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Friday 18 August 2023
Greenacres Man Sentenced to 97 Months in Prison for Paying for Child Pornography through Online AppRead the Press Release
MIAMI – Yesterday, Andre Tookes, Jr., of Greenacres, Florida, was sentenced to 97 months in prison, followed by 15 years of supervised release, for purchasing child pornography through a social networking application (an “online app”).
According to court records, beginning in April 2022, Andre Tookes, Jr. communicated with an unknown person in South Africa through a social networking application. Tookes, Jr. purchased dozens of child pornography videos from the South African for $70 on each of nine separate occasions. Law enforcement officers executed a search warrant on Tookes, Jr.’s residence and were able to uncover the communications on his seized phone. Tookes, Jr. pled guilty to receipt of child pornography.
U.S. Attorney Markenzy Lapointe of the Southern District of Florida and Special Agent in Charge Anthony Salisbury, HSI Miami, announced the sentence imposed.
HSI West Palm Beach investigated the case as part of a larger investigation into similar purchasers of child pornography. Assistant U.S. Attorney Gregory Schiller prosecuted the case.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about the Project Safe Childhood initiative and for information regarding Internet safety, please visit www.justice.gov/psc.
To report online child sexual exploitation, use the electronic Cyber Tip Line or call 1-800-843-5678. The Cyber Tip Line is operated by the National Center for Missing and Exploited Children in partnership with the FBI and other law enforcement agencies.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov under case number 23-cr-80087.
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Girlfriend of California Source of Fentanyl Conspiracy Sentenced to 9 YearsRead the Press Release
ABINGDON, Va. – A California woman, who helped her boyfriend ship thousands of pressed fentanyl pills to members of a Southwest Virginia drug dealing conspiracy, was sentenced yesterday to nine years in federal prison.
Destiny Raeann Perez, 23, of Turlock, California, pleaded guilty in January 2023 to conspiring to distribute and possession with the intent to distribute 400 grams or more of fentanyl.
According to court documents, during the conspiracy, Perez was based in California and assisted her boyfriend, Alexander Ortiz, with the packaging of thousands of pressed fentanyl pills for distribution. Perez organized pill orders and mailed drug parcels from California to customers located throughout the United States, including to drug dealers Paul Perkins and Aaron Stidham in Southwest Virginia.
Ortiz and Perez estimated they made over $500,000 selling pressed fentanyl pills via social media.
United States Attorney Christopher R. Kavanaugh, Craig B. Kailimai, Special Agent in Charge of the Washington Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Tommy D. Coke, Inspector in Charge of the U.S. Postal Inspection Service - Atlanta Division, made the announcement.
The Wise County Sheriff’s Office, the Norton Police Department, the Southwest Virginia Drug Task Force (consisting of the Wise County Sheriff’s Office, the Scott County Sheriff’s Office, the Lee County Sheriff’s Office, the Norton Police Department, the Big Stone Gap Police Department, and the Virginia State Police), the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the United States Postal Inspection Service investigated the case.
Assistant U.S. Attorney Lena L. Busscher prosecuted the case.
Gangster Disciples Members Convicted of Three Gang-Related MurdersRead the Press Release
MACON, Ga. – A federal jury yesterday afternoon convicted three members of the Gangster Disciples for their roles in the murder of an Athens, Georgia, resident as retribution for the killing of another gang member and the murders of two other Athens men falsely suspected of cooperating with law enforcement.
Philmon Deshawn Chambers, aka “Dolla Phil,” 34, of Atlanta was convicted of Racketeer Influenced and Corruption Organization (RICO) conspiracy; Violent Crime in Aid of Racketeering - Murder (VICAR-Murder); Carry and Use of a Firearm During and In Relation to a Crime of Violence; and Causing the Death of a Person Using a Firearm. Chambers faces a mandatory minimum sentence of life in prison for the VICAR-Murder offense, and a maximum of life in prison for each of the remaining offenses.
Co-defendant Andrea Paige Browner, aka “Drea,” 28, of Athens, Georgia, was convicted of Racketeer Influenced and Corruption Organization (RICO) conspiracy; Violent Crime in Aid of Racketeering - Murder (VICAR-Murder); and Causing the Death of a Person Using a Firearm. Browner faces a mandatory minimum sentence of life in prison for the VICAR-Murder offense, and a maximum of life in prison for each of the remaining offenses.
Co-defendant Lesley Chappell Green, aka “Grip,” 35, of Stone Mountain, was convicted of Racketeer Influenced and Corruption Organization (RICO) conspiracy. Green faces a maximum of life in prison.
Jury selection began on July 31 and the trial concluded on Aug. 17 before Chief U.S. District Judge Marc T. Treadwell. A sentencing date for Chambers, Browner and Green has not been scheduled.
Two co-defendants previously entered guilty pleas:
Robert Maurice Carlisle, aka “Different,” 36, of Lithonia, Georgia, pleaded guilty to Racketeer Influenced and Corruption Organization (RICO) conspiracy on June 8, and is facing a maximum sentence of life in prison; and
Shabazz Larry Guidry, aka “Lil Larry,” 28, of Decatur, Georgia, pleaded guilty to Racketeer Influenced and Corruption Organization (RICO) conspiracy on June 8 and is facing a maximum sentence of life in prison.
Sentencings for these defendants has not been scheduled.
“Philmon Chambers, Andrea Browner and Lesley Green were Gangster Disciples who engaged in a pattern of violent criminal activity for years, to include three heinous murders; now, justice has been served,” said U.S. Attorney Peter D. Leary. “Violent gangs, intimidation and murder have no place in our lawful society, and I commend the federal, state and local partners who worked so closely to solve this case of exceptional complexity.”
"Our hope is that this verdict brings a sense of relief and justice to the victim's families, who have endured such pain throughout these past few years,” said Robert Gibbs, Senior Resident Agent of FBI Atlanta's Macon Office. “All three defendants’ actions were indefensible, cruel and unjust. They will now face the penalty for the despicable choices they made. We are grateful for our law enforcement partners who worked tirelessly on this case, as their dedication was essential in today’s verdict.”
“This guilty verdict ensures that these violent offenders who are directly responsible for multiple murders are off the streets, making Athens and the entire state of Georgia safer,” said Athens-Clarke County Police Chief Jerry Saulters. “Local, state and federal agencies poured countless hours over several years into the success of this case, and I am thankful for their tireless efforts to make sure justice is served.”
According to court documents, Chambers held a “Position of Authority” within the national Gangster Disciples criminal organization, which included overseeing members of the “Enforcement Team.” The Enforcement Team is directed to discipline gang members using physical assault or murder. Co-defendant Green was a member of the Enforcement Team. Co-defendant Browner was a member of the “Sisters of the Struggle” (SOS), a parallel female component of the Gangster Disciples, and held a leadership position in the gang.
Evidence presented at trial proved that on Dec. 10, 2018, Gangster Disciples member Walter Brown was murdered in Athens, Georgia. Chambers and Browner sought retaliation for Brown’s death and believed three unnamed Athens residents were responsible. On Dec. 14, 2018, Browner met Rodriquez Apollo Rucker, of Athens, at a downtown Athens hotel and learned that Rucker was related to one of the individuals she believed killed Brown. Browner texted Chambers, and Chambers came to the motel. Chambers followed Rucker home and shot and killed him. Browner notified an associate of the Gangster Disciples that she and Chambers would be leaving town because the police would be looking for them.
Browner was taken into custody in Mt. Enterprise, Texas, on Dec. 15, and Chambers got away. Chambers was suspicious that someone was cooperating with law enforcement and focused his suspicions on Derrick Ruff and Joshua Jackson. Chambers concluded that Ruff and Jackson were “snitches” and directed Green, who held a subordinate position on the Enforcement Team, to carry out the murders of Ruff and Jackson.
Text messages and intercepted phone calls between Chambers, Green, Carlisle and Guidry revealed that Ruff and Jackson were lured by Green, as directed by Chambers, to drive from Athens to Lawrenceville to break into storage sheds and steal items to send to Chambers as “aid and assistance” as he was hiding out from law enforcement in a Gangster Disciple “safe house” in Killeen, Texas. The ruse worked, and Ruff and Jackson were murdered on Dec. 19 and their bodies concealed in the storage unit until March 17, 2019, when police with the assistance of cadaver sniffing dogs located them. Additional messages between Chambers, Green, Carlisle and Guidry showed that they conspired to dispose of the victims’ bodies, which included potentially burning the bodies or dumping the bodies in a landfill. Law enforcement recovered the bodies and made arrests before these plans could be carried out.
This case is being prosecuted as part of the joint federal state, and local Project Safe Neighborhoods (PSN) Program, 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.
The case is being investigated by FBI Athens Resident Agency Middle Georgia Safe Streets Gang Task Force, Athens-Clarke County Police Department and the Gwinnett County Police Department.
Assistant U.S. Attorney Mike Morrison of the Middle District of Georgia and Trial Attorney Ken Kaplan of the Department of Justice’s Criminal Division’s Organized Crime and Gang Section are prosecuting the case for the Government.
Four Texas Men Plead Guilty to Stealing Cash, Damaging ATMs in Three StatesRead the Press Release
COLUMBUS, Ga. – Four Houston, Texas, residents pleaded guilty to federal charges for stealing cash and damaging ATMs using hooks, chains and stolen trucks in Georgia, Alabama and Louisiana.
Jamarlon Butler, 37, pleaded guilty to conspiracy to commit offense or to defraud the United States on Aug. 15. Co-defendants Marques Strambler, 35, David Hill, 31, and Traveon Odoms, 34, pleaded guilty to conspiracy to commit offense or to defraud the United States on Aug. 7. The defendants each face a maximum of five years in prison to be followed by three years of supervised release and a $250,000 fine. Sentencing before U.S. District Judge Clay Land is scheduled for Dec. 7. There is no parole in the federal system.
“These defendants embraced lawlessness, stealing vehicles and mauling ATMs in numerous attempts to steal money in Georgia, Alabama and Louisiana,” said U.S. Attorney Peter D. Leary. “Our office will not hesitate to hold individuals accountable for criminal actions that cause loss and damage for people, their businesses and the broader communities we serve.”
“Damaging property and stealing cash from a bank is a federal crime, regardless if violence occurred, and the FBI will always investigate” said Rich Bilson, Senior Resident of FBI Atlanta’s Columbus office. “Rather than legitimately work to make their money, these defendants choose to scheme and steal and will now be held accountable for their crimes.”
According to court documents and other evidence, the defendants stole cash from ATMs in Georgia, Alabama and Louisiana during the summer of 2021 by accessing the machine’s internal safe using chains and hooks attached to stolen trucks. In total, the defendants are being held accountable for three ATM robberies totaling $166,482.18 of loss in cash and damages.
The first theft occurred in the Middle District of Georgia on June 16, 2021. The defendants stole a Ford F250 from Phenix, Alabama, and targeted the SunTrust Bank on Courtyard Way in Columbus, Georgia. Ultimately, their attempt to access the money inside the ATM was unsuccessful but caused $12,727 in damage.
Approximately forty minutes later and 11 miles away from the SunTrust Bank in Columbus, the defendants successfully robbed the ATM machine at Phenix Girard Bank on Highway 280 in Phenix City, Alabama, using the same stolen truck. The total in cash and damages there was $129,804.44.
Police found the abandoned truck a half a mile from the Phenix Girard Bank the next day. Surveillance footage captured the truck being abandoned behind a business and three individuals running away towards another vehicle. An employee of the business stated he saw the truck traveling at a high rate of speed and dragging something causing sparks and noise (caused by the still-attached tow chain and hook), before it was abandoned in the parking lot. The truck was the same truck used in the attempted robbery of the SunTrust ATM in Columbus.
The defendants stole a truck in Covington, Louisiana, on July 27, and attempted to rob the ATM at the Hancock Whitney Bank in Covington at 4:00 a.m. unsuccessfully. Surveillance video shows the defendants exiting a truck and attaching a tow chain and hook to the front of the ATM to access the internal safe. The defendants caused $23,950.74 in damage.
