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25 October 2023
Statement of U.S. Attorney Damian Williams on the Conviction of Neil PhillipsRead the Press Release
U.S. Attorney Damian Williams said: “Moments ago, a jury unanimously found that Neil Phillips intentionally manipulated the Foreign Exchange, or ‘FX’ market — the world’s largest decentralized financial market — in order to trigger a $20 million windfall for his hedge fund under a barrier option. The policing of the financial markets is critical to the health and sanctity of our economy. I commend the Securities and Commodities Fraud Task Force of this Office for continuing to be a global law enforcement leader in ensuring fair market activity for investors at every level.”
St. Petersburg Man Pleads Guilty to Possessing Controlled Substances with Intent to Distribute and Possessing A Firearm as A Convicted FelonRead the Press Release
Tampa, FL - United States Attorney Roger B. Handberg announces that Erik Barner (44, St. Petersburg) has pleaded guilty to four counts of possessing a controlled substance with the intent to distribute it and one count of possessing a firearm as a convicted felon. Barner faces a maximum sentence of 20 years’ imprisonment on each of the drug offenses. He faces a minimum mandatory sentence of 15 years, up to life, in federal prison on the firearm offense. A sentencing date has not yet been set.
According to court documents, on February 22, March 1, and March 10, 2023, Barner sold cocaine to a confidential informant working with the St. Petersburg Police Department. Law enforcement obtained a search warrant for Barner’s home and vehicle. Officers seized four firearms and various ammunition that was dispersed throughout Barner’s home. In Barner’s vehicle, law enforcement located 176 grams of cocaine. Barner has prior felony convictions for possession of cocaine, throwing a deadly missile at or into an occupied vehicle, possession of cocaine with intent to sell, and two trafficking in cocaine convictions. He is therefore prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It is being prosecuted by Assistant United States Attorney Samantha Newman.
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.
Shiprock Man Sentenced to 105 Months in Prison for AssaultRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Christopher Kee was sentenced to 105 months in prison. A federal jury convicted Kee, 49, of Shiprock, and an enrolled member of Navajo Nation, on June 17, 2022, of assault with a dangerous weapon.
According to court records, Kee was in an intimate relationship with Jane Doe from 2019 to 2020. Throughout the relationship, Kee physically and emotionally abused Jane Doe. On April 19, 2020, during an argument at the home he shared with his parents in Shiprock, Kee threw Jane Doe onto a bed and stabbed her in the wrist with a pocketknife. When Jane Doe fought back, Kee stabbed her multiple times in the abdomen, thighs, behind her ear and the back of her head. Kee also punched and kicked Jane Doe several times. When he saw how badly Jane Doe was bleeding from a stab wound to her abdomen, Kee poured sugar in her wound and applied pressure. When Jane Doe cried out in pain, Kee slapped her. Later, when Kee was distracted, Jane Doe fled from the home shirtless and flagged down a motorist who took her to Northern Navajo Medical Center for treatment.
Upon his release from prison, Kee will be subject to three years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations, and New Mexico State Police. Assistant United States Attorney Joseph M. Spindle is prosecuting the case.
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23-251
Seminole Resident Sentenced for Murders in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announces that Kadetrix Devon Grayson, age 30, of Seminole, Oklahoma, was sentenced to two concurrent terms of 324 months imprisonment in connection with two homicides that took place in 2015.
The charges arose from an investigation by the Seminole Police Department, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
On April 14, 2022, Grayson pleaded guilty in federal district court to two counts of Murder in Indian Country – Second Degree. At the plea hearing, the defendant admitted to unlawfully killing two individuals with a firearm and with malice aforethought. According to investigators, on March 19, 2015, Grayson shot and killed two victims, leaving their bodies to be discovered by law enforcement officers in a parked SUV behind a shopping center in Seminole, Oklahoma. Both victims suffered a single gunshot wound to the head fired from a .22 caliber gun. DNA evidence recovered at the scene matched an existing sample belonging to Grayson.
The crimes occurred in Seminole County, within the boundaries of the Seminole Nation Reservation, in the Eastern District of Oklahoma.
The Honorable John C. Coughenour, U.S. District Judge in the United States District Court for the Western District of Washington, sitting by assignment, presided over the sentencing hearing in Muskogee, Oklahoma. Grayson will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney T. Cameron McEwen represented the United States.
Salt Lake City Man Accused in a String of Convenience Store RobberiesRead the Press Release
SALT LAKE CITY – A federal grand jury in Salt Lake City returned an indictment today charging a Salt Lake City, Utah man in multiple 7-Eleven robberies that took place in Salt Lake County last month.
According to court documents, Andrew Armani Deionte Rowe, 27, of Salt Lake City, allegedly entered a 7-Eleven on Sept. 12, 2023, at 2917 South Highland Drive, in Salt Lake City and locked the doors behind him. Rowe handed the clerk a note that stated, “Do as I say, or you will lose your life.” The clerk complied and gave Rowe the money from the register. In a separate robbery, also on Sept. 12, 2023, Rowe allegedly threatened and robbed a 7-Eleven employee at 480 West 3900 South in Millcreek, Utah. On Sept. 14, 2023, Rowe allegedly threatened and robbed a 7-Eleven employee at 895 East 4500 South, in Salt Lake City. On Sept. 27, 2023, Rowe allegedly threatened and robbed a 7-Eleven employee at 911 East 3300 South in Millcreek.
As a result of an investigation, Rowe was taken into custody on October 11, 2023. During an execution of search warrant on Rowe’s apartment and vehicle, items observed in the robberies, including clothing and a handgun, later identified as a replica Glock 45 pistol, were seized as evidence. Rowe was booked into the Salt Lake County Jail.
Rowe is charged with four counts of interference with commerce by robbery. His initial court appearance on the indictment is scheduled for Oct. 27, 2023, at 11:00 a.m. in courtroom 8.4 before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
An FBI Task Force Officer with the Salt Lake City Police Department is investigating the case.
An Assistant United States Attorney for the District of Utah 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.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.Recidivist Fraudster Sentenced for Scheming Victims out of Almost $90,000Read the Press Release
NORFOLK, Va. – A Portsmouth man was sentenced today to 2 years in prison for defrauding nearly 20 victims across the United States of almost $90,000 in several mail fraud schemes.
According to court documents, between 2020 and 2022, Richard Edward Hardy, 55, conspired with others to use the U.S. postal service and other mail carriers to defraud victims in romance, real estate, and other fraud schemes. In the real estate scheme, victims responded to a property that was listed for rent online. The victims were instructed to send a security deposit and first month’s rent to Hardy at his home in Portsmouth. Unbeknownst to the victims, the properties were not actually for rent, and Hardy cashed the money orders and shared the proceeds with his coconspirators.
Hardy defrauded nearly all the victims after being convicted in Portsmouth General District Court of similar conduct in December 2020. Further, after federal law enforcement executed a search warrant at his home in September 2022, Hardy continued to defraud additional victims in a change-of-address scheme.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Derek W. Gordon, Special Agent in Charge of Homeland Security Investigations (HSI) Washington, D.C.; and Damon E. Wood, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement after sentencing by Chief U.S. District Judge Mark S. Davis.
Assistant U.S. Attorney Rebecca Gantt prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:23-cr-54.
Psychiatrist Convicted of Billing Medicare and Private Insurance Companies for Services Never RenderedRead the Press Release
BOSTON – A Natick psychiatrist was convicted by a federal jury yesterday of billing Medicare and private insurance companies for over $11 million in treatments he did not provide and obstructing justice in an attempt to conceal his crimes.
Gustavo Kinrys, 52, of Wellesley, was convicted of seven counts of wire fraud, six counts of false statements relating to health care matters and one count of obstructing a criminal health care investigation. U.S. District Court Judge Denise J. Casper scheduled sentencing for Jan. 31, 2023. Kinrys was arrested and charged in December 2020.
“Dr. Kinrys shamelessly billed for over $11 million in treatment from Medicare and private insurers – treatments he never provided. He exploited our healthcare system and showed callous disregard for patient well-being,” said Acting United States Attorney Joshua S. Levy. “This conviction should send a stern message: healthcare fraud will not go unpunished, and those who exploit our vital healthcare system for personal gain will face the full extent of the law.”
“Through his scheme to defraud the Medicare program, the defendant stole taxpayer funds and violated the public’s trust in his position as a physician,” said Roberto Coviello, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General. “This conviction sends a clear message that we will hold accountable those who exploit our federal health care system for personal gain, and we will not tolerate attempts to obstruct our pursuit of justice.”
“This conviction is a big win for taxpayers who were cheated when Dr. Kinrys fraudulently billed Medicare and private insurance companies for more than $11 million for medical treatments he never provided and then obstructed our investigation in an attempt to conceal his crimes,” said Jodi Cohen, Special Agent in Charge of the FBI Boston Division. “Healthcare fraud is not a victimless crime. It can raise health insurance premiums, expose patients to unnecessary medical procedures, and increase taxes. Anyone involved in, or entertaining similar activity, should know the FBI and our partners will not hesitate to pursue those trying to steal from our country’s vital health care system.”
“This matter illustrates the commitment of all agencies to combat medical billing fraud which affects all citizens. The Insurance Fraud Bureau of Massachusetts places a high priority on fighting this type of insurance fraud. Our continuing collaboration with our partners is critical to successfully fight insurance fraud,” said Anthony M. DiPaolo, Executive Director of the Massachusetts Insurance Fraud Bureau.
Kinrys was a licensed psychiatrist who owned and operated Advanced TMS Associates, located in Natick, Mass. Among other services, Kinrys offered transcranial magnetic stimulation (TMS) therapy and psychotherapy to patients suffering from depression. TMS therapy is a noninvasive method of brain stimulation that uses rapidly alternating or pulsed magnetic fields to induce electrical currents directed at a patient’s cerebral cortex.
Between January 2015 and December 2018, Kinrys engaged in a variety of fraudulent billing schemes in which he sought and received reimbursement for services he did not render. For example, Kinrys billed Medicare and private insurers $10.6 million for thousands of TMS sessions he never provided, including over 8,000 sessions he claimed were provided to 74 patients who, in fact, never received a single session of the therapy. Kinrys billed Medicare and private insurers for hundreds of thousands of dollars’ worth of psychotherapy sessions he never provided, including over 900 face-to-face sessions he falsely claimed he provided while he was on vacation in locations like the Bahamas, Punta Cana, Dominican Republic, and the Czech Republic. On 382 occasions, Kinrys billed Medicare and private insurers for having provided more than 24 hours’ worth of psychotherapy services in a single day, including one day in July 2017 when he claimed he had provided hour-long psychotherapy sessions to 70 different patients – all while outside the United States on vacation.
To further his fraudulent billing scheme, Kinrys made numerous false statements to his patients, the billing company with which he worked and the insurers to whom he submitted claims seeking reimbursement. When Medicare, private insurers and the Department of Health and Human Services (HHS) sought records from Kinrys pertaining to certain of his claims, he took steps to conceal his fraudulent conduct by making false representations and creating false documentation purporting to show that he had provided thousands of treatments he had billed for, but never rendered. For example, in response to a July 2018 subpoena from the HHS’s Office of Inspector General seeking medical records for 10 of his patients, Kinrys created documents – and ordered his office workers to create documents – falsely stating that those patients had received dozens of treatments they had never been provided and falsely representing that the condition of those patients was improving.
The wire fraud charges provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charges of false statements relating to health care matters and obstruction of a criminal investigation of a health care offense each provide for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.Acting U.S. Attorney Levy, HHS-OIG SAC Coviello, FBI Boston SAC Cohen and MA IFB Director DiPaolo made the announcement today. Assistant U.S. Attorneys Patrick M. Callahan and Christopher R. Looney of the Health Care Fraud Unit are prosecuting the case.
Pharmacist and Clinic Owner Sentenced for $6M Pill Mill SchemeRead the Press Release
A Houston pharmacist and clinic owner were sentenced today for their roles in a pill mill scheme.
