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Thursday 21 September 2023
Omaha Man Sentenced for Methamphetamine OffenseRead the Press Release
COUNCIL BLUFFS, IA – An Omaha, Nebraska man was sentenced September 18, 2023 to 151 months in prison for Possession with Intent to Distribute Methamphetamine.
According to public court documents, Timothy James Monte, 58, was stopped for a traffic violation in November of 2022 in Council Bluffs. A search of Monte’s vehicle resulted in the seizure of approximately 6.5 ounces of pure methamphetamine.
Monte must serve a five-year term of supervised release following the prison term. There is no parole in the federal system.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Iowa Division of Narcotics Enforcement investigated the case.
Oklahoman gets more than 37 years for kidnapping estranged wife by gunpointRead the Press Release
CORPUS CHRISTI, Texas – A 32-year-old resident of Yukon, Oklahoma, has been ordered to federal prison after his conviction of kidnapping and brandishing a firearm during the crime, announced U.S. Attorney Alamdar S. Hamdani.
The federal jury sitting in Corpus Christi deliberated for approximately three hours before convicting Joshua Anthony Wallin June 29 on both counts following a four-day trial.
U.S. District Judge David S. Morales has now ordered Wallin to serve 365 months in federal prison for the kidnapping charge to be immediately followed by 84 months for brandishing a firearm which must be served consecutively to the other term imposed. The total 449-month-term will be immediately followed by five years of supervised release. He was also ordered to pay the victim restitution. Before sentencing, Judge Morales took exception to Wallin’s statement that no one had been hurt. In imposing the prison term, the court into account all the pain Wallin caused to the victim and her family.
In the early morning hours of June 23, 2021, Wallin confronted his estranged wife at her home in Crescent, Oklahoma, holding her at gunpoint and subjecting her to a two-day ordeal. The jury heard how he took her and their one-year-old son on an arduous journey that culminated at a Corpus Christi restaurant.
The victim provided testimony describing her fear and how she was sexually assaulted before they left Oklahoma and again along the way. She also told the jury that at one point during the trip, Wallin said “at the end of the day someone is going to die.”
As they traveled though Texas, Wallin was aware of law enforcement, called 911 and began a series of conversations with them. He repeatedly made threatening statements about killing his wife and child, telling authorities they should not get too close. His driving became erratic, and law enforcement was able to use a tire deflation device to flatten a rear tire. He eventually crashed into a local restaurant.
They eventually arrived in Corpus Christi, at which time Wallin grabbed his son from the mother’s arms and carried him into the restaurant while pointing a gun at his son’s head. Upon entry, Wallin fired one shot into the ceiling and ordered the occupants out of the restaurant.
A two-hour stand-off then ensued. Wallin did speak with negotiators, but became increasingly agitated. As authorities gained entry, Wallin shot himself. The child was unharmed. Wallin recovered from his self-inflicted wound.
At trial, testimony revealed Wallin had performed internet searches on his phone the day before the kidnapping in an attempt to locate his estranged wife and to learn how people react when kidnapped.
The defense attempted to convince the jury that Wallin and the victim were on a vacation when things went horribly wrong. The jury did not believe those claims and found Wallin guilty as charged.
Wallin has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Corpus Christi Police Department and FBI conducted the investigation. Assistant U.S. Attorneys Michael Hess and Ashley Martin prosecuted the case.
Ocala Men Sentenced for Robbing Postal CarriersRead the Press Release
Orlando, Florida – United States District Judge Carlos E. Mendoza has sentenced Jacoby Jules Colon (20, Ocala) and Darius Rodney Capers (Ocala, 19) in connection with their robbery spree of postal carriers. Colon was sentenced to 10 years in federal prison for conspiracy to rob postal carriers, armed postal robbery, and brandishing a firearm in furtherance of a crime of violence. Capers was sentenced to 4 years and 9 months in federal prison for conspiracy to rob postal carriers and attempted robbery of a postal carrier. Both had pleaded guilty in July 2023.
According to court records, Colon and Capers robbed three postal carriers. In addition, Capers attempted to rob a fourth postal carrier. On September 14, 2022, Colon and Capers robbed a postal carrier in Ft. Lauderdale and stole his arrow key, which is a master key used to open U.S. mail receptacles. A few weeks later, on October 4 and 6, 2022, the men robbed two postal carriers in Orlando and stole their arrow keys. During the October 6 robbery, Colon brandished a firearm and threatened the carrier. During all three robberies, Capers was the lookout and getaway driver. On October 25, 2022, Capers attempted to rob a fourth postal carrier in Tampa but abandoned his effort when the carrier resisted.
Colon approaching the victim postal carrier on October 4, 2022.
Capers speeding away from the scene with Colon immediately after the robbery on October 4, 2022.
U.S. Postal Inspectors witnessed Capers and Colon using one of the stolen arrow keys to access a mail collection box in the parking lot of the Azalea Park Post Office in Orlando. The pair admitted to stealing mail to further engage in check fraud.
U.S. Postal Inspectors executed search warrants at a hotel in Orlando where Capers had been staying and at the homes of Colon and Capers in Ocala. They recovered several pieces of stolen mail, fraudulent checks, ski masks, and several firearms. They also located a photo sent by Colon to Capers which depicted one of the stolen arrow keys worn by Colon.
This case was investigated by the United States Postal Inspection Service and the Orange County Sheriff’s Office, with assistance from the Hillsborough County Sheriff’s Office, the Ocala Police Department, the Marion County Sheriff’s Office, and the Broward County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael P. Felicetta.
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.
Nurse Practitioner Convicted of $200M Health Care Fraud SchemeRead the Press Release
A federal jury in Miami convicted a Florida nurse practitioner yesterday for her role in a scheme to defraud Medicare by submitting more than $200 million in false and fraudulent claims for expensive genetic testing and medical equipment that the Medicare beneficiaries did not need.
According to court documents and evidence presented at trial, Elizabeth Hernandez, 45, of Homestead, signed thousands of orders for medically unnecessary orthotic braces and genetic tests, resulting in fraudulent Medicare billings in excess of $200 million. As part of the scheme, telemarketing companies would contact Medicare beneficiaries to convince them to request orthotic braces and genetic tests, and then send pre-filled orders for these products to Hernandez, who signed them, attesting that she had examined or treated the patients. In reality, she had never spoken with many of the patients. In 2020, Hernandez ordered more cancer genetic tests for Medicare beneficiaries than any other provider in the nation, including oncologists and geneticists. She then billed Medicare as though she were conducting complex office visits with these patients, and routinely billed more than 24 hours of “office visits” in a single day. Hernandez personally pocketed approximately $1.6 million in the scheme, which she used to purchase expensive cars, jewelry, home renovations, and travel.
The jury convicted Hernandez of one count of conspiracy to commit health care fraud and wire fraud, in addition to four counts of health care fraud and three counts of making false statements relating to health care matters. She is scheduled to be sentenced on Dec. 14. She faces a maximum penalty of 20 years in prison for conspiracy, 10 years in prison on each health care fraud count, and five years in prison on each false statement count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.
The FBI and HHS-OIG investigated this case.
Trial Attorney Andrea Savdie and Assistant Chief Kate Payerle and of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 25 federal districts, has charged more than 5,000 defendants who collectively have billed federal health care programs and private insurers more than $24 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
North Fort Myers Felon Pleads Guilty to Illegally Possessing A FirearmRead the Press Release
Fort Myers, Florida – United States Attorney Roger B. Handberg announces that Chester Lewis Risco, III (20, North Fort Myers) has pleaded guilty to possessing a firearm and ammunition as a convicted felon. Risco faces a maximum penalty of 15 years in federal prison. Risco has agreed to forfeit the Taurus pistol and ammunition he possessed during this offense. A sentencing date has not yet been set.
According to the plea agreement, on April 27, 2023, Risco fled from a deputy on his bicycle after committing several traffic violations. When apprehended, Risco was in possession of a loaded Taurus pistol, in a holster, inside his waistband. At the time, Risco had a prior felony conviction and therefore is prohibited from possessing a firearm or ammunition under federal law. Risco was also under court-ordered supervision when he was found in possession of the loaded pistol.
This case was investigated by the Lee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Mark Morgan.
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.
Nigerian Citizen Fined $1,500 for Making False Representations to Government Agents at the Cyril E. King AirportRead the Press Release
St. Thomas, USVI – United States Attorney Delia L. Smith announced today that on September 8, 2023, Ifeoma Inneh, a 42-year-old citizen of Nigeria, was sentenced by District Court Chief Judge Robert A. Malloy to pay a $1,500 fine for making false representations to Customs and Border Protection (CPB) officers at the Cyril E. King Airport.
According to court documents, on June 4, 2021, Inneh was a ticketed passenger on a United Airlines Flight departing from St. Thomas to Newark, NJ. During CBP inspection, Inneh presented a Pennsylvania driver’s license and stated that she is a citizen of the United States. Inneh further stated that she entered the United States on a student visa and had subsequently become a lawful permanent resident and naturalized United States citizen. CBP officers then conducted a record check and determined that Inneh was neither a lawful permanent resident nor a citizen of the United States, and that her presence in the United States was unlawful.
This case was investigated by Homeland Security Investigations and CBP. It was prosecuted by Assistant United States Attorney Natasha Baker.
Multi-million dollar COVID-19 fraudster trades mansion for a prison cellRead the Press Release
HOUSTON – A 33-year-old Richmond man who operated a medical supply company in Porter has been ordered to federal prison for a massive fraud that resulted in losses of $17 million, announced U.S. Attorney Alamdar S. Hamdani.
Caleb M. McCreless pleaded guilty May 2.
U.S. District Judge Sim Lake has now ordered him to prison for 110 months to be immediately followed by three years of supervised release and restitution of $36,279,780 to 11 different victims. Before imposing the sentence, the court noted the opportunistic nature of the crime. Given the sheer amount of loss McCreless caused, Judge Lake added that the victims would probably never be paid back in full.
“Mansions, a Rolls Royce, a lavish lifestyle, and good old fashioned greed motivated Caleb McCreless to take advantage of a nation’s emergency, exploiting the most vulnerable amongst us,” said Hamdani. “McCreless started his scheme by taking almost $1 million from the hands of those trying to treat Native American elders at a time when COVID-19 was decimating that population. His action were deplorable, and now it’s time to pay. No more cars, no more mansions, just a small cell.”
McCreless orchestrated a scheme to defraud retail buyers in the medical services sector by promising to deliver high-grade surgical gloves he did not have. He took initial payments that ran into the millions, but never delivered gloves or only delivered a small portion of them at a vastly inferior quality.
McCreless admitted when he ran out of victims from May 2020 through spring 2021, he induced millions in payments from his victims by offering surgical gloves from a trusted Chinese company. But, McCreless actually had no such relationship.
After taking the money, he would try to stall the victims and then eventually stopped communicating with them. Many failed deals ended in civil litigation. McCreless used the money to pay off co-conspirators and fund a lavish lifestyle such as buying exotic vehicles and a mansion.
Almost a dozen victims from across the United States, including Texas, lost over $17 million in the scheme.
McCreless has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI and Harris County Constable’s Office Precinct 1 conducted the investigation. Assistant U.S. Attorney Thomas Carter prosecuted the case.