The case was investigated by FBI-Atlanta, FBI-New Orleans, the Columbus Police Department, the Phenix City, Alabama, Police Department and the St. Tammany Parish Sheriff’s Office, Louisiana.
Assistant U.S. Attorney Crawford Seals is prosecuting the case for the government.
Fort Myers Man Sentenced to Federal Prison for Unlawfully Possessing Firearm as A Convicted FelonRead the Press Release
Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced James Blanks (27, Fort Myers) to 12 months in federal prison for possessing a firearm as a convicted felon, to be served consecutively to a 4-year state prison sentence he is currently serving. The court also ordered Blanks to forfeit the firearm and ammunition possessed during the offense. Blanks had pleaded guilty on May 4, 2023.
According to court records, on the night of October 30, 2020, officers from the Fort Myers Police Department attempted to conduct a traffic stop on a vehicle being driven by Blanks. Blanks initially stopped his vehicle on a grassy shoulder but as officers began to exit their vehicle, Blanks sped away from them. As Blanks continued fleeing from law enforcement, he rear-ended another vehicle and lost control of his own vehicle, ultimately crashing it into a concrete utility pole off the roadway. Officers arriving at the scene detained Blanks and located a loaded Smith & Wesson pistol protruding from under the driver’s seat of his vehicle.
Blanks was previously convicted on state charges of aggravated fleeing to elude law enforcement. Therefore, he is prohibited from possessing a firearm or ammunition under federal law. He will begin serving his federal sentence upon release from state prison.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Myers Police Department. It was prosecuted by Assistant United States Attorney Simon R. Eth.
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.
Fort Jennings Man Sentenced for Child ExploitationRead the Press Release
TOLEDO – Kirk Smith, 33, of Fort Jennings, Ohio was sentenced on Wednesday, August 16, to 15 years in prison by U.S. District Judge James R. Knepp after earlier pleading guilty to sexual exploitation of a minor. Judge Knepp also ordered Smith to pay a $100 special assessment and be placed on supervised release for 10 years upon release from imprisonment. Additionally, Smith was ordered to pay $5,000 to the Justice for Victims of Trafficking Act.
According to court documents, in September of 2021, Smith engaged in online communication with undercover law enforcement and indicated he was sexually active with a minor child and had nude photos of the child. Shortly thereafter, Smith sent photos of a minor child that were sexually exploitive. A court authorized search warrant was executed at Smith’s residence where his cellphone was seized and found to contain the messages Smith exchanged with the undercover law enforcement online.
This case was investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Sara Al-Sorghali.
Former Pharmacy President Admits $32 Million Health Care Kickback SchemeRead the Press Release
NEWARK, N.J. – A former president of a pharmacy business admitted his role in a health care kickback conspiracy involving prescriptions for Medicare and TRICARE beneficiaries, Attorney for the United States Vikas Khanna announced today.
Elan Yaish, 53, of Israel, pleaded guilty on Aug. 16, 2023, before U.S. District Judge Esther Salas in Newark federal court to an information charging him with conspiracy to violate the Federal Anti-Kickback statute.
According to documents filed in this case and statements made in court:
From September 2017 to around December 2020, Yaish participated in operating pharmacies, including Apogee Bio-Pharm LLC, in Edison, New Jersey. Yaish and others agreed to engage in a scheme to pay marketing companies to direct prescriptions for expensive medications to the pharmacies.
The marketing companies identified Medicare and TRICARE beneficiaries to target for expensive drugs and contacted the beneficiaries by telephone to pressure them to agree to try expensive medications, such as pain creams, scar creams, eczema creams, and migraine medication. The marketing companies then transmitted recordings of telephone calls with the beneficiaries, together with pre-marked prescription pads for particular drugs that would yield exorbitant reimbursements, to telemedicine companies. The marketers paid the telemedicine companies kickbacks for every beneficiary referred for a prescription, and the telemedicine companies paid doctors to approve the prescriptions. The marketing companies then directed the prescriptions to pharmacies, including Apogee, with which they had kickback arrangements. The pharmacies filled the prescriptions and sought reimbursement from federal health care benefit programs, including Medicare and TRICARE. The pharmacies, including Apogee, then paid a portion of each reimbursement to the marketing companies as a kickback. As a result of the scheme, Yaish and his conspirators caused a loss to Medicare and other federal health care benefit programs of over $32 million.
The charge of conspiracy to violate the Anti-Kickback Statute is punishable by a maximum potential penalty of five years in prison, and a maximum fine of $250,000, or twice the gross gain or loss from the offense, whichever is greatest. Sentencing is scheduled for Dec. 20, 2023.
Attorney for the United States Khanna credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; the U.S. Department of Health and Human Services Office of Inspector General, under the direction of Special Agent in Charge Naomi Gruchacz; and U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office, under the direction of Special Agent in Charge Patrick J. Hegarty, with the investigation leading to the guilty plea.
The government is represented by Assistant U.S. Attorney Katherine M. Romano of the Health Care Fraud Unit and Barbara Ward, Senior Trial Counsel of the Asset Recovery and Money Laundering Unit, in Newark.
yaish.information.pdfFormer Nurse Pleads Guilty to Possession of Child Pornography and Conspiracy to Acquire Controlled SubstancesRead the Press Release
Douglas Kelley, 67, from Sioux City, Iowa, pled guilty in federal court on August 17, 2023, to Possession of Child Pornography and Conspiracy to Acquire Controlled Substances by Fraud.
At the plea hearing, Kelley admitted that he knowingly possessed child pornography, including a depiction involving a prepubescent minor or a minor who had not attained 12 years of age. Kelley further admitted he was previously convicted of offenses relating to the possession of child pornography in Buena Vista County, Iowa, in 1993. In a plea agreement, Kelley admitted that he knowingly distributed fentanyl, and conspired to distribute amphetamine as well as conspired to obtain and acquire fentanyl by means of misrepresentation, fraud, deception, and subterfuge. Kelley was a nurse at MercyOne Hospital in Sioux City, Iowa, and used his position to obtain fentanyl and other controlled substances to illegally distribute to others.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Kelley was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. On the Possession of Child Pornography count, Kelley faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of no more than 20 years’ imprisonment without the possibility of parole, a $250,000 fine, and 5 years to life of supervised release following any imprisonment. For the Conspiracy to Acquire Controlled Substances by Fraud count, Kelley faces not more than 4 years’ imprisonment without the possibility of parole, a $250,000 fine and up to 1 year of supervised release.
The case is being prosecuted by Assistant United States Attorney Kraig Hamit and was investigated by the Iowa Division of Inspections & Appeals, United States Department of Health and Human Services, Sioux City Police Department, and the Federal Bureau of Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-CR-4022.
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Former Juvenile Justice Employee Indicted for Civil Rights and Obstruction of JusticeRead the Press Release
ASHLAND, Ky.— A former Kentucky Department of Juvenile Justice employee, Nathaniel K. Lumpkins, 32, of Elkfork, Ky., has been indicted by a federal grand jury on one count of deprivation of rights under color of law and one count of falsifying records or documents to obstruct justice.
Lumpkins was employed at Woodsbend Youth Development Center, a Kentucky Department of Juvenile Justice facility located in West Liberty, Ky., and worked as a Youth Worker, responsible for the custody, care, and control of the juveniles housed there. The indictment alleges that on January 23, 2019, Lumpkins, while working as a Youth Worker, violated the civil rights of a fifteen-year-old when he used unreasonable force to attempt to restrain the victim, causing bodily injury, including a broken arm. The indictment further alleges that Lumpkins wrote and signed an incident report that included false information, attempting to cover up his use of force.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, announced the indictment.
The investigation preceding the indictment was conducted by FBI. The indictment was presented to the grand jury by Assistant U.S. Attorney Zach Dembo.
Lumpkins will appear in Court for his arraignment on Friday. For the deprivation of rights charge, Lumpkins faces up to 10 years in prison, and for the falsifying records charge, he faces up to 20 years in prison. However, any sentence following a conviction would be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
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Former Hoosick Falls Resident Sentenced to 144 Months for Receiving and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – William Hines, age 45, formerly of Hoosick Falls, New York, was sentenced today to 144 months in prison for receiving and possessing more than 6,100 images of child pornography.
United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge of the Homeland Security Investigations (HSI), Buffalo, New York Field Office, made the announcement.
As a part of his earlier guilty plea, Hines admitted that in December 2016 through January 2017, he downloaded child pornography from a website, and the images he possessed included images depicting the rape of a toddler, adults performing oral sex and using sexual devices upon pre-pubescent children, and images and videos depicting an underaged former girlfriend.
United States District Judge Mae A. D’Agostino also imposed a 15-year-term of post-release supervision and ordered Hines to forfeit a phone, laptop, and external hardrive that he used to store the child pornography. Hines will also have to register as a sex offender upon his release from prison.
HSI investigated the case with the assistance of the Hoosick Falls Police Department and the New York State Police. Former Assistant U.S. Attorney Rachel Williams and Assistant U.S. Attorney Jonathan S. Reiner prosecuted this case as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state, and local resources to better locates, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Former Commonwealth’s Attorney Indicted on Bribery and Public Corruption ChargesRead the Press Release
LEXINGTON, Ky.— The former Kentucky Commonwealth’s Attorney for Bath, Menifee, Montgomery, and Rowan Counties, Ronnie Goldy, 51, has been indicted by a federal grand jury on six counts of honest services wire fraud, six counts of using an interstate communication to commit bribery, and two counts of federal program bribery.
The indictment alleges that between November 2017 and November 2020, Goldy defrauded the Commonwealth of Kentucky by using his position as Commonwealth’s Attorney to help a criminal defendant in exchange for bribes. Specifically, the indictment charges that Goldy solicited and accepted sexual favors and sexually explicit images from this individual; and in return, he made decisions in criminal cases that benefitted this defendant and pressured other officials to do the same. The indictment lists examples of actions Goldy agreed to perform for this defendant, including seeking their release from incarceration, asking for the withdrawal of arrest warrants, requesting the postponement of a court hearing, and asking another prosecutor to sign an order directing the release of the defendant’s impounded property.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, announced the indictment.
The investigation preceding the indictment was conducted by FBI. The indictment was presented to the grand jury by Assistant U.S. Attorney Andy Boone.
Goldy will appear for his initial appearance on Monday at 4 p.m. For the six counts of honest services wire fraud, Goldy faces a maximum of 20 years in prison; for the six counts of electronic communication bribery, he faces a maximum of five years in prison; and for the two counts of federal program bribery, he faces a maximum of 10 years in prison. However, any sentence following a conviction would be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
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Former Baltimore County Police Officer Sentenced to 18 Months in Federal Prison for Accepting Bribes in Exchange for Firearms Training CertificationsRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced William R. Johnson, Jr., age 34, of Baltimore, Maryland, yesterday to 18 months in federal prison, followed by two years of supervised release, for a federal charge of honest services wire fraud, for seeking and accepting bribes and kickbacks, totaling at least $16,804, to falsely certify that applicants for Maryland handgun qualifying licenses (HQL) and wear and carry permits (CCW) had completed the required training. Judge Bennett also ordered that Johnson must pay a money judgment of at least $16,804, representing the proceeds he obtained from the scheme.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Robert McCullough of the Baltimore County Police Department.
As detailed in court documents, Johnson joined the Baltimore County Police Department and later obtained a qualified handgun instructor certificate from the Maryland State Police. According to his guilty plea, from May 2019 through September 2021, Johnson solicited and accepted bribes and kickbacks from applicants seeking certain licenses in exchange for Johnson falsely certifying to the Maryland State Police that the applicant had completed the training required by law. In conversations with the applicants, Johnson made clear that once they paid the money, Johnson would send them the required documentation and they did not need to attend the required classes.
United States Attorney Erek L. Barron commended the FBI and the Baltimore County Police Department for their work in the investigation and thanked Homeland Security Investigations Baltimore, and the Maryland State Police for their assistance. Mr. Barron thanked Assistant U.S. Attorney Christine Goo, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Former Alabama Correctional Sergeant Convicted of Violating the Civil Rights of an Inmate and Obstruction of JusticeRead the Press Release
MONTGOMERY, ALABAMA – Today, a federal jury in the Middle District of Alabama convicted a former Alabama correctional sergeant of deprivation of rights under color of law, falsification of records and obstruction.