Sokari “Momma” Bobmanuel, 63, was sentenced to 14 years in prison following her conviction at trial for conspiracy to unlawfully distribute and dispense controlled substances. Alantha Stewart, 42, was sentenced to 10 years in prison following her guilty plea to conspiracy to unlawfully distribute and dispense controlled substances.
According to court documents, from May 2018 to August 2019, Bobmanuel was the owner and pharmacist-in-charge of Cornerstone Rx Pharmacy (Cornerstone), which illegally distributed nearly 160,000 opioid pills, including oxycodone and hydrocodone, often based on prescriptions issued by co-conspirator Jonathan Rosenfield, M.D., and others from Sunnyside Medical, which consisted of two Houston-area pill-mill clinics. Bobmanuel, through Cornerstone, distributed controlled substances outside the scope of professional practice, and without a legitimate medical purpose, to individuals who brought prescriptions in the names of other people. These individuals then sold the pills they bought from Cornerstone on the illegal market. Bobmanuel charged exorbitant prices for the pills – often $1,200 for a single oxycodone prescription – generating over $1 million from the scheme.
Stewart, who co-owned and co-operated the Sunnyside Medical pill-mill clinics, doing business as Sunnyside #1 and Sunnyside #2, and her co-conspirators issued prescriptions for opioids, including approximately 752,000 pills of oxycodone and 419,000 pills of hydrocodone, under co-owner and co-conspirator Rosenfield’s name, outside the usual course of professional practice, and not for a legitimate medical purpose. The prescriptions often were issued to individuals paid by drug dealers to pose as patients, and the pills ultimately were diverted to the illegal market. From May 2018 to August 2019, the Sunnyside Medical clinics made approximately $5.4 million from the sale of the prescriptions of these drugs.
Co-defendants Rosenfield and Elmer Taylor pleaded guilty to conspiracy and are scheduled to be sentenced on Nov. 15.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Administrator Anne Milgram of the Drug Enforcement Administration (DEA), Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Acting Special Agent in Charge David Martinez of the FBI Houston Field Office made the announcement.
The DEA Houston Division and FBI Houston Field Office investigated the case.
Trial Attorneys Monica Cooper, Ariel Glasner, and Courtney Chester of the Criminal Division’s Fraud Section and Emily Petro, formerly of the Fraud Section and currently an Assistant U.S. Attorney of the Middle District of Tennessee, prosecuted 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, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,000 defendants who collectively have billed federal health care programs and private insurers more than $24.7 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General of 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.
Pearl River Man Pleads Guilty to Possessing Child PornographyRead the Press Release
Jackson, Miss. – A Pearl River man pled guilty to possessing child pornography in the Pearl River Community of the Mississippi Band of Choctaw Indians.
William Henry, 25, pled guilty on October 24, 2023, in U.S. District Court in Jackson.
According to court documents, Henry possessed in excess of 400 images of child pornography, with 20 of the images positively identified as specific children.
On September 20, 2022, a federal grand jury returned a two-count indictment against Henry.
Henry will be sentenced on January 22, 2024, and faces a maximum penalty of ten years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Todd Gee of the Southern District of Mississippi and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation made the announcement.
The case was investigated by the Choctaw Police Department of the Mississippi Band of Choctaw Indians and the Federal Bureau of Investigation.
The case was prosecuted by Assistant United States Attorney Kevin J. Payne and Special Assistant United States Attorney Brian K. Burns.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Oklahoma Woman Sentenced to 14 Years in Prison for Drug TraffickingRead the Press Release
ALPINE, Texas – An Oklahoma woman was sentenced in a federal court in Alpine to 168 months in prison for importing and possessing methamphetamine and fentanyl with intent to distribute.
According to court documents, Cherakee Lee Perez, 33, provided a negative declaration during a Customs and Border Patrol vehicle inspection at the Presidio Port of Entry from Mexico into the U.S. A narcotic detection canine discovered more than three dozen packages hidden in the vehicle. 29 of packages contained approximately 4.5 kilograms of methamphetamine, while the other 13 contained seven kilograms of fentanyl. Perez admitted to transporting the drugs for a drug trafficking organization.
“The sentencing of Perez should serve as a warning to drug trafficking organizations and the individuals who attempt to transport drugs into the U.S. on their behalf,” said U.S. Attorney Jaime Esparza of the Western District of Texas. “Along with our law enforcement partners, we will continue to disrupt and dismantle these organizations.”
“This HSI investigation demonstrates that we stand ready to aggressively investigate criminals who profit from distributing dangerous drugs, contributing to the devastating opioid epidemic in our country,” said Special Agent in Charge Francisco B. Burrola of the Homeland Security Investigations El Paso Division. “This sentence ensures one fewer person is out on the streets poisoning our community.”
HSI investigated the case.
Assistant U.S. Attorney Scott Greenbaum prosecuted the case.
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Notice to Potential Victims in Securities Fraud Case Involving Stocks ONPH & FPWMRead the Press Release
BOSTON – Joseph A. Padilla, of Carlsbad, Calif. and Cabo San Lucas, Mexico, pleaded guilty in federal court in Boston in August 2023 to his involvement as the principal stock trader in a sophisticated securities fraud scheme involving stock in the companies Oncology Pharma, Inc. (ticker symbol ONPH) and Charlestowne Premium Beverages Inc. (ticker symbol FPWM). Individuals who believe they may be potential victims of the scheme are encouraged to reach out to the U.S. Attorney’s Office in the District of Massachusetts.
Between in or about January and July 2021, Oncology Pharma, Inc. was a thinly traded company that traded on the over-the-counter securities market. In January 2021, Padilla engaged in manipulative trading in ONPH designed, at least in part, to artificially drive up the company’s stock price. Thereafter, Padilla facilitated the sale of approximately three million ONPH shares – which were under undisclosed common control – to investors during a promotional campaign.
Between January 2020 and April 2021, Padilla participated in a similar scheme involving the shares of Charlestowne Premium Beverages Inc., a thinly traded company that traded on the over-the-counter market. Padilla similarly orchestrated an effort designed, at least in part, to artificially increase Charlestowne’s stock price and then facilitated the sale of millions of Charlestowne’s shares during a promotional campaign.Individuals who traded in ONPH and/or FPWM during the time periods indicated above, and who believe that they may be potential victims of this fraud, should contact the U.S. Attorney’s Office at [email protected]. In the email, please indicate the security traded and the transaction details for the trade(s): date(s), number of shares, price, whether it was bought or sold and an assessment of gains or losses. Please indicate whether there is supporting documentation and a representative from the government will assist you in transferring it in a secure manner, as well as contact you with additional verification questions.
Email submissions are due by Dec. 1, 2023. For more information, visit the U.S. Attorney’s Office website: https://www.justice.gov/usao-ma/victim-and-witness-assistance-program/united-states-v-padilla-et-al
Padilla is scheduled for sentencing on Nov. 1, 2023, at 3:00 pm in U.S. District Court in Boston, Courtroom 21, One Courthouse Way, Boston, Mass.
Padilla’s co-defendant, Kevin C. Dills, has pleaded not guilty and is scheduled for trial on Feb. 12, 2024, in in U.S. District Court in Boston, One Courthouse Way, Boston, Mass. Dills is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
New Orleans Man Indicted for Violations of the Federal Controlled Substances and Gun Control ActsRead the Press Release
NEW ORLEANS, LOUISIANA – DAYSHAWN BROWN, age 39, a resident of New Orleans, Louisiana, was charged on October 13, 2023 in a previously sealed ten-count indictment, announced U.S. Attorney Duane A. Evans. The case was unsealed on October 16, 2023.
According to the indictment, Counts 1 and 8 charge BROWN with distribution of quantities of fentanyl, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C). For these offenses, he faces up to 20 years of imprisonment, a fine of up to $1,000,000, and at least 3 years of supervised release following any term of imprisonment.
Count 2 charges BROWN with distribution of controlled substances – a quantity of a mixture and substance containing detectable amounts of fentanyl and methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C). For this offense, he faces up to 20 years of imprisonment, a fine of up to $1,000,000, and at least 3 years of supervised release following any term of imprisonment.
Counts 3 and 5 charge BROWN with distribution of fifty (50) grams or more of a mixture and substance containing a detectable amount of methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B). For these offenses, he faces a statutory mandatory minimum sentence of 5 years, up to 40 years imprisonment, a fine of up to $5,000,000, and at least 4 years of supervised release following any term of imprisonment.
Counts 4, 6, and 10 charge BROWN with being a felon in possession of a firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(8). For these offenses, he faces up to 15 years imprisonment, a fine of up to $250,000, and up to three years supervised release following any term of imprisonment.
Count 7 charges BROWN with possessing a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A)(i). For this offense, he faces a mandatory minimum sentence of five years imprisonment, up to life, to run consecutive with any other sentence, a fine of up to $250,000, and up to five years supervised release following any term of imprisonment.
Count 9 charges BROWN with distribution of quantities of cocaine hydrochloride, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C). For this offense, he faces up to 20 years of imprisonment, a fine of up to $1,000,000, and at least 3 years of supervised release following any term of imprisonment. As to each of the ten charged counts, BROWN also faces payment of a $100 mandatory special assessment fee.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
U.S. Attorney Evans reiterated that the indictment is merely a charging document and that the guilt of the defendant must be proven beyond a reasonable doubt.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New Orleans Police Department. The case is being prosecuted by Assistant United States Attorney Troy Bell of the General Crimes Unit.
New Orleans Man Indicted for Distribution of FentanylRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced today that on September 29, 2023, JOSHUA HOGAN, was indicted in a previously sealed indictment on four counts of distribution of fentanyl, in violation of Title 18, United States Code, Sections 841(a)(1), 841(b)(1)(B), and 841(b)(1)(C). The indictment was unsealed on October 18, 2023.
In Counts 1 and 2, HOGAN was charged with distribution of fentanyl in violation of Title 18, United States Code, Sections 841(a)(1)and 841(b)(1)(C). If convicted of these counts, HOGAN faces, per count, up to twenty years imprisonment, a fine of up to $1,000,000, at least three years of supervised release and a mandatory special assessment fee of $100. In Counts 3 and 4, HOGAN was charged with distribution of 40 grams of more of a mixture or substance containing fentanyl. If convicted of these counts, HOGAN faces, per count, from five up to forty-years of imprisonment, a fine of up to $5,000,000, at least four years of supervised release and a mandatory special assessment fee of $100.
The case was investigated by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney Sarah Dawkins of the Violent Crime Unit is in charge of the prosecution.
New Jersey Man Admits to Conspiring with India-Based Company to Mail Illicit Pharmaceutical Meds to U.S. CustomersRead the Press Release
EAST ST. LOUIS, Ill. – A New Jersey man admitted guilt in a U.S. District courtroom in southern Illinois Tuesday to acting as a middleman between an India-based pharmaceutical distribution company and customers in the United States.
Moises A. Sanabria, 32, of Bloomfield, New Jersey, pled guilty to one count of conspiracy to distribute fentanyl and one count of money laundering conspiracy.
“To help ensure safe consumption, pharmaceutical drugs must be prescribed by a licensed medical professional,” said U.S. Attorney Rachelle Aud Crowe. “This illicit narcotic operation was a threat to consumers, and I commend the investigators for interrupting this destructive chain.”
Indian nationals Aashish K. Jain, 37, and M. Eshwar Rao, 40 are named co-defendants also charged in the conspiracy to distribute fentanyl and launder drug proceeds. In addition, Jain is charged with one count of distribution of a controlled substance.
An indictment is merely a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
According to court documents, Sanabria received pills containing furanyl fentanyl and tapentadol to New Jersey from the pharmaceutical drug distribution center in India and then shipped orders directly to U.S. customers between January 2018 and March 2021.
On multiple occasions, Sanabria shipped orders to undercover agents for the Drug Enforcement Administration working in the Southern District of Illinois. Regulated federally under the Controlled Substances Act, furanyl fentanyl is on Schedule I and tapentadol is on Schedule II.
