Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
14 November 2023
Former Gow school administrator charged with possession of child pornographyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Matthew Fisher, 50, of South Wales, NY, was arrested and charged by criminal complaint with possession of child pornography, which carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the complaint, on October 15, 2023, Fisher turned his school-owned laptop into the IT Department because the keyboard was not working properly. On October 24, 2023, an IT employee was notified of a “Low Severity Alert” on Fisher’s school-issued laptop. While searching the laptop, the employee recovered files, which included links such as “Neverland” and “lost boys.” The employee accessed one of the webpages, which depicted naked boys under the age of 10 conducting sexual acts on each other. The employee copied and moved the files to a thumb drive and notified the Head of The Gow School. The thumb drive was turned over to the FBI and the Western New York Regional Computer Forensic Laboratory conducted a preliminary forensic analysis, which recovered images of child pornography. Some of the images appear to be from a covert camera and depict clothed, male children in a bedroom believed to be on campus of The Gow School. The images include timestamps ranging from January of 2019 through September of 2023. Fisher has been terminated from his position at the Gow School.
Fisher made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on November 17, 2023.
The complaint is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.
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.
# # # #
Former Customs Employee Pleads Guilty to Auctioning Online A Customs Declaration Form Signed by A CelebrityRead the Press Release
CHARLOTTE, N.C. – Alan Nordman, 75, of Denver, North Carolina, appeared before U.S. Magistrate Judge David C. Keesler today and pleaded guilty to one count of conveyance of a government record, for auctioning online a customs declaration form signed by a celebrity, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
According to filed court documents and today’s plea hearing, from 1984 to 2014, Norman was an employee of U.S. Customs and Border Protection at the John F. Kennedy International Airport Port of Entry. As Nordman admitted in court today, on April 9, 2022, he unlawfully sold on eBay for $795 an official Customs and Border Protection form 6059B, which is a customs declaration document, signed by Michael Jackson upon his entry into the United States. The form is an official government record belonging to the United States.
Nordman was released on bond following the plea hearing. The charge of conveyance of a government record carries a maximum penalty of one year in prison and a $100,000 fine. A sentencing hearing has not been set.
In making today’s announcement, U.S. Attorney King thanked U.S. Customs and Border Protection Office of Professional Responsibility for their investigation of the case.
Assistant U.S. Attorney Graham Billings of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
Felon Who Fired Pistol in Residential Neighborhood Convicted on Federal Charges for Unlawfully Possessing FirearmRead the Press Release
ROANOKE, VA – A federal jury convicted a Roanoke man for possessing a firearm as a previously convicted felon.
Robert Overstreet II, 31, was previously convicted for malicious wounding, attempted burglary, and distribution of methamphetamine. Overstreet also had a disqualifying misdemeanor conviction for assault and battery on a family member.
According to court documents and evidence presented at trial, on December 14, 2022, a detective with the City of Roanoke Police Department saw Overstreet fire a pistol from an SUV parked in the 1200 block of Hanover Avenue NW. Police stopped the SUV and found a pistol in the driver’s lap. Forensic analysis revealed gunshot residue on both of Overstreet’s hands.
United States Attorney Christopher R. Kavanaugh and Craig Kailimai, Special Agent in Charge of the ATF Washington Field Division, made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Roanoke Police Department investigated the case.
Assistant U.S. Attorneys R. Andrew Bassford, Lee S. Brett and Drew O. Inman 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.
Felon Sentenced to 8 Years in Federal Prison for Unlawfully Possessing Fentanyl, Crack Cocaine, Firearms, and AmmunitionRead the Press Release
CONCORD – A former Manchester man was sentenced in federal court for drug trafficking and firearm offenses, U.S. Attorney Jane E. Young announces.
John Rivera, Jr., 24, was sentenced by U.S. District Court Judge Joseph N. Laplante to 96 months in prison and three years of supervised release. On April 14, 2023, Rivera plead guilty to unlawfully possessing fentanyl and crack cocaine with the intent to distribute and being a prohibited person in possession of a firearm.
On September 16, 2021, the New Hampshire State Police, working in conjunction with the Manchester Police Department, conducted a traffic stop on Rivera’s vehicle in Manchester. During the stop, officers observed a firearm under the driver’s seat. During a subsequent search of the vehicle, officers found approximately 1.2 kilograms of fentanyl, approximately 19.68 grams of crack cocaine, a stolen firearm, a loaded magazine, loose ammunition, drug packaging materials, and a digital scale. Rivera was prohibited from possessing firearms and ammunition based on a prior felony conviction.
“The defendant was a felon that had lost his right to carry firearms and ammunition, and even worse, he illegally possessed a stolen gun while also in the possession of dangerous narcotics,” said U.S. Attorney Jane E. Young. “This Office and our law enforcement partners will continue to thwart efforts to distribute drugs, which often includes enforcing the laws that keep the tools of the trade, like guns, out of drug dealer’s hands.”
“I am very encouraged by this sentence,” says Manchester Police Chief Allen Aldenberg. “John Rivera, Jr represents the dangerous offenders we are targeting in Manchester. Drug sales and associated gun violence are a top priority for this agency. I would like to commend the Manchester detectives and our law enforcement partners on their commitment to this case. The positive outcome is a testament to their hard work.”
This investigation was led by the Manchester Police Department and the New Hampshire State Police. Assistant U.S. Attorney Jennifer C. Davis prosecuted the case.
###
Federal Grand Jury Indicts 23 MS-13 Members and Associates for Alleged Widespread Methamphetamine TraffickingRead the Press Release
LOS ANGELES – Federal and local law enforcement officials this morning announced the unsealing of a federal grand jury indictment charging 23 members and associates of the Mara Salvatrucha-13 (MS-13) transnational street gang who allegedly trafficked pound quantities of methamphetamine and illegally possessed ammunition found in a “ghost gun.”
Today’s takedown resulted in the arrests of 17 MS-13 members and associates who are expected to be arraigned on the 36-count indictment this afternoon in United States District Court in downtown Los Angeles. Four of the federal defendants were already in state custody, and authorities continue to search for two defendants named in the indictment.
As part of this morning’s takedown, law enforcement seized multiple pounds of suspected methamphetamine, fentanyl and cocaine. Authorities this morning also seized nine firearms and approximately $94,000 in cash – with about $50,000 seized from one residence.
“MS-13, one of the largest and most violent gangs in North America, perpetuates a cycle of violence and destruction, the victims of which are most often immigrants from Central America and Mexico and other Latinos,” said United States Attorney Martin Estrada. “The widespread methamphetamine trafficking conspiracy we have charged reveals that drug-trafficking is the primary method MS-13 uses to finance its modus operandi of murder and mayhem.”
“MS-13 members, allegedly at the direction of an incarcerated Mexican Mafia member, were able to wreak havoc on communities in Los Angeles,” said Donald Alway, the Assistant Director of the FBI’s Los Angeles Field Office. “This case is just the latest joint operation targeting MS-13’s transnational criminal enterprise as we continue to make an impact on their ability to intimidate and threaten law abiding citizens in and around Los Angeles.”
“The Los Angeles Police Department appreciates the partnership, commitment and dedication from our partner law enforcement agencies,” said Los Angeles Police Chief Michel Moore. “These arrests will have a meaningful and lasting impact on crime in Los Angeles by taking the leadership and the most violent of these gang members off the street.”
“These street gangs use the sales of illicit drugs to further their criminal enterprise and victimize our communities,” said Los Angeles County Sheriff Robert Luna. “Through our collaboration with our federal and local law enforcement partners, the Los Angeles County Sheriff’s Department was able to assist in the takedown of several violent MS-13 gang members and associates that use fear and intimidation to threaten public safety.”
“Transnational street tangs that prey on our communities with drugs and violence will always be a priority of HSI and their partners,” said Homeland Security Investigations Special Agent in Charge Eddy Wang. “This collaborative takedown shows the resolve of the law enforcement community to make our streets safer.”
Mara Salvatrucha was formed in Los Angeles in the mid-1980s, and the street gang is now comprised of tens of thousands of individuals in at least 10 states and several Central American countries, notably El Salvador. In the mid-1990s, Mara Salvatrucha became associated with the Mexican Mafia and added the number 13 to its name (“M” is the 13th letter of the Spanish and English alphabets).
This case focuses on MS-13 in Los Angeles and its efforts to traffic methamphetamine in their “territory.” The indictment returned November 8 and unsealed today alleges that an imprisoned MS-13 member who also was a member of the Mexican Mafia controlled MS-13 Los Angeles by imposing a rule on all the gang’s Los Angeles-area cliques that required them to buy methamphetamine from Herlyn Barrientos, 46, a.k.a. “Doctorazo,” of Huntington Park, and others. Once the various cliques redistributed the methamphetamine, some profits from that distribution flowed to the imprisoned MS-13 member.
During the period of July 2021 to August 2023, the MS-13 inmate allegedly first designated Pavel Hurtado, 36, a.k.a. “Temper,” of Oxnard, and, later, Eli Grijalva, 34, a.k.a. “Skinny,” of South Los Angeles, to be the overall shot caller for MS-13 Los Angeles. In this role, Hurtado and Grijalva – the indictment’s top two defendants – allegedly oversaw MS-13’s drug trafficking activities and communicated with the MS-13 inmate to coordinate drug trafficking activities for the gang.
MS-13 members used violence and intimidation to control narcotics trafficking in territories controlled by the gang and narcotics sales comprised most of the revenue generated by MS-13. To sell narcotics within MS-13’s territory, one must either be an MS-13 member, an associate, or otherwise have permission from – and pay extortionate rent payments to – MS-13.
Each MS-13 member and associate, along with wholesale narcotics suppliers and street drug dealers, would receive authorization from the shot callers to sell drugs within individual clique territories, and in return, would be required to pay a portion of the drug proceeds, known as a “tax,” to his or her respective MS-13 shot caller for the areas in which narcotics were trafficked.
Agustín Aquino-Martínez, 46, a.k.a. “Chino,” of Lancaster, allegedly acted as treasurer for MS-13 Los Angeles, coordinated the collection of the drug proceeds and “taxes” from each MS-13 Los Angeles clique and was responsible for forwarding those profits and taxes to the MS-13 inmate.
The indictment charges all 23 defendants with one count of conspiracy to possess with intent to distribute and distribute methamphetamine. Thirty-four of the indictment’s 36 counts charge individual MS-13 members and associates – including Hurtado, Grijalva and Barrientos – with distribution of methamphetamine. One of the indictment’s counts accuses an individual gang member of being a felon unlawfully possessing ammunition inside a “ghost gun.”
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
If convicted, each defendant charged with conspiracy to distribute methamphetamine would face a statutory maximum sentence of life in federal prison. The distribution of methamphetamine count is punishable by a statutory maximum of life in federal prison. The illegal possession of ammunition count carries a statutory maximum sentence of 10 years in federal prison.
The FBI’s Los Angeles Metropolitan Task Force on Violent Gangs is investigating this matter. This task force is comprised of the FBI, the Los Angeles Police Department, the Los Angeles County Sheriff’s Department, and Homeland Security Investigations. IRS Criminal Investigation and the California Department of Corrections and Rehabilitation provided substantial assistance.
Assistant United States Attorneys Shawn T. Andrews of the Terrorism and Export Crimes Section and Hava Mirell of the Violent and Organized Crime Section are prosecuting this case.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF program can be found at https://www.justice.gov/OCDETF.
Federal Court Shuts Down San Joaquin County Pharmacy and Orders $1 Million in Civil PenaltiesRead the Press Release
SACRAMENTO, Calif. — Nor-Cal Pharmacies Inc., doing business as Lockeford Drug, and pharmacist/owner Lawrence Howen have agreed to pay $1 million in penalties to resolve allegations of violations of the Controlled Substances Act, U.S. Attorney Phillip A. Talbert announced.
In the settlement announced today, the defendants agreed to the entry of a permanent injunction against them that permanently bars them from dispensing controlled substances, owning a company that dispenses controlled substances, or employing another person that dispenses controlled substances.
The injunction, signed by U.S. District Judge Ana de Alba today, includes findings that the defendants knew or deliberately ignored that they were dispensing controlled substances pursuant to prescriptions that were not for a legitimate medical purpose. Specifically, the injunction states that the defendants dispensed 116,330 pills, including more than 100,000 oxycodone and hydrocodone pills, based on invalid prescriptions presented by Joe Anthony Bernal, a defendant charged in the Northern District of California in a separate criminal case (4:19-cr-00585). They did so despite circumstances that were highly suggestive that Bernal was not presenting them with legitimate prescriptions. As also stated in the injunction, the defendants took no steps to determine the validity of Bernal’s purported prescriptions and were not concerned if those medications caused patient harm. Bernal is charged with conspiring with several others to illegally acquire and distribute oxycodone and hydrocodone. The charges against Bernal are pending and are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
“As a pharmacy that fills prescriptions for opioids and other dangerous drugs, the defendants had an obligation to fill only legitimate prescriptions,” U.S. Attorney Talbert said. “The defendants failed to comply with that obligation, and thereby failed in their responsibility to prevent the opioids from being diverted into illicit channels. This case demonstrates our firm commitment to enforcing federal laws involving prescription drugs.”
“The defendants went from pharmaceutical provider to drug dealer when they knowingly provided controlled substances without a legitimate medical purpose,” said DEA Special Agent in Charge Brian M. Clark. “This egregious behavior by a trusted individual and entity not only fuels the fire of the opioid epidemic, but also wreaks havoc on the community they serve. DEA is committed to keeping our communities safe and healthy and will hold registrants accountable by ensuring they are in compliance with the law.”
This case was the product of an investigation by the Drug Enforcement Administration with assistance from the California Board of Pharmacy. Assistant U.S. Attorney Steven S. Tennyson handled the case.
Fayette County Man Sentenced for Trafficking Fentanyl and Heroin MixtureRead the Press Release
FRANKFORT, Ky.— A Lexington, Ky., man, Allante Ramone Brown, 27, was sentenced to 99 months in federal prison and 5 years supervised release on Tuesday, by U.S. District Judge Gregory VanTatenhove, for possession with intent to distribute 40 grams or more of a fentanyl and heroin mixture.