The evidence at trial established that on March 8, 2018, at the Alabama Department of Corrections’ Staton Correctional Facility, Correctional Sergeant Devlon Williams assaulted an inmate, D.H., in the main hallway of the healthcare unit. Witnesses at trial testified that Williams repeatedly punched and kicked D.H., who was on the ground and not resisting or posing a threat to any person or corrections officer. Williams continued the beating by hitting D.H. multiple times with a collapsible baton. The government presented evidence at trial that after the beating, Williams and another corrections officer, Larry Managan, who previously pleaded guilty to obstruction, attempted to cover up the beating. Williams made false statements about the assault to an Alabama Department of Corrections investigator and prepared a false report about the incident.
“This defendant is being held accountable for using excessive force against an inmate and preparing a false report to cover-up his unlawful behavior,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Prisoners, like everyone else, have the right to be free from such needless and extreme violence at the hands of law enforcement officers. The Justice Department will continue to hold accountable law enforcement officers who violate the constitutional and civil rights of any Americans, including people who are incarcerated.”
“While most corrections officers try each day to do the right thing, unfortunately, some abuse the authority they are granted,” said U.S. Attorney Sandra J. Stewart for the Middle District of Alabama. “Everyone deserves protection under the law and my office will hold any officer criminally responsible for violating the civil rights of a person in his or her custody.”
“There is no place for this type of behavior in law enforcement. The mission of the FBI is to protect the American people and uphold the Constitution of the United States,” said Special Agent in Charge Paul Brown of the FBI Mobile Field Office. “Today’s conviction demonstrates our commitment to this mission. I would also like to highlight the exceptional work by our partners at the Alabama Department of Corrections Law Enforcement Services Division without whom this case could not have been successful.”
Williams’ co-defendant, Larry Managan Jr., previously pleaded guilty to making false statements in connection with this incident on Dec. 8, 2021. Williams and Managan are awaiting sentencing.
The FBI Mobile Field Office and Alabama Department of Corrections Law Enforcement Services Division investigated the case.
Assistant U.S. Attorney Eric Counts for the Middle District of Alabama and Trial Attorney Anna Gotfryd of the Civil Rights Division’s Criminal Section prosecuted the case.
Florida Man Sentenced to 48 Months in Federal Prison for Using Counterfeit U.S. Passport Cards in Check-Cashing SchemeRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten announced that Robert Allen Naber of Melbourne, Florida, was sentenced to 48 months in prison for fraudulent use of U.S. passport cards in the execution of bank check fraud. Naber could potentially serve a much longer time in prison because U.S. District Judge Robert J. Jonker ordered his federal sentence to run consecutively to two Iowa state prison sentences for similar conduct.
"Counterfeiters target the U.S. passport card because it is a lesser-known identity document and cheaper than other identifying documents to produce,” said U.S. Attorney Totten. “I applaud the investigative work that went into this case to hold Mr. Naber accountable as a fraudster, to prevent further financial losses to banks, and to protect unsuspecting individuals from becoming victims of identity theft.”
According to court records, beginning in January 2022, Naber obtained counterfeit U.S. passport cards with the names and other details of victims whose personal identifying information had been stolen and posted on the Dark Web. He also obtained their bank account information and created forged checks in their names. The counterfeit cards contained the victims’ personal information but had Naber’s photograph on them. Naber then used the cards to cash forged checks from bank accounts in Iowa, North Carolina, and Kent County, Michigan. He was briefly arrested after cashing checks in Iowa, but absconded from bond and continued his criminal activity.
The scheme ended in August 2022, when Naber was arrested in Locust, North Carolina while he was attempting to cash a check there. He was transferred to the Western District of Michigan for federal prosecution based on checks he passed in Kent County.
“Individuals and organized criminal groups are using counterfeit U.S. passport cards with increasing frequency in identity theft and related fraud schemes targeting financial institutions and retailers,” said U.S. Department of State's Diplomatic Security Service Detroit Resident Agent-in-Charge Matt Kupec. “The Diplomatic Security Service is committed to working with our partners to stop crimes that have the potential to result in millions of dollars in losses throughout the Midwest Region.”
The case was investigated by the U.S. Department of State's Diplomatic Security Service, with assistance from the Kent County Sheriff’s Office, the Grand Rapids Police Department, the Greenfield, Wisconsin Police Department, the Des Moines, Iowa Police Department, and the Locust, North Carolina Police Department. Assistant U.S. Attorney Clay Stiffler and former Assistant U.S. Attorney Clay West prosecuted the case.
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Final Defendant in Red Lake Arson Case Sentenced to Five Years in PrisonRead the Press Release
MINNEAPOLIS– A Red Lake woman has been sentenced to 60 months in prison followed by two years of supervised release for her role in an arson conspiracy on the Red Lake Indian Reservation, announced United States Attorney Andrew M. Luger.
According to court documents, Dalene Roberta Fajardo, 35, Corey Leigh Stately, 40, and Lori Anna Sayers, 33, conspired and knowingly agreed to commit arson to maliciously damage and destroy personal and real property by means of fire or explosive materials. On April 30, 2021, Fajardo and her co-defendants made Molotov cocktail devices, traveled to a location on the Red Lake Reservation, and threw the Molotov cocktails at a 2018 Chevrolet Tahoe. As a result, the vehicle was destroyed and a nearby residence partially burned. The residence’s occupants, including children, were all forced to evacuate.
Fajardo pleaded guilty on March 7, 2023, to one count of aiding and abetting arson. She was sentenced on August 14, 2023, in U.S. District Court before Chief Judge Patrick J. Schlitz. Stately and Sayers were previously sentenced to five and three months in prison, respectively, for their roles in the arson.
This case is the result of a joint investigation conducted by the Red Lake Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Federal Bureau of Investigation.
This case was prosecuted by Assistant U.S. Attorneys Evan Gilead and Laura M. Provinzino.
Final Defendant Sentenced in South Carolina’s Largest RICO ConspiracyRead the Press Release
WASHINGTON – The 40th and final defendant prosecuted as part of the District of South Carolina’s case against the Insane Gangster Disciples (IGD), a branch of the nationwide Folk Nation gang, was sentenced today.
“The incarcerated leadership of the IGD maintained the gang’s lucrative drug enterprise by ordering murders and terrorizing neighborhoods throughout South Carolina,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “This vertical prosecution of 40 gang leaders, members, and associates has disrupted the criminal enterprise both inside and outside of prison. The case demonstrates the Department’s resolve to pursue and dismantle these organizations wherever they operate.”
According to court documents, the IGD was a sprawling criminal enterprise that included inmates within the South Carolina Department of Corrections (SCDC) who were gang leaders and used contraband cell phones to orchestrate murders, kidnappings, gun trafficking, and an international drug operation. James Robert Peterson, 35, of Gaffney; Edward Gary Akridge, 31, of Greenville; Matthew J. Ward, 39, of Lexington; and Juan Rodriguez, 43, of Woodruff, orchestrated the crimes from inside SCDC where they were inmates. IGD also included non-incarcerated members who committed crimes outside the prison system. In South Carolina, IGD was divided into three primary “sets,” each with its own leader.
“Contraband cellphones allowed gang leaders to perpetuate violence, traffic guns, and run an international drug operation from behind bars,” said U.S. Attorney Adair F. Boroughs for the District of South Carolina. “Through a years-long, multi-agency partnership with state, local, and federal law enforcement, we have dismantled this criminal enterprise and held accountable both the incarcerated defendants and those who enabled them. We will continue to vigorously investigate and prosecute inmates who use contraband phones to continue their criminal conduct from prison.”
Since the initial indictment in this case, all charged defendants have pleaded guilty to conspiracy under the Racketeer Influenced Corrupt Organizations (RICO) Act, the Violent Crimes in Aid of Racketeering (VICAR) statute, or to conspiracy to distribute and possess with intent to distribute narcotics (including methamphetamine, cocaine, heroin, and fentanyl). Ten defendants were charged with either VICAR murder or kidnapping resulting in death – all of whom pleaded guilty as charged.
Nineteen of the 40 defendants in the case were sentenced on racketeering charges to the following prison terms:
- Peterson, the leader of a gang set within IGD, was sentenced to life in prison after pleading guilty to RICO conspiracy and kidnapping resulting in death.
- Ward, the leader of a gang set within IGD, was sentenced to 23 years in prison after pleading guilty to RICO conspiracy.
- Akridge, the leader of a gang set within IGD, was sentenced to 30 years in prison after pleading to RICO conspiracy and VICAR murder.
- Aaron Michael Carrion, 31, of Lexington, a member of and enforcer for IGD, was sentenced to 35 years in prison after pleading guilty to RICO conspiracy and VICAR murder.
- Aaron Corey Sprouse, 31, of Gaffney, a member of IGD, was sentenced to 20 years in prison after pleading guilty to RICO conspiracy and VICAR kidnapping.
- Arian Grace Jeane, 29, of Greenville, a member of IGD, was sentenced to over 15 years in prison after pleading guilty to RICO conspiracy and aiding and abetting VICAR murder.
- Cynthia Rooks, 55, of Lexington, an associate of IGD, was sentenced to over 11 years in prison after pleading guilty to RICO conspiracy.
- Lisa Marie Bolton, 35, of Dallas, North Carolina, an associate of IGD, was sentenced to over 10 years in prison after pleading guilty to RICO conspiracy.
- Jonathan Eugene Merchant, 30 of Laurens, a member of IGD, was sentenced to 20 years in prison after pleading guilty to aiding and abetting VICAR murder.
- Joshua Lee Scott Brown, 25, of Greenville, a member of IGD, was sentenced to 20 years in prison after pleading guilty to aiding and abetting VICAR murder.
- Alex Blake Payne, 31, of Greenville, a member of IGD, was sentenced to over nine years in prison after pleading guilty to RICO conspiracy.
- Virginia Ruth Ryall, 46, of Gastonia, North Carolina, an associate of IGD, was sentenced to 17 years in prison after pleading guilty to RICO conspiracy.
- Sally Williams Burgess, 40, of Greenville, an associate of IGD, was sentenced to 15 years in prison after pleading guilty to RICO conspiracy.
- Jennifer Sorgee, 39, of Easley, an associate of IGD, was sentenced to 10 years in prison after pleading guilty to RICO conspiracy.
- Heather Henderson Orrick, 36, of Greenville, an associate of IGD, was sentenced to 10 years in prison after pleading guilty to RICO conspiracy.
- Crystal Nicole Bright, 43, of Lexington, a member of IGD, was sentenced to over five years in prison after pleading guilty to RICO conspiracy.
- Lisa Marie Costello, 46, of Gaffney, an associate of IGD, was sentenced to over four years in prison after pleading guilty to RICO conspiracy.
- Amber Hoffman, 39, of Lexington, an associate of IGD, was sentenced to over five years in prison after pleading guilty to RICO conspiracy.
- Clifford Kyzer, 38, of Lexington, an associate of IGD, was sentenced to over 11 years in prison after pleading guilty to RICO conspiracy.
Twenty-one other defendants in this case have also been sentenced to charges stemming from the IGD’s far-reaching narcotics organization after pleading guilty to narcotics distribution conspiracy, possession with intent to distribute narcotics, and/or firearms offenses and related charges. The following are those defendants and their prison terms:
- Rodriguez was sentenced to 10 years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Samuel Dexter Judy, 31, of Lexington, was sentenced to 13 years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Kelly Jordan, 37, of Williamston, was sentenced to 10 years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Richard Ford, 65, of Lexington, was sentenced to seven years in prison after pleading guilty to conspiracy to distribute a controlled substance and related charges.
- Brian Bruce, 51, of West Columbia, was sentenced to four years of supervised release after pleading guilty to conspiracy to distribute a controlled substance.
- Montana Barefoot, 28, of Lexington, was sentenced to five years of supervised release after pleading guilty to conspiracy to distribute a controlled substance.