“DEA often speaks of the international scope of the world of illicit drug trafficking," said Acting Assistant Special Agent in Charge Michael E. Rehg, head of Drug Enforcement Administration enforcement operations in southern Illinois. "This man fooling people into thinking that pharmaceutical medications can be purchased without a prescription and mailed from India is not someone to buy anything from. Laundering his illegal proceeds back to India is just another example of how these international criminal organizations illegally profit off Americans.”
To exchange currency between the U.S. and India for drug proceeds, Sanabria established a limited liability company based in New York to transfer money. The LLC held and concealed $114,334 in drug proceeds from January to October 2021.
“Since making money is the primary goal of a drug trafficking organization, the act of money laundering is as important to them as the drug distribution itself,” said IRS Criminal Investigation (CI) Special Agent in Charge Thomas F. Murdock, St. Louis Field Office. “That’s one reason CI is proud to lend the expertise of our special agents to help bring those involved to justice.”
Money laundering conspiracy, conspiracy to distribute fentanyl and distribution of a controlled substance are all punishable by up to 20 years imprisonment.
Agents with DEA and IRS CI contributed to the investigation, and Assistant U.S. Attorney Daniel Kapsak is prosecuting the case.
Montgomery Man Arrested for Armed Robbery of a U.S. Postal CarrierRead the Press Release
HUNTSVILLE, Ala. – A Montgomery man was arrested in Huntsville on Tuesday on charges stemming from the robbery of a U.S. Postal carrier, announced U.S. Attorney Prim F. Escalona and U.S. Postal Inspection Service Inspector-in-Charge Scott D. Fix, Houston Division.
A three-count indictment filed in U.S. District Court charges Anthony Darryl Barber, Jr., 23, of Montgomery, Alabama, with robbery of a U.S. Postal carrier, unlawful possession of U.S. Postal Service Keys, and brandishing a firearm during a violent crime. The incident occurred in Madison County on May 3, 2023.
To report United States Postal Service mail theft or other crimes committed through or towards the United States Postal Service, please contact the United States Postal Inspection Service at 1-877-876-2455 or https://www.uspis.gov/report.
U.S. Postal Inspection Service investigated the case along with the Morgan County Sheriff’s Office and Huntsville Police Department. Assistant U.S. Attorney Davis Barlow is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Mexican national sentenced for possessing child pornographyRead the Press Release
BROWNSVILLE, Texas – A 34-year-old resident of Ciudad Victoria, Tamaulipas, Mexico, has been sentenced for possessing child pornography found on his cell phone as he tried to enter the country, announced U.S. Attorney Alamdar S. Hamdani.
Juan Jesus Banda-Olivo pleaded guilty Jan. 25.
U.S. District Judge Rolando Olvera has now ordered Banda-Olivo
to serve 97 months in federal prison. Garza was further ordered to pay $3,000 in restitution to a known victim and will serve eight years on supervised release following completion of his prison term. During that time, he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender.
On Aug. 15, 2022, Banda-Olivo attempted to make entry into the United States through the Veterans Port of Entry. Authorities believed he was in the country illegally and sent him to secondary inspection.
There, law enforcement conducted a consensual search of Banda-Olivo’s cell phone and discovered multiple photographs and videos of child pornography. The investigation revealed Banda-Olivo possessed 1,223 unique images and videos of child pornography on his cell phone and his cloud storage account. Some of the images included images of the sexual abuse of toddlers and prepubescent minors. The images found on the seized cell phone were submitted to the National Center for Missing and Exploited Children for victim identification.
Banda-Olivo has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations conducted the investigation.
Assistant U.S. Attorney Ana C. Cano prosecuted the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.
Maryland Woman Pleads Guilty to Real Estate Bank FraudRead the Press Release
ALEXANDRIA, Va. – A Ft. Washington, Maryland, woman pleaded guilty today to bank fraud.
According to court documents, from at least August of 2012 through April 2019, Maria Esperansa Salgado, 64, devised a scheme to defraud a mortgage lender into agreeing to a short sale, or pre-foreclosure sale, of a residential property in Alexandria that was pending foreclosure for non-payment of the mortgage. The defendant and her brother had purchased and lived in the property for about ten years.
After filing a Chapter 7 petition for bankruptcy to discharge her debts in 2013, Salgado used the identity of an unsuspecting victim to obtain a home mortgage from a lender. Salgado then entered into fraudulent sales contracts with straw purchasers and the victim to make it appear as if she was selling the property to third parties as part of an arms-length transaction. A straw purchaser is someone who buys a property on behalf of another person when the real buyer cannot complete the transaction. The fraudulent sales contracts made it appear as if the straw purchasers and the victim were buying the house on behalf of themselves. In truth, Salgado’s intention was to retain ownership of the property and the proceeds from the fraudulent short sale.
In 2015, Salgado executed a fraudulent refinance of the property using the name of straw purchasers and kept the proceeds. The victim was unaware of the re-finance. In 2019, Salgado used a nominee owner to sell the property to a third-party buyer. Salgado and the nominee owner received the proceeds of the fraudulent sale and paid off the remaining loan balance and used a portion to purchase a new property in Ft. Washington, Maryland.
To date, the victim has been unable to qualify for a loan to purchase her own home because of the fraudulent mortgage taken out in her name. The scheme also resulted in $146,188 of loss to the mortgage lender. As part of her plea agreement, Salgado agreed to pay restitution to the victim and to forfeit the proceeds of the bank fraud.
Salgado is scheduled to be sentenced on February 21, 2024. She faces a maximum penalty of 30 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Javan Wilson, Special Agent in Charge of the U.S. Department of Treasury, Office of Inspector General, made the announcement after U.S. District Judge Rossie D. Alston, Jr. accepted the plea.
The Fairfax County Police Department, the Arlington County Police Department, the Prince William County Police Department, the City of Hyattsville (MD) Police Department - Criminal Investigations Section, and the U.S. Department of Homeland Security, Homeland Security Investigations also provided significant assistance in this investigation.
Assistant U.S. Attorney Kimberly Riley Pedersen is prosecuting the case. Former Assistant U.S. Attorney Carina Cuellar provided significant assistance to the investigation and prosecution of this case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:23-cr-154.
Maine Recidivist Sex Offender Sentenced for Failing to Register as a Sex OffenderRead the Press Release
BOSTON – A recidivist sex offender was sentenced yesterday in federal court in Boston for failing to register as a sex offender when he moved from Haverhill, Mass. to Fryeburg, Maine.
Frank Boyd, 54, was sentenced by U.S. Senior District Court Judge William G. Young to two years in prison and five years of supervised release. On March 27, 2023, Boyd pleaded guilty to one count of failure to register as a sex offender, in violation of the Sex Offender Registration and Notification Act. Boyd was charged by complaint in August 2022 and subsequently indicted by a federal grand jury in September 2022. He has remained in state custody on unrelated charges since his arrest in July 2022.
Boyd was a Level 3 Sex Offender who had been convicted of sex offenses against children in 2001 and 2009 and was required to register as a sex offender and update his registration any time he moved or changed employment.
In 2020, Boyd registered and listed a Haverhill, Mass. address as his residence. On or around March 23, 2021, it was determined that Boyd was no longer living at the Haverhill residence he had listed on his registration form and was found to have moved to Fryeburg, Maine. He did not register as a sex offender in Maine nor update his sex offender registration in Massachusetts at any point prior to his arrest on state charges on July 27, 2022. Boyd has three prior state court convictions in 2006, 2008 and 2015 for failure to register as a sex offender.Acting United States Attorney Joshua S. Levy; Brian Kyes, U.S. Marshal for the District of Massachusetts; and Kevin Neal, Acting U.S. Marshal for the District of Maine made the announcement today. The Haverhill and Fryeburg (Maine) Police Departments provided valuable assistance. Assistant U.S. Attorney Elianna J. Nuzum of the Major Crimes Unit prosecuted the case.
Madison Man Sentenced to 9 Months for Failing to Register as a Sex OffenderRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Jesse A. McCarty, 55, Madison, Wisconsin, was sentenced yesterday by U.S. District Judge William M. Conley to 9 months in federal prison for failing to register as a sex offender, in violation of the Sex Offender Notification and Registration Act (SORNA). McCarty pleaded guilty to this charge on July 18, 2023.
SORNA provides a comprehensive set of minimum standards for sex offender registration and notification in the United States. It aims to close potential gaps and loopholes that existed under prior law and generally strengthens the nationwide network of sex offender registration and notification programs. In particular, SORNA requires registered sex offenders to register and keep their registration current in each jurisdiction in which they reside, work, or go to school.
In November 2007, McCarty was convicted of sex offenses in Tennessee state court. In June 2018, he was convicted for failing to register as a sex offender in Tennessee. After serving a period of incarceration for that conviction, McCarty absconded from Tennessee probation. He later moved to Wisconsin, but also failed to register as a sex offender here, in violation of SORNA.
At sentencing, Judge Conley noted that this was McCarty’s second conviction for failing to register and stated that there was no excuse to justify his non-compliance. Judge Conley emphasized the importance of the sex offender registry and found that McCarty had been living “off the grid” without giving those around him the required notice.
The charge against McCarty was the result of an investigation conducted by the U.S. Marshals Service. Assistant U.S. Attorney Anita Marie Boor prosecuted this case.
Leader of La Luz del Mundo Megachurch Charged by Federal Grand Jury with Producing and Possessing Child Sexual Abuse MaterialRead the Press Release
INDICTMENTLOS ANGELES – A federal grand jury today charged the leader of the Mexico-based La Luz del Mundo megachurch with two felony counts alleging he produced and possessed child sexual abuse material (CSAM) depicting a 16-year-old victim.
Naasón Joaquín García, 54, previously served as a minister for the church in Santa Ana and, from December 2014, led the church in Mexico. He was arrested at Los Angeles International Airport (LAX) in June 2019 on state child sexual exploitation charges.
In today’s two-count federal indictment, García is charged with one count of production of child pornography and one count of possession of child pornography.
García is expected to make his initial court appearance and be arraigned in United States District Court in downtown Los Angeles in the coming weeks.
According to the indictment, on May 6, 2019, García knowingly employed, used, persuaded, induced, enticed, and coerced a minor – identified in the indictment as “Minor Victim 1,” who was 16 years old at the time – to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct.
On June 3, 2019, García allegedly possessed an iPad that contained five videos depicting Minor Victim 1 engaging in sexual activity. Law enforcement seized the iPad when García was arrested at LAX.
García has been in state custody since then and in June 2022 he pleaded guilty to two counts of forcible oral copulation on a minor and one count of committing a lewd act on a child. He is serving a 17-year prison sentence for those crimes and is incarcerated at the California Institution for Men in Chino.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
If convicted of both federal charges, García would face a mandatory minimum sentence of 15 years in federal prison and a statutory maximum sentence of 30 years in federal prison for the child pornography production count and a statutory maximum sentence of 10 years in federal prison for the child pornography possession count.
The FBI and the California Department of Justice’s Bureau of Investigation are investigating this matter.
Assistant United States Attorney Catharine A. Richmond of the Violent and Organized Crime Section is prosecuting this case.
Lawrence Man Pleads Guilty in Fentanyl Trafficking ConspiracyRead the Press Release
BOSTON – A Lawrence man pleaded guilty yesterday in federal court in Boston to his role in a fentanyl trafficking conspiracy.
Melvin Antonio Perez Medina, 33, pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl and 100 grams or more of a fentanyl analogue; two counts of distribution and possession with intent to distribute 40 grams or more of fentanyl; one count of distribution and possession with intent to distribute 400 grams or more of fentanyl and 100 grams or more of a fentanyl analogue; and one count of possession with intent to distribute 400 grams or more of fentanyl and 100 grams or more of a fentanyl analogue. U.S. District Court Chief Judge F. Dennis Saylor IV scheduled sentencing for Jan. 18, 2024.
Perez Medina was indicted by a federal grand jury in November 2022 along with alleged co-conspirators Fraily Rodriguez Morillo and Manuel Fredis Guerrero Guzman.
