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Friday 1 September 2023
Kuwaiti Man Charged with Abusive Sexual Contact on AirplaneRead the Press Release
NEWARK, N.J. – A Kuwaiti man appeared in federal court today for alleged abusive sexual contact with a female passenger on a flight to Newark Liberty International Airport, U.S. Attorney Philip Sellinger announced.
Hasan Naser Hussain Alenezi, 18, of Kuwait, is charged by complaint with one count of abusive sexual contact on an airplane. He had an initial appearance before U.S. Magistrate Judge José R. Almonte in Newark federal court and was released on $100,000 unsecured bond, with home detention and GPS monitoring.
According to documents filed in this case and statements made in court:
While on a Nov. 27, 2022, flight from Los Angeles, California, to Newark, Alenezi sat next to a female passenger, who was seated next to the window, instead of sitting in his assigned seat. Alenezi was unknown to the victim. While seated next to the victim, Alenezi repeatedly touched her groin and leg without her permission.
The abusive sexual contact charge is punishable by a maximum penalty of two years in prison and a fine of $250,000.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the charge.
The government is represented by Assistant U.S. Attorney Jenny Chung of the Office’s OCDETF/Narcotics Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
alenezi.complaint.pdfKansas Owner of Construction Firms Pleads Guilty to Employment Tax SchemeRead the Press Release
A Kansas woman pleaded guilty today to willfully failing to account for and pay over employment taxes to the IRS.
According to court documents and statements made in court, Sheryl Clanton of Bucyrus, Kansas, owned and operated McCorkendale Construction Inc., a business specializing in the construction and maintenance of underground infrastructure. Clanton was President of McCorkendale from 2006 through 2011 and was responsible for filing quarterly employment tax returns and collecting and paying federal income and Social Security and Medicare taxes withheld from employees’ wages to the IRS. For the first quarter of 2010 through the last quarter of 2011, however, Clanton did not pay approximately $980,536 in employment taxes owed to the IRS.
In 2011, Clanton abandoned McCorkendale due to its outstanding tax obligations and a bank mortgage foreclosure, and started McClan Construction LLC. From the second quarter of 2012 through the fourth quarter of 2017, Clanton did not pay approximately $1.1 million in employment taxes or file quarterly payroll tax returns as required by law.
Clanton also operated a third underground construction business, NJ Trenching LLC, organized in late 2011. Between 2012 and 2015, Clanton did not report or pay nearly $100,000 of employment taxes owed to the IRS on behalf of NJ Trenching.
In total, Clanton caused a tax loss to the IRS exceeding $2.2 million.
Clanton is scheduled to be sentenced on Dec. 14, and faces a maximum penalty of five years in prison. She also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Robert Kemins and Dominick Giovanniello of the Justice Department's Tax Division are prosecuting the case.
Inmate Sentenced to Prison for Possessing Weapon at FCI BeckleyRead the Press Release
BECKLEY, W.Va. – Iglesias McEntyre, 35, an inmate at the Federal Correctional Institution (FCI) Beckley, was sentenced today to one year in prison, to be followed by three years of supervised release, for possession of a weapon by an inmate of a federal prison.
According to court documents and statements made in court, on October 14, 2022, McEntyre failed to clear a metal detector after numerous attempts. An FCI Beckley staff member conducted a visual search of McEntyre and found a handcrafted weapon commonly known as a “shank” in McEntyre’s underwear. The shank was a piece of metal approximately 5 3/4 inches long, sharpened to a point, with a toothbrush for a handle and thread wrapped around the handle to secure it. McEntyre admitted to possessing the shank, and further admitted that it was designed and intended to be used as a weapon.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Prisons.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Timothy D. Boggess prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-50.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty beyond a reasonable doubt:
Appearing in Great Falls before Chief U.S. District Judge Brian M. Morris on a criminal complaint on Aug. 30 was:
Darius Rostas, 28, of Belgium, on charges of improper entry by alien. If convicted of the most serious crime, Rostas faces a maximum of six months in prison, a $100,000 fine and one year of supervised release. Rostas was detained pending further proceedings. The U.S. Border Patrol conducted the investigation. PACER case reference. 23-82.
Appearing before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Aug. 29 was:
Johan Siemens, 29, of Taber, Alberta Canada, on charges of illegal reentry. If convicted of the most serious crime, Siemens faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release. Siemens was detained pending further proceedings. The U.S. Border Patrol conducted the investigation. PACER case reference. 23-84.
Cornelius Froese, 26, of Vaeuxhall, Alberta, Canada, on charges of transporting illegal aliens. If convicted of the most serious crime, Froese faces a maximum of five years in prison, a $250,000 fine and three years of supervised release. Froese was detained pending further proceedings. The U.S. Border Patrol conducted the investigation. PACER case reference. 23-83.
Justin Arthur Berger, 35, of Helena, on charges of possessing an unregistered machine gun, possessing an unregistered short-barreled rifle and possessing unregistered silencers. If convicted of the most serious crime, Berger faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Berger was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI and Helena Police Department conducted the investigation. PACER case reference. 23-15.
Shawn Saddler, Sr., 56, of Box Elder, on charges of aggravated sexual abuse of a minor, and abusive sexual contact of a minor. If convicted of the most serious crime, Saddler faces a mandatory minimum of 30 years to life in prison, a $250,000 fine and five years to life of supervised release. Saddler was detained pending further proceedings. The FBI and Rocky Boy’s Police Department conducted the investigation. PACER case reference. 23-12.
Appearing on Aug. 28 was:
Jack Andrew Gillespie, 45, of Great Falls, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Gillespie faces a maximum of 20 years in prison, a $1 million fine and three years of supervised release. Gillespie was detained pending further proceedings. The FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, Great Falls Police Department, Cascade County Sheriff’s Office and Montana Highway Patrol conducted the investigation. PACER case reference. 23-74.
Appearing on Aug. 22 was:
Shawn Arrants, 36, of Bozeman, on charges of possession with intent to distribute meth and felon in possession of a firearm. If convicted of the most serious crime, Arrants faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Arrants was detained pending further proceedings. The Jefferson County Sheriff’s Office, Southwest Drug Task Force and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. PACER case reference. 23-13.
Heather Marie Dawn Follette, 37, of Fort Peck, on charges of possession with intent to distribute meth. If convicted of the most serious crime, Follette faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Follette was detained pending further proceedings. The FBI, Montana Highway Patrol, Bureau of Indian Affairs and Fort Peck Tribal Police conducted the investigation. PACER case reference. 23-43.
Brian Dean Bell, 40, of Dodson, on charges of assault with a dangerous weapon, assault resulting in serious bodily injury and possession of a firearm in furtherance of a crime of violence. If convicted of the most serous crime, Bell faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release on the assault crime and a mandatory minimum five years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the firearm crime. Bell was detained pending further proceedings. The FBI and Fort Belknap Police Department conducted the investigation. PACER case reference. 23-03.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Aug. 29 was:
Rhonda Mae Felsman, 46, of Charlo, on charges of conspiracy to possess with intent to distribute fentanyl and possession with intent to distribute fentanyl. If convicted of the most serious crime, Felsman faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Felsman was released pending further proceedings. The Northwest Drug Task Force conducted the investigation. PACER case reference. 23-33.
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Aug. 31 was:
Azuriah Austin Stallcup, 19, of Billings, on charges of prohibited person in possession of a firearm and ammunition. If convicted of the most serious crime, Stallcup faces a maximum of 15 years in prison, a $250,000 fine and three years of supervised release. Stallcup was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Billings Police Department conducted the investigation. PACER case reference. 23-93.
Oliver Rowe, 32, of Brooklyn Park, Minnesota, on charges of possession with intent to distribute cocaine. If convicted of the most serious crime, Rowe faces a mandatory minimum of five years to 40 years in prison, a $5 million fine and three years of supervised release. Rowe was released pending further proceedings. The Drug Enforcement Administration, Eastern Montana High Intensity Drug Trafficking Area Task Force and Montana Highway Patrol conducted the investigation. PACER case reference. 23-71.
Adolfo Vargas Lepe, 59, of Roberts, on charges of kidnapping. If convicted of the most serious crime, Lepe faces life in prison, a $250,000 fine and five years of supervised release. Lepe was detained pending further proceedings. The FBI conducted the investigation. PACER case reference. 23-79.
Appearing on Aug. 22 was:
Matthew Todd Stump, 53, of Joliet, on charges of possession of unregistered firearm. If convicted of the most serious crime, Stump faces a maximum of 10 years in prison, a $10,000 fine and three years of supervised release. Stump was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Carbon County Sheriff’s Office conducted the investigation. PACER case reference. 23-87.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Indiana Man Sentenced to 84 Months for Trafficking in Machinegun Conversion DevicesRead the Press Release
LONDON, Ky.— Bailey Tyler Monde, 20, of Freetown, Indiana, was sentenced 84 months in federal prison on Thursday, by U.S. District Judge Robert E. Wier, after pleading guilty to conspiracy to unlawfully transfer machineguns and one count of unlawful transfer of a machinegun.
According to Monde’s guilty plea agreement, he admitted to trafficking in Machinegun Conversion Devices, commonly known as “Glock switches,” which are designed to convert a Glock-type pistol into a fully automatic machinegun. Monde admitted to using Facebook Messenger for selling stand-alone Glock switches, including ten switches sold at one time in Corbin, Kentucky, as well as selling Glock handguns with the Glock switches installed on the weapons. A Glock switch, by itself, qualifies as a “machinegun” under federal law.
“Machinegun conversion devises are incredibly dangerous, and often quite simple to use,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky. “They easily convert handguns into fully automatic weapons that can fire a remarkable number of shots in just seconds. They are an acute danger to our communities, illegal under federal law, and a critical priority in our efforts to combat violent crime. With our valued partners at the ATF, we will do all we can to eliminate these frightening devices.”
“Machine guns are closely regulated because, in the wrong hands, they pose a deadly threat to our communities,” said ATF Special Agent in Charge Shawn Morrow of the Louisville Division. “This investigation showed how Bailey Monde worked to put dangerous machine gun conversion devices on the street and disregarded the safety of our communities. I commend the work of the ATF London Office and the United States Attorney’s Office, and I hope the message is clear that we aggressively pursue firearms traffickers and sources of crime guns.”
Under federal law, Monde must serve 85 percent of his prison sentence; and upon his release from prison, he will be under the supervision of the U.S. Probation Office for three years.
United States Attorney Shier and Special Agent in Charge Morrow, jointly announced the sentence.
The investigation was conducted by the ATF. The United States was represented by Assistant United States Attorney Gregory Rosenberg.
This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
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Importer of Methamphetamine Sentenced to 45 Months in PrisonRead the Press Release
TUCSON, Ariz. –Emma Encinas-Obregon, 34, of Nogales, Sonora, Mexico, was sentenced last week by United States District Judge Raner C. Collins to 45 months in prison, followed by three years of supervised release. Encinas-Obregon pleaded guilty to Importation of Methamphetamine.
On October 19, 2022, Encinas-Obregon entered the United States from Mexico through the Mariposa Port of Entry in Nogales, Arizona, in a 2011 Audi A4. Concealed inside the vehicle were 50 packages containing 23 kilograms of methamphetamines. Encinas-Obregon admitted to smuggling drugs into the United States on eight separate occasions since August 2022. Each time, after entering the United States, Encinas-Obregon would leave her car while shopping and members of a criminal organization would remove drugs from her vehicle. Encinas-Obregon was paid approximately $2,000 each time she smuggled drugs from Mexico into the United States.
Homeland Security Investigations conducted the investigation in this case. Assistant United States Attorney Evan N. Wesley, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-22-02507-TUC-RCC
RELEASE NUMBER: 2023-130_Encinas-Obregon# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Georgia Tech professor pleads guilty to tax fraudRead the Press Release
ATLANTA - John Crittenden, a professor of environmental engineering at the Georgia Institute of Technology and the former director of the Brook Byers Institute for Sustainable Systems, has pleaded guilty to tax fraud for lying on his tax returns by overstating his charitable deductions.
“Charitable giving is a virtue. But Crittenden avoided paying hundreds of thousands of dollars in taxes by lying about his charitable deductions to perpetrate a tax fraud scheme involving Chinese nationals,” said U.S. Attorney Ryan K. Buchanan. “Because of his actions Crittenden will no longer be employed by the university and will also be required to pay all taxes owed.”
“Crittenden’s guilty plea is the result of the determination and hard work of federal investigators and prosecutors who aggressively pursue allegations of tax fraud,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “The FBI is determined to root out and prosecute anyone who would try to undermine the tax return system.”
“No matter the scheme or amount, do not falsify your tax returns,” said IRS Criminal Investigation Acting Special Agent in Charge Demetrius Hardeman. “We have an incredible team of talented, intelligent agents trained to investigate these tax fraud schemes. Crittenden not only has to make amends by paying his owed taxes, but he also faces jail time, fines, and penalties for his decisions. This guilty plea is evidence that fraud does not pay.”
According to U.S. Attorney Buchanan, the charges and other information presented in court: John Crittenden’s academic research focused on scalable water treatment systems and technologies. Crittenden had deep ties to China, in part due to his position at Georgia Tech and his research.
While employed at Georgia Tech and living in the United States, Crittenden partnered with a Chinese national, Duo Li, to operate several companies in China, including Beijing Keruiduo Environmental, Beijing Crittenden Environmental Technology Company, and Kunshan Techfirst. These companies, as well as individuals associated with Duo Li, wired hundreds of thousands of dollars either directly to the charitable donation arm of Georgia Tech, the Georgia Institute of Technology Foundation (GTF), or to Crittenden’s Bank of America account, after which he “donated” the funds to GTF. When the funds arrived at GTF, they were earmarked for Crittenden’s use at Georgia Tech. Regardless of how the funds reached GTF, Crittenden improperly and falsely claimed the transfers to GTF as charitable deductions on his tax returns without recognizing any of the transfers as income.
Crittenden also received transfers to his Bank of America account from Chinese nationals who were participating in post-doctoral research at Georgia Tech or their family members. Crittenden then “donated” these funds to GTF and improperly and falsely took a charitable deduction on his tax returns, while not recognizing any of the funds as income. Neither Georgia Tech nor GTF were aware that Crittenden was conducting this tax fraud scheme.