- John Johnson, 39, of Gaston, was sentenced to 10 years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Kelly Still, 46, of Windsor, was sentenced to 10 years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Benjamin Singleton, 49, of Lexington, was sentenced to over nine years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Kyla Mattoni, 41, of Lexington, was sentenced to six years in prison after pleading guilty to conspiracy to distribute a controlled substance, felon in possession of a firearm, and related charges.
- Alexia Youngblood, 41, of Lexington, was sentenced to five years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Rebecca Martinez, 36, of Lexington, was sentenced to five years of supervised release after pleading guilty to conspiracy to distribute a controlled substance.
- Mark Edward Slusher, 49, of Lexington, was sentenced to over seven years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Robert Figueroa, 46, of West Columbia, was sentenced to 10 years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Britney Shae Stephens, 35, of Anderson, was sentenced to five years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Matthew Edward Clark, 44, of York, was sentenced to three years of supervised release after pleading guilty to conspiracy to distribute a controlled substance.
- Catherine Amanda Ross, 31, of Gaffney, was sentenced to over 10 years in prison after pleading guilty to aiding and abetting kidnapping.
- Brandon Lee Phillips, 39, of Gaffney, was sentenced to time served after serving approximately four years in prison, followed by two years of supervised release, after pleading guilty to conspiracy to distribute a controlled substance.
- Billy Wayne Ruppe, 58, of Gaffney, was sentenced to six years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Windy Brooke George, 24, of Gaffney, was sentenced to 10 years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Tiffanie Brooks, 39, of Columbia, was sentenced to over three years in prison after pleading guilty to conspiracy to distribute a controlled substance.
In connection with the investigation and prosecution of this case, law enforcement seized approximately 40 kilograms of methamphetamine, more than 130 firearms, and various quantities of heroin and fentanyl.
“ATF joined our local, state, and federal partners in a very dedicated and focused effort to make a long-lasting impact on the level of gun violence and gang activity in South Carolina,” said Acting Special Agent in Charge Brian Mein of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “We brought some extremely dangerous individuals to justice and recovered over a hundred firearms from a criminal organization intent on harming our communities. Disrupting these major criminal networks will have a significant impact on public safety across the state.”
“This sentence marks the end of an era for a violent organization responsible for a multitude of criminal activities across South Carolina that negatively impacted the way of life for many communities,” said Special Agent in Charge Steve Jensen of the FBI Columbia Field Office. “The FBI and our law enforcement partners are committed to dismantling complex criminal enterprises and ensuring that our communities are safe and secure.”
The case is the result of a multi-agency effort to dismantle the IGD by the ATF, FBI, Lexington County Sheriff’s Department, Lexington County Multi-Agency Narcotics Enforcement Team SCDC, Greenville County Sheriff’s Office, Anderson County Sheriff’s Office, South Carolina Law Enforcement Division, Cherokee County Sheriff’s Office, Laurens County Sheriff’s Office, and Richland County Sheriff’s Department. The South Carolina Attorney General’s Office, Fifth Circuit Solicitor’s Office, Eighth Circuit Solicitor’s Office, Eleventh Circuit Solicitor’s Office, and Thirteenth Circuit Solicitor’s Office provided valuable assistance.
Trial Attorney Rebecca Dunnan and Principal Deputy Kim S. Dammers of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Justin Holloway for the District of South Carolina prosecuted the case. Attorneys Brandon B. Hinton, formerly of the U.S. Attorney’s Office, and Lisa K. Man, formerly of the Organized Crime and Gang Section, also assisted with the case.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Justice Department’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.
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Federal Grand Jury Indicts Tompkinsville Man for Methamphetamine TraffickingRead the Press Release
Bowling Green, KY – A federal grand jury in Bowling Green, Kentucky returned an indictment on August 9, 2023, charging a Tompkinsville, Kentucky man with methamphetamine trafficking.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge J. Todd Scott of the DEA Louisville Field Division, and Director Ron Lafferty of the Barren River Drug Task Force made the announcement.
According to the indictment, on June 6, 2023, Corey Shirley, 29, possessed with the intent to distribute 50 grams or more of methamphetamine in Monroe County, Kentucky. Shirley also distributed 50 grams or more of methamphetamine on December 21, 2021, in Monroe, County, Kentucky.
Yesterday, Shirley made an initial appearance before a U.S. Magistrate Judge in the United States District Court for the Western District of Kentucky. If convicted, he faces a minimum sentence of 10 years in prison and a maximum sentence of life. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors. There is no parole in the federal system.
This case is being investigated by the DEA Bowling Green Post of Duty Office and the Barren River Drug Task Force.
Assistant U.S. Attorney Mark J. Yurchisin II, of the U.S. Attorney’s Bowling Green Branch Office, is prosecuting this case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Essex County Man Indicted for Sex Trafficking Minor and Transportation to Engage in Prostitution OffensesRead the Press Release
TRENTON, N.J. – An Essex County, New Jersey, man was arraigned today on charges of sex trafficking and prostitution-related offenses, U.S. Attorney Philip R. Sellinger announced.
Amin Sharif, 48, of Newark, is charged in a five-count indictment with one count of attempted transportation of a victim with intent to engage in prostitution, one count of sex trafficking of a minor, one count of use of an interstate facility to promote unlawful activity, one count of transporting a victim with intent to engage in prostitution, and one count of persuading a victim to travel to engage in prostitution. Sharif was previously charged by criminal complaint in January 2022 on charges of sex trafficking and is detained. He was arraigned today before U.S. Magistrate Judge Michael A. Shipp in Trenton federal court and entered a plea of not guilty.
According to documents filed in this case and statements made in court:
Since January 2021, law enforcement has been investigating Sharif for transporting and attempting to transport women and minors from various states to New Jersey and elsewhere for the purpose of engaging in commercial sex acts and other illicit conduct. Sharif used several social media platforms and profiles to recruit women and minors to engage in sex acts for money. He advertised women and at least one underage girl online for commercial sex acts. The indictment charges Sharif with conduct related to four different victims.
The sex trafficking of a minor charge carries a mandatory minimum penalty of 10 years in prison and a maximum penalty of life in prison. The transporting victim with intent to engage in prostitution charges each carry a maximum penalty of 30 years in prison, and the persuading a victim to travel to engage in prostitution charge carries a maximum penalty of 60 years in prison. The use of an interstate facility to promote unlawful activity charge carries a maximum penalty of five years in prison. Each count also carries a potential fine of up to $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 charges.
The government is represented by Assistant U.S. Attorney Farhana C. Melo of the Criminal Division in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
sharif.indictment.pdfDistrict Man Pleads Guilty in Fatal Stabbing of Another ManRead the Press Release
WASHINGTON – Michael Caldwell, 28, of Washington, D.C., pleaded guilty to stabbing a man to death on June 4, 2023, announced U.S. Attorney Matthew M. Graves and Acting Chief Pamela A. Smith, of the Metropolitan Police Department (MPD). Caldwell pleaded guilty on August 14, 2023, in the Superior Court of the District of Columbia, to a charge of voluntary manslaughter while armed. The Honorable Marybeth Raffinan accepted the plea and scheduled sentencing for October 16, 2023.
According to the government’s evidence, on June 4, 2023, at approximately 11:30 p.m., the defendant, Michael Caldwell, and the victim, Damien Thompson, engaged in a verbal argument in the street in front of 4305 Halley Ter SE, Washington, D.C. At one point the victim threw a bottle at Caldwell, at which point Caldwell removed a knife from his pants. The two men continued to verbally argue for approximately 45 seconds, at which point the victim attempted to strike Caldwell with a plastic chair. Caldwell lunged at the victim and stabbed him in the chest, causing the victim to fall to the ground unconscious. Caldwell then proceeded to stab the victim eight more times in the torso before walking away from the scene.
The victim, Damien Thompson, sustained nine stab wounds to the torso and died a short time later. Caldwell was arrested the next day by the Metropolitan Police Department. He has been in custody ever since.
In announcing the plea, U.S. Attorney Graves and Acting Chief Smith commended the work of those who investigated the case from the Metropolitan Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Karina Hernandez and Lead Paralegal Specialist Sharon Newman. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Joshua Hall, who investigated and prosecuted the case.
District Man Pleads Guilty in Armed Carjacking SpreeRead the Press Release
Defendant Shot at Officers and Burglarized Residence While Fleeing Police
WASHINGTON – Tywan Jamad Cummings, 43, of Washington, D.C., pleaded guilty today in U.S. District Court in the District of Columbia to charges stemming from a May 2020 armed carjacking spree, during which he shot at responding police officers and burglarized a private residence, announced U.S. Attorney Matthew M. Graves and Acting Chief Pamela Smith, of the Metropolitan Police Department (MPD).
Cummings pleaded guilty to carjacking; using, possessing, carrying, and brandishing a firearm during a crime of violence; and assaulting, resisting, or interfering with a police officer with a dangerous weapon. U.S. District Court Judge Colleen Kollar-Kotelly scheduled a sentencing hearing for January 19, 2024.
According to the government’s evidence, on the morning of May 17, 2020, in the Trinidad neighborhood of Northeast Washington, D.C., the defendant pointed an AR-style rifle at a man who was putting air into his tire, taking the vehicle at gunpoint. The defendant then drove the vehicle into Maryland and, only minutes later, carjacked a nurse outside a hospital in Prince George’s County at gunpoint. Later that evening, in the early morning hours of May 18, 2023, multiple Maryland law enforcement agencies (to include the Bowie, Montgomery County, and Prince George’s County Police Departments) pursued the defendant—who was by this time driving a different stolen vehicle—into Southeast Washington, D.C. MPD officers were also on scene to assist. The defendant crashed the vehicle near a gas station and, while fleeing on foot, opened fire on the Maryland and MPD police officers with a handgun. Shortly after 2:00 a.m., the defendant burglarized an occupied residence and hid in an upstairs bedroom, where he was arrested without further incident. Officers recovered a .40 caliber semiautomatic handgun from the defendant, the AR-style rifle from the stolen vehicle, and over 100 rounds of ammunition. No victim sustained physical injuries during the spree.
Cummings was arrested May 18, 2020 and has been in custody ever since.
Carjacking carries a maximum sentence of 15 years’ imprisonment and a $250,000 fine. Using, carrying, possessing, and brandishing a firearm during a crime of violence carries a mandatory minimum term of seven years’ imprisonment—which must run consecutive to the sentence on the carjacking conviction—and a maximum sentence of life imprisonment and a $250,000 fine. Assaulting, resisting, or interfering with a police officer with a dangerous weapon with a dangerous weapon carries a mandatory minimum term of five years’ imprisonment and a maximum sentence of 30 years’ imprisonment and a $75,000 fine.
A federal judge will determine the appropriate sentenced after considering the applicable guideline range and other relevant factors.
In announcing the plea, U.S. Attorney Graves and Acting Chief Smith commended the work of those who investigated the case from the Metropolitan Police Department. Valuable assistance was provided by the Bowie Police Department, the Montgomery County Police Department, and the Prince George’s County Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Karla Nunez.
Finally, they commended the efforts of Assistant United States Attorneys Emory V. Cole and Paul V. Courtney, who investigated and prosecuted the case.
Derry Man Indicted in Connection with Importing, Manufacturing, and Distributing SteroidsRead the Press Release
CONCORD – A Derry man has been indicted by a federal grand jury in connection with importing, manufacturing, and distributing steroids, U.S. Attorney Jane E. Young announces.
Ralph Cardarelli, 44, was indicted with distribution or possession with intent to distribute controlled substances and causing a drug to become misbranded after shipment in interstate commerce. Cardarelli was charged by complaint on July 17, 2023.
According to the charging documents, during the execution of a search warrant at Cardarelli’s residence on March 23, 2023, federal investigations discovered over 4800 vials and bottles of suspected controlled substances and prescription drugs, including: Nandrolone Phenylpropionate; Trenbolone Acetate; Dromostanolone Propionate; Boldenone Undecylenate; Testosterone Propionate; Trenbolone Enanthate; Nandrolone Decanoate; Testosterone Enanthate; and Testosterone Cypionate. These drugs are commonly known as steroids. Evidence was also discovered through the search warrant that Cardarelli was importing these drugs, manufacturing, and packaging them in his residence, and dispensing the drugs without requiring a prescription.
