHS-OIG. The settlement announced today was handled by Senior Trial Counsel Christopher Terranova in the Civil Division’s Commercial Litigation Branch (Fraud Section) and Assistant U.S. Attorney Kruti Dharia for the District of New Jersey. The United States has recovered over $36 million relating to conduct involving MSO kickbacks to health care providers, including False Claims Act settlements with 41 physicians, two laboratories, four medical practices, three healthcare executives and one office manager.
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to HHS at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlements are allegations only, and there has been no determination of liability.
SettlementFitchburg Man Indicted for Firearm OffenseRead the Press Release
BOSTON – A Fitchburg man has been indicted by a federal grand jury in Worcester for unlawfully possessing a firearm as a convicted felon.
Satron Pridgen, 45, was charged with being a felon in possession of a firearm and ammunition. He will appear in federal court in Worcester on Nov. 6, 2023 before U.S. District Court Magistrate Judge David H. Hennessy.
According to the charging documents, at approximately 1:30 a.m. on Sept. 16, 2023, Pridgen was in an altercation outside of Mill City Pub in Fitchburg. It is alleged that, during the altercation, Pridgen pulled out a loaded pistol which he used to beat another man in the head multiple times. When law enforcement intervened, Pridgen allegedly ran off and attempted to discard the firearm by a dumpster before being apprehended.
Pridgen is prohibited from possessing firearms and ammunition due to numerous prior convictions out of Worcester Superior Court including: a November 1999 conviction of assault and battery by means of a dangerous weapon for which he was sentenced to nine to 10 years in state prison; an October 2011 conviction of armed assault with intent to rob, assault and battery by means of a dangerous weapon causing serious bodily injury and possession of a firearm and ammunition as a career criminal for which he was sentenced to 12 years in state prison; and an October 2011 conviction of possession with intent to distribute a controlled substance and distribution of cocaine, for which he was sentenced to nine to 10 years in state prison.
The charge of being a felon in possession of a firearm provides for a sentence of up to 15 years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Division; and Fitchburg Police Chief Ernest F. Martineau made the announcement today. Assistant U.S. Attorney Kristen Noto of the Worcester Branch Office is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Fentanyl Dealer Is Sentenced in Federal CourtRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Kenneth D. Bell sentenced Antonio Morquett Phillips, 46, of Hickory, N.C., to seven years in prison followed by five years of supervised release for distribution of fentanyl, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Alicia Jones, Acting Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, Robert Schurmeier, Director of the North Carolina State Bureau of Investigation (SBI), and Chief Reed Baer of the Hickory Police Department join U.S. Attorney King in making today’s announcement.
According to court documents and today’s sentencing hearing, in February 2022, law enforcement initiated an investigation into Phillips for suspected distribution of fentanyl-based pressed pills. During the investigation, an ATF special agent acting in an undercover capacity conducted multiple controlled purchases of fentanyl-pressed pills from Phillips. On May 25, 2022, law enforcement executed a search warrant at Phillips’ residence. During the search, officers seized approximately 1,000 fentanyl pills, five firearms, and body armor.
On May 23, 2023, Phillips pleaded guilty to possession with intent to distribute fentanyl.
In making today’s announcement, U.S. Attorney King thanked the ATF, the SBI, and the Hickory Police Department for their investigation of this case.
Assistant U.S. Attorney Alfredo De La Rosa of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Fentanyl is a synthetic opioid that is 50 times more potent than heroin and remains the deadliest drug threat in the United States. According to the Drug Enforcement Administration’s (DEA) One Pill Can Kill public awareness campaign, the agency has seized a record 62 million fentanyl pills to date in 2023, which exceeds last year’s totals of 58 million pills. Laboratory testing indicates 7 out of 10 pills seized by DEA contain a lethal dose of fentanyl.
For information and resources related to substance use disorder, please call the Substance Abuse and Mental Health Services Administration helpline at 1-800-662-HELP (4357) or visit the online treatment locator.
Federal Jury Convicts Dual Resident Doctor of Tax EvasionRead the Press Release
United States Attorney Ronald C. Gathe, Jr., announced the conviction of Dr. Melissa Rose Barrett, age 49, of Baton Rouge, Louisiana, and Clive, Iowa, with tax evasion. Barrett was indicted by a federal grand jury on September 8, 2022.
After a seven-day trial before U.S. District Judge Brian A. Jackson, the jury unanimously convicted Barrett of one count of tax evasion. Barrett, a physician, owned and operated an urgent care clinic known as Stat Care Clinics, L.L.C. d/b/a Central Stat Care. As the evidence at trial demonstrated, for tax years 2007 through 2017, Barrett owed significant taxes totaling approximately $1.6 million, excluding interest and penalties. The IRS notified Dr. Barrett that she owed taxes multiple times and through various means.
Dr. Barrett undertook various steps to evade the payment of her outstanding tax liability, including preparing and filing with the IRS a false form underreporting income and inaccurately detailing her assets. Barrett also accumulated and concealed cash in a safe instead of depositing it in the bank. Finally, Barrett purchased millions of dollars of real estate and personal property in the names of nominees, including, but not limited to, a personal residence, a boat, an airplane, and thousands of acres of farmland and hunting land. The property purchased in the names of nominees totaled over $6.7 million.
As a result of the conviction, Dr. Barrett now faces a maximum penalty of five years in prison as well as a period of supervised release, restitution, and monetary penalties.
This case was investigated by the Internal Revenue Service, Criminal Investigations Unit and prosecuted by Assistant United States Attorneys Edward H. Warner and Elizabeth White, and Trial Attorney Wilson Stamm of the Department of Justice Tax Division.
Federal Contractor Sentenced for False ReportingRead the Press Release
An Abilene man and federal contractor with United States Probation and Pretrial Services Office (USPO) was sentenced today to 24 months in federal prison, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Jacob William Kinkade, 44, was charged via criminal information on June 20. He pleaded guilty to one count of false and fraudulent claims against the United States and was sentenced today to 24 months in prison by U.S. District Judge James Wesley Hendrix, who also ordered him to pay $5,392 in restitution and a $6,000 fine.
According to plea documents, the investigation began in March 2023 when the Federal Bureau of Investigation received information that Mr. Kinkade was billing for individual therapy sessions, group therapy sessions, telephonic therapy sessions, and urinalysis collections that didn’t take place.
The investigation revealed several text messages between Kinkade and an individual, Witness 1, who was on supervised release with USPO. Witness 1 was provided counseling services by Kinkade Family Services (KFS), which is owned and operated by Mr. Kinkade. When text messages were compared to supervision records, multiple anomalies were discovered for services rendered that Mr. Kinkade billed to USPO.
When interviewed, Mr. Kinkade admitted that for the last three years, starting in 2020, he did not follow USPO’s reporting requirements and billed USPO for services not provided. KFS contract with USPO accounted for 80% of all KFS revenue.
The Federal Bureau of Investigation, with assistance from the Taylor County Sheriff’s Office, conducted the investigation. Assistant U.S. Attorneys Matthew Tusing prosecuted the case.