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Friday 13 October 2023
Court Finds That Galveston County, Texas, Redistricting Plan Violates the Voting Rights ActRead the Press Release
The U.S. District Court for the Southern District of Texas ruled this morning that the redistricting plan used by the governing body of Galveston County, Texas, known as the Commissioners Court, violates Section 2 of the Voting Rights Act. The court held that the County’s plan denies Black and Latino voters an equal opportunity to participate in the political process and to elect a candidate of their choice.
“This decision demonstrates that the Justice Department is vigorously enforcing the Voting Rights Act in communities across the country,” said Attorney General Merrick B. Garland. “The court recognized that the Galveston County Commissioners Court redistricting plan deprived the county’s Black and Latino voters of an equal opportunity to participate in the political process and elect a candidate of their choice. The Justice Department will continue to stand up for the right of every eligible citizen to vote and to have that vote counted.”
“This ruling should send a clear message that all jurisdictions, whether at the state or local level, must comply with the Voting Rights Act,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Voting Rights Act stands as one of our most important civil rights laws that protects the ability of communities of color to participate in the political process and have an equal opportunity to elect candidates of choice. As the court made clear, this is not a typical redistricting case. Even though there was no need to do so, the commissioners court eliminated Black and Latino voters’ opportunity to have a voice on that body. As the district court correctly found, destroying the only district with a majority of Black and Latino residents is a blatant violation of the Voting Rights Act.”
“The right to vote is one of the fundamental rights in our democracy, a right guaranteed irrespective of race or ethnicity, said U.S. Attorney Alamdar Hamdani for the Southern District of Texas. “This decision protects the rights of Black and Latino voters in Galveston County and affords them an equal opportunity to have a voice on the Galveston County Commissioners’ Court consistent with federal law.”
The court held that the county’s plan prevents Black and Latino voters from electing a candidate of choice in any district. In particular, the court found that county eliminated an existing district where such an opportunity had existed for decades. The court observed that doing so was “mean-spirited” and “egregious” given that there was no reason to make major changes to the district as it had previously existed. The court concluded that the County’s elimination of that district extinguished the Black and Latino communities’ voice on its commissioners court. It does so even though these two groups comprise 38% of the total population in Galveston County.
Because candidate qualifying for Galveston County’s 2024 elections is fast approaching, the County has until Oct. 20 to enact a redistricting plan that contains at least one district that provides Black and Latino voters with an equal opportunity to elect a candidate of choice to the county governing body. If the county prefers not to submit a revised plan, the court has ordered it to implement a redistricting plan presented by the United States on or before Nov. 1.
The court’s ruling comes following a bench trial earlier this year that lasted from Aug. 7 through 18. The redistricting plan at issue in the case was adopted by the county on Nov. 12, 2021, after release of the data from the 2020 Census. The Justice Department filed its complaint against Galveston County in March 2022.
Complaints about discriminatory practices may be reported to the Civil Rights Division through its internet reporting portal at www.civilrights.justice.gov or by calling (800) 253-3931.
Additional information about the Civil Rights Division’s work to uphold and protect the voting rights of all Americans is available on the Justice Department’s website at www.justice.gov/crt/voting-section.
Connecticut Woman Sentenced to Prison for Concealing Knowledge of Massachusetts Man’s MurderRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that SHAMARI SMITH, also known as “Dakota,” 34, of Manchester, was sentenced today by U.S. District Judge Omar A. Williams in Hartford to 25 months of imprisonment, followed by one year of supervised release, for failing to report to law enforcement information she knew about the murder of a Massachusetts man in December 2020.
According to court documents and statements made in court, on December 24, 2020, Brandon Batiste and Calvin Roberson, also known as “Cutty,” kidnapped Francisco Roman, Jr., 28, at gunpoint from a residence in Chicopee, Massachusetts. Batiste and Roberson threatened to harm Roman if he did not comply with their orders, handcuffed him, and stole cash, marijuana, and other items from Roman. Batiste and Roberson forced Roman into the rear of Roman’s 2010 Acura ZDX, and transported Roman and the other stolen property to Connecticut. Batiste shot and killed Roman while the car was en route to Hartford. They then drove the car to Shultas Place in Hartford and left it parked on the street.
Batiste and Roberson then drove a separate car to an apartment that Roberson shared with Smith in Waterbury, and took most of the property stolen during the robbery, including a Gucci hat, earrings, a necklace with an “F” pendant, and a PlayStation 5, into the apartment. On December 26, 2020, Smith wore the hat, earrings, and necklace in a video on Snapchat. The following day, Smith received information that Roman’s family members had seen the Snapchat video, and that the items she wore belonged to Roman, who had been murdered. Instead of notifying law enforcement, Smith disposed of the items by selling them. In an interview with the FBI on February 11, 2021, Smith lied about what she knew about Roberson’s actions and her role in the disposal of the stolen property.
On June 5, 2023, Smith pleaded guilty to misprision of felony. Smith, who is released on a $150,000 bond, is required to report to prison on December 13.
Batiste and Roberson have each pleaded guilty to one count of conspiracy to commit kidnapping and one count of causing the death of a person through the use of a firearm. They are detained while awaiting sentencing.
This investigation is being conducted by the FBI’s Northern Connecticut Gang Task Force, FBI’s Springfield Gang Task Force, Massachusetts State Police, Hampden County (Mass.) District Attorney’s Office, Hartford Police Department’s Major Crimes Division, Chicopee Police Department and Springfield Police Department, with the assistance of the Waterbury Police Department and the FBI’s Atlanta Field Office.
This case is being prosecuted by Assistant U.S. Attorney Angel M. Krull.
U.S. Attorney Avery thanked the U.S. Attorney’s Office for the Middle District of Georgia and the U.S. Attorney’s Office for the District of Massachusetts for their assistance in this matter.
Concord Man Pleads Guilty to Child Exploitation OffensesRead the Press Release
CONCORD – A Concord man pleaded guilty in federal court in connection to the exploitation of a minor in New Jersey and possession of child sexual abuse material in Concord, U.S. Attorney Jane E. Young and U.S. Attorney Philip Sellinger announce.
Scott Wilkinson, age 38, pleaded guilty to one count of sexual exploitation of a minor and possession of child sexual abuse material. U.S. District Court Judge Joseph Laplante scheduled sentencing for January 22, 2024. Wilkinson was charged by complaint on November 14, 2022, and indicted December 5, 2022.
Wilkinson traveled from New Hampshire to New Jersey in April 2022, where he engaged in sexual acts with a 12-year-old child. Wilkinson had been corresponding with the child online for approximately one year prior to traveling to New Jersey to meet the child. A video that Wilkinson created of himself engaged in sexual acts with the child was found on his cell phone in Concord, as were other images and videos of child sexual abuse material.
Wilkinson faces a maximum penalty of 30 years in prison, up to lifetime supervised release, a fine of $250,000 and mandatory restitution. 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 Egg Harbor Township Police Department and the Federal Bureau of Investigation led the investigation. Valuable assistance was provided by the Concord Police Department. Assistant U.S. Attorney Kasey Weiland from the District of New Hampshire and Assistant U.S. Attorney Lindsey Harteis from the District of New Jersey are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
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Clackamas County Man Sentenced to 20 Years in Federal Prison for Sexually Exploiting and Extorting Three Canadian Children OnlineRead the Press Release
PORTLAND, Ore.—A Clackamas County, Oregon man was sentenced to 20 years in federal prison today for using social media to stalk three Canadian children online and coerce them into producing and sharing sexually explicit photos and videos of themselves.
Kevin Robert McCarty, 37, of Happy Valley, Oregon, was sentenced to 20 years in federal prison and a life term of supervised release.
According to court documents, in September 2021, Homeland Security Investigations (HSI) agents in Portland and Vancouver, Canada began investigating an individual later determined to be McCarty for exploiting young children online. Beginning in July 2020 and continuing until November 2021, McCarty, who went by the alias “Robbie MacKenzie” online, used various social media platforms, including Snapchat and Instagram, to coerce three Canadian children into producing and sending him sexually explicit photos and videos of themselves.
Once the children sent McCarty photos or videos, he demanded more. If the children refused, McCarty threatened to send the photos and videos he had already obtained to the minor victims’ friends and families, which he did on several occasions. On at least two occasions, McCarty told his victims they could either comply with his demands or commit suicide.
On November 16, 2021, McCarty was charged by criminal complaint with sexually exploiting children, distributing child pornography, cyberstalking, enticing a child online, and transferring obscene material to a minor. On November 18, 2021, HSI agents served a search warrant at the Happy Valley residence McCarty shared with his mother, sister, and sister’s family. After learning McCarty was visiting a cousin in Riverside, California, agents located and arrested McCarty in Riverside the same day.
On February 15, 2023, McCarty waived indictment and pleaded guilty to a felony information charging him with one count of enticing a minor online and two counts of sexually exploiting children.
This case was investigated by HSI with assistance from the Royal Canadian Mounted Police. It was prosecuted by Gary Y. Sussman, Assistant U.S. Attorney for the District of Oregon.
Anyone who has information about the physical or online exploitation of children are encouraged to contact HSI at (866) 347-2423 or submit a tip online at report.cybertip.org.
Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor. It is important to remember child sexual abuse material depicts actual crimes being committed against children. Not only do these images and videos document the victims’ exploitation and abuse, but when shared across the internet, they re-victimize and re-traumatize the child victims each time their abuse is viewed. To learn more, please visit the National Center for Missing & Exploited Children at www.missingkids.org.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Child Sex Trafficker Sentenced to Life in PrisonRead the Press Release
A DeSoto man who drugged young girls and then forced them into commercial sex was sentenced today to Life in federal prison, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Anjum Zafar Mian, 42, was convicted in July 2023 following a two day trial of fifteen counts involving sex trafficking of adults and minors, as well as, sexual exploitation of children. He was sentenced by U.S. District Judge Reed C. O’Connor.
“With the declaration of a life sentence, HSI is yet again successful in removing a dangerous predator from the community,” said HSI Dallas Special Agent in Charge Lester R. Hayes Jr. “Investigating those who exploit children is one of our highest priorities. We will use every resource available in seeking prosecution of those who traumatize and victimize our most vulnerable."
“I am extremely proud of the men and women who worked diligently together in order to bring justice to each of the survivors,” said Arlington Police Chief Al Jones.
According to evidence presented at trial, Mr. Mian forced at least two young girls – ages 16 and 17 – to engage in commercial sex by intimating that he would harm their family if they did not comply.
He brought another 17 year old down from Oklahoma, would not allow her to go back home when she asked, and made her engage in commercial sex.
He also attempted to traffick an adult woman from Oklahoma, who called the police after he assaulted her.
The victims testified that Mr. Mian, who also went by the “AJ” and “Dre,” used explicit photos of them to advertise sexual services online. He communicated with customers via messaging apps, then plied the girls with drugs and alcohol, delivered them to customers, and demanded they turn all proceeds over to him.
Two of the victims testified that Mr. Mian raped them while they were unconscious.
The Arlington Police Department conducted the investigation in conjunction with Homeland Security Investigations’ Dallas Field Office and with the assistance of the Dallas Police Department, DeSoto Police Department, Fort Worth Police Department, and Texas Department of Public Safety. This was a North Texas Trafficking Task Force case. Assistant U.S. Attorneys Brandie Wade and Matthew Weybrecht prosecuted the case.
If you believe you or someone you know may be a victim of human trafficking, call local law enforcement or the 24/7 confidential National Human Trafficking Hotline at 1-888-373-7888.
Chelsea Man Sentenced to Two Years in Prison for Being a Felon in Possession of a Firearm and AmmunitionRead the Press Release
BOSTON – A Chelsea man was sentenced today in federal court in Boston for federal firearms offenses.
Miguel Reyes, 33, was sentenced by U.S. District Court Patti B. Saris to two years in prison and three years of supervised release. On Mar. 16, 2023, Reyes pleaded guilty to two counts of being a felon in possession of a firearm and ammunition and one count of being a felon in possession of ammunition.
On two separate occasions in August 2020, Reyes was found in possession of a Beretta, Model U22, .22 LR caliber pistol and ammunition and a Glock, Model 48, 9 mm pistol and ammunition. Additionally, at the time of his arrest in Chelsea in May 2021, Reyes was found in possession of a Glock replica, polymer 80 and ammunition. Due to a prior felony conviction, Reyes is prohibited from possessing firearms and ammunition.
Acting United States Attorney Joshua S. Levy and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. Valuable assistance was provided by the Chelsea Police Department. Assistant U.S. Attorney Benjamin A. Saltzman of the Criminal Division prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Bogalusa Man Charged with Federal Drug and Firearm ChargesRead the Press Release
NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced today that BENJAMIN HOLMES, age 33, of Bogalusa, was indicted on October 12, 2023, on one (1) count of Conspiracy to Possess with Intent to Distribute a Controlled Dangerous Substance, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(C), two (2) counts of Distribution of Fentanyl, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(C), one (1) count of Possession with Intent to Distribute a Controlled Dangerous Substance in violation of Title 21, United States Code, Sections 841(a)(1), and 841(b)(1)(C), one (1) count of Possession of Firearms during a Drug Trafficking Offense, in violation of Title 18, United States Code, Section 924(c)(1)(A), one (1) count of Felon in Possession of a Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(8), and one (1) count of Maintaining a Drug-involved Premises, in violation of Title 21, United States Code, Section 856(a).
According to the indictment, HOLMES had been using his residence in Bogalusa, to facilitate the sale and distribution of fentanyl as well as to store firearms and ammunition. HOLMES is prohibited from possessing a firearm due to a prior felony conviction.
If found guilty of any one of Counts 1 through 4, HOLMES faces a maximum of twenty years imprisonment, up to a $1,000,000 fine, and up to three years of supervised release. As to Count 5, he faces a minimum of five years up to life imprisonment, to be served consecutively to any other counts. As to Count 6, he faces up to fifteen years imprisonment, up to a $250,000 fine, and up to three years of supervised release. As to Count 7, he faces up to twenty years imprisonment, up to a $500,000 fine, and up to three years of supervised release. All seven counts also carry a mandatory $100 special assessment fee.
United States Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
United States Attorney Evans praised the work of the Drug Enforcement Administration, Louisiana State Police, and Bogalusa Police Department. This case is being prosecuted by Assistant United States Attorney Stuart Theriot of the Narcotics Unit.
Beresford Man Charged with Receipt and Distribution of Child PornographyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Beresford, South Dakota, man for Receipt and Distribution of Child Pornography.
Theodore John Jungbauer, age 59, was indicted in October of 2023. He appeared before U.S. Magistrate Judge Daneta L. Wollmann on October 6, 2023, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 40 years in federal prison and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 13, 2021, and August 24, 2023, Jungbauer knowingly received and distributed, and attempted to receive and distribute, any child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.
The charge is merely an accusation and Jungbauer is presumed innocent until and unless proven guilty.
The investigation is being conducted by Homeland Security Investigations and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper 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 the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Jungbauer was remanded to the custody of the U.S. Marshals Service pending trial which has been set for December 12, 2023.
Beckley Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – Thomas D. Manns, 37, of Beckley, was sentenced today to two years in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on May 26, 2020, law enforcement officers responded to a report of shots fired at an Ewart Avenue apartment complex in Beckley. The officers encountered Manns holding what they believed to be a firearm as he ran into a stairway. Officers searched the stairway and found a Mossberg model 500AT 12-gauge shotgun in a trash can. Video footage from the apartment complex’s security cameras showed Manns holding the shotgun before he put it in the trash can. Manns admitted to possessing the firearm.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Manns knew he was prohibited from possessing a firearm because of his prior felony conviction for delivery of a controlled substance in Raleigh County Circuit Court on November 29, 2006.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley Police Department.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Andrew D. Isabell prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:22-cr-66.