According to Brown’s plea agreement, on November 3, 2021, law enforcement conducted a traffic stop on a vehicle driven by Brown. Law enforcement searched Brown’s vehicle and found 97.7 grams of a fentanyl and heroin mixture and $1,670 in cash, both amounts being consistent with drug distribution amounts. Brown has two prior felony convictions for Robbery Second Degree and Possession of a Firearm by a Convicted Felon. Brown had been released from prison just 12 days before his arrested on this charge. Brown was also on federal supervised release at the time of the commission of this offense.
Under federal law, Brown must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for five years.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; Phillip J. Burnett, Commissioner of the Kentucky State Police (KSP), and Chief Lawrence Weathers, Lexington Police Department, jointly announced the sentence.
The investigation was conducted by the ATF, KSP, and Lexington Police Department. Assistant U.S. Attorney Roger West prosecuted the case on behalf of the United States.
– END –
Elkhart Man Convicted of Firearm OffenseRead the Press Release
SOUTH BEND – Nathan Keosackdy, 24 years old, of Elkhart, Indiana, was found guilty of unlawful possession of a firearm by a felon following a two-day jury trial presided over by United States District Court Senior Judge Jon E. DeGuilio, announced United States Attorney Clifford D. Johnson.
Keosackdy is scheduled for sentencing on March 14, 2024. Any specific sentence to be imposed will be determined by the District Court Judge after consideration of federal statutes and the United States Sentencing Guidelines.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the South Bend Police Department and the Mishawaka Police Department. The case was prosecuted by Assistant United States Attorneys Jerome W. McKeever and Lydia T. Lucius.
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.
Eleven Individuals Involved in International Drug Trafficking and Money Laundering Organization IndictedRead the Press Release
CLEVELAND – Federal, state, local, and international law enforcement officials today announced that 11 individuals were charged for their roles in an international drug trafficking conspiracy that involved the importation of fentanyl, synthetic opioids, and synthetic cannabinoids into the United States, and the distribution of those drugs in Ohio, Pennsylvania, Kentucky, Tennessee, and elsewhere domestically. Several charged defendants were arrested earlier this morning and transported to federal court in Cleveland, while the others are in custody elsewhere, including Italy.
This announcement is made by United States Attorney Rebecca C. Lutzko, DEA Special Agent in Charge Orville Greene, and Ohio Director of Public Safety Andy Wilson.
“From the confines of the Ohio Penitentiary, Brian Lumbus led an international and interstate drug trafficking organization that brought fentanyl and other, more potent synthetic drugs from overseas factories to the streets of our region,” said United States Attorney Rebecca C. Lutzko. “Several others, both in the United States and outside it, acted in concert with Lumbus to do what he physically could not: obtain, assemble, and repackage those drugs, then mail or deliver them to other conspirators for further distribution. As this indictment reflects, the United States Attorney’s Office will continue its collaborative efforts with federal, state, local, and international partners to identify, target, and dismantle drug trafficking organizations, whether the suppliers of such poisons are in the Northern District of Ohio or a continent away. I thank our partners at DEA, the Ohio Department of Public Safety, and the Italian government for their tireless efforts to identify and apprehend significant players in the illegal drug trade.”
“As alleged in today’s indictment, the defendants orchestrated an international conspiracy to peddle fentanyl and other deadly drugs across the Ohio Valley, with complete disregard for the lives of their victims,” said Deputy Attorney General Lisa O. Monaco. “Alongside our law enforcement partners across the country and around the world, the Justice Department will relentlessly pursue all those who seek to profit from poisoning Americans—including when they try to exploit international boundaries and digital currencies to disguise their illicit trade.”
“Brian Lumbus led an elaborate drug trafficking network that imported dangerous synthetic drugs and other substances from foreign-based suppliers to then distribute to customers throughout the region” said DEA Special Agent in Charge Orville Greene. “The outstanding assistance and support DEA received from our foreign and domestic counterparts led to the successful apprehension of Lumbus and his co-conspirators. Today’s actions send a clear message that law enforcement will work locally, and even across international borders, to seek justice against criminal organizations."
“Governor Mike DeWine and the Ohio Department of Public Safety are extremely proud of the work done by the investigative team in this case,” said Director Andy Wilson, “This investigation is an excellent example of the great work that can be done when you have seamless cooperation between state, federal and international partners. The work done by this investigative team will truly make Ohio a safer place for our friends, our families, and our children.”
The following defendants are charged in the 34-count indictment:
- Brian Lumbus, Jr., AKA B, 43, of Cleveland, Ohio,
- Giancarlo Miserotti, AKA Karl, 51, of Italy,
- Brianna Lumbus, 22, of Cleveland, Ohio,
- Kayla S. Goudlock, 25, of North Royalton, Ohio,
- Jennifer Robinson, 38, of Tennessee,
- Latasha Harris, 40, of Toledo, Ohio,
- Dominique Hammond, 37, of Pittsburgh, Pennsylvania,
- Wanda Ward, 46, of Johnson City, Tennessee,
- Marchello Lumbus, AKA Chello, 42, of Cleveland, Ohio,
- Jessica Cochran, 28, of Lorain, Ohio,
- Braisia Lumbus, 23, of Cleveland, Ohio.
The defendants were all charged in a conspiracy to distribute and possess with intent to distribute controlled substances. Additionally, six defendants were charged with substantive possession with intent to distribute controlled substances offenses. Nine defendants were charged with interstate travel in aid of racketeering, and eight were charged in an international money laundering conspiracy. Finally, nine of the defendants were charged with using a communications facility to facilitate a felony drug offense.
According to the indictment, between as early as April 28, 2016, and continuing through November 1, 2023, the defendants did knowingly and intentionally conspire with each other to distribute and possess with the intention to distribute mixtures and substances containing fentanyl, a Schedule II controlled substance; as well as Isotonitazene, Metonitazene, Alpha-PiHP, and ADB-BUTINACA, all Schedule I synthetic opioid or cannabinoid controlled substances.
While incarcerated in an Ohio state prison, Brian Lumbus, Jr., orchestrated the operation, ordering significant quantities of these drugs from Giancarlo Miserotti, an Italian citizen and resident. Miserotti arranged for kilogram quantities of these controlled substances to be exported from several foreign countries first to Italy, then to the United States, for redistribution by conspiracy members. Investigators with the Ohio Department of Rehabilitation and Correction discovered evidence of the criminal activity of this group in the institution and they immediately alerted the Ohio State Highway Patrol and the DEA for further investigation. It was determined that U.S.-based conspirators received the foreign shipments, cut and mixed the drugs, and redistributed them. Other members of the conspiracy used Bitcoin cryptocurrency to pay Miserotti for the drugs.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, each defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum, and, in most cases, it will be less than the maximum.
This investigation 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.
The investigation preceding the indictments was conducted by the DEA, and the Ohio State Highway Patrol and the Ohio Department of Rehabilitation and Correction.
This case is being prosecuted by Assistant U.S. Attorneys Colleen Egan and Robert J. Kolansky. The Justice Department’s Office of International Affairs provided substantial assistance.
Eleven Individuals Involved in International Drug Trafficking and Money Laundering Organization IndictedRead the Press Release
Federal, state, local, and Italian law enforcement officials today announced that 11 individuals were charged for their roles in an international drug trafficking conspiracy that involved the importation of fentanyl, synthetic opioids, and synthetic cannabinoids into the United States, and the distribution of those drugs in Ohio, Pennsylvania, Kentucky, Tennessee, and elsewhere domestically. Several charged defendants were arrested earlier this morning and transported to federal court in Cleveland, while the others are in custody elsewhere, including Italy.
“As alleged in today’s indictment, the defendants orchestrated an international conspiracy to peddle fentanyl and other deadly drugs across the Ohio Valley, with complete disregard for the lives of their victims,” said Deputy Attorney General Lisa O. Monaco. “Alongside our law enforcement partners across the country and around the world, the Justice Department will relentlessly pursue all those who seek to profit from poisoning Americans – including when they try to exploit international boundaries and digital currencies to disguise their illicit trade.”
“From the confines of the Ohio Penitentiary, Brian Lumbus led an international and interstate drug trafficking organization that brought fentanyl and other, more potent synthetic drugs from overseas factories to the streets of our region,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “Several others, both in the United States and outside it, acted in concert with Lumbus to do what he physically could not: obtain, assemble, and repackage those drugs, then mail or deliver them to other conspirators for further distribution. As this indictment reflects, the U.S. Attorney’s Office will continue its collaborative efforts with federal, state, local, and international partners to identify, target, and dismantle drug trafficking organizations, whether the suppliers of such poisons are in the Northern District of Ohio or a continent away. I thank our partners at the Drug Enforcement Administration (DEA), the Ohio Department of Public Safety, and the Italian government for their tireless efforts to identify and apprehend significant players in the illegal drug trade.”
“Brian Lumbus led an elaborate drug trafficking network that imported dangerous synthetic drugs and other substances from foreign-based suppliers to then distribute to customers throughout the region,” said Special Agent in Charge Orville Greene of the DEA Detroit Field Division. “The outstanding assistance and support DEA received from our foreign and domestic counterparts led to the successful apprehension of Lumbus and his co-conspirators. Today’s actions send a clear message that law enforcement will work locally, and even across international borders, to seek justice against criminal organizations."
The following defendants are charged in the 34-count indictment:
- Brian Lumbus Jr., aka B, 43, of Cleveland;
- Giancarlo Miserotti, aka Karl, 51, of Italy;
- Brianna Lumbus, 22, of Cleveland;
- Kayla S. Goudlock, 25, of North Royalton, Ohio;
- Jennifer Robinson, 38, of Tennessee;
- Latasha Harris, 40, of Toledo, Ohio;
- Dominique Hammond, 37, of Pittsburgh;
- Wanda Ward, 46, of Johnson City, Tennessee;
- Marchello Lumbus, aka Chello, 42, of Cleveland;
- Jessica Cochran, 28, of Lorain, Ohio; and
- Braisia Lumbus, 23, of Cleveland.
The defendants were all charged in a conspiracy to distribute and possess with intent to distribute controlled substances. Additionally, six defendants were charged with substantive possession with intent to distribute controlled substances offenses. Nine defendants were charged with interstate travel in aid of racketeering, and eight were charged in an international money laundering conspiracy. Finally, nine of the defendants were charged with using a communications facility to facilitate a felony drug offense.
According to the indictment, between as early as April 28, 2016, and continuing through Nov. 1 of this year, the defendants did knowingly and intentionally conspire with each other to distribute and possess with the intention to distribute mixtures and substances containing fentanyl, a Schedule II controlled substance; as well as Isotonitazene, Metonitazene, Alpha-PiHP, and ADB-BUTINACA, all Schedule I synthetic opioid or cannabinoid controlled substances.
While incarcerated in an Ohio state prison, Brian Lumbus Jr. orchestrated the operation, ordering significant quantities of these drugs from Giancarlo Miserotti, an Italian citizen and resident. Miserotti arranged for kilogram quantities of these controlled substances to be exported from several foreign countries first to Italy, then to the United States, for redistribution by conspiracy members. Investigators with the Ohio Department of Rehabilitation and Correction discovered evidence of the criminal activity of this group in the institution and they immediately alerted the Ohio State Highway Patrol and the DEA for further investigation. It was determined that U.S.-based conspirators received the foreign shipments, cut and mixed the drugs, and redistributed them. Other members of the conspiracy used Bitcoin cryptocurrency to pay Miserotti for the drugs.
If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This investigation 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.
The DEA, Ohio State Highway Patrol, and Ohio Department of Rehabilitation and Correction investigated the case.
Assistant U.S. Attorneys Colleen Egan and Robert J. Kolansky for the Northern District of Ohio are prosecuting the case. The Justice Department’s Office of International Affairs provided substantial assistance.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
El Cajon Woman Admits to Coordinating the Transportation of More than 75 Undocumented Immigrants and Collecting $1 Million in PaymentsRead the Press Release
NEWS RELEASE SUMMARY – November 14, 2023
SAN DIEGO – Blanca Estella Gomez of El Cajon pleaded guilty in federal court today, admitting that she managed and directed drivers who transported undocumented immigrants within the United States.
In her plea agreement, Gomez said she coordinated with individuals in Mexico who smuggled immigrants across the border. Gomez directed her drivers to pick up the immigrants in the United States, told the drivers where to take the immigrants, and told them how much money to collect.
According to her plea agreement, Gomez admitted that one driver working for her transported more than 75 immigrants from October 2021 to April 2022. Gomez said that the same driver collected and delivered to her more than $1 million in payments for alien smuggling.
“The coordinated effort to bring this defendant to justice underscores the power of our law enforcement partnerships along the southern border to dismantle criminal smuggling operations at every level,” said U.S. Attorney Tara McGrath.
“Human smuggling is a serious and dangerous offense,” said Sidney K. Aki, Director of Field Operations for Customs and Border Protection’s San Diego Field Office. “This effort was an outstanding demonstration of law enforcement partnership and commitment to dismantling criminal organizations that exploit vulnerable migrants for profit.”
The defendant is scheduled to be sentenced on February 2, 2024, at 9 a.m. before U.S. District Judge Ruth Bermudez Montenegro.
This case is being prosecuted by Assistant U.S. Attorneys Daniel D. Shin and Michael A. Deshong of the Southern District of California.
DEFENDANTS Case Number 23cr1120-RBM
Blanca Estella Gomez Age: 47 El Cajon, California
SUMMARY OF CHARGES
Conspiracy to Transport Aliens – Title 8, United States Code, Section 1324(a)(1)(A)(ii) and (v)(I)
Maximum penalty: Ten years in prison and $250,000 fine
AGENCY
Homeland Security Investigations
United States Customs and Border Protection
Dual Brazilian/U.S. Citizen Indicted for Producing, Distributing, Receiving, and Possessing Child Sexual Abuse MaterialRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Octavio Nogueira Pessoa (31, Largo) with three counts of production, one count of distribution, one count of receipt, and one count of possession of child sex abuse material. If convicted, Pessoa faces a maximum penalty of 30 years in federal prison for each possession count, and up to 20 years in federal prison for each of the remaining counts. Pessoa has been ordered detained pending trial.