As part of the plea agreement, prior to sentencing, Crittenden must resign from all positions of employment at the Georgia Institute of Technology and the Georgia Tech Research Institute, pay all taxes owed for tax years 2011 through 2021, and fully cooperate with the Examination Division of the Internal Revenue Service in making a complete and accurate determination of all taxes, penalties, and interest that Crittenden owes.
Sentencing for Crittenden, 73, of Atlanta, Georgia, is scheduled for January 16, 2024, at 10:00 am before U.S. District Judge Leigh Martin May. Crittenden pleaded guilty to a criminal information charging him with making a false statement on a tax return, in violation of Title 26, United States Code, Section 7206(1).
This case is being investigated by the Internal Revenue Service Criminal Investigation and Federal Bureau of Investigation.
Assistant U.S. Attorney Samir Kaushal is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Four Men Convicted of $18M Global Investment Fraud SchemeRead the Press Release
A federal jury in the Western District of Arkansas convicted four men yesterday for their lead roles in an investment fraud and money laundering conspiracy that cheated victims out of more than $18 million.
“The defendants abused their positions of trust to entice victims into parting with more than $18 million,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “The defendants then used their financial backgrounds to systematically launder the money through a web of international bank accounts. This case stands as a stark message to those who defraud others for their personal gain: you will be found, you will be prosecuted, and you will be convicted.”
According to court documents and evidence presented at trial, between at least 2013 and 2021, John C. Nock, 55, of Fayetteville, Arkansas; Brian Brittsan, 67, of San Marcos, California; Kevin Griffith, 67, of Orem, Utah; and Alexander Ituma, 57, of Lehi, Utah, conspired to engage in an investment fraud scheme through an entity known as “The Brittingham Group,” which Nock founded. Together, the four defendants falsely represented the nature of their investment offerings and promised outsize returns to victims that, in reality, the defendants could not and did not produce. To promote and conceal the conspiracy, Nock and Brittsan directed victims to send their money to bank accounts that Griffith, Ituma, and other co-conspirators controlled. Once the money was in the hands of the co-conspirators, the defendants transferred victim money through a complex web of worldwide bank accounts.
“Plain and simple, these four individuals ran a fraudulent scheme. They falsely represented the nature of their business and lied about potential investment returns to bilk unsuspecting victims out of more than $18 million,” said IRS Criminal Investigation (IRS-CI) Chief Jim Lee. “I commend the Criminal Division’s Fraud Section who prosecuted the case, and our special agents and partners at the FBI uncovered the complex web of financial transactions that led to the defendants’ convictions yesterday.”
“The conviction of these defendants sends a strong message to criminals committing financial crimes. A single scam can destroy a company, devastate families by wiping out their life savings, or cost investors millions of dollars,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI would like to remind investors to be diligent and gather as much information as possible before making any investment. The FBI will continue to work aggressively with our law enforcement partners to investigate and prosecute those who break the law and violate public trust.”
The jury convicted each defendant of conspiracy to commit wire fraud, wire fraud, and conspiracy to commit money laundering. The defendants face a maximum of 20 years in prison on each count. The jury also convicted Nock of money laundering for which he faces a maximum of 10 years in prison. A sentencing date has not yet been set. A federal district court judge will determine any sentences after considering the U.S. Sentencing Guidelines and other statutory factors.
IRS-CI and the FBI investigated the case. U.S. Attorney David Clay Fowlkes and the U.S. Attorney’s Office for the Western District of Arkansas provided invaluable assistance.
Trial Attorneys Philip Trout, Vasanth Sridharan, and Sara A. Hallmark of Criminal Division’s Fraud Section are prosecuting the case.
Four Defendants Sentenced for Role in ATM LarcenyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Crockett, Texas, man convicted of Bank Larceny. The sentencing took place on August 30, 2023.
Keivon Jones, 26, was sentenced to 21 months in federal prison, followed by three years of supervised release. He was ordered to pay approximately $100,000 in restitution and $100 as a statutorily required special assessment to the Federal Crime Victims Fund.
Jones, along with his co-defendants, were indicted for Bank Larceny and Transportation of Stolen Money by a federal grand jury in September of 2022. Jones pleaded guilty on May 8, 2023.
Three co-defendants were previously sentenced in this case:
- Kytorrion Young, age 32, was sentenced to 23 months in federal prison;
- Kendrick Kennedy, age 24, was sentenced to six months in federal prison; and
- Alton Himes, age 25, was sentenced to 19 months in federal prison.
According to court documents, on December 2, 2021, in the early morning hours, Jones, and his three co-defendants, approached an automated teller machine (ATM) belonging to Dakotaland Federal Credit Union located in Madison, South Dakota. One of the vehicles that Jones and his co-defendants were driving at that time was a stolen Ford F-350 pickup truck. The truck was stolen from a parking lot located on the campus of South Dakota State University in Brookings, South Dakota.
Jones and his co-defendants used the stolen truck and towing equipment, including straps and J-hooks, to physically break into the ATM and remove three cash boxes. After forcefully removing the boxes, Jones and his co-defendants stole the boxes and fled the area in the stolen pickup truck. They then traveled across state lines with the stolen cash.
The ATM was destroyed in the process of the larceny and was deemed a total loss, costing over $30,000 to replace. The total amount of cash stolen was $32,300, and it belonged to Dakotaland Federal Credit Union.
Jones’s co-defendants – Kytorrion Young, Alton Himes, and Kendrick Kennedy – knowingly participated with Jones in carrying out bank larceny.
This case was investigated by FBI. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Jones was immediately remanded to the custody of the U.S. Marshals Service.
Former Raleigh County Housing Director Sentenced for Federal Fraud CrimeRead the Press Release
BECKLEY, W.Va. – Laquenta Lowe, 46, of Beckley, was sentenced today to five years of federal probation and ordered to pay $8,954.76 in restitution for conversion of public money exceeding $1,000. Lowe admitted to stealing at least $7,978.91 in federal funds while employed by the Raleigh County Housing Authority (RCHA).
According to court documents and statements made in court, Lowe was chief financial officer and accountant for the RCHA from July 1, 2018 through May 31, 2019. Lowe was executive director of the RCHA from June 1, 2019, through April 30, 2021. During this time, RCHA administered programs that used federal funds including the Section 8 income-based rent subsidy program. RCHA kept the federal funds it received from the United States Department and Urban Development (HUD) in RCHA’s primary operating account at a West Virginia bank.
Lowe used her positions at RCHA to steal at least $7,978.91 in federal funds that HUD had disbursed to RCHA and knowingly converted the funds to her personal use and without authorization. Lowe admitted to receiving at least $6,728.82 of that amount in overtime compensation that she should not have received. Lowe further admitted to receiving at least $660.68 in travel-related expenses reimbursements that she should not have received for RCHA-related travel. Lowe also admitted to using a RCHA credit card issued to her to purchase a $199.99 smart watch for her personal use and without authorization.
“Laquenta Lowe abused a position of trust and stole from a program that provides critical services to some of our most vulnerable citizens,” said United States Attorney Will Thompson. “Our office is committed to prosecuting fraud of this nature to the fullest extent possible.”
Thompson made the announcement and commended the investigative work of the United States Department of Housing and Urban Development-Office of Inspector General (HUD OIG), the Federal Bureau of Investigation (FBI), and the West Virginia State Auditor’s Office (WVSAO) Public Integrity and Fraud Unit (PIFU).
"HUD OIG is committed to protecting the integrity of federal housing programs and bringing justice to those who abuse HUD programs for personal gain," said Special Agent in Charge Shawn Rice with the U.S. Department of Housing and Urban Development, Office of Inspector General. "We will continue to work with our law enforcement partners to investigate and hold accountable bad actors and protect the programs that HUD beneficiaries rely on."
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Ryan Blackwell and Kristin Scott prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-7.
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Former Postal Employee Admits to Collecting Federal Worker’s Compensation Benefits While Also Working on Electric Scooters in Downtown St. LouisRead the Press Release
BENTON, Ill. – In a U.S. District courtroom Thursday, a former U.S. Postal Service carrier technician admitted to federal charges of making false statements to continue receiving worker’s compensation benefits while he was also working to service electric scooters in downtown St. Louis.
Torre C. Dilworth, 52, of Belleville, Illinois, pleaded guilty to two counts of making false statements to obtain federal employees’ compensation. For the charges, the maximum penalties are up to five years imprisonment and up to a $250,000 fine per count.
“The Federal Employees’ Compensation Act helps families keep up with their financial obligations when an employee is injured beyond their ability to stay on the job at full capacity,” said U.S. Attorney Rachelle Aud Crowe. “Individuals who choose to make false statements in order to continue to receive benefits will be held in full account of the law.”
“The U.S. Postal Service paid $1.31 billion in workers’ compensation costs in fiscal year 2022. The majority of postal employees who collect compensation benefits have legitimate claims due to on-the-job injuries and are truly unable to perform any postal jobs. However, a small percent abuse the system and cost the Postal Service millions of dollars in fraudulent claims and enforcement costs,” said Special Agent-in-Charge Scott Pierce, Central Area Field Office, U.S. Postal Service Office of Inspector General. “This guilty plea sends a clear message that workers’ compensation fraud is a federal crime, which carries serious consequences. The USPS OIG and the U.S. Attorney’s Office remain committed to safeguarding the integrity of the workers’ compensation program and ensuring the accountability and integrity of U.S. Postal Service employees.”
According to court documents, Dilworth was injured on the job while working as a carrier technician for the U.S. Postal Service in November 2014. As a result of his injury, he received worker’s compensation benefits under the Federal Employees’ Compensation Act, which is administered by the Department of Labor’s Office of Workers’ Compensation Programs.
To manage the FECA program, OWCP requires recipients to submit forms to disclose other employment or business ventures. OWCP uses the forms to periodically determine whether the recipient’s benefits should be reduced based upon increased wage-earning capacity.
From at least July 2019 until at least February 2023, Dilworth performed work for Bird Rides, a company that provides electric scooters for rent in downtown St. Louis, Missouri. During this same time period, Dilworth created a business enterprise known as “Electric Eagle” through which he serviced Bird Ride’s scooters. Through the work he performed for Bird Rides, Dilworth earned more than $220,000. On the forms that he submitted to the OWCP, Dilworth falsely stated that he had not performed any work, nor was he involved in any business enterprises, within the past 15 months.
Dilworth’s sentencing is scheduled for 1:30 p.m. on Dec. 6, 2023. The U.S. Postal Service Office of the Inspector General is conducting the investigation, and Assistant U.S. Attorney Scott Verseman is prosecuting the case.
Former Phoenix Resident Sentenced to Prison for Producing Child Pornography Involving Three MinorsRead the Press Release
PHOENIX, Ariz. – Michael Martinez, 28, of Fort Worth, Texas, but formerly of Phoenix, Arizona, was sentenced Monday by United States District Judge Diane J. Humetewa to 40 years in prison. Martinez pleaded guilty on March 8, 2023, to three counts of Producing Child Pornography, involving three minors, ages 7, 5, and 3. When Martinez is released from prison, he will be on supervised release for the remainder of his life.
In 2016, when Martinez was 22 years old, he lived in Phoenix, Arizona, in a house with Child Doe 1 (age 7). As an acquaintance of Child Doe 1’s mother, Martinez had access to Child Doe 1 and took sexually explicit pictures and videos of the minor in January 2016. Later in 2016, Martinez moved residences and lived with Child Doe 2 (age 5) and Child Doe 3 (age 3), because he was a roommate of the minors’ mother. In this house, Martinez acted as a babysitter where he had access to the minors and took sexually explicit pictures and videos of both of them in November 2016. Further, Martinez admitted engaging in sex acts with the three minors. In 2022, Martinez was arrested in Texas where he had moved in 2017 after these events.
“The pain and harm caused to these victims is irreparable,” said Gary Restaino, United States Attorney for the District of Arizona. “The court’s sentence sends a strong message of deterrence to those who seek to hurt children.”
“Children deserve to feel and be safe in their homes,” said Myron T. Byrd, acting Special Agent in Charge of the FBI’s Phoenix field office. “Today’s sentencing should bring some closure to the families knowing this predator will be in federal prison for a very long time. I want to thank the members of the FBI Phoenix Crimes Against Children Squad for their work on this case and their commitment to protecting our children to ensure justice is served for them,” Byrd added.
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, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The case was investigated by the Phoenix Police Department and the Federal Bureau of Investigation (Phoenix Division, Dallas Division, and FBI Headquarters). Assistant U.S. Attorneys Gayle L. Helart and Brett A. Day, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-22-00272-PHX-DJH
RELEASE NUMBER: 2023-129_Martinez# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Former Marine Arrested for Stealing More than $344,000 in Government Benefits and Submitting False Purple Heart Application to the United States Marine Corps Through His Local CongressmanRead the Press Release
BOSTON – A former United States Marine has been indicted by a federal grand jury in Springfield, Mass. for allegedly stealing benefit payments from the Department of Veterans Affairs and submitting a false Purple Heart application to the United States Marine Corps through his local Congressman.
Paul John Herbert, 52, of Shelburne Falls, Mass., was indicted on one count of theft of government money and one count of making false statements. Herbert was arrested this morning and was released on conditions following an initial appearance today in federal court in Springfield, Mass.
“Mr. Herbert’s alleged conduct is an affront to every veteran who has sacrificed to earn the honor of a Purple Heart and who is deserving of disability benefits. According to the indictment, he not only stole tens of thousands of dollars in disability benefits that are supposed to be used to help veterans in need, but he also falsely claimed to have suffered a traumatic brain injury during his deployment in an effort to receive a Purple Heart he didn’t deserve,” said United States Attorney Joshua S. Levy. “Every day, thousands of brave members of the military selflessly risk their lives to protect our country. Stealing from our country’s veterans or claiming valor where there is none is an insult to the honorable service members who sacrifice for our safety.”
“The VA Office of Inspector General remains committed to ensuring that VA benefits are administered to deserving recipients based on legitimate accounts of their military service,” said Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs Office of Inspector General (VA OIG) Northeast Field Office. “The VA OIG thanks our partners at the Defense Criminal Investigative Service and the U.S. Attorney’s Office for their efforts in this joint investigation.”