Monroe County Man Charged with Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Rodney Wilcox, age 55, of Monroe County, Pennsylvania, was indicted on September 19, 2023, by a federal grand jury for drug trafficking.
According to United States Attorney Gerard M. Karam, the indictment charges Wilcox with distributing fentanyl and cocaine between June 2023 and August 2023, in Luzerne County, Pennsylvania. Wilcox was also indicted for possessing multiple firearms in furtherance of his drug trafficking operation and for possessing firearms as a previously convicted felon.
This matter was investigated by the Pennsylvania State Police Troop N, the Monroe County District Attorney’s Office, and the Federal Bureau of Investigation, Scranton Office. Assistant United States Attorney Brian J. Gallagher is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Wilcox faces a maximum penalty of life in prison, a one million dollar fine, and a lifetime term of supervised release following imprisonment. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Missouri Physicians and Pain Management Practices Agree to Pay over $650,000 to Settle Kickback Allegations Involving Laboratory TestingRead the Press Release
Gregory Stynowick, M.D. and his pain management practice, Pain Management Medical Center LLC, of Florissant, Missouri, and Chad Shelton, M.D., Michael Boedefeld, M.D., and their pain management practice, Pro Pain LLC, of St. Louis, have agreed to pay a total of $653,796 to resolve False Claims Act allegations that they received illegal kickbacks in violation of the Anti-Kickback Statute in return for referring patients for laboratory testing. The parties also have agreed to cooperate with the Justice Department's investigations of, and litigation against, other participants in the alleged schemes.
“Kickbacks are designed to improperly influence healthcare providers’ medical decisions,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Patients should not have to wonder if their doctors’ medical decisions are being driven by unlawful inducements.”
The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded healthcare programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlements announced today resolve allegations that Drs. Stynowick, Shelton and Boedefeld, and their medical practices received kickbacks in violation of the Anti-Kickback Statute in return for making referrals to laboratories in Texas, California, and Florida.
- Stynowick and Pain Management Medical Center. Dr. Stynowick and his pain management practice, Pain Management Medical Center, have agreed to pay $257,436 to resolve two allegations. First, from May 2017 to July 2018, Pain Management Medical Center allegedly received thousands of dollars in payments from a purported management service organization (MSO) named Beachwood Services LLC (Beachwood) in return for Dr. Stynowick ordering laboratory tests from Landmark Diagnostics LLC (Landmark), a clinical laboratory in Houston, Texas, and Sprint Diagnostics LLC (Sprint), a clinical laboratory in Santa Ana, California. Second, from August 2018 to January 2020, Pain Management Medical Center allegedly received thousands of dollars in payments from a purported MSO named Alari Group LLC (Alari) in return for Dr. Stynowick ordering laboratory tests from Genesis Reference Laboratories LLC (Genesis), a clinical laboratory in Orlando, Florida, and InHealth Diagnostic LLC (InHealth), a clinical laboratory in Dallas, Texas.
- Shelton, Dr. Boedefeld, and Pro Pain. Dr. Shelton, Dr. Boedefeld, and their pain management practice, Pro Pain, have agreed to pay $396,360 to resolve two allegations. First, from February 2017 to September 2018, Pro Pain allegedly received thousands of dollars in MSO payments from Beachwood in return for Dr. Shelton and Dr. Boedefeld ordering laboratory tests from Landmark and Sprint. Second, from July 2018 to October 2020, Pro Pain allegedly received thousands of dollars in MSO payments from Alari in return for Dr. Shelton and Dr. Boedefeld ordering laboratory tests from Genesis, InHealth and American Institute of Toxicology Inc. (AIT), a clinical laboratory in Denton, Texas.
“Kickbacks can compromise medical practitioners’ judgment by creating financial incentives for certain medical decisions,” said U.S. Attorney Philip Sellinger for the District of New Jersey. “Doctors and clinical laboratories are on notice that kickback-for-test schemes like those alleged here can violate the Anti-Kickback Statute. We will continue to use all appropriate tools to safeguard the integrity of the federal healthcare systems.”
“Individuals and entities that participate in the federal healthcare system are required to obey the laws meant to preserve the integrity of program funds and the provision of appropriate, quality services to patients,” said Special Agent in Charge Naomi Gruchacz of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Certain violations of the Anti-Kickback Statute can induce medically unnecessary testing and inappropriately steer medical tests to providers who may not return timely or quality results.”
The settlements were the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of New Jersey, with assistance from HHS-OIG.
The settlements announced today were handled by Senior Trial Counsel Christopher Terranova of the Civil Division’s Commercial Litigation Branch (Fraud Section) and Assistant U.S. Attorney Kruti Dharia for the District of New Jersey.
The United States has recovered over $34 million relating to conduct involving MSO kickbacks to healthcare providers, including False Claims Act settlements with 39 physicians.
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlements are allegations only, and there has been no determination of liability.
Pro Pain Settlement PMMC SettlementMissouri Physicians and Pain Management Practices Agree to Pay over $650,000 to Settle Kickback Allegations Involving Laboratory TestingRead the Press Release
NEWARK, N.J. – Three doctors and two medical practices in Missouri have agreed to pay more than $650,000 to resolve kickback allegations, U.S. Attorney Philip R. Sellinger for the District of New Jersey and Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, announced.
Doctors Gregory Stynowick, and his pain management practice, Pain Management Medical Center LLC, of Florissant, Missouri; Chad Shelton and Michael Boedefeld, and their pain management practice, Pro Pain LLC, of St. Louis, Missouri, have agreed to pay a total of $653,796 to resolve False Claims Act allegations that they received illegal kickbacks in violation of the Anti-Kickback Statute in return for referring patients for laboratory testing. The parties have agreed to cooperate with the Department of Justice’s investigations of, and litigation against, other participants in the alleged schemes.
U.S. Attorney Philip R. Sellinger“Kickbacks can compromise medical practitioners’ judgment by creating financial incentives for certain medical decisions. Doctors and clinical laboratories are on notice that kickback-for-test schemes like those alleged here can violate the Anti-Kickback Statute. We will continue to use all appropriate tools to safeguard the integrity of the federal healthcare systems.”
“Kickbacks can compromise medical practitioners’ judgment by creating financial incentives for certain medical decisions,” U.S. Attorney Philip Sellinger said. “Doctors and clinical laboratories are on notice that kickback-for-test schemes like those alleged here can violate the Anti-Kickback Statute. We will continue to use all appropriate tools to safeguard the integrity of the federal healthcare systems.”
“Kickbacks are designed to improperly influence healthcare providers’ medical decisions,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said. “Patients should not have to wonder if their doctors’ medical decisions are being driven by unlawful inducements.”
“Individuals and entities that participate in the federal healthcare system are required to obey the laws meant to preserve the integrity of program funds and the provision of appropriate, quality services to patients,” Special Agent in Charge Naomi Gruchacz of the U.S. Department of Health and Human Services Office of Inspector General said. “Certain violations of the Anti-Kickback Statute can induce medically unnecessary testing and inappropriately steer medical tests to providers who may not return timely or quality results.”
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded healthcare programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlement announced today resolves allegations that Stynowick, Shelton, and Boedefeld, and their medical practices, received kickbacks in violation of the Anti-Kickback Statute in return for making referrals to laboratories in Texas, California, and Florida.
- Stynowick and Pain Management Medical Center. Stynowick and his pain management practice, Pain Management Medical Center, have agreed to pay $257,436 to resolve two allegations. From May 2017 to July 2018, Pain Management Medical Center allegedly received thousands of dollars in payments from a purported management service organization (MSO) named Beachwood Services LLC (Beachwood) in return for laboratory tests Stynowick ordered from Landmark Diagnostics LLC (Landmark), a clinical laboratory in Houston, Texas, and Sprint Diagnostics LLC (Sprint), a clinical laboratory in Santa Ana, California. From August 2018 to January 2020, Pain Management Medical Center allegedly received thousands of dollars in payments from a purported MSO named Alari Group LLC (Alari) in return for laboratory tests Stynowick ordered from Genesis Reference Laboratories LLC (Genesis), a clinical laboratory in Orlando, Florida, and InHealth Diagnostic LLC (InHealth), a clinical laboratory in Dallas, Texas.
- Shelton, Boedefeld, and Pro Pain. Shelton, Boedefeld, and their pain management practice, Pro Pain, have agreed to pay $396,360 to resolve two allegations. From February 2017 to September 2018, Pro Pain allegedly received thousands of dollars in MSO payments from Beachwood in return for laboratory tests Shelton and Boedefeld ordered from Landmark and Sprint. Second, from July 2018 to October 2020, Pro Pain allegedly received thousands of dollars in MSO payments from Alari in return for laboratory tests Shelton and Boedefeld ordered from Genesis, InHealth, and American Institute of Toxicology Inc. (AIT), a clinical laboratory in Denton, Texas.
The settlements were the result of a coordinated effort between the U.S. Attorney’s Office for the District of New Jersey and the Civil Division’s Commercial Litigation Branch, Fraud Section, with assistance from HHS-OIG.
The government is represented by Assistant U.S. Attorney Kruti Dharia of the U.S. Attorney’s Office, District of New Jersey, Opioid Abuse Prevention and Enforcement Unit and Senior Trial Counsel Christopher Terranova in the Civil Division’s Commercial Litigation Branch (Fraud Section).
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlements are allegations only, and there has been no determination of liability.
propain.settlement.pdf pmmc.settlement.pdfMissoula man sentenced to prison for firearms crimesRead the Press Release
MISSOULA — A Missoula man convicted by a federal judge of multiple firearms crimes was sentenced today to 21 months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.
After a two-day bench trial, U.S. District Judge Dana L. Christensen found Michael Blake DeFrance, 30, guilty on May 1 on all counts charged in a second superseding indictment, including prohibited person in possession of a firearm and three counts of false statement during a firearms transaction. The court presided at sentencing and ordered DeFrance to self-report to the Bureau of Prisons.
“DeFrance was previously convicted of partner or family member assault after he assaulted his then partner, Jermain Charlo. Because of this, he lost his right to possess firearms and yet he made false statements on firearms forms so he could illegally obtain guns at a pawn shop. Keeping guns out of the hands of those who are prohibited from having them is critical to the safety of others, particularly women, domestic partners, and families, and I applaud and thank Assistant U.S. Attorneys Jennifer S. Clark and Timothy J. Racicot and the FBI and Missoula Police Department for their hard work in holding DeFrance accountable for these crimes,” U.S. Attorney Laslovich said.
In court documents and at trial, the government alleged that on June 27, 2018, a Missoula Police Department detective located a .357-caliber revolver and a box of .357-caliber ammunition in the console of DeFrance’s truck. Two .22-caliber rifles were located under the back seat. On Oct. 2, 2018, law enforcement executed a search warrant on DeFrance’s residence and located a .357-caliber revolver on a desk by the front door. The detective recognized this gun as the revolver DeFrance had in his truck in June. DeFrance also had two rifles in his bedroom. When asked if he knew he was not supposed to have guns, DeFrance replied, “I was never clear on that.”
The government further alleged that in May 2013, DeFrance was sentenced for partner or family member assault on Jermain Charlo in Sanders County. DeFrance signed a waiver of rights form in which he acknowledged his rights, which included – on a list of possible consequences of pleading guilty – the loss of firearms rights. The same form contained space for DeFrance to explain the basis for his guilty plea, and his form stated, “On 4-14-2013, in Sanders County I caused bodily injury to my girlfriend.”