According to court documents, between March 2022 and August 2022 Perez Medina, and allegedly, Morillo and Guzman conspired to distribute fentanyl and a fentanyl analogue in and around the Lawrence, Woburn, Wilmington and Andover areas. As part of the conspiracy, Perez Medina distributed fentanyl on three separate occasions during the summer of 2022. At the time of Perez Medina’s arrest in August 2022, he was found in possession of nearly two kilograms of a mixture containing fentanyl and a fentanyl analogue concealed inside of a cereal box.
The charges of conspiracy to distribute 400 grams or more of fentanyl and 100 grams or more of a fentanyl analogue, and of possession with intent to distribute and/or distribution of 400 grams or more of fentanyl and 100 grams or more of a fentanyl analogue, provide for a sentence of at least 10 years and no greater than life, at least five years of supervised release and a fine of up to $10,000,000. The charge of distribution and/or possession with intent to distribute 40 grams or more of fentanyl provides for a sentence of at least five years in prison and no greater than 40 years in prison, at least four years of supervised release and a fine of up to $5,000,000. Sentences are imposed by a federal district judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; and John E. Mawn Jr., Interim Colonel of the Massachusetts State Police made the announcement today. Valuable assistance in the investigation was provided by the Massachusetts Department of Correction; the Norfolk County Sheriff’s Office; and the Concord, Hudson, Peabody, Reading, Waltham and Watertown Police Departments. Assistant U.S. Attorney Alathea Porter of the Criminal Division is prosecuting the case.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Johnston County Resident Pleads Guilty to Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Cecil Browning Higginbotham, age 32, of Mannsville, Oklahoma, entered a guilty plea to an Information charging him with one-count of Murder in Indian Country – Second Degree.
The Information alleged that on August 10, 2022, Higginbotham unlawfully killed the victim with malice aforethought. At the plea hearing, Higginbotham admitted to pushing the victim to the ground, knocking her unconscious, and dragging her inside his residence. He then repeatedly hit and kicked the victim, causing fatal blunt force trauma to her head and neck. The crime occurred in Johnston County, within the boundaries of the Chickasaw Nation Reservation, in the Eastern District of Oklahoma.
The charges arose from an investigation by the Johnston County Sheriff’s Office, the Dickson Police Department, and the Federal Bureau of Indian Affairs.
The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report. Higginbotham was remanded to the custody of the U.S. Marshal pending sentencing.
Assistant United States Attorneys T. Cameron McEwen and Caila M. Cleary represented the United States.
Jackson County Man Sentenced to 10 Years in Federal Prison for Distributing Child PornographyRead the Press Release
PORTLAND, Ore.—A Jackson County, Oregon man with a lengthy criminal history was sentenced to 10 years in federal prison today for distributing child pornography online using Tumblr, a microblogging and social networking website.
Thomas Ray Taylor, 50, a resident of Eagle Point, Oregon, was sentenced to 120 months in federal prison and five years’ supervised release. Taylor was also ordered to pay $27,000 in restitution to his victims.
According to court documents, in November 2018, officers from the Eagle Point Police Department received a tip from the National Center for Missing and Exploited Children (NCMEC) that an individual residing in Eagle Point, who was later identified as Taylor, was suspected of uploading images and videos depicting child sexual abuse to Tumblr.
On March 13, 2019, investigators met Taylor at his place of employment and seized his cell phone. Taylor admitted to viewing child pornography and told police about several digital devices he possessed. Later the same day, police executed a search warrant on Taylor’s residence and seized multiple devices. A forensic examination of the devices later confirmed that Taylor possessed more than 1,000 illicit images and videos, some of which he had shared online.
On October 2, 2019, a federal grand jury in Medford returned a three-count indictment charging Taylor with possessing and distributing child pornography. On September 20, 2021, he pleaded guilty to one count of distributing child pornography.
After pleading guilty, Taylor absconded his pretrial supervision and his whereabouts were unknown to law enforcement for more than 10 months. On October 8, 2022, he was located and arrested in Lee County, Florida.
This case was investigated by the FBI with assistance from the Eagle Point Police Department. It was prosecuted by Judith H. Harper, Assistant U.S. Attorney for the District of Oregon.
Anyone who has information about the physical or online exploitation of children are encouraged to call the FBI at 1-800-CALL-FBI (1-800-225-5324) or submit a tip online at tips.fbi.gov.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Justice Department to combat the growing epidemic of child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Hugo Resident Sentenced for Second Degree MurderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Ashton Boyd Smith, age 19, of Hugo, Oklahoma, was sentenced to 121 months in prison for Second Degree Murder in Indian Country relating to his role in a November 2021 robbery-homicide.
The charges arose from investigations by the Oklahoma State Bureau of Investigation, the Hugo Police Department, the Choctaw County Sheriff’s Office, and the Federal Bureau of Investigation.
On September 13, 2022, Smith pleaded guilty to Second Degree Murder in Indian Country. On November 15, 2021, Smith and an accomplice lay in wait for the victim outside the victim’s Hugo residence in order to rob him. During the robbery, Smith stood by, armed with a rifle, while his accomplice shot the victim several times with a .22 caliber handgun, killing him. Before fleeing the scene with the victim’s personal effects, Smith and his accomplice stopped to steal items from the victim’s vehicle.
The crime occurred in Choctaw County, within the boundaries of the Choctaw Nation Reservation, in the Eastern District of Oklahoma.
The Honorable John C. Coughenour, U.S. District Judge in the United States District Court for the Western District of Washington, sitting by assignment, presided over the hearings in Muskogee. Smith will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Benjamin D. Traster represented the United States at the sentencing hearing.
Hillsborough County Jail Inmates, an Inmate’s Sister, and A Nurse Plead Guilty to Smuggling Narcotics into Jail, Resulting in Serious Bodily InjuryRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Seneca Dukes (42, Tampa) and David Marty (43, Tampa) have pleaded guilty to conspiracy to distribute fentanyl and methamphetamine resulting in serious bodily injury. Dukes and Marty had pleaded guilty on October 23, 2023, immediately before their trial was to commence. Each faces a minimum mandatory sentence of 20 years, and up to life, in federal prison. Their sentencing dates have not yet been set. Co-conspirators Emmanuel Gotay Hernandez (34, Tampa), Miriam Marti-Benning (49, Tampa), and Michelle Lipinski (35, Tampa) previously pleaded guilty to the conspiracy and are also pending sentencing.
According to court proceedings and documents, in March 2021, Dukes, Marty, Gotay Hernandez, Marti-Benning, and Lipinski conspired to obtain controlled substances and smuggle them into the Hillsborough County Falkenburg Road Jail. Dukes and Marty were housed in the same pod at the jail, and Lipinski, who was a nurse at the jail, routinely visited their pod. Dukes developed a relationship with Lipinski and asked her to meet with Marti-Benning to get packages from her and bring them to him during her rounds. Marty had his sister, Marti-Benning, obtain controlled substances and give them to Lipinski.
Gotay Hernandez was one of the individuals who supplied drugs to Marti-Benning. He was also an inmate in the same jail pod as Dukes and Marty, but he was released from the jail on March 14, 2021. At Marty’s request, Gotay Hernandez met with Marti-Benning and provided her with fentanyl. Marti-Benning, in turn, met with Lipinski, who then brought multiple packages of controlled substances to Dukes during her rounds on March 29, 2021.
An inmate in the pod overdosed on the fentanyl the next morning. The inmate was found on the shower floor, motionless, and struggling to breath. A medical team arrived and moved the inmate to the jail clinic for emergency treatment. Through the administration of Narcan, the medical team revived the inmate.
Following the overdose, jail deputies searched the pod and found a bag with methamphetamine and two small blue plastic baggies that contained fentanyl hidden in a slot in a bathroom partition. During the subsequent investigation, inmates in the pod said Dukes was selling drugs in the pod, a nurse was bringing the drugs into the pod and providing them to Dukes and, the last time the nurse met with Dukes was on March 29, 2021. An inmate provided investigators with a torn piece of paper with the name “Miriam Marti Benning” written on it and said that inmates were paying for narcotics through Cash App, a payment service that allows money transfers using a cellphone application.
Videos from the pod showed that Lipinski met with Dukes for approximately five minutes on the afternoon of March 29, 2021. They met in a semi-private room within the pod. Investigators reviewed calls on the jail’s recorded call system and learned that Lipinski had received hundreds of calls from inmates and Dukes was one of her most frequent callers. In coded language during some of their calls, Dukes and Lipinski discussed Lipinski getting items from Marti-Benning and bringing them to Dukes in the jail.
Gotay Hernandez and Marti-Benning communicated with each other through texts and phone calls to arrange for a delivery of heroin. Marty called them from the jail to discuss the plans for Gotay Hernandez to meet with his sister. After he delivered narcotics to Marti-Benning on March 28, 2021, Gotay Hernandez told her the substance was fentanyl and that it was very strong. On April 2, 2021, when Lipinski reported to work, detectives arrested and questioned her. Lipinski admitted that, at Duke’s request, she had been meeting with Marti-Benning and bringing packages into the jail, most recently on March 29, 2021, and that she delivered the packages to Dukes. She suspected the packages contained narcotics, but they were wrapped in black electrical tape, and she did not know the specific drugs she was smuggling into the jail.
Investigators searched Marti-Benning’s residence on April 5, 2021, and found methamphetamine, heroin, a digital scale, ring baggies, and a roll of black electrical tape. Marti-Benning admitted that she had obtained narcotics and provided them to Lipinski, and the packages were to be brought into the jail and delivered to Dukes.
This case was investigated by the Hillsborough County Sheriff’s Office, the Florida Department of Law Enforcement, and Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorneys Michael Sinacore and Samantha Newman.
Hiawatha felon sentenced for illegal firearm purchaseRead the Press Release
TOPEKA, KAN. – A Kansas man was sentenced to 37 months in prison for directing a third party to illegally purchase a firearm for him.According to court documents, Jonathan Lee Hunt, 34, of Hiawatha pleaded guilty to one count of aiding and abetting another in providing false statements in the acquisition of a firearm.
In April 2021, Hunt instructed another person to submit false information in order to purchase a Taurus, Model G3, 9mm pistol on his behalf. Hunt is prohibited from possessing firearms due to a prior qualifying felony conviction.
“Purchasing firearms for prohibited people is a major source of crime guns around the country and here in Kansas,” stated Bernard Hansen, Special Agent in Charge of ATF’s Kansas City Field Division. “Federal firearms laws exist to keep firearms out of the hands of criminals and those who cannot lawfully possess firearms. Those who seek to evade federal law by lying to purchase guns or by getting others to do so, will be identified and prosecuted. Enforcing these laws reduces violent crime and keeps our communities safe.”
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Hiawatha Police Department investigated the case.
Assistant U.S. Attorney Jared Maag prosecuted the case.
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Greene County Sex Offender Convicted of Child Pornography PossessionRead the Press Release
ALBANY, NEW YORK – Gregory Kurzajczyk, age 76, of East Durham, New York, was convicted today of four counts of child pornography possession, after a 3-day jury trial.
United States Attorney Carla B. Freedman and Alfred A. Watson, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.
The trial evidence showed that Kurzajczyk had prior federal convictions for receiving and distributing child pornography, and was sentenced in January 2017 to 72 months in prison and a life term of supervised release.
Kurzajczyk was released from prison in October 2021 and returned home to Greene County under the supervision of the United States Probation Office.
During a routine home visit on February 16, 2022, a United States Probation Officer saw an unauthorized laptop computer in plain view in Kurzajczyk’s bedroom, which led to the discovery of two more unauthorized laptops, and dozens of other unauthorized computer devices, many of them hidden under the covers of Kurzajczyk’s bed. Two laptops and two USB drives each contained a large amount of child pornography, including image and video files depicting the sexual abuse of small children.
Sentencing is scheduled for February 23, 2024, at which time Kurzajczyk faces at least 10 years and up to 20 years in prison, and at least 5 years and up to a life term of supervision. Kurzajczyk also faces up to 2 more years in prison for violating his supervised release conditions.
A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Kurzajczyk will also be required to forfeit the electronic devices he used to commit his crimes, to pay restitution to victims, and to register as a sex offender upon his release from prison.