The charge of distribution or possession with intent to distribute controlled substances provides for a sentence of up to 10 years in prison, at least 2 years of supervised release, and a fine of up to $500,000.00. The charge of causing a drug to become misbranded after shipment in interstate commerce provides for a sentence of up to 1 year in prison and a fine of up to $1,000.00. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
The Food and Drug Administration – Office of Criminal Investigations led the investigation. Valuable assistance was provided by Customs and Border Protection, Homeland Security Investigations, and the Derry Police Department. Assistant U.S. Attorney Geoffrey W.R. Ward 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.
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Dealer Who Distributed Heroin Resulting in Overdose Sentenced to Federal PrisonRead the Press Release
A drug dealer who sold heroin in Dubuque, Iowa, was sentenced today to 38 months in federal prison.
John Andrew Pruitt, age 39, of Pueblo West, Colorado, received the prison sentence after a March 30, 2023 guilty plea to one count of distribution of a controlled substance.
Evidence at the sentencing hearing established that Pruitt supplied heroin users in the Dubuque area with controlled substances from at least 2017 until 2022. In March 2020, Pruitt supplied an individual with purported heroin, and that individual subsequently overdosed. Despite learning about this overdose, Pruitt nonetheless continued to sell drugs in the Dubuque area.
Pruitt was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. He was sentenced to 38 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Pruitt is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Nicole L. Nagin and Assistant United States Attorney Jason D. Norwood and investigated by the Dubuque Drug Task Force as part of the Northern Iowa Heroin Initiative.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-1030.
Follow us on Twitter @USAO_NDIA.
Dealer of Fentanyl-Laced Heroin That Resulted in the Overdose Death of Actor Michael K. Williams Sentenced to 10 Years in PrisonRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that IRVIN CARTAGENA, a/k/a “Green Eyes,” was sentenced today to 10 years in prison for conspiring to distribute heroin, fentanyl, and fentanyl analogue. As part of the conspiracy, CARTAGENA distributed the fentanyl-laced heroin that resulted in the death of Michael K. Williams. CARTAGENA pled guilty on April 5, 2023, before U.S. District Judge Ronnie Abrams, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “On September 5, 2021, Irvin Cartagena sold Michael K. Williams a fatal dose of heroin laced with fentanyl and a fentanyl analogue. Michael K. Williams tragically lost his life after using the drugs sold to him by Cartagena. Although their product had already claimed one life, Cartagena and his co-conspirators continued to sell potentially lethal fentanyl-laced heroin. This Office will tenaciously continue our enforcement efforts against unscrupulous drug dealers who distribute poison and exacerbate the scourge of the fentanyl epidemic.”
According to the allegations in the complaints, court filings, and statements made in Court:
Between at least in or about August 2020 and February 2022, a drug trafficking organization (the “DTO”) was operating in the vicinity of 224 South 3rd Street in the Williamsburg neighborhood of Brooklyn, New York. The DTO sold heroin laced with fentanyl and a fentanyl analogue on the street in front of, and from an apartment inside of, the apartment building located at 224 South 3rd Street, among other places. On or about September 5, 2021, in connection with the DTO’s drug sales, CARTAGENA sold Michael K. Williams heroin, which was laced with fentanyl and a fentanyl analogue. Williams died as a result of using that fentanyl-laced heroin. Despite knowing that Williams died after being sold the DTO’s product, CARTAGENA and his co-conspirators continued to sell fentanyl-laced heroin in broad daylight amidst residential apartment buildings in Brooklyn and Manhattan. CARTAGENA fled to Puerto Rico after Williams’ death, where he was ultimately arrested in February 2022.
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In addition to his prison term, CARTAGENA, 40, of Aibonito, Puerto Rico, was sentenced to five years of supervised release.
Mr. Williams praised the outstanding work of the New York City Police Department and the New York/New Jersey High Intensity Drug Trafficking Area Intelligence Analysts. Mr. Williams also thanked the Organized Crime Drug Enforcement Task Force New York Strike Force, the U.S. Marshals Service, the New York/New Jersey Regional Fugitive Task Force, and the New York Division of the Drug Enforcement Administration for their assistance in this case.
This case is being handled by the Office’s Narcotics Unit. Assistant U.S. Attorneys Micah Fergenson and David Robles are in charge of the prosecution.
Covington Man Pleads Guilty to Wire FraudRead the Press Release
NEW ORLEANS – MARC QUIROZ (“QUIROZ”),a resident of Covington, Louisiana, pled guilty in federal court on August 17, 2023 before Chief U.S. District Judge Nannette Jolivette Brown to one count of wire fraud in violation of Title 18, United States Code, Section 1343 in connection with a scheme to defraud the Department of Veterans Affairs, announced U.S. Attorney Duane A. Evans.
QUIROZ’s co-conspirators, James Thomas Sinyard, Jr., a/k/a Jay Sinyard, and Mary Gigi Sinyard, a/k/a Gigi Sinyard, were charged by bill of information on February 14, 2023. On May 18, 2023, Jay and Gigi Sinyard pled guilty to one count of wire fraud. (EDLA Case No. 23-30 “G”). Co-conspirator John Sutton was charged by bill of information on June 13, 2023. On August 17, 2023, Sutton pled guilty to one count of wire fraud. (EDLA Case No. 23-122 “M”).
According to the bill of information, QUIROZ submitted fraudulent affidavits for home aid services provided when he knew that those services were not actually provided. As part of the scheme to defraud, beginning in or around April 2013 and continuing until July 2018, QUIROZ did knowingly devise and intend to devise a scheme and artifice to defraud the United States Department of Veterans Affairs (Veterans Affairs) and to obtain money and property by submitting false affidavits and applications to Veterans Affairs on behalf of veterans and their spouses, claiming that VetAttend had provided home services to the veterans, when in fact, it had not. During the scheme to defraud, Veterans Affairs issued funds to over 300 veterans and/or their surviving spouses from which QUIROZ fraudulently appropriated, without the knowledge of the veterans, totaling approximately $4,065,969.18.
QUIROZ faces a possible maximum term of imprisonment of twenty years, up to a $250,000 fine, up to three (3) years of supervised release, and a mandatory $100 special assessment fee. The Court set sentencing of MARC QUIROZ for November 30, 2023
The U.S. Attorney’s Office praised the work of the Department of Veterans Affairs – Office of Inspector General. The prosecution of the case is being handled by Assistant United States Attorney Kathryn McHugh, of the Financial Crimes Unit.
Court Finds that Texas Law Requiring the Rejection of Mail Ballots and Applications Violates the Civil Rights ActRead the Press Release
The U.S. District Court for the Western District of Texas ruled yesterday that portions of Texas Senate Bill 1, adopted in September 2021, violate the Civil Rights Act of 1964. The court found that parts of S.B. 1 require officials to reject mail-in ballot applications and mail-in ballots based on errors or omissions that are not material in determining whether voters are qualified under Texas law to vote or cast a mail ballot.
“The District Court’s decision affirms what the Justice Department has argued for nearly two years: these provisions of Texas Senate Bill 1 unlawfully restrict the ability of eligible Texas voters to vote by mail and to have that vote counted,” said Attorney General Merrick B. Garland. “The Justice Department will continue to defend against unlawful efforts that undermine the right to vote and restrict participation in our democracy.”
“In requiring rejection of mail ballots and mail ballot applications from eligible voters based on minor paperwork errors or omissions, Texas Senate Bill 1 violates the Civil Rights Act,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This ruling sends a clear message that states may not impose unlawful and unnecessary requirements that disenfranchise eligible voters seeking to participate in our democracy. The Justice Department will continue to use every available tool to protect all Americans’ right to vote and to ensure that their voices are heard.”
“The right to vote is one of the fundamental rights in our democracy,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “This important ruling protects the rights of eligible Texas voters to cast a vote and have it counted consistent with federal law.”
The court issued a preliminary ruling yesterday in favor of the United States’ motion for summary judgment, which asserts that two provisions of S.B. 1 violate Section 101 of the Civil Rights Act by requiring rejection of mail ballots and mail ballot request forms because of paperwork errors that are not material to establishing a voter’s eligibility to cast a ballot. The first provision requires that early voting clerks “shall reject” mail ballot applications that do not include a Texas driver’s license or ID number that identifies “the same voter identified on the applicant’s application for voter registration.” The second provision provides that a mail ballot “may be accepted only if” the ID numbers on the carrier envelope or signature sheet identifies “the same voter identified on the applicant’s application for voter registration.”
Section 5.07 requires that early voting clerks “shall reject” mail ballot applications that do not include a Department of Public Safety (DPS) number or the last four digits of a Social Security Number (SSN) that identifies “the same voter identified on the applicant’s application for voter registration.” Section 5.13 provides that a mail ballot “may be accepted only if” the DPS number or last four digits of an SSN on the carrier envelope or signature sheet identifies “the same voter identified on the applicant’s application for voter registration.”
The United States presented evidence to the court that S.B. 1 has resulted in Texas election officials rejecting tens of thousands of mail ballot applications and mail ballots cast in elections since the bill was enacted in 2021. The Department asserts that these rejections violate federal law, denying Texas voters the statutory right to vote protected by Section 101.
Yesterday’s preliminary ruling from the court grants the Justice Department’s motion for summary judgment, which the Department filed in May 2023, in its entirety. The decision addresses the Justice Department’s sole pending claim in La Unión del Pueblo Entero v. Abbott, No. 5:21-cv-844 (WDTX), a case in which the United States and several private parties are challenging various aspects of S.B. 1. The court noted that the ruling will be followed in the coming weeks by a final written opinion and order. A group of private plaintiffs will be going to trial on the remaining claims in the case, which have not yet been resolved. That trial is scheduled to begin on Sept. 11.
Complaints about discriminatory practices may be reported to the Civil Rights Division through its internet reporting portal at www.civilrights.justice.gov or by calling (800) 253-3931.
Additional information about the Civil Rights Division’s work to uphold and protect the voting rights of all Americans is available on the Justice Department’s website at www.justice.gov/crt/voting-section.
Cherokee County Resident Pleads Guilty to Possession with Intent to Distribute MethamphetamineRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Justin Dale Killer, age 40, of Stilwell, Oklahoma, entered a guilty plea to one count of Possession with Intent to Distribute Methamphetamine and one count of Felon in Possession of a Firearm.
The Indictment alleged that on February 6, 2023, Killer possessed a quantity of methamphetamine with the intent to distribute it, and possessed a firearm despite knowing that he was a convicted felon, having been convicted of a crime that has a term of punishment exceeding one year imprisonment.
The charges arose from an investigation by the Federal Bureau of Investigation and the Stillwell Police Department.
The Honorable D. Edward Snow, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the plea in Muskogee, Oklahoma, and ordered the completion of a presentence investigation report. Killer was remanded to the custody of the U.S. Marshal pending sentencing.
Assistant United States Attorney Ryan Bondura represented the United States.
Cell Tower Arsonist Pleads Guilty to Eight Counts in San AntonioRead the Press Release
SAN ANTONIO – A San Antonio man pleaded guilty in federal court in San Antonio on Thursday to eight charges in two indictments related to arson and felon in possession of a firearm.
According to court documents, Sean Aaron Smith, 29, maliciously attempted to damage and destroy, by means of fire, multiple cellular telephone towers around San Antonio between April 2021 and May 2022.
Smith was arrested in a traffic stop on May 13, 2022. During the traffic stop, law enforcement officers located a handgun on the floorboard in front of the driver’s seat. Executing a search warrant for Smith’s apartment on May 15, 2022, investigators found additional firearms. Smith knowingly possessed the firearms after being previously convicted of two felony crimes where he served more than a year imprisonment on each.
Smith pleaded guilty to six counts of arson of cellphone towers and two counts of felon in possession of a firearm. He faces a penalty of five to 20 years in prison for each charge related to arson, and up to 10 years in prison for each firearm possession charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Oliver E. Rich Jr. for the FBI San Antonio Division made the announcement.