In addition, the government alleged that on three occasions in 2018, DeFrance completed Bureau of Alcohol, Tobacco, Firearms and Explosives forms at a Missoula pawn shop in which he represented that he had not been convicted of a misdemeanor crime of domestic violence. Prior to and after the assault in 2013, Charlo stayed with DeFrance in a camper on property belonging to the DeFrance family. Charlo and DeFrance were in an intimate relationship.
The government alleged DeFrance was prohibited from possessing firearms because he had been convicted of misdemeanor domestic violence and that he knowingly made false written statements in 2018 at a Missoula pawn shop in connection with his acquisition and attempted acquisition of three firearms.
Assistant U.S. Attorneys Jennifer S. Clark and Timothy J. Racicot prosecuted the case, which was investigated by the FBI’s Montana Regional Violent Crime Task Force and Missoula Police Department.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and 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.
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Miami Man Pleads Guilty to Involuntary Manslaughter in the Special Maritime Jurisdiction of the United StatesRead the Press Release
MIAMI – Yesterday, Josbel Fernandez Echevarria, 37, of Miami, Florida, pleaded guilty to two counts of involuntary manslaughter arising from the deaths of Javier M. Perez and Carolyn Alvarez.
According to the factual basis in support of the defendant’s guilty plea, on July 2, 2020, Echevarria was the operator of a 32-foot powerboat in waters off the coast of Bimini in The Bahamas. Echevarria’s girlfriend, Perez, and Alvarez were also onboard the boat. At around 10:29 p.m., the boat hit North Turtle Rock, a high-tide elevation marked on all navigational charts, as well as on the boat’s navigation system during the crash. The boat was traveling at 43.4 miles per hour at the time of impact.
Echevarria and his girlfriend were injured, but Perez and Alvarez did not survive the crash. Perez’s body was found on North Turtle Rock. Alvarez’s body has not yet been found.
Perez and Alvarez’s death occurred due to Echevarria’s failure to maintain a proper lookout and failure to proceed at a safe speed in violation of Parts 5 and 6 of the International Steering and Sailing Rules.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Acting Special Agent in Charge Matthew Margelot, U.S. Coast Guard Investigative Service (CGIS), Southeast Region, announced the guilty plea.
CGIS investigated the case, with assistance from the Royal Bahamian Police Force. Assistant U.S. Attorneys Thomas Watts-FitzGerald and Yara Dodin are prosecuting the case.
Sentencing is scheduled for January 12, 2024, at 2:00 p.m. before U.S. District Court Judge Kathleen M. Williams. Echevarria faces up to eight years in prison as to each count, criminal fines of up to $250,000 as to each count, and a period of supervised release of up to three years.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 22-cr-20256.
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Meraux Man Pleads Guilty to Federal Gun ChargesRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that GREGORY WARD, age 24, pleaded guilty on September 20, 2023 to a one-count indictment for violating the Federal Gun Control Act.
According to court documents, on November 3, 2022, a St. Bernard Sheriff's Office deputy stopped a vehicle after observing a small child freely moving around the interior of the vehicle. During the stop, the deputy smelled marijuana inside the vehicle and advised WARD of his Miranda rights.
After smelling marijuana in the vehicle, the deputy searched its interior and saw marijuana. A black backpack was also seen on the seat behind the driver's seat. Located within the backpack was a Century Arms Model Mini Draco, 7.62 x 39-millimeter caliber semi-automatic pistol and a Glock Model 19, 9-millimeter semi-automatic pistol.
Deputies learned that WARD had a previous felony conviction on July 25, 2022, in the 22nd Judicial District Court, Parish of St. Tammany, Case No. 0863-F-2021, for Illegal Possession of a Schedule IV Controlled Dangerous Substance, in violation of La. R.S. 40:969(c)(2).
WARD faces a maximum term of imprisonment of fifteen years, a fine of up to $250,000, up to three years of supervised release after imprisonment, and a mandatory $100 special assessment fee. U.S. District Judge Nannette Jolivette Brown set sentencing for January 18, 2024.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security Investigations and the St. Bernard Sheriff’s Office in investigating this matter. Assistant United States Attorney Jon Maestri of the General Crimes Unit is in charge of the prosecution.
Maryland Man Working for the Government Charged with EspionageRead the Press Release
WASHINGTON – A government contractor is charged by criminal complaint, unsealed today, with espionage. Abraham Teklu Lemma, 50, a naturalized U.S. citizen of Ethiopian descent living in Silver Spring, Maryland, is charged with gathering or delivering national defense information to aid a foreign government; conspiracy to gather or deliver national defense information to aid a foreign government; and having unauthorized possession of national defense information and willfully retaining it.
The charges were announced by United States Attorney Matthew M. Graves, Assistant Attorney General Matthew G. Olsen, of the Justice Department’s National Security Division, and Assistant Director in Charge David Sundberg of the FBI’s Washington Field Office.
Lemma worked as an IT administrator for the Department of State, and as a Management Analyst for the Department of Justice. In those positions, Lemma was granted a TOP SECRET security clearance and granted access to classified systems.
According to the criminal complaint, between December 19, 2022, and August 7, 2023, Lemma copied classified information from Intelligence Reports and deleted the classification markings from them. Lemma then removed the information, which was classified as SECRET and TOP SECRET, from secure facilities at the Department of State against protocol. The materials related to a specific country and/or geographic region. Lemma accessed, copied, removed, and retained this information without authorization.
It is further alleged that Lemma used an encrypted application to transmit classified national defense information to a foreign official associated with the specific country’s intelligence service. In these communications, Lemma expressed an interest and willingness to assist the foreign official in providing information. In one communication, the foreign official stated stated, “[i]t’s time to continue ur support.” Lemma responded, “Roger that!" In another chat, the foreign official praised Lemma’s efforts, stating “[a]lways this beautiful country have [sic] some special people who scarify [sic] their life to protect our proud history. You always remembered. It doesn’t matter the results.”
The two espionage charges carry a potential sentence of death or any term of years up to life, and the retention charge carries a maximum sentence of ten years. A federal judge will determine any sentence based on the U.S. Sentencing Guidelines and other statutory factors.
This case is being investigated by the FBI’s Washington Field Office, the State Department's Diplomatic Security Service, and the Justice Department's Office of the Inspector General.
It is being prosecuted by Assistant U.S. Attorneys Tejpal Chawla and Alexandra Hughes for the District of Columbia, Trial Attorneys Heather Schmidt and Kathryn DeMarco of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
A criminal complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Luzerne County Man Sentenced to 10 Years’ Imprisonment for Fentanyl TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Eric Hill, age 34, of Plymouth, Pennsylvania, was sentenced on September 19, 2023, by U.S. District Court Judge Robert D. Mariani, to 10 years’ imprisonment on the charge of conspiracy to distribute more than 400 grams of fentanyl.
According to United States Attorney Gerard M. Karam, Hill previously pleaded guilty and admitted to conspiring with other individuals to distribute between 400 grams and 1.2 kilograms of fentanyl in the Luzerne County area between 2019 and 2020.
The charge against the defendant resulted from an investigation conducted by the Bureau of Alcohol, Tobacco and Firearms (ATF), the Kingston Police Department, the Luzerne County Drug Task Force, and the Pennsylvania State Police. Assistant United States Attorney Robert J. O’Hara 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.
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Lee’s Summit Man Sentenced for Extortion SchemeRead the Press Release
KANSAS CITY, Mo. – A Lee’s Summit, Mo., man was sentenced in federal court today for a $1 million extortion scheme against two Kansas City, Mo., victims.
Leon L. Dudley III, 25, was sentenced by U.S. Chief District Judge Beth Phillips to seven years and five months in federal prison without parole. The court also ordered Dudley to pay $5,729 in restitution to his victims for the damage done to their home.
Dudley was found guilty at trial on Nov. 9, 2022, of one count of extortion.
Dudley delivered an extortion note to a Kansas City, Mo., residence on Aug. 24, 2018. The victims reported to law enforcement that a contractor arrived at the residence that morning to complete some work and found an envelope containing a handwritten letter taped to the front of the house near the front door. The letter contained a threat to vandalize and burn down the residence if the victims did not pay $1 million by the next day. The note included a cell phone number for the victim to text when the money was ready, and warned against contacting law enforcement.
The next day, Dudley used a pellet gun to break several windows in the house. The homeowners hired a private security firm, but Dudley returned that evening and broke more windows and a sliding glass door. Dudley caused a total of $5,729 in damage to the house.
Investigators traced the cell phone number on the extortion note to the residence where Dudley lives with his mother. Investigators also located Dudley’s Facebook account, which included a photograph of a handwritten note with similar handwriting to the extortion note, as well as photos of Dudley that matched the physical profile captured in surveillance video at the residence.
Investigators searched Dudley’s residence and found an Apple iPad in his bedroom. The iPad had been stolen during a burglary at the extortion victims’ residence while it was still under construction in June 2018. During a forensic examination of the iPad, investigators found it contained internet searches related to the victims, to burning down a house and purchasing explosive items, and two extortion notes similar to the handwritten note that was left at the victims’ residence. According to court documents, Dudley had prepared to deliver a second note threatening to shoot the homeowners, which was found by investigators on the stolen iPad before it could be delivered.
Investigators found fingerprints on the extortion note and on the envelope that matched to Dudley. They also matched the extortion note to Dudley through handwriting analysis and paper impression analysis, and matched the edges in the paper of the note with the fragment remaining in the spiral notebook from which it was torn, which was recovered in Dudley’s possession.
This case was prosecuted by Assistant U.S. Attorneys Gregg R. Coonrod and Stephanie C. Bradshaw. It was investigated by the Kansas City, Mo., Police Department and the FBI.
Lawrence Man Pleads Guilty in Conspiracy to Use Stolen Identities to Fraudulently Purchase VehiclesRead the Press Release
BOSTON – A Lawrence man pleaded guilty today to his role in a scheme to use the stolen identities of United States citizens from Puerto Rico to fraudulently purchase vehicles and other merchandise and apply for and utilize bank accounts and credit cards.
Joshua Cruz, 35, pleaded guilty to conspiracy to commit wire fraud, wire fraud and false representation of a Social Security number. U.S. District Court Judge Patti B. Saris scheduled sentencing for Jan. 12, 2024. The defendant and multiple co-defendants were charged by criminal complaint in September 2020 and subsequently indicted by a federal grand jury in October 2020.
According to charging documents, between December 2018 and January 2019, the defendant visited Massachusetts car dealerships to purchase late-model vehicles and applied for 100% financing. In support of the applications, the defendant provided stolen biographical information of real United States citizens, fraudulent Puerto Rico driver’s licenses, and Social Security cards in those identities as proof of identification. Cruz was charged with using stolen identities to obtain car loans and purchase three cars worth over $170,000, collectively.
The charges of wire fraud and conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense. The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Special Agent in Charge of Homeland Security Investigations, in New England; John E. Mawn Jr., Interim Colonel of the Massachusetts State Police; and Brockton Police Chief Brenda Perez made the announcement today. Valuable assistance was provided by the Lowell, Lawrence, Methuen, Haverhill, Woburn and Dartmouth Police Departments. Assistant U.S. Attorneys Elianna J. Nuzum and Adam W. Deitch of the Criminal Division prosecuted the case.
The investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized investigative group comprising personnel from various state, local, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.
The details contained in the indictment are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Laurens County man sentenced to federal prison for possession of sexually explicit images of childrenRead the Press Release
AUGUSTA, GA: A Laurens County man has been sentenced to prison after pleading guilty to possession of sexually explicit images of children.
Christopher Scott Andrews, 41, of East Dublin, Ga., was sentenced to 96 months in prison after previously pleading guilty to Possession of Child Pornography, said Jill E. Steinberg, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge Dudley H. Bowen also ordered Andrews to pay fines and restitution of $4,000, to register as a sex offender, and to serve 15 years of supervised release upon completion of his prison term. There is no parole in the federal system.
“Christopher Andrews sought and downloaded sexually explicit images of children, thereby perpetuating their victimization,” said U.S. Attorney Steinberg. “With our vigilant law enforcement partners, we will identify and hold accountable those who engage in such predatory behavior.”
As described in court documents and testimony, investigators from the Laurens County Sheriff’s Office in December 2022 received a CyberTip alerting them to potential child pornography linked to a cell phone number located in the greater Dublin area. With assistance from the FBI, investigators identified Andrews and questioned him at his residence, located in the rear of a retail store in East Dublin.
Investigators found hundreds of sexually explicit images of children in devices seized from Andrews. He was indicted on federal charges in March 2023 and pled guilty in May.
“Collecting sexually explicit images and videos of children is a despicable act,” said Assistant Special Agent in Charge Brian Ozden of FBI Atlanta. “Our continued work to investigate individuals who possess, receive and distribute child pornography should serve notice to those who may consider engaging in this behavior that it will not be tolerated.”
The case was investigated by the Laurens County Sheriff’s Office and the FBI, and prosecuted for the United States by Assistant U.S. Attorney and Project Safe Childhood Coordinator Jason W. Blanchard.
Anyone with information on suspected child sexual exploitation can contact the National Center for Missing and Exploited Children at 800-843-5678, or https://report.cybertip.org/.
Lafourche Parish Man Pleads Guilty to Violating Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – DILLON TOUPS, age 33, a resident of Larose, Louisiana, pled guilty on September 19, 2023 to possession with intent to distribute fifty (50) grams or more of methamphetamine and a quantity of fentanyl, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A), and 841(b)(1)(C), announced U.S. Attorney Duane A. Evans.
According to court documents, on December 18, 2021, Lafourche Parish Sheriff’s deputies conducted a traffic stop of TOUPS on Highway 1 in Raceland, Louisiana. After smelling marijuana in the vehicle, deputies searched the vehicle and found a bag containing 1,317 grams of methamphetamine on the back seat. During the investigation, deputies searched TOUPS’s residence in Larose, Louisiana and located 411 grams of methamphetamine and .91 grams of fentanyl.
TOUPS faces a mandatory minimum term of imprisonment of ten years and a maximum term of imprisonment of life, a fine of up to $10,000,000.00 at least five years of supervised release after any term of imprisonment and a mandatory special assessment fee of $100.00.
This case was investigated by the Drug Enforcement Administration and the Lafourche Parish Sheriff’s Office. The prosecution is being handled by Assistant United States Attorney André Jones of the Narcotics Unit.
Justice Department Tribal Access Program Will Continue to Improve the Exchange of Critical DataRead the Press Release
The Justice Department has selected 14 federally recognized Tribes to participate in the continued expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides Tribal governments with means to access, enter, and exchange data with national crime information systems, including those maintained by the FBI Criminal Justice Information Services (CJIS) Division. This announcement follows Attorney General Merrick B. Garland’s trip to Alaska last month, during which he visited Anchorage and the village of Galena. Attorney General Garland met with Tribal leaders and advocates to discuss the public safety challenges that Alaska Native individuals and communities face.
“Meeting the most urgent public safety challenges in Tribal communities requires strengthening cooperation and collaboration between Tribal and federal law enforcement,” said Attorney General Merrick B. Garland. “This latest expansion of access to national crime databases will empower Tribal governments with better tools and technology and will help make Tribal communities and communities across the country safer.”
The program provides training as well as software and biometric/biographic kiosk workstations to process fingerprints, take mugshots, and submit information to CJIS systems. With these additional Tribes, there are now 132 federally recognized Tribes participating in TAP.
The Justice Department began TAP in 2015 in response to concerns raised by Tribal leaders about the need to have direct access to federal systems. Using TAP, Tribes have shared information about missing persons; registered convicted sex offenders; entered domestic violence orders of protection for nationwide enforcement; run criminal histories; identified and arrested fugitives; entered bookings and convictions; and completed fingerprint-based record checks for non-criminal justice purposes such as screening employees or volunteers who work with children.
The following Tribes have been selected for participation in TAP:
- Pauma Band of Luiseno Mission Indians
- Chickaloon Native Village
- Nez Perce Tribe
- Mashpee Wampanoag Tribe
- Agua Caliente Band of Cahuilla Indians
- Quechan Tribe
- Pueblo of Isleta
- Pala Band of Mission Indians
- Lovelock Paiute Tribe
- Tonto Apache Tribe
- Bois Forte Band of Chippewa
- Yakutat Tlingit Tribe
- Ho-Chunk Nation
- Comanche Nation
TAP is managed by the Justice Department’s Office of the Chief Information Officer and the Office of Tribal Justice. It is funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART), the Office of Community Oriented Policing Services (COPS), the Office for Victims of Crime (OVC), and the Office on Violence Against Women (OVW).
For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.
Justice Department Secures Agreement with UPS to Resolve Immigration-Related Employment Discrimination ClaimsRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with United Parcel Service Inc. (UPS). The settlement resolves the department’s determination that UPS violated the Immigration and Nationality Act (INA) when the company discriminated against a lawful permanent resident based on his immigration status and then retaliated against him. The department also determined that UPS routinely rejected valid documentation that certain non-U.S. citizens presented to obtain an airport badge, which they needed to perform certain job duties at an UPS airport facility.
“Employers cannot create unlawful barriers based on workers’ immigration status at any point during the hiring process,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will vigorously enforce the law to ensure employers conduct all parts of the hiring process fairly and that workers are not retaliated against for exercising their rights.”
Under the settlement, UPS will pay nearly $100,000 in back pay, front pay and associated benefits to the affected worker. It will also pay a civil penalty to the United States, train its staff on the INA’s anti-discrimination provision, revise its policies and procedures and be subject to monitoring by the department.
The department’s investigation arose from a complaint alleging that UPS discriminated and retaliated against a lawful permanent resident in its airport badging process at its Logan Airport facility in Boston. The department concluded that UPS discriminated against the lawful permanent resident when UPS rejected the documentation that the worker provided to receive an airport badge, even though the worker provided valid and acceptable documentation according to airport authority rules. According to the department, because UPS rejected the worker’s documentation, it refused to submit a badge application to the relevant airport authority on his behalf, which made it impossible for him to complete certain job duties. The department determined that UPS later retaliated against the worker by firing him after he complained to UPS about the discrimination.
The department also found that the UPS facility had a policy or practice of rejecting valid documentation that some non-U.S. citizens show to obtain an airport badge, such as Machine Readable Immigrant Visas (MRIVs) with an I-551 stamp.
The investigation concluded that the airport authority was not involved in the alleged discrimination and its badging policies were the same regardless of a person’s citizenship, immigration status or national origin.
Under the INA, employers generally cannot discriminate based on citizenship, immigration status or national origin at any stage of the hiring process. Employers also cannot retaliate against a person for asserting their rights under the law.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship or immigration status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Find more information on how employers can avoid discrimination when hiring and recruiting on IER’s website. Learn more about how IER protects workers’ rights in this video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a live webinar or watch an on-demand presentation; email [email protected]; or visit IER’s English and Spanish websites. Sign up for email updates from IER.
ups_settlement_agreement_september_21.pdfIowa City Man Sentenced to 132 months in Prison for Receipt of Child PornographyRead the Press Release
DAVENPORT, IA – An Iowa City man was sentenced on September 20, 2023, to 132 months in federal prison for receipt of child pornography.
According to public court documents, and evidence presented at sentencing, Yasir Elamin Babekir Hamid, 65, was identified by law enforcement as a person of interest after a cybertip was received by the National Center for Missing and Exploited Children (NCMEC) from a social media platform on which videos of child sexual abuse material had been uploaded. Law enforcement traced the account to Hamid. During a search warrant of Hamid’s residence, law enforcement seized five electronic devices and forensically searched the devices. Officers located hundreds of images and videos of child sexual abuse material. In total, Hamid was held responsible for 17,105 images.
After completing his prison term, Hamid will be required to serve five years of supervised release. There is no parole in the federal system. Hamid was also ordered to pay $3,000 in restitution.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the Iowa City Police Department.
This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U.S. Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nationwide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children. Any persons having knowledge of a child being sexually abused are encouraged to call the Iowa Sexual Abuse Hotline at 1-800-284-7821.
Illegal gun possession sends Great Falls felon arrested after standoff to prisonRead the Press Release
GREAT FALLS — A Great Falls felon who admitted to illegally possessing two firearms at his business following a standoff with law enforcement was sentenced today to 32 months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.
Stephen Jeffrey Vogel, 35, pleaded guilty in May to prohibited person in possession of firearms.
Chief U.S. District Judge Brian M. Morris presided.
The government alleged in court documents that on Dec. 11, 2022, law enforcement attempted to conduct a welfare check on a woman, identified as Jane Doe, at a gas station near a business she shared with Vogel after receiving a report that Doe may have been assaulted and was attempting to hide. Officers arrived just after Doe left the gas station and crashed a vehicle in front of the business. Vogel was present but ignored commands from officers and locked himself inside the shared business. Doe, who had an injury on her forehead, reported that Vogel had threatened her with a firearm and assaulted her. Great Falls Police Department officers then engaged in a nearly three-hour standoff with Vogel before he peacefully surrendered. In a search of the business, officers located a loaded 9 mm semi-automatic pistol and a 12-gauge shotgun hidden above ceiling tiles. A review of Vogel’s jail calls confirmed he hid the firearms knowing law enforcement would seize them if discovered. Vogel was prohibited from possessing firearms because of a 2013 felony conviction.
An assistant U.S. attorney prosecuted the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Great Falls Police Department and Cascade County Sheriff’s Office conducted the investigation.
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.
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Houston Man Sentenced to 360 Months Imprisonment for Trafficking 13-Year-Old Female into the New Orleans Area to Perform Commercial Sex ActsRead the Press Release
NEW ORLEANS – RANDI LEWIS (a/k/a “Teddy,” a/k/a “Teddy P.”), age 35, from Houston, Texas, was sentenced on September 20, 2023 to 360 months in prison by United States District Judge M. Lance after previously pleading guilty to Count 2 of the indictment pending against him, charging LEWIS with sex trafficking of a child under the age of 14, in violation of Title 18, United States Code, Section 1591(a) and 1591(b)(1), announced U.S. Attorney Duane A. Evans. Judge Africk also sentenced LEWIS to supervision after his release from prison for a term of life, a $100 mandatory special assessment fee and restitution to the victim’s guardian in the amount $620. Additionally, LEWIS will be required to register as a sex offender. The charges stem from LEWIS’s role in transporting a thirteen-year-old female from Houston to New Orleans in June 2021, to engage in commercial sex acts.