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Atlanta-based financial advisor sentenced for COVID-relief fraud schemeRead the Press Release
ATLANTA - Paul Kwak has been sentenced for a multi-million-dollar fraud scheme related to a COVID relief program. Three co-conspirators were previously sentenced to prison as well.
“When the government stepped in to help the millions of Americans suffering economically during the pandemic, some sought an opportunity to exploit the system and enrich themselves,” said U.S. Attorney Ryan K. Buchanan. “Kwak not only submitted his own fraudulent applications, but he recruited others to his scheme, resulting in millions of dollars of fraudulent applications to the SBA’s relief program.”
“Profiteering off federal government relief programs intended to support American small businesses is inexcusable,” said SBA OIG’s Eastern Region Special Agent in Charge Amaleka McCall-Brathwaite. “This sentencing is further evidence that greed has no place in SBA programs. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and commitment to seeing justice served.”
“Not only did Kwak defraud the government by applying for relief funds for companies that did not exist, but he also recruited and taught others how to do the same,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “Let this sentence be a message that the FBI will continue to hold accountable anyone who abuses taxpayer dollars and diverts them from people that actually need them.”
According to U.S. Attorney Buchanan, the charges and other information presented in court: Paul Kwak conspired with others to submit millions of dollars of fraudulent EIDL applications in the names of shell companies that had no employees and conducted no business activities.
The EIDL program is an emergency relief program run by the Small Business Administration (SBA) that provided millions of Americans with much needed economic relief during the COVID-19 pandemic. An EIDL application must provide, among other information, the amount of revenue the business generated in the 12 months prior to the application and the number of employees. The applicant must certify that the information is correct and that he or she is legally eligible to apply for an EIDL.
Kwak filed fraudulent EIDL applications and recruited and taught others to file fraudulent applications, totaling over $2 million. Kwak posted related videos on his YouTube channel, where he provided financial and investment advice before the pandemic. In a May 2020 video titled “EIDL, disaster assistance you don’t have to pay back,” Kwak explained, in Korean, that applicants could receive tens of thousands of dollars in assistance without collateral or a co-signor, using only the applicant’s electronic signature. One of his clients, according to Kwak, had recently received $150,000 in EIDL proceeds.
Kwak conspired with others, including Joosoo Choi-Bang, Jon Sun Hun, and Sook Hee Kim, each of whom previously pleaded guilty and were sentenced. Ultimately, the SBA paid over $1 million as a result of the fraudulent applications. Kwak has agreed to forfeit three homes and a Mercedes GLS 580 purchased with fraud proceeds. He has also agreed to forfeit over $1.6 million from multiple bank accounts associated with the fraud.
Paul Kwak, 65, of Braselton, Georgia, was sentenced to three years, four months in prison to be followed by three years of supervised release and ordered to pay restitution in the amount of $1,198,300. Kwak was convicted of these charges on June 20, 2023, after he pleaded guilty.
Choi-Bang was sentenced to one year, six months in prison to be followed by one year of supervised release. Huh and Kim were sentenced to two years in prison to be followed by one year of supervised release.
This case was investigated by the U.S. Small Business Administration, Office of Inspector General and the Federal Bureau of Investigation.
Assistant U.S. Attorney Christopher J. Huber prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Assistant Attorney General Todd Kim Delivers Keynote Address at the American Bar Association Section of Environment, Energy, and Resources’ 31st Fall Conference in Washington, DCRead the Press Release
I’d like to thank ABA SEER for inviting me to your environmental law conference.
It’s a pleasure to be here, and in particular to appear with Tommy Beaudreau, who has had a phenomenal career as Deputy Secretary at the Department of the Interior.
For those I haven’t met before, my name is Todd Kim, and I have the great privilege to serve as the Assistant Attorney General of the Environment and Natural Resources Division at the Department of Justice.
Becoming the AAG for ENRD has been a homecoming for me. I originally joined the Division as an Honors Attorney, and I spent almost eight years in the Division’s Appellate Section. I’m very proud to be back at ENRD, and I’m eager to talk with you about our work and how it relates to your experiences representing private clients on environmental compliance issues or working on environmental initiatives in the public sector.
Today, I’ll briefly address ENRD practice in the Supreme Court, and then focus on environmental justice and climate change—priority issues for this ambitious Administration. But let me start with a short overview of ENRD.
As most of you know, ENRD is one of the litigating divisions at DOJ. We’re sometimes called the “world’s largest environmental law firm,” with over 600 employees, including more than 400 attorneys.
ENRD’s mission is to protect the health and welfare of the American people, preserve our breathtaking landscapes and precious natural resources, and ensure that all Americans are treated fairly under the law.
And our civil and criminal enforcement efforts have real nationwide impact. In fiscal year 2023, for instance, we obtained over $400 million in civil and criminal fines, penalties and costs recovered, and we secured federal injunctive relief valued at over $2.3 billion.
ENRD, of course, also has a substantial practice defending agency actions taken or challenged under environmental and natural resource laws, in addition to acquiring lands needed for federal projects, and litigating to secure and protect the rights and resources of federally recognized tribes.
Let’s turn now to substantive topics. Environment and natural resource matters appear on the Supreme Court’s docket with some frequency, and ENRD plays an important role in assisting the Solicitor General in handling these matters.
Today, I’d like to mention three cases—one current, two recent—that reflect how environmental law is at the cutting edge of administrative law.
First, the current case: Loper Bright Enterprises v. Raimondo, which involves the doctrine of judicial deference named after the famous case of Chevron v. NRDC.
This case directly concerns whether the D.C. Circuit erred in applying Chevron to hold that the National Marine Fisheries Service had authority to promulgate a particular rule under the Magnuson-Stevens Fishery Conservation and Management Act.
But the question on which the Supreme Court granted certiorari in May transcends this particular context. That question reads: “Whether the Court should overrule Chevron or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.”
As I’m sure you recognize, a decision in this case may have broad implications for administrative practice across the federal government. The brief of the United States, filed last month, argues that the Court should not overrule Chevron because it is a bedrock principle of administrative law that sets clear ground rules for all three branches of government, and principles of stare decisis weigh heavily in favor of adhering to Chevron. I commend the brief to you for reading.
Oral argument has not yet been set in the case. Stay tuned.
Next, let’s turn back to June of last year, and the Supreme Court’s decision in West Virginia v. EPA. The Court concluded that a particular Clean Air Act provision did not authorize the EPA to devise emission limitations for power plants based on the generation-shifting approach in the Clean Power Plan issued in 2015.
Of interest beyond the Clean Air Act, the Court articulated a major questions doctrine under which, absent a sufficiently clear statement from Congress, courts should not interpret a statute to authorize certain “novel” or “unprecedented” agency actions of “vast economic and political significance.”
The full implications of the ruling are still being debated. In the sixteen months following the decision, litigants have raised the major questions doctrine in a wide array of challenges to agency actions. This body of law will continue to develop. Again, stay tuned.
Finally, Sackett v. EPA, a decision from this past May. There, the Court held that an adjacent wetland is within the Clean Water Act’s protections as a “water of the United States” only if the wetland has a continuous-surface connection with a body of water that is itself a covered “water of the United States.” The Court interpreted this statutory phrase to include relatively permanent bodies of water connected to a traditional navigable water. The Court rejected the “significant nexus” standard established in 2006 under Justice Kennedy’s concurring opinion in Rapanos v. United States.
The United States is of course committed to following the law and implementing the Clean Water Act to deliver the essential protections that safeguard the nation’s waters from pollution and degradation. Let me highlight some actions that have already occurred since Sackett issued.
Last month, to conform to the decision, EPA and the Department of the Army published a rule amending the definition of “waters of the United States” in regulations that had issued in January. For example, the new rule removed the “significant nexus” standard from consideration when identifying tributaries and other waters as federally protected. Going forward, the agencies will also continue to interpret the regulations defining “waters of the United States” consistent with the Sackett decision through the wide range of tools available: approved jurisdictional determinations, guidance, agency forms and training materials, or future rulemaking as appropriate.
Litigation challenging the January rule also continues in various courts. In light of Sackett and the new rulemaking, ENRD teams have been working with the parties and making appropriate filings in cases in the Sixth Circuit, the District of North Dakota, and the Southern District of Texas.
I highlight each of these cases because they are important, and their full implications are as yet uncertain. Once more: stay tuned.
Now let me turn to two of the Administration’s key priorities: furthering environmental justice and combating the climate crisis.
All Americans should be able to breathe clean air, be protected from the worsening effects of climate change, and have access to safe drinking water. Yet across the nation, there are communities—all too often low-income communities, communities of color, and indigenous communities—that suffer disproportionately from environmental injustice.
Last fall, I was in Jackson, Mississippi. Unprecedented flooding had caused Jackson’s largest water treatment facility to fail. At least 150,000 residents were left without drinking water. My division, working with EPA, the City of Jackson, and the State of Mississippi, quickly negotiated an interim order, subsequently approved by a federal district court, that put in place an Interim Third-Party Manager, among other important steps to stabilize the public drinking water system.
Unfortunately, there are other problems facing the people of Jackson. The City has longstanding issues complying with a Clean Water Act consent decree; billions of gallons of untreated or partially treated wastewater have spilled into neighborhoods and the Pearl River. Just two weeks ago, we successfully moved the district court to approve another interim order that will ensure that some repairs are made to the sewer system in the near term to address these sewage overflows.
The kind of inequity and injustice that the people of Jackson have suffered goes against everything we stand for as a nation. But it persists. So, this Administration is taking action toward its ambitious environmental justice goals. ENRD’s role in that process is central.
Case in point: in May of last year, the Department of Justice established an Office of Environmental Justice and housed it within ENRD. Our new office acts to engage the entire Department in the collective pursuit of environmental justice, so that ENRD and the Department as a whole do our best to protect overburdened and underserved communities and to promote fair and equal treatment and meaningful involvement of all people in the decision-making that affects their lives. The Office of Environmental Justice has been very active—look, for instance, to how it has been training the environmental justice coordinators that every one of the 94 U.S. Attorney’s Offices have appointed.
Another demonstration of our commitment is the Department’s Comprehensive Environmental Justice Enforcement Strategy. This strategy establishes four principles that will guide the advancement of environmental justice through federal enforcement. These principles are that we will: prioritize cases that will reduce public health and environmental harms to overburdened and underserved communities; make strategic use of all available legal tools to address environmental justice concerns; ensure meaningful engagement with impacted communities; and promote transparency in our environmental justice enforcement. The strategy is on our website, as will be the annual report that we are releasing today; I hope you’ll take a look.
That report has much more, but here are some examples of the Department’s environmental justice work.
Earlier this year, the Department launched the Puerto Rico and U.S. Virgin Islands Environmental Crimes Task Force to investigate and prosecute violations of federal environmental law in that region. This task force will leverage resources from many federal agencies to aggressively prosecute environmental crimes and associated fraud, waste, and abuse. We’re working with the U.S. Attorney’s Office and more than fifteen federal agencies to consider a wide range of potential violations, ranging from oil or chemical spills to issues involving air quality or toxic waste.
Among many specific case examples I could highlight, ENRD has also recently filed Clean Water Act claims against the City of Baytown, Texas for hundreds of instances of untreated sewage discharge into waterways in and around the City. In that case we seek injunctive relief and penalties, with the goal of ensuring that the Baytown community has access to clean water.
I should emphasize, though, that the Department’s environmental justice efforts are not limited to ENRD’s cases. Several months ago, for instance, the Civil Rights Division secured a settlement in its environmental justice investigation into the City of Houston’s response to illegal dumping in Black and Latino Neighborhoods.
The Department’s environmental justice strategy also recognizes the need to prioritize enforcement that addresses the unique impacts that tribal communities may face, including impacts to treaty rights, water, land, or other resources needed to support tribal sovereignty and homelands. Over the past year, with the Department’s Office of Tribal Justice, ENRD has convened three summits with various federal agencies and tribal governments to discuss how the federal government and tribes can more effectively work together on these issues.
So here’s the takeaway for those who deal with compliance matters. Our enforcement decisions take into account the imperative to advance environmental justice. We are listening to concerns expressed in historically overburdened and underserved communities across the country and are actively seeking to address those concerns. We encourage industry clients to be sure they are listening to neighboring communities and meeting their obligations under federal environmental law. The failure to do so could result in federal enforcement.
This brings me to my last big topic—climate. In Executive Order 14,008, President Biden directed the United States Government to “combat the climate crisis with bold, progressive action that combines the full capacity of the Federal Government with efforts from every corner of our Nation…”
ENRD is doing its part, hand-in-hand with client agencies and our state, local, and tribal partners. For example, ENRD will partner with EPA on the new National Enforcement and Compliance Initiatives and Climate Enforcement and Compliance Strategy that Assistant Administrator Uhlmann mentioned yesterday.
Where available, we will use statutory authority directed at specific greenhouse gases. But existing law also enables us to enforce violations that indirectly result in excess greenhouse gases, and to seek remedies that will ensure future compliance, notwithstanding the growing threats of drought, extreme temperatures, wildfires and flooding.
So, what we consider ENRD “climate” cases has a fairly flexible definition, covering three broad categories of matters: first, affirmative litigation to mitigate greenhouse gas emissions; second, affirmative litigation to otherwise protect natural resources and the environment against climate-related threats; and third, climate-related defensive litigation. Let’s take a quick look at each of these areas.
First, in the most classic “climate case” typology, we bring affirmative enforcement actions that reduce, or promote absorption of, greenhouse gas emissions. Many types of sources generate pollution contributing to climate change, including petrochemical plants, cement kilns, fossil-fuel power plants, refrigerants and foam insulation, oil and gas production, refineries, landfills and mobile sources. ENRD’s docket includes many cases against such sources under the pollution control statutes administered by EPA, especially the Clean Air Act.
For example, this April, we announced settlements under which three natural gas processors agreed to pay over $9 million in penalties and to make improvements to prevent leaks and emissions at 25 natural gas processing plants and 91 compressor stations in 12 states and Indian Country. Once fully implemented, the agreements will reduce greenhouse gas emissions by more than 50,000 tons per year.
One growing field of enforcement involves HFCs, greenhouse gases hundreds to thousands of times more potent than carbon dioxide. In 2020, Congress enacted the bipartisan American Innovation and Manufacturing Act, providing EPA with new authority to phase down the production and consumption of HFCs.
To help ensure the integrity of the program and a rigorous and timely phasedown, ENRD participates in a multi-agency enforcement and prosecution initiative to prevent the illegal trade, production, use, and sale of HFCs, along with EPA and the Departments of Homeland Security, State, and Defense. We expect to see even more case referrals from our key client agencies as the initiative ramps up.
And we have affirmative case work enforcing laws that protect critical carbon “sinks” like wetlands and forests, which absorb greenhouse gases and slow climate change. We bring actions under the Clean Water Act to respond to illegal filling of wetlands without a required permit. We also work in the international arena to reduce deforestation worldwide, including through criminal prosecutions under the Lacey Act and other criminal statutes to counter trade in illegally harvested timber.
Indeed, ENRD has prioritized investigating and prosecuting timber trafficking offenses. The Division’s Environmental Crimes Section partners regularly with U.S. Attorneys’ offices to prosecute cross-boundary offenses. Our successful prosecutions to date have yielded the highest ever fine for timber trafficking, in a case against Lumber Liquidators; restitution to foreign countries like Peru for timber illegally sourced from their countries; and many lessons about how trafficking works, and how we can stop it.
The Division has also focused on developing relationships with foreign governments and strengthening their ability to detect and prosecute these offenses. Because these crimes cross boundaries, it is essential that U.S. and foreign enforcement personnel understand our mutual legal frameworks, how they complement each other, and how each country and its economy and natural resources affect the global supply chain.