The San Antonio Fire Department Arson squad, FBI, San Antonio Police Department, Texas Department of Public Safety, and Texas Rangers are investigating the case.
Assistant U.S. Attorney Mark Roomberg is prosecuting the case.
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Castro Valley Resident Sentenced to 2½ Years in Prison in Connection with Prolific Pandemic Relief Fraud SchemeRead the Press Release
SAN FRANCISCO– Idowu Hashim Shittu was sentenced to 30 months in prison for fraudulently obtaining pandemic-related unemployment benefits from numerous state agencies, announced United States Attorney Ismail Ramsey; United States Department of Labor, Office of Inspector General (“DOL-OIG”) Special Agent in Charge Quentin Heiden; and Federal Bureau of Investigation Special Agent in Charge Robert K. Tripp. The sentence was handed down by the Hon. Haywood S. Gilliam, Jr., United States District Judge.
Shittu, 48, of Castro Valley, pleaded guilty to the charges on March 1, 2023. According to his plea agreement, from at least April through July of 2020, Shittu engaged in a scheme to obtain reloadable debit cards issued in the names of other people and to use the cards to make expenditures for his personal use. The cards, referred to in the plea agreement as “Green Dot Cards,” contained unemployment benefits distributed by various state agencies. Shittu did not know the persons to whom the unemployment insurance benefits were issued, nor did Shittu obtain the consent of the persons before he used the cards issued in their names.
“In the wake of a global pandemic, our federal government passed laws to ease the suffering of those who were in financial distress. Shittu sought to take advantage of the situation by stealing unemployment benefits made available to those in need. We are proud to be working with our partners at the FBI and the Department of Labor to bring such bad actors to justice.”
“Idowu Hashim Shittu engaged in a scheme to fraudulently obtain over $1,600,000 in unemployment insurance (UI) benefits in the names of identity theft victims. He stole benefits intended to assist those who became unemployed due to the COVID-19 pandemic,” said Quentin Heiden, Special Agent-in-Charge, Western Region, U.S. Department of Labor, Office of Inspector General. “This sentencing demonstrates that those who defraud the UI program will be held accountable. We will continue to work with our law enforcement partners to investigate those who exploit these benefit programs.”
“Shittu stole more than $2.2 million in unemployment benefits by using the identities of innocent victims. His scheme deprived those truly in need during the pandemic crisis, and he will now face the consequences of his actions," said FBI Special Agent in Charge Tripp. "The FBI is committed to identifying and investigating those who steal government benefits designed to help our citizens in need."
The unemployment benefits at issue were made available as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). In passing the CARES Act, the federal government authorized the payment of hundreds of billions of dollars in unemployment benefits to those affected by the COVID-19 pandemic. In most cases, state authorities were responsible for distributing those unemployment benefits to their residents. Shittu admitted that he obtained Green Dot Cards issued to other people, that the cards were obtained by fraud, and that the persons whose unemployment insurance benefits were loaded onto the cards never consented to have Shittu use the cards. Shittu also admitted that his participation in the scheme resulted in a loss of between $1.5 million and $3.5 million.
The plea agreement describes how Shittu used the Green Dot Cards issued to three different persons—all residents of the State of Washington. The first victim is identified in the plea agreement only by the initials, “S.O.” Shittu admitted that S.O. never submitted a claim for unemployment benefits and that S.O.’s card was obtained through fraud. Further, Shittu acknowledged that he completed multiple transactions with the card—including one transaction for $950 and two transactions, each for $1,000, at a Walmart store in San Jose, Calif.—with the intent to defraud. Similarly, Shittu acknowledged using a card issued in the name of a second victim to make multiple cash withdrawals at Walmart stores in Hayward, Castro Valley, and San Leandro. In addition, in the Spring of 2020, Shittu used the card of a third victim to withdraw cash and to pay for service to his BMW 5-series automobile.
On July 29, 2020, law enforcement officers searched Shittu’s residence and found over $500,000 in cash split between a plastic container in a garage and a backpack under a bathroom sick. Officers also found over 400 Green Dot Cards issued to other individuals. The Green Dot Cards were loaded with over $1.6 million in unemployment benefits from various state agencies.
On May 18, 2022, Shittu was charged by felony information with three counts of effecting transactions with access devices issued to other persons, in violation of 18 U.S.C. § 1029(a)(5). Shittu pleaded guilty to all three counts.
In addition to the prison term, Judge Gilliam also ordered Shittu to serve a three-year term of supervised release after being released from prison and pay restitution in the amount of $1,615,614 split among state employment agencies in Illinois, Nevada, New York, and Ohio. Judge Gilliam ordered Shittu to self-surrender on or before October 11, 2023, to begin serving his prison term.
Special Assistant U.S. Attorney Christopher J. Carlberg is prosecuting the case with the assistance of Mark DiCenzo. The prosecution is the result of an investigation by the United States Department of Labor, Office of Inspector General (“DOL-OIG”), Office of Investigations, Labor Racketeering and Fraud and the FBI.
Cape Coral Caretakers Sentenced to Federal Prison for Stealing More Than Half A Million Dollars from Elderly VictimRead the Press Release
Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Diane Durbon (58, Cape Coral) to 10 years in federal prison for conspiracy to commit wire fraud. Durbon’s daughter and co-defendant, Brittany Lukasik, was sentenced to 2 years’ imprisonment for conspiracy to commit wire fraud and filing a false tax return. The court also ordered Durbon and Lukasik to forfeit their Cape Coral residence, two vehicles, and approximately $542,760.23, which are traceable to proceeds of the offense. Durbon and Lukasik had pleaded guilty on March 7, 2023.
According to court documents, in 2016, Durbon and Lukasik, a registered nurse, were hired as caretakers for T.H., the 92-year-old victim. In October 2017, Durbon began unlawfully accessing T.H.’s investment accounts. To unlawfully gain access to the investment accounts, Durbon placed T.H. on the phone to answer various account security questions. Video surveillance cameras that Durbon had installed inside T.H.’s home captured Durbon putting a script that contained answers to these security questions in front of T.H. before and during each phone call.
After being given authorization to speak to an account representative on T.H.’s behalf, Durbon then moved funds from T.H.’s investment accounts into a Prime Money Market Account (PMMA) that also functioned as a checking account. After transferring the funds, checks were unlawfully issued to Lukasik, ranging in amounts from $1,000 to $9,600, which were deposited into bank accounts that Lukasik controlled and maintained. Between November 2017 and July 2019, approximately $231,659 in checks were issued to Lukasik from T.H.’s PMMA account.
Also, beginning in approximately November 2018, Durbon unlawfully gained access to T.H.’s annuity policy, similarly to how she had unlawfully gained access to T.H.’s investment accounts. In January 2019, Durbon faxed a fraudulent Annuity Withdrawal form which misrepresented that T.H. wanted to cash out T.H.’s annuity policy. This caused the annuity to issue a check to T.H. in the amount of $244,521.09. The check was deposited into one of T.H.’s checking accounts. After the check was deposited, approximately 92 checks, totaling $372,092.98, were issued to Lukasik from T.H.’s checking account between February 2019 and March 2020. The checks were deposited into bank accounts that Lukasik controlled and maintained. Moreover, Lukasik failed to report receipt of any of T.H.’s monies in her 2019 tax return.
In total, between January 2019 and March 2020, approximately $542,700 in fraudulently obtained funds were deposited into Lukasik’s accounts. After the funds were deposited, Lukasik and Durbon used the funds to pay off debt and make a variety of purchases including paying $26,354.05 for a vehicle, $17,735.17 to pay off a car loan, more than $29,000 to pay student loan debt, and more than $100,000 in credit card payments. Lukasik and Durbon also used the funds to purchase a duplex in Cape Coral, and more than $100,000 of the fraudulently obtained proceeds were used to buy electronics, furniture, and to remodel the duplex.
This case was investigated by the United States Secret Service, the Lee County Sherriff’s Office, and the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Trent Reichling.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish, and other languages are available. More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage.
Bellevue Man Convicted of Conspiring to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Susan Lehr announced that Steven Garcia, 27, of Bellevue, Nebraska, was sentenced on August 17, 2023, in federal court in Omaha for conspiring to distribute and possess with intent to distribute five grams or more of actual methamphetamine. United States District Court Judge Brian C. Buescher sentenced Garcia to 35 months’ imprisonment. He also ordered him to serve three years of supervised release after his release from prison. There is no parole in the federal system.
Between January 2020 and continuing through August 13, 2020, Garcia conspired with Fabiola Diaz to distribute methamphetamine in the Omaha area. In particular, on January 14, 2020, law enforcement executed a search warrant of the residence that Garcia shared with Diaz and seized 22.6 grams of actual methamphetamine that Garcia and Diaz intended to distribute.
On July 26, 2023, Fabiola Diaz was sentenced to 100 months’ imprisonment to be followed by three years of supervised release.
This case was investigated by the Drug Enforcement Administration.
Baltimore Man Facing Federal Indictment for Sexual Exploitation of a Minor to Produce Child Pornography and for Possession of Child PornographyRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment charging Christopher Kenji Bendann, age 39 of Baltimore, with five counts of sexual exploitation of a minor and with possession of child pornography. The indictment was returned on August 16, 2023, and unsealed today upon Bendann’s arrest.
The defendant had his initial appearance today in U.S. District Court in Baltimore. U.S. Magistrate Judge Brendan Hurson ordered that Bendann be detained pending a detention hearing scheduled for Monday, August 21, 2023, at 10:00 a.m. The detention hearing will be held in U.S. District Court in Baltimore before U.S. Magistrate Judge J. Mark Coulson.
The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron: Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Chief Robert McCullough of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to the six-count indictment, between September 16, 2017, and February 9, 2019, the defendant persuaded, induced, enticed, and coerced a minor victim to engage in sexually explicit conduct so that a visual depiction of that conduct could be produced and transmitted. Further, the indictment alleges that Bendann possessed child sexual abuse material between September 1, 2017, and January 23, 2023.
If convicted, Bendann faces a mandatory minimum sentence of 15 years and a maximum sentence of 30 years in federal prison for each of the five counts of sexual exploitation of a minor and a maximum of 10 years in federal prison for possession of child pornography. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.
United States Attorney Erek L. Barron commended the FBI, the Baltimore County Police Department and the Baltimore County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Barron thanked Assistant U.S. Attorney Colleen E. McGuinn, who is prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Armed Career Criminal Sentenced to 15 Years for Possessing Firearms and AmmunitionRead the Press Release
Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Samuel Robert Bruner (47, North Fort Myers) to 15 years in federal prison for possessing firearms and ammunition as a convicted felon. The court also ordered Bruner to forfeit the firearms and ammunition, which are traceable to proceeds of the offense. Bruner had pleaded guilty on May 30, 2023.
According to court documents, on December 1, 2021, deputies from the Lee County Sheriff’s Office found Bruner in possession of two revolvers, a shotgun, and assorted ammunition in a vehicle he was operating. At the time, Bruner had prior felony convictions and was therefore prohibited from possessing firearms or ammunition under federal law. Bruner has at least three prior felony convictions that qualify under federal law as either a “violent felony” or a “serious drug offense” subjecting him to enhanced punishment as an Armed Career Criminal.
This case was investigated by the Lee County Sheriff’s Office and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Mark R. Morgan.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make out 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 first place, setting focused and strategic enforcement priorities, and measuring the results.
Antioch and Pittsburg Police Officers and Employee Charged with Various Crimes Ranging from Using Excessive Force to Defrauding Their EmployersRead the Press Release
SAN FRANCISCO - A federal grand jury in San Francisco returned four separate indictments August 17, 2023 that, collectively, charge ten current and former officers and employees from the Antioch and Pittsburg police departments with various crimes ranging from excessive force to fraud, announced United States Attorney Ismail J. Ramsey and Federal Bureau of Investigation Special Agent in Charge Robert K. Tripp. The indictments all were filed August 16, 2023, and unsealed the following day. The charges were described by U.S. Attorney Ramsey and Special Agent in Charge Tripp at a press conference held on August 17, 2023.