According to court documents, LEWIS met his co-conspirator, Chelsea Gee, a female born in 2003, in about late 2019 or early 2020, when Gee was a minor. LEWIS recruited Gee to engage in commercial sex acts under his direction, and she complied. LEWIS also instituted a series of rules for Gee to follow, including how to behave, what to wear, with whom she was allowed to interact (i.e., look at and speak to), as well as the amount of money she was expected to earn from engaging in daily commercial sex acts. LEWIS routinely tracked Gee’s location using a location sharing cellular phone application and regularly engaged in sexual acts with Gee.
Together, LEWIS and Gee met the thirteen-year-old victim, in the Houston, Texas area not later than June 21, 2021. At LEWIS’s direction, Gee recruited the victim to perform commercial sex acts. After the victim agreed, LEWIS arranged for he, Gee, and the victim to travel to New Orleans on a Greyhound bus so that Gee and the victim would then engage in commercial sex acts. Between June 22, 2021, and June 24, 2021, Gee and the victim performed multiple commercial sex acts in the New Orleans area. LEWIS required Minor Victim to turn over all, or most, of the money she earned from commercial sex acts to LEWIS. LEWIS and Gee instructed the victim on the manner in which to successfully perform commercial sex activities. These instructions included how to behave, what to wear, how to identify and avoid law enforcement, and how to solicit and engage in commercial sex activities, all under LEWIS’s direction.
On LEWIS’s direction, Gee and the victim solicited commercial sex “dates” in several ways. First, they walked the streets soliciting customers. Additionally, LEWIS advertised using an online sexual service, classified ad service used to market sexual services for money. As a result, LEWIS received telephone calls, text messages, and messages via social media applications inquiring about, and scheduling, prostitution calls with Gee and the victim. LEWIS used sexually explicit pictures of the victim in the advertisements. Further, LEWIS and Gee drugged the victim with illicit and mood-altering drugs, including marijuana, to control her behavior, and/or to encourage her to engage in commercial sex acts. Law enforcement authorities recovered the victim at a hotel in Terrytown, Louisiana, on June 24, 2021.
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 individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the Jefferson Parish Sheriff’s Office in this matter. Assistant United States Attorney Jordan Ginsberg, Chief of Public Integrity Unit, was in charge of the prosecution.
Hartford Man Sentenced to Prison for Straw Purchasing FirearmsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that JAIME DIAZ, 30, of Hartford, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 24 months of imprisonment, followed by three years of supervised release, for illegally purchasing, possessing, and selling firearms.
According to court documents and statements made in court, between August 2020 and November 2021, Diaz purchased approximately 17 handguns from two Connecticut firearm dealers. At the time of the purchases, Diaz was an unlawful user of controlled substances. After obtaining the firearms, Diaz sold them to others in exchange for cash, as well as narcotics.
On November 30, 2021, ATF special agents interviewed Diaz and seized the only firearm that remained in his possession. Diaz sold one handgun back to the firearm dealer he had purchased it from. Another handgun that Diaz purchased was recovered by the Hartford Police Department from an individual charged with drug trafficking. The remaining 14 firearms handguns have not been recovered.
On September 7, 2022, Diaz pleaded guilty to one count of unlawful possession of a firearm by a prohibited person, and one count of dealing in firearms without a license. Diaz has been detained since April 10, 2023, when his bond was revoked.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The case was prosecuted by Assistant U.S. Attorney A. Reed Durham through Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Hartford Man Involved in Oxycodone and Fentanyl Pill Trafficking Ring Sentenced to PrisonRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that JOSE LORA, 30, of Hartford, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 24 months of imprisonment, followed by three years of supervised release, for his role in a narcotics trafficking organization that distributed oxycodone pills, counterfeit oxycodone pills containing fentanyl, and other drugs in the Hartford area.
According to court documents and statements made in court, this matter stems from a joint investigation by the DEA Tactical Diversion Squad and the FBI Northern Connecticut Gang Task Force targeting individuals who were distributing oxycodone pills, counterfeit oxycodone pills containing fentanyl, and other drugs from neighborhood grocery stores in New Britain and Hartford. Between January 2020 and March 2021, investigators made several controlled purchases of illegal pills at the Washington Market, formerly located at 453 Washington Street in Hartford; JZ Tobacco, located at 25 New Britain Avenue in Hartford, and Prestige Market, located at 23 New Britain Avenue in Hartford. Lora worked at the stores and served as a drug runner and lookout for the organization.
On December 20, 2020, investigators stopped a vehicle registered to Ray Urena and found approximately 4,000 oxycodone pills and $51,000 in cash in a hidden “trap” beneath the front passenger seat of the car.
Lora, Urena, and others were arrested on May 18, 2021. On that date, searches of an apartment on Colonial Street in Hartford that was used by the drug trafficking organization, and two vehicles parked outside of the stash house, revealed approximately two kilograms of fentanyl, approximately 170 grams of heroin, more than 5,000 real and counterfeit oxycodone pills, approximately 2,000 xanax pills, approximately one kilogram of cocaine, approximately 100 grams of crack, items used to process and package narcotics, two handguns, and ammunition. A search of Urena’s residence in Waterbury revealed approximately $54,000.
On May 11, 2023, Lora pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, fentanyl.
Urena pleaded guilty to the same charge and awaits sentencing.
Lora, who is released on a $25,000 bond, is required to report to prison on November 29.
The DEA’s New Haven Tactical Diversion Squad is composed of personnel from the DEA and the Bristol, East Windsor, Hamden, New Britain, West Haven, Newington, Manchester, Glastonbury, and Watertown Police Departments. The FBI’s Northern Connecticut Gang Task Force includes members of the Hartford Police Department, East Hartford Police Department, New Britain Police Department, West Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
This case is being prosecuted by Assistant U.S. Attorney John T. Pierpont, Jr.
Hancock County manufacturer to pay $1.9 million for environmental violationsRead the Press Release
WHEELING, WEST VIRGINIA – Messer, LLC, an industrial gas manufacturing facility located in New Cumberland, West Virginia, will pay a $1.9 million civil penalty for violations of its Clean Water Act permit and the West Virginia Water Pollution Control Act.
The Clean Water Act prohibits the discharge of any pollutant into waters of the United States, except in compliance with a permit issued by the U. S. Environmental Protection Agency and administered by the West Virginia Department of Environmental Protection. Messer, LLC’s permit imposed limits for the discharge of specific pollutants, including copper, aluminum, iron, residual chlorine, and phenolics. According to court documents, Messer, LLC exceeded permit limits when it discharged pollutants into the Ohio River on at least 186 occasions since February 2016.
“We all have a right to safe and clean drinking water, and whenever that right is threatened the Justice Department will take action,” said United States Attorney William Ihlenfeld.
In addition to the civil penalty, Messer, LLC must take steps to prevent future violations of its National Pollutant Discharge Elimination System permit, including the construction of a new treatment system at its New Cumberland facility, implementation of a response plan in the instance of future violations, mandatory internal inspections, and quarterly reporting requirements to federal and state agencies.
The civil penalty will be equally divided between the U. S. Department of Justice and the West Virginia Department of Environmental Protection.
Assistant U.S. Attorney Maximillian Nogay served as local counsel for the Environmental and Natural Resources Division of the U. S. Department of Justice in this matter.
A Consent Decree was entered by the United States District Court on September 11, 2023. Messer, LLC did not admit any liability to the United States or the State of West Virginia arising out of the transactions or occurrences alleged in the complaint.
Great Falls meth trafficker sentenced to 14 years in prisonRead the Press Release
GREAT FALLS — A Great Falls man who admitted conspiring to bring large quantities of methamphetamine from California to Montana for distribution was sentenced today to 14 years in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said.
Joshua Daniel Wilson, 48, pleaded guilty in April to conspiracy to distribute and to possess with intent to distribute meth.
Chief U.S. District Judge Brian M. Morris presided.
The government alleged in court documents that in May 2021, Wilson was to have a received a shipment of meth through UPS for redistribution in Great Falls. However, the package was damaged in transit, and UPS employees in Billings discovered meth. Billings Police officers seized the package and found it contained approximately two pounds of meth, which is the equivalent of about 7,248 doses. Drug task force officers in Great Falls took possession of the package and made a controlled delivery. Wilson later admitted that he was obtaining packages of meth in the mail from California for resale and used the address of another person for the shipments.
Assistant U.S. Attorney Jeffrey K. Starnes prosecuted the case. The Drug Enforcement Administration, Russell Country Drug Task Force and Billings Police Department conducted the investigation.
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
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Grand Jury - September 2023Read the Press Release
Acting United States Attorney Susan Lehr announced the federal Grand Jury for the District of Nebraska has returned 9 unsealed Indictments charging 9 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Daniel Butt, age 38, of St. Paul, Nebraska, is charged in a four-count Indictment. Count I charges Butt with false statement on loan and credit application on or about December 28, 2015, and continuing to on or about February 16, 2016. The maximum possible penalty if convicted is 30 years’ imprisonment, a $1,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count II charges Butt with false statement on loan and credit application on or about November 27, 2017, and continuing to on or about January 3, 2018. The maximum possible penalty if convicted is 30 years’ imprisonment, a $1,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges Butt with larceny-conversion of property on or about October 1, 2018, and continuing to on or about October 25, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, a $10,000 fine, a three-year term of supervised release, and a $100 special assessment. Count IV charges Butt with bankruptcy fraud on or about August 9, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Kene D. Coleman, age 42, is charged with possession with intent to distribute 400 grams or more of fentanyl on or about August 11, 2023. The maximum possible penalty if convicted is not less than 15 years’ and up to life imprisonment, a $20,000,000 fine, not less than 10 years and up to a life term of supervised release, and a $100 special assessment.
* Brandon L. Hutchinson, age 38, is charged in a two-count Indictment. Count I charges Hutchinson with possession with intent to distribute 500 grams or more of methamphetamine with detectable amount of fentanyl on or about July 16, 2023. The maximum possible penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment. Count II charges Hutchinson with possession of a firearm in furtherance of a drug trafficking crime from on or about July 16, 2023. The maximum possible penalty if convicted is not less than 5 years’ and up to life imprisonment consecutive to Count I, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit $2,033 in United States currency seized on or about July 16, 2023.
* Lazaro Onasi Lopez Campos, age 47, of Lincoln, Nebraska, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about March 8, 2023. The maximum possible penalty if convicted is not less than 15 years’ and up to life imprisonment, a $20,000,000 fine, not less than 10 years and up to a life term of supervised release, and a $100 special assessment.
* Edwin Okoronkwo, age 35, of Omaha, Nebraska, is charged with producing, using, or trafficking in a counterfeit access device on or about August 26, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Gerardo Pedro Rafael-Antonio is charged with illegal reentry of a removed alien after a felony conviction on or about February 5, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Jonathan Dean Schelling, age 35, of Kearney, Nebraska, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about March 28, 2023. The maximum possible penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment.
* Robert L. Thomas, age 43, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about April 25, 2023. The maximum possible penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment. There is also an allegation to forfeit $17,801.41 in United States currency seized on or about April 25, 2023.