The United States Probation Office for the Northern District of New York initiated this investigation, and the case was also investigated by FBI Albany’s Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies, including the Colonie Police Department and the New York State Police. Assistant United States Attorney Michael Barnett is prosecuting this case as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Georgia Man Charged for Making Racially-Motivated Threats and Shooting at His Black NeighborRead the Press Release
A Georgia man was arrested for making racially-motivated threats and shooting at his neighbor, a Black man, in violation of the criminal provision of the Fair Housing Act, and for brandishing and using a firearm.
According to court documents, Mark Wheeler, 73, shot a .22 caliber revolver in the direction of the victim and the victim’s dwelling while yelling racial slurs.
If convicted, Wheeler faces a maximum penalty of 10 years in prison and a $250,000 fine for both the civil rights and firearm charges. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Peter Leary for the Middle District of Georgia and Special Agent in Charge Keri Farley of the FBI Atlanta Field Office made the announcement.
The FBI Atlanta Field Office is investigating the case.
Assistant U.S. Attorneys Daniel Peach and Sonja Profit for the Middle District of Georgia and Trial Attorney Anita Channapati of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
View the indictment here.
Four Utah Residents Charged with KidnappingRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced that federal grand jury in Albuquerque returned an indictment charging Seraphine Warren-Begay, also known as Seraphine Warren, 42, of Tooele, Utah, her husband Orlando Begay, 36, of Salt Lake City, Utah, her sister Josephine Bekay, 46, of Gusher, Utah, and Bekay’s husband Nelton Alex Bekay, 48, of Gusher, Utah, all enrolled members of the Navajo Nation, with kidnapping and conspiracy to commit kidnapping.
According to the indictment, on March 29, 2021, Warren-Begay used Facebook to research and locate the victim, John Doe, before the group drove to John Doe’s residence in Arizona. There, the group entered John Doe’s residence and hit him on top of the head with a blunt force object and shot him with paintball guns before handcuffing him and placing him in the back of one of their vehicles. The group then transported John Doe across state lines from Arizona to Shiprock, New Mexico. The group eventually released John Doe in Farmington, New Mexico on April 1, 2021.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Seraphine Warren-Begay, Orlando Begay, Nelton Alex Bekay, and Josephine Bekay each face up to life imprisonment and 5 years up to life of supervised release thereafter.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Nation Police Department and the Navajo Department of Criminal Investigations. Assistant U.S. Attorney Matthew J. McGinley is prosecuting the case.
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Four Charged with Fentanyl and Cocaine Trafficking ConspiracyRead the Press Release
BOSTON – Four individuals have been indicted by a federal grand jury for their alleged roles in a large-scale drug trafficking conspiracy that distributed fentanyl and cocaine in and around the Quincy and Weymouth areas.
The following individuals were charged in a nine-count second superseding indictment with conspiracy to distribute and possess with intent to distribute cocaine, fentanyl and fentanyl analogue: Aderito Patrick Amado, 33, of Brockton; Erica Vieira, 26, of Brockton; Neylton Fontes, 35, of New Bedford; and Chaasad Cyprien, 23, of Oxford.
The defendants were initially indicted by a federal grand jury in September 2022 and subsequently charged in a first superseding indictment in December 2022.
According to the charging documents, Amado, Vieira, Fontes and Cyprien participated in a conspiracy to distribute certain quantities of fentanyl, fentanyl analogue and cocaine in and around Quincy and Weymouth until at least January 2021. All face charges of possessing with intent to distribute controlled substances, including fentanyl, cocaine, or fentanyl analogue. Amado is also charged with possessing firearms in furtherance of a drug crime. Due to a previous felony conviction, Amado is prohibited from possessing a firearm and ammunition.
The charge of possession with intent to distribute 400 grams or more of fentanyl, 100 grams or more of a fentanyl analogue, or conspiracy to do the same, provides for a mandatory minimum sentence of 10 years up to life in prison, at least five years and up to a lifetime of supervised release and a fine of up to $10 million. The charge of possession with intent to distribute 40 grams or more of fentanyl or 500 grams or more of cocaine, or conspiracy to do the same, provides for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release and a fine of up to $5 million. The charge of possession with intent to distribute cocaine or fentanyl, or conspiracy to do the same, provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. The charge of possessing a firearm and ammunition as a convicted felon provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Each charge of possessing a firearm in furtherance of a drug offense provides for a sentence of at least five years and up to life in prison, to be served from and after the term of imprisonment imposed for any other count, up to five years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Valuable assistance in the investigation was provided by the Weymouth and Quincy Police Departments. Assistant U.S. Attorney Kaitlin R. O’Donnell of the Organized Crime & Gang Unit is prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Four Alleged Fentanyl Traffickers Arrested in Connection to Army Spouse DeathRead the Press Release
WACO, Texas– Four individuals have been arrested on criminal charges related to their alleged involvement in fentanyl trafficking resulting in the death of the dependent spouse of a Fort Cavazos soldier.
According to court documents, Julio Bonilla-Tirado aka “Falo,” 36, of Copperas Cove; Gilberto Hernandez-Marin aka “Joyto,” aka “Lento,” aka “El Viejo,” 28, of Trujillo Alto, Puerto Rico; Juan Cabral aka “Juanki,” 31, of Bayamon, Puerto Rico; and Adxel Romero-Flores aka “Axel,” 31, of Bayamon, Puerto Rico were allegedly responsible for transporting more than two pounds of fentanyl pills into the Central Texas area, some of which caused the death of a U.S. Army dependent spouse.
Bonilla-Tirado was arrested by Army Criminal Investigation Division (CID) and the Copperas Cove Police Department in Copperas Cove on Sept. 14. Hernandez-Marin was arrested by the Puerto Rico Police Department on Oct. 8. Cabral was captured by the United States Marshal Service Puerto Rico Fugitive Task Force on Oct. 19. Romero-Flores is currently incarcerated within the judicial system of Puerto Rico for an unrelated criminal offense and is pending transfer into federal custody.
Bonilla-Tirado, Cabral, Romero-Flores, and Hernandez-Marin are all charged with conspiracy to possess with intent to distribute at least 400 grams of fentanyl resulting in death and unlawful communications. If convicted, each defendant faces a penalty of 20 years to life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Maria Thomas for the Army CID Central Texas Field Office made the announcement.
Army CID is investigating the case with valuable assistance provided by the Drug Enforcement Administration; Homeland Security Investigations; the U.S. Postal Inspection Service; the U.S. Marshals Service; the Texas Department of Public Safety Criminal Investigation Division; the Killeen Police Department; the Copperas Cove Police Department; and the Puerto Rico Police Department.
Assistant U.S. Attorney Christopher Blanton is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Former UGA Football Player Convicted on All Counts in RaceTrac Shooting CaseRead the Press Release
ATHENS, Ga. – A federal jury today convicted a Pennsylvania resident and former University of Georgia student and football player of federal charges resulting from a lengthy investigation into the shooting death of an Oconee County, Georgia, man.
Ahkil Nasir Crumpton aka “Crump,” 26, of Philadelphia, Pennsylvania, was found guilty of one count of interference with commerce by attempted robbery and one count of false statement during the purchase of a firearm today. Crumpton faces a maximum of 20 years in prison for attempted robbery and a maximum of ten years in prison for the firearm charge. The sentencing date will be determined by the Court. The defendant is not eligible for parole. Crumpton is facing state charges for murder and other offenses in Georgia.
The trial began on Oct. 16 before U.S. District Judge Tilman “Tripp” Self.
“No matter today’s outcome, there is no returning Elijah Wood to his family and friends, who have had to endure both the pain of his loss and many unanswered questions,” said U.S. Attorney Peter D. Leary. “Pursing justice in this case was challenging and lengthy, but ultimately the dedicated collaboration of investigators and prosecutors prevailed. I hope that today’s verdict offers some measure of justice for Elijah Wood’s family.”
“Ahkil Crumpton’s crime was senseless, tragic, and irreversible,” said Supervisory Senior Resident Agent Robert Gibbs of the FBI’s Athens office. “This outcome reflects the commitment of the FBI to working with our law enforcement partners to hold violent offenders accountable. We hope Elijah Wood’s family can find some healing in this verdict.”
“NIBIN is proven technology used to link the criminal use of firearms with the person who pulled the trigger,” said ATF Assistant Special Agent in Charge Beau Kolodka. “In this case, NIBIN allowed investigators to successfully connect both shootings to the defendant. Working alongside our local, state and federal partners, ATF is committed to using every resource at our disposal to reduce violent crime and hold violent offenders accountable.”
According to court documents and evidence presented at trial, Crumpton was alone when he entered the RaceTrac gas station and convenience store on Macon Highway in Watkinsville, Georgia, on March 19, 2021, where Elijah Wood was working as the store clerk, filling in for a sick coworker. Crumpton’s face was covered, and he was wearing dark clothing and football gloves. There was another customer in the store; Crumpton is seen on surveillance video exiting and then returning at 1:15 a.m. Upon his return, Crumpton approached Wood, who was standing behind the counter at the cash register. Crumpton pointed a Glock 19 pistol with a weapon mounted light at Wood, firing one round at close range towards Wood, striking him in the chest. Wood’s girlfriend testified at trial that she was on a FaceTime call with Wood at the time. Crumpton ran out of the store without taking any money or merchandise. Wood died at the scene. The Oconee County Sheriff’s Office (OCSO) located one 9mm shell casing from the counter between two of the cash registers.
Four months later, on July 17, 2021, Crumpton was seen exiting the South Street Diner at 140 South Street, Philadelphia, Pennsylvania, at 3:18 a.m. to retrieve a Glock 43 pistol from a vehicle and was approached by Anthony Jones. Surveillance video from a nearby business captured the encounter between Jones and Crumpton. Jones brandished a silver handgun and pointed it at Crumpton, then appeared to grab the car keys out of Crumpton’s left hand. Jones forcefully removed the Glock 43 pistol from Crumpton’s right pocket while simultaneously holding him at gunpoint. When Jones turned around following the robbery and began to run away, Crumpton pulled a Glock 19 pistol from his waistband and fired 13 gunshots that ultimately struck and killed Jones. The spent 9mm shell casings ejected from Crumpton’s handgun were collected by law enforcement and later submitted to ATF’s National Integrated Ballistic Information Network (NIBIN) for comparison testing. The analysis confirmed that the firearm used in the RaceTrac murder in Oconee County, Georgia, was the same firearm used in the Philadelphia, Pennsylvania, shooting.
On the morning of March 16, 2022, FBI and ATF agents arrested Crumpton in Philadelphia on a murder warrant issued out of the Superior Court of Oconee County, Georgia. Crumpton jumped out of his bedroom window to escape arrest, but he was taken into custody by FBI SWAT following a chase. Inside Crumpton’s bedroom, agents located the Glock 19 pistol that was confirmed in ballistics testing to be the one used in the shooting deaths of Elijah Wood in Oconee County and Anthony Jones in Philadelphia. The gun was found inside Crumpton’s official 2018 Rose Bowl Game backpack given to the players who competed in the football game. In addition, agents found items of clothing worn by Crumpton in both shooting deaths and a loaded AR-15 rifle.
Crumpton was a former member of the University of Georgia (UGA) football team, where he played wide receiver during the 2017 and 2018 season and attended UGA as a student from the fall of 2017 to the spring of 2021, although he did not graduate. At the time of Elijah Wood’s murder, Crumpton resided at an apartment in Watkinsville, Georgia, less than two miles from the RaceTrac, with his close friend and UGA football teammate, Juwan Taylor, who is currently a player development assistant for the team. Taylor testified at trial that Crumpton came to their apartment after the shooting holding the pistol and was visibly upset saying, “I didn’t mean to do it – I just wanted the money, I just shot him at the store, at the store.” Crumpton explained further that when he lifted the gun up, it “just went off.” Taylor said he was frightened for his own safety and did not tell anyone. In July 2021, Crumpton returned to live in his hometown of Philadelphia.