This April, the Department formalized some of this work, announcing the formation of a Timber Working Group. It is an interagency collaboration created to target available resources across the federal government to identify and investigate complex timber trafficking cases domestically and transnationally; to develop new tools and techniques to investigate and prosecute timber trafficking cases; and to build the ability of partner governments worldwide to combat this devastating illegal trade.
That brings me to the second broad category of climate cases I mentioned: affirmative litigation to protect wildlife and natural resources. These cases may include claims on behalf of Indian tribes or federal agencies to secure water rights as well as reserved treaty, hunting, fishing and gathering rights on behalf of tribes. These are all resources under increasing threat from the effects of climate change—increasing temperatures, drought, and more.
And in the final broad category, ENRD’s docket contains an increasing number of cases defending greenhouse gas emissions regulations and controls; agency actions in support of the conversion to cleaner energy; and various policy and management decisions to protect sensitive resources.
For example, last month, after extensive briefing, ENRD participated in oral arguments defending two significant EPA actions under the Clean Air Act with climate implications. On September 14 and 15, the D.C. Circuit heard oral arguments in Texas v. EPA, a challenge to EPA’s 2021 regulations prescribing greenhouse gas emission standards for passenger cars and light trucks; and then Ohio v. EPA, a challenge to EPA’s waiver of Clean Air Act preemption to allow California to operate its pre-existing vehicle emissions program, including its zero-emission vehicle and greenhouse gas standards.
In closing, it is obviously an exciting and important time to be an environmental lawyer. I know I am excited to be at ENRD as we hope to undertake even more of this vital work in the years ahead.
Thank you very much.
Arizona Woman Sentenced for Violating Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – EMILY HUCKABEE, age 23, a resident of Yuma, Arizona, was sentenced on October 12, 2023 by United States District Judge Carl J. Barbier to thirty (30) months imprisonment, three years of supervised release, and a $100.00 mandatory special assessment fee after pleading guilty to a superseding bill of information charging her with conspiracy to distribute and possess with intent to distribute a quantity of methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1), 841 (b)(1)(C), and 846, announced U.S. Attorney Duane A. Evans.
According to court documents, on June 28, 2022, a Louisiana State Police Trooper executed a traffic stop of a 2015 Ford F-150 traveling on I-59 in Pearl River, Louisiana. The driver of the vehicle was HUCKABEE. A narcotics detection canine sniffed the vehicle and detected a narcotics odor. As a result, Troopers searched the vehicle and discovered a large amount of controlled substances in a bag on the rear seat. The controlled substances were determined to be 10.58 kilograms of crystal methamphetamine, wrapped in twenty-seven vacuum sealed packages.
In a post-arrest statement, HUCKABEE told Drug Enforcement Administration Special Agents that in June of 2022, an individual offered her $8,000.00 to drive from Arizona to New Orleans to deliver methamphetamine to a customer in New Orleans.
This case was investigated by the Drug Enforcement Administration and the Louisiana State Police. The prosecution was handled by Assistant United States Attorney André Jones of the Narcotics Unit.
Activity in the United States Attorney's OfficeRead the Press Release
Possession of Child Pornography
Charles Victor Flint, age 63, of Sundance, Wyoming, was sentenced to 120 months in prison for possession of child pornography. U.S. District Court Judge Alan B. Johnson imposed the sentence on October 2, 2023. Flint was indicted in May and pled guilty in July.
According to court documents, on March 1, 2023, Wyoming Division of Criminal Investigation executed a search warrant based on CyberTips received by the Wyoming Internet Crimes Against Children Task Force. Flint had previous state convictions in Colorado for internet luring of a child and attempted sexual assault of a child. Investigators found child pornography and child erotica images on devices owned and used by Flint. The case was prosecuted by Assistant U.S. Attorney Christyne M. Martens.
Firearm Offense
Joshua Ray Germer, age 39, of Buffalo, Wyoming, was sentenced to 28 months’ imprisonment for being a felon in possession of a firearm. U.S. District Court Judge Alan B. Johnson imposed the sentence on October 3, 2023. Germer was indicted in May and pled guilty in July.
According to court documents, Germer, a convicted felon on probation, was found in possession of a Walther pistol, several different calibers of ammunition and suspected suppressors, when probation officers conducted a routine search of his home. The crime was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant U.S. Attorney Jonathan C. Coppom.
Drug Trafficking
Tyler Christian Sims, age 31, of Casper, Wyoming, was sentenced to 94 months’ imprisonment for conspiracy to distribute methamphetamine. Chief U.S. District Court Judge Scott W. Skavdahl imposed the sentence on Oct. 11. Sims was indicted in May and pled guilty in July.
According to court documents, an investigation led by the Wyoming Division of Criminal Investigation (DCI) followed evidence leading to drugs being delivered to Sims’ residence through the U.S. Postal Service. Postal inspectors conducted a controlled delivery and seized approximately 200 grams of meth from two shipments that were addressed to Sims. This crime was investigated by the U.S. Postal Inspection Service and DCI. The case was prosecuted by Assistant U.S. Attorney Michael J. Elmore.
Ashley Hyatt, age 35, of Cheyenne, Wyoming, was sentenced to 65 months in prison for conspiracy to distribute fentanyl and distribution of fentanyl. U.S. District Court Judge Alan B. Johnson imposed the sentence on October 6. Hyatt was indicted in May and pled guilty in July.
According to court documents, on Sept. 25, 2022, a deceased woman was found in her bedroom. Investigators found a foil with a burnt blue pill next to her with 4 more blue fentanyl pills in her bedroom. The woman’s cell phone contained text conversations showing that she had purchased the fentanyl pills from Hyatt on Sept. 24, 2022. Further investigation revealed that Hyatt was involved with distribution of fentanyl and methamphetamine from September through her arrest on May 18, 2023. This investigation included the seizure of approximately 280 grams of methamphetamine and 472 pills of fentanyl from her residence in Oct. 2022, and the possession of approximately 60 grams of fentanyl from her arrest on May 18. This case was investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Timothy J. Forwood.
About the United States Attorney’s Office
The United States Attorney’s Office is responsible for representing the federal government in virtually all litigation involving the United States in the District of Wyoming, including all criminal prosecutions for violations of federal law, civil lawsuits brought by or against the government, and actions to collect judgments and restitution on behalf of victims and taxpayers. The Office is involved in several programs designed to make our communities safer. They include:
Environmental Justice
The fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
Project Safe Childhood
Project Safe Childhood (PSC) is a DOJ initiative that combats the proliferation of technology-facilitated sexual exploitation crimes against children. The threat of sexual predators soliciting children for sexual contact is well-known and serious.
Project Safe Neighborhoods
Project Safe Neighborhoods (PSN) is a nationwide commitment to reducing gun and gang crime in America by networking existing local programs that target gun crime and providing these programs with additional tools necessary to be successful.
Victim Witness Assistance
The Victim Witness Coordinator for the United States Attorney’s Office for the District of Wyoming is dedicated to making sure that victims of federal crimes and their family members are treated with compassion, fairness, and respect.To report a federal crime, go to: https://www.justice.gov/actioncenter/report-crime#trafficking
Active-Duty Navy Psychologist Pleads Guilty to Child Exploitation ChargeRead the Press Release
NORFOLK, Va. – A Norfolk man pleaded guilty yesterday to attempted coercion and enticement of a minor.
According to court documents, on May 25, Lieutenant Michael Andrew Widroff, 34, a Naval Officer previously assigned as the psychologist for the USS GERALD R. FORD (CVN-78) in Norfolk, initiated sexual conversation with who he believed to be a 14-year-old girl over Snapchat. He later expressed that he thought the girl was “hot” and that he wished to meet her in person. Widroff instructed the girl on how to masturbate and explained that he wished to engage in numerous sexual acts when they met. On June 7, Widroff drove from work to meet with the girl for sex and deleted the incriminating Snapchat application off his phone prior to his arrest.
Widroff is scheduled to be sentenced on February 23, 2024. He faces a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Mack Hickman, Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) Norfolk Field Office, made the announcement after U.S. District Judge Elizabeth W. Hanes accepted the plea.
Special Assistant U.S. Attorney Victoria Liu is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the 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.justice.gov/psc.
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. 2:23-cr-78.
Aberdeen Man Sentenced for Possession of a Firearm by a Prohibited PersonRead the Press Release
ABERDEEN - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced an Aberdeen, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on October 10, 2023.
Tevaughn Brownlee, age 27, was sentenced to four years and nine months in federal prison, three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Brownlee was indicted by a federal grand jury in November of 2022. He pleaded guilty on July 24, 2023.
The conviction stemmed from an incident on September 11, 2022, in Aberdeen, when Brownlee was involved in a domestic violence incident while possessing a firearm. Brownlee, who had previously been convicted of a felony in the state of Illinois, was in possession of a Smith and Wesson 45 caliber pistol. Due to the prior conviction, Brownlee is prohibited from possessing firearms.
This case was investigated by ATF and the Aberdeen Police Department. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Brownlee was immediately remanded to the custody of the U.S. Marshals Service.
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23-Year-Old Human Smuggler Sentenced to 37 Months in PrisonRead the Press Release
TUCSON, Ariz. –Delmetrice Tavion Marquin Taylor, 23, of Mesa, was sentenced on October 3, 2023, by United States District Judge John C. Hinderaker to 33 months in prison, followed by three years of supervised release. On July 12, 2023, Taylor pleaded guilty to Transportation of Illegal Aliens for Profit while Placing in Jeopardy the Life of Any Person. Taylor was also sentenced to four months of consecutive imprisonment for violating pretrial release conditions of an unrelated federal case in the District of Colorado.
On June 6, 2023, Taylor was encountered by United States Border Patrol (USBP) agents while transporting three individuals who were illegally in the United States. Taylor failed to yield to agents, struck an agent’s vehicle, and traveled at high speeds through a USBP checkpoint. Agents attempted to bring an end to his dangerous driving behavior with an immobilization device, but Taylor continued to drive at high speeds despite one tire beginning to deflate. When apprehended, Taylor was in possession of a short-barrel rifle loaded with one hundred rounds in a magazine drum. At the time of his arrest, Taylor was on federal pretrial release for the offense of Aiding and Abetting Making a False Statement in Connection with the Acquisition of a Firearm from a Licensed Dealer, committed in the District of Colorado.
Agents from the United States Border Patrol conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: 23-CR-00910-TUC-JCH
RELEASE NUMBER: 2023- 155_Taylor# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Thursday 12 October 2023
Wichita man sentenced for firearm crimeRead the Press Release
WICHITA, KAN. – A Wichita man was sentenced 60 months in prison for having a gun while trafficking narcotics.
According to court documents, Clinton Bruner, 59, of Wichita pleaded guilty to one count of possession of a firearm in furtherance of a drug trafficking crime.
The charge stems from a November 2022 search warrant at Bruner’s home where officers found approximately one kilogram of powder cocaine in a basement and another ounce of cocaine in a bedroom. Law enforcement also found two firearms, a M&P Shield .40 caliber handgun and a Berretta Nano 9mm firearm. After Bruner had been read his Miranda rights, he admitted to selling drugs, and he said that the firearms were his for protection because he had recently been robbed.
“Whenever guns are in the hands of illegal drug traffickers, the threat of violence increases exponentially. This not only endangers the lives of those involved in criminal activity, but also puts entire communities at great risk of being caught in crossfire,” said U.S. Attorney Kate E. Brubacher.
The Wichita Police Department and the Drug Enforcement Administration (DEA) investigated the case.
Assistant U.S. Attorney Matt Treaster prosecuted the case.
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Virginia Man Pleads Guilty to Federal Cyberstalking of Maryland WomanRead the Press Release
Baltimore, Maryland – Michael Ghali, age 35, of Fairfax, Virginia, pleaded guilty today to a federal cyberstalking charge, related to sexually explicit and threatening messages and emails he sent to two victims.
The guilty plea was announced by Erek L. Barron, United States Attorney for the District of Maryland and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
According to his guilty plea, beginning in June 2020, Ghali sent an acquaintance, Victim 1, a series of sexually explicit and threatening text messages using an application which allows users to acquire phone numbers to send text messages that they don’t want to be associated with their known phone number.
During that same time, Ghali sent Victim 2, who was the head of a medical department at a Baltimore-based hospital, a series of emails from email addresses he created for the purpose of sending Victim 2 threatening messages, accusing Victim 2 of sexually abusing employees in the medical department and minors, and which claimed that the sender had photos of the abuse. Ghali demanded that Victim 2 resign from his position at the hospital and threatened to send the purported photos of the abuse to the press. Victim 2 knew of Ghali, as Ghali had previously completed a short medical rotation at the hospital.
As detailed in the statement of facts, as a result of the threatening messages, Victim 1 contacted the Anne Arundel County Police Department and obtained a protective order that became effective on July 7, 2020. Similarly, after Victim 2 received an email from Ghali which threatened Victim 2’s life and the lives of his grandchildren, Victim 2 hired a professional security detail and changed his surgical and other schedules. Victim 2 suspected that Ghali sent the messages and became aware that in 2019 Ghali had been charged in Fairfax, Virginia, with brandishing an AR-15 assault rifle within 1000 feet of a school. On July 21, 2020, the hospital obtained a temporary restraining order and ultimately a preliminary injunction against Ghali on behalf of Victim 2.
On August 25, 2020, law enforcement executed a search warrant at Ghali’s residence, seizing a number of electronic devices, including two Apple iPhones, as well as three boxes of .44 caliber ammunition. From a Federal Firearms Licensee in Fairfax County law enforcement also seized a .22LR caliber semi-automatic firearm, a 10-round capacity magazine, and additional ammunition. A subsequent review of Ghali’s phone revealed another social media page Ghali created in which he posted photos of individuals, including Victim 1. Several images of Victim 1 with sexually explicit captions were located on the page.
According to the plea agreement, on August 28, 2020, Ghali obtained a new Apple iPhone and, in violation of the protective orders that were in place, sent Victim 1 and Victim 2 additional messages and emails. In addition, Ghali posted sexually explicit and threatening messages regarding Victim 1 to another of his social media pages. On October 9, 2020, law enforcement executed a second search warrant at Ghali’s home which authorized seizure of among other things, the new Apple iPhone used by Ghali to send the message to Victim 1. Law enforcement ultimately were unable to locate the device but did locate a receipt for its purchase and packaging material.
Ghali faces a mandatory minimum sentence of one year in prison and a maximum of five years in prison for cyberstalking. U.S. District Judge George L. Russell, III has scheduled sentencing for November 28, 2023, at 9:30 a.m. Ghali has been detained since his arrest and remains detained pending sentencing.
U.S. Attorney Erek L. Barron commended the FBI for its work in the investigation. Mr. Barron also thanked Assistant United States Attorney Paul A. Riley, who is prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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United States seeks to forfeit more than $72 million involved in bribery and money schemeRead the Press Release
MIAMI – On Sept. 29, the United States filed a civil forfeiture complaint seeking to forfeit more than $72 million involved in a bribery and money laundering scheme centered around Ecuador’s public police pension fund (ISSPOL).
As alleged in the complaint, from 2014 through 2020, more than $2.6 million in bribes were paid to ISSPOL officials (directly or through family members) to obtain and invest ISSPOL funds for the benefit of Jorge Cherrez Miño (Cherrez), his companies, and co-conspirators.
Under an agreement between ISSPOL and Cherrez—reviewed by ISSPOL officials, including at least one to whom a bribe was paid—ISSPOL entrusted Cherrez with approximately $327 million worth of their local Ecuadorian bonds to invest in the global market and to provide ISSPOL with the return on that investment. Cherrez allegedly obtained approximately $65 million in profits from one aspect of the scheme.
Payments from the ISSPOL investment business were obtained in an account in the United States, Florida-based companies and bank accounts were used to pay the bribes and acts in furtherance of the bribery scheme occurred in the Southern District of Florida. Further, to conceal and promote the bribery scheme, corrupt proceeds were allegedly laundered through Florida-based companies and bank accounts, including numerous U.S. investment fund companies incorporated in Florida with Cherrez as an officer or director.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Kareem A. Carter of the Internal Revenue Service - Criminal Investigation (“IRS-CI”), Washington, D.C. Field Office, and Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI), made the announcement.