* Kristin M. Uhing, age 53, of Dodge, Nebraska, is charged in a four-count Indictment. Counts I through IV charge Uhing with bank fraud from on or about October 10, 2018, and continuing to on or about July 15, 2021. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment for each Count.
Four Time Felon Pleads Guilty to New Drug and Gun ChargesRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Ivan Morales, 48, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra. Jr. to possession with intent to distribute 500 grams or more of cocaine and being a felon in possession of firearms. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life and an $8,000,000 fine.
Assistant U.S. Attorneys Louis A. Testani and Casey Chalbeck, who are handling the case, stated that on October 13, 2022, law enforcement officers executed a search warrant at Morales’s Ideal Street residence and seized suspected marijuana, a digital scale, and approximately $2,546.00 in U.S. currency. They also searched a Shanley Street apartment associated with Morales and seized approximately 1.5 kilograms of cocaine of cocaine, 12 clear bags containing cocaine, suspected MDMA pills, eight firearms, numerous magazines and ammunition, drug paraphernalia, and 250 $100 bills, for a total of $25,000.00 in U.S. currency. In 1998, 2004, 2006, and 2020, Morales was convicted of felonies in state and federal court and is legally prohibited from possessing firearms.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.
Sentencing is scheduled for January 16, 2024, before Judge Sinatra.
Former Montana Department of Public Health and Human Services employee admits stealing money from federal aid programsRead the Press Release
MISSOULA — A former employee with the Montana Department of Public Health and Human Services (DPHHS) in Butte admitted today to stealing federal funding for assistance programs by submitting false information on applications, U.S. Attorney Jesse Laslovich said.
Heather Marie Bugni, 34, of Butte, pleaded guilty to theft of government money, property or records. Bugni faces a maximum of 10 years imprisonment, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for Feb. 1, 2024 before U.S. District Judge Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Bugni was released pending further proceedings.
In court documents, the government alleged that Bugni was employed by the Montana Department of Public Health and Human Services as a client services coordinator from October 2015 to July 2021. Bugni processed applications, conducted interviews and approved benefits for multiple public assistance programs, including the federal programs Medicaid, which is medical assistance for low-income persons, and the Supplemental Nutrition Assistance Program (SNAP), which is a nutrition assistance program for low-income individuals and families.
The government further alleged that Bugni approved applications, entered false information and incorrect wage information that resulted in her boyfriend’s mother receiving $13,869 in Medicaid benefits and $848 in SNAP benefits and her boyfriend’s father receiving $63,303 in Medicaid benefits. Bugni also applied for SNAP benefits on behalf of her daughter and filled out the application posing as her boyfriend. Bugni intentionally provided an incorrect address for them and later called DPHHS, posing as the boyfriend’s mother, and verified the incorrect address. Bugni knew that if she had provided the correct address, her own income would have made her daughter and boyfriend ineligible for SNAP benefits. Bugni received $11,309 in SNAP benefits from this conduct.
Assistant U.S. Attorney Michael A. Kakuk is prosecuting the case. The U.S Department of Health and Human Services Office of Inspector General conducted the investigation.
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Former Dona Ana County Deputy Sheriff Charged with Federal Civil Rights and Obstruction OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Michael Andrew Martinez has been arrested on a criminal complaint charging him with deprivation of rights under color of law and obstruction of justice. Martinez, 33, of Las Cruces, New Mexico, will appear in federal court for an initial appearance today.
According to the criminal complaint, on or about April 30, 2023, Michael Andrew Martinez, while working in his official capacity as an officer with the Doña Ana Sheriff’s Office (DASO), allegedly kidnapped and sexually assaulted the victim, Jane Doe, thereby depriving Jane Doe of her Fourth Amendment right to be free from unreasonable searches and seizures. Martinez allegedly then obstructed justice by attempting to destroy evidence related to his kidnapping and sexual assault of the victim.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted on the current charges, Martinez faces up to life imprisonment.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Doña Ana Sheriff’s Office and the New Mexico State Police. Assistant U.S. Attorneys Marisa Ong and Matilda McCarthy Villalobos are prosecuting the case.
In addition to the Doña Ana Sheriff’s Office, Martinez was previously employed by the New Mexico State Police and Hatch Police Department. If you have reason to believe you or someone you know may be a victim of Martinez, or if you have information about this ongoing investigation, please call the FBI at (505) 889-1300 or submit their tips online at tips.fbi.gov.
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Former CFO of Russian Natural Gas Company Sentenced to More Than Seven Years in Prison for Tax CrimesRead the Press Release
Mark Anthony Gyetvay of Naples, Florida, was sentenced today to 86 months in prison for a scheme to hide millions of dollars of income in undisclosed Swiss bank accounts and submitting a false filing with the IRS. Gyetvay was also ordered to serve three years of supervised release and to pay a $350,000 fine and approximately $4,021,074 in restitution to the United States. A federal jury convicted Gyetvay in March of failing to file a Report of Foreign Bank and Financial Accounts (FBAR), making a false statement to the IRS and willfully failing to file tax returns.
According to court documents and evidence presented at trial, 2005 to 2015, Gyetvay concealed his ownership and control over substantial offshore assets and did not file tax returns or pay taxes on millions of dollars of income.
After working as a certified public accountant (CPA) in the United States and Russia, Gyetvay became the chief financial officer of Novatek, a large Russian natural gas company. Beginning in 2005, Gyetvay opened two different accounts at a bank in Switzerland to hold large sums of money, which at one point had an aggregate value of over $93 million. Over a period of several years, Gyetvay took steps to conceal his ownership and control over these funds, including removing his name from the accounts and making his then-wife, a Russian citizen, the beneficial owner of the accounts. Additionally, and despite being a CPA, Gyetvay did not file personal tax returns for 2013 and 2014.
Moreover, Gyetvay did not file FBARs, as required, to disclose his control over the Swiss bank accounts, even rejecting his accountant’s recommendation to do so. In an unsuccessful attempt to avoid significant financial penalties, Gyetvay made a false filing with the IRS using the Streamlined Foreign Offshore Procedures, which is only available to taxpayers whose failure to report offshore assets and income is due to non-willful conduct.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Roger Handberg for the Middle District of Florida made the announcement.
IRS-Criminal Investigation investigated the case.
Senior Litigation Counsel Stanley J. Okula Jr., Assistant Chief David Zisserson and Trial Attorney Kevin Schneider of the Tax Division prosecuted the case with support from the U.S. Attorney’s Office for the Middle District of Florida.
Fentanyl trafficking in Kalispell area sends Mexican citizen to prisonRead the Press Release
MISSOULA — A Mexican citizen who admitted to trafficking fentanyl in the Kalispell area after law enforcement seized 12,000 fentanyl pills, more than $72,000 in U.S. currency and a pistol from his vehicle was sentenced today to seven years and three months in prison, to be followed by four years of supervised release, U.S. Attorney Jesse Laslovich said.
Cuauhtemoc Cervantes Samaniego, 30, pleaded guilty in May to a superseding information charging him with possession with intent to distribute fentanyl.
U.S. District Judge Dana L. Christensen presided.
The government alleged in court documents that Samaniego trafficked fentanyl in the Kalispell community from about May 2022 through Oct. 5, 2022. Investigators received information that Samaniego was in Kalispell with a large amount of fentanyl to distribute. At about 2:50 a.m. on Oct. 5, 2022, law enforcement officers located Samaniego at a gas station in Kalispell and searched his vehicle. Officers found 12,000 fentanyl pills, $72,687 in U.S. currency and a 9mm pistol. An individual later told an agent that Samaniego had met with a person prior to law enforcement stopping him and that Samaniego had provided the person fentanyl pills. The person gave Samaniego a firearm.
Assistant U.S. Attorney Jennifer S. Clark prosecuted the case. Homeland Security Investigations, the Northwest Drug Task Force and Montana Highway Patrol conducted the investigation.
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.
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Federal Jury Convicts Palm Beach County Resident of Participating in Fentanyl Trafficking ConspiracyRead the Press Release
MIAMI – A Palm Beach County resident has been convicted by a federal jury of participating in a fentanyl trafficking conspiracy.
Belas Shelson Rosier, 34, of Greenacres, Florida, was found guilty on all counts following a four-day jury trial in Fort Pierce, Fla., before U.S. District Judge Aileen M. Cannon. Rosier was convicted of conspiracy to possess with intent to distribute over 400 grams of fentanyl, and possession with intent to distribute over 400 grams of fentanyl, in addition to fentanyl analogs and cocaine.
According to court documents, the investigation into Rosier was initiated, by federal and local investigators, based on evidence recovered during the successful prosecution of one of Rosier’s long-term street level fentanyl and cocaine distributors. The evidence presented at trial established that Rosier was responsible for the distribution of at least six kilograms of fentanyl during the time period of October 4, 2021 through March 9, 2022. During the investigation, federal agents seized and administratively forfeited over $50,000 in cash and $50,000 in jewelry that had been recovered from Rosier’s possession.
Rosier is scheduled to be sentenced by U.S. District Judge Cannon on December 19, 2023, in Fort Pierce. Rosier faces a mandatory minimum ten-year term of imprisonment, up to a maximum of life imprisonment, as to each count of conviction.
U.S. Attorney for the Southern District of Florida Markenzy Lapointe, Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI), Miami, Christopher A. Robinson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Miami Field Division, Frank Adderly, Chief of Police, West Palm Beach Police Department (WPBPD), and Ric L. Bradshaw, Sheriff, Palm Beach County Sheriff’s Office (PBSO) made the announcement.
HSI Miami and ATF Miami Field Office investigated this case jointly with their local partners from WPBPD and PBSO. AUSA John McMillan is prosecuting this case. Assistant U.S. Attorney William Zloch is handling asset forfeiture.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under Case No. 23-CR-80045.
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Federal Inmate Charged with Possessing A WeaponRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kahlil Shelton, age 28, a federal prison inmate, was indicted by a federal grand jury for the offense of possessing contraband in prison.
According to United States Attorney Gerard M. Karam, the indictment alleges that on or about June 20, 2023, while an inmate at the Federal Correctional Institution, Schuylkill (FCI Schuylkill), in Minersville, Pennsylvania, Shelton possessed a 6.5-inch metal implement with a cloth handle capable of being used as a stabbing weapon.
The case was investigated by the Federal Bureau of Investigation (FBI) and the Federal Bureau of Prisons Special Investigative Service. Assistant United States Attorney Jeffery St John is prosecuting the case.