Co-defendant James North Armstrong, 35, of Commerce, Georgia, testified that Crumpton was a client of his at his tattoo studio. Armstrong testified that Crumpton asked him to purchase a gun for him. Armstrong admitted that he illegally purchased the Glock 19 for Crumpton on Feb. 8, 2021, at the Franklin Gun Shop in Athens, Georgia, by falsely claiming to be the buyer on the Firearms Transaction Record-Form 4473 when Crumpton was the actual buyer. It is a federal offense to lie on Form 4473. Armstrong pleaded guilty to one count of false statement during the purchase of a firearm on Oct. 3 and faces a maximum of ten years in prison and a $250,000 fine. Sentencing for Armstrong will occur at a date determined by the Court.
Crumpton was originally indicted on four federal charges (for more information, please see https://www.justice.gov/usao-mdga/pr/federal-murder-attempted-robbery-firearms-charges-filed-shooting-death-oconee-county). The U.S. Supreme Court’s ruling in United States v. Taylor, handed down a month and ten days after Crumpton’s federal indictment, found that attempted Hobbs Act robbery was not a crime of violence. Therefore, Counts Two and Three in Crumpton’s original indictment were dismissed prior to trial.
This case was made possible by investigative leads generated from the ATF’s National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, please visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
The case was investigated by the Oconee County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), FBI, GBI, the Athens-Clarke County Police Department and the Philadelphia Police Department, with assistance from the U.S. Attorney’s Office for the Eastern District of Pennsylvania.
Assistant U.S. Attorneys Mike Morrison and Daniel Peach are prosecuting the case for the Government.
Former Ottawa County Prosecutor Sentenced After Seeking Sexual Favors from Defendants in Exchange for Favorable Treatment in Court ProceedingsRead the Press Release
A former Ottawa County Assistant District Attorney pleaded guilty on July 13, 2022, in federal court after he provided drugs and performed favorable legal actions that benefitted defendants in exchange for sex, announced U.S. Attorney Clint Johnson.
Today, U.S. District Judge Raul Arias-Marxuach, sentenced Daniel Thomas Giraldi, 44, of Joplin, to 30 months in prison followed by 3 year term of supervision upon release. In July of 2022, Giraldi plead guilty to one count of possession of Oxycodone with intent to distribute and four counts of honest services fraud.
Per the stipulations in the plea agreement, Giraldi will relinquish and forfeit his Oklahoma Bar License and never apply for reinstatement to the Oklahoma Bar. He will also never hold any public office nor any position of public trust within the state of Oklahoma.
“As a public servant to the people of Ottawa County, Daniel Giraldi disgraced the office of Assistant District Attorney,” said U.S. Attorney Clint Johnson. “He had a duty to act with integrity and competence. Instead, he violated the law and the trust placed in him by the District Attorney. Investigators were unyielding in their pursuit of justice in this case, thus ensuring Giraldi’s conviction.”
In the plea agreement, Giraldi admitted that he carried and possessed Oxycodone with intent to distribute. That he texted a defendant approximately a week earlier and agreed to bring the drug when the two rendezvoused for sex. He further admitted to defrauding the citizens of Oklahoma and the Ottawa County District Attorney’s Office of their right to honest and faithful services that he owed to them as an Assistant District Attorney, stating that he took bribes in exchange for corrupt official acts that benefitted defendants. Giraldi specifically stated that he would receive something of value, including sexual acts with multiple women, in exchange for favorable treatment that included reduction of bond amounts on criminal defendants, the dismissal of traffic violations, and other corrupt actions. The crimes occurred from approximately February 2019 through April 19, 2022.
Daniel Thomas Giraldi was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI, Oklahoma State Bureau of Investigation, Miami Police Department, and District Attorney’s Office-District 13 investigated the case.
Assistant U.S. Attorneys Kyle McWaters and Shannon Cozzoni prosecuted the case.
Former Mississippi Department of Corrections Officials Sentenced for Using Excessive Force Against an InmateRead the Press Release
WASHINGTON – Three former Mississippi Department of Corrections officials were sentenced today for using excessive force against an inmate, involving the use of dangerous weapons and resulting in bodily injury.
According to court documents, on July 11, 2019, at the Central Mississippi Correctional Facility, Corrections Officer (CO) Jessica Hill, CO LaToya Richardson and Case Manager Nicole Moore assaulted a defenseless inmate, L.C., while L.C. was in the fetal position and not resisting in any fashion. Hill struck L.C. several times with an OC cannister and then repeatedly punched her in the head. Richardson kicked the inmate four times in the head and upper torso, and Moore kicked L.C. one time in the back of the head. Hill continued to strike L.C., who was still laying on the ground in the fetal position, until fellow prison staff intervened to stop Hill’s assault.
All three defendants previously pleaded guilty to their respective roles assaulting L.C., in violation of the inmate’s Eighth Amendment right to be free from cruel and unusual punishment. Hill was sentenced to three years and one month in prison, two years of supervised release and a $1,500 fine. Richardson was sentenced to three years and one month in prison, two years of supervised release and a $1,500 fine. Moore was sentenced to two years in prison, two years of supervised release and a $1,500 fine.
“These defendants are being held accountable for their criminal abuse of their authority by using excessive force against an inmate who was not resisting them,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to prosecuting prison officials who violate the law and their oaths by subjecting inmates in their custody to cruel and unusual punishment.”
“The defendants in this case ignored their sworn duty to protect inmates and chose violence instead,” said U.S. Attorney Todd W. Gee for the Southern District of Mississippi. “We will continue to prosecute those who abuse their positions of authority and violate the civil rights of inmates.”
“Our citizens serving time for their criminal acts against the public are warranted the safety and protection from harm by correctional officers responsible for their care,” said Special Agent in Charge Jermicha Fomby of the FBI Jackson Field Office. “Hill’s deliberate violation of this trust is a disservice to those in the penal system, correctional officials who are honorable in their profession and citizens in general. The FBI is committed to protecting all citizens of our community.”
The FBI Jackson Field Office investigated the case.
Trial Attorney Eric Peffley of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Glenda Haynes for the Southern District of Mississippi prosecuted the case.
Former Mississippi Department of Corrections Officials Sentenced for Using Excessive Force Against an InmateRead the Press Release
Three former Mississippi Department of Corrections officials were sentenced today for using excessive force against an inmate, involving the use of dangerous weapons and resulting in bodily injury.
According to court documents, on July 11, 2019, at the Central Mississippi Correctional Facility, Corrections Officer (CO) Jessica Hill, CO LaToya Richardson and Case Manager Nicole Moore assaulted a defenseless inmate, L.C., while L.C. was in the fetal position and not resisting in any fashion. Hill struck L.C. several times with an OC cannister and then repeatedly punched her in the head. Richardson kicked the inmate four times in the head and upper torso, and Moore kicked L.C. one time in the back of the head. Hill continued to strike L.C., who was still laying on the ground in the fetal position, until fellow prison staff intervened to stop Hill’s assault.
All three defendants previously pleaded guilty to their respective roles assaulting L.C., in violation of the inmate’s Eighth Amendment right to be free from cruel and unusual punishment. Hill was sentenced to three years and one month in prison, two years of supervised release and a $1,500 fine. Richardson was sentenced to three years and one month in prison, two years of supervised release and a $1,500 fine. Moore was sentenced to two years in prison, two years of supervised release and a $1,500 fine.
“These defendants are being held accountable for their criminal abuse of their authority by using excessive force against an inmate who was not resisting them,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to prosecuting prison officials who violate the law and their oaths by subjecting inmates in their custody to cruel and unusual punishment.”
“The defendants in this case ignored their sworn duty to protect inmates and chose violence instead,” said U.S. Attorney Todd W. Gee for the Southern District of Mississippi. “We will continue to prosecute those who abuse their positions of authority and violate the civil rights of inmates.”
“Our citizens serving time for their criminal acts against the public are warranted the safety and protection from harm by correctional officers responsible for their care,” said Special Agent in Charge Jermicha Fomby of the FBI Jackson Field Office. “Hill’s deliberate violation of this trust is a disservice to those in the penal system, correctional officials who are honorable in their profession and citizens in general. The FBI is committed to protecting all citizens of our community.”
The FBI Jackson Field Office investigated the case.
Trial Attorney Eric Peffley of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Glenda Haynes for the Southern District of Mississippi prosecuted the case.
Former Federal Corrections Officer Sentenced for BriberyRead the Press Release
Jackson, Miss. – A former federal corrections officer from Greenville, Mississippi, was sentenced to serve 12 months and one day in federal prison for bribery.
According to court documents, from August 2017 to June 2018, Brian Jenkins, 39, accepted payment in exchange for smuggling contraband into the Federal Prison in Yazoo County, Mississippi, where he was employed as a corrections officer. Jenkins admitted receiving payments of just over four thousand dollars from inmates and others for delivering the contraband to inmates inside the facility.
Jenkins was charged by criminal information and pled guilty to accepting bribe payments in exchange for bringing contraband items into the Yazoo City Federal Corrections Complex.
U.S. Attorney Todd W. Gee of the Southern District of Mississippi and Deputy Assistant Inspector General for Investigations Sandra Barnes of the U.S. Department of Justice, Office of the Inspector General made the announcement.
The case was investigated by the U.S. Department of Justice, Office of Inspector General.
The case was prosecuted by Deputy Criminal Chief Dave Fulcher.
Florida Man Pleads Guilty to Federal Charges Related to the Sexual Exploitation of MinorsRead the Press Release
Baltimore, Maryland – John W. Balch, age 76, of Jacksonville, Florida, pleaded guilty yesterday to two counts of sexual exploitation of a child and admitted to the sexual exploitation of six minor victims, including prepubescent minors. Today, co-defendant Jane Ellen Campbell, age 35, of Hagerstown, Maryland pleaded guilty to distribution of child pornography, related to one of the victims.
The guilty pleas were announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge James C. Harris of Homeland Security Investigations (HSI) Baltimore; Colonel Paul Joey Kifer, Chief of the Hagerstown Police Department; Commissioner Richard Worley of the Baltimore Police Department; and Frederick County State’s Attorney J. Charles Smith, III.
According to his guilty plea, between 2017 and 2022, Balch sexually exploited six minors between the ages of 3 and 15 years old. Balch paid the victims’ mothers to produce images and videos of the victims engaged in sexually explicit conduct. The exploitation also included paying the victims’ mothers to perform sex acts on their prepubescent children, record the abuse, and send the files to Balch. Balch also admitted that he paid one of the mothers to transport her 15-year-old daughter to engage in sex acts with Balch in a hotel room.
As detailed in Campbell’s plea agreement, Campbell and Balch met in approximately 2007. In recent years, Campbell drove various women to have commercial sex with Balch in hotels when Balch traveled to Maryland from his home in Florida. In 2017, Balch asked Campbell multiple times to produce naked images of Minor Victim 1, who was nine years old at the time. Campbell admitted that she sent Balch sexually explicit images of Minor Victim 1 on three occasions between January and March of 2017. Beginning in 2021, Balch initiated conversations directly with Minor Victim 1. According to Campbell’s plea agreement, Balch paid Campbell $3,245, between November 23, 2020, and August 5, 2022.
As detailed in their plea agreements, upon their release from prison the defendants will be required to register as sex offenders in the places where they reside, where they are employees, and where they are students, under the Sex Offender Registration and Notification Act (“SORNA”).
Balch faces a mandatory minimum sentence of 15 years in federal prison and a maximum sentence of 30 years for each count of sexual exploitation of a child Campbell faces a mandatory minimum sentence of 5 years and a maximum of 20 years in federal prison for distributing visual depictions of a minor engaged in sexually explicit conduct. Chief U.S. District Judge James K. Bredar has scheduled sentencing for Balch on January 26, 2024, at 10:00 a.m. and for Campbell on January 23, 2024, at 11:30 a.m.
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 Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.
United States Attorney Erek L. Barron commended the HSI, the Hagerstown Police Department, the Baltimore Police Department, and the Frederick County State’s Attorney’s Office for their work in this investigation. U.S. Attorney Barron also recognized the U.S. Attorney’s Offices for the Northern District of West Virginia and the Middle District of Florida, and the FBI’s Pittsburgh Field Office for their assistance in the Balch case. Mr. Barron thanked Assistant U.S. Attorney Paul E. Budlow and Special Assistant U.S. Attorney Joyce King, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Felon Pleads Guilty to Unlawful Possession of FirearmsRead the Press Release
LAS VEGAS – A Las Vegas man who engaged in an exchange of gunfire on Fremont Street last September pleaded guilty to unlawful possession of two firearms.