Assistant U.S. Attorneys Annika M. Miranda and Jorge R. Delgado are handling the civil forfeiture case. The Justice Department’s Office of International Affairs has provided significant assistance on this matter.
IRS-CI and HSI, jointly under the auspices of the Global Illicit Financial Team, investigated the related criminal cases. Trial Attorneys Katherine Raut and Alexander Kramer of the Criminal Division’s Fraud Section prosecuted the related criminal cases, United States v. Jorge Cherrez Miño, et al., Case No. 21-CR-20528-KMW (S.D. Fla.), and United States v. Luis Alvarez Villamar, Case No. 21-CR-20308-KMW (S.D. Fla.).
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 23-cv-23730.
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United States Attorney’s Office hosts second anti-hate crime forumRead the Press Release
WINSTON-SALEM – The United States Attorney’s Office for the Middle District of North Carolina (USAO-MDNC) and the Federal Bureau of Investigation (FBI) hosted their second anti-hate crime forum today in Winston Salem, announced United States Attorney Sandra J. Hairston.
The Federal government’s Hate Crime Statistics Program began in 1990 to monitor hate crimes and enhance the federal response to crimes motived by bias against race or ethnicity, religion, disability, sexual orientation, gender, or gender identity. The United Against Hate program, launched in 2022 by Attorney General Merrick Garland, aims to increase reporting on hate incidents as well as hate crimes so that law enforcement can identify patterns and trends in their communities and protect victims. The Department of Justice-wide initiative is also designed to educate the community about how to report hate crimes, what resources are available to them, and offers a chance for community members to meet with the USAO and the FBI to learn more about what the Justice Department is doing to reduce hate crime incidents nation-wide.
If you or someone you know has been the victim of a hate crime, you can report the incident directly to the FBI by submitting a tip to the FBI online https://www.fbi.gov/tips or by calling your local FBI field office https://www.fbi.gov/contact-us/field-offices. In the event of an emergency, individuals should always contact 911 first.
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United States Attorney’s Office for the Middle District of Alabama Observes Domestic Violence Awareness MonthRead the Press Release
Montgomery, Alabama - October marks the observance of Domestic Violence Awareness Month. Acting United States Attorney Jonathan S. Ross joins the U.S. Department of Justice in commemorating Domestic Violence Awareness Month, paying tribute to victims and survivors, and saluting the dedication of advocates, service providers, justice professionals, law enforcement officers, and first responders who tirelessly work in support of survivors.
Domestic violence, dating violence, and intimate partner violence can have long-lasting impacts and consequences. Approximately one in four women and one in seven men will experience severe domestic violence in their lifetimes. This month provides an opportunity to spread awareness about domestic violence and encourage everyone to play a role in ending these terrible crimes. The Justice Department and the U.S. Attorney’s Office for the Middle District of Alabama also encourage everyone to wear purple on October 19, 2023, or “Purple Thursday,” as it is called. Wearing purple on this day is a symbol of support for survivors and a commitment to ending domestic violence.
“Domestic violence is harmful to individuals, families, and communities, and we share a responsibility to work to end this abuse,” stated Acting United States Attorney Ross. “Working with federal, state, and local law enforcement partners, my office uses all of the tools at its disposal to address the systemic problem that is domestic violence.”
Find support using the Office on Violence Against Women (OVW) local resource page at https://www.justice.gov/ovw/local-resources. Domestic violence victims can call the National Domestic Violence Hotline at 1-800-799-7233 for immediate help.
U.S. Attorney's Office Recognizes Law Enforcement, Community Partners, and Citizens for Outstanding AchievementsRead the Press Release
CHARLOTTE, N.C. – Today, U.S. Attorney Dena J. King hosted the Western District’s Excellence in the Pursuit of Justice award ceremony, recognizing federal, state, local and Tribal law enforcement, community partners, and citizens for their significant contributions to the mission of the Department of Justice, and for their commitment to protecting the people of the Western District of North Carolina.
“It is an honor to recognize the remarkable men and women in law enforcement for going above and beyond the call of duty to protect our communities and to hold wrongdoers accountable for their actions,” said U.S. Attorney King. “A career in law enforcement is not for the faint of heart. Those who wear the badge understand what it means to live a life of service, despite the significant dangers and challenges that come with the job. I congratulate the recipients for this well-deserved recognition. I am grateful for their outstanding efforts to ensure public safety and for serving the people of the Western District of North Carolina with integrity and excellence. I also thank our community partners and citizens who were recognized today for their contributions to my Office’s efforts to promote important programs and initiatives that promote safety, access to justice, and strengthen our ties with the people we serve.”
The following law enforcement professionals were recognized in the Outstanding Case category, for their work as an investigative team and their exemplary performance in cases handled by the U.S. Attorney’s Office:
Paul M. Engler - FBI
William J. Gang, II – FBI
Corey S. Zachman – FBI
United States v. Victoria Irby
Sonia Escobedo – Asheville Police Department/DEA
Jonathan Morgan – Asheville Police Department
United States v. Megan Tate
Steve Davis – Jackson County Sheriff’s Office
Brandon Elders – Cherokee Indian Police Department
David Lovedahl – DEA Task Force Officer
Daniel Peoples (Ret.) – Jackson County Sheriff’s Office
Christy Sims – Jackson County Sheriff’s Office
United States v. Martin Medina
Kevin Lau – Bureau of Indian Affairs/DEA
Cody McKinney – Cherokee Indian Police Department
Jesse Ramirez, II – Cherokee Indian Police Department
Jeff Smith – Cherokee Indian Police Department
United States v. Markuetric Stringfellow & Related Cases
John Carrothers – FBI
Michael T. Dixon – FBI
Nick Pompei – IRS-Criminal Investigation
United States v. Vincent Deritis
Timothy Bradley – Homeland Security Investigations
Mathew Rogers – Hickory Police Department
Marisa Rogers – Hickory Police Department
United States v. Hamzeh Alasfar, et al. & U.S. v. Rami Mhana
Matt Hayes – United States Secret Service
David Jester – Charlotte Mecklenburg Police Department
Jeff King –Charlotte Mecklenburg Police DepartmentMatthew Mescan – Charlotte Mecklenburg Police Department
United States v. Daneon Hanson et. al.
Brianna Ballard – Charlotte Mecklenburg Police Department
Everette Berry – Charlotte Mecklenburg Police Department
Jordan Buehler – Charlotte Mecklenburg Police Department
Peter Carbonaro – Charlotte Mecklenburg Police Department
Stephen Cuccaro – FBI
Luke Donahue – Charlotte Mecklenburg Police Department
Daniel Federowicz – Charlotte Mecklenburg Police Department
Jessica Frank – Charlotte Mecklenburg Police Department
Matthew Grimsley - Charlotte Mecklenburg Police Department
Todd Hepner – Charlotte Mecklenburg Police Department
Matthew Irmscher – FBI
Nicholas Krause – Charlotte Mecklenburg Police Department
David Lopez – Charlotte Mecklenburg Police Department
Richard Migliara – FBI
Dennis Miller – Charlotte Mecklenburg Police Department
Douglas Moore – Charlotte Mecklenburg Police Department
Kaiti Mrak – Charlotte Mecklenburg Police Department
Jennifer Nisavic – Charlotte Mecklenburg Police Department
Katherine Sabino – FBI
Michael W. Sardelis – Charlotte Mecklenburg Police Department
Crystal Schwarte – FBI
Shawn Stegal – Charlotte Mecklenburg Police Department
Tristan Stewart – FBI
Megan Thueme – FBI
Andrea Wilson – Charlotte Mecklenburg Police Department
The following recipients were selected to receive the Outstanding Individual Performance award for their exemplary contributions to multiple cases prosecuted by the U.S. Attorney’s Office:
Carter N. Catlett – U.S. Small Business Administration
Aleta Dunbar - Charlotte Mecklenburg Police Department
John R. Ireland – FBI
Kathryn L. Swinkey – FBI
Michael W. Sardelis – Charlotte Mecklenburg Police Department
Steven M. Webster – U.S. Department of Treasury
This year, the U.S. Attorney’s Office presented Ms. Tiffany Canonica and Ms. Hannah Arrowood with the Outstanding Citizen Award for their contributions in cases prosecuted by the U.S. Attorney’s Office, and recognized Beasley Media Group and Helpmate, Inc. with the Outstanding Community Partner award for their work with the U.S. Attorney’s Office in promoting Department of Justice programs and initiatives.
U.S. Attorney King thanked the awardees for their distinctive efforts and their dedication to pursuing justice while working together to build public trust and keep our communities safe.
U.S. Attorney's Office Hosts Third Community Event as Part of DOJ's United Against Hate InitiativeRead the Press Release
PHOENIX, Ariz. – The United States Attorney’s Office for the District of Arizona held its third United Against Hate event yesterday at Memorial Hall at Steele Indian School Park in Phoenix, Arizona. The event provided an opportunity for an informative and robust discussion with leaders from Arizona’s Hispanic community. Over 130 invited guests, including community members, local leaders, and law enforcement, were in attendance. The event focused on establishing a dialogue between the community and law enforcement and on increasing community understanding and reporting of hate crimes and hate incidents.
“Hate crimes are among the most serious of federal offenses, and the U.S. Attorney’s Office remains committed to pursuing charges against those who victimize our fellow citizens based on who they are, how they worship, or who they love,” said Gary Restaino, U.S. Attorney for the District of Arizona. “We likewise remain committed to organizing community events like these United Against Hate meetings, which are essential to encourage reporting of hate crimes and to improve trust between law enforcement officials and the communities we serve.”
Yesterday’s event featured a panel discussion among community leaders and the U.S. Attorney. The discussion allowed attendees to hear directly from members of the local Hispanic community, who shared their thoughts, concerns, and experiences with hate crimes and hate incidents.
This third United Against Hate event follows similar meetings between the U.S. Attorney’s Office and leaders of Arizona’s African American and LGBT+ communities. The District of Arizona will hold additional United Against Hate events in the coming months to engage with communities across the state. These events will further encourage collaboration, support hate crimes prevention efforts, and encourage more Arizonans to report hate crimes and hate incidents.
RELEASE NUMBER: 2023-153_United Against Hate Event
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Two Former Tennessee Department of Corrections Officers Plead Guilty for Their Roles in the Assault of an InmateRead the Press Release
Two former tactical officers for the Tennessee Department of Corrections Strike Force pleaded guilty for their roles in the assault of an inmate and the cover up that followed at Northwest Correctional Complex in Tiptonville, Tennessee.
Javian Griffin, 38, of Nashville pleaded guilty yesterday to using unlawful force on an inmate and to providing false information in his official report for the incident. His co-defendant, Sebron Hollands, 33, of Clarksville pleaded guilty last week to providing false information in his official report regarding the same incident.
“These two defendants used their power as correctional officers to engage in criminal conduct that victimized a person in state custody,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue to hold accountable correctional officers who assault inmates and then try to cover up their criminal conduct.”
“We look to corrections officers to keep prisons safe and secure and to carry out their duties with the utmost integrity,” said U.S. Attorney Kevin G. Ritz for the Western District of Tennessee. “Instead of upholding and enforcing the oath he took, this officer used his position of authority to violate an inmate’s rights and then conceal the harm he caused. No correctional officer is above the law. This office’s National Security and Civil Rights Unit will continue to prioritize the prosecution of public employees who violate the civil rights of others.”
“Correctional officers who abuse their authority and harm or cover up harm to inmates whose safety they are charged with undermine the criminal justice system as a whole,” said Special Agent in Charge Douglas S. DePodesta of the FBI Memphis Field Office. “The FBI is committed to protecting the civil rights of all people and will aggressively investigate and bring to justice any officer who violates the civil rights of those they are sworn to protect.”
According to court documents, Griffin admitted that he punched an inmate, identified as K.W., in the head without justification, breaking his jaw. Griffin admitted that at the time he punched K.W., the inmate did not resist or pose a threat justifying his use of force. Griffin and Hollands each admitted that they provided false information in their official reports to obstruct the investigation of the incident.
Pursuant to the plea agreement, the parties agreed to jointly recommend that Griffin serve a 48-month prison sentence. Hollands faces a maximum penalty of 20 years in prison for his false report. Sentencing is scheduled for Griffin on March 5, 2024. Sentencing is scheduled for Hollands on Jan. 19, 2024. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Memphis Field Office investigated this case.
Assistant U.S. Attorney David Pritchard for the Western District of Tennessee and Trial Attorneys Andrew Manns and Matthew Tannenbaum for the Justice Department’s Civil Rights Division prosecuted the case.
Two Former Tennessee Department of Corrections Officers Plead Guilty for Their Roles in the Assault of an InmateRead the Press Release
Memphis, TN – Two former tactical officers for the Tennessee Department of Corrections Strike Force pleaded guilty for their roles in the assault of an inmate and the cover up that followed at Northwest Correctional Complex in Tiptonville, Tennessee.
Javian Griffin, 38, of Nashville, Tennessee, pleaded guilty yesterday to using unlawful force on an inmate and to providing false information in his official report for the incident. His co-defendant, Sebron Hollands, 33, of Clarksville, Tennessee, pleaded guilty last week to providing false information in his official report regarding the same incident.
“These two defendants used their power as correctional officers to engage in criminal conduct that victimized a person in state custody,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue to hold accountable correctional officers who assault inmates and then try to cover up their criminal conduct.”
"We look to corrections officers to keep prisons safe and secure and to carry out their duties with the utmost integrity,” said U.S. Attorney Kevin G. Ritz for the Western District of Tennessee. “Instead of upholding and enforcing the oath he took, these officers used their position of authority to violate an inmate’s rights and then conceal the harm they caused. No correctional officer is above the law. This office’s National Security and Civil Rights Unit will continue to prioritize the prosecution of public employees who violate the civil rights of others."
“Correctional officers who abuse their authority and harm or cover up harm to inmates whose safety they are charged with undermine the criminal justice system as a whole,” said Special Agent in Charge Douglas S. DePodesta of the FBI Memphis Field Office. “The FBI is committed to protecting the civil rights of all people and will aggressively investigate and bring to justice any officer who violates the civil rights of those they are sworn to protect.”
According to court documents, Griffin admitted that he punched an inmate, identified as K.W., in the head without justification, breaking his jaw. Griffin admitted that at the time he punched K.W., the inmate did not resist or pose a threat justifying his use of force. Griffin and Hollands each admitted that they provided false information in their official reports to obstruct the investigation of the incident.
Pursuant to the plea agreement, the parties agreed to jointly recommend that Griffin serve a 48-month prison sentence. Hollands faces a maximum penalty of 20 years in prison for his false report. A sentencing hearing will take place for Griffin on March 5, 2024. A sentencing hearing for Hollands will take place on Jan. 19, 2024. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Memphis Field Office investigated this case.
Assistant U.S. Attorney David Pritchard for the Western District of Tennessee and Trial Attorneys Andrew Manns and Matthew Tannenbaum for the Justice Department’s Civil Rights Division prosecuted the case.
Tulsa man gets 9 years for assault and strangulationRead the Press Release
TULSA, Okla. - A Tulsa man who assaulted and strangled his victim was sentenced yesterday to nine years for assault resulting in serious bodily injury in Indian country, announced U.S. Attorney Clint Johnson.
U.S. District Judge George K. Frizzell sentenced Vernon Jenedia Neel, 44, a Muscogee citizen, to nine years in federal prison followed by three years of supervised release.
“Vernon Neel has a history of domestic abuse by strangulation,” said U.S. Attorney Clint Johnson. “The strength of the victim and dedication of our law enforcement partners resulted in a sentence that confines a clear threat from our community.”