The maximum penalty under federal law for this offense is five years’ imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Federal Grand Jury B Indictments Announced- September 2023Read the Press Release
TULSA, Okla. – United States Attorney Clint Johnson today announced the results of the June 2023 Federal Grand Jury B.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Nathan Dwayne Burks. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, and Carrying, Using, Brandishing, and Discharging a Firearm During and in Relation to a Crime of Violence. Nathan Dwayne Burks, 32, a Cherokee citizen is charged with assault with a dangerous weapon with intent to do bodily harm in Indian Country, and carrying, using, brandishing, and discharging a firearm during and in relation to a crime of violence following a standoff with the Sand Springs Police Department and subsequent arrest. Sand Springs Police Department and FBI are the investigating agencies. Assistant U.S. Attorney Matt Cyran is prosecuting the case. 23-CR-312
John Arthur Walker Jr., Eric Ray Myers. Kidnapping. John Arthur Walker Jr., 49, and Eric Ray Myers, 31, both Muscogee citizens, are charged with kidnapping a person on or about Aug. 16, 2023. The Broken Arrow Police Department and FBI are the investigating agencies. Assistant U.S. Attorneys Michael Harder and Kate Brandon are prosecuting the case. 23-CR-311
Jason Dale Hurt. Distribution of Heroin and Fentanyl Resulting in Death. Jason Dale Hurt, 49, is charged with distribution of heroin and fentanyl resulting in death after he allegedly distributed a mixture and substance containing heroin, a Schedule I controlled substance, and fentanyl, a Schedule II controlled substance, resulting in the death of the victim. The Drug Enforcement Administration is the investigating agency. Assistant U.S. Attorneys Adam Bailey and Michael Harder are prosecuting the case. 23-CR-308
Julia Lydia Savage. Drug Conspiracy. Julia Lydia Savage, 33, from Atascadero, California, is charged with drug conspiracy after she allegedly conspired with others to distribute methamphetamine. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the investigating agency. Assistant U.S. Attorneys John Brasher and Nate Michael prosecuting the case. 23-CR-309
Rolando Alvarado-Villanueva. Unlawful Reentry of a Removed Alien. Rolando Alvarado-Villanueva, 33, a Mexican national, is charged with unlawfully reentering the United States after he was arrested by the Tulsa Police Department on unrelated charges. He had been previously deported and removed from the United States on or about Sept. 19,2014, at or near New Orleans, Louisiana. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney Elliot Anderson is prosecuting the case. 23-CR-306
Jorge Becerra-Ambriz. Unlawful Reentry of a Removed Alien. Jorge Becerra-Ambriz, 43, a Mexican national, is charged with unlawfully reentering the United States after being arrested by the Tulsa County Sheriff’s Office on unrelated charges. He was previously deported and removed from the United States on or about July 31, 2020, at or near Hidalgo, Texas. Immigration and Customs Enforcement, Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney Cheryl Baber is prosecuting the case. 23-CR-307
Carlos Manuel Rivera-Lopez. Unlawful Reentry of a Removed Alien. Carlos Manuel Rivera-Lopez, 23, a Honduran national, is charged with unlawful reentry of a removed alien after being arrested by Muscogee Nation Lighthorse Police Department on unrelated charges. He was previously deported and removed from the United States on or about Aug. 13,2018, at or near Houston, Texas. The U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney Cymetra Williams is prosecuting the case. 23-CR-310
Federal Government Takes Title and Ownership of an Oakland Park House Used to Store and Distribute DrugsRead the Press Release
MIAMI – On September 20, 2023, U.S. District Judge William P. Dimitrouleas, in Fort Lauderdale, issued a Final Order of Forfeiture, which vested all right, title, interest, ownership, and possession of an Oakland Park house to the U.S. Government.
The U.S. Government was able to forfeit the Oakland Park residence after law enforcement executed a federal search warrant at the house. At the time of the federal search warrant, defendant Daniel Joe Williams, a/k/a “Daniel Williams,” was living at, as well as using the house to store and distribute drugs. During the execution of the search warrant, law enforcement found various amounts of powder and crack cocaine, scales, a firearm, and ammunition, all of which were further evidence that the house was being used to facilitate the drug crimes. Williams pled guilty to possession with intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime. Williams has multiple past felony convictions for distributing drugs. Following Williams’ guilty plea, and after providing notice to the public and the homeowner, the U.S. Government sought and obtained a Final Order of Forfeiture, which vested all right, title, and interest in the house to the U.S. Government.
Markenzy Lapointe, U.S. Attorney for the Southern District of Florida, and Christopher A. Robinson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), made the announcement.
The ATF Miami Field Office investigated the case. Assistant U.S. Attorney Deric Zacca prosecuted the criminal case, and Assistant U.S. Attorney Mitchell Evan Hyman and Assistant U.S. Attorney Emily R. Stone handled forfeiture.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 23-cr-60008.
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Farrell, PA Resident Pleads Guilty to Drug TraffickingRead the Press Release
PITTSBURGH, PA – Maurice Brooks was convicted of committing fentanyl and cocaine trafficking crimes, United States Attorney Eric G. Olshan announced today.
Brooks, age 36 of Farrell, Pennsylvania, pled guilty before United States District Judge J. Nicholas Ranjan. Brooks pled guilty to (1) distributing fentanyl on May 2, 2022, and (2) possessing with intent to distribute fentanyl and cocaine on June 2, 2022. Judge Ranjan scheduled sentencing to occur on January 17, 2024, at 2:00 p.m.
Assistant United States Attorney Craig W. Haller is prosecuting this case on behalf of the United States.
The Mercer County Drug Task Force, the Pennsylvania Office of Attorney General, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation leading to the conviction in this 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 of Justice 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.
El Departamento de Justicia llega a un acuerdo con UPS para resolver una acusación de discriminación en el empleo relacionada con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con United Parcel Service Inc. (UPS). El acuerdo resuelve la determinación del Departamento que UPS vulneró la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) cuando la compañía discriminó a un residente permanente legal por motivos de su estatus migratorio y, posteriormente, tomó represalias en su contra. Por otra parte, el Departamento también determinó que UPS, de manera rutinaria, rechazó documentación válida que ciertos no ciudadanos de los EE. UU. presentaron para obtener una credencial de identificación del aeropuerto, la cual necesitaban para realizar ciertas tareas laborales en las instalaciones aeroportuarias de UPS.
«Los empleadores no pueden, en ningún momento durante el proceso de contratación, crear barreras ilícitas con base en el estatus migratorio», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «La División de Derechos Civiles hará cumplir esta ley con firmeza, con el fin de garantizar que los empleadores completen cada parte del proceso de contratación de una forma justa y que los trabajadores no sean víctimas de represalias por haber hecho valer sus derechos».
Conforme el acuerdo, UPS pagará casi $100,000 por concepto de pagos retroactivos, pagos por anticipado y beneficios asociados al trabajador afectado. También pagará una sanción civil a los Estados Unidos, capacitará a su personal en cuanto a la disposición antidiscriminatoria de la INA, revisará sus políticas y procedimientos y se someterá a la supervisión del Departamento.
La investigación del Departamento surgió de una demanda que alegó que UPS había discriminado y tomado represalias contra un residente permanente legal durante su proceso de emisión de la credencial de identificación aeroportuaria en sus instalaciones en el Aeropuerto Logan en Boston. El Departamento concluyó que UPS había discriminado al residente permanente legal al rechazar la documentación que el trabajador brindó para sacar una credencial de identificación aeroportuaria, a pesar de haber entregado documentación que, según las normas de las autoridades aeroportuarias, era aceptable. Según el Departamento, ya que UPS rechazó la documentación del trabajador, se negó a entregar una solicitud de una credencial de identificación a la autoridad aeroportuaria relevante en su nombre, por lo que le fue imposible para él realizar ciertas tareas laborales. El Departamento determinó que posteriormente, UPS tomó represalias contra el trabajador al despedirlo después de que se quejó a UPS de la discriminación.
Asimismo, el Departamento halló que las instalaciones de UPS tenían la política o práctica de rechazar documentación válida que algunos no ciudadanos de los EE. UU. presentan para poder sacar una credencial de identificación aeroportuaria, tal como las visas de inmigrantes de lectura mecánica (MRIV, por sus siglas en inglés) con un sello I-551.
La investigación concluyó que la autoridad aeroportuaria no formaba parte de la alegada discriminación y que sus políticas de emisión de credenciales de identificación eran iguales, independientemente de la ciudadanía, el estatus migratorio o la nacionalidad de origen de la persona.
Conforme a la INA, los empleadores no pueden, en ningún punto durante el proceso de contratación, discriminar con base en el estatus migratorio o de ciudadanía o bien por la nacionalidad de origen. Los empleadores tampoco pueden tomar represalias contra una persona por hacer valer sus derechos en virtud de esta ley.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación.
Hay más información disponible en el sitio web de la IER sobre cómo los empleadores pueden evitar la discriminación en los procesos de contratación y reclutamiento. Aprenda más sobre cómo la IER protege los derechos de los trabajadores en este video. Para más información sobre protecciones contra la discriminación en el empleo en virtud de las leyes migratorias, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea en vivo o vea una presentación a la carta; envíe un correo electrónico a [email protected]; o visite los sitios web de la IER en inglés y español. Inscríbase para recibir actualizaciones por correo electrónico de la IER.
ups_settlement_agreement_september_21.pdfDurham Man Convicted for Drug Trafficking and Illegal Firearms PossessionRead the Press Release
GREENSBORO, N.C. - A jury in federal district court convicted SHAY NEIL JOHN today on multiple violations of drug trafficking and illegal firearms possession, including possession of a machinegun and fentanyl trafficking, announced United States Attorney Sandra J. Hairston of the Middle District of North Carolina.
According to court documents, SHAY NEIL JOHN, 50, was charged by Indictment on December 19, 2022, and by Superseding Indictments on May 30, 2023 and August 28, 2023, with one count of possession with intent to distribute para-fluorofentanyl, one count of possession with intent to distribute cocaine base, one count of possession of a machinegun in furtherance of a drug trafficking crime, one count of unlawful possession of a machinegun, and one count of felon in possession of a firearm. The events of the indictment and superseding indictments stemmed from an incident in Durham County that occurred on December 13, 2022.
A jury convicted JOHN on all counts of the Superseding Indictment on September 21, 2023 after a three-day trial. At sentencing, JOHN faces a minimum of 30 years in prison and a 3- to 5-year term of supervised release. Sentencing is scheduled for December 12, 2023, before United States District Court Judge William L. Osteen in Greensboro.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Durham Police Department. The case was prosecuted by Assistant United States Attorneys Jake D. Pryor and Stephen T. Inman.
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Dumas Man Sentenced to 20 Years for Transportation of Child PornographyRead the Press Release
A Dumas, Texas man was sentenced Tuesday to 20 years in prison for Transportation of Child Pornography, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Landon Joseph Garcia, 39, pleaded guilty in April 2023 to one count of transportation of child pornography. He was sentenced Tuesday by U.S. District Judge Matthew J. Kacsmaryk, who also ordered him to pay $46,500 in restitution.
“Those who create, view and distribute child sexual abuse materials reinforce a cycle of victimization and trauma each time the content is shared,” said Lester R. Hayes, Jr., Special Agent in Charge HSI Dallas. “Prosecuting the predators that traffic these images is truly a collaborative effort and we are grateful for the support we share with our law enforcement partners.”
According to court documents, in June 2022, Texas Department of Public Safety received information from the National Center for Missing and Exploited Children that an online Kik user was transporting child pornography. Law enforcement later determined that Mr. Garcia was associated with the Kik account.
In July 2022, law enforcement officers executed a search warrant at Mr. Garcia’s residence and located Mr. Garcia in a restroom deleting child pornography images from his cell phone. Mr. Garcia later admitted to using his cell phone to view, download and transport child pornography for over ten years. The cell phone contained 1,620 video files containing child pornography.
The Texas Department of Public Safety and Homeland Security Investigations’ Amarillo Field Office investigated the case. Assistant U.S. Attorney Joshua Frausto of the Northern District of Texas prosecuted the case.
Davenport Man Sentenced to Federal Prison for Possessing a Firearm as a FelonRead the Press Release
DAVENPORT, IA – A Davenport man was sentenced on September 20, 2023, to 71 months in federal prison for possession of a firearm as a felon.
According to public court documents and evidence presented at sentencing, witnesses identified Jonathan Lee Sutton, 40, as the shooter following a shots fired incident in June 2022. Officers were able to identify a vehicle associated with Sutton and, following a search, recovered a stolen, .22 caliber handgun. Sutton had previously been convicted in federal court of Conspiracy to Distribute Cocaine Base, a felony charge, which bars him from possessing a firearm.
Following his prison term, Sutton will serve three years of supervised release. There is no parole in the federal system.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Davenport Police Department investigated 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. In May 2021, the Department of Justice 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.
Davenport Man Sentenced to 300 Months in Prison Related to Child Sexual Abuse MaterialRead the Press Release
DAVENPORT, IA – A Davenport man was sentenced on September 19, 2023, to twenty-five years in federal prison for producing and possessing child pornography.
According to public court documents, and evidence presented at sentencing, Adam Michael Anderson, 24, was convicted in Iowa of sexual exploitation of a minor in 2019. As part of his sentence, Anderson was required to register as a sex offender. Anderson absconded from his Iowa probation and was caught in Texas. Anderson was then charged with failing to register as a sex offender in the Western District of Texas and received five years’ supervised release. Anderson transferred his supervision to the Southern District of Iowa.
During a home contact with the United States Probation Office in October 2022, Anderson was found to have two cell phones with internet capabilities, which Anderson was prohibited from possessing. The cell phones were forensically evaluated and contained evidence where Anderson was communicating with a minor victim in New York. Anderson coaxed the victim into sending him numerous sexually explicit images and videos. Additionally, there were other images and videos of child sexual abuse material on Anderson’s cell phones which he knowingly possessed.
After completing his term of imprisonment, Anderson will be required to serve fifteen years of supervised release. There is no parole in the federal system. Anderson was also ordered to pay $9,000 to the victims in this case.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the United States Probation Office and the Federal Bureau of Investigation.
This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U.S. Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nationwide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children. Any persons having knowledge of a child being sexually abused are encouraged to call the Iowa Sexual Abuse Hotline at 1-800-284-7821.
Davenport Man Sentenced to 250 Months in Prison Related to a Methamphetamine Distribution ConspiracyRead the Press Release
DAVENPORT, IA – A Davenport man was sentenced on September 19, 2023, to over twenty years in federal prison for conspiracy to distribute over 50 grams of methamphetamine and for distribution of over 50 grams of methamphetamine.
According to public court documents, and evidence presented at sentencing, Shawn Eric Durrah Jr., 33, was identified through a law enforcement investigation as an individual who was distributing large quantities of methamphetamine in and around the Quad Cities Metro Area for several years. The investigation revealed that Durrah was involved in a drug trafficking organization that was distributing methamphetamine, fentanyl, and marijuana. During the time that Durrah was involved in the drug conspiracy, he possessed and sold guns to others.
After completing his term of imprisonment, Durrah will be required to serve five years of supervised release. There is no parole in the federal system.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the Davenport Police Department.
Couple handed significant prison time for beating Uber driverRead the Press Release
HOUSTON – Two Houston residents have been ordered to federal prison following their conviction of carjacking with the intent to cause death or serious bodily harm, announced U.S. Attorney Alamdar S. Hamdani.
Frank Lewis Blanco, 28, and Destinee Guerrero, 24, pleaded guilty June 23.
U.S. District Judge David Hittner has now imposed a 120-month term of imprisonment for Blanco, while Guerrero received 72 months. Both must also serve three years of supervised release following their sentences.
At the hearing, the court heard from the victim who described what happened to him and his subsequent injuries. He noted how Blanco and Guerrero treated his head like a football and the lasting damage to his eye and nose. The court also heard additional testimony including how the victim is an immigrant who is a hard-working man to support his wife and children. In handing down the prison terms, Judge Hittner commented on the “extreme violent nature and circumstances of the offense.”
“Justice is blind” said Hamdani. “Whether a businessman heading to the office or an immigrant climbing into the driver’s seat, everyone deserves to be safe at work. As the son of an immigrant cab driver, I am heartbroken for what the victim endured and suffered for just doing his job. Thankfully, the court, today, provided justice to this working class man.”
“Blanco and Guerrero’s actions tear apart the fabric of our community by targeting those who keep our community running. They disguised themselves as passengers to savagely beat and rob a carshare driver trying to earn an honest living,” said Acting Special Agent in Charge David Martinez of the FBI Houston field office. “These two attackers not only robbed their victim of his livelihood but his sense of security. We hope today’s sentence demonstrates to these types of criminals, and others still out there, that we will not allow them to target and terrorize hard-working members of our community.”
On Nov. 13, 2022, Blanco and Guerrero hailed an Uber at approximately 8:30 a.m. However, once inside the vehicle, they repeatedly changed their destination, directing the driver around Houston for approximately half an hour.
The driver ultimately asked the couple to get out of the car, but they refused. He stopped at a gas station and asked the attendant to call the police. While awaiting the arrival of authorities, the driver again asked Blanco and Guerrero to get out of his car. The couple then began to attack him, knocked him unconscious, repeatedly stomped and kicked his body and then stole his car.
The gas station cameras captured the beating.
Both have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation with the assistance of the Houston Police Department. Assistant U.S. Attorney Stuart Tallichet is prosecuting the case.
Convicted Sex Offender Charged with Possession of Child PornographyRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney Trini E. Ross announced today that Jeffrey Swartz, 41, of Rochester, NY, was arrested and charged by criminal complaint with possession of child pornography by an individual with a prior sex offense, which carries a mandatory minimum penalty of 10 years in prison, and a maximum of 20 years.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in October 2009, Swartz was convicted in New York State Court of Rape 3rd: Victim Less than 17 Years Old. In September 2010, he was convicted in Federal Court of attempted production of child pornography and sentenced to serve 180 months in prison. In January 2020, Swartz was released from prison and began a 15-year term of supervised release. A condition of his release was that he must obtain authorization to use any internet accessible device and he must submit to monitoring of any such authorized device. In August 2023, the FBI was notified that Swartz was viewing child pornography on a monitored cellular telephone, which was confiscated by U.S. Probation. A review of the phone recovered images and videos of child pornography.
Swartz made an initial appearance before U.S. District Judge David G. Larimer and was detained.
The complaint is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation and Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the U.S. Probation Department, under the direction of Chief Probation Officer Timothy Englert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Convicted Felon Sentenced to 15 Years in Prison for Receiving Child PornographyRead the Press Release
DULUTH, Minn. – A Duluth man has been sentenced to 188 months in prison followed by 10 years of supervised release and ordered to pay $27,000 in restitution for receipt of child pornography, announced United States Attorney Andrew M. Luger.
According to court documents, law enforcement received a CyberTip from Kik that a Duluth resident had uploaded over 20 separate images and videos between February 23 and March 3, 2020 on the Kik app. They investigated and obtained a search warrant for the residence and vehicles of Eric Scott Sherman, 37, and discovered multiple images and videos depicting prepubescent minors engaging in sexually explicit conduct. A Motorola cell phone seized during the search confirmed the association between Sherman and the phone number and social media account usernames that started the investigation.
In his plea agreement, Sherman acknowledged that he was charged with and pleaded guilty to second-degree criminal sexual conduct with a four-year-old child in St. Louis County in 2011. In 2012, he was sentenced to 90 months in custody and 10 years of conditional release. Sherman was still under supervision when he received and possessed the child pornography in this case.
On May 16, 2023, Sherman pleaded guilty to one count of receipt of child pornography and was sentenced yesterday in U.S. District Court by Judge Kate M. Menendez.
This case was the result of an investigation led by Homeland Security Investigations with assistance from the FBI, Minnesota Bureau of Criminal Apprehension, Duluth Police Department, and the U.S. Marshals Service.
Assistant U.S. Attorney Laura M. Provinzino prosecuted the case.
Columbia County man sentenced to federal prison for distributing sexually explicit images of childrenRead the Press Release
AUGUSTA, GA: A Columbia County man who serves in the U.S. Army has been sentenced to more than a decade in federal prison after uploading sexually explicit images of children to the internet.
Joshua Paul Barnhill, 41, of Martinez, Ga., was sentenced to 151 months in prison after previously pleading guilty to Distribution of Child Pornography, said Jill E. Steinberg, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge Dudley H. Bowen also ordered Barnhill to pay restitution of $21,000, to register as a sex offender, and to serve 15 years of supervised release upon completion of his prison term. There is no parole in the federal system.
“Joshua Barnhill shared sexually explicit images of young children to online messaging applications for exploitation by other viewers,” said U.S. Attorney Steinberg. “Such exploitative conduct has earned him substantial prison time.”
As described in court documents and testimony, the National Center for Missing and Exploited Children sent a CyberTip to the Georgia Bureau of Investigation to alert investigators about sexually explicit images and videos of children shared by the KIK internet messaging app.
Agents learned the images originated from Barnhill’s location, and found hundreds of images and videos on devices Barnhill used to upload images to the KIK and Wickr applications.
Barnhill is a staff sergeant in the U.S. Army, serving as a recruiter operating from Fort Jackson, S.C.
“The GBI’s Child Exploitation and Computer Crimes Unit will continue to work tirelessly to protect innocent victims of online exploitation,” said Chris Hosey, Director of the Georgia Bureau of Investigation. “We are grateful for the partnerships we maintain with our local and federal agencies to bring these predators to justice.”
The case was investigated by the Georgia Bureau of Investigation and prosecuted for the United States by Assistant U.S. Attorney and Project Safe Childhood Coordinator Jason W. Blanchard.
Anyone with information on suspected child sexual exploitation can contact the National Center for Missing and Exploited Children at 800-843-5678, or https://report.cybertip.org/.
Chicopee, Massachusetts Man Sentenced to 1 Year and 1 Day in Prison for Unlawful Firearm PossessionRead the Press Release
Rutland, Vermont – The United States Attorney’s Office for the District of Vermont stated that on September 20, 2023, Christopher Morgan, 20, of Chicopee, Massachusetts, was sentenced by Chief Judge Geoffrey W. Crawford of the U.S. District Court to a sentence of 1 year and 1 day in prison followed by a 3-year term of supervised release. Morgan previously pleaded guilty to unlawful possession of a firearm as an unlawful user of a controlled substance.
According to court records, on October 13, 2022, police in Bennington, Vermont, encountered Christopher Morgan while he was carrying a Smith & Wesson 37 revolver in a bag strapped to his torso. The firearm was loaded with five rounds of ammunition and a round in the chamber. In the same bag, Morgan also possessed a small number of glassine bags containing heroin and fentanyl. Morgan admitted to being a user of and addicted to heroin at the time he possessed the firearm.
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of Homeland Security Investigations, the Bennington Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
This case was prosecuted by Assistant U.S. Attorneys Corinne Smith and Jonathan Ophardt. Mr. Thomas was represented by Allan Sullivan, Esq.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.