According to court documents and admissions made in court, on September 1, 2022, DaJuan Lamar Gamble, also known as “Popeye,” 40, fired at least three shots from a Smith & Wesson M&P Shield 9mm pistol from a walkway of a motel on East Fremont Street at an SUV that had stopped in the street in front of the motel. A passenger in the SUV fired at least two shots from the vehicle at Gamble. Security camera recordings at the motel captured the gunfire. Las Vegas Metropolitan Police Department recovered the 9mm pistol and a Norinco MAK-90 7.62 x 39mm semi-automatic rifle in a black bag hidden in the boiler room of the motel. Trace DNA found on the 9mm semi-automatic pistol matched that of Gamble.
Gamble pleaded guilty Monday to felon in possession of firearms. He has prior felony convictions in Clark County including attempt discharge firearm at or into occupied structure, vehicle, aircraft or watercraft; accessory to murder; possession of stolen property; and possession of controlled substance with intent to sell. Gamble is prohibited by law to possess firearms as a result of those prior felony convictions.
Gamble faces a maximum statutory penalty of 15 years in prison and three years of supervised release at sentencing on January 22, 2024, before United States District Judge Jennifer A. Dorsey.
United States Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Jennifer Cicolani for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) made the announcement.
This case was investigated by the ATF and Las Vegas Metropolitan Police Department. Assistant United States Attorneys Dan Cowhig and David Kiebler are prosecuting the case.
Anyone with information about the unlawful purchase of firearms can call ATF at 1-888-ATF-TIPS (1-888-283-8477), email [email protected], or submit information anonymously at www.reportit.com/.
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Edinburg, PA Resident Indicted on a Charge of Violating Federal Postal LawsRead the Press Release
PITTSBURGH, PA - A resident of Edinburg, PA, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal Postal laws, United States Attorney Eric G. Olshan announced today.
The one-count Indictment named Brad Penwell, age 39, of Edinburg, PA, as the sole defendant.According to the Indictment, on March 13, 2023, Penwell engaged in theft of mail matter while employed by the United States Postal Service.
The law provides for a maximum total sentence of not more than 5 years in prison, a fine of not more than $250,000, a term of supervised release of not more than three years, or a combination thereof. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The United States Postal Inspection Services conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Domestic Abuser Sentenced to 4 Years in Federal Prison for Firearm OffenseRead the Press Release
Spokane, Wash – United States District Judge Mary K. Dimke sentenced Michael Brian Ross, age 41, of Spokane, Washington to 4 years in federal prison after Ross pleaded guilty to being a Felon in Possession of a Firearm. Ross will also serve 3 years of supervised release after his release from confinement.
According to court documents, On February 8th, 2023, officers with the Department of Corrections (DOC) detained Ross on a DOC warrant issued for his failure to report. DOC officers then received permission to search Ross’s truck. Inside, they spotted what appeared to be a gun stashed under the dash. Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were contacted and searched the truck. They removed a loaded 9mm caliber semi-automatic pistol.
At the time he was detained, Ross had three convictions for crimes that qualify for federal felonies, including, one count Second Degree Assault (Domestic Violence), First Degree Burglary, and seven counts of Possession of a Stolen Firearm.
This sentencing is part of the Eastern District of Washington’s Safe Homes, Safe Community initiative in Spokane, which is designed to help communities implement promising practices to protect domestic violence survivors by preventing abusers from having unlawful access to firearms in situations that are already dangerous for survivors.
“The unlawful possession of firearms by domestic violence abusers is too often deadly for victims of intimate partner violence and lethal for law enforcement officers responding to emergency calls,” U.S. Attorney Vanessa R. Waldref stated. “The Safe Homes, Safe Community initiative is making important progress in keeping firearms out of the hands of domestic abusers and in making our neighborhoods safe and strong.”
“With multiple qualifying felony convictions, Mr. Ross clearly knew he was not supposed to possess firearms, yet he did so anyway,” said ATF Seattle Field Division Special Agent in Charge Jonathan T. McPherson. “This is a well-earned sentence and one from which he will hopefully change his ways upon release.”
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Washington State Department of Corrections. This case was prosecuted by Michael J. Ellis, Assistant United States Attorney for the Eastern District of Washington, and Michael L. Vander Giessen, Assistant United States Attorney for the Eastern District of Washington.
Domestic violence is a serious crime that can include both physical and emotional abuse, and it is frequently hidden from public view. Many survivors suffer in silence, afraid to seek help or not knowing where to turn. The traumatic effects of domestic violence also extend beyond the abused person, impacting family members, friends, and communities.
If you or someone you know are in immediate danger, please call 911.
If you need assistance or know someone who needs help, please contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233). Many communities throughout the country have also created support networks to assist survivors in the process of recovery.
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Des Moines Man Sentenced to 40 Years in Prison for Child Exploitation, Sex Trafficking, Kidnapping, and Marijuana OffensesRead the Press Release
DES MOINES, IA – A Des Moines man was sentenced today to 40 years in prison for sex trafficking three adult females by force, fraud, and coercion and kidnapping one of the adult females; 30 years for sexual exploitation and attempted sexual exploitation of a minor female; and 10 years for conspiracy to distribute marijuana. The sentences were ordered to run concurrently for a total term of 40 years in prison.
According to public court documents, Richard Thomas Ball, 47, used deceptive and coercive tactics as well as physical assaults to compel three adult females to engage in sex acts in exchange for money. Ball trafficked the victims and received proceeds from the victims’ sex acts. Ball kidnapped one of the victims during the course of trafficking her. Ball admitted that he transported the victim against her will in a vehicle from Missouri to Des Moines so that he could physically assault her during the trip as a form of revenge against another victim.
Ball also coerced three minor females to engage in sexually explicit conduct and caused images and videos to be produced of those minor females engaged in such conduct. Ball sexually abused the three minor females, one of whom he began abusing at age 13 and continued for approximately five years. Additionally, Ball admitted to conspiring with others, including minors, to transport marijuana to Iowa and distribute it.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This investigation was conducted by the Federal Bureau of Investigation, Polk County Sheriff’s Office, Iowa Department of Public Safety, Iowa Division of Criminal Investigation, Iowa Division of Narcotics Enforcement, Iowa State Patrol, and Dallas County Sheriff’s Office.
Human trafficking is a crime involving the exploitation of youth under the age of 18 for commercial sex; the exploitation of adults for commercial sex through the use of force, fraud, or coercion; and the exploitation of any individual for compelled labor. Human trafficking does not require the transportation of individuals across state lines, or that someone is physically restrained. Signs that a person is being trafficked can include working excessively long hours, unexplained gifts, physical injury, substance abuse issues, running away from home, isolation from others, or having a person in their life controlling them or monitoring them closely. Victims particularly susceptible to being trafficked include those with criminal histories, a history of physical or sexual abuse, uncertain legal status, and dependency on controlled substances. Individuals who purchase sex from minors or from those who are otherwise exploited for commercial sex are also subject to prosecution for sex trafficking under federal law, if they knew or were in reckless disregard of the fact that they were under the age of 18, or that force, fraud, or coercion was used.
Anyone who suspects human trafficking is occurring, be it a minor engaging in paid sex acts, or anyone being coerced into prostitution or labor, is urged to call the National Human Trafficking Hotline at 1-888-373-7888.
DEA’s National Prescription Drug Take Back Day set for October 28, 2023Read the Press Release
BILLINGS – The U.S. Attorney’s Office for the District of Montana joins the Drug Enforcement Administration in support of the National Prescription Drug Take Back Day on Saturday, Oct. 28. The biannual event will be from 10 a.m. to 2 p.m. at sites across Montana, including a DEA site in Billings. The event is an effort to rid homes of potentially dangerous, expired, unused and unwanted prescription drugs.
This initiative addresses a vital public safety and public health issue. Medicines that languish in homes are highly susceptible to diversion, misuse and abuse. Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses from these drugs.
“Cleaning out medicine cabinets of expired or unused prescription drugs for drop off during DEA’s Take Back Day is an easy and effective way to help stop the epidemic of overdose deaths and addictions, especially those involving opioids. I urge all Montanans do their part to keep loved ones, friends and their communities safer,” U.S. Attorney Jesse Laslovich said.
“Prevention of drug misuse must start at home, which is why for more than a decade DEA’s National Prescription Drug Take Back Day has provided our community a safe and easy way to get rid of unnecessary medications,” said DEA Montana Resident Agent in Charge Cesar Avila. “This past Spring we collected more than 2,200 pounds of unneeded medications throughout Montana and, with your help, we hope to collect even more this Saturday.”
The DEA will have a drop off location in Billings at the Billings Fire Station #5, 605 S. 24th Street W.
More than 15 sheriff’s offices, police departments and federal agencies across Montana are participating in Take Back Day. Information about collection sites and more information about event is available here: https://takebackday.dea.gov/
During the last Take Back Day held on April 22, 2023, 4,497 law enforcement participants at 4,955 collection sites across the country brought in a total weight of 663,725 pounds, or 332 tons, of drugs. This brings the total weight collected to 17.3 million pounds, or more than 8,650 tons, of prescription drugs collected in the history of the program. Collection results may include materials other than prescription drugs.
During the April event, Montanans turned in 2,255 pounds of prescription drugs at 30 collection sites. Twenty-nine law enforcement agencies participated. Total all time weight collected in Montana is 53,445 pounds.
In addition to DEA’s National Drug Take Back Day on Oct. 28, prescription drugs can be disposed of any day throughout the year at any of the 11,000 authorized collectors. For more information on collection sites, visit: https://apps2.deadiversion.usdoj.gov/pubdispsearch/spring/main?execution=e1s1
For more information about the disposal of prescription drugs or about the Oct. 28 Take Back Day event, go to www.DEATakeBack.com.
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D.C. Man Sentenced to 11 Years in Prison for Multiple Armed RobberiesRead the Press Release
WASHINGTON –Lonnell Hart, 50, of Washington, D.C., was sentenced today, in U.S. District Court, to 132 months in prison for multiple armed robberies committed in 2017, announced U.S. Attorney Matthew M. Graves and Acting Chief Pamela A. Smith, of the Metropolitan Police Department (“MPD”).
Hart pleaded guilty on July 8, 2022, to four counts of interfering with interstate commerce by robbery, also known as Hobbs Act robbery. As part of the sentence, U.S. District Court Judge Tanya S. Chutkan ordered 36 months of supervised release and $14,050 in restitution.
According to court documents, between August 15, 2017, and October 25, 2017, Hart robbed four Washington, D.C. CVS pharmacies. During each of those robberies, Hart brandished a loaded firearm and pointed it at employees in order to gain their compliance with his demands. Hart then ordered the employees to provide him with cash from the pharmacies’ safes, as well as the registers. During one robbery, Hart pointed a loaded firearm at the belly of a pregnant woman when his demands were not immediately met.
This case was investigated by the Metropolitan Police Department. It was prosecuted by Assistant U.S. Attorneys Gregory P. Rosen and James B. Nelson.
D.C. Man Pleads Guilty to Illegal Possession of a HandgunRead the Press Release
WASHINGTON -- Michael Stewart, 29, of Washington, D.C., pleaded guilty today to one count of unlawful possession of a firearm and ammunition by a convicted felon and one count of possession with intent to distribute N, N-Dimethylpentylone, announced U.S. Attorney Matthew M. Graves, Acting Chief Pamela Smith, of the Metropolitan Police Department (MPD), and Special Agent in Charge Craig Kailimai of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Stewart entered the guilty plea in the United States District Court for the District of Columbia. U.S. District Court Judge Tanya Chutkan scheduled a sentencing hearing for Jan. 25, 2024. Stewart has been detained since Jan. 8, 2023.