During the early morning hours of July 3, 2021, the defendant assaulted the victim by striking her repeatedly with his fists and strangling her. The victim sustained serious injuries including a broken nose, a severed lip requiring stitches, a concussion and multiple bruises and abrasions. Neel ran off with her phone and car keys.
Neel has multiple felony convictions for domestic violence involving strangulation. According to court documents, at his first trial one of Neel’s previous victims testified that Neel told her that he enjoyed strangling her because “he liked to watch the fear and the fade in my eyes.” He had also previously violated a protective order.
Neel will remain in custody of the U.S. Marshal Service pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Tulsa Police Department and the FBI conducted the investigation.
Assistant U.S. Attorneys Stacey P. Todd and Vani Singhal prosecuted the case.
Trinitarios Gang Member Convicted of Murdering A Confidential InformantRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that WILLIAM JONES, a/k/a “Principe,” was convicted by a jury of racketeering conspiracy, murder in aid of racketeering, and firearms offenses for his role in the murder of Frederick Delacruz on December 28, 2019. The defendant was found guilty on all counts following an eight-day jury trial before U.S. District Judge Edgardo Ramos.
U.S. Attorney Damian Williams said: “William Jones executed Frederick Delacruz in cold blood because Delacruz had the courage to do the honorable thing and cooperate with law enforcement. We hope today’s verdict will bring some peace to the victim’s family and sends the message that we will not rest until justice is done.”
According to the allegations contained in the Indictment and the evidence presented at trial:
WILLIAM JONES was a high-ranking member of the Trinitarios, a racketeering enterprise that has engaged in a pattern of murder, attempted murder, drug trafficking, fraud, and witness tampering and retaliation. On December 28, 2019, JONES and other Trinitarios members lured Frederick Delacruz from the Bronx, New York, to Suffolk County, New York, where JONES shot and killed Delacruz because Delacruz was acting as a confidential informant for law enforcement.
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JONES, 45, of the Bronx, New York, was convicted of racketeering conspiracy, which carries a maximum penalty of life in prison; murder in aid of racketeering, which carries a mandatory minimum sentence of life in prison; a firearms offense, which carries a maximum penalty of life in prison; and murder through the use of a firearm, which carries a maximum penalty of life in prison.
The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for information purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation, the New York City Police Department, and the Suffolk County Police Department. He also thanked the Suffolk County District Attorney’s Office for their assistance.
The prosecution is being handled by the Office’s Violent & Organized Crime Unit. Assistant U.S. Attorneys Emily A. Johnson, Justin V. Rodriguez, and Christy Slavik are in charge of the prosecution, with the assistance of Paralegal Specialist Grayson Glogoff.
Three Colorado Law Enforcement Agencies Agree to Policies to Ensure Effective Communication with Individuals Who Are Deaf or Hard of HearingRead the Press Release
DENVER—The U.S. Attorney’s Office for the District of Colorado announced today that three Colorado law enforcement agencies—the Clear Creek County Sheriff’s Office, the Idaho Springs Police Department, and the Longmont Public Safety Department—have each agreed to resolve allegations that they violated the Americans with Disabilities Act (ADA) by failing to provide effective communication for individuals who are deaf or hard of hearing. Each agency has agreed to revise its policies in ways that will improve those individuals’ ability to communicate effectively in interactions with law enforcement.
The U.S. Attorney's Office investigated these three law enforcement agencies after receiving ADA complaints from individuals who are deaf. Title II of the ADA requires public entities, including law enforcement agencies, to provide appropriate auxiliary aids and services to ensure effective communication with individuals who are deaf or hard of hearing. Auxiliary aids and services can include items such as computers with video communication software or qualified in-person interpreters.
The incident that led to the investigation of the Clear Creek County Sheriff’s Office (CCCSO) and the Idaho Springs Police Department (ISPD) involved a complainant who is deaf and uses sign language to communicate. The complainant was arrested by ISPD on September 17, 2019. He alleged that during his arrest, he could not hear commands given by ISPD officers from their police vehicle, and that he could not see that ISPD officers were speaking to him because it was dark and the police vehicle’s lights were on. Based on the complainant’s perceived noncompliance, an ISPD officer immediately engaged the complainant in a use of force, bringing him to the ground. The complainant was then handcuffed and repeatedly asked questions by ISPD officers. The complainant alleged that he was unable to understand this questioning because he is deaf, and that even if he could have understood the questioning, he would have been unable to respond to the officers’ questions because his arms were handcuffed behind his back, preventing him from using sign language. The complainant was initially charged with assault and obstructing a peace officer. Those charges were later downgraded to lesser charges and were ultimately dropped.
After the complainant’s arrest, he was transferred to the custody of the Clear Creek County Sheriff’s Office (CCCSO), where he spent four months at the Clear Creek County Jail, as he was unable to post bond. The complainant alleged that during his four months of incarceration in the jail, CCCSO never obtained a sign language interpreter for him or set up a remote interpreter by video. The complainant alleged that he complained to CCCSO on multiple occasions that his rights were being violated, but that throughout his four months in custody, CCCSO did not provide any auxiliary aids and services other than a pen and paper. The complainant alleged that, as a result, he was extremely isolated and became depressed.
The incident that led to the investigation of the Longmont Public Safety Department (LPSD) involved another complainant who is deaf and uses sign language to communicate. The complainant alleged that he was twice called to Trail Ridge Middle School when his son, a student at the school, was facing disciplinary charges. In both instances, the complainant’s son was cited for criminal infractions by a School Resource Officer employed by LPSD. The complainant alleged that he was not provided with auxiliary aids and services that would have enabled him to understand the charges against his son and the subsequent law enforcement proceedings.
To address issues relating to interactions with deaf or hard of hearing individuals, CCCSO, ISPD, and LPSD each entered into a settlement agreement with the United States and agreed to improve their existing policies for communicating with deaf and hard of hearing individuals. The U.S. Attorney’s Office resolved the complaints against CCCSO and ISPD in October 2023 and the complaint against LPSD in March 2023. Under the revised policies, each of these agencies must evaluate the communication needs of individuals who are deaf or hard of hearing, provide those individuals with appropriate auxiliary aids and services, and train their employees on the procedures that apply to interactions with deaf and hard of hearing individuals.
The Department of Justice has reached prior ADA agreements with other Colorado law enforcement agencies, including the Larimer County Sheriff’s Office and the Jefferson County Sheriff’s Office, and with other local governmental entities, including the City of Englewood and the St. Vrain Valley School District, in circumstances where the agreement followed an ADA complaint involving a law enforcement interaction.
“As these resolutions reflect, our office has continued to receive complaints from members of the public who are deaf or hard of hearing about difficulties they experience in their interactions with law enforcement agencies in Colorado,” said U.S. Attorney Cole Finegan. “The measures adopted in these settlement agreements will improve public safety, safeguard the rights of individuals who are deaf and hard of hearing, and ensure that law enforcement officials know what to do when they encounter someone who is deaf or hard of hearing.”
The Department of Justice has now reached resolutions with seven different Colorado governmental entities of ADA complaints arising from law enforcement interactions with individuals who are deaf or hard of hearing.
The United States Attorney’s Office encourages law enforcement and other governmental agencies in Colorado to examine their policies, resources, and training, to ensure that officers and staff know their responsibilities under the ADA to provide effective communication for individuals who are deaf or hard of hearing. If such agencies or members of the public have questions about the ADA or effective communication in law enforcement, they can contact the U.S. Attorney’s Office at [email protected]. Additional resources on effective communication and law enforcement can be found on ADA.gov.
These matters were handled by Assistant U.S. Attorneys Zeyen Wu and Bill Scarpato.
Suburban man convicted of Bitstamp cryptocurrency fraud schemeRead the Press Release
HOUSTON – A 37-year-old Sugarland resident has pleaded guilty to aggravated identity theft in connection with a scheme to fraudulently obtain and launder more than $500,000, announced U.S. Attorney Alamdar S. Hamdani.
Xiaofei Chen admitted he arranged a fraudulent wire of $520,000 from the victims checking account. Chen opened a Bitstamp cryptocurrency exchange account using the victim’s name and driver’s license without the consent or knowledge of the victim.
Chen used the Bitstamp account and other cryptocurrency accounts to convert the proceeds into Bitcoin and laundered the Bitcoin through numerous transactions.
U.S. District Judge Alfred H. Bennett accepted the plea and has set sentencing for Jan. 18, 2024. At that time, Chen faces a mandatory of two years in prison.
Chen was permitted to remain on bond pending that hearing.
FBI conducted the investigation. Assistant U.S. Attorneys Christian Latham and Belinda Beek are prosecuting the case.
Southfield, MI Resident Sentenced to 90 Months in Prison for Possessing with the Intent to Distribute Fentanyl, Heroin and CocaineRead the Press Release
PITTSBURGH, PA– Deyon Robinson was sentenced to 90 months in prison for possessing with intent to distribute 100 grams or more of a mixture containing fentanyl and heroin and 28 grams or more of cocaine base, United States Attorney Eric G. Olshan announced today.
Robinson, age 22 of Southfield, Michigan, was sentenced by United States District Judge William S. Stickman. Judge Stickman ordered that Robinson serve four years of supervised release at the completion of his prison sentence.
On April 26, 2021, Robinson got caught possessing with intent to distribute 150 grams of a mixture containing fentanyl and heroin and 70 grams of crack. He got caught as a result of a Pennsylvania State Police investigation and traffic stop in New Castle, Pennsylvania. Robinson also possessed a loaded Glock pistol and over $2,400 in cash at that time.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Pennsylvania State Police and the Drug Enforcement Administration conducted the investigation leading to the conviction and sentence in this case.
Seventeen Broward Sheriff’s Office Employees Charged with COVID-19 Pandemic Relief FraudRead the Press Release
MIAMI – The U.S. Attorney’s Office, together with federal and local law enforcement partners, announced today federal criminal charges as part of the Department of Justice’s ongoing initiative to prosecute fraud in connection with COVID-19 pandemic relief programs that offered assistance under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL) program, as well as other crimes relating to the pandemic.
The charges were brought in 17 separate cases filed in the United States District Court for the Southern District of Florida. Collectively, the charges allege that 17 defendants participated in independent schemes to defraud the U.S. Small Business Administration (SBA) and participating lenders by fraudulently applying for loans and other relief through the PPP and EIDL program. These programs were designed to provide emergency financial assistance to the millions of Americans who were suffering from the economic effects caused by the COVID-19 pandemic. In total, the defendants allegedly received $495,171 in assistance unlawfully and used the proceeds to unjustly enrich themselves.
During today’s initial hearings, before U.S. Magistrate Judge Patrick M. Hunt in Fort Lauderdale, prosecutors advised the Court that, during the period of the alleged schemes, each of the charged defendants was employed by the Broward Sheriff’s Office (BSO). According to court documents, the U.S. Attorney’s Office, in coordination with the Federal Bureau of Investigation (FBI), Office of Inspector General for the Board of the Governors of the Federal Reserve System and the Consumer Financial Protection Bureau (FRB-OIG), and BSO, has been conducting a criminal investigation to determine whether any BSO employee violated federal law in connection with obtaining or attempting to obtain any form of relief authorized under the CARES Act, such as loans through the PPP and EIDL program.
“Today’s announcement is a reminder that the South Florida Strike Force remains fully committed to its mission - to combat and prevent COVID-19 related financial fraud,” stated U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “The U.S. Attorney’s Office and our law enforcement partners will continue to uncover the fraud schemes and hold anyone involved accountable – regardless of an individual’s role in the community. No matter the amount, we will not allow limited federal tax dollars, which were intended to provide a lifeline to small businesses as they struggled to stay afloat during the economically devastating pandemic lockdown, to be swindled by those who were employed in a position of trust and cast aside their duty to uphold and abide by the law. Our work is not done. This investigation is ongoing.”
“This investigation sends a message to individuals who knowingly and illicitly capitalized on the COVID-19 national emergency to enrich themselves through the CARES Act at the expense of struggling businesses and their employees,” said Jeffrey B. Veltri, Special Agent in Charge, FBI Miami. “While these programs have ended, our commitment to seeking out those who defrauded them has not.”
“Today’s announcement demonstrates our unwavering commitment to holding accountable those who exploit and defraud financial institutions and the government’s pandemic response for personal gain, no matter who they are,” said Brian Tucker, Special Agent in Charge, Eastern Region, Office of Inspector General for the Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau. “I want to commend and thank our agents, the Broward Sheriff’s Office, the FBI, and the U.S. Attorney’s Office for their efforts and their dedication to the pursuit of justice.”
“Department prosecutors around the country, including the COVID-19 Fraud Enforcement Strike Forces, will pursue these SBA pandemic fraud cases for the full 10 years of the extended statute of limitations,” said Department of Justice Director of COVID-19 Fraud Enforcement Michael C. Galdo. “Our partners are closely examining the pandemic data to identify fraud, including fraud by those holding a position of public trust. I would remind anyone who committed fraud, that in order to receive the full benefit from the Department’s policy on self-disclosure, you must disclose before law enforcement knocks on your door.”
“Today’s announcement regarding federal charges against more than a dozen Broward Sheriff’s Office employees is the culmination of a BSO-initiated Office of Inspector General investigation. The investigation began in November 2021, after the BSO Office of Inspector General became aware of Paycheck Protection Program (PPP) fraud as an emerging trend within public service agencies. Shortly thereafter, the BSO Public Corruption Unit received a tip from a BSO employee that several employees may have committed PPP fraud. After being notified that BSO personnel may have participated in fraudulent schemes to defraud the federal government, I ordered an agency-wide investigation of all 5,600 employees – from top to bottom. BSO Public Corruption Unit detectives determined more than 100 employees had submitted applications for the PPP loans. Only the employees who did not obtain the loans legally were subject to criminal investigation. To ensure a thorough and objective investigation was conducted, BSO sought out and partnered with the U.S. Attorney’s Office, the Federal Reserve Board Office of Inspector General and the Federal Bureau of Investigation. For five years, I’ve maintained an organization committed to transparency and accountability. I will continue to expect integrity and commitment to excellence from every BSO employee,” Sheriff Gregory Tony said.
The following cases were announced today:
U.S. v. Stephanie Diane Smith, Case No. 23-mj-6477-PMH
On Oct. 11, Stephanie Diane Smith, 53, of Florida, was charged by criminal complaint with wire fraud.
According to the complaint affidavit, Smith applied for and received two PPP loans on behalf of herself as a sole proprietor doing business as Children 1st Basketball Training and Agape Smith Vending, respectively, based upon materially false information about the borrower’s total gross business income for the year 2019, as well as a falsified Internal Revenue Service (IRS) tax form submitted with her applications. The complaint further alleges that, as part of the fraud scheme, Smith sought forgiveness of the PPP loans she received. According to the complaint, Smith has been employed by BSO since approximately 1996 and held the title of Deputy Sheriff in BSO’s Department of Law Enforcement.
Assistant U.S. Attorney David Snider is prosecuting the case. Assistant U.S. Attorney Darren Grove is handling asset forfeiture.
U.S. v. Katrina Brown, Case No. 23-cr-60169-Altman
On Sept. 14, Katrina Brown, 46, of Florida, was charged by indictment with three counts of wire fraud.
According to the indictment, Brown applied for and received two PPP loans on behalf of herself as a sole proprietor, based upon materially false information about the borrower’s total gross business income for the year 2019, as well as a falsified IRS tax form submitted with her applications. In addition, Brown submitted an application to the SBA for an EIDL that contained materially false information, including, among other things, the borrower’s gross revenues, cost of goods sold, and number of employees.
Assistant U.S. Attorney Trevor Jones is prosecuting the case. Assistant U.S. Attorney Daren Grove is handling asset forfeiture.
U.S. v. Alexandra Acosta, Case No. 23-cr-60170-Scola
On Sept. 14, Alexandra Acosta, 37, of Florida, was charged by indictment with one count of wire fraud.
According to the indictment, Acosta applied for and received a PPP loan on behalf of herself as a sole proprietor, based upon materially false information about the borrower’s total gross business income for the year 2019, as well as a falsified IRS tax form submitted with her application.
Assistant U.S. Attorney Trevor Jones is prosecuting the case. Assistant U.S. Attorney Daren Grove is handling asset forfeiture.
U.S. v. La’Keitha Victoria Lawhorn, Case No. 23-cr-60171-Bloom
On Sept. 14, La’Keitha Victoria Lawhorn, 41, of Florida, was charged by indictment with three counts of wire fraud.
According to the indictment, Lawhorn applied for and received three PPP loans on behalf of herself and her company, Home Empire Enterprises, LLC, based upon materially false information about the borrower’s average monthly payroll and annual gross receipts, as well as falsified IRS tax forms submitted with her applications. The indictment further alleges that, as part of the fraud scheme, Lawhorn sought forgiveness of the fraudulent PPP loans she received.
Assistant U.S. Attorney David Snider is prosecuting the case. Assistant U.S. Attorney Darren Grove is handling asset forfeiture.
U.S. v. Jewell Farrell Johnson, Case No. 23-cr-60172-Martinez
On Sept. 14, Jewell Farrell Johnson, 46, of Florida, was charged by indictment with two counts of wire fraud.
According to the indictment, Johnson applied for and received two PPP loans, one on behalf of herself as a sole proprietor and one on behalf of LRJ Enterprises of South Florida, based upon materially false information about the borrower’s average monthly payroll, as well as falsified IRS tax forms submitted with her applications. The indictment further alleges that, as part of the fraud scheme, Johnson sought forgiveness of the fraudulent PPP loans she received. Additionally, Johnson allegedly applied for a loan through the EIDL program for her company, G.I.G Productions LLC, based upon materially false information about the borrower’s annual gross revenue in 2019.
Assistant U.S. Attorney David Snider is prosecuting the case. Assistant U.S. Attorney Darren Grove is handling asset forfeiture.
U.S. v. Carolyn Denise Wade, Case No. 23-cr-60173-Williams
On Sept. 14, Carolyn Denise Wade, 48, of Florida, was charged by indictment with one count of wire fraud.
According to the indictment, Wade applied for and received a PPP loan on behalf of herself as a sole proprietor based upon materially false information about the borrower’s total gross business income for the year 2019, as well as a falsified IRS tax form submitted with her application. The indictment further alleges that, as part of the fraud scheme, Wade sought forgiveness of the PPP loan she received.
Assistant U.S. Attorney David Snider is prosecuting the case. Assistant U.S. Attorney Darren Grove is handling asset forfeiture.
U.S. v. Rorie Brown, Case No. 23-cr-60174-Williams
On Sept. 14, Rorie Brown, 42, of Florida, was charged by indictment with two counts of wire fraud.
According to the indictment, Brown applied for and received one PPP loan on behalf of himself as the sole proprietor, based upon materially false information about the borrower’s total gross business income for the year 2020, as well as a falsified IRS tax form submitted with his application. In addition, Brown submitted an application to the SBA for an EIDL that contained materially false information, including, among other things, the borrower’s gross revenues, cost of goods sold, and number of employees.
Assistant U.S. Attorney Trevor Jones is prosecuting the case. Assistant U.S. Attorney Daren Grove is handling asset forfeiture.
U.S. v. Alexis Monique Greene, Case No. 23-cr-60182-Dimitrouleas
On Sept. 28, Alexis Monique Greene, 47, of Florida, was charged by indictment with two counts of wire fraud.
According to the indictment, Greene applied for and received two PPP loans based upon materially false information about the borrower’s gross income and purpose for the loan, as well as a falsified IRS tax form submitted with her applications. The indictment further alleges that, as part of the fraud scheme, Greene sought forgiveness of the PPP loans she received.
Assistant U.S. Attorney Marc Anton is prosecuting the case. Assistant U.S. Attorney Annika Miranda is handling asset forfeiture.
U.S. v. Ritchie Noah Dubuisson, Case No. 23-cr-60183-Martinez
On Sept. 28, Ritchie Noah Dubuisson, 25, of Florida, was charged by indictment with one count of wire fraud.
According to the indictment, Dubuisson applied for and received a PPP loan based upon materially false information about the borrower’s gross income and purpose for the loan, as well as a falsified IRS tax form submitted with his application. The indictment further alleges that, as part of the fraud scheme, Dubuisson sought forgiveness of the PPP loan he received.
Assistant U.S. Attorney Marc Anton is prosecuting the case. Assistant U.S. Attorney Joshua Paster is handling asset forfeiture.
U.S. v. Keshondra Tameisha Davis, Case No. 23-cr-60184-Altman
On Sept. 28, Keshondra Tameisha Davis, 37, of Florida, was charged by indictment with one count of wire fraud.
According to the indictment, Davis applied for and received a PPP loan based upon materially false information about the borrower’s gross income for the year 2019 and purpose for the loan, as well as a falsified IRS tax form submitted with her application. The indictment further alleges that, as part of the fraud scheme, Davis sought forgiveness of the PPP loans she received.
Assistant U.S. Attorney Marc Anton is prosecuting the case. Assistant U.S. Attorney Sara Klco is handling asset forfeiture.
U.S. v. Allen Dorvil, Case No. 23-cr-60185-Moore
On Sept. 28, Allen Dorvil, 33, of Florida, was charged by indictment with one count of wire fraud.
According to the indictment, Dorvil applied for and received a PPP loan based upon materially false information about the borrower’s gross income and purpose for the loan, as well as a falsified IRS tax form submitted with his application. The indictment further alleges that, as part of the fraud scheme, Dorvil sought forgiveness of the PPP loan he received.
Assistant U.S. Attorney Marc Anton is prosecuting the case. Assistant U.S. Attorney Marx Calderon is handling asset forfeiture.
U.S. v. Jean Pierre-Toussant, Case No. 23-cr-60189-Moore
On Oct. 5, Jean Pierre-Toussant, 35, of Florida, was charged by indictment with one count of wire fraud.
According to the indictment, Pierre-Toussant applied for and received one PPP loan on behalf of himself as a sole proprietor based upon materially false information about the borrower’s total gross business income for the year 2019, as well as a falsified IRS tax form submitted with his application.
Assistant U.S. Attorney Bertha Mitrani is prosecuting the case. Assistant U.S. Attorney Sara Kleo is handling asset forfeiture.
U.S. v. Ancy Morancy, Case No. 23-cr-60191-Bloom
On Oct. 5, Ancy Morancy, 33, of Florida, was charged by indictment with one count of wire fraud.
According to the indictment, Morancy applied for and received one PPP loan on behalf of himself as the sole proprietor of Moore Services Investment Group, LLC, based upon materially false information about the borrower’s total gross business income for the year 2019, as well as a falsified IRS tax form submitted with his application.
Assistant U.S. Attorney Bertha Mitrani is prosecuting the case. Assistant U.S. Attorney Joshua Paster is handling asset forfeiture.
U.S. v. Marcus Errol Powell, Case No. 23-cr-60192-Gayles
On Oct. 5, Marcus Errol Powell, 37, of Florida, was charged by indictment with one count of wire fraud.
According to the indictment, Powell applied for and received one PPP loan on behalf of himself as the sole proprietor of Bonvivant Industries, LLC, based upon materially false information about the borrower’s total gross business income for the year 2020, as well as a falsified IRS tax form submitted with his application.
Assistant U.S. Attorney Bertha Mitrani is prosecuting the case. Assistant U.S. Attorney Jorge Delgado is handling asset forfeiture.
U.S. v. Derrick J. Nesbitt, Case No. 23-cr-60193-Huck
On Oct. 5, Derrick J. Nesbitt, 46, of Florida, was charged by indictment with two counts of wire fraud.
According to the indictment, Nesbitt applied for and received two PPP loans on behalf of himself as the sole proprietor of Designer Life, LLC, based upon materially false information about the borrower’s total gross business income for the year 2019, as well as a falsified IRS tax form submitted with his application.
Assistant U.S. Attorney Bertha Mitrani is prosecuting the case. Assistant U.S. Attorney Marx Calderon is handling asset forfeiture.
U.S. v. Keith Dunkley, Case No. 23-cr-60197-Smith
On Oct. 6, Keith Dunkley, 46, of Florida, was charged by information with one count of conspiracy to commit wire fraud.
According to the information, Dunkley conspired to cause the submission of false and fraudulent applications and received funds for one PPP loan and one EIDL on behalf of himself as a sole proprietor and for Global Group Alliances, LLC, which applications included materially false information about, among other things, the borrower’s total gross business income for the year 2019, as well as a falsified IRS tax form submitted with his application.
Assistant U.S. Attorney Trevor Jones is prosecuting the case. Assistant U.S. Marx Calderon is handling asset forfeiture.
U.S. v. George Anthony III, Case No. 23-cr-80168-Cannon
On Sept. 14, George Anthony III, 50, of Florida, was charged by indictment with two counts of wire fraud.
According to the indictment, Anthony applied for and received one PPP loan on behalf of himself as a sole proprietor based upon materially false information about the borrower’s total gross business income for the year 2019, as well as a falsified IRS tax form submitted with his application. In addition, Anthony unsuccessfully applied for a second PPP loan using the same false information.
Assistant U.S. Attorney Trevor Jones is prosecuting the case. Assistant U.S. Daren Grove is handling asset forfeiture.
U.S. Attorney for the Southern District of Florida Markenzy Lapointe; Special Agent in Charge Jeffrey B. Veltri, FBI, Miami Field Office; Special Agent in Charge Brian Tucker, Eastern Region, Office of Inspector General for the Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau; and Sheriff Gregory Tony of the Broward Sheriff’s Office (BSO) made the announcement.
FBI Miami, FRB-OIG, and BSO investigated these cases.
The maximum sentence for a wire fraud conviction is 20 years in prison. The maximum sentence for a conspiracy to commit wire fraud conviction, as charged, is 5 years in prison. A federal district court judge would determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
An indictment, information, and complaint contain mere allegations, and all defendants are presumed innocent unless and until proven guilty in a court of law.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
On September 15, 2022, the Attorney General selected the Southern District of Florida’s U.S. Attorney’s Office to head one of three national COVID-19 Fraud Strike Force Teams. The Department of Justice established the Strike Force to enhance existing efforts to combat and prevent COVID-19 related financial fraud. The Strike Force combines law enforcement and prosecutorial resources and focuses on large-scale, multistate pandemic relief fraud perpetrated by criminal organizations and transnational actors, as well as those who committed multiple instances of pandemic relief fraud. The Strike Force uses prosecutor-led and data analyst-driven teams to identify and bring to justice those who stole pandemic relief funds. Additional information regarding the Strike Force may be found at https://www.justice.gov/opa/pr/justice-department-announces-covid-19-fraud-strike-force-teams.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under the case numbers referenced above.
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Rochester man going to prison for COVID fraudRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Kenyatta Phipps, 47, of Rochester, NY, who was convicted of wire fraud, was sentenced to serve 24 months in prison and pay restitution totaling $376,747.23 by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Richard A. Resnick, who handled the case, stated that in February 2020, Phipps filed a federal income tax return for the tax year 2019, reporting wages and interest income of $13,273.00, which resulted in a refund of $696. In August 2020, Phipps attempted four times to file a second 2019 federal income tax return on which he falsely reported additional income he earned in the amount of $333,522 from a company he operated called Platinum Express Cleaning. If the returns were accepted Phipps would have received a fraudulent tax refund of $164,951. After all four attempts were rejected by the IRS, in September 2020, Phipps filed a fraudulent amended federal income tax return for the year 2019, which was accepted by the IRS. In the fraudulent return, Phipps falsely reported that Platinum Express Cleaning received gross receipts of $455,734 from Eastman Kodak Company and had taxes withheld from such income of more than $355,000. This resulted in Phipps receiving a fraudulent tax refund and tax loss to the IRS of $186,570.
In addition to defrauding the IRS, Phipps used information from the false tax returns to submit three fraudulent loan applications in the name of Platinum Express Cleaning to the Small Business Administration (SBA) in attempts to obtain COVID relief funding through the Economic Injury Disaster Loans (EIDL) program provided by the 2020 CARES Act. Phipps also falsely stated on the EIDL loan applications that Platinum Express Cleaning had more than 120 employees which would have qualified his company for $573,200 on EIDL program loans. Prior to funding the EIDLs program loans, the SBA discovered the fraudulent loan applications and did not fund the loans.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent in Charge Thomas Fattorusso.
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Pocatello Man Sentenced to 40 Years in Federal Prison for Producing Child PornographyRead the Press Release
POCATELLO –Trenton Powell, 43, of Pocatello, was sentenced to 40 years in federal prison for sexual exploitation of a child and receipt of child pornography, U.S. Attorney Josh Hurwit announced today. Senior U.S. District Judge B. Lynn Winmill also sentenced Powell to 15 years of supervised release, which will commence upon completing his prison sentence. Powell will also be required to register as a sex offender. A restitution hearing will be set at a later date to determine any restitution owed to the victim by Powell. Powell was convicted of the eight counts by a federal jury on May 2, 2023.
According to testimony and evidence presented at trial, Powell sexually abused the first victim for six years while living in Pocatello. Powell photographed the abuse with his iPhone. Years after the abuse ended, another of Powell’s victims reported the abuse to police. Police later seized Powell’s iPhone. After the phone was forensically examined, police recovered images of Powell sexually abusing the first victim. Both victims testified during the trial and confirmed that Powell was the man who molested them.
“This sentence underscores our commitment to protecting our children from exploitation and abuse,” said U.S. Attorney Hurwit. “This case is a testament to the dedicated efforts of our law enforcement partners and serves as a stark warning to those who would consider victimizing innocent children.”
“This investigation highlights the strength one voice can have against a child predator, even after years have passed.” said Special Agent in Charge Robert Hammer, who oversees HSI operations in the Pacific Northwest. “Because of one victim’s courage, HSI and our partners were able to deliver justice to ensure this man can never again victimize the innocent.”
U.S. Attorney Hurwit credited the cooperative efforts of Homeland Security Investigations in Idaho Falls, the Idaho Falls Police Department, and the Pocatello Police Department, which led to the charges. The case was prosecuted by Assistant U.S. Attorneys John Shirts and Justin Paskett.
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.
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Pinehaven Man Sentenced to 6 Years in Prison for Abusive Sexual ContactRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Leonard Yazzie was sentenced to 78 months in prison. Yazzie, 41, of Pinehaven, New Mexico, and an enrolled member of the Navajo Nation, pled guilty in federal court to abusive sexual contact on July 7, 2023.
According to court documents, on April 30, 2021, following a report from school personnel, Jane Doe disclosed to the Farmington Police Department during a forensic interview that Yazzie had sexually abused her during the summer of 2016. Jane Doe reported three separate incidents over the summer. When Yazzie was interviewed by law enforcement on July 30, 2021, he admitted to touching Jane Doe when she was seven years old.
Upon his release from prison, Yazzie will be subject to 5 years of supervised release and must register as a sex offender.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Ramah Navajo Police Department. Special Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.
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Pharmaceutical production manager sentenced in counterfeit drug trafficking conspiracyRead the Press Release
BEAUMONT, Texas – A Houston man who served as a production manager in a counterfeit drug trafficking scheme has been sentenced to federal prison for drug trafficking and money laundering violations in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs today.
Willis Reed, 61, pleaded guilty to conspiracy and was sentenced to 60 months in federal prison today by U.S. District Judge Marcia A. Crone.
According to the indictment, from April 2014 until August 2021, Reed conspired with ten others including Adam P. Runsdorf, the owner and president of Woodfield Pharmaceutical LLC based in Boca Raton, Florida.
According to information presented in court, Reed was a production manager and director of technical operations at Woodfield Pharmaceutical’s manufacturing facility in Houston, where employees produced more than 500,000 pints of counterfeit cough syrup for Byron Marshall, a Houston drug trafficker. Marshall’s drug trafficking organization sold the counterfeit drugs across Texas, Louisiana, Mississippi, Alabama, Georgia, South Carolina, Tennessee, Wisconsin, California, Florida, Arkansas, and Ohio. Prices generally ranged from $100 to more than $1,000 per one-pint bottle. Depending on the market and brand of cough syrup, prices went as high as $3,800 to $4,000 per pint.
All eleven defendants charged in the indictment, including Reed, pleaded guilty. All eleven have been sentenced. Byron A. Marshall, Tunji Campbell, and Adam Runsdorf pleaded guilty to conspiracy, trafficking in counterfeit drugs, and money laundering conspiracy. Marshall was sentenced to 300 months in federal prison. Campbell, who partnered with Marshall to hatch the scheme, was sentenced to 135 months imprisonment. Runsdorf was sentenced to 72 months imprisonment and ordered to forfeit $5 million and a McLaren sportscar. Chauntell D. Brown pleaded guilty to conspiracy and trafficking in counterfeit drugs and was sentenced to 72 months imprisonment. In addition to Reed, Cheryl A. Anderson, Ashley A. Rhea, Maria Anzures-Camarena, Kalpen Patel, and Jonathan Shaver each pleaded guilty to conspiracy and were sentenced to 60 months imprisonment. Gina Acosta pleaded guilty to conspiracy and was sentenced to 40 months imprisonment. Reed was the last defendant to be sentenced in the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case was investigated by the Drug Enforcement Administration; U.S. Food and Drug Administration Office of Criminal Investigations; Internal Revenue Service-Criminal Investigation; Federal Bureau of Investigation; U.S. Marshals Service; Houston Police Department; Galveston Police Department; Galveston County Sheriff’s Office; Dickinson Police Department; League City Police Department; Pearland Police Department; Pasadena Police Department; Texas City Police Department; Harris County Precent #2; Brazoria County Sheriff’s Office; Fort Bend County Sheriff’s Office; Liberty County Sheriff’s Office; and the Texas National Guard. This case was prosecuted by Assistant U.S. Attorneys John B. Ross, Jonathan C. Lee, and Robert Wells.
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O’Donnell ISD Teacher Convicted at Trial for Enticement of Minor Student Sentenced to 240 MonthsRead the Press Release
A Lubbock man who was convicted at trial for enticement and attempted enticement of a minor was sentenced today to 240 months in federal prison, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Nicholas Dominique Bueno, 28, was convicted, following a bench trial in June 2023, of one count of enticement and attempted enticement of a minor. In May 2023, Mr. Bueno pleaded guilty to three counts of transfer of obscene material to a minor. He was sentenced by U.S. District Judge James Wesley Hendrix, who also order Mr. Bueno to 25 years of supervised release following imprisonment and ordered him to pay a $5,000 assessment to the Justice for Victims of Trafficking Act.
According to court documents, Mr. Bueno was a teacher and coach at O’Donnell High School and “Jane Doe” was a 14 year-old student. In October 2022, a school administrator for O’Donnell High School notified the Lynn County Sheriff’s Office of allegations of an inappropriate relationship between a teacher and a student. An investigation revealed, between September 23, 2022 through October 18, 2022, Mr. Bueno and Jane Doe exchanged thousands of messages. On numerous occasions the messages were controlling, grooming, sexual and enticing in nature.
When interviewed, Mr. Bueno initially denied any communication with Jane Doe outside of school, however, as the interview progressed he admitted to using a second phone to communicate with Jane Doe and admitted he destroyed the phone after the relationship was discovered.
The Lynn County Sheriff’s Office, Federal Bureau of Investigation, Department of Public Safety, and the Lubbock Police Department investigated the case with the full support and assistance of the O’Donnell Independent School District. Assistant U.S. Attorney Callie Woolam and Matt McLeod prosecuted the case.
Ohio Resident Pleads Guilty to Violating Federal Narcotics LawsRead the Press Release
PITTSBURGH, PA – An Ohio resident pleaded guilty in federal court to violating federal narcotics laws, United States Attorney Eric G. Olshan announced today.
Luis Mattei-Albizu, 43, of Columbus, Ohio pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine from March of 2019 through September of 2020 before United States District Judge J. Nicholas Ranjan. Mattei-Albizu is one of thirteen defendants charged in the Indictment returned in this case.
In connection with the guilty plea, the court was advised that the Drug Enforcement Administration began investigating a cocaine and fentanyl trafficking organization that operated throughout the United States, including Florida, Ohio, Pennsylvania, and Puerto Rico. Beginning in December of 2019 and continuing through August of 2020, the DEA received authorization to conduct a Title III wiretap investigation into the organization. Mattei-Albizu was intercepted orchestrating and directing the movement of cocaine through the mail for redistribution. In addition to the intercepted communications, agents seized cocaine, heroin, fentanyl, methamphetamine, ecstasy, marijuana, firearms, and bulk United States Currency from members of the organization.
Judge Ranjan scheduled sentencing for February 7, 2024. The law provides for a total sentence of not less than 5 years to a maximum of 40 years, a fine not to exceed $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Mark V. Gurzo is prosecuting this case on behalf of the government.
The DEA in Pittsburgh, PA; the DEA, Columbus, OH; the DEA, Harrisburg, PA; Homeland Security Investigations (“HSI”), Pittsburgh, PA; HSI, Orlando, FL; Internal Revenue Service-Criminal Investigations; United States Postal Service, Columbus, Ohio; Pennsylvania Office of Attorney General; Lawrence County Drug Task Force – Special Investigations Unit; and New Castle Police Department conducted the investigation leading to the prosecution of Mattei-Albizu.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Nurse practitioner arrested, charged with selling oxymorphoneRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Ostolski, 55, of North Tonawanda, NY, was arrested and charged by criminal complaint with conspiracy to distribute oxymorphone. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that Ostolski is a nurse practitioner working at Acacia Family Health in Lockport, NY, and is authorized to prescribe and dispense controlled substances. According to the complaint, Ostolski over-prescribed oxymorphone dosage units to select individuals who were patients, who then agreed to sell all or a portion of the prescribed pills for a financial profit. The patients were expected to give Ostolski the profits from the sale during their next office visit. The office visits were being billed to insurance including Medicare and Medicaid. Data from the New York State Department of Health Bureau of Narcotics Enforcement shows that between August 2021, and September 2023, Ostolski prescribed his co-conspirator patients collectively approximately 123 controlled substance prescriptions of oxymorphone, totaling in excess of 13,000 oxymorphone pills.
During the course of the investigation, investigators conducted several controlled purchases of oxymorphone from Ostolski, and multiple controlled office visits with Ostolski, during which he received cash payments.
Ostolski made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.
The complaint is the result of an investigation by the Drug Enforcement Administration, Buffalo Resident Office, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Lockport Police Department, under the direction of Chief Steven Abbott, and the Niagara Falls Police Department, under the direction of Chief John Faso. Additional assistance was provided by the Bureau of Alcohol, Tobacco, and Firearms, The New York State Attorney General’s Office, and New York State Department of Health Bureau of Narcotic Enforcement.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Nicholas County Farmer Sentenced for Crop Fraud SchemeRead the Press Release
LEXINGTON, Ky. — A Carlisle, Ky., man, Randall Taulbee, 59, was sentenced to 30 months in federal prison on Thursday, by U.S. District Judge Karen Caldwell, after previously pleading guilty to two counts of conspiring to defraud the United States, by committing crop insurance fraud.
According to his plea agreement, Taulbee, who was a magistrate in Bourbon County from 2018 until his resignation earlier this year, owned and rented farmland in Bourbon and Nicholas Counties, where he produced tobacco and corn that he began to insure through federal crop insurance in 2009 and 2013 respectively. Beginning in at least March 2013 and through November 2017, Taulbee admitted to working with his co-defendants, his brother-in-law, James A. McDonald, his sister, Cherie Lynn Noble, and his insurance agent, to falsify crop insurance policies and claims of loss.
Some examples of how Taulbee defrauded the crop insurance program include falsely stating that he was a New Producer, overreporting his acreage, falsely submitting records from a farm supply store, failing to report crop sales on his insurance claims of loss, and submitting false claims of loss documentation on private Crop Hail crop insurance policies.
Taulbee’s co-defendants have also been sentenced. McDonald received six months in prison, two years of supervised release, and was ordered to pay $718,784 in restitution. Noble received probation and community service and was ordered to pay $263,614 in restitution.
Under federal law, Taulbee and his co-defendants must serve 85 percent of their prison sentences. Upon his release, Taulbee will be under the supervision of the U.S. Probation Office for three years. In addition to his prison sentence, Taulbee was ordered to pay $718,784 in restitution.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jason M. Williams, Special Agent in Charge, United States Department of Agriculture Office of Inspector General; Michael E. Stansbury, Special Agent in Charge, Federal Bureau of Investigation, Louisville Field Office; Bryant Jackson, Special Agent in Charge, Internal Revenue Service-Criminal Investigation; and Juan Garrett, Director, Kentucky Department of Insurance Fraud Investigation Division, jointly announced the sentence.
The investigation was conducted by the United States Department of Agriculture Office of Inspector General, United States Department of Agriculture Risk Management Agency Special Investigations Staff, Federal Bureau of Investigation, Internal Revenue Service-Criminal Investigation, and Kentucky Department of Insurance. The United States was represented by Assistant U.S. Attorneys Kate Dieruf and Andrea Mattingly Williams.
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Nashville Man Sentenced to Twelve Years in Federal Prison for His Role in a Multiple Drug ConspiracyRead the Press Release
NASHVILLE – Defendant Anthony Bryant, 38, of Nashville, was sentenced yesterday to 12 years in federal prison, followed by five years of supervised release, for his role in a poly-drug distribution conspiracy that took place in 2020, announced United States Attorney Henry C. Leventis for the Middle District of Tennessee. Co-defendant Carlos Wall, 48, of Franklin, Tennessee, previously was sentenced to twenty years’ imprisonment, and co-defendant Arthur Kinnard, 38, of Franklin, Tennessee, previously was sentenced to 83 months in federal prison. Co-defendant Samantha Brady, 27, of Nashville, Tennessee, has entered a guilty plea, and is scheduled to be sentenced on October 23, 2023.
Bryant and his co-defendants were charged with multiple crimes by information in 2021. On October 5, 2022, Bryant pled guilty to Conspiracy to Distribute and Possess With Intent to Distribute a kilogram or more of heroin; 400 grams or more of fentanyl; 50 grams or more of methamphetamine; a quantity of cocaine; and a quantity of cocaine base; multiple counts of Distribution and Possession with Intent to Distribute multiple kinds of drugs; possession of a firearm in furtherance of drug trafficking; and possession of a firearm by a prohibited person.
The charges stem from a wiretap investigation into Wall and his co-defendants, in which they were intercepted discussing the distribution of multiple kinds of drugs, including fentanyl. At the sentencing for Bryant yesterday, when discussing the danger of fentanyl, United States District Judge Eli Richardson said, “fentanyl has [left] corpses all over this city.”
"Drug trafficking, and specifically fentanyl trafficking, is having a devastating impact on communities throughout Middle Tennessee. Too many people have lost loved ones to this poison. This prosecution and the lengthy prison sentences handed down in this case reaffirm our commitment to fighting back and to holding drug traffickers accountable," said United States Attorney Henry C. Leventis.
This investigation was conducted by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Metropolitan Nashville Police Department.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Assistant U.S. Attorney Amanda J. Klopf for the Middle District of Tennessee prosecuted the case.
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Myrtle Beach Woman is Sentenced to 78 Months in Federal Prison After Pleading Guilty to Conspiracy to Possess with Intent to Distribute over 400 Grams of FentanylRead the Press Release
FLORENCE, SOUTH CAROLINA —Kelly Brosky, 44, of Myrtle Beach was sentenced to more than six years after pleading guilty to conspiracy to possess with intent to distribute over 400 grams of fentanyl.
Evidence presented to the court showed that in 2021, agents from the Drug Enforcement Administration (DEA) began investigating a possible clandestine pill pressing operation out of Myrtle Beach after learning that multiple pill press machines were sent to Brosky’s and her codefendant’s home. Law enforcement conducted surveillance operations, which led to them executing a search warrant at the home on March 9, 2022.
Agents seized over 6,000 pills, approximately $293,000 in cash, and other valuables. Financial records showed that Brosky and her co-conspirators transferred thousands of dollars in drug proceeds to and from their Cash App accounts.
United States District Judge Joseph Dawson sentenced Brosky to 78 months in prison to be followed by five years of court-ordered supervision. There is no parole in the federal system.
This investigation was a part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case was investigated by the Drug Enforcement Administration (DEA) and the Horry County Police Department. Assistant U.S. Attorney Elizabeth Major is prosecuting the case.
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Michigan Man Pleads Guilty to Investment Fraud Scheme Involving Fake NASA ContractsRead the Press Release
RICHMOND, Va. – A Marne, Michigan, man pleaded guilty today to a wire fraud charge arising from his participation in an investment fraud scheme.
According to court documents, beginning in at least February 2014, Steven Vernon Cross, 52, along with co-defendant Pranit Patil, 34, an Indian national, engaged in a years-long scheme to defraud victims who lent funds to or invested in Cross’s company, Commonwealth Applied Silica Technologies, LLC (CAST). Cross falsely represented to victims that CAST had valuable contracts with the National Aeronautics and Space Administration (NASA) for silica processing. As part of the scheme, Cross provided victims with fake NASA contracts, assisted by Patel, who falsely presented himself as a NASA employee in charge of contracting. Cross led victims to believe that their funds were being invested in profit-making endeavors, when in fact many of the funds were being used to pay Cross’s personal expenses and also being paid out to Patil.
Cross is scheduled to be sentenced on February 16, 2024. He faces a maximum penalty of 20 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Stanley M. Meador, Special Agent in Charge of the FBI’s Richmond Field Office; and Adelle K. Harris, Special Agent in Charge of the National Aeronautics and Space Administration (NASA) Office of Inspector General’s Eastern Field Office, made the announcement after Senior U.S. District Judge Henry E. Hudson accepted the plea.
Assistant U.S. Attorneys Michael C. Moore and Thomas A. Garnett are prosecuting the case.
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. 3:19-cr-158.
Michael Gonzalez Sentenced to 48 Months in Prison for Possessing and Selling Stolen TeslasRead the Press Release
Burlington, Vermont – The United States Attorney’s Office for the District of Vermont stated that on October 11, 2023, Michael Gonzalez, 34, of Shelburne, Vermont, was sentenced by Chief United States District Judge Geoffrey Crawford to a term of 48 months’ imprisonment to be followed by a three-year term of supervised release. Gonzalez previously pleaded guilty to five counts of possessing and disposing of stolen vehicles that had crossed state lines.
According to court records, in 2018 and 2019, Gonzalez executed a scheme to obtain five different, brand new Tesla electric vehicles by falsely indicating he was prepared to pay the full purchase price. Gonzalez never intended to pay for the vehicles. The combined retail price of the five fraudulently obtained vehicles totaled more than $560,000. Gonzalez also submitted false statements to the Vermont Department of Motor Vehicles to obtain title to these cars. Gonzalez sold three of these vehicles to unwitting purchasers, grossing $231,900. When he was unable to sell one of the Teslas, court records explain that Gonzalez drove it onto the frozen surface of Lake Champlain in Shelburne Bay, set it on fire, and submitted an insurance claim for the value of the vehicle.
The sentence also included an order that Gonzalez pay restitution to Tesla in the amount of $493,043.93, and also forfeit $231,900 to the United States.
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the United States Secret Service, the Investigations Unit of the Vermont Department of Motor Vehicles Enforcement & Safety, and the police departments of Shelburne, Vermont, and Seabrook, New Hampshire.
The case was prosecuted by Assistant U.S. Attorneys Jeffrey Davis, John Boscia, Jon Ophardt, Nicole Cate, and Michael Drescher. Gonzalez was represented by Chandler Matson, Esq.
Mexican National Sentenced for Entering the United States After Prior RemovalRead the Press Release
BANGOR, Maine: A Mexican national was sentenced today in U.S. District Court in Bangor for entering the United States after a prior removal.
U.S. District Judge Lance E. Walker sentenced Eduardo Ruiz Rojas, 36, to time served, and he will be turned over to U.S. Immigration and Customs Enforcement for removal to Mexico. Ruiz Rojas had been incarcerated since he was arrested by U.S. Border Patrol agents on April 21 after he and others were discovered in Aroostook County, a short distance from the international boundary.
Immigration records showed that Ruiz Rojas had been previously removed from the U.S. in September 2019 and had not obtained the express consent of the Secretary of the U.S. Department of Homeland Security to reapply for admission.
The U.S. Border Patrol investigated the case.
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Member of Violent New Haven Gang Pleads Guilty to Racketeering ChargeRead the Press Release
KIVEON HYMAN, also known as “Tiny, ” 25, of New Haven, pleaded guilty today before U.S. District Judge Victor A. Bolden in New Haven to an offense stemming from his role in a violent New Haven street gang.
Today’s announcement was made by Vanessa Roberts Avery, United States Attorney for the District of Connecticut; John P. Doyle, Jr., State’s Attorney for the New Haven Judicial District; James Ferguson, Special Agent in Charge, ATF Boston Field Division; Robert Fuller, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England; and New Haven Police Chief Karl Jacobson.
According to court documents and statements made in court, in an effort to address violence in New Haven, including murders and attempted murders, the ATF, FBI, DEA and New Haven Police Department, working closely with the U.S. Attorney’s Office and New Haven State’s Attorney’s Office, have been investigating an ongoing gang war between members and associates of the Exit 8 street gang and rival gangs in the Hill section and other areas of the city. The Exit 8 gang is named after the geographic area accessed by exiting Interstate 91 at Exit 8 in New Haven. Recently, younger members of Exit 8 are identifying themselves with the word “Honcho,” which is derived from the street name of an Exit 8 member who was murdered on Quinnipiac Avenue in February 2020.
The investigation has revealed that Hyman and other members of the Exit 8 gang engaged in drug trafficking, used and shared firearms, and, since June 2018, have committed at least three murders and 16 attempted murders. Exit 8 members and associates stole vehicles, at times from outside of the state, and used those stolen vehicles when committing acts of violence. Gang members also promoted, coordinated, facilitated, and celebrated their narcotics distribution and acts of violence through text messaging and the use of social media applications and websites including Facebook, Instagram, Snapchat and YouTube.
Specifically, on June 16, 2018, Hyman shot and attempted to kill a member and associate of a rival gang, and shot another individual in the vicinity.
Hyman pleaded guilty to one count of conspiracy to engage in a pattern of racketeering activity, an offense that carries a maximum term of imprisonment of 20 years. A sentencing date is not scheduled.
Hyman has been detained since his arrest on March 24, 2023.
This investigation is being conducted by ATF, the FBI, the DEA, the New Haven Police Department, and the New Haven State’s Attorney’s Office, with the assistance of the Connecticut State Police and the Connecticut Forensic Science Laboratory. The case is being prosecuted by Assistant U.S. Attorneys Tara E. Levens, Rahul Kale and Jocelyn C. Kaoutzanis.
This prosecution is a part of the Justice’s Department’s Project Safe Neighborhoods (PSN), Project Longevity and Organized Crime Drug Enforcement Task Forces (OCDETF) programs.
PSN is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone. Project Longevity is a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to commit violence and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it. OCDETF identifies, disrupts, and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Maui Man Receives Ten and a Half Years in Prison for Child Enticement and Drug TraffickingRead the Press Release
HONOLULU – On October 10, 2023, United States Chief District Judge Derrick K. Watson sentenced Lyle Cummings, 47, of Maui, to ten and a half years of imprisonment and seven years of supervised release for attempted coercion and enticement of a child to engage in sexual activity, as well as trafficking cocaine and crack. Cummings was tried before a jury in June 2023, and found guilty on all counts.
At trial, the United States presented evidence that in March 2020, Cummings communicated online for days with a person he believed to be a 13-year-old girl. During the online conversation, Cummings attempted to persuade, induce, entice, or coerce the minor to engage in sexual activity with him. The defendant then drove his truck to meet her at an agreed-upon location in Kihei, Maui. In reality, the defendant had been communicating with an undercover law enforcement officer, and not a 13-year-old minor. When the defendant arrived at the meet-up location, law enforcement arrested him. The next day, law enforcement executed a search warrant on the truck and found, among other items, cocaine and crack packaged for sale.
“This trial revealed how predators like Cummings utilize social media to entice and exploit children, which is appropriately punishable by a mandatory sentence of ten years incarceration,” said U.S. Attorney Clare E. Connors. “The fact Cummings possessed both cocaine and crack when he showed up to engage in sexual activity with a 13-year-old demonstrates the myriad dangers child victims face in these horrific situations.”
“HSI special agents won’t ever relent when it comes to protecting children and arresting individuals who prey on our most vulnerable,” said Homeland Security Investigations (HSI) Honolulu Special Agent in Charge John F. Tobon. “Child exploitation is one of the most serious crimes HSI investigates due to the lasting psychological and physical damage it can inflict on victims. We are proud to work closely with our law enforcement partners to make communities safer.”
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Department’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Homeland Security Investigations conducted the investigation that resulted in the indictment. Assistant U.S. Attorneys Christine Olson and Rebecca A. Perlmutter are prosecuting the case.
Massachusetts Businessman Pleads Guilty to Million Dollar Payroll Tax Fraud SchemeRead the Press Release
BOSTON – A Melrose man pleaded guilty today to a decade-long tax fraud scheme in which he failed to pay employment taxes he had withheld from employees of his two businesses.
Stephen Schofield, 70, pleaded guilty to one count of failure to pay over taxes before U.S. District Judge Denise J. Casper, who scheduled sentencing for Jan. 23, 2024.
Schofield operated and controlled two businesses – Schofield Concrete Forms in Stoneham and Schofields of Melrose, Inc. located in Melrose. For tax years 2010 through 2020, Schofield withheld federal and state employment taxes from his employees’ wages and issued W-2 forms to the employees showing that the taxes had been withheld. However, Schofield did not pay over those taxes to the IRS as required by federal law, resulting in a tax loss of approximately $1,051,000.
The charge of failure to pay over taxes provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, 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.
Acting United States Attorney Joshua S. Levy and Harry Chavis, Jr., Special Agent in Charge of the Internal Revenue Service Criminal Investigation, Boston Field Office made the announcement today. Assistant U.S. Attorney Victor A. Wild of the Securities, Financial & Cyber Fraud Unit is prosecuting the case.
Massachusetts Awarded over $118 Million in Federal Grants to Support Community SafetyRead the Press Release
BOSTON – Acting United States Attorney Joshua S. Levy has announced that $118,366,566 in federal grants has been allocated to the District of Massachusetts to support public safety and community justice initiatives. The grants are part of $4.4 billion in funding awarded by the Justice Department’s Office of Justice Programs (OJP), which help to build community capacity to curb violence, serve victims and youth, and achieve fair outcomes through evidence-based criminal and juvenile justice strategies.
The more than 3,700 OJP grants being awarded this fiscal year will support state, local and community-based efforts and evidence-based interventions that reduce violence, crime and recidivism while delivering treatment and services to those at-risk of justice system involvement. Funding will expand partnerships between criminal justice professionals and behavioral health experts, help people safely and successfully transition from confinement back to their communities, reach crime victims in underserved areas, steer young people away from justice system contact, improve the management of sex offenders and support a wide range of research and statistical activities that will help justice system professionals meet community safety challenges.
“Everyone in this country deserves to be safe in their communities,” said Attorney General Merrick B. Garland. “That is why, in addition to continuing our efforts to identify and prosecute the most violent criminals, the Justice Department is putting every available resource to work to support the efforts of our law enforcement and community partners nationwide. This significant investment will go directly to state and local programs that support the victims of crime, support officer safety and wellness, build the public trust in law enforcement essential to public safety, and help make all of our communities safer.”
“Protecting the people of Massachusetts is my highest priority, and the best way to accomplish that goal is to forge close working relationships with our state and local partners. Federal resources like this are invaluable in the support they provide for comprehensive public safety solutions and resources specific to the unique needs of Massachusetts communities,” said Acting U.S. Attorney Levy. “By investing in state and local programs, we aim to empower victims, enhance officer safety, strengthen public trust in law enforcement, and ultimately create safer communities across Massachusetts.”
In Massachusetts, nearly $60 million has been awarded under OJP’s Bureau of Justice Assistance (BJA), which provides leadership and assistance to local criminal justice programs that improve and reinforce the nation’s criminal justice system. BJA’s goals are to reduce and prevent crime, violence, and drug abuse and to improve the way in which the criminal justice system functions. BJA funding announcements are posted at: https://bja.ojp.gov/news/announcements.
Additionally, over $34 million has been awarded to support crime victim compensation and assistance in Massachusetts under OJP’s Office for Victims of Crime (OVC). This funding will support local victim assistance and compensation programs across Massachusetts to help build capacity to reach those disproportionately affected by crime and victimization. To learn more about OVC funding, visit: https://ovc.ojp.gov/funding.
“Across the country, the Justice Department is working side-by-side with our partners in state and local law enforcement to combat violent crime by using our federal resources to amplify their work on the front lines,” said Deputy Attorney General Lisa O. Monaco. “The billions of dollars in grants announced today will augment those efforts and the tools law enforcement is using to curb violence, counter deadly drug abuse, and promote safety and public trust. Together with our state and local partners, the Department will continue to do everything we can to protect the communities we all serve.”
“The Department of Justice is investing in community-based approaches to violence prevention, law enforcement health and wellness, Tribal courts, improved services for victims, research and data collection efforts, reentry programs, and much more,” said Associate Attorney General Vanita Gupta. “The grants announced today further our commitment to working with our state, Tribal, and local partners to increase public safety, build police-community trust, and ensure safe, healthy, and just communities for all.”
“Every sector of our society — not only the justice system, but nonprofit and faith-based groups, local leaders, and advocates, and people with lived experience who serve as credible messengers — plays a critical role in ensuring public safety and public health,” said OJP Assistant Attorney General Amy L. Solomon. “The Office of Justice Programs is proud to make these substantial investments in building community infrastructure and supporting communities as co-producers of safety and justice.”
Grants will support five major community safety and justice priorities nationwide:
- Awards totaling more than $1 billion will promote safety and strengthen trust, helping communities tackle the proliferation of gun violence in America and restore bonds of trust between community residents and the justice system. Grants will support innovative and evidence-based strategies designed to prevent and reduce violent crime, support the health and safety of law enforcement and public safety professionals, promote rehabilitation and reentry success and address the rise in hate crimes across the country.
- More than $437 million in grant awards will accelerate justice system reforms designed to achieve equal justice and fair treatment for all. Grants will expand access to services among historically underserved and marginalized communities, reduce counterproductive involvement in the justice system, increase opportunities for diversion and build pathways to treatment for people with substance use and mental health disorders.
- Over $192 million will improve the fairness and effectiveness of the juvenile justice system by supporting developmentally appropriate and culturally responsive interventions for youth. Funding will ensure that young people are served at home in their communities whenever possible, are equipped to transition to a healthy adulthood free of crime, and are protected from violence and abuse.
- More than $1.7 billion will expand access to victim services by investing in programs that provide trauma-informed and culturally responsive services to victims. Funding will support thousands of local victim assistance programs across the country and victim compensation programs in every state and U.S. territory, while helping these programs build their capacity to reach those disproportionately affected by crime and victimization.
- Over $418 million in awards will advance science and innovation to strengthen the base of knowledge that policymakers and practitioners can use to design and deploy effective community safety strategies. Awards will support research and data collection on a wide range of public safety issues, help maintain timely and accurate criminal history records, and improve the capacity of crime labs and forensic analysts to solve crimes, absolve the innocent, and deliver justice to victims.
In addition, OJP will award more than $611 million to continue its support of other previously funded programs and congressionally directed spending.
An interactive map that shows where grants are going can be found at: Workbook: OJP Awards Dashboard
Martha's Vineyard Man Pleads Guilty to Armed Robbery of Falmouth BankRead the Press Release
BOSTON – An Edgartown man pleaded guilty today to an armed robbery of a Falmouth bank, during which he zip-tied individuals, brandished a firearm, placed a purported bomb on the counter and fled the scene in the vehicle of a bank customer.
Petar Petyoshin, 40, pleaded guilty to one count of armed bank robbery before U.S. District Court Judge Angel Kelley who scheduled sentencing for Jan. 24, 2024. Petyoshin was charged in July 2023. He was initially arrested on related state charges in May 2023.
On April 8, 2023, Petyoshin departed Martha’s Vineyard aboard a Steamship Authority vessel at 7 a.m. and arrived at Woods Hole in Falmouth. At approximately 8:58 a.m. on April 8, 2023, Petyoshin entered the Rockland Trust Bank in Falmouth, placed an alleged bomb on the teller counter and brandished a firearm. Petyoshin pointed the firearm at the tellers and customers, telling one bank employee, “I’m robbing you,” before having the customers and bank employees zip-tie each other’s hands together. Petyoshin then had two additional tellers place over $20,000 in cash from the bank into a brown bag, took a customer’s car keys and fled the scene in the customer’s vehicle. Petyoshin then boarded a 1:15 p.m. return ferry to Martha’s Vineyard.
On May 23, 2023, Petyoshin was arrested on state charges in connection with the robbery. A subsequent search of his residence in Edgartown, Mass. resulted in the recovery of thousands of dollars in cash bundled together in Rockland Trust money bands, zip ties and clothing items the suspect was captured wearing on surveillance footage both before and after the robbery. Additionally, 57 firearms and a large quantity of ammunition were seized during the search. The same jacket worn by the robber inside the Rockland Trust bank was recovered during a search of Petyoshin’s personal locker at the Oak Bluffs Water Department where he is employed. The investigation also determined that the Facebook page for Petyoshin’s clothing store, Dapper Martha’s Vineyard, displayed photos of the same clothing – including jacket, sunglasses and wig – he wore during the bank robbery.
The charge of armed bank robbery provides for a sentence of up to 25 years in prison, up to five years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and John. E. Mawn Jr., Interim Colonel of the Massachusetts State Police made the announcement today. Valuable assistance was provided by the Falmouth and Edgartown Police Departments; Barnstable County Sheriff’s Department; and the Cape & Islands District Attorney’s Office. Assistant U.S. Attorney Luke A. Goldworm of the Major Crimes Unit is prosecuting the case.
Marion County Convicted Felon Sentenced to More Than Three Years in Prison for Possessing AmmunitionRead the Press Release
Ocala, Florida – Senior United States District Judge Gregory A. Presnell has sentenced Mario Jerard Delancy (33, Ocala) to 3 years and 1 month in federal prison for possessing ammunition as a convicted felon. Delancy was also ordered to forfeit the firearm and ammunition from the offense. Delancy had pleaded guilty on May 8, 2023.
According to court documents, on June 4, 2022, an officer with the Ocala Police Department conducted a traffic stop on Delancy’s vehicle. A search of the vehicle revealed a loaded firearm tucked under the driver’s seat. At the time of the offense, Delancy had a prior state conviction for felony battery. He is, therefore, prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Ocala Police Department and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Sarah Janette Swartzberg.
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.