“Individuals who steal veterans disability benefits and falsely represent themselves as decorated veterans of the U.S. Armed Forces degrade the service of the men and women who selflessly serve our country,” said Patrick J. Hegarty, Special Agent in Charge of the U.S. Department of Defense, Defense Criminal Investigative Service (DCIS), Northeast Field Office, the law enforcement component of the Department of Defense Office of Inspector General. “Today's charges demonstrate our commitment to work with the U.S. Department of Veterans Affairs Office of Inspector General and the Department of Justice to investigate allegations of stolen military benefits.”
According to the indictment, from Jan. 1, 2010 to March 11, 2023, Herbert stole more than $344,000 in veterans disability benefits. In addition, on Oct. 24, 2018, Herbert allegedly submitted an application for a Purple Heart award to the United States Marine Corps through his local Congressman, in which Herbert falsely stated that he had suffered injuries, including traumatic brain injury, from a roadside explosion while deployed to Northern Iraq.
The charge of theft of government money provides for a sentence of up to 10 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 charge of making a false statement provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting U.S. Attorney Levy, VA-OIG SAC Algieri and DCIS SAC Hegarty made the announcement today. Assistant U.S. Attorney Steven H. Breslow of the Springfield Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Church Pastor Sentenced to Two Years in Prison for Committing Pandemic Loan FraudRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Rooldy Alexandre, 54, of Willingboro, NJ, was sentenced to 24 months of incarceration, three years of supervised release, and restitution in the amount of $662,454 by United States District Judge Gerald J. Pappert for committing pandemic loan fraud in the name of the church for which he served as a pastor and on behalf of other members of the church.
The defendant was charged with, and pleaded guilty to, two counts of wire fraud in connection with his submission of false applications for U.S. Small Business Administration pandemic loans that are also known as Paycheck Protection Program (“PPP”) loans. While he served as the pastor and only employee of a Philadelphia church, the defendant was responsible for the church’s finances and controlled the church’s bank accounts. After the COVID-19 pandemic began, he first applied for a PPP loan using accurate information for the church but was not satisfied with the amount of the loan offered. He then reached out to a person in Florida who had prepared false PPP applications for others and asked that person to help him prepare a new PPP application for the church. The Florida consultant submitted false information about the church in the new application, and based on that false information, the church received an inflated loan of over $260,000. The defendant took a significant portion of the fraudulent loan proceeds for himself. He later submitted a false second-draw PPP loan application on behalf of the church and worked with his sister, Christella Dorval, charged elsewhere, to divert proceeds of the $250,000 loan to himself for personal use.
The defendant also offered to help other members of the church to apply for PPP loans. On behalf of two other members, he submitted loan applications, but he falsified information about the applicants. The defendant lied to the applicants and claimed that a fake Florida consultant had prepared their applications, and that they owed him 25% of any loan proceeds. When the applicants received the inflated loan proceeds based on the information falsely submitted by the defendant, they paid the 25% “consultant” fee, but unbeknownst to them the defendant again worked with his sister, Dorval, to divert their payments to himself for his own personal use.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Nancy E. Potts.
Florida Men Indicted for Possession with Intent to Distribute Fentanyl, Methamphetamine, and CocaineRead the Press Release
Tampa, FL - United States Attorney Roger B. Handberg announces the return of an indictment charging Emmanuel Dourthe (24, Deltona) and Brendan Wells (27, Tampa) with conspiracy to possess with the intent to distribute controlled substances, possession with the intent to distribute controlled substances, and possession of a firearm in furtherance of a drug trafficking crime. For each of the controlled substance charges, if convicted, each faces a minimum mandatory penalty of 10 years, and up to life, in federal prison. If convicted of the firearm offense, each faces a minimum mandatory of 5 years, and up to life, in federal prison to be served consecutive to any other sentence imposed.
According to the indictment, between February 6 and 14, 2023, Dourthe and Wells conspired with others to possess with the intent to distribute 500 grams or more of a mixture containing methamphetamine, 40 grams or more or a mixture containing fentanyl, and a mixture containing cocaine. The indictment further alleges that Dourthe and Wells possessed these substances with the intent to distribute them. Dourthe and Wells possessed a firearm during their commission of their drug offenses.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation, the Hillsborough County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Volusia County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Samantha Newman. The forfeiture is being handled by Assistant United States Attorney Suzanne Nebesky.
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.
Florida Couple Sentenced for Sending Threatening Communications to Law Enforcement and Others in Northern OhioRead the Press Release
CLEVELAND – Akil Larry Joseph, 32, and Alexa Marie Logan, 31, both of Homestead, Florida, were each sentenced on Tuesday, August 29, 2023, by U.S. District Court Judge Donald C. Nugent to 46 months in prison after pleading guilty to four counts of cyberstalking and one count of interstate communications with intent to extort.
According to court documents, from November 2021 to July 2022, Joseph and Logan sent numerous threatening communications, via email and telephone, to multiple victims in the Northern District of Ohio, including an FBI agent, with the intent to obtain money from the victims. Over the course of an approximately two-year period, multiple communications sent by the couple, primarily via email, came to contain increasingly harassing and aggressive language, rhetoric, and tone.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorneys Christopher J. Joyce and Peter E. Daly.
Federal Grand Jury Indicts New Orleans Man for Drug and Gun OffensesRead the Press Release
NEW ORLEANS, LOUISIANA – DAVID SCOTT, age 19, a resident of New Orleans, Louisiana, was charged on August 24, 2023 in a previously sealed two-count indictment, announced U.S. Attorney Duane A. Evans. Count 1 charged SCOTT with possession with intent to distribute tapentadol, pursuant to Title 21 United States Code Sections 841(a)(1) and 841(b)(1)(C). Count 2 charged SCOTT with possession of a firearm in furtherance of a drug trafficking crime, pursuant to Title 18 United States Code Section 924(c).
If convicted of Count 1, SCOTT faces a maximum term of imprisonment of 20 years, up to a $1,000,000 fine, at least 3 years of supervised release, and a mandatory special assessment fee of $100. If convicted of Count 2, SCOTT faces a mandatory minimum sentence of five years up to life imprisonment, to run consecutively to all other sentences, up to a $250,000 fine, up to five years of supervised release, and a mandatory special assessment fee of $100.
U.S. Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Federal Bureau of Investigation and the New Orleans Police Department. Assistant United States Attorney Sarah Dawkins of the Violent Crime Unit is in charge of the prosecution.
Federal Court Permanently Enjoins Tax Return Preparer in Texas and Orders Disgorgement of Tax Prep FeesRead the Press Release
A federal court in the Southern District of Texas has permanently enjoined a Galveston-area tax return preparer from preparing federal tax returns for others and, among other things, from owning, operating or franchising any tax return preparation business in the future.
The amended complaint alleged that Johnathan Perry, individually and dba X-Pert Taxes and JOHNATHAN PERRY, prepared over 4,000 federal income tax returns during the 2017-2022 filing seasons. According to the amended complaint, in a substantial number of these tax returns, the defendants significantly overstated the customers’ tax refunds by claiming fictitious employee business expenses, fabricating household help income, fabricating or inflating business losses and/or claiming education credits or fuel excise tax credits to which customers were not entitled.
The terms of the injunction order require that Perry disgorge $324,432 to the United States in tax preparation fees. The order further requires that Perry send notice of the injunction to each person for whom Mr. Perry, X-Pert Taxes or JOHNATHAN PERRY prepared federal tax returns. The order also requires Mr. Perry to post the injunction in all locations where he conducts business and on all social media accounts and websites used to advertise the tax preparation services.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers as return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams. The IRS offers tips on how to accurately file returns and how to choose a tax return preparer, as well as steps taxpayers can take to get a jumpstart on filing. The IRS has launched a free directory of federal tax preparers and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers.
In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $73,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found here.
Former High School Coach Pleads Guilty to 20-Count Child Sexual Exploitation IndictmentRead the Press Release
St. Thomas, VI – United States Attorney Delia L. Smith announced today that Alfredo Bruce Smith, 53, of St. Thomas, pleaded guilty before U.S. District Court Magistrate Judge Ruth Miller to all counts of a federal indictment charging both federal and territorial child sexual exploitation offenses. At sentencing, Smith faces a maximum sentence of 35 years imprisonment and a minimum sentence of 30 years imprisonment. Smith also faces a maximum fine of $250,000.00, and a lifetime of supervised release.
According to court documents, Smith was employed as a Hall Monitor and Track and Field Coach at the Charlotte Amalie High School (“CAHS”) from 2006 to 2021. During his tenure, Smith sexually abused and exploited numerous minor male students that were attending CAHS. The sexual abuse was revealed in March 2019 after a minor male student reported that Smith sexual assaulted him while he attended a track and field competition in Puerto Rico. Also revealed in the report were names of other minor male students sexually assaulted by Smith. Thereafter, several of the minor male victims confirmed that Smith sexually assaulted them while they were students attending CAHS. The minor male victims stated that Smith engaged them in sexual intercourse and sodomy both on and off CAHS’ campus. Smith also showed the minor male victims pornographic images and videos of other minor male students which were stored in Smith’s cellular phone.
On August 11, 2021, federal agents executed a search warrant on Smith’s Google and Facebook accounts which revealed a large quantity of sexually explicit materials depicting numerous identifiable minors engaged in sexual activities with Smith. On September 1, 2021, Smith was arrested, and additional search warrants were executed on his home and on areas of the CAHS campus that were identified from images stored in Smith’s cell phone. From the search, federal agents seized Smith’s laptop, a camcorder and five cellular phones which contained an even larger quantity of pornographic images of minor male victims.
The investigation further revealed that Smith engaged in a myriad of sexual acts with each male minor victim. Smith used his position as Hall Monitor and Track Coach to entice minor male students to engage in anal and oral sexual intercourse in classrooms and offices on CAHS’ campus during and after school hours. Smith also used CAHS’ school van to transport minor male students to various beaches in St. Thomas where Smith engaged in anal and oral sexual intercourse with the minor male students. Smith used his cellular phones and a CAHS camcorder to record his sexual abuse of the minor male victims.
This case was investigated by Homeland Security Investigations and is being prosecuted by Assistant United States Attorneys Everard E. Potter and Natasha Baker.
East Haven Man Sentenced to Prison for Manufacturing and Selling GunsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that GIOVANNI DONOFRIO, 22, of East Haven, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to six months of imprisonment, followed by three years of supervised release, for manufacturing and selling firearms without a license.
According to court documents and statements made in court, on December 8, 2021, New Haven Police stopped a vehicle that was known to have been involved in a shots-fired incident. Inside the vehicle officers found three firearms, two of which were privately-made Polymer80 semi-automatic pistols (“ghost guns”) with Glock slides. A trace of the serial numbers on the Glock slides revealed that Donofrio had purchased them in November 2021. A subsequent court-authorized search of Donofrio’s residence revealed gun-making equipment, including a power drill and bits, multiple Polymer80 jigs, empty packaging for 50 round 9mm drums, multiple slides, an AR15 Carbine Buffer Kit, and other items. In addition, a search of Donofrio’s phone revealed numerous text messages indicating that Donofrio was manufacturing and selling firearms.
The investigation also revealed that between November 25 and December 5, 2021, the two ghost guns manufactured by Donofrio that were recovered during the car stop had been used in six shooting incidents where at least four houses were struck by gunfire. Witnesses to some of the shooting incidents reported a vehicle chase with occupants shooting at each other.
Donofrio was arrested on October 31, 2022. On June 12, 2023, he pleaded guilty to engaging in the business of dealing in firearms without a license, and admitted that he built and sold at least five firearms.
Donofrio, who is released on bond, is required to report to prison on October 3.
This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the New Haven and East Haven Police Departments.
This case was prosecuted by Assistant U.S. Attorneys Brendan J. Keefe and Lauren C. Clark through Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Drug Trafficker Sentenced to 14 Years in Federal Prison for Dealing Drugs While on Bond for State Dealing ChargesRead the Press Release
INDIANAPOLIS- Jimmie Ray Harris, 42, of Indianapolis, Indiana, has been sentenced to 14 years in federal prison after pleading guilty to possession with intent to distribute controlled substances.
According to court documents, on September 8, 2021, Federal Bureau of Investigation agents arrested Jimmie Ray Harris after he led IMPD officers on a vehicle pursuit. During the chase, Harris threw 907.18 grams of cocaine, 28 grams of methamphetamine and 28 grams of heroin from his vehicle. Harris also had $22,147.50 in cash on his person and in his vehicle at time of arrest. He was charged in Marion County, Indiana with three felonies for dealing in cocaine, methamphetamine, and a narcotic drug, and was placed in custody at the Marion County Jail.
The next day, Harris made an outgoing phone call from jail to another person asking about the drugs and money remaining in his home and discussing efforts to “clean up” the house. Harris asked about customers coming to the house to pay drug debts, and directed the other person to keep track of who owes him money for drugs. Harris told the other person not to worry about the police searching the residence because he gave them the wrong address.
On September 10, 2021, Harris posted an $80,000-surety bond and was released from jail. On September 13, 2021, officers obtained a search warrant for the home Harris referenced on the jail call. During a search of the residence, officers located a total of nearly 5 pounds of methamphetamine hidden throughout the house, including on top of the dryer in the laundry room, in a desk drawer, in a DeWalt floor vacuum and a DeWalt bag, in a bedroom closet, and inside of a purse. The search also uncovered a glass meth pipe with burn marks, a loaded 9mm magazine, and $13,909 in cash. A young child was living with Harris in the home at the time of the search. Harris admitted he possessed the methamphetamine in his home with the intent to distribute it to others.
U.S. Attorney for the Southern District of Indiana, Zachary A. Myers, Herbert J. Stapleton, Special Agent in Charge of the FBI’s Indianapolis Field Office, Michael Gannon, Assistant Special Agent in Charge of the DEA’s Indianapolis Field Office, and Indianapolis Metropolitan Police Department Chief Randal Taylor made the announcement.
“This defendant was determined to keep making money pushing poison into our neighborhoods even while he was in jail for dealing drugs,” said U.S. Attorney for the Southern District of Indiana, Zachary A. Myers. “The serious federal prison sentence imposed here demonstrates that there are serious consequences for fueling the devastation that deadly drugs cause in our communities.”
The FBI, IMPD, DEA, and Indiana Crime Guns Task Force investigated the case. The sentence was imposed by U.S. District Court Judge, Matthew P. Brookman. Judge Brookman also ordered that Harris be supervised by the U.S. Probation Office for 5 years following his release from federal prison.