According to the government’s evidence, on Jan. 8, 2023, at about 2:35 a.m., officers observed Stewart in the area of 7th and T Streets, Northwest. As officers approached him, Stewart ran diagonally through an intersection with oncoming traffic from at least one direction. Stewart subsequently was apprehended. Officers recovered a black Ruger SR9C firearm from his person. The gun was loaded with one round in the chamber and 15 rounds in the magazine. The extended magazine in the Ruger had a total capacity of 17 rounds. A records check revealed that the firearm had been reported stolen in Atlanta. Officers also recovered two folded $1 bills with white power inside, a scale, $435 in small denomination bills, and 61.8 grams of N, N-Dimethylpentylone, a designer drug.
This case was investigated by the MPD and the ATF as part of Project Safe Neighborhood. It is being prosecuted by Assistant U.S. Attorney Shehzad Akhtar and former Special Assistant U.S. Attorney Lauren Renaud.
Court Sentences Selma Woman in Fountain Correctional Facility Methamphetamine Smuggling SchemeRead the Press Release
MOBILE, AL – On October 24, 2023, United States District Court Judge, William H. Steele, sentenced Haley Fuentes, of Selma, to 35 months imprisonment for conspiring to smuggle drugs into the Fountain Correctional Facility in Atmore.
Documents filed with the Court established that on March 27, 2022, the co-defendant, Robert O’Brien Rivers, an employee of the Alabama Department of Corrections, entered state property to report for duty at G.K Fountain Correctional Facility. On this morning officers at the facility were performing searches of employees and employee vehicles as they arrived to work. During the search of Rivers’ food items, officers observed two black bowls containing frozen rice. Upon further inspection of the rice bowls, officers found black taped objects underneath the rice. The taped objects contained 244 grams of methamphetamine and 510 grams of marijuana.
Court documents showed that Rivers knowingly received the drugs from people outside the prison to smuggle into an inmate in the prison and that he had done so on multiple occasions in the past. Fuentes and a third co-defendant, Jarvis Callens, had provided drugs to Rivers in the past to smuggle into the prison. On December 25, 2021, Fuentes and Callens were stopped by a Monroe County Sheriff’s Office Deputy with 165 grams of methamphetamine they were attempting to bring to Rivers so he could smuggle it into the prison. Law enforcement did not know at the time the methamphetamine was bound for Rivers. Rivers was previously sentenced by the Court to 54 months imprisonment and Callens was previously sentenced to 168 months, for their roles in the conspiracy.
The case was investigated by the Drug Enforcement Administration, the Alabama Department of Corrections, Investigations and Intelligence Division, and the Monroe County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney George F. May.Convicted Felon and Grape Street Crips Gang Member Sentenced to 25 Years for Selling MethamphetamineRead the Press Release
Memphis, TN – A federal judge recently sentenced a Grape Street Crips gang member and convicted felon to 25 years in federal prison for selling and conspiring to sell methamphetamine. Timothy Lurry, 36, of Memphis was sentenced to 300 months in federal prison for conspiracy to possess methamphetamine with intent to distribute; possession with intent to distribute; and distribution of meth. U.S. District Court Judge John T. Fowlkes, Jr. also ordered Lurry to serve five years of supervised release upon completion of his prison term. United States Attorney Kevin G. Ritz announced the sentence today. There is no parole in the federal system.
According to information presented in court, Homeland Security initiated an investigation of Lurry during which Lurry supplied and sold over 300 grams of pure methamphetamine. At the time, he was on state probation for aggravated assault. After he was arrested, Lurry also directed Paris Bradford to sell cocaine on his behalf.
Paris Bradford and Ivan Guevara-Cortez were also indicted in this investigation. Bradford pled guilty to conspiracy to possess cocaine with intent to distribute; to aiding and abetting the possession of cocaine with intent to distribute; and to distribution of cocaine. On June 26, 2022, United States Senior District Judge John T. Fowlkes Jr. sentenced Bradford to four months in federal prison followed by three years of supervised release.
Guvera-Cortez pled guilty to conspiracy to possess methamphetamine with intent to distribute and to aiding and abetting in the possession of methamphetamine with intent to distribute. On January 10, Judge Fowlkes sentenced Guevara-Cortez to 35 months in federal prison.
This case was investigated by the Department of Homeland Security Investigation; Federal Bureau of Investigation Safe Streets Task Force; Tennessee Bureau of Investigation; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
United States Attorney Ritz thanked Assistant United States Attorney Gregory Allen and Special Assistant United States Attorney Raven Icaza, who prosecuted this case, as well as the law enforcement partners who investigated the case.
Convicted Felon Who Pled Guilty to Identity Theft, Property Theft, and Firearms Charges Sentenced to More than 10 Years in PrisonRead the Press Release
Memphis, TN – A federal judge recently issued a sentence of more than ten years imprisonment in the case of a Shelby County man who had pled guilty to firearms, identity theft, and mail fraud charges. Jeffery L. Ware, 40, of Memphis pled guilty in January to a four-count complaint of mail fraud, identity theft, aggravated identity theft, and being a felon in possession of a firearm. United States District Judge Sheryl H. Lipman sentenced Ware to 121 months in federal prison and three years of supervised release following his prison term. Judge Lipman also ordered Ware to pay $376,191.78 in restitution. There is no parole in the federal system.
According to information presented in court, between April 2016 and July 2021, Ware used the personal identifying information of at least 25 victims to conduct a series of mail fraud and identity theft schemes. In most instances, Ware either opened or took over victims’ bank accounts, used their information to obtain credit cards, or opened lines of credit in the victims’ names. In addition, Ware filed fraudulent quit claim deeds with the Shelby County Register’s Office to obtain 33 Memphis-area residential properties. He then sold some to innocent third-party purchasers and rented others to tenants, pocketing the rental income.
During the investigation, officers executed a search warrant of Ware’s apartment and found a 9 mm pistol. Due to his prior felony conviction, Ware was prohibited from possessing or using firearms.
This case was investigated by the United States Postal Inspection Service, the Federal Bureau of Investigation, the United States Secret Service, and the Collierville Police Department. Assistant United States Attorney Carroll L. André III and former Assistant United States Attorney Murre Foster prosecuted this case on behalf of the United States.
Convicted Felon Sentenced for Pandemic Fraud and Firearm OffensesRead the Press Release
NEWPORT NEWS, Va. – A man who formerly resided in Hampton was sentenced today to 2 years in prison for his role in a fraud conspiracy as well as illegally possessing firearms as a convicted felon.
According to court documents, from about May 2020 through September 2021, Jovaughn E. Turner, 21, joined others to submit fraudulent claims for pandemic-related benefits and counterfeit checks stolen from the mail. Turner and his coconspirators ran the fraud operation from an apartment they rented in Hampton. The apartment – filled with proceeds of the fraud – was burglarized multiple times by a local gang. On September 26, 2021, a would-be robber approached Turner outside the apartment and brandished a firearm. Turner shot and killed the man in self-defense.
Following the shooting, police executed a search warrant at Turner’s apartment and located $28,500 in cash, a laptop computer, a special printer for counterfeiting checks, a money-counting machine, check stock paper, and a magnetic reader/writer/encoder for making credit and debit cards. Police also located approximately 20 counterfeit and stolen checks drawn against the bank accounts of businesses across the country.
In addition to check fraud, the defendant and his coconspirators submitted fraudulent claims for pandemic-related unemployment benefits during the COVID-19 public health crisis. Turner claimed to have worked at Wendy’s and Prime Now LLC and falsely represented that he lost his employment because of the pandemic. In fact, he only worked briefly for these employers and voluntarily abandoned both jobs.
In addition to illegally possessing a firearm on September 26, 2021, when he shot and killed the would-be robber, he was again found in possession of a firearm during a traffic stop in Chesapeake on December 30, 2021. Police recovered a loaded Glock .40 caliber handgun under the driver seat during a search of the vehicle Turner was driving.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Damon E. Wood, Inspector in Charge of the U.S. Postal Inspection Service’s Washington Division; and Jimmie Wideman, Chief of Hampton Police, made the announcement after sentencing by U.S. District Judge Roderick C. Young.
Assistant U.S. Attorney Mack Coleman prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:23-cr-10.
Columbus Businessman Pleads Guilty to Possessing Child Sexual Abuse MaterialRead the Press Release
COLUMBUS, Ga. –A Columbus, Georgia, resident admitted to possessing child sexual abuse material (CSAM) and faces a maximum of 20 years in prison resulting from an investigation by GBI.
Edward Sprouse Boyd, Sr., 49, pleaded guilty to one count of possession of child pornography before U.S. District Judge Clay Land on Oct. 24. Boyd faces a maximum sentence of 20 years in prison to be followed by a maximum lifetime of supervised release and a $250,000 fine. In addition, Boyd will have to register as a sex offender upon release from federal prison. Sentencing is scheduled for Jan. 23, 2024. The defendant is not eligible for parole.
“Our office will hold accountable those who possess, distribute or create child sexual assault material, content which profoundly harms kids,” said U.S. Attorney Peter D. Leary. “I want to commend the GBI for their dedicated and ceaseless efforts to protect children and bring predators to justice.”
“This case serves as a strong reminder of our commitment to protecting children from the atrocities of child sexual abuse. These acts against innocent children will not be tolerated in any capacity and our Child Exploitation & Computer Crimes Unit will continue to work with our local, state and federal partners for the protection of our children,” said GBI Director Chris Hosey.
According to court documents and evidence, the social media platform MeWe submitted several cybertips to the National Center for Missing and Exploited Children (NCMEC) concerning uploads of suspected child sexual assault material (also known as child pornography). The matter was referred to GBI, which determined that the user of the MeWe account was Boyd. A search of Boyd’s MeWe account uncovered CSAM material, including images of fully nude minor females around the age of puberty with their breasts and vaginas exposed, as well as child-centric sexually explicit chats with other users.
A search warrant was executed at Boyd’s home on Aug. 20, 2020. Eighteen electronic devices were seized during the execution of the warrant, to include a cell phone belonging to Boyd. A forensic examination of his cell phone revealed that it contained 5,047 images and 1,157 videos categorized as child abuse material plus 10,643 images and 1,013 videos categorized as child exploitative/age difficult. The images and videos were submitted by the GBI to the NCMEC to both confirm any previously identified minor victims and to enter any unidentified minor victims into their database for possible future identification. The NCMEC identified 125 image files and 30 video files, spanning 82 series.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the GBI, with assistance from the National Center for Missing and Exploited Children.
Assistant U.S. Attorney Crawford Seals is prosecuting the case for the Government.
Cincinnati man pleads guilty to sex trafficking missing teenRead the Press Release
CINCINNATI – A Cincinnati man pleaded guilty in federal court here today to sex trafficking a missing teen girl.
As part of his plea, Payton Jamar Brown, 26, will forfeit his home on Niagara Street in Cincinnati. Proceeds of the sale of the home will be given to Brown’s victim.
According to court documents, from June until October 2022 and again in February 2023, Brown sex trafficked the teenaged girl.
Brown met the victim online and began a relationship with her. The victim began to reside with Brown, who created prostitution advertisements of her. Brown would transport the victim to hotels for prostitution dates that he had arranged. Brown arranged at least 40 prostitution dates in this timeframe and collected the proceeds from the victim.
In October 2022, Colerain police officers responded to Brown’s residence and recovered the victim, who was subsequently taken to a juvenile facility in another state.
In February 2023, the juvenile escaped the facility and messaged Brown on Instagram to pick her up. Brown drove interstate to pick up the victim and her friend and bring them to his residence. Brown again created a prostitution advertisement of the victim and arranged sexual encounters with other men for money.
Throughout his time with the victim, Brown would regularly engage in sex acts with the minor and record those acts with a cell phone. He would then sell the photos and videos to others online.
Brown was arrested by the FBI in February 2023.
Parties involved have recommended a sentence of up to 20 years in prison. Sentencing of the defendant will be determined by the Court at a future hearing.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Colerain Township Police Chief Edwin C. Cordie III; and members of the Regional Electronics and Computer Investigations (RECI) task force announced the guilty plea entered today before U.S. District Judge Douglas R. Cole. Assistant United States Attorney Kyle J. Healey is representing the United States in this case.
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