According to the indictment and evidence presented in open court, in December 2021, law enforcement executed a search warrant at Pessoa’s residence after receiving a tip related to child sexual abuse material. During the search, law enforcement discovered that Pessoa was in a romantic relationship with his adult cousin who lived in Brazil. As part of that relationship, the couple openly discussed sexually abusing children in their family and recording those acts. On occasion, Pessoa directed his cousin to sexually abuse children and record the explicit conduct, including conduct involving an 8-year-old victim. In addition to these conversations, during the search warrant, law enforcement discovered thousands of images and videos of child sexual abuse material on Pessoa’s devices.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Homeland Security Investigations Tampa, with substantial assistance from the Largo Police Department and the Brazilian Department of Federal Police. The Justice Department’s Office of International Affairs also provided assistance. It will be prosecuted by Assistant United States Attorney Erin Claire Favorit.
This is another case 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 the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Defendant Sentenced to 90 Months in Prison for Distribution of Child PornographyRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that EFREM ZELONY-MINDELL was sentenced to 90 months in prison by U.S. District Judge Paul A. Engelmayer for distribution of child pornography.
According to documents filed in this case and statements made in related court proceedings:
From April 2022 to December 2022, ZELONY-MINDELL communicated with two undercover Federal Bureau of Investigation (“FBI”) agents on an encrypted messaging service. In the conversations, ZELONY-MINDELL repeatedly expressed in graphic and unambiguous terms their desire to engage in sexual activity with minor children and sent the undercover agents numerous images and videos containing child pornography.
In conversations with one of the undercover agents who was posing as the father of a nine-year-old boy, ZELONY-MINDELL made clear that they wanted to engage in sexual activity with the purported child. ZELONY-MINDELL and the undercover agent discussed a plan to meet for the purpose of ZELONY-MINDELL engaging in sexual activity with the child. When told by the undercover agent that the child would be “knocked out a little bit” on sleep medication during the planned sexual activity, ZELONY-MINDELL agreed to have sex with the drugged child.
ZELONY-MINDELL and the undercover agent agreed to meet on December 16, 2022, in lower Manhattan with the understanding that they would return to the undercover agent’s apartment afterward, and ZELONY-MINDELL would then engage in sexual activity with the child. ZELONY-MINDELL arrived at the scheduled time and location and was arrested. Subsequently, law enforcement identified thousands of images and videos containing child pornography on the defendant’s phones and computers.
* * *
In addition to the prison term, ZELONY-MINDELL, 36, of Fayetteville, Arkansas, was sentenced to five years of supervised release.
Mr. Williams praised the efforts of the FBI and the members of the Child Exploitation and Human Trafficking Task Force in connection with this investigation.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant U. S. Attorney Lisa Daniels is in charge of the prosecution.
Convicted Felon Accused of Lying on COVID-19 Loan Applications to Obtain over $182,000Read the Press Release
UPDATE
Upon motion of the United States, the indictment described in the press release below against Carter Lane Lucas in this case was dismissed on November 21, 2024.
SALT LAKE CITY – A federal grand jury in Salt Lake City returned an indictment charging a Utah resident with wire fraud after he allegedly lied about his criminal history when applying for multiple small business loans during the COVID-19 pandemic.
According to court documents, Carter Lane Lucas, 47, of Herriman, Utah, defrauded the COVID-19 relief programs dubbed the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan Program (EIDL) out of approximately $182,800 in loan funds. From April 2020 to August 2021, Lucas submitted multiple fraudulent PPP- and EIDL-Loan applications through Mountain America Credit Union and the Small Business Administration (SBA) and then used the loan proceeds for his personal benefit. According to court documents, during his PPP-Loan application submission, Lucas falsely asserted that he had not been convicted of a felony within the last five years, when in fact he had. In his EIDL-Loan application, and when submitting his EIDL-Loan modification request, Lucas falsely claimed that other than a minor vehicle violation, he had no criminal history. Lucas submitted his fraudulent PPP-Loan application and EIDL-Loan application and modification request using interstate wires.Lucas is charged with three counts of wire fraud. His initial court appearance on the indictment is scheduled for Nov. 15, 2023, at 2:00 p.m. in courtroom 8.4 before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The Utah Federal COVID-19 Fraud Strike Force is investigating the case, which includes the Office of Inspector General U.S. Small Business Administration (SBA-OIG), U.S. Treasury Inspector General for Tax Administration (TIGTA), Homeland Security Investigations (HSI), and the Federal Bureau of Investigation (FBI).
Assistant United States Attorney Todd C. Bouton of the District of Utah is prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by 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 and https://www.justice.gov/coronavirus/combatingfraud.
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.
carterlanelucas.motionforleavetodismissindictment.pdf carterlanelucas.ordergrantingleavetodismissindictment.pdf CarterLLucas.Indictment.Unsealed
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.Congressional Campaign Staffer Pleads Guilty to Wire FraudRead the Press Release
CENTRAL ISLIP, NY – Earlier today, Samuel Miele pleaded guilty at the federal courthouse in Central Islip to wire fraud committed while he was working as a fundraiser for a candidate seeking election to the U.S. House of Representatives (Candidate #1). Miele agreed to pay $109,171 in restitution, $69,136 in forfeiture, and a separate stipulated payment of $470,000 to a contributor. The proceeding was held before United States District Judge Joanna Seybert.
Breon Peace, United States Attorney for the Eastern District of New York, Nicole M. Argentieri, Acting Assistant Attorney General of the Justice Department’s Criminal Division, James Smith, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Anne T. Donnelly, District Attorney, Nassau County, announced the guilty plea.
"The defendant used fraud and deceit to steal more than one hundred thousand dollars from his victims, funneling this money into the campaign committees of candidates for the House, and into his own pockets,” stated United States Attorney Peace. “Defrauding potential political contributors undermines our democracy, and we will vigorously prosecute such conduct.”
“Today, Samuel Miele admitted to engaging in multiple frauds designed to improperly raise election campaign funds and for his own personal benefit. Miele now rightly faces punishment in the criminal justice system for his criminal acts. The FBI is committed to enforcing the laws that protect the integrity of electoral process – the hallmark of our democracy,” stated FBI Assistant Director-in-Charge Smith.
“This defendant misrepresented himself as a high-ranking congressional aide to deceived political donors and used their money to pad his own pocket and the coffers of a candidate,” District Attorney Donnelly stated. “The integrity of fundraising practices is essential for fair elections. We stand alongside our federal partners to protect our electoral institutions and are proud to assist in this prosecution.”
As part of the scheme, Miele impersonated a high-ranking aide to a member of House leadership while soliciting funds for Candidate #1’s campaign. As part of his plea, Miele also admitted that he committed access device fraud by charging credit cards without authorization for contributions to the campaigns of Candidate #1 and other candidates, as well as for Miele’s personal use. When sentenced, he faces up to 20 years in prison.
The FBI is investigating the case with assistance from the Nassau County District Attorney’s Office.The government’s case is being prosecuted by the Office’s Public Integrity Section and Long Island Criminal Division, and the Criminal Division’s Public Integrity Section. Assistant United States Attorneys Ryan Harris, Anthony Bagnuola, and Laura Zuckerwise, along with Trial Attorneys John Taddei and Jacob Steiner are in charge of the prosecution, with assistance from Paralegal Specialist Rachel Friedman.
The Defendant:
SAMUEL MIELE
Age: 27
New York, NYE.D.N.Y. Docket No. 23-CR-327 (JS)
Congressional Campaign Staffer Pleads Guilty to Wire FraudRead the Press Release
A congressional campaign staffer pleaded guilty today to wire fraud in connection with a scheme to fraudulently obtain political contributions.
According to court documents, Samuel Miele, 27, of New York, worked as a fundraiser for a candidate seeking election to the U.S. House of Representatives (Candidate #1). As part of the scheme, Miele impersonated a high-ranking aide to a member of House leadership while soliciting funds for Candidate #1’s campaign. Miele also admitted that he committed access device fraud by charging credit cards without authorization for contributions to Candidate #1’s and other candidates’ campaigns, as well as for Miele’s personal use.
Miele is scheduled to be sentenced on April 30, 2024, and faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Breon Peace for the Eastern District of New York, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Assistant Director in Charge James Smith of the FBI New York Field Office made the announcement.
The FBI is investigating the case, with assistance from the Nassau County District Attorney’s Office.
Trial Attorneys Jacob Steiner and John Taddei of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Ryan Harris, Anthony Bagnuola, and Laura Zuckerwise for the Eastern District of New York are prosecuting the case, with assistance from Paralegal Specialist Rachel Friedman.
Cicero Man Sentenced to Thirty Years in Federal Prison After Sexually Exploiting Children He Lured by Offering Vape Pens on SnapchatRead the Press Release
INDIANAPOLIS- Jacob Glenn, 26, of Cicero, Indiana, has been sentenced to 30 years in federal prison after pleading guilty to sexual exploitation and sex trafficking of a child.
According to court documents, Jacob Glenn used Snapchat to communicate with girls between 13- and 15-years-old, falsely claiming to be a teen boy and offering to purchase nicotine or vape pens in exchange for sex. Glenn’s Snapchat username, “theplugfogshyde” was intended to indicate that he could obtain vape pens for others he met online.
On two occasions in 2021, Glenn coerced and enticed a girl between 12- and 15-years-old, to sneak out of her home after midnight to get vapes from him, including on Christmas Eve. Glenn picked the child up and drove her to a nearby truck stop where he told her that he would not accept cash for the vapes. Instead, Glenn stated that they could work out a “deal” where she could pay him with sex. Glenn picked up the same child again on January 17, 2022, and coerced and enticed her to engage in sex acts in exchange for vape pens. He used his phone to record the sexual conduct he engaged in with the child and instructed her to not tell anyone about his abuse. Glenn later used Snapchat to send a copy of the child sexual abuse video to two other minor girls.
Glenn engaged in a similar course of criminal conduct with another minor girl he met on Snapchat between December 2021 and January 2022. The second victim was less than 14-years-old. On January 9, 2022, after a conversation via Snapchat, Glenn picked the second victim up near her home, drove her to a nearby truck stop, and engaged in sexual conduct in exchange for vape pens. Glenn also attempted to convince a child who was a friend of the second victim to engage in sex in exchange for vapes, but they did not meet in person.
A law enforcement review of Glenn’s Snapchat account found conversations between Glenn and multiple other girls between thirteen and fifteen years old. In some of these conversations, Glenn offered nicotine or alcohol in exchange for sex or nude images.
Glenn has a history of engaging in unlawful sex acts with children. In October 2020, Glenn engaged in sex with a girl who was between 14- and 15-years-old. Glenn was 23-years-old at the time. On October 19, 2020, Glenn was arrested and charged in Madison County for crimes related to this abuse. Glenn admitted to law enforcement that he engaged in sexual intercourse with a 14-year-old girl on multiple occasions, and that he knew her true age during at least some of the time he was engaging in sex acts with the child. Glenn was out on bond for these charges at the time he exploited the two children in December 2021 and January 2022.
“These heinous crimes are one of a family’s worst nightmares. The sad truth is that applications like Snapchat not always safe spaces, they are often hunting grounds for predators who seek gratification from their sexual abuse of our children,” said Zachary A. Myers, U.S. Attorney for the Southern District of Indiana “The federal prison sentence imposed here ensures that the public will be protected from this criminal for decades to come. Other online predators should take notice that the Indiana Internet Crimes Against Children Task Force, including the FBI, IMPD, and our federal prosecutors, will work tirelessly to hold them accountable and make our children safer from abuse.”
The FBI and IMPD investigated this case with valuable assistance provided by the Montgomery County Sheriff’s Department, the Madison County Sheriff’s Department and the Chesterfield Police Department. The sentence was imposed by U.S. District Court Judge James P. Hanlon. Judge Hanlon also ordered that Glenn be supervised by the U.S. Probation Office for life following his release from federal prison.
U.S. Attorney Myers thanked Assistant United States Attorney Kyle Sawa, who prosecuted this case.
This investigation was conducted by the Indiana Internet Crimes Against Children (ICAC) Task Force, a multi-agency task force led by the Indiana State Police, charged with the prevention, interdiction, investigation, and prosecution of individuals who use the Internet to exploit children. The Indiana ICAC seeks to combat crimes against children through the Internet by vigorously investigating and prosecuting offenders. The task force aims to educate children and parents on Internet safety and responsibility through community outreach. Each year, Indiana ICAC investigators evaluate thousands of tips, investigate hundreds of cases, and rescue dozens of children from ongoing sexual abuse. Visit https://www.in.gov/isp/icactf/ to learn more about their efforts.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.
###
Camp Verde Woman Sentenced to 24 Months in Prison for Embezzlement of $670,000 from Yavapai-Apache NationRead the Press Release
PHOENIX, Ariz. – Savannah Sandoval, 36, of Camp Verde, was sentenced last week by United States District Judge Steven P. Logan to 24 months in prison, followed by three years of supervised release. Sandoval also was ordered to pay over $650,000 in restitution. Sandoval pleaded guilty on August 9, 2023, to Embezzlement and Theft from an Indian Tribal Organization.
Between August 2017 and May 2022, Sandoval, the former Comptroller and Executive Director of the Yavapai-Apache Nation Housing Department, embezzled $670,908 from the Yavapai-Apache Nation, including over $133,000 of the Department of Housing and Urban Development Indian Housing Block Grant Funds.
As Comptroller and Executive Director, Sandoval was the supervisor of the accounting department and oversaw day-to-day activities and financial transactions. As such, she had access to Housing Department credit cards and knowledge of its vendor accounts. In 2022, it was discovered that there had been hundreds of thousands of dollars in fraudulent purchases via Tribal credit cards. On at least 184 occasions funds were fraudulently transferred by Sandoval into her personal accounts.
“Indian Tribal Organizations have historically been vulnerable to theft and embezzlement,” said United States Attorney Gary Restaino. “The theft here meant that roofs and floors and appliances in houses on the Nation could not be repaired or replaced. The Court’s sentence sends a strong deterrent message to those who steal from Native American communities.”
“HUD OIG is committed to protecting the integrity of funds meant to assist with housing on Native lands,” said Special Agent in Charge Mark Kaminsky with the U.S. Department of Housing and Urban Development Office of Inspector General. “We will continue to work with our law enforcement partners to investigate and hold accountable those who would misuse federal tax dollars for personal gain.”