U.S. Attorney Myers thanked Assistant United States Attorney Peter A. Blackett, who prosecuted this case.
This case was brought as part of the Indiana Crime Guns Task Force (ICGTF). ICGTF is a partnership of law enforcement officers and analysts from several central Indiana law enforcement agencies in Boone, Hamilton, Hancock, Hendricks, Marion, Morgan, Johnson, and Shelby counties. In cooperation with state, local, and federal partners, ICGTF collaborates to address violent crime through a comprehensive strategy including innovative approaches to locating suspects and evidence related to violent crimes and illegal possession of firearms.
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Dow Chemical Co. to Pay $456,000 for Former Subsidiary’s Alleged Violations of the Federal False Claims Act and Minnesota False Claims Act for Falsifying Test Results for Road Construction MaterialsRead the Press Release
MINNEAPOLIS – United States Attorney Andrew M. Luger today announced that DOW CHEMICAL CO. has agreed to pay $456,665.42 for alleged violations by its former subsidiary, POLY CARB, INC., of the federal False Claims Act and the Minnesota False Claims Act, by falsifying testing results in connection with several road construction projects administered by the Minnesota Department of Transportation, many of which were federally funded.
According to the allegations, between 2012 and 2015, POLY CARB, INC. provided enamel paint products for several road construction projects, many of which were federally funded, throughout the State of Minnesota. All such projects are required, by law and contract, to be performed in accordance with detailed terms and specifications using only approved materials subject to a rigorous testing and certification process. The government contends POLY CARB, INC. failed to follow contract specifications and applicable rules by fabricating test results and forging signatures and documentation for its enamel products, thus making materially false claims and statements in connection with its purported testing. The proceeds of the settlement will be divided by the federal and state governments according to the original funding of the projects.
“Submitting forged and fabricated documents to the government is never acceptable,” said U.S. Attorney Andrew M. Luger. “In coordination with our State partners, we will continue using the False Claims Act to address fraudulent conduct by government contractors, subcontractors, and suppliers.”
“Resolving this civil case advances our efforts to keep federally funded transportation projects free from fraud, waste, and abuse,” said Andrea M. Kropf, Special Agent-in-Charge, Midwestern Region, U.S. Department of Transportation Office of Inspector General. “When improper activities like this come to our attention we will work with our federal, state, and prosecutorial partners to investigate and hold those involved accountable.”
This case was jointly investigated by the Office of Inspector General of the U.S. Department of Transportation and the Minnesota Department of Transportation, and handled by the Affirmative Civil Enforcement unit of the U.S. Attorney’s Office for the District of Minnesota, as well as the Minnesota Attorney General’s Office.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Defendant Pleads Guilty to Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – CHRISTIAN BICKHAM, age 59, of Slidell, pleaded guilty on August 31, 2023 before the Honorable Sarah S. Vance to charges of violating the Federal Controlled Substances Act, announced U.S. Attorney Duane A. Evans.
According to the court records, through the investigation, BICKHAM was captured discussing the purchase of two kilograms of cocaine. Federal agents observed BICKHAM arrive at a house in New Orleans to pick up the drugs. A few days later, agents stopped BICKHAM with $60,000 in cash, which he was going to use to pay for the two kilograms he had gotten earlier.
Sentencing is scheduled for December 6, 2023. BICKHAM faces a term of imprisonment of at least five years up to forty years, a fine of up to $5,000,000, at least four years of supervised release following any term of imprisonment, and a mandatory $100 special assessment fee.
This case was investigated by Special Agents of the Drug Enforcement Administration (DEA). The prosecution is being handled by Assistant United States Attorney David Haller of the Violent Crime Unit.
Colorado Man Sentenced to 24 Months for Drug Smuggling and Money Laundering OffensesRead the Press Release
GRAND RAPIDS, MICHIGAN —U.S. Attorney for the Western District of Michigan Mark Totten announced that Colorado resident Brendon Gagne, 27, was sentenced to serve 24 months in prison for conspiring to smuggle unapproved, misbranded prescription drugs into the United States and conspiring to launder the proceeds of that smuggling.
U.S. District Judge Robert J. Jonker also ordered Gagne to pay a money judgment of $219,793.98, representing the monies traceable to the smuggling conspiracy, and a fine of $2,000. Upon release from prison, Gagne will be on supervised release for a period of three years.
“Smuggling illegal prescription drugs into the United States and distributing them to customers without a prescription is dangerous and potentially deadly,” said U.S. Attorney Mark Totten. “There is a reason these drugs should only be prescribed by a licensed medical professional. Here, the conspirators operated a vast network distributing these drugs throughout the country, including here in West Michigan. My office is committed to bringing the people who peddle drugs to justice. Today’s sentence of Mr. Gagne is a vital step in ensuring the continued safety of the communities we serve.”
The facts presented to the court during the case were that, in 2018, Gagne established www.ExpressPCT.com, a public website that sold unapproved, misbranded prescription drugs and controlled substances to customers without a prescription. The drugs, marketed largely to individuals in the body-building community, were targeted to counteract the side effect of anabolic steroid use. For years, Gagne recruited and worked with others to import the drugs into the United States illegally. The drug packages did not declare their illicit contents and instead took steps to conceal their true nature. For example, conspirators frequently concealed the drugs inside cosmetic boxes and declared on customs forms that the drugs were, instead, “cosmetics” or “gifts.” Customers paid for the drugs either in cryptocurrency or, later, through a payment processing system designed to conceal the amount of money generated by the website and the amount of income earned by Gagne and others. Gagne and the website’s other owners ultimately earned millions of dollars from the scheme, most of which they received in cryptocurrency and then shipped to accounts overseas to avoid law enforcement detection.
“Today’s sentencing of Mr. Gagne is another example of the commitment the U.S. Postal Inspection Service and our law enforcement partners have to identifying, disrupting, and arresting those individuals who attempt to distribute illicit drugs, and in this case foreign unapproved drugs, through the U.S. Mail,” said Rodney Hopkins, Inspector in Charge of the U.S. Postal Inspection Service’s Detroit Division. “We will continue to pursue those drug traffickers who distribute potentially dangerous, foreign unapproved prescription drugs and attempt to exploit the distribution channels of the United States Postal Service. I’d like to thank the U.S. Food and Drug Administration’s Office of Criminal Investigations, the Michigan State Police, and the U.S. Attorney’s Office for the Western District of Michigan for their persistence and dedication in this investigation.”
"Prescription drugs that are smuggled from overseas and are outside the secure supply chain can present a serious health risk to those who use them. The drugs may contain unknown or dangerous ingredients and are manufactured under unknown or unregulated conditions,” said Special Agent in Charge Ronne G. Malham, FDA Office of Criminal Investigations Chicago Field Office. “We will continue to investigate and bring to justice those who traffic in illegal prescription drugs.”
In sentencing Gagne, Judge Jonker noted the serious nature of the crime and the sophisticated nature of the smuggling conspiracy, commenting that he had no doubt that Gagne was a driving force behind the website.
Gagne is one of ten defendants who were involved in the scheme to import illegal drugs into the United States. As the creator of the website, Gagne served as a leader in the conspiracy, which Judge Jonker cited as a basis to increase Gagne’s prison sentence. Other defendants sentenced in the scheme include the following:
Name
Hometown
Sentence
James Funaro
Atlanta, GA
15 months in prison
Jeremy Walenty
Tampa, FL
3 years of probation
Taylor McLaren
Colorado Springs, CO
2 years of probation
Joshua Ford
Troy, MI
2 years of probation
Phillip Leonowens
Boulder, CO
2 years of probation
Ross Lucien
Longmont, CO
2 years of probation
Taylor McLaughlin
Muskegon, MI
2 years of probation
Mikaela Hall
Muskegon, MI
2 years of probation
The final defendant in the scheme, Jennifer Garrett of Miami, Florida, is scheduled to plead guilty in the coming weeks.
This case was investigated by the United States Postal Inspection Service, the Food and Drug Administration’s Office of Criminal Investigations, and the Michigan State Police. Assistant United States Attorney Stephanie M. Carowan prosecuted the case for the government.
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Clay County Convicted Felon Pleads Guilty to Drug and Firearm ChargesRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Edward Sherwood Gustafson, IV (30, Green Cove Springs) has pleaded guilty to possessing with the intent to distribute 5 grams or more of methamphetamine and possessing a firearm and ammunition as a convicted felon. Gustafson faces a minimum mandatory term of 5 years, and up to 40 years, in federal prison on the drug charge and up to 15 years in federal prison on the firearm and ammunition charge. Gustafson also agreed to forfeit a Smith and Wesson pistol and 15 rounds of ammunition traceable to the firearm offense. Gustafson was arrested on May 9, 2023, and ordered detained. A sentencing date has not yet been set.
According to court documents, on January 21, 2023, members of the Clay County Sheriff’s Office (CCSO) were looking for Gustafson based on an active felony arrest warrant for him. A CCSO deputy observed Gustafson driving and initiated a traffic stop. Upon stopping, Gustafson immediately got out of his truck and a struggle ensued between him and the deputy. The deputy eventually handcuffed and arrested Gustafson on the felony arrest warrant. During a subsequent search of Gustafson’s truck, law enforcement located a loaded Smith and Wesson pistol. Underneath the truck’s hood, a travel bag was zip-tied to the engine bay area which contained cocaine, methamphetamine, a scale for weighing drugs, approximately 50 small baggies, and numerous pills. Further investigation determined that the total weight of the methamphetamine was approximately 22 grams and that Gustafson had seven prior felony convictions to include felony domestic battery, fleeing and eluding law enforcement, and shooting a deadly missile. As a convicted felon, Gustafson is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Clay County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives – Jacksonville Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein. The forfeiture is being handled by Assistant United States Attorney Mai Tran.
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.
Career Offender Sentenced to 9 Years for Fentanyl Trafficking in Waterville AreaRead the Press Release
BANGOR, Maine: A Waterville man was sentenced today in U.S. District Court in Bangor for possessing fentanyl with intent to distribute.
U.S. District Judge John A. Woodcock, Jr. sentenced Patrick Hanson, 32, to 110 months in prison followed by six years of supervised release. Hanson pleaded guilty on November 3, 2022.
According to court records, in October 2021, officers with the Waterville Police Department arrested Hanson after receiving information that he had threatened another individual. After his arrest, Hanson was found to have a total of seven packages of suspected narcotics on his person or in his immediate possession, including one package that he had kicked under a door while at the police station. In total, police seized approximately 43 grams of a mixture containing fentanyl. Just 2 mg of fentanyl is considered a lethal dose. Hanson was convicted in 2013 for conspiracy to distribute and possess with the intent to distribute oxycodone and 500 grams or more of cocaine. Judge Woodcock found him to be a career offender under the federal sentencing guidelines, which subjected him to a higher advisory guideline sentence.
The Waterville Police Department, U.S. Drug Enforcement Administration, Maine Drug Enforcement Agency, and Kennebec County Sheriff’s Office investigated the case. The Kennebec County District Attorney’s Office also assisted with the case.
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Bridgeport Drug Trafficker Sentenced to 15 Years in Federal PrisonRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that KEVIN JONES II, also known as “Ox” and “Scott,” 31, of Bridgeport, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 180 months of imprisonment, followed by five years of supervised release, for heading a Bridgeport narcotics trafficking organization.
According to court documents and statements made in court, in the summer of 2017, members of the FBI’s Bridgeport Safe Streets Task Force and Bridgeport Police Department began investigating individuals who were distributing narcotics in and around Bridgeport. The investigation, which included the use of court-authorized wiretaps and controlled purchases of narcotics, revealed that Jones headed a Bridgeport-based drug trafficking network that distributed heroin, cocaine, crack cocaine, fentanyl, and other opioids.
The investigation resulted in federal charges against Jones, and 18 other defendants, and the seizure of narcotics, eight firearms, and more than $360,000 in cash.
Jones has been detained since his arrest on November 6, 2018. He pleaded guilty on June 17, 2021.
This matter was investigated by the FBI’s Bridgeport Safe Streets Task Force and the Bridgeport Police Department, as well as the Drug Enforcement Administration, Connecticut State Police, and the Stratford, Norwalk, Seymour and Trumbull Police Departments.
The case was prosecuted by Assistant U.S. Attorneys Karen L. Peck and Patrick J. Doherty through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Boston Man Pleads Guilty to Role in International Money Laundering ConspiracyRead the Press Release
BOSTON – A Boston man pleaded guilty yesterday to his involvement in a sophisticated international money laundering and drug trafficking organization.
Mariano Santana, 57, pleaded guilty to conspiracy to commit money laundering. U.S. District Judge Angel Kelley scheduled sentencing for Nov. 30, 2023.
In May 2023, Santana was among 12 individuals from Massachusetts, Rhode Island, New York and California charged in a superseding indictment for their alleged involvement in a sophisticated international money laundering and drug trafficking organization allegedly led by Jin Hua Zhang.
According to the charging documents, Zhang allegedly laundered bulk cash for drug dealers and laundered profits from other illegal businesses for a fee. It is alleged that, during the investigation, Zhang directed his co-defendant couriers, and others, to deliver to undercover agents hundreds of thousands of dollars in cash and millions of dollars in wire transfers and bank deposits. In total, Zhang and his organization allegedly laundered at least $25 million worth of drug proceeds and funds from other illegal businesses traced to Hong Kong and elsewhere in China, India, Cambodia, and Brazil, among other locations.
Santana was a courier who dropped off drug money to be laundered by the Zhang organization. On two separate occasions in June 2022, Santana delivered bulk cash deliveries of illicit proceeds to a cooperating witness in a Quincy parking lot. Specifically, on June 2, 2022, Santana provided the individual with a bag containing $30,000 in cash. On June 7, 2022, Santana delivered $29,800 in cash,
The charge of money laundering conspiracy provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $500,000, or twice the amount involved, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorneys Christopher Pohl, Brian A. Fogerty and Meghan C. Cleary of the Criminal Division are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boise Man Sentenced to over 5 Years in Federal Prison for Possession of Child PornographyRead the Press Release
BOISE – Travis Borup, 29, of Boise, was sentenced to 63 months in federal prison for possession of child pornography, U.S. Attorney Josh Hurwit announced today.
According to court records, between March 3 and March 12, 2022, the Boise Police Department (BPD) became aware that Borup was making files of child pornography available for sharing via a peer-to-peer network. BPD obtained a federal search warrant for Borup’s residence and, along with members of the Internet Crimes Against Children (ICAC) Task Force, executed the search warrant and interviewed Borup. Borup admitted to using his cellphone to view child pornography for the past several years.
“This case demonstrates that those who possess child pornography in Idaho will be brought to justice,” said U.S. Attorney Josh Hurwit. “I am grateful for the strong partnership my office has with the Boise Police Department and the ICAC Task Force at the Idaho Attorney General’s Office, who every day conduct thorough investigations to find offenders and to protect Idaho’s children.”
“I am grateful for our partnerships with the Attorney General’s ICAC Task Force and the U.S. Attorney’s Office,” said BPD Captain Matt Jones. “This investigation is an outstanding example of the collaborative efforts law enforcement agencies make in order to protect our most vulnerable victims.”
U.S. District Judge Amanda K. Brailsford also sentenced Borup to 7 years of supervised release, which will commence upon completing his prison sentence, and entered an order forfeiting the cellphone that was used to commit the offense. Borup will be required to register as a sex offender as a result of the conviction.
U.S. Attorney Hurwit commended the cooperative efforts of the Boise Police Department and the ICAC Task Force, which led to the charge. Assistant U.S. Attorney Kassandra McGrady prosecuted this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Baton Rouge Man Pleads Guilty to Federal Gun Control Act OffenseRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that on August 29, 2023, that CARLSEL ALEXANDER, age 28, a resident of Baton Rouge, Louisiana, pleaded guilty to a one-count indictment, charging him with possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(8).
ALEXANDER faces a maximum term of imprisonment of up to 15 years, a fine of up to $250,000.00, a period of supervised release up to 3 years, and a mandatory special assessment fee of $100.00.
According to court records, on February 21, 2023, New Orleans Police Department arrested ALEXANDER for being in possession of a stolen FN Model 509, nine-millimeter firearm on a Mardi Gras parade route. ALEXANDER is a convicted felon and is prohibited from possessing a firearm.
The Honorable Susie Morgan, United States District Court Judge, will sentence ALEXANDER on November 30, 2023.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New Orleans Police Department. It is being prosecuted by Assistant United States Attorney Troy Bell of the General Crime Unit.
Bvi Man Charged with Alien SmugglingRead the Press Release
St. Thomas, VI – United States Attorney Delia L. Smith announced today that Shamoy Frett, 22, of Tortola, BVI, was charged with bringing aliens to the United States for private financial gain.
According to court documents, on August 28, 2023, at approximately 9:00 p.m., U.S. Customs and Border Protection Air and Marine Operations agents were patrolling United States when they observed a vessel operated by Frett crossing the international border from the British Virgin Islands into the United States Territory. The vessel did not display any navigational lights as required by law. Agents later observed the vessel travel to Haulover Bay where four individuals exited the vessel and headed up the Haulover Bay trailhead. The vessel then departed Haulover Bay and headed back towards Tortola, BVI. Agents attempted to stop the vessel by activating their blue lights and sirens, but Frett accelerated the vessel and failed to comply. Agents then disabled the vessel forcing it to come to a stop. Frett then jumped overboard and attempted to escape but was arrested a short time later. When questioned by agents, Frett admitted that he was paid $1,000.00 by a man in Tortola to smuggle the four illegal aliens to St. John.
This case is being investigated by Department of Homeland Security, U.S. Customs and Border Protection Air and Marine Operations, and U.S. Border Patrol and prosecuted by Assistant United States Attorney Kyle Payne.
United States Attorney Delia L. Smith reminds the public that a complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Ardmore Predator Gets 30 Years for Coercion and Enticement of a MinorRead the Press Release
TULSA Okla. – An Ardmore man was sentenced yesterday to 30 years for coercion and enticement of a 15-year-old girl, announced U.S. Attorney Clint Johnson.
U.S. District Judge Keith Starrett sentenced Dustin James Gullett, 43, to 30 years in federal prison for coercion and enticement of a minor. Judge Starrett further ordered lifetime post release supervision.
“Dustin Gullett is a sexual predator that convinced the victim he loved her, then persuaded her to produce child porn and meet him. He then drugged her and raped her, said U.S. Attorney Clint Johnson.” Our office is committed to prosecuting the predators that target Oklahoma’s children.
According to court documents, Gullett enticed the 15-year-old victim to produce images of herself engaged in sexually explicit conduct and persuaded her to send those images to him. Gullet told the victim “He didn’t care if she wasn’t legal, because everything else he does is illegal.” Later, Gullet met the victim in person, drugged her, tied her arms behind her back and raped her approximately four times over several hours.
Gullett has been and will remain in the custody of the U.S. Marshal Service pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Bartlesville Police Department and the Joint Homeland Security Task Force investigated the case.
Assistant U.S. Attorney Stacey Todd and Christopher Nassar prosecuted the case.
This case is being prosecuted as part of Project Safe Childhood. 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 www.projectsafechildhood.gov.
15+ Year Prison Sentence for Georgia Man in Dog Fighting, Drug Conspiracy CaseRead the Press Release
MACON, Ga. – A Fort Valley, Georgia, resident involved in two separate drug trafficking organizations and a multi-state dog fighting operation based in Middle Georgia was sentenced to serve more than 15 years in prison today, the final defendant of 21 co-conspirators resulting from two Organized Crime and Drug Enforcement Task Force (OCDETF) investigations.
Armard Davis aka “Black Jack,” 43, of Fort Valley, Georgia, was sentenced to serve 190 months in prison to be followed by four years of supervised release by U.S. District Judge Tilman E. “Tripp” Self III in Case No. 5:21-CR-3 after he previously pleaded guilty to conspiracy to possess with intent to distribute controlled substances and conspiracy to participate in an animal fighting venture. His sentence holds him accountable for his criminal conduct spanning both investigations. Davis and his co-conspirators will not be eligible for parole.
“Coupling armed drug distribution with the cruel abuse of animals makes an already horrible situation even worse; the significant sentences in this case send the message that such conduct is unwelcome in Middle Georgia,” said U.S. Attorney Peter D. Leary. “The tremendous collective effort put forth by many law enforcement agencies helped bring these defendants to justice and shut down a dangerous criminal organization.”
“Dogfighting is a brutal crime often tied with drug trafficking organizations, as seen in this case,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “These crimes destroy lives and place enormous burdens on communities. We appreciate the collaborative and extensive effort shared by federal, state and local law enforcement entities to investigate and prosecute this case.”
“These defendants posed a significant threat to the quality of life in our communities. The dismantling of these criminal organizations makes our communities a safer place today,” said Robert J. Murphy, Special Agent in Charge of the DEA Atlanta Division.
“The barbaric practice of pitting animals against each other in a fight to the death has no place in this country,” said Special Agent in Charge Miles Davis of the United States Department of Agriculture, Office of Inspector General. “The outstanding work of our federal, state and local law enforcement partners who investigated this case and the prosecutors of the U.S. Department of Justice made it possible to bring this individual of a major animal fighting venture to justice. USDA-OIG has made animal fighting a high priority in order to demonstrate that these inhumane acts of cruelty to animals will not be tolerated."
Investigations
According to court documents, law enforcement investigated a criminal organization involved in the distribution of cocaine and methamphetamine and organized dog fighting based out of Roberta, Georgia, which extended into North Georgia, Florida and Alabama from May 2019 until Feb. 2020. In Feb. 2020, law enforcement executed 15 residential search warrants and seized more than 150 dogs that were being used for organized dog-fighting.
Many of the rescued dogs had scarring and visible injuries such as broken legs and open bleeding wounds, all consistent with dog fighting. Agents seized scales, weighted collars, heavy chains, ground stakes, miscellaneous pedigrees and medical supplies to treat injuries the animals sustained from dog fighting activities. In addition, law enforcement recovered firearms and illegal drugs during the course of this extensive investigation. In total, the criminal organizations are being held accountable for the distribution of approximately 20 kilograms of cocaine and 179 grams of methamphetamine.
Ten co-conspirators sentenced in case 5:21-CR-3:
Lekey Davis aka “Kee Boo,” 47, of Talbotton, Georgia, was sentenced to serve 210 months of imprisonment to be followed by four years of supervised release after pleading guilty to conspiracy to possess with intent to distribute cocaine and cocaine base;
Christopher Raines aka “Binky,” 52, of Talbotton, was sentenced to serve 135 months of imprisonment to be followed by five years of supervised release and pay a $10,000 fine after pleading guilty to conspiracy to participate in an animal fighting venture and conspiracy to possess with intent to distribute cocaine and cocaine base;
Jarvis Lockett aka “J-Rock,” 43, of Warner Robins, Georgia, was sentenced to serve 120 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture and cocaine distribution;
Derrick Owens aka “Doomie,” 39, of Woodland, Georgia, was sentenced to serve 120 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture and conspiracy to possess with intent to distribute cocaine;
Jason Carter, 41, of Phoenix City, Alabama, was sentenced to serve 97 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to possess with intent to distribute cocaine;
Vernon Vegas, 51, of Suwanee, Georgia, was sentenced to serve the maximum 60 months in prison to be followed by three years of supervised release and pay a $10,000 fine after pleading guilty to conspiracy to participate in an animal fighting venture;
Shaquille Bentley, 29, of Roberta, Georgia, was sentenced to serve 48 months of imprisonment to be followed by three years of supervised release after pleading guilty to use of a communication facility;
Shelley Johnson aka “Gold Mouth,” 41, of Macon, was sentenced to serve 37 months of imprisonment to be followed by three years of supervised release and a $25,000 fine after pleading guilty to conspiracy to participate in an animal fighting venture;
Rodrick Walton aka “Rodrie Walton,” 43, of Shiloh, Georgia, was sentenced to serve 24 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture; and
Bryanna Holmes, 27, of Fort Valley, Georgia, was sentenced to serve 36 months of probation after pleading guilty to use of a communication facility.
Eight co-conspirators also sentenced in related case 5:21-CR-3:
Antoine Riley aka “Bear,” 46, of Warner Robins, was sentenced as a career offender to serve 180 months in prison to be followed by three years of supervised release to run consecutively to any term of imprisonment imposed in a pending case in Taylor County, Georgia, Superior Court after pleading guilty to distribution of cocaine base;
Brittany Smith, 30, of Warner Robins, was sentenced to serve 135 months in prison to be followed by three years of supervised release after pleading guilty to possession with intent to distribute methamphetamine;
Antonio Raines, 39, of Warner Robins, was sentenced to serve 97 months in prison to be followed by three years of supervised release after pleading guilty to distribution of cocaine base;
Emanuel Ivey, 37, of Warner Robins, was sentenced to serve 87 months in prison to be followed by three years of supervised release after pleading guilty to distribution of cocaine base;
Joseph Day, 50, of Warner Robins, was sentenced to serve 46 months in prison to be followed by three years of supervised release after pleading guilty to distribution of cocaine base;
Desmond Griffin, 30, of Warner Robins, was sentenced to serve 24 months in prison to be followed by three years of supervised release after pleading guilty to distribution of cocaine base;
Obie Wright, 68, of Warner Robins, was sentenced to serve 18 months in prison to be followed by three years of supervised release after pleading guilty to distribution of cocaine base; and
Latanya Williams, 41, of Warner Robins, was sentenced to serve three years of probation after pleading guilty to making false statements.
Two more co-conspirators sentenced from other related cases 5:21-CR-39 and 5:21-CR-40 respectively:
Lee Anthony Benney, 56, of Reynolds, Georgia, was sentenced to serve 21 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture; and
Reginald Crimes, 40, of Preston, Georgia, was sentenced to serve 24 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture.
For more information about these cases, please visit: https://www.justice.gov/usao-mdga/pr/remaining-defendants-middle-georgia-armed-drug-trafficking-organization-sentenced; https://www.justice.gov/usao-mdga/pr/12th-defendant-sentenced-dog-fighting-drug-distribution-ring; and https://www.justice.gov/usao-mdga/pr/doj-announces-arrests-middle-georgia-drug-conspiracy-and-dog-fighting-ring.
This effort is part of an Organized Crime Drug Enforcement Task Force (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 dog-fighting and drug conspiracy case was investigated by the Drug Enforcement Administration (DEA), the U.S. Department of Agriculture - Office of the Inspector General (USDA-OIG), the U.S. Marshals Service (USMS), the Georgia Bureau of Investigation (GBI), the Bibb County Sheriff’s Office, the Crawford County Sheriff’s Office, the Houston County Sheriff’s Office, the Merriweather County Sheriff’s Office, the Peach County Sheriff’s Office, the Taylor County Sheriff’s Office, the Webster County Sheriff’s Office, the Byron Police Department and the Fort Valley Police Department. Deputy Criminal Chief Will Keyes with the U.S. Attorney’s Office for the Middle District of Georgia and Senior Trial Attorney Banu Rangarajan with the Department of Justice’s Environmental Crimes Section prosecuted the case.
The methamphetamine distribution case was investigated by DEA, FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), USMS, the Monroe County Sherriff’s Office, the Bibb County Sherriff’s Office and the Warner Robins Police Department. Assistant U.S. Attorney Alex Kalim prosecuted the case.
Thursday 31 August 2023
표제 VI (Title VI) 수사 해결을 위해 법무부와 오클라호마 법원 양해 각서 체결Read the Press Release
참고: 본 언론 보도는 다양한 언어로 번역되었습니다. 아래 번역을 참고하십시오.
워싱튼 -법무부가 오늘 민권 수사를 해결하고 영어 능력 제한(Limited English Proficiency, LEP)이 있는 모든 사람들을 위한 향상된 주 법원 접근성을 개선하기 위해 오클라호마 대법원 행정처(Administrative Office of the Courts, AOC) 와의 양해 각서(Memorandum of Understanding, MOU) 를 발표했습니다.
법무부는 Mayes 카운티 지방 법원이 가정 법원 사건 당사자 중 LEP가 있는 이에게
유의미한 접근성을 제공하지 않았다는 주장의 민원을 받았습니다. 법무부는 연방 재정
보조 수혜자의 인종, 피부색, 출신 국가에 의한 차별을 금지하는 1964년도 민권법의(Civil
Rights Act of 1964) 표제 VI 하 수사를 개시하였습니다. LEP가 있는 모든 법원
사용자들에게 유의미한 접근성을 제공하도록 AOC가 취한 긍정적 단계에 대응하여
법무부는 추후 표제 VI 수사를 중단하였습니다. 이러한 조치 중, AOC 는 소장에서 확인된
LEP가 있는 사람에게 무상으로 통역 서비스를 제공하였으며, 언어 접근 조정관을
채용하고 주정부 법이 된 법안을 제안하였습니다. 해당 법은 LEP 당사자에게 통역인
비용이 부과되지 않도록 합니다. 또한 법원 언어 통역과 번역 서비스를 지원하도록 전주
자금을 승인하였습니다.“사람들은 제한된 영어 능력으로 인해 불이익을 당해서는 안 되며 절차 및 운영에 공정하게 참여하는 데 필요한 언어 지원 서비스를 받는 데 어려움을 겪어서는 안 됩니다”라고 법무부 민권부의 Kristen Clarke 법무차관보가 말했습니다. “본 합의서는 영어 능력과 무관하게 모든 사람이 법원에 접근할 수 있도록 보장하는 모범 사례이며 오클라호마에서 제한된 영어 능력을 가진 법원 사용자의 장벽을 허무는 데 필요한 조치를 설명합니다.”
“새로운 주법과 MOU를 통해 오클라호마는 우리 주의 사법 접근성을 개선하겠다는
의지를 보여주었습니다”라고 오클라호마 북부 지역(Northern District of Oklahoma) 의
Clinton J. Johnson 검사가 말했습니다. “우리는 표제 VI 및 관련 민권법 준수를 위해 주
법원과의 협력에 최선을 다할 것입니다.”양해각서에 따라 AOC는 모든 민사 및 형사 소송 절차와 법원 운영에서 LEP가 있는 개인에게 구두 및 서면 언어 지원 서비스를 무료로 제공하고, 주 전체 언어 접근성 계획을 세우고 중요 문서의 번역을 추가할 예정입니다. AOC 는 또한 사례 관리 체계를 개선하여 언어 요구 사항 추적을 향상시키고, 언어 접근 민원 처리 절차 개발, 법원에 게시될 번역된 통역 서비스 통지 작성 및 배포, 법원 직원들을 위한 영상 원격 통역 안내를 작성 및 발행할 예정입니다.
이 사안은 미국 민권부의 검사들과 미국 오클라호마 북부 지방 검사실이 공동으로 진행했습니다. 민권부에 대한 추가 정보는 웹사이트 www.justice.gov/crt 에서 볼 수 있으며 제한된 영어 능력과 표제 VI에 대한 정보는 www.lep.gov 에서 볼 수 있습니다. www.civilrights.justice.gov/report/ 또는 미국 오클라호마 북부 지방 검사실에 www.justice.gov/usao-ndok/contact-us로 신고할 수 있습니다.
司法部與奧克拉荷馬州法院簽署諒解備忘錄以針對第六章(Title VI) 調查作出決議Read the Press Release
注：本新聞稿已翻譯成多種語言。請參見下方譯文。
華盛頓——司法部今天宣佈與奧克拉荷馬州最高法院、法院行政辦公室(Administrative Office of the Courts, AOC) 簽署諒解備忘錄 (Memorandum of Understanding, MOU)，針對一項民權調查作出決議並改善英語能力受限 (Limited English Proficiency, LEP)人士在奧克拉荷馬州法院訴諸法律的機會。
司法部收到一起投訴，指控梅耶斯縣地區法院 (Mayes County District Court)在一起家事法庭案件中未能為一名LEP人士提供有意義的訴諸法律的機會。司法部根據 1964 年《民權法案》(Civil Rights Act of 1964)第六章的條款展開調查，該章禁止聯邦財政援助的接受者基於種族、膚色和民族血統進行歧視。司法部隨後暫停了這項第六章調查，以回應AOC採取的積極措施，為所有LEP法院使用者提供有意義的訴諸法律的機會。除了採取其他行動外，AOC還向投訴中確定的LEP人士免費提供了口譯服務，聘請了一名語言服務獲取協調員，並推出了立法提案，該提案現已成為州法律。該法律取消了向LEP當事人收取的口譯費用。該法律還授權設立一項全州基金，用於支援法庭語言口譯和筆譯服務。
「人們不應因英語能力受限而受到懲罰，也不應在獲得公平參與法院訴訟和運作所需的語言協助服務方面遇到困難，」司法部民權司助理司法部長克裡斯汀·克拉克(Kristen Clarke)指出。「本協議是確保所有人無論其英語能力如何都能訴諸法律的典範，並概述了為奧克拉荷馬州英語能力受限的法院使用者消除障礙所需採取的行動。」
「透過這部新的州法律和MOU，奧克拉荷馬州表明了改善本州司法服務獲取的決心，」奧克拉荷馬州北區(Northern District of Oklahoma)美國聯邦檢察官克林頓J. 詹森(Clinton
J. Johnson)表示。「我們致力於與本州的法院合作，確保遵守第六章及相關民權法律。」
根據這份MOU，AOC將在所有民事和刑事訴訟程式以及法院運作中免費為LEP人士提供口頭和書面語言協助服務，將制定一套全州語言服務獲取計畫，並針對重要文檔提供更多翻譯。AOC還將改進其案件管理系統，以更好地跟蹤語言需求，制定一套語言服務獲取投訴程式，為法院製作和分發翻譯好的口譯服務通知，並為法院工作人員製作和發佈視訊遠端口譯指南。此事由民權司和奧克拉荷馬州北區美國聯邦檢察官辦公室的律師聯合開展。有關民權司的其他資訊可造訪其網站www.justice.gov/crt查閱，有關英語能力受限和第六章的資訊可造訪www.lep.gov網站查閱。公眾可透過www.civilrights.justice.gov/report/或奧克拉荷馬州北區美國聯邦檢察官辦公室www.justice.gov/usao-ndok/contact-us舉報可能存在的侵犯民權的行為。
司法部与俄克拉荷马州法院签署谅解备忘录以针对第六章(Title VI) 调查作出决议Read the Press Release
注：本新闻稿已翻译成多种语言。请参见下方译文。
华盛顿——司法部今天宣布与俄克拉荷马州最高法院、法院行政办公室(Administrative Office of the Courts, AOC) 签署谅解备忘录 (Memorandum of Understanding, MOU)，针对一项民权调查作出决议并改善英语能力受限 (Limited English Proficiency, LEP)人士在俄克拉荷马州法院诉诸法律的机会。
司法部收到一起投诉，指控梅耶斯县地区法院 (Mayes County District Court)在一起家事法庭案件中未能为一名LEP人士提供有意义的诉诸法律的机会。司法部根据 1964 年《民权法案》(Civil Rights Act of 1964)第六章的条款展开调查，该章禁止联邦财政援助的接受者基于种族、肤色和民族血统进行歧视。司法部随后暂停了这项第六章调查，以回应AOC采取的积极措施，为所有LEP法院使用者提供有意义的诉诸法律的机会。除了采取其他行动外，AOC还向投诉中确定的LEP人士免费提供了口译服务，聘请了一名语言服务获取协调员，并推出了立法提案，该提案现已成为州法律。该法律取消了向LEP当事人收取的口译费用。该法律还授权设立一项全州基金，用于支持法庭语言口译和笔译服务。
“人们不应因英语能力受限而受到惩罚，也不应在获得公平参与法院诉讼和运作所需的语言协助服务方面遇到困难，”司法部民权司助理司法部长克里斯汀·克拉克(Kristen Clarke)指出。“本协议是确保所有人无论其英语能力如何都能诉诸法律的典范，并概述了为俄克拉荷马州英语能力受限的法院使用者消除障碍所需采取的行动。”“通过这部新的州法律和MOU，俄克拉荷马州表明了改善本州司法服务获取的决心，”俄克拉荷马州北区 (Northern District of Oklahoma)美国联邦检察官克林顿 J. 约翰逊(Clinton J. Johnson)表示。“我们致力于与本州的法院合作，确保遵守第六章及相关民权法律。”
根据这份MOU，AOC将在所有民事和刑事诉讼程序以及法院运作中免费为LEP人士提供口头和书面语言协助服务，将制定一套全州语言服务获取计划，并针对重要文件提供更
多翻译。AOC还将改进其案件管理系统，以更好地跟踪语言需求，制定一套语言服务获取投诉程序，为法院制作和分发翻译好的口译服务通知，并为法院工作人员制作和发布视频远程口译指南。此事由民权司和俄克拉荷马州北区美国联邦检察官办公室的律师联合开展。有关民权司的其他信息可访问其网站www.justice.gov/crt查阅，有关英语能力受限和第六章的信息可访问www.lep.gov网站查阅。公众可通过www.civilrights.justice.gov/report/或俄克拉荷马州北区美国联邦检察官办公室www.justice.gov/usao-ndok/contact-us举报可能存在的侵犯民权的行为。
Worcester Man Indicted for Unlawfully Possessing a Firearm and AmmunitionRead the Press Release
BOSTON – A Worcester man has been indicted by a federal grand jury in Worcester for unlawfully possessing a firearm and ammunition as a convicted felon.
Ryan Davidson, 38, was indicted on one count of being a felon in possession of a firearm and ammunition.
According to the charging documents, on or about May 9, 2023 in Worcester, Davidson possessed a Taurus 9-millimeter pistol and 26 rounds of 9mm ammunition. Davidson is prohibited from possessing firearms and ammunition due to prior felony convictions.
The charge of being a felon in possession of a firearm and ammunition provides a sentence of up to 15 years, up to three 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; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Worcester Police Chief Steven Sargent made the announcement today. Assistant U.S. Attorney Kaitlin J. Brown of the Worcester Branch Office is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Watermark Retirement Communities to Pay $4.25 Million for Allegedly Receiving Kickback in Violation of the False Claims ActRead the Press Release
NEWARK, N.J. – The Arizona-based operator of a senior living community has agreed to pay $4.25 million to resolve allegations that it violated the False Claims Act by soliciting and receiving a kickback from a nationwide home health agency (HHA) operator in order to facilitate referrals from Watermark retirement homes.
Watermark Retirement Communities LLC is a senior living community operator based in Tucson, Arizona, that manages 79 retirement homes across the country. The United States alleged that the HHA operator purchased two of Watermark’s HHAs in Arizona to induce referrals of Medicare beneficiaries living in Watermark residential communities.
The scheme was designed around eight Watermark retirement homes in five states (Arizona, Connecticut, Delaware, Florida, and Pennsylvania), where the two companies had overlapping operations. The United States alleged that from Jan. 1, 2014, through Oct. 31, 2020, Watermark caused the HHA operator to submit false claims for payments to Medicare for services provided to Medicare beneficiaries referred as a result of the kickback transaction. The Antikickback Statute prohibits parties who participate in federal health care programs from knowingly and willfully soliciting or receiving any remuneration in return for referring an individual to, or arranging for the furnishing of any item or services for which payment is made by, a federal health care program.
U.S. Attorney Philip R. Sellinger“Whether you pay them or receive them, kickbacks undermine the integrity of our health care system. Patients need to know the health care referrals they receive are in their best interest, not in the best interest of someone else’s bottom line. Our office will always be on guard to prevent unscrupulous operators from trying to take financial advantage of our health care system.”
“It is imperative that decisions about the care provided to federal health care beneficiaries are not undermined by the payment of kickbacks,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said. “Today’s resolution demonstrates that the Department is committed to holding accountable not only those who offer kickbacks but also those who receive them.”
The settlement announced today includes the resolution of claims brought under the qui tam, or whistleblower, provisions of the False Claims Act by David Freedman, who was the former director of strategic growth for the HHA operator between 2009 and 2016. The qui tam provisions permit a private party to file an action on behalf of the United States and receive a portion of any recovery. As part of today’s resolution with Watermark, Freedman will receive approximately $765,000. In September 2021, the HHA operator entered into a $17 million settlement with the United States to resolve the claims against it arising out of the same transaction, meaning that the qui tam has resulted in recoveries exceeding $21.25 million.
The resolution obtained in this matter was the result of a coordinated effort between the United States Attorney’s Office for the District of New Jersey, and the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, with assistance from the U.S. Department of Health and Human Services Office of Inspector General.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The matter was handled by Assistant U.S. Attorney Jordann Conaboy of the U.S. Attorney’s Office for the District of New Jersey, as well as Trial Attorneys Daniel Meyler and Samson Asiyanbi of the Fraud Section.
The case is docketed as United States ex rel. Freedman v. Bayada Home Health Care, Inc., Civ. No. 17-6267 (D.N.J.).
The claims resolved by the settlement are allegations only and there has been no determination of liability.
watermark.settlement.pdfWatermark Retirement Communities to Pay $4.25 Million for Allegedly Receiving Kickback in Violation of the False Claims ActRead the Press Release
Watermark Retirement Communities LLC, a senior living community operator based in Tucson, Arizona, that manages 79 retirement homes across the country, agreed to pay $4.25 million to resolve allegations that it violated the False Claims Act by soliciting and receiving a kickback from a nationwide home health agency (HHA) operator in order to facilitate referrals from Watermark retirement homes.
The United States alleged that the HHA operator purchased two of Watermark’s HHAs in Arizona to induce referrals of Medicare beneficiaries living in Watermark residential communities. The scheme was designed around eight Watermark retirement homes in five states (Arizona, Connecticut, Delaware, Florida and Pennsylvania) where the two companies had overlapping operations. The United States alleged that from Jan. 1, 2014 through Oct. 31, 2020, Watermark caused the HHA operator to submit false claims for payments to Medicare for services provided to Medicare beneficiaries referred as a result of the kickback transaction. The Antikickback Statute prohibits parties who participate in federal health care programs from knowingly and willfully soliciting or receiving any remuneration in return for referring an individual to, or arranging for the furnishing of any item or services for which payment is made by, a federal health care program.
“It is imperative that decisions about the care provided to federal health care beneficiaries are not undermined by the payment of kickbacks,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s resolution demonstrates that the Department is committed to holding accountable not only those who offer kickbacks but also those who receive them.”
“Whether you pay them or receive them, kickbacks undermine the integrity of our health care system,” said U.S. Philip R. Attorney Sellinger for the District of New Jersey. “Patients need to know the health care referrals they receive are in their best interest, not in the best interest of someone else’s bottom line. Our office will always be on guard to prevent unscrupulous operators from trying to take financial advantage of our health care system.”
The settlement announced today includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by David Freedman, who was the former director of strategic growth for the HHA operator between 2009 and 2016. The qui tam provisions permit a private party to file an action on behalf of the United States and receive a portion of any recovery. As part of today’s resolution with Watermark, Freedman will receive approximately $765,000. In September 2021, the HHA operator entered into a settlement with the United States to resolve the claims against it arising out of the same transaction. See www.justice.gov/opa/pr/home-health-agency-operator-bayada-pay-17-million-resolve-false-claims-act-allegations-paying.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of New Jersey, with assistance from the Department of Health and Human Services Office of Inspector General.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The matter was handled by Trial Attorneys Samson Asiyanbi and Daniel Meyler of the Civil Division’s Fraud Section and Assistant U.S. Attorney Jordann Conaboy for the District of New Jersey.
The case is docketed as United States ex rel. Freedman v. Bayada Home Health Care, Inc., Civ. No. 17-6267 (D.N.J.).
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Watermark Settlement AgreementUS-Justizministerium schließt eine Vereinbarung mit den Gerichten des Bundesstaats Oklahoma zur Beilegung der Untersuchung nach Titel VI (Title VI) abRead the Press Release
Anmerkung: Diese Pressemitteilung wurde in verschiedene Sprachen übersetzt. Übersetzungen finden Sie unten.
Das US-Justizministerium kündigte heute eine Absichtserklärung (Memorandum of Understanding, MOU) zusammen mit dem Verwaltungsamt der Gerichte (Administrative Office of the Courts, AOC) am Obersten Gerichtshof von Oklahoma an, um eine Untersuchung möglicher Bürgerrechtsverletzungen zu beenden und den Zugang zu den Gerichten des Staates Oklahoma für Menschen mit begrenzten Englischkenntnissen (Limited English Proficiency, LEP) zu verbessern.
Dem Ministerium wurde eine Beschwerde übermittelt, in der behauptet wird, dass das Bezirksgericht (District Court) des Landkreises (County) Mayes es versäumt hat, einer Person mit LEP in einem Familiengerichtsprozess sinnvollen Rechtsschutz zu gewähren. Das Justizministerium leitete eine Untersuchung gemäß Titel VI des Bürgerrechtsgesetzes von 1964 (Title VI of the Civil Rights Act of 1964) ein, der die Diskriminierung auf Grundlage von Ethnie, Hautfarbe und nationaler Herkunft durch Empfänger von Bundesfinanzhilfen verbietet. Das Justizministerium stellte schließlich die Titel-VI-Untersuchung als Reaktion auf die positiven Schritte des AOC ein, allen Personen mit LEP, die die Dienstleistungen des Gerichts in Anspruch nehmen, sinnvollen Rechtsschutz zu ermöglichen. Neben anderen Maßnahmen stellte das AOC der in der Beschwerde genannten Person mit LEP kostenlos einen Dolmetscher zur Verfügung, stellte einen Koordinator für den sprachbezogenen Zugang ein und schlug einen Rechtsakt vor, der auf bundesstaatlicher Ebene umgesetzt wurde. Dieses Gesetz beseitigt die Gebühren für Dolmetscher, die Parteien mit LEP in Rechnung gestellt werden. Außerdem wurdeein landesweiter Fonds zur Unterstützung von Dolmetsch- und Übersetzungsdiensten bei Gericht eingerichtet.
„Menschen sollten nicht für ihre begrenzten Englischkenntnisse bestraft werden und sollten keine Schwierigkeiten haben, die Sprachassistenzdienste zu erhalten, die sie benötigen, um fair an Gerichtsverfahren und -vorgängen teilzunehmen“, erklärte die stellvertretende Generalstaatsanwältin Kristen Clarke von der Abteilung für Bürgerrechte (Civil Rights Division) des US-Justizministeriums. „Diese Vereinbarung ist ein Modell dafür, wie der Zugang zu den Gerichten für alle Menschen unabhängig von ihren Englischkenntnissen gewährleistet werden
kann. Sie beschreibt die Maßnahmen, die erforderlich sind, um die Hindernisse für Gerichtsnutzer mit begrenzten Englischkenntnissen in Oklahoma zu beseitigen.“„Mit dem neuen Gesetz und dem MOU hat Oklahoma sein Engagement für einen besseren Zugang zur Justiz in unserem Bundesstaat unter Beweis gestellt“, erklärte der US-Staatsanwalt für den nördlichen Bezirk von Oklahoma (Northern District of Oklahoma), Clinton J. Johnson. „Wir sind entschlossen, mit unseren Gerichten auf bundesstaatlicher Ebene zusammenzuarbeiten, um die Einhaltung des Titels VI und der damit verbundenen Bürgerrechtsgesetze sicherzustellen.“
Im Rahmen des MOU wird das AOC in allen Zivil-und Strafverfahren und im Gerichtsbetrieb Sprachassistenzdienste in Wort und Schrift für Personen LEP kostenlos anbieten, einen landesweiten Plan für den Zugang zu Sprachen entwickeln und Übersetzungen wichtiger Dokumente hinzufügen. Das AOC wird außerdem sein Aktenverwaltungssystem verbessern, um den Sprachbedarf besser verfolgen zu können, ein Beschwerdeverfahren für den Zugang in sprachlicher Hinsicht entwickeln, einen Aushang mit übersetzten Dolmetscherdiensten für die Gerichtsgebäude erstellen und bereitstellen sowie eine Videoanleitung für Gerichtsdiener erstellen und herausgeben.
Dieser Sachverhalt wurde gemeinsam von Staatsanwälten der Abteilung für Bürgerrechte und der US-Staatsanwaltschaft für den nördlichen Bezirk von Oklahoma bearbeitet. Weitere Informationen über die Abteilung für Bürgerrechte finden Sie auf der Website der Abteilung unter www.justice.gov/crt. Informationen über begrenzte Englischkenntnisse und Titel VI finden Sie unter www.lep.gov. Angehörige der Öffentlichkeit können mögliche Bürgerrechtsverletzungen unter www.civilrights.justice.gov/report/ oder bei der US-Staatsanwaltschaft für den nördlichen Bezirk von Oklahoma unter www.justice.gov/usaondok/contact-us melden.
U.S. Attorney Jesse Laslovich announces nearly $6 million in federal grant awards to support victims of sexual assault and crimeRead the Press Release
BILLINGS — U.S. Attorney Jesse Laslovich today announced grant funding of nearly $6 million for Montana from the Department of Justices’ Office of Justice Programs to support victims of sexual assault and crime victims. The funding, totaling $5.96 million, is for three separate grant programs.
“I am pleased to announce these grants to the state of Montana for its important work in providing support services to crime victims, including victims of sexual assault. This funding demonstrates the U.S. Department of Justice’s commitment in fighting sexual violence and making sure every survivor can access support, safety, and justice in their communities. The grants also continue to help and support victims of crime through assistance and compensation programs,” U.S. Attorney Laslovich said.
The Montana Board of Crime Control will receive $787,911 from the Office on Violence Against Women’s Fiscal Year 2023 Sexual Assault Services Formula Program (SASP). The project period starts August 2023 and will end July 2025. These funds are made available through the Violence Against Women Act (VAWA). This grant award was among a total of $51.8 million in SASP funding the Justice Department awarded in every state along with the District of Columbia, American Samoa, Guam, the Commonwealth of the North Mariana Islands, Puerto Rico, and the Virgin Islands. This marks a significant increase of nearly 45 percent when compared to last year’s funding level.
Congress first authorized SASP in the VAWA Reauthorization of 2005. SASP is the nation’s first federal funding stream dedicated to providing direct intervention and related assistance to victims of sexual assault. The Office on Violence Against Women (OVW) administers SASP funding according to a statutorily determined, population-based formula. States and territories, in turn, award the funds to rape crisis centers and other nonprofit, nongovernmental or Tribal agencies that provide direct intervention and related services to adult, youth, and child victims of sexual assault.
The Montana Board of Crime Control also will receive $4,910,121 from the Office for Victims of Crime (OVC) as part of its Fiscal Year 2023 Victims of Crime Act Victim Assistance Formula Grant. The project period started October 2022 and will end September 2026. This grant award will provide money from the Crime Victims Fund to enhance crime victim services in the state.
The Montana Department of Justice will receive $270,000 from the OVC as part of its Fiscal Year 2023 Victims of Crime Act Victim Compensation Formula Grant. The project period started October 2022 and will end September 2026. This grant award provides resources from the Crime Victims Fund to enhance state victim compensation payments to eligible crime victims.
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Tonawanda Man Pleads Guilty to Child Pornography ChargeRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Michael Szczepanik, 38, of Tonawanda, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession of child pornography, which carries a maximum sentence of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that in December 2021, Szczepanik’s IP address was identified on a file sharing site where files of child pornography were being shared. In February 2022, investigators executed a warrant at his residence and seized electronic devices, which contained images and videos of child pornography. The items included a desktop and the hard drives located on the device, where more than 600 images and videos of child pornography were discovered. Some of the images included prepubescent minors and depictions of violence against children.
The plea is the result of an investigation by the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.
Sentencing is scheduled for December 18, 2023, before Judge Arcara.
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Three Men Sentenced in Akron Case Involving Forged Prescriptions and Illicit Pill TraffickingRead the Press Release
AKRON - Three men were sentenced this week in Akron federal court by Chief Judge Sara Lioi for their roles in a case involving forged prescriptions and a conspiracy to press and sell illicit pills.
Michael White, age 43, of Akron, was sentenced to 66 months in prison followed by ten years of supervised release after pleading guilty to one count of Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances, and two counts of Possession with Intent to Distribute Methamphetamine.
Durell Richerson, age 35, of Akron, was sentenced to 36 months in prison followed by three years of supervised release, after pleading guilty to one count of Conspiracy to Commit Wire Fraud and nine counts of Aggravated Identity Theft.
Dallas Delatte, age 34, of Canton, was sentenced to 25 months in prison followed by three years of supervised release, after pleading guilty to one count of Conspiracy to Commit Wire Fraud and three counts of Aggravated Identity Theft.
A fourth defendant, Amanda Ball, previously pled guilty to one count of Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances, and is scheduled for sentencing on September 12, 2023.
The following information is based on the indictment and the defendants’ guilty pleas.
This indictment charged two separate but related conspiracies. The first conspiracy, which Durell Richerson and Dallas Delatte pled guilty to participating in, involved passing forged prescriptions for promethazine-codeine cough syrup at Akron-area pharmacies. According to the indictment, promethazine-codeine cough syrup can be used as an illicit recreational drug, and is known by street names such as “purple drink,” “drank,” and “lean.” Members of this conspiracy used a Google account to store forged prescription templates bearing the names, DEA numbers, and NPI numbers of Akron-area physicians, without the physicians’ permission or knowledge. Conspirators made small edits to the forged prescription templates saved on the Google account, printed the forged prescriptions out on security paper, and then attempted to pass the forged prescriptions at Akron-area pharmacies. Because those forged prescriptions each contained the name, DEA number, and/or NPI number of a real physician—which was done without the permission or knowledge of the physician—each use of a forged prescription constituted a count of Aggravated Identity Theft, with the victim being the physician whose identity was used without their permission.
The second conspiracy, which Michael White and Amanda Ball pled guilty to participating in, involved using a pill press machine to manufacture and distribute illicit pills, including methamphetamine pills that looked like ecstasy (MDMA). White and other conspirators also possessed a pill press machine used to manufacture illicit pills at a residence in Akron to distribute the pills they manufactured. On December 1, 2020, law enforcement executed search warrants at residences in Canton and Akron. Those searches resulted in the seizure of approximately 89 tablets containing methamphetamine, two digital scales, and a blender with cocaine residue.
The case was investigated by the DEA Cleveland’s Tactical Diversion Squad, with assistance from the Akron Police Department, the Ohio State Highway Patrol, the Canton Police Department, and the Ohio Bureau of Criminal Investigations.
The case is being prosecuted by Assistant U.S. Attorney James Lewis.
Three Jamestown Residents Going to Prison in Two Separate Cases for Selling Fentanyl That Led to A DeathRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Garson E. Butcher, 31, and Alisha Centi, 29, both of Jamestown, NY, who were convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, and methamphetamine, were sentenced by U.S. District Judge John L. Sinatra, Jr. Butcher was sentenced to serve 240 months in prison and Centi was sentenced to serve 84 months in prison. In a separate case, Judge Sinatra sentenced Ryan Bloom, 37, also of Jamestown, to serve 240 months in prison. Bloom was also convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, and methamphetamine.
Assistant U.S. Attorney Joshua A. Violanti, who handled the cases, stated that between March 2020, and June 2021, Butcher and Centi conspired with others to possess and sell heroin, fentanyl, and methamphetamine. On March 29, 2020, Butcher and Centi sold fentanyl which resulted in the death of an individual identified as T.R. On September 28, 2020, Butcher and Centi sold heroin to an individual identified as K.K., who overdosed but regained consciousness after receiving multiple doses of Narcan. In addition, Butcher and Centi used residences on Fairview Avenue and Roland Road to manufacture and distribute heroin, fentanyl, and methamphetamine.
Assistant U.S. Attorney Violanti stated that defendant Bloom bought and sold heroin, fentanyl, and methamphetamine for profit and his own use. Bloom and co-conspirator, Rachelle Allison, utilized a Fairview Avenue residence in Jamestown to conduct their drug trafficking activities, selling drugs, and running a needle exchange out of the residence. These activities resulted in numerous overdoses occurring at that location. On April 5, 2020, the Chautauqua County Sheriff’s Office responded to a Hoag Road residence in Ashville, NY, for a possible overdose death. Upon arrival, an individual identified as D.R., was found deceased. A search of D.R.’s cellular telephone revealed Facebook messages between D.R. and Bloom the previous day that were drug related. Bloom admits that he and Allison distributed heroin and fentanyl to D.R. the day before D.R.’s death. On July 19, 2020, Bloom sold heroin and fentanyl to an individual identified as A.R. at the Fairview Avenue residence, resulting in A.R. overdosing. After receiving two doses of Narcan, A.R. and was revived and regained consciousness.
Rachelle Allison was previously convicted and is awaiting sentencing.
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 sentencings are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone.
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Three Indicted for Fentanyl and Methamphetamine Trafficking in Sacramento and StocktonRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a seven-count indictment today against three defendants, charging them with drug trafficking offenses, U.S. Attorney Phillip A. Talbert announced.
Jiovanni Eleazar Paco, 25, of Modesto; Carlos Daniel Gastelum Bustamante, 25, a Mexican national residing in Pasadena; and Brayan Missael Nunez Mendoza, 22, of Sacramento; are each charged with conspiracy to distribute and possess with intent to distribute fentanyl, para‑fluorofentanyl (a fentanyl analogue), and methamphetamine. Each defendant is charged with distribution of fentanyl. Bustamante is also charged with possession with intent to distribute fentanyl and methamphetamine, and Paco is charged with possession with intent to distribute fentanyl.
According to court documents, the defendants distributed thousands of counterfeit M30 pills containing fentanyl on behalf of a source of supply in Mexico. On Sept. 29, 2022, Mendoza sold over 1,000 counterfeit M30 pills containing fentanyl and para-fluorofentanyl in Sacramento. On Dec. 21, 2022, Bustamante sold over 2,000 counterfeit M30 pills containing fentanyl in Stockton. Several months later, on May 2, 2023, a California Highway Patrol officer initiated a traffic stop of Bustamante in the Stockton area, searched his vehicle, and found approximately 5,530 counterfeit M30 pills containing fentanyl, and approximately 1 pound of methamphetamine. On June 12, 2023, Paco sold approximately 3,000 counterfeit M30 pills containing fentanyl. Paco was later arrested during a traffic stop on June 27, 2023, where officers found him in possession of nearly 8,000 M30 pills containing fentanyl.
This case is the product of an investigation by the Drug Enforcement Administration and Homeland Security Investigations with assistance from the Federal Bureau of Investigation, the California Highway Patrol, the Sacramento Sheriff’s Office, and the San Joaquin County District Attorney’s Office. Assistant U.S. Attorneys David Spencer and Haddy Abouzeid are prosecuting the case.
If convicted, all defendants face a mandatory minimum penalty of 10 years in prison, a maximum statutory penalty of life in prison, and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Tennessee Man Found with Gun and Marijuana Sentenced to More Than 5 Years in Federal PrisonRead the Press Release
A man who was stopped for a traffic violation, found to be in possession of marijuana and a gun was sentenced August 14, 2023, to more than 5 years in federal prison.
Sidney Turner, age 58, from Memphis, Tennessee, received the prison term after a March 29, 2023, guilty plea to possession of a firearm by a felon and an unlawful drug user.
Evidence in the case revealed during a traffic stop for a moving violation, Turner was found to be driving without a valid license, and was found to be in possession of marijuana and a gun.
Turner has a lengthy criminal history. He was previously convicted of possession of cocaine with intent to manufacture, sell, or deliver; possession of marijuana with intent to manufacture, sell, or deliver; and felon in possession of a handgun.
Turner was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 70 months’ imprisonment. He must also serve a 2-year term of supervised release after the prison term. There is no parole in the federal system.
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.
Turner is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by Homeland Security, Woodbury County, Iowa Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4096.
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Task Force Targets Bandidos Motorcycle Club in Joint Enforcement OperationRead the Press Release
ALBUQUERQUE, N.M. – Today, Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, and W. Troy Weisler, New Mexico State Police Chief, announced the results of a coordinated, multiagency enforcement operation across the state which targeted alleged members of the Bandidos Motorcycle Club.
According to the search warrant, over the past four years, law enforcement officials in New Mexico, Texas, and Oklahoma have observed a sharp increase in violence between the Bandidos and the Mongols Motorcycle Club. Most recently, in May 2023, in Red River, NM, several Bandidos members from New Mexico and Texas confronted a group of Water Dogs MC members. The confrontation was the continuation of months of harassment by the Bandidos concerning whether the Water Dogs MC had aligned itself with the Bandidos or Mongols. In Red River, Bandidos members surrounded the Water Dogs MC members, and three Bandidos members attacked a Water Dogs member. The fight escalated and two Bandidos members and one Water Dogs member were shot and killed. Five bystanders were wounded in the incident.
Following the Red River shooting, New Mexico State Police contacted the FBI and requested assistance conducting a statewide investigation of the Bandidos. Subsequently, in June 2023, the Outlaw Motorcycle Gang Task Force (OMGTF) was created. The OMGTF is comprised of investigators and analysts from the FBI, NMSP, New Mexico Corrections Department, Albuquerque Police Department, Rio Rancho Police Department, Ruidoso Police Department, Bernalillo County Sheriff’s Office, Valencia County Sheriff’s Office, Eddy County Sheriff’s Office, Otero County Sheriff’s Office and Lincoln County Sheriff’s Office.
The OMGTF set its sights on the Bandidos, given the organization’s continued participation in murders, shootings, extortion, and other violent acts. It focused on twenty-five members within the New Mexico chapters who appeared to be the most criminally active and loudest voices advocating for continued violence.
The search warrant was executed on premises in Albuquerque, Rio Rancho, Los Lunas, Belen, Tome, Grants, San Rafael, Gallup, Farmington, Hobbs, Alamogordo, Ruidoso, Capitan and Arabela. During the subsequent searches, law enforcement officers seized 151 firearms, thousands of rounds of ammunition, numerous ballistics vests, and fentanyl, meth and cocaine. A stolen police radio was also recovered.
As a result of the operation, two individuals were arrested on state charges. They are Kenneth Martinez and Henry Mascarenas. Charges are also pending against Ed Sanchez Solis.
“The motorcycle is a symbol of freedom, of individualism, and the open road,” said U.S. Attorney Uballez. “But today, a selfish few are trying to tell us who gets to enjoy our roads, what clothes they are required to wear, and with whom they can ride. The people of New Mexico have no more patience for violent bullies. Working together, the law enforcement agencies of New Mexico return the open road to the public who owns it.”
“Today, we joined forces to take significant law enforcement action to disrupt an outlaw motorcycle gang trying to establish a foothold in our communities,” said FBI Special Agent in Charge Raul Bujanda. “Along with our local, state, tribal, and federal law enforcement partners, our efforts to combat organized violent crime will continue to be waged each and every day. I am grateful for the dedicated law enforcement professionals who work tirelessly to disrupt such criminal activity and fight for justice on behalf of the citizens we serve and protect.”
“The ongoing violence involving outlaw motorcycle gangs across our state has a negative impact on all the citizens of New Mexico. The law enforcement community owes it to those we serve to come together and stop this behavior,” said Troy Weisler, Chief of the New Mexico State Police. “By working with our Federal, State, County, and local law enforcement partners on operations like this one, we are one step closer to preventing the spread of drugs and criminal mischief that accompanies outlaw motorcycle gangs.”
The OMGTF led the investigation, with assistance from the United States Bureau of Prisons, United States Probation Office, New Mexico Organized Crime Commission, Texas Department of Public Safety, Second Judicial District Attorney’s Office, Eighth Judicial District Attorney’s Office, Twelfth Judicial District Attorney’s Office, and other law enforcement or corrections agencies.
Assistant U.S. Attorneys Joseph M. Spindle and David B. Hirsch are assisting with the investigation.
Defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Tadano Group to Pay $40 Million to Settle Clean Air Act Violations After Selling Noncompliant Diesel EnginesRead the Press Release
The Justice Department today announced that Japan-based Tadano Ltd. and its subsidiaries – collectively known as the Tadano Group – will pay a $40 million civil penalty to resolve allegations that it violated Title II of the Clean Air Act (CAA). The Justice Department worked with the Environmental Protection Agency (EPA) to broker the settlement, which resolves allegations in a complaint filed with the settlement that Tadano Group imported and sold heavy, nonroad cranes with diesel engines not certified to applicable CAA emission standards, and that Tadano Group violated related CAA and regulatory requirements.
As part of the proposed consent decree, Tadano Group will also contribute $3.2 million towards a project to mitigate harm caused by excess nitrogen oxide (NOx) and particulate matter (PM) emissions from its noncompliant crane engines. The project will retire a 1975 tugboat and christen a new, cleaner tugboat to service ships in the Port of Port Arthur, Texas. The old tugboat has outdated diesel engines while the new tugboat will have up-to-date, Tier 4 engines, preventing the release of an estimated 2,075 tons of NOx emissions and more than 22 tons of PM emissions over 20 years. The Port of Port Arthur is near low-income communities with environmental justice concerns and near the Tadano America Corp. facility in Houston.
“Tadano Group imported and sold giant cranes with engines that didn’t carry valid EPA certificates of conformity, flouting federal law that protects the public from harmful emissions,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This settlement holds Tadano accountable for its violations and requires completion of a project that will improve the quality of life for those living in the Port Arthur, Texas, area.”
“Diesel exhaust is one of the dirtiest forms of pollution,” said Assistant Administrator David M. Uhlmann of the EPA’s Office of Enforcement and Compliance Assurance. “Exposure to diesel exhaust is linked to serious health conditions, including asthma and respiratory illness, and those health risks are increased by engines that fail to meet emission standards. This settlement should send a clear message that EPA will continue to vigorously enforce against companies that sell illegal diesel engines, including nonroad engines.”
The complaint against Tadano Group alleges that between 2011 and 2017, it sold nonroad cranes with at least 269 diesel engines that violated the CAA because the engines were not covered by current EPA-issued certificates of conformity nor did the engines qualify for a limited exemption under EPA’s Transition Program for Equipment Manufacturers. The Tadano Group also did not comply with CAA reporting, bonding and fuel inlet labelling requirements. The Tadano Group includes Germany-based Tadano Faun GmbH, Tennessee-based Tadano Mantis Corp. and Texas-based Tadano America Corp.
The Environment and Natural Resources Division’s Environmental Enforcement Section filed the complaint and lodged the proposed consent decree in the U.S. District Court for the Southern District of Texas. The settlement is subject to a public comment period and final court approval. The consent decree will be available for viewing on the Justice Department’s website at www.justice.gov/enrd/consent-decrees.
Somerset County Resident Admits Distributing Child PornographyRead the Press Release
TRENTON, N.J. – A Somerset County, New Jersey, resident today admitted distributing videos and images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced.
Marcevan Manasse, 28, Somerville, New Jersey, pleaded guilty today before U.S. District Judge Michael A. Shipp in Trenton federal court to an information charging one count of distribution of child pornography.
According to documents filed in this case and statements made in court:
From Sept. 20, 2020, through Nov. 22, 2020, Manasse distributed material containing images and video files of child sexual abuse, via a publicly available online peer-to-peer (P2P) file-sharing network of linked computers. Law enforcement officers conducted an undercover online session to access the P2P program and to download five video files and 11 images containing child pornography from an IP address assigned to an internet service provider account associated with Manasse’s residence. These files included multiple visual depictions of pre-pubescent children being sexually abused by adults.
The count of distribution of child pornography carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years in prison, and a fine of $250,000. Sentencing is scheduled for Jan. 23, 2024.
U.S. Attorney Sellinger credited special agents of Homeland Security Investigations Newark, under the direction of Special Agent in Charge Ricky J. Patel, with the investigation leading to today’s guilty plea. He also thanked the Somerset County Prosecutor’s Office for its assistance.
The government is represented by Assistant U.S. Attorney Farhana C. Melo of the Criminal Division in Newark.
manasse.information.pdfSix indicted for trafficking songbirdsRead the Press Release
HOUSTON – A federal grand jury has returned indictments charging six Cuban nationals who resided in Houston with illegal trafficking of migratory songbirds, announced U.S. Attorney Alamdar S. Hamdani.
Over the past week, authorities took into custody Antonio Cabrero Ruano, 56, Roberto Guimary Machado, 59, Luis Valdez Machado, 22, Iran Almarales Garcia, 53, Ediel Barroso Quintero, 27, and Alexander DeJesus Lechuga, 45.
The six seperate indictments, returned Aug. 24, allege violations of the Migratory Bird Treaty Act and/or the Lacey Act.
The scheme allegedly involved the illegal trapping and selling of protected songbirds, including indigo buntings, painted buntings, rose-breasted grosbeaks, blue grosbeaks and house finches, among others.
The Fish and Wildlife Service (FWS) reports that the birds are often used in singing competitions in which the participating owners gamble thousands of dollars on the winning bird, a common practice in Cuba and elsewhere. The birds migrate from Canada, through Texas, to South America. They are trapped as they pass through the Houston area, commonly using a live “bait bird” whose singing attracts other birds to the trap.
The investigation led to the seizure of over 300 illegally trapped songbirds. They were turned over to the Houston Zoo and Moody Gardens where they were evaluated and photographed. Healthy birds were released to the wild, while those that were too sick or injured to survive unaided will remain under the care of the zoos.
According to FWS, the illegal trapping has a significant impact on the wild songbird populations. The birds are poorly suited to captivity and typically die soon after being confined to a cage.
“We are pleased to see a positive outcome in this case as the plight of native birds is just now becoming clear. It is our core role as an Association of Zoos and Aquariums accredited organization to preserve natural resources and protect threatened and endangered wildlife,” said General Curator Greg Whittaker of Moody Gardens.
“The illegal wildlife trade doesn’t just happen behind closed doors – many of our native species are being traded out in the open in flea markets and online marketplaces like Facebook,” said FWS Special Agent in Charge Victoria Owens. “In addition to seeking justice for our native wildlife and the American public, we want the prosecution of these cases to help educate the public about wildlife laws and deter people from committing these crimes in the future. We will pursue and hold accountable anyone who violates fish and wildlife laws for commercial gain.”
The Migratory Bird Treaty Act was enacted in 1918 for the protection of migratory birds. The Lacey Act prohibits trafficking in wildlife that was taken in violation of federal, state, tribal or foreign law.
If convicted, they each face a maximum penalty of five years in prison for violating the Lacey Act, two years for violating the Migratory Bird Treaty Act and possible fines of up to $250,000.
Two others - Reydel Cabrales Rosa, 36, a Cuban national, and Luis Alonzo Martinez, 56, an El Salvadorian national, who resided in Houston - were previously charged and have pleaded guilty.
FWS conducted the investigation with the assistance of Texas Game Wardens. Assistant U.S. Attorney Robert S. Johnson is prosecuting the case.