“Police officers promise to enforce laws for the protection of the public and to protect the rights of the accused,” said U.S. Attorney Ramsey. “That is the job. The indictments describe officers who are alleged to have violated this oath. When this happens, the damage done to the public trust cannot easily be calculated. This office will not rest until all persons who have engaged in this sort of behavior are apprehended and prosecuted.”
“This case is one of the highest priorities for the San Francisco Field Office,” said FBI Special Agent in Charge Tripp. “Law enforcement officers bear a tremendous responsibility to police our communities lawfully in keeping with the Constitution, and we must always be true to that guiding principle. I want to extend my sincere appreciation to the FBI agents, analysts, and law enforcement partners who worked tirelessly on this case and whose efforts culminated in the operations today.”
At the press conference, U.S. Attorney Ramsey referred to the first indictment as the “college degree benefits fraud indictment.” According to the indictment, six defendants engaged in a conspiracy to defraud police departments out of taxpayer dollars, including the Antioch and Pittsburg Police Departments, by claiming they had earned college credits toward degrees when, instead, they paid others to attend classes and take exams for them. Specifically, beginning in June of 2019, Officer Patrick James Berhan of the Pittsburg Police Department utilized a person identified as “Individual 1” to complete multiple college courses on his behalf. The courses were credited toward Berhan’s completion of a Bachelor of Science degree in Criminal Justice. Berhan allegedly received a degree and then applied for and received reimbursements and increases to his pay from Pittsburg Police Department. Further, the indictment alleges Berhan “promoted Individual 1’s services” and “benefited from payments received by Individual 1 in furtherance of the scheme.” The indictment describes how five other members of the police departments retained Individual 1 to complete similar coursework from the university. Each paid money to Individual 1, obtained a degree based on the fraudulent coursework, and applied for benefits including reimbursements and increases in pay from their law enforcement employer.
The second indictment charges two defendants with conspiring to distribute anabolic steroids. The indictment describes how Officers Daniel Harris and Devon Wenger, both employed by the Antioch Police Department, allegedly conspired illegally to distribute the drugs to an unnamed customer. The indictment also alleges that Harris possessed and attempted to possess the drugs, and that Wenger attempted to delete evidence of the scheme from his cellular phone prior to handing the phone over to law enforcement officers.
The third indictment charges a single defendant, Timothy Allen Manly Williams (Manly), also then with the Antioch Police Department, with three charges—two involving alleged interference with a wiretap investigation and the third involving the illegal seizure and destruction of a telephone. The indictment alleges that on March 23, 2021, Manly was assigned to a “wire room” where, pursuant to a court order, he was supposed to monitor communications between a target and others who contacted the target by telephone. While monitoring the target, Manly allegedly used his personal cellphone, dialed a special code to ensure his number would not appear to others, and called a target of the investigation. After dialing the number, Manly also designated his call to the target to be “non-pertinent” ensuring the 14-second conversation would not be recorded. Manly also allegedly made entries on the wire logs to suggest that the call he made resulted in no answer and no audio. The indictment further alleges that on May 6, 2021, Manly was on the scene when another officer deployed a police dog when arresting a person. Upon seeing a witness using a cellular telephone to record the aftermath of the incident, Manly allegedly seized the witness’s telephone and destroyed it.
The fourth indictment charges three Antioch police officers—Morteza Amiri, Eric Rombough, and Devon Wenger—with conspiracy against rights and deprivation of rights under color of law. The 29-page indictment describes how the defendants allegedly communicated with each other and others about using and intending to use excessive force against individuals in and around Antioch. The uses of excessive force included deployment of a K9, deployment of a 40mm “less lethal” launcher, and other unnecessary violence. Further, the indictment alleges that the defendants deployed uses of force as “punishment” to subjects “beyond any punishment appropriately imposed by the criminal justice system,” and allegedly made repeated reference to or suggestion of violating the civil rights of their victims. Examples in the indictment include the following:
• On July 24, 2019, Amiri allegedly pulled over a bicyclist, identified as A.A., for failing to have lights on after dark. The indictment alleges that “[i]n the course of apprehending A.A., Amiri punched him multiple times; K9 Purcy then bit A.A. in the arm, injuring him.” Amiri then shared pictures of the victim’s wounds with other Antioch police officers who exchanged text messages including: “Yeah buddy good boy pursy,” “F[expletive] that turd,” and Amiri later stated “Detectives already called PRCS and got him a 45 day violation and we are gonna leave it at that so i don’t have to go to court for the bite. easy.” In response to a question from another officer about what cut the dog’s face, Amiri responded, “that’s a piece of the suspect’s flesh lol.”
• On October 8, 2020, Amiri allegedly sent a text message identifying a transient living in Antioch identified as M.Z. stating “anyone that finds him gets code [a free meal or beverage]. This f[expletive] stole my mail and was trying to open accounts under my name.” Wenger responded “Lets beat his f[expletive] ass I’m down after work morty” According to the indictment, the recipients of Amiri’s message located M.Z. later that evening. Amiri then arrived on the scene, shoved M.Z. against a wall and threatened to kill him. The indictment also alleges that a few months later Amiri texted another group of officers in reference to M.Z., “few months ago, I tracked him down and dragged him to the back of a car to ‘discuss’ the matter,” and “putting a pistol in someone’s mouth and telling them to stop stealing isn’t illegal. . . it’s an act of public service to prevent further victims of crimes”
• On May 5, 2021, Rombough accompanied other Antioch police officers who responded to a report that transients were living inside a privately-owned unit. While responding, Rombough and another officer located a couple lying on a bed inside a room. Rombough deployed a 40mm less lethal launcher at one of the persons on the bed, hitting them in the chest and knocking them off the bed.
• On August 24, 2021, Rombough accompanied other Antioch police officers as they executed a search warrant at a residence in Antioch. Officers located a subject—identified as J.W.—inside a locked bedroom holding a video game controller while sitting on an air mattress, with a video game on a television screen. J.W. removed a pair of headphones and raised his hands as officers, including Rombough, entered the room. One officer took J.W.’s left arm to arrest him as four other officers surrounded J.W. As the other officer held J.W.’s left arm on the bed, Rombough deployed the 40mm less lethal launcher at J.W., injuring him.
The indictment describes several other incidents of excessive force as well as the collection and sharing of pictures to memorialize acts of violence and the collection by defendant Rombough of spent munitions to commemorate his deployment of the 40mm launcher.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The indictments charge the following defendants with crimes as follows:
In addition, as part of any sentence following conviction, the court may order defendants to serve an additional term of supervised release to begin after a prison term as well as additional fines, and restitution, if appropriate. Any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The case is being prosecuted by the Special Prosecutions Section and Oakland Branch of the United States Attorney’s Office. The prosecution is the result of an investigation by the FBI and the Office of the District Attorney of Contra Costa County.
antioch_and_pittsburg_chart_rev3.pdf 23-cr-00269_amo_08162023_indictment.pdf 23-cr-00268_hsg_08162023_indictment.pdf 23-cr-00267_ygr_08162023_indictment.pdf 23-cr-00264_jsw_08162023_indictment.pdfActivity in the United States Attorney's OfficeRead the Press Release
Firearm Offenses
Joshua Charles Crook, age 34, of Casper, Wyoming, was sentenced on August 17, 2023, to 40 months’ imprisonment for being a felon in possession of a firearm. U.S. District Court Judge Nancy D. Freudenthal imposed the sentence which includes three years of supervised release and a $100 special assessment. According to court documents, on December 17, 2022, the defendant was located at the Rodeway Inn Motel in Casper. He is a previous felon and had multiple warrants for his arrest, so he was immediately taken into custody. Officers were given consent to search the room and located drugs and a firearm. Crook admitted the firearm was his and pled guilty to the charge. This crime was investigated by the Casper Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Jonathan C. Coppom prosecuted the case.
George Dean Jackson, age 26, of Casper, Wyoming, was sentenced on August 14, 2023, to 44 months’ imprisonment for being a felon in possession of a firearm. U.S. District Court Alan B. Johnson imposed the sentence which includes three years of supervised release and a $100 special assessment. According to court documents, on December 20, 2022, the defendant, a known felon, fled from law enforcement. Upon apprehension and inventory of the vehicle he was driving, a short-barreled shotgun was located. Jackson pled guilty to the charges of the indictment. This crime was investigated by the Casper Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Jonathan C. Coppom prosecuted the case.
Chaney Yates Jones, age 39, of Glenrock, Wyoming, was sentenced on August 17, 2023, to 57 months’ imprisonment for possession with intent to distribute fentanyl and being a felon in possession of a firearm. U.S. District Court Judge Alan B. Johnson imposed the sentence which includes five years of supervised release and a $200 special assessment. According to court documents, on May 12, 2022, Jones was arrested by Converse County Sheriff’s deputies. The defendant was found in possession of approximately 26 grams of fentanyl, nearly 32 grams of methamphetamine, over $2,000 in US currency, and a loaded shotgun. This crime was investigated by the Converse County Sheriff’s Department and Wyoming Division of Criminal Investigation.
Child Pornography
Brian Joseph Nielsen, age 38, of Cheyenne, Wyoming, was sentenced on August 17, 2023, to 148 months’ imprisonment for possession of child pornography, second or subsequent conviction. Chief U.S. District Court Judge Scott W. Skavdahl imposed the sentence which includes 15 years of supervised release following Nielsen’s prison term.
According to court documents, Nielson was indicted in July 2010 and pleaded guilty to interstate shipment of child pornography. He was sentenced to 135 months in prison based on special concerns that Nielson was a danger to children. Nielson began his lifetime supervised release in December 2019. On February 24, 2023, Nielson’s probation officer found him in possession of two unauthorized cell phones. Nielson admitted to knowingly possessing approximately 2,000 images of child pornography on one of the cell phones. This case was investigated by the Wyoming Division of Criminal Investigation Internet Crimes Against Children (ICAC) Task Force. The case was prosecuted by Assistant U.S. Attorney Christyne Martens.
Abingdon Meth Trafficker Sentenced to 90 Months in Federal PrisonRead the Press Release
ABINGDON, Va. – An Abingdon man, who conspired with two other people to distribute methamphetamine throughout southwest Virginia, was sentenced Tuesday to 90 months in federal prison.
Charles Snead, 68, previously pleaded guilty to conspiracy to possessing with intent to distribute and distribution of 50 grams or more of methamphetamine and possessing a firearm in furtherance of a drug trafficking crime.
Snead’s co-conspirators, Chelsey Lynn Doss and William Whitt, were sentenced in March 2023 to 10 years in prison for their roles in the conspiracy.
According to court documents, Doss and Whitt were sources of methamphetamine for Snead, who had been selling methamphetamine in and around Abingdon for months. In July 2022, agents with the Drug Enforcement Administration executed a search warrant at Snead’s home and found one-quarter pound of methamphetamine and a loaded handgun.
United States Attorney Christopher R. Kavanaugh of the Western District of Virginia and Jared Forget, Special Agent in Charge of the DEA’s Washington Division made the announcement.
The Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Washington County Sheriff’s Office investigated the case.
Assistant U.S. Attorney Whit D. Pierce prosecuted the case.
Thursday 17 August 2023
Woman Pleads Guilty to Assault on San Felipe Pueblo InfantRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Salina Nicole Sandoval, 30, of San Felipe, New Mexico, and an enrolled member of the San Felipe Pueblo, pled guilty to assault resulting in serious bodily injury of an 8-month-old infant, also a member of the San Felipe Pueblo. Sandoval is out of custody on conditions of release pending sentencing, which has not been scheduled.
According to the plea agreement and other court documents, on Jan. 21, 2022, Sandoval assaulted the infant, identified as Jane Doe at Sandoval’s home in Sandoval County, New Mexico, within the San Felipe Pueblo. It resulted in serious bodily injuries to the infant, including intracranial hemorrhages, shearing venous injuries, and retinal hemorrhages in the child’s left eye. The injuries were diagnosed as abusive head trauma.
At sentencing, Sandoval faces up to 10 years in prison.
The Bureau of Indian Affairs investigated this case. Special Assistant United States Attorney Mark A. Probasco is prosecuting the case.
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Winchester Man to Serve Nine Years for Planting Bomb at Cedar Creek BattlefieldRead the Press Release
HARRISONBURG, Va. – Gerald Leonard Drake, a Winchester, Virginia man and former Civil War reenactor, was sentenced today to nine years in federal prison for mailing threatening letters and planting a pipe bomb at the Cedar Creek Battlefield in Middletown, Virginia during a Civil War reenactment event in 2017. In the mailings sent to victims and two newspapers, Drake purported to be a member of Antifa and threatened harm, including referencing the Unite the Right riots in Charlottesville.
Drake, 64, pled guilty in April 2023 to possession of an unregistered explosive device and stalking.
“Gerald Drake’s attempts at sowing hatred and terror have been answered with 108 months in federal prison,” United States Attorney Christopher R. Kavanaugh said today. “Hate has no place in our community, and we are truly grateful for the steadfast efforts of our federal, state, and local law enforcement partners who unmasked the once-hidden identity of this defendant and ended his campaign of fear-mongering and intimidation."
According to court documents, Drake belonged to a reenactment unit that participated in an annual Civil War reenactment at Cedar Creek Battlefield until he was removed from his unit in 2014. In later years, Drake volunteered with the Cedar Creek Battlefield Foundation (CCBF), which is a non-profit organization dedicated to the preservation of history related to the Cedar Creek Battlefield and which hosts an annual reenactment attended by merchants, reenactors, and visitors.
On September 23, 2017, a letter was received at the CCBF visitor center addressed to “Cedar Creek Battlefield people.” The envelope and its letter both bore a printed Antifa symbol depicting a black flag overlayed atop a red flag inside of a circle. The letter claimed the reenactment event “clearly celebrates the war to keep African-Americans in chains,” and warned the reenactment organizers that if the event was not cancelled, the trouble Antifa would inflict on Cedar Creek Battlefield would make the riots that took place in Charlottesville in August look like “a Sunday picnic.”
On October 14, 2017, the CCBF hosted the planned 153rd anniversary and reenactment of the Battle of Cedar Creek. During the afternoon hours, as the reenactment of the battle was coming to an end, an unexploded pipe bomb was discovered in one of the merchant tents. The pipe bomb contained metal nuts, a mercury switch, a battery, ball bearings, black and red wires, powder, and other items.
Deputies from the Frederick County Sheriff’s Office responded to the scene to investigate and seized the explosive device, which was later rendered safe by Virginia State Police. Due to its discovery, however, all remaining reenactment activities were cancelled, and individuals were evacuated from the area.
Following this incident, Drake continued writing letters purporting to be sent by Antifa, including letters to the CCBF, its board members, an individual associated with Civil War reenactments, and news outlets. During this same time frame, Drake continued to volunteer with the CCBF.
Drake admitted he manufactured the pipe bomb to instill fear and cause harm to those attending the reenactment.
According to FBI explosives experts, several of the bomb’s contents, such as black powder, smokeless powder, and Pryodex, are explosives in and of themselves that are sensitive to friction, heat, impact, and sparks, and therefore are very dangerous to handle. When confined in a container, such as a pipe with end caps used in this case, these ingredients combine to create an exceptionally destructive device.
In addition, Drake admitted to being the author of the threatening letters sent to members of the CCBF and various news agencies between September 2017 and December 2018. Those letters included threats of violence and sexual assault against members of the CCBF and their families.
United States Attorney Christopher R. Kavanaugh and Stanley M. Meador, Special Agent in Charge of the FBI’s Richmond Division, made the announcement.
The Federal Bureau of Investigation, the Virginia State Police, the Frederick County Sheriff’s Office, and the Middletown Police Department investigated the case.
United States Attorney Christopher R. Kavanaugh for the Western District of Virginia and Assistant U.S. Attorneys Katie Burroughs Medearis, Melanie Smith, and Cagle Juhan prosecuted the case.
Vice President of Asphalt Paving Company Pleads Guilty to Bid RiggingRead the Press Release
A senior executive of a Michigan asphalt paving company pleaded guilty today in the U.S. District Court in Detroit for his role in two separate conspiracies to rig bids for asphalt paving services contracts in the State of Michigan.
According to court documents filed in the case, Kevin Shell, Vice President of Estimating for Clarkston-based F. Allied Construction Company Inc., conspired with two unnamed asphalt paving companies and their employees to rig bids in each other’s favor. Shell participated in the two conspiracies from June 2013 through June 2019, and from July 2017 through May 2021, respectively. The two conspiracies operated in much the same way: the co-conspirators coordinated each other’s bid prices so that the agreed-upon losing company would submit intentionally non-competitive bids. These bids gave customers the false impression of competition when, in fact, the co-conspirators had already decided among themselves who would win the contracts.
“Asphalt paving is fundamental to our transportation infrastructure,” said Assistant Attorney General Jonathan Kanter of the Justice Department's Antitrust Division. “Our economic vitality depends on a fair and competitive bidding process to construct, and maintain, America’s infrastructure. The division will continue to work with our law enforcement partners to hold executives accountable for corrupting that process.”
“The U.S. Department of Transportation Office of Inspector General (DOT-OIG) is committed to ensuring that any activity related to bid rigging involving transportation projects in the State of Michigan, or elsewhere, is identified and investigated,” said Special Agent-in-Charge Andrea M. Kropf of DOT-OIG, Midwestern Region. “Along with our law enforcement and prosecutorial colleagues, we will continue to use every tool at our disposal to hold these offenders accountable for their crimes and restore equity to the bidding process.”
“The Department of Justice’s Antitrust Division, along with our other federal law enforcement partners, secured a victory with today’s guilty plea in our fight against bid-rigging and collusion,” said Executive Special Agent in Charge Kenneth Cleevely of the U.S. Postal Service Office of Inspector General (USPS-OIG). “The USPS-OIG will vigorously investigate those who would engage in harmful anticompetitive practices, and we continue to ask for the public’s assistance in identifying and reporting those engaged in this type of activity.”
Shell pleaded guilty to two counts of violating Section One of the Sherman Act. The maximum penalty for individuals is 10 years in prison and a $1 million criminal fine. The maximum penalty for corporations is a $100 million criminal fine. The fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either amount is greater than the statutory maximum fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Today’s guilty plea results from an ongoing federal antitrust investigation into bid rigging and other anticompetitive conduct in the asphalt paving services industry being conducted by the Antitrust Division’s Chicago Office and the Offices of Inspectors General for the U.S. Department of Transportation and U.S. Postal Service.
Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit www.justice.gov/atr/report-violations.
Vermont Resident Pleads Guilty to Traveling to Lake George for Sexual Contact with MinorRead the Press Release
ALBANY, NEW YORK – Scott Westervelt, age 46, pled guilty today to interstate travel with intent to engage in illicit sexual conduct with a 12-year-old. United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.
Westervelt admitted that between January and June 2022, he exchanged sexually explicit messages online with someone posing as a man who was sexually abusing a 12-year-old boy. Over the course of those exchanges, Westervelt expressed his desire to engage in illicit sexual conduct with the 12-year-old, and ultimately Westervelt arranged to meet the man and the boy in Lake George, New York, for that purpose. On June 14, 2022, Westervelt left his residence in Bennington, Vermont, and drove to a prearranged meet-up location in Lake George, where he was arrested.
Westervelt will be sentenced on December 15, 2023 by Chief United States District Judge Brenda K. Sannes. Under the terms of Westervelt’s plea agreement, the parties have jointly recommended to Chief Judge Sannes that he receive a prison term of at least 70 months and no more than 87 months, and a term of post-imprisonment supervised release of at least 5 years and up to life. Westervelt would also have to register as a sex offender upon his release from prison.
The FBI and its Child Exploitation Task Force investigated the case. The FBI’s Child Exploitation Task Force includes members of federal, state, and local law enforcement agencies, including the Colonie Police Department and New York State Police. Assistant United States Attorney Benjamin S. Clark and former Assistant United States Attorney Rachel Williams prosecuted the case as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
U.S. Postal Service Employee Sentenced to More than 3 Years in Federal Prison in Multi-Million-Dollar PPP Fraud RingRead the Press Release
FLORENCE, SOUTH CAROLINA — Tiffany McFadden, 40, of Brooklyn, New York, and Port St. Lucie, Florida, was sentenced to more than 3 years in federal prison for leading a multi-million-dollar PPP fraud scheme out of South Carolina while working as a U.S. Postal Service employee.
McFadden was charged in the District of South Carolina for her role in a national fraud scheme related to the Coronavirus Aid, Relief, and Economic Security Act’s Paycheck Protection Program (PPP). During the height of the COVID-19 pandemic, Congress authorized the PPP program to provide emergency economic relief to businesses suffering economic harm during as a result of the pandemic.
According to evidence presented in court, McFadden was the leader of a scheme responsible more than 400 fraudulent PPP loan applications, the majority of which were for applicants in the South Carolina towns of Kingstree, Johnsonville, and Hemingway.
McFadden and her co-conspirators manufactured false and fraudulent documents claiming businesses that in truth did not exist and did not lose money due to the COVID-19 pandemic. As a result, McFadden and others received more than $2,000,000 in loans, often approximately $20,000 at a time, that they were not entitled to. Those loans were later fully forgiven by the U.S. Government.
McFadden and others recruited loan applications by word of mouth, manufactured false and fraudulent tax and business documents, and then applied for and obtained forgiveness for the loans. In exchange for her services, McFadden received a portion of the fraudulently obtained funds.
Every dollar stolen from the PPP program was stolen from legitimate businesses who needed support during unprecedented challenges facing our country,” said U.S. Attorney Adair F. Boroughs. “This scheme took advantage of the public’s generosity by stealing millions from taxpayers. We thank our law enforcement partners for bringing accountability in this case.”
“The Secret Service is committed to investigating and pursuing those who engage in fraudulent activity,” said Special Agent in Charge of the Secret Service’s Columbia Field Office Donald Long. “Thanks to the hard work of our partners in the U.S. Attorney’s office, this sentencing reflects the seriousness of the crimes committed and should act as a warning to anyone who thinks they can exploit financial assistance programs without consequence.”
United States District Judge Joseph Dawson, III sentenced McFadden to 37 months in federal prison, a sentence that took into account McFadden’s leadership role in such a sophisticated scheme. Her sentence will be followed by 5 years of court-ordered supervision. There is no parole in the federal system. In addition to her prison term, the court ordered McFadden to pay $2,191.257 in restitution to the Small Business Administration.
Felony charges remain pending against two co-defendants at this time: Cherry Lewis, 43, a U.S. Postal Service employee from Johnsonville, South Carolina; and Keisha Lewis, 33, a U.S. Postal Service employee from Hemingway, South Carolina.
Any member of the public who has information related to scheme is encouraged to contact the Columbia, South Carolina, field office of the U.S. Secret Service at 803-772-4015.
The case was investigated by the U.S. Secret Service, with assistance from the U.S. Postal Inspection Service, the Small Business Administration, the Florence County Sheriff's Office, and the Williamsburg County Sheriff's Office. Assistant U.S. Attorneys Elliott B. Daniels and Winston Marosek, who also serves as the Office’s Coronavirus Fraud Coordinator, are prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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Two Louisville Men Plead Guilty to Multiple Carjackings and Firearms OffensesRead the Press Release
Louisville, KY – Yesterday, two local men have plead guilty to a string of armed carjackings that occurred in Jefferson County, Kentucky from late May to early June of 2022.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office, Special Agent in Charge Rana Saoud of the Homeland Security Investigations (HSI) Nashville, and Chief Jacquelyn Gwinn-Villaroel of the Louisville Metro Police Department made the announcement.
According to court documents, Fahad Alasawi, 18, of Louisville, pled guilty to four counts of carjacking and four counts of possessing a firearm during and in relation to a crime of violence. Mauricio Diaz, 19, also of Louisville, pled guilty to three counts of carjacking, one count of attempted