“Financial crimes have long been at the forefront of the FBI’s efforts, and we will continue to meticulously investigate any and all fraudsters in pursuit of our mission of protecting the American people,” said Akil Davis, special agent in charge of the FBI’s Phoenix field office.
The Department of Housing and Urban Development-Office of the Inspector General and the Federal Bureau of Investigation conducted the investigation of this case, with assistance from the Yavapai-Apache Nation. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-23-08089-PCT-SPL
RELEASE NUMBER: 2023-177_Sandoval# # #
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.California Man Sentenced to 22 Years for Leading Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – A Bakersfield, California, man was sentenced in federal court today for leading a significant drug trafficking organization operating in Missouri and Oklahoma that distributed hundreds of pounds of methamphetamine.
William D. Johnson, 48, was sentenced by U.S. District Judge M. Douglas Harpool to 22 years in federal prison without parole.
On Feb. 22, 2022, Johnson pleaded guilty to one count of conspiracy to distribute methamphetamine from May 20, 2019, to Jan. 28, 2021, in Newton, Laclede, Lawrence, and Greene Counties.
According to court documents, Johnson utilized a storage unit that was found to contain 231 pounds of methamphetamine, two rifles, and nearly $500,000 in cash. He also maintained two separate residences where law enforcement officers executed search warrants and seized a quarter of a pound of methamphetamine, three handguns, and more than $40,000 in cash.
Johnson was stopped by Joplin, Mo., police officers on June 12, 2019, while he was in possession of 90.63 grams of methamphetamine and $16,327 in cash.
Lebanon, Mo., police officers searched Johnson’s black 2013 GMC 2500 Duramax after he had left the vehicle on May 1, 2020, and found two items that contained drug residue and a Diamond Back 9mm pistol. While searching for Johnson, officers found a backpack he had been seen carrying, which contained approximately 180 grams of methamphetamine, a stolen Ruger .380-caliber firearm, and $33,234 in cash.
When Johnson was arrested on Jan. 28, 2021, he was in possession of a smoking device with methamphetamine residue, two cell phones, and $11,375 in cash.
Johnson is the fourth and final defendant to be sentenced in this case. Douglas S. Ward, 35, of Lebanon, Mo., was sentenced on Oct. 17, 2022, to 20 years in federal prison without parole. Rita M Glasgow, 33, of Joplin, Mo., was sentenced on June 8, 2023, to 10 years in federal prison without parole. Joshua T. Davenport, 42, of Miami, Oklahoma, was sentenced on June 12, 2023, to five years and nine months in federal prison without parole.
This case was prosecuted by Assistant U.S. Attorney Jessica R. Eatmon. It was investigated by the Missouri State Highway Patrol, the Newton County, Mo., Sheriff’s Department, the Joplin, Mo., Police Department, the Jasper County, Mo., Sheriff’s Department, the Springfield, Mo., Police Department, the Apache County, Arizona, Sheriff’s Department, the Ozark Drug Enforcement Team, the Drug Enforcement Administration, and the FBI.
Organized Crime and Drug Enforcement Task Force
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Bridgeport Man Sentenced to 11 Years in Federal Prison for Drug Robbery and ShootingsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that DIJON CHAMPAGNIE, 23, of Bridgeport, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 132 months of imprisonment, followed by three years of supervised release, for offenses stemming from a violent drug-related robbery and shootings in West Haven.
According to court documents and statements made in court, on July 1, 2019, Champagnie arranged to buy a half-pound of marijuana from an individual in West Haven. After Champagnie arrived at the seller’s residence, he removed a gun from his backpack, pointed it at the victim’s face, and demanded all the marijuana the victim had. After the victim gave Champagnie the half-pound of marijuana he had arranged to sell, Champagnie shot the victim in the leg, causing significant injuries. The victim’s neighbor, who had known Champagnie, heard the gunshot and saw Champagnie fleeing the scene.
In the days following the shooting, Champagnie posted videos on his Snapchat account of him shooting a gun into the air, pointing a handgun with an extended magazine at the camera, and showing a bag of marijuana that he presumably had stolen. Champagnie also sent several text messages threatening to harm the victim’s neighbor. In the early morning hours of July 7, 2019, Champagnie fired four shots into the neighbor’s apartment.
Champagnie has been detained since his arrest on related state charges on July 20, 2019. On August 18, 2023, he pleaded guilty in federal court to discharging a firearm during and in relation to a drug trafficking crime, and possession of a firearm by an unlawful user of a controlled substance.
This matter was investigated by Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the West Haven, New Haven, and Hartford Police Departments. The case was prosecuted by Assistant U.S. Attorney Angel M. Krull.
U.S. Attorney Avery thanked the Ansonia-Milford State Attorney’s Office for its cooperation in the prosecution of this case.
Attorney General Merrick B. Garland Statement on U.S. Funds to International Centre for the Prosecution of the Crime of Aggression Against UkraineRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland following today’s announcement by the U.S. Department of State that the United States will provide $1 million to the International Centre for the Prosecution of the Crime of Aggression Against Ukraine (ICPA), which was established in The Hague at Eurojust with the support of the European Commission:
“The United States stands in steadfast and unwavering support for the people of Ukraine as they defend their democracy against the brutal and unjust war being waged by the Russian regime.
That is why, earlier this year, I traveled to The Hague to announce the appointment of the first U.S. prosecutor in nearly 80 years to be engaged in efforts to build cases on the crime of aggression, Jessica Kim.
As the U.S. Special Prosecutor for the Crime of Aggression, Jessica has been and will continue to work closely with the International Centre for the Prosecution of the Crime of Aggression Against Ukraine, which was established at Eurojust with the support of the European Commission. The resources announced today by the State Department will build on this important work.
This announcement, and the Justice Department’s continued work alongside our Ukrainian and international partners make clear that we are not waiting for the hostilities to end before pursuing justice and accountability. We are gathering evidence and building cases so that when the time comes, the United States and our partners will be ready to ensure accountability for Russia’s war of aggression.”
Attorney General Merrick B. Garland Announces Judges of the Data Protection Review CourtRead the Press Release
Attorney General Merrick B. Garland today held a formal investiture ceremony for the Data Protection Review Court (DPRC) at the Justice Department, formally swearing in six judges of the eight-member, fully independent court, following the Constitutional oath they have already taken, and marking another milestone in the EU-U.S. Data Privacy Framework (DPF).
“In October 2022, I issued new regulations establishing the Data Protection Review Court to serve as the second level of a new redress process established by the President’s Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities,” said Attorney General Garland. “Although this court has been established at the Department of Justice, its judges will independently decide what remedies, if any, are appropriate for the cases in front of them, and the intelligence agencies will be expected to abide by their decisions.”
Last October, the Attorney General issued regulations creating the DPRC within the Office of Privacy and Civil Liberties at the Department of Justice. The DPRC serves as the second level of the new redress process established by the President through Executive Order 14086, which also strengthened other safeguards for U.S. signals intelligence activities. The DPRC will independently review determinations made by the Civil Liberties Protection Officer of the Office of the Director of National Intelligence (ODNI) in response to qualifying complaints sent by individuals through appropriate public authorities that allege certain violations of U.S. law in the conduct of U.S. signals intelligence activities.
The Executive Order and the new Justice Department regulations are a critical part of the EU-U.S. Data Privacy Framework and the UK-U.S. Data Bridge Extension. These arrangements reflect the strength of U.S. partnerships with the European Union and the United Kingdom and the shared commitment to the rule of law and respect for the value of individual privacy.
Two additional judges were unable to attend today’s ceremony in person.
The judges on the court include:
- James E. Baker
- Rajesh De
- James X. Dempsey
- Mary B. DeRosa
- Thomas B. Griffith
- Eric H. Holder Jr.
- David F. Levi
- Virginia A Seitz
For full bios and more information on the Data protection Review Court, visit https://www.justice.gov/opcl/redress-data-protection-review-court.
Also in attendance at the investiture ceremony was Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division (NSD), European Commissioner for Justice Didier Reynders and members of NSD, the U.S. Departments of Commerce and State, ODNI, and the National Security Council.
Appraiser in Billion-Dollar Fraudulent Tax Shelter Sentenced to A Year in PrisonRead the Press Release
A North Carolina man was sentenced today to 12 months in prison for his role in conspiring to defraud the United States in a syndicated conservation easement tax shelter scheme – involving inflated charitable contribution deductions – that claimed more than $1.3 billion in fraudulent tax deductions.
According to court documents and statements made in court, from 2008 to 2019, Walter “Terry” Douglas Roberts II, of Flat Rock, North Carolina, conspired with others to fraudulently inflate the value of the conservation easements upon which the tax deductions were based.
At the trial of his co-conspirators, Jack Fisher and James Sinnott, Roberts testified that he became a licensed appraiser in 2007 and began providing appraisals of conservation easements that same year. From 2008 through 2019, as part of the scheme, Roberts said that he fraudulently inflated the values of at least 18 conservation easements by, among other things, not following normal appraisal methods, making false statements and either personally manipulating or relying on knowingly manipulated data to reach a targeted appraisal value – communicated to him by co-conspirators – that would result in the desired tax deduction amount. Roberts admitted that he inflated some of his appraisals by at least 600%. The 18 conservation easements Roberts fraudulently appraised as part of the scheme claimed approximately $466,961,000 in tax deductions, resulting in a tax loss to the IRS exceeding $129,000,000.
Fisher and Sinnott were convicted at trial and are presently awaiting sentencing for their crimes. To date, at least five additional defendants have pleaded guilty to criminal conduct related to Fisher’s syndicated conservation easement tax shelters, including Stein and Corey Agee, Ralph Anderson, James Benkoil and Randall Lenz.
In addition to his prison sentence, U.S. District Judge Timothy C. Batten for the Northern District of Georgia ordered Roberts to serve three years of supervised release, perform 120 hours of community service and pay $129,210,760 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia and Chief James C. Lee of IRS Criminal Investigation (IRS-CI) made the announcement.
IRS-CI and the U.S. Postal Inspection Service investigated the case.
Trial Attorneys Richard M. Rolwing, Grace Albinson, Parker Tobin, Jessica Kraft and Nicholas J. Schilling Jr. of the Tax Division and Assistant U.S. Attorney Christopher Huber, Deputy Chief of the Complex Frauds Section for the Northern District of Georgia prosecuted the case,
Agoura Hills Property Developer Sentenced to Nearly 3½ Years in Prison for Lying on Bankruptcy Petition and Filing False Federal Tax ReturnsRead the Press Release
LOS ANGELES – An Agoura Hills real estate developer was sentenced today to 41 months in federal prison for failing to disclose on a bankruptcy petition that he had earned nearly $2.3 million in income and for failing to report almost $6.9 million in income on his tax returns.
Mark Handel, 69, was sentenced by United States District Judge Otis D. Wright II, who also fined Handel $20,000 and ordered him to forfeit approximately $3,545,712, which represents the proceeds of the sale of real estate in Alameda County. Judge Wright also ordered Handel to pay the IRS approximately $1,618,836 in outstanding tax liabilities, including penalties and interest.
Handel pleaded guilty on February 23 to one count of making a false statement in bankruptcy and one count of subscribing to a false tax return.
Prior to today’s hearing and pursuant to his plea agreement, Handel paid the IRS approximately $1,618,836 in outstanding tax liabilities, including penalties and interest.
In April 2015, Handel filed a bankruptcy petition in Los Angeles in which he claimed under penalty of perjury he had no income from 2013 until April 2015. In fact, he earned approximately $2,263,221 in income through DTMM Construction Inc., his West Los Angeles-based real estate development company, which, according to court documents, stood for “Don’t Touch My Money.” To further conceal his income from the bankruptcy court and creditors, Handel arranged for DTMM to be registered in his wife’s name but used the company to deposit the profits from his own work as a real estate developer and to pay for his and his family’s living expenses.
Handel concealed his income from his creditors by depositing it into DTMM’s accounts. Among the assets Handel hid from creditors included his interest in real estate in Livermore, California, which later was sold for approximately $3,545,712, the proceeds of which he agreed to forfeit.
In October 2016, Handel signed and filed a false federal income tax return for the tax year 2015 that failed to disclose approximately $1,096,175 in additional income. For the tax years 2010 to 2017, Handel failed to report a total of approximately $6,886,877 of income on his federal tax returns.
Handel also falsely reported a net operating loss of $7,259,119 on his 2017 federal income tax return as well as underreported his income on his 2018 tax return by $1,411,050 and admitted to failing to pay $460,408 in additional tax.
“[Handel’s] crimes were not born out of desperation, nor done on a whim without much thought,” prosecutors argued in a sentencing memorandum. “His crimes required planning, calculation, and an almost insatiable drive to break the law time and time again. Indeed, given the brazenness of his conduct, including bragging to others that his company stood for ‘Don’t Touch My Money,’ [Handel] believed he was above the law.”
IRS Criminal Investigation and the FBI investigated this matter with assistance from the Office of the United States Trustee.
Assistant United States Attorney Thomas F. Rybarczyk of the Public Corruption and Civil Rights Section prosecuted this case.
13 November 2023
Vaiden man sentenced to prison for identity theftRead the Press Release
Oxford, MS – A 38-year-old Vaiden man has been sentenced to serve six years in federal prison for aggravated identity theft and possessing fraudulent identity documents. At a sentencing hearing on Monday, Senior U.S. District Judge Glen H. Davidson sentenced Marcus D. Brown to a 72-month term of incarceration, followed by 3 years of court-supervised release.
Brown plead guilty on August 7, 2023, to possession of fraudulent identification documents with intent to use them in criminal activities and aggravated identity theft. Court records show that Brown was in possession of a fraudulently obtained vehicle which contained the actual identification documents of approximately 40 individuals who lived in Mississippi, Arkansas, Louisiana, and Texas.
The Court had previously ordered Brown into custody after he attempted to escape the custody of state authorities.
“In this case, the lives of dozens of innocent citizens have been damaged and disrupted by the acts of one dishonest individual who sought to unjustly enrich himself at their expense,” remarked U.S. Attorney Clay Joyner. “We applaud the sentence and the work by officers and investigators who brought this fraudulent conduct to light.”
“The United States Secret Service is committed to investigating and pursuing those who aim to take advantage of victims while trying to exploit our nation’s financial systems,” said Kyle Smith, Resident Agent in Charge of the U.S. Secret Service’s Jackson Resident Office. “Thanks to the hard work of our law enforcement partners, this individual will be held responsible for these crimes.”
The United States Secret Service and Winona Police Department investigated the case. The case was prosecuted by Assistant U.S. Attorney Paul D. Roberts.
U.S. Attorney’s Office Concludes Investigation into Suicide Committed by Person Evading PoliceRead the Press Release
WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against officers from the Metropolitan Police Department (MPD) who were present for the February 2023 death of S.P., a 40-year-old District resident who died as a result of a self-inflicted gunshot wound to the head.
The U.S. Attorney’s Office and the MPD Internal Affairs Division conducted a comprehensive review of the incident, which included a review of law enforcement and civilian eyewitness accounts, security camera footage, BWC footage, physical evidence, recorded radio communications, forensic reports, the autopsy report, and reports from MPD.
According to the evidence, at about 12:18 a.m. on Feb. 28, 2023, officers with the MPD were called to the 1400 block of Park Road, N.W. for a report of sounds of gunshots. As the police were conducting their initial investigation, including a review of security camera footage depicting an altercation between S.P. and another person, S.P. returned to the scene. Because S.P. matched the image in the footage, officers attempted to make contact with S.P. S.P. initially ran from the police. At one point, S.P. turned around, brandished a handgun and fired multiple shots at the police. The police returned fire. However, all of the shots by S.P. and the police missed their intended targets. S.P. then ran into an alley located in the 1400 block of Meridian Place, N.W. As two officers waited for assistance at the entrance to the alley, S.P. committed suicide by shooting himself in the head.
After a careful, thorough, and independent review of the evidence, federal prosecutors found insufficient evidence to prove beyond a reasonable doubt that any officer on the scene used excessive force under the circumstances or otherwise willfully violated S.P.’s rights.
Use-of-force investigations generally
The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law.
The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are investigated fully and completely. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.
U.S. Attorney's Office Settles Disability Discrimination Complaint with Skilled Nursing FacilityRead the Press Release
BOSTON – The U.S. Attorney’s Office and the U.S. Department of Health and Human Services’ Office for Civil Rights reached an agreement today with North End Rehabilitation and Healthcare Center (North End), a skilled nursing facility in Boston, to resolve allegations that the facility denied admission to individuals being treated with medications for Opioid Use Disorder (OUD) in violation of the Americans with Disabilities Act (ADA).
“Patients suffering from opioid use disorder are too often faced with the agonizing decision between accessing life-saving medication to treat their addiction, or accessing other critical health care. Patients’ health and rehabilitation are negatively impacted when nursing facilities deny admissions simply because someone is engaged in recovery,” said Acting United States Attorney Joshua S. Levy. “We thank North End Rehabilitation for its cooperation and its commitment in working with us to ensure access to addiction treatment for those who may also need long term care.”
“It is against the law to deny an individual placement in a facility because they are undergoing treatment for an opioid use disorder. This kind of action is not only illegal but leads to further stigma and is contra to efforts to support recovery which is critical,” said Melanie Fontes Rainer, Director of the U.S. Department of Health and Human Services, Office for Civil Rights. “Today’s announcement supports this Administration’s national strategy to prevent, treat, and provide long term recovery supports for individuals with behavioral health needs or substance use disorders, as well as the HHS Roadmap for Behavioral Health Integration, which implements the National Strategy by promoting equity in access to affordable, high quality, culturally appropriate care.”
Following a review, several instances were found between December 2020 and April 2022 where patients were denied admissions because they were taking Suboxone or methadone to treat their OUD. Individuals receiving treatment for OUD are generally considered disabled under federal civil rights laws, which prohibits private healthcare providers from discriminating on the basis of disability.
Under the terms of the agreement, North End will, among other things, adopt a non-discrimination policy, revise its admissions policy and provide training to admissions staff. North End will also pay the United States a $111,614 civil penalty. All but $10,000 will be forgiven if North End complies with the terms of the agreement for a two-year period.
Since May 2018, the U.S. Attorney’s Office has settled with 13 healthcare providers to resolve ADA violations related to OUD treatment. These agreements have addressed compliance at 53 skilled nursing facilities.
Acting U.S. Attorney Levy and HHS OCR Director Fontes Rainer made the announcement today. Assistant U.S. Attorney Gregory Dorchak of the Office’s Civil Rights Unit handled the matter.
U.S. Attorney for Alaska announces sentence in $26M investment fraud scheme, discusses financial crime priorityRead the Press Release
ANCHORAGE, Alaska – An Anchorage man was sentenced today to 10 years in prison for defrauding at least 177 victims of more than $26 million through an investment fraud scheme.
According to court documents, Garrett Elder, 30, convinced victims to transfer funds to him for investment in stocks and foreign currencies on their behalf through deceptive and false representations of his trading methods between 2016 and October 2022. Some of the defendants’ victims were family members and friends.
The defendant executed the scheme primarily through his two entities, Tycoon Trading LLC and the Daily Bread Fund LLC. Elder solicited investments based on misstatements and omissions about his trading methods and returns. He then provided falsified account reports showing positive returns.
In total, the investigation revealed that Elder falsely told his investors that they had made over $11 million dollars in non-existent profits when, in fact, the defendant had been consistently losing money for years. The investigation identified that the defendant lost around $20 million trading, and used the remainder to fund a lavish lifestyle, finance commissions and payments to business associates, purchase assets and gifts, and pay other personal expenses.
In addition to time in prison, the defendant is required to pay $26 million in restitution to approximately 177 victims and serve three years of supervised release as part of his sentence.
"Mr. Elder’s case is one of the worst fraud cases our office has handled with respect to the number of victims and amount of money he stole. This case shows that white collar crime can impact anyone and cause immense damage to people, families and communities, and that no person or company is above the law,” said U.S. Attorney S. Lane Tucker for the District of Alaska. “Prosecuting criminals who choose to commit calculated financial crimes will remain a priority for our office, and we will continue to work with our law enforcement partners to seek justice for victims of these crimes.”
“In what’s regarded as the largest investment fraud scheme perpetrated in Alaska, Mr. Elder’s greed and deception is an affront to the honest, hard-working victims he bilked out of millions of dollars,” said Special Agent in Charge Antony Jung of the FBI Anchorage Field Office. “With dedicated special agents, forensic accountants, and analysts who work tirelessly to unravel complex fraud schemes, the FBI is dedicated to investigating financial crimes to hold criminals accountable and to protect the financial security of all Alaskans.”
Elder is the most recent fraud case the U.S. Attorney’s Office in Alaska has successfully prosecuted in their prioritization of holding financial and white-collar criminals accountable. The office has dozens of open cases covering a range of financial crimes, including health care fraud, bankruptcy fraud, money laundering, fraud on federal agencies, and federal program fraud surrounding misuse of COVID-19 recovery funds.
These cases are a joint effort between the U.S. Attorney’s Office and law enforcement and are often a product of thousands of hours’ worth of investigation and expertise due to the complexity of financial crimes.
The FBI Anchorage Field Office investigated the Elder case with assistance from the Alaska Department of Commerce, Community, and Economic Development (DCCED), Division of Banking and Securities.
Assistant U.S. Attorneys Michael J. Heyman and Seth Beausang prosecuted the Elder case.
###
Two Admit 2020 Jefferson County CarjackingRead the Press Release
ST. LOUIS – Two men have admitted their involvement in a 2020 carjacking in Jefferson County, Missouri that permanently injured the victim.
Matthew Carver, 31, of St. Louis, pleaded guilty in U.S. District Court in St. Louis Monday to one count of being a felon in possession of a firearm. Brandon Vandoren, 29, of St. Louis County, pleaded guilty November 8 to one count of carjacking.
Both men admitted that on May 20, 2020, they arrived at a Jefferson County, Missouri MotoMart gas station and convenience store in a stolen Dodge Dart, intending to steal a vehicle. Carver was driving, and dropped off Vandoren, who got into a Saturn Aura and began driving away. The Aura’s driver, who was inside the store, ran outside and threw a Coke can at the Aura. Vandoren hit the victim with the Aura and fled. The victim nearly died due to the carjacking and has been left with permanent injuries.
Both vehicles then fled from law enforcement. Carver ultimately crashed, fled on foot and was captured after resisting arrest, his plea says.
The next day, officers found the Aura at America’s Best Value Inn in St. Louis County. They arrested Vandoren when he answered their knock on his motel room door, and found a firearm in the room, his plea says. Vandoren is a convicted felon and is thus barred from possessing a firearm.
Carver and Vandoren are scheduled to be sentenced in February. The carjacking charge carries a potential penalty of up to 25 years in prison. Carver’s felon in possession charge carries a potential penalty of up to ten years in prison.
The Missouri State Highway Patrol and Jefferson County Sheriff’s Office investigated the case. Assistant U.S. Attorney Cassandra Wiemken is prosecuting the case.
Twenty-three gang members and associates indicted on racketeering, drug trafficking, and firearm chargesRead the Press Release
ATLANTA – A 12-count indictment was unsealed last week in the Northern District of Georgia, charging 23 defendants, all alleged Sex Money Murder (SMM) gang members and associates, with racketeering conspiracy, drug trafficking, and firearms violations.
“Gang activity poses a grave risk of harm to our communities as well as to many of our institutions,” said U.S. Attorney Ryan K. Buchanan. “The defendants charged in this case allegedly perpetrated numerous violent and other criminal offenses, including multiple murders, brutal assaults, and drug trafficking crimes, on behalf of the gang Sex Money Murder. For more than a decade, these gang members and their associates allegedly orchestrated a criminal enterprise within and outside of multiple prisons to earn money for, boost their status in, and impose discipline required by, the gang. This indictment is the culmination of a lengthy and carefully coordinated federal and state law enforcement investigation aimed at dismantling this violent group.”
“The defendants and their criminal associates are alleged to have committed murder, engaged in stabbings and attempted murder, and distributed thousands of dollars’ worth of illicit drugs inside and outside the Georgia prison system, all to enhance the power and prestige of their gang, the Sex Money Murder set of The Bloods,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “With this RICO indictment, the Criminal Division, along with our federal, state, and local partners, again shows its commitment to hold accountable and bring to justice violent gang members who terrorize our communities and attempt to control our country’s prison systems.”
“For too long, criminal gangs have wreaked havoc on our streets, destroying families, neighborhoods, and communities. Georgia residents deserve to exist without fear and intimidation inflicted by violent gangs,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “To alleged gang members and others infecting our streets—the FBI and our law enforcement partners will find and prosecute you no matter how long it takes or where you are living.”
“This extremely labor-intensive investigation would not have been possible without the hard work and commitment demonstrated by the investigating Agents, Task Force Officers, and Prosecutors. These indictments are a culmination of the collaborative efforts by all agencies involved; our communities are safer because of this investigation,” said Dan Salter, the Director of the Atlanta-Carolinas High Intensity Drug Trafficking Area.
“It’s alarming to think that these criminals were brazen enough to distribute dangerous drugs and commit heinous crimes while behind bars,” said Robert J. Murphy, Special Agent in Charge of the DEA Atlanta Division. “They must now face the consequences.”
“Gang activity inside correctional facilities throughout our state continues to be a challenge, and we are using every resource at our disposal to combat this issue,” said Georgia Department of Corrections Commissioner Tyrone Oliver. “As one of Governor Kemp’s initiatives is to fight gang activity, our agents work non-stop with our law enforcement partners statewide, and this is yet another example of that vital collaboration,” continued Oliver. “We appreciate the support of our local, state, and federal partners in ensuring that justice is served on these individuals.”
“With the creation of Georgia’s first statewide Gang Prosecution Unit, we’re working with all levels of law enforcement to investigate and prosecute criminal gang activity wherever it occurs,” said Georgia Attorney General Chris Carr. “Alongside our partners at the Georgia Department of Corrections, we will continue to hold accountable those who use a contraband cellphone to direct further violence from behind bars. Our top priority is to protect our fellow Georgians, and that’s exactly what we’re fighting to do each day.”
According to U.S. Attorney Buchanan, the charges and other information presented in court: SMM is a national gang and subset of The Bloods gang, which originated in the early 1970s in Los Angeles, California. The SMM subset spread from the Bronx, New York area across the East Coast, including Georgia, where it operates inside and outside prisons and jails.
The indictment alleges an extensive criminal enterprise in which inmates within the Georgia Department of Corrections (GDOC), often using contraband cellphones, orchestrated numerous crimes, including murders, attempted murders, attempted arson, drug trafficking – within and outside the GDOC, and fraud. Eleven of the defendants were in prison when they allegedly committed or ordered the charged offenses.
The indictment alleges that SMM is organized into subgroups, called “sets” or “lines,” which are responsible for carrying out the affairs of the gang within their individual territories. Typically, each set or line is responsible for representing SMM through the commission of criminal activities, the generation of financial proceeds, the resolution of internal and external conflicts, and the enforcement of strict adherence to SMM rules and protocols. Each set or line has its own “line-up,” or hierarchy of ranked gang members from each territory. A set or line and its leaders fall under higher-ranking national leaders, including the “Royal Flush,” and are ultimately subject to the overall command of “Royal Flush” members.
Certain SMM members hold a specific rank within the gang or within a specific set or line. Specific duties and responsibilities are associated with each rank. The SMM rank structure often includes a delineation between incarcerated members (“behind the wall”) and non-incarcerated members (“on the streets”). In many instances, leadership “behind the wall” also exerts control over membership “on the streets.”
The indictment alleges that the defendants committed multiple acts of violence in furtherance of the racketeering conspiracy, including that:
- On or about May 10, 2014, following the directive of an SMM leader, four SMM members and associates stormed a home in DeKalb County, Georgia and shot multiple rounds of ammunition into a bathroom, killing a nine-month-old boy.
- On or about March 13, 2017, at Autry State Prison in Pelham, Georgia, defendant Cedric Pierre and another SMM member repeatedly stabbed another inmate on orders from defendant Chase Pinckney.
- On or about October 11, 2017, defendant Demarco Draughn murdered an inmate at Hancock State Prison on orders from defendant Anthony Jernigan because the inmate had allegedly violated one of SMM’s rules.
- On or about March 20, 2019, defendant Rontavious Fowler murdered an inmate at Smith State Prison in Glennville, Georgia.
- On or about May 10, 2020, at Hancock State Prison in Sparta, Georgia, SMM members isolated another SMM member in a prison cell, tied him up, and repeatedly stabbed him on suspicion that the SMM member had allegedly violated one of the gang’s rules.
- On or about May 11, 2020, at GDOC’s Special Management Unit, defendants Demarco Draughn and Rontavious Fowler repeatedly stabbed another inmate, as directed by SMM leadership.
- On or about November 5, 2020, defendant Chase Pinckney authorized the beating of an inmate at Ware State Prison in Waycross, Georgia on suspicion that the inmate had allegedly violated one of SMM’s rules.
- On or about December 9, 2020, an SMM member shot and killed another gang member in Griffin, Georgia, on belief that the member had cooperated with law enforcement.
- Between on or about January 31 through on or about February 4, 2021, defendant Cedric Pierre directed SMM members to set fire to a drug customer’s home in Colbert, Georgia.
The following defendants have been charged in the indictment for conduct related to their alleged roles in the RICO conspiracy and related crimes:
- Ryan Brandt, a/k/a Street Life and Robert Kraft, 44, of Hays State Prison in Trion, Georgia, is charged with RICO conspiracy, conspiring, aiding and abetting, and possessing a controlled substance and a controlled substance analogue with the intent to distribute;
- Kyle Oree, a/k/a Nasty Nu, 52, of Washington State Prison in Davisboro, Georgia, is charged with RICO conspiracy and conspiring to possess and possessing a controlled substance and a controlled substance analogue with the intent to distribute;
- Chase Pinckney, a/k/a Chase Pickney, Three Shots, Noriega, and Sinatra, 38, of Ware State Prison in Waycross, Georgia, is charged with RICO conspiracy and conspiring to possess a controlled substance with the intent to distribute;
- Elton Jackson, a/k/a 2gz and John Madden, 41, of Telfair State Prison in Helena, Georgia, is charged with RICO conspiracy and conspiring to possess a controlled substance with the intent to distribute;
- Sean Carr, a/k/a Nut and Nutkase, 51, of FCI Talladega in Talladega, Alabama, is charged with RICO conspiracy and conspiring to possess a controlled substance with the intent to distribute;
- Lavorsia Jones, a/k/a Shitbag, 23, of Dacula, Georgia, is charged with RICO conspiracy, conspiring, attempting, and possessing a controlled substance with the intent to distribute, and possessing a controlled substance analogue with the intent to distribute;
- Danielle Ford, 49, of Ellenwood, Georgia, is charged with RICO conspiracy, conspiring to possess a controlled substance with the intent to distribute, and possessing a controlled substance analogue with the intent to distribute;
- Charlton King, a/k/a Hell’s Militant Camp, 23 of Valdosta, Georgia, is charged with RICO conspiracy;
- Demarco Draughn, a/k/a Shoota B, 28, of Macon State Prison in Oglethorpe, Georgia, is charged with RICO conspiracy;
- Richard Smith, a/k/a Alleyway and Brett Favre, 36, of Ware State Prison in Waycross, Georgia, is charged with RICO conspiracy and conspiring to possess a controlled substance with the intent to distribute;
- Rontavious Fowler, a/k/a Lil Hot, 26, of Hancock State Prison in Sparta, Georgia, is charged with RICO conspiracy;
- Shavon Thomas, a/k/a Shavon Edwards, 55, of Decatur, Georgia, is charged with RICO conspiracy and conspiring to possess a controlled substance with the intent to distribute;
- Lionel Edwards, a/k/a Tony, Tyson, and Python, 41, of USP Florence in Florence, Colorado, is charged with RICO conspiracy and conspiring to possess a controlled substance with the intent to distribute;
- Anthony Jernigan, a/k/a Hell Raiser, 36, of Hays State Prison in Trion, Georgia, is charged with RICO conspiracy;
- Cedric Pierre, a/k/a Flip, 23, of Robert A. Deyton Correctional Facility in Lovejoy, Georgia, is charged with RICO conspiracy and conspiring to possess and possessing a controlled substance with the intent to distribute;
- Ricardo Sanchez, 40, of Macon State Prison in Oglethorpe, Georgia, is charged with conspiring to possess and possessing a controlled substance with the intent to distribute;
- Troy McCraine, 57, of Tennessee, is charged with conspiring to possess a controlled substance with the intent to distribute;
- Qawwee Mitchell, 36, of Gainesville, Georgia, is charged with conspiring to possess and possessing a controlled substance with the intent to distribute, possession of a firearm by a convicted felon, and carrying a firearm during and in relation to a drug trafficking crime;
- Sherri Gandy-Torres, 56, of Lakeland, Florida, is charged with conspiring to possess and possessing a controlled substance with the intent to distribute;
- Nyla Blacknell, 43, of Duluth, state, is charged with conspiring to possess and possessing a controlled substance with the intent to distribute and carrying a firearm during and in relation to of a drug trafficking crime;
- Tracey Wise, 46, Milledgeville, Georgia, is charged with conspiring to possess a controlled substance with the intent to distribute;
- Shounnette Wooten, 50, of Gray, Georgia, is charged with conspiring to possess a controlled substance with the intent to distribute; and
- Kierra Williams, 31, of Haddock, Georgia, is charged with conspiring to possess a controlled substance with the intent to distribute and possessing a controlled substance analogue with the intent to distribute.
Nine of the defendants were arrested on November 8, 2023 and appeared in U.S. District Court in Atlanta, Georgia and Albany, Georgia the same day. Eight additional defendants were arraigned in Atlanta on November 9, 2023.
The case was investigated by the Federal Bureau of Investigation, Atlanta-Carolinas High Intensity Drug Trafficking Areas Program and Drug Enforcement Administration, and Georgia Department of Corrections, with valuable assistance from the Georgia Attorney General’s Office, Georgia Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Prisons, U.S. Marshals Service, Georgia Department of Community Supervision, Georgia State Patrol, Brookhaven Police Department, Butts County Sheriff’s Office, DeKalb County Police Department, Douglasville Police Department, East Point Police Department, Fulton County Sheriff’s Office, Gwinnett County Police Department, Marietta Police Department, Riverdale Police Department, Sandy Springs Police Department, and South Fulton Police Department.
Assistant U.S. Attorney Theodore S. Hertzberg of the Northern District of Georgia, and Trial Attorney Lisa M. Thelwell of the Justice Department’s Violent Crime and Racketeering (VICAR) Section are prosecuting the case, and former VICAR Trial Attorney Rebecca R. Dunnan previously prosecuted the case.
The indictment is a result of Organized Crime Drug Enforcement Task Forces (OCDETF) investigations. The OCDETF mission is to identify, disrupt, and dismantle the highest-level criminal organizations that threaten the United States, using a prosecutor-led, intelligence-driven, multi-agency task force approach. OCDETF synchronizes and incentivizes prosecutors and agents to lead smart, creative investigations targeting the command-and-control networks of organized criminal groups and the illicit financiers that support them. Additional information about the OCDETF Program may be found at www.justice.gov/OCDETF.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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.
Todisco Towing Agrees to Resolve Allegations of Servicemembers Civil Relief Act ViolationsRead the Press Release
BOSTON – The U.S. Attorney’s Office reached an agreement today with Todisco Services, Inc., a company doing business as Todisco Towing, to resolve allegations that it failed to obtain a court order before enforcing a lien on a vehicle owned by a U.S. Air Force Staff Sergeant who was deployed overseas, in violation of the Servicemembers Civil Relief Act (SCRA).
The compliant alleged that Todisco Towing impounded the Staff Sergeant’s vehicle, refused to allow him to pay the towing and storage fee by phone, and ultimately sold the vehicle and its contents, which included costly military tactical gear and several irreplaceable items of sentimental value, including a family photograph album and a sweatshirt belonging to a friend who is now deceased.
The SCRA provides financial and housing protections and benefits to military members while they are in military service. One of the SCRA’s protections requires anyone holding a lien on the property of a servicemember to obtain a court order prior to auctioning off, selling, or otherwise disposing of that property. This means that companies have an obligation – before selling or disposing of property – to determine whether the property is owned by a servicemember protected under the SCRA, and if so, obtain court approval prior to disposal. Companies can conduct a search on the Department of Defense Manpower Data Center (DMDC) website, to determine whether an individual is a protected servicemember.
Under the agreement, which must still be approved by the U.S. District Court for the District of Massachusetts, Todisco Towing must pay the Staff Sergeant $5,000 in damages and the United States a $1,000 civil penalty. Todisco Towing has also implemented new policies and trainings to prevent future SCRA violations.
“While he was serving our country overseas and protecting our national security, this servicemember had his car and items of deep personal significance sold off by Todisco despite his efforts to pay the outstanding fees. This is shameful treatment of people serving our nation as part of the armed forces,” said Acting United States Attorney Joshua S. Levy. “The U.S. Attorney’s Office is strongly committed to enforcing the rights of the members of our military who sacrifice so much for all of us to enjoy freedom and security every day.”
Acting U.S. Attorney Levy made the announcement today. Assistant U.S. Attorneys Hillary H. Harnett and Torey B. Cummings handled the matter.
This lawsuit resulted from a referral to the Justice Department from the U.S. Air Force. Servicemembers and their dependents who believe that their rights under the SCRA may have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at https://legalassistance.law.af.mil/. For more information about the Department’s SCRA enforcement efforts, please visit https://www.justice.gov/servicemembers.
Tijuana Woman Sentenced to 12 Months for Stealing Dead Mother’s Social Security Benefits for 13 YearsRead the Press Release
NEWS RELEASE SUMMARY – November 13, 2023
SAN DIEGO – Kimberly Kay Brandt, a 51-year-old U.S. citizen living in Tijuana, was sentenced in federal court today to 12 months and one day in prison for concealing her mother’s death from the Social Security Administration for 13 years to steal more than $268,000 in retirement benefits.
Brandt pleaded guilty to Social Security fraud in August 2023. According to her plea agreement, Brandt’s mother, identified in court records as H.B., moved from California to her daughter’s home in Tijuana when her health declined. She died in Mexico in June 2010. H.B. had been receiving retirement benefits from the Social Security Administration (SSA) via direct deposit into her bank account.
After H.B. died, Brandt did not inform the SSA and continued to use H.B.’s bank card to withdraw the benefits intended for H.B. Brandt admitted that she impersonated H.B. in a call to H.B.’s bank, purportedly to update H.B.’s address and request a new bank card in H.B.’s name. Brandt enlisted a third party to bring the new bank card to her in Mexico. After the SSA discovered H.B.’s death and stopped paying benefits, Brandt impersonated H.B. again in a call to the bank to inquire about the missing payment. Brandt was arrested on June 27, 2023, as she attempted to cross into the U.S. from Mexico, three weeks after the SSA benefits stopped.
Brandt was ordered to pay $268,143 in restitution to the Social Security Administration.
This case is being prosecuted by Special Assistant U.S. Attorney Lisa J. Sanniti.
DEFENDANTS Case Number 23cr1484-BAS
Kimberly Kay Brandt Age: 51 Tijuana, Mexico
SUMMARY OF CHARGES
Social Security Fraud – Title 42, U.S.C., Section 408(a)(4)
Maximum penalty: Five years in prison and $250,000 fine
AGENCY
Social Security Administration Office of the Inspector General
Three Construction Planning Firm Executives Charged with Bribing San Francisco Dept. of Building Inspection EmployeesRead the Press Release
SAN FRANCISCO – Three former executives of a San Francisco based construction planning and design firm were charged today paying bribes to employees of the San Francisco Department of Building Inspection (”DBI”), announced the Chief of the Criminal Division of the Office for the U.S. Attorney Thomas A. Colthurst and Federal Bureau of Investigation Special Agent in Charge Robert Tripp.
Siavash “Sia” Tahbazof, 72, was charged in an Information filed today with one count of conspiracy to commit honest services wire fraud for paying bribes to DBI employees in return for their agreement to expedite and issue building plan permits and approve building inspections, beginning in 2003. According to the Information, Tahbazof conspired to bribe city employees including former DBI plan checkers Cyril Yu and Rodolfo “Rudy” Pada, and DBI building inspector Bernard Curran.
In a separate information also filed today, Reza Khoshnevisan, 54, was charged with one count of conspiracy to commit honest services wire fraud for paying bribes to Pada and Yu in return for their agreement to expedite and issue building plan permits. The conspiracy allegedly began in 2012.
In addition, Bahman Ghassemzadeh, 38, was charged in a third Information filed today. Ghassemzadeh is charged with one count of conspiracy to commit honest services wire fraud for paying bribes to Pada, Yu, and Curran, beginning in 2014, in return for their agreement to expedite and issue building plan permits and approve building inspections.
DBI is a regulatory city agency in San Francisco responsible for overseeing enforcement of building, electrical, plumbing, and housing codes for the City of San Francisco’s more than 200,000 commercial and residential buildings. Contractors and builders submit construction plans to DBI for approval and permitting; the plans are required to be reviewed and approved by DBI to insure that the proposed construction and building meets city codes and regulations.
An Information merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. The defendants were each charged with one count of conspiracy to commit honest services wire fraud in violation of 18 U.S.C. § 1349. If convicted, each defendant faces a maximum sentence of twenty years imprisonment, and a fine of up to $250,000. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Pada, 68, and Yu, 41, have both already been charged in separate Informations with conspiracy to commit honest services wire fraud. The Informations, filed on November 3, 2023, allege Pada accepted bribes in return for expediting and approving permits for building and construction plans and allege that Yu accepted bribes in return for approving permits for construction and building plans.
Assistant U.S. Attorneys David Ward and Casey Boome are prosecuting the case. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
Therapist’s ex-wife sent to prison for defrauding Medicaid and stealing patient informationRead the Press Release
HOUSTON – A 48-year-old Katy resident has been sentenced to prison for defrauding Medicaid of more than $600,000, announced U.S. Attorney Alamdar S. Hamdani.
Kay Le Farmer pleaded guilty March 22.
U.S. District Judge George C. Hanks has now ordered Farmer to serve 56 months in federal prison to be immediately followed by two years of supervised release. At the hearing, the court heard how Farmer fraudulently obtained information of over 300 patients, her attempts to lie and cover-up her crimes and that she appeared to be searching for more employment opportunities to steal more information. In handing down the sentence, the court noted Farmer’s “cunning and calculated” actions. She emphasized Farmer’s “greed and selfishness” and said she manipulated everyone around her.
Farmer is the former office manager for her ex-husband - a therapist and Medicaid provider in the Houston area. Following their separation, Farmer admitted to using her ex-husband’s provider number to submit fraudulent claims to Medicaid, unbeknownst to him, for counseling services that were never provided.
In 2017, Farmer admitted to using her employment at a pediatrician’s office to obtain patient information. She then submitted more fraudulent claims to Medicaid under her ex-husband’s provider number.
In total, from 2013 until 2018, Farmer submitted, or caused the submission of, approximately $617,983.86 in claims for psychotherapy services that were not provided. Farmer admitted she was paid approximately $432,924.69 on those claims.
Farmer was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The Texas Health and Human Services - Office of Inspector General (OIG), Texas Attorney General’s Medicaid Fraud Control Unit and the U.S. Department of Health and Human Services - OIG conducted the investigation. Special Assistant U.S. Attorney Kathryn Olson prosecuted the case.
Tallahassee Man Sentenced to 12 Years in Prison for Possessing Methamphetamine with the Intent to Distribute ItRead the Press Release
Ocala, Florida – Senior United States District Judge Gregory A. Presnell has sentenced Brian Keith Coleman (34, Tallahassee) to 12 years in federal prison for possession of 50 grams or more of methamphetamine with the intent to distribute it. Coleman had pleaded guilty on August 3, 2023.
According to court documents, on March 7, 2023, the Florida Highway Patrol (FHP) found Coleman’s vehicle broken down on the shoulder of Interstate 75 with Coleman standing nearby. After developing probable cause to search the vehicle, a trooper found methamphetamine, fentanyl, marijuana, and ammunition inside. Where Coleman had been standing, the trooper also located over a pound of methamphetamine and a loaded firearm. All these items belonged to Coleman.
This case was investigated by the Drug Enforcement Administration, the Tallahassee Police Department, and the Florida Highway Patrol. It was prosecuted by Assistant United States Attorneys Belkis H. Crockett and Tyrie K. Boyer.
St. Michael, ND, Man Convicted of Second-Degree Murder and ArsonRead the Press Release
FARGO – United States Attorney Mac Schneider, District of North Dakota, announced that Cody James Belgarde, age 36, from St. Michael, ND, was found guilty of the charges of Second-Degree Murder and Arson.
In January of 2021, Belgarde shot and killed a boy who was two weeks past his seventeenth birthday. Belgarde then set fire to the house where the murder took place. After eight days of trial and over thirty witnesses, the jury reached a verdict and found Belgrade guilty of Second-Degree Murder and Arson within Indian country. The jury acquitted Belgarde on a charge of First-Degree Murder.
Belgarde faces a sentence of up to life in prison at his sentencing hearing set for March 6, 2024, at 02:30 PM in Fargo Courtroom 1 before Chief Judge Peter D. Welte.
“The United States Attorney’s Office is committed to combating violent crime in Indian country,” Schneider said. “This verdict is a credit to our career prosecutors and law enforcement partners at the FBI, BIA, and ATF who relentlessly pursued justice in this tragic case.”
“During this investigation, ATF certified fire investigators conducted fire scene examinations, made the origin and cause determination, and provided technical analysis of the fire scene during trial testimony,” said ATF Acting Special Agent in Charge Bradley Engelbert, of the St. Paul Field Division. “Collaboration between law enforcement partners was tremendously effective and lead to the successful conclusion of this case. Hopefully, with this verdict, the family and loved ones of the victim can have some closure.”
“The FBI will not tolerate someone committing such abhorrent violence,” said FBI Minneapolis Special Agent in Charge Alvin M. Winston Jr. “Mr. Belgrade proved he has no regard for the law or for human life when he brutally murdered an innocent victim. I’m proud of the collective efforts of the FBI and our law enforcement partners to ensure this dangerous individual is held accountable.”
This case was investigated by the Federal Bureau of Investigation; Bureau of Alcohol Tobacco, Firearms and Explosives; North Dakota Bureau of Criminal Investigation; and the Bureau of Indian Affairs. The prosecutors for this case were Assistant U.S. Attorney Lori H. Conroy and U.S. Attorney Mac Schneider, District of North Dakota.
######
St. Louis County Man Admits Fentanyl Dealing, Fatal Shooting of TeenRead the Press Release
ST. LOUIS – A man from St. Louis County, Missouri on Monday admitted dealing fentanyl and shooting a 16-year-old with a fully automatic pistol in downtown St. Louis in 2022.
John M. Whitney Jr., 21, of Bridgeton, pleaded guilty in front of U.S. District Judge Matthew T. Schelp to one count of possession with intent to distribute fentanyl and one count of possession of a firearm in furtherance of a drug trafficking crime.
As part of his plea agreement, Whitney admitted that after someone working for the Drug Enforcement Administration bought fentanyl twice from him in April of 2022, a court-approved search of his apartment found drugs and guns. Whitney had a Glock pistol with an aftermarket “switch” or conversion device that made it fully automatic. He also possessed three AR-15-style rifles, a .45-caliber semi-automatic pistol, raw fentanyl in a plastic bag and capsules containing fentanyl.
Courtesy of the Drug Enforcement Administration.Whitney also admitted in his plea that in March of 2022, he had been conducting drug sales outside a loft building on Washington Avenue in downtown St. Louis. After entering the lobby and heading to the elevators, he used a switch-equipped Glock handgun to fatally shoot a 16-year-old. He admitted shooting the teen but claimed the teen drew his weapon first and he acted in self-defense, the plea agreement says. Surveillance video from March 11, 2022 shows Whitney and the teen simultaneously drawing firearms and Whitney opening fire with the Glock as the teen turned towards Whitney with his pistol raised.
Whitney then exchanged fire with the teen’s associate before both fled the building.
Whitney is scheduled to be sentenced Feb. 13, 2024. The fentanyl distribution charge is punishable by up to 20 years in prison and a $1 million fine. The firearm charge is punishable by five years to life in prison and a $250,000 fine.
The Drug Enforcement Administration and the St. Louis Metropolitan Police Department investigated the case. Assistant U.S. Attorney Geoff Ogden is prosecuting the case.
St. Charles County Man Admits Soliciting Sex from MinorsRead the Press Release
ST. LOUIS – A registered sex offender from St. Charles County, Missouri on Monday admitted soliciting sex from two minor victims on social media.
Thomas J. Bowles, 47, pleaded guilty in U.S. District Court in St. Louis to one count of sex trafficking of a child, two counts of coercion and enticement of a minor, one count of production of child pornography and one count of receiving child pornography. Bowles’ trial was scheduled to begin Monday.
As part of his plea, Bowles admitted repeatedly contacting a female minor on social media from Jan. 1, 2020 to Aug. 20, 2020. Bowles used aliases which prevented the victim from finding out that Bowles is a registered sex offender. Bowles offered to become the victim’s “sugar daddy” and provide money, a cell phone and clothing in exchange for sex acts and for providing him pornographic pictures and videos, his plea agreement says.
Bowles also communicated with a second minor via Snapchat, offering to mentor her in the modeling industry and be her “sugar daddy” and again concealing his identity. In 2020, he met the victim multiple times and gave her cash, liquor, clothing and prescription drugs in exchange for sexual contact. He also made video recordings on two occasions.
Both victims told Bowles that they were minors, his plea says.
Bowles is scheduled to be sentenced by U.S. District Judge Ronnie L. White on Feb. 13, 2024. The government will request a sentence of 40 years in prison. The sex trafficking charge and coercion charges each carry a mandatory minimum sentence of 10 years in prison and maximum of life in prison. The production of child pornography charge carries a mandatory minimum prison term of 25 years and a maximum of 50 years in prison. The receipt of child pornography charge carries a mandatory minimum prison term of 15 years and a maximum of 40 years. Bowles’ status as a prior offender enhances the potential penalty for most of the charges.
The FBI, St. Charles County Police Department, St. Louis County Police Department and Jefferson County Sheriff’s Department investigated this case. Assistant U.S. Attorneys Jillian Anderson and Nathan Chapman are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Department of Justice Criminal Division'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.
South Lake Tahoe Man Sentenced to 5 Years in Prison for Distribution of Child PornographyRead the Press Release
SACRAMENTO, Calif. — Timothy Mackey, 42, of South Lake Tahoe, was sentenced today to five years in prison to be followed by five years of supervised release for distribution of child pornography, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Mackey was a member of chat groups that shared child pornography on the social media platform LiveMe, including a group named “No Limit!!!” On two occasions in February 2020, Mackey, using the username “bag of rock,” posted nine images of child pornography in the “No Limit!!!” group. Mackey was also the administrator of at least one LiveMe chat group devoted to the exchange of child pornography, meaning he moderated the chat and was able to decide who entered the chatroom.
Mackey had worked as a snowboarding instructor and applied to become a foster parent prior to his arrest in April 2020.
This case was the product of an investigation by the Federal Bureau of Investigation with assistance from the El Dorado County Sheriff's Department and South Lake Tahoe Police Department. Assistant U.S. Attorney Denise N. Yasinow prosecuted 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 the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
South Florida Man Indicted for Trying to Smuggle Fentanyl and Other Contraband into PrisonRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Jose Santos Pardo (23, Homestead) with one count of possession with the intent to distribute over 40 grams of fentanyl and one count of possession of contraband by an inmate in prison. If convicted, Santos Pardo faces a minimum mandatory penalty of 5 years, up to 40 years, in federal prison for the fentanyl offense and up to 10 years’ imprisonment for the possession of contraband offense.
According to the court records, Santos Pardo was an inmate at the Coleman Federal Correctional Complex, assigned to a low security section of the prison. On November 19, 2022, a correctional officer observed Santos Pardo running along the side of the road towards an inmate housing unit carrying three bags. When confronted, officers determined that Santos Pardo’s bags contained 92.8 grams of fentanyl, over 300 grams of marijuana, tobacco, several bottles of alcohol, 14 cellphones, and multiple other prohibited items.
An indictment is merely an allegation that a defendant has committed a federal criminal offense. Every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.
Sikeston Man Sentenced to Serve 123 Months in Prison for Firearm ChargeRead the Press Release
CAPE GIRARDEAU – U.S. District Judge Stephen R. Clark on Monday sentenced a man from Sikeston, Missouri to 123 months in federal prison for a firearm offense.
Michael Ray Turner, 39, pleaded guilty in July at the federal courthouse in Cape Girardeau to one count of being a felon in possession of a firearm.
According to court documents, on Jan. 22, 2023, an officer with the Sikeston Police Department was attempting a traffic stop of a black Dodge Durango for failing to signal and having invalid vehicle plates. The vehicle traveled a short distance before the driver pulled over and fled on foot toward the rear of an apartment complex. After a brief chase, the officer apprehended the suspect and identified him as Michael Turner. A search of Turner's person revealed no contraband. Suspecting Turner may have concealed something, officers begin searching the area. Within minutes, an officer located a black Taurus pistol on a balcony or rooftop surface of the apartment building. Although it was lightly raining, the pistol was dry to the touch. The firearm was loaded with an extended capacity magazine containing 16 rounds of ammunition, with an additional round in the chamber. Turner's Dodge Durango was searched and an identical extended capacity magazine, also loaded with 16 rounds of ammunition, was seized form the cup-holder on the driver side of the vehicle.
Turner has a previous felony conviction for second-degree robbery in New Madrid County, Missouri, and is therefore prohibited from possessing firearms.
This case was investigated by the Sikeston Department of Public Safety. Assistant U.S. Attorney Julie Hunter handled the prosecution for the government.
Second “United Against Hate Week” Begins TodayRead the Press Release
SAN DIEGO – Beginning today, the U.S. Attorney’s Office and the San Diego Anti-Hate Coalition launch their second “United Against Hate Week,” joining cities throughout California for a series of events that promote tolerance and respect.
United Against Hate Week began in the Bay Area as a call for local civic action to stop the hate and implicit biases that are a dangerous threat to the safety and civility of our neighborhoods. The campaign has now spread to more than 200 communities.
“Combating hate crimes requires a committed, coordinated, and united effort,” said U.S. Attorney Tara K. McGrath. “No one should live in fear of hate-filled violence. The Justice Department is committed to building on our partnerships with all of you to effectively prosecute illegal acts of hate.”
The full calendar of events for United Against Hate Week can be accessed at https://www.justice.gov/usao-sdca/united-against-hate.
McGrath will be available for brief interviews about United Against Hate Week. If interested, please contact Kelly Thornton at [email protected].
“As we launch this collaborative effort, there are many ways to participate,” said McGrath. “Every person who joins in, increases the impact of this incredibly important campaign to end intolerance. We can all make a difference by learning more about the campaign, attending an event, or following on social media.”
For more information, please contact Assistant U. S. Attorneys Cindy Cipriani (619-546-9608) and Alicia Williams (619-546-8917) and Law Enforcement/Outreach Coordinator Shastity Urias (619-546-9399). Please follow us on social media @sdantihate to get updates about the upcoming events and resources.
Members of the public are encouraged to report hate incidents and hate crimes to the Federal Bureau of Investigation at 1-800-CALL-FBI or online at https://tips.fbi.gov/. Please call 911 if you need emergency assistance.
Seann Pietila Pleads Guilty for Making Violent, Antisemitic ThreatsRead the Press Release
U.S. Attorney Mark Totten renews commitment to prevent, disrupt, and prosecute illegal acts of hate fueled by antisemitism, Islamophobia, or anti-Arab bias
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Seann Pietila, 19, of Pickford, Michigan, pleaded guilty to a federal charge for violent threats he made online. Pietila admitted sending multiple messages on Instagram about planning to commit a mass shooting targeting Jewish people. Sentencing will occur at 10 a.m. on March 4, 2024.
“No one should face violent threats because of their race, ethnicity, religion, or any other status” said U.S. Attorney Mark Totten. “At this moment of increased threats across the nation, we renew our commitment to prevent, disrupt, and prosecute illegal acts of hate fueled by antisemitism, Islamophobia, or anti-Arab bias.”
U.S. Attorney Totten and the FBI provided brief comments after today’s plea hearing, available on the U.S. Attorney’s Facebook Page.
Pietila pleaded guilty to transmitting threatening communications in interstate commerce. The maximum penalty under that statute is five years in prison, a $250,000 fine, and three years of supervised release. Additionally, as a convicted felon, he may no longer possess any firearms.
As outlined in the initial criminal complaint, Pietila is alleged to have communicated with others on Instagram where he discussed his plans to commit acts of violence to kill other people and specifically referenced Jewish people. His communications demonstrated sympathy with neo-Nazi ideology, antisemitism, and past mass shooters. Law enforcement searched Pietila’s residence and seized various items, including ammunition, magazines, a shotgun, a rifle, a pistol, various knives, firearms accessories, tactical vests, mask, a Nazi flag, a ghillie suit, gas masks, and military sniper/survival manuals. A note found on Pietila’s phone identified a particular synagogue in East Lansing, a date, and a list of equipment. A copy of the indictment can be viewed here. The criminal complaint and plea agreement are attached.
“When free speech crosses a line and becomes a threat of violence against another, the full investigative resources of the FBI will be deployed,” said Cheyvoryea Gibson, Special Agent in Charge of the FBI in Michigan. “Thanks to the coordinated efforts of our state and local law enforcement partners, we were able to disrupt the defendant before he could put his plans into action. The FBI continues to urge the public to report suspicious or threatening behavior to their local law enforcement or by calling 1-800-CALL-FBI or submitting a tip online at https://tips.fbi.gov.”
The case was prosecuted by Assistant U.S. Attorney Chris O’Connor and investigated by the Federal Bureau of Investigation (FBI). The FBI was assisted by the Chippewa County Sheriff’s Office, TRI-County Drug Enforcement Team (TRIDENT), Upper Peninsula Substance Enforcement Team (UPSET), and Michigan State Police Emergency Services Team.
Given the heightened threat environment, over the past several weeks U.S. Attorney Totten has met with leaders of the Jewish and Muslim communities throughout the Western District of Michigan. The purpose of these meetings is to better understand what is happening on the ground and how the U.S. Attorney’s Office, working with its law enforcement partners, can better support the affected communities. This outreach is ongoing.
In addition, to help combat hate-fueled violence, U.S. Attorney Mark Totten recently announced the formation of a Civil Rights Team focused on enforcing federal civil rights laws across the Western District of Michigan, as well as conducting regular community outreach regarding civil rights and hate crimes.
The Civil Rights Team includes federal prosecutors and staff from the Office’s Criminal and Civil Divisions who will focus on criminal matters such as hate crimes and unlawful threats, as well as civil matters such as enforcing federal civil rights laws regarding discrimination, disability access, environmental justice, sexual harassment, voting rights, and other matters. The team will work closely with the Department of Justice’s Civil Rights Division and coordinate with other Department components and local, state, federal, and tribal agencies as needed.
U.S. Attorney Totten also announced the Department’s United Against Hate Initiative, part of a nationwide effort by the U.S. Department of Justice aimed at combatting unlawful acts of hate. The program consists of ongoing local forums that connect community groups to federal, state, and local law enforcement to increase community understanding and reporting of hate crimes; build trust between law enforcement and communities; and create and strengthen alliances between law enforcement and other government partners and community groups to combat unlawful acts of hate.
Anyone wishing to report a civil rights violation related to voting, housing, employment, education, the workplace, business, healthcare, or other public spaces can call the Office’s Civil Rights Hotline at 616-808-2195 or email [email protected]. Individuals reporting a hate crime or criminal threat can call the FBI at 1-800-CALL-FBI. Anyone facing imminent harm should call 911.
###
seann_pietila_-_complaint.pdf seann_pietila_indictment.pdf seann_pietila_-_plea_agreement.pdfMEDIA NOTE: Previous releases concerning this case are listed below.
Man Who Threatened Violent, Anti-Semitic Action Indicted by Grand Jury
Defendant Threatened Violent, Antisemitic Action
Scott County Man Sentenced to 264 Months for the Production of Child PornographyRead the Press Release
FRANKFORT, Ky. – A Georgetown, Ky., man, Matthew Stuart Marshall, 30, was sentenced on Monday, to 264 months in prison, by U.S. District Court Judge Gregory VanTatenhove, on his conviction for production of child pornography.
According to his plea agreement, a victim approached law enforcement about being sexually exploited by Marshall, when the victim was a minor. During the investigation, including searches of online accounts and electronic devices, law enforcement discovered 500 sexually explicit images of the minor victim, 33 sexually explicit videos of the minor victim, and 191 chats involving Marshall enticing the minor victim to engage in sexual activity. Marshall also admitted to participating in the planning of a video and live stream of the minor victim engaging in sexual activity with another adult. Evidence also revealed that Marshall had been directly communicating with other minor victims to entice and produce additional sexually explicit material.
Under federal law, Marshall must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for 25 years.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael Stansbury, Special Agent in Charge, FBI, Louisville Field Office; and Chief Darin Allgood, Georgetown Police Department, jointly announced the sentence.
The investigation was conducted by the FBI and Georgetown Police Department. Assistant U.S. Attorney Mary Melton is prosecuting the case on behalf of the United States.
The U.S. Attorney’s Office prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
— END —
Sacramento Resident Charged with Sexual Exploitation of a Child & Other OffensesRead the Press Release
The FBI is seeking to identify potential victims of Pevino. If you believe that you and/or your minor dependent(s) were victimized by Pevino at any time or have information relevant to this investigation, please send an email with your name, contact information, and best time to reach you to [email protected].
SACRAMENTO, Calif. — On Nov. 9, 2023, a federal grand jury returned a five-count indictment against Dakota Jeremiah Pevino (aka Dakota Jeremiah Viggiano), 35, of Sacramento, charging him with sexual exploitation of a child and distribution and possession of visual depictions of a minor engaging in sexually explicit conduct, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in the summer of 2023, Pevino sent video recordings of adult males sexually abusing prepubescent minors to another user on the Telegram application. Those video recordings accompanied chats of a sexual nature regarding minors. Other images of a prepubescent child being sexually exploited were found on Pevino’s phone and were taken in his home. Finally, the court documents allege that Pevino sent images and videos of himself sexually abusing a minor victim on messaging applications like Grindr and Telegram.
This case is the product of an investigation by the Federal Bureau of Investigation, the Sacramento Valley Hi-Tech Crimes Task Force / Internet Crimes Against Children Task Force, and the Sacramento Sheriff’s Department. Assistant U.S. Attorney Christina McCall is prosecuting the case.
If convicted of sexual exploitation of a child, Pevino faces a maximum statutory penalty of 30 years in prison (with a mandatory minimum sentence of 15 years), a lifetime of supervised release, restitution and a $250,000 fine. If convicted of distribution of visual depiction of a minor engaging in sexually explicit conduct, Pevino faces a maximum statutory penalty of 20 years in prison (with a mandatory minimum sentence of five years), a lifetime of supervised release, plus restitution and a fine. If convicted of possession of a visual depiction of a minor engaging in sexually explicit conduct, Pevino faces a maximum statutory penalty of 10 years in prison, a lifetime of supervised release, plus restitution and a fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case 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 the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
St. Croix Man Charged with Manufacturing “Ghost Guns”Read the Press Release
St. Croix, VI – United States Attorney Delia L. Smith today announced that Kishawn Lopez, 35, of St. Croix, was charged and detained by U.S. Magistrate Judge Emile A. Henderson after being charged with Possession of firearms and ammunition by a Convicted Felon.
“The rate of gun violence in the Virgin Islands is unacceptable, and the proliferation of ghost guns and other illegal firearms is a main source of the problem,” said United States Attorney Smith. “Working in collaboration with our federal and local law enforcement partners, we are committed to taking ghost guns and other illegal firearms off the streets. Targeting firearms traffickers and those who illegally possess firearms is a priority for this office, and those who commit such crimes will be brought to justice.”
According to court documents, on November 8, 2023, federal law enforcement agents executed a search warrant at Lopez’s Frederiksted home. During the search, agents recovered more than 30 firearms, including multiple “ghost guns,” assault rifles, and other handguns. “Ghost guns” are assembled from firearm kits which can be purchased from various kit manufacturers or secondary retailers. “Ghost guns” are unregistered, lack serial numbers and are untraceable. During the search, agents also recovered approximately 5830 rounds of ammunition and a cache of extended magazines. In 2011, Lopez was convicted of firearm possession in federal court, and was sentenced to 15 months imprisonment.
This investigation is part of the Virgin Islands Violent Crime Task Force which consists of Homeland Security Investigations, United States Postal Inspections Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, Federal Bureau of Investigations, Customs and Border Protection, United States Marshal Services, and the Virgin Islands Police Department. The mission of the Violent Crime Task Force is to identify, disrupt, and bring to justice individuals that plague the Virgin Islands community with acts of drug and gun violence.
“This collaboration with law enforcement partners is an essential element towards combatting violent crime and illicit activities in our area of responsibility” said Homeland Security Investigations Resident Agent in Charge Bernhardt Simmonds. Our agency remains steadfast in our fight against weapons trafficking into the Virgin Islands, which contributes to the uptick in violent crimes in our territory.”
“These individuals pose the greatest threat to the safety and health of our citizens”, stated Drug Enforcement Administration Special Agent in Charge Denise Foster. “We will continue to allocate all our law enforcement resources to make a greater impact in vulnerable areas where criminal organizations dedicated to drug trafficking are causing greater damage.”
This case is being prosecuted by Assistant United States Attorney Yasir Sadat and Evan Rikhye. United States Attorney Smith reminds the public that a complaint is merely an allegation that a crime was committed, and that a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Repeat Felon Sentenced to over Thirteen Years in Federal Prison for Drug Trafficking and Illegal Possession of Firearms and Glock SwitchesRead the Press Release
INDIANAPOLIS- Phillip Bonds, 39, of Indianapolis, Indiana, has been sentenced to 160 months in federal prison after pleading guilty to possession with intent to distribute methamphetamine and unlawful possession of a firearm by a convicted felon.
According to court documents, on three separate occasions between April 17 and May 10, 2023, Phillip Bonds sold a total of approximately 364 grams of a substance containing methamphetamine to another individual.
On May 19, 2023, Drug Enforcement Administration agents executed a federal search warrant at Bonds’ home and found approximately 115 grams of methamphetamine and 70 grams of cocaine; 620 grams of marijuana; 10 firearms; ammunition; Glock switches and various drug cutting agents. In pleading guilty, Bonds admitted that he intended to sell the drugs he possessed.
Bonds is prohibited from legally possessing a firearm due to his three previous felony convictions for crimes related to illegally possessing guns and ammunition. At the time of his arrest on May 19, Bonds was on probation for the felony offense of Carrying a Handgun without a License in Marion County.
“Deadly weapons and deadly drugs lead to far too many tragedies for our families and in our neighborhoods,” said U.S. Attorney Zachary A. Myers. “This defendant continued to illegally arm himself to the teeth, while pushing deadly poisons into our community with no regard for the people they harmed. Thanks to the hard work of the DEA, IMPD, and our federal prosecutor, he has been held accountable for his crimes. The federal prison sentence imposed here should serve as a warning to any who choose to menace our streets—serious crimes warrant serious consequences.”
The DEA and IMPD investigated this case. The sentence was imposed by U.S. District Court Judge Matthew P. Brookman. Judge Brookman also ordered that Bonds be supervised by the U.S. Probation Office for 4 years following his release from federal prison.
U.S. Attorney Myers thanked Assistant U.S. Attorney Patrick G. Gibson, who prosecuted this case.
###
Registered sex offender pleads guilty to production of child pornographyRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Lanham, 34, of Lockport, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to production of child pornography with a prior sex offense, which carries a mandatory minimum penalty of 25 in prison and a maximum of 50 years.
Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that in December 2010, Lanham was convicted of Rape in the Third Degree, Victim Less than 17-Year-Old, Perpetrator 21 years or more, in New York State Court and is a registered sex offender. In September 2020, he took a sexually explicit photo of a minor victim on his cell phone. In October 2020, Lanham distributed the image of the minor victim in a private online message to an undercover law enforcement officer on the Kik application.
The plea is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.
Sentencing is scheduled for March 15, 2024, before Judge Sinatra.
# # # #
Property owner sentenced for lying about lead hazardsRead the Press Release
BUFFALO, N.Y. -- U.S. Attorney Trini E. Ross announced today that Angel Elliot Dalfin, 58, of Buffalo, NY, who was convicted of making a false document, was sentenced to serve five years’ probation, to include eight months of home confinement with electronic monitoring, by U.S. District Judge Lawrence J. Vilardo. Dalfin was also ordered to perform 600 hours of community service at Habitat for Humanity within the first three years of probation.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that Dalfin, using the entity Vin7, LLC, sold 23 properties in the City of Buffalo, all of which were built prior to 1978. As part of the sale of the properties, Dalfin executed Lead-Based Paint Rider and Disclosure forms, on which he falsely stated that the lead-based paint hazards at the properties were unknown and that he had no records pertaining to lead-based paint hazards at the properties. The false statements were material to Dalfin’s compliance with the Residential Lead-Based Paint Hazard Reduction Act of 1992, a statute implemented and administered by the Environmental Protection Agency and the Department of Housing and Urban Development. On average, it would have cost the buyer of each of the properties $5,000 to stabilize the lead-based-paint hazards present.
The sentencing is the result of an investigation by the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent-in-Charge Tyler Amon and the Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent-In-Charge Christina D. Scaringi. Additional assistance was provided by the New York State Attorney General’s Office.
Princeton Man Pleads Guilty to Federal Gun CrimeRead the Press Release
BLUEFIELD, W.Va. – Kaleb Merritt, 27, of Princeton, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on October 27, 2022, law enforcement officers arrested Merritt on a Virginia warrant at the Princeton business where he was working. Merritt told the officers that he had a firearm when they asked him if he had any weapons. Officers found a Glock model 43 pistol in Merritt’s pants pocket.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Merritt knew he was prohibited from possessing a firearm because of his prior felony conviction for first-degree arson in Mercer County Circuit Court on June 12, 2015.
Merritt is scheduled to be sentenced on March 4, 2024, and faces a maximum penalty of 15 years in prison, three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Marshals Service and the Cops United Felony Fugitive Enforcement Division (CUFFED) Task Force.
Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Timothy D. Boggess is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:22-cr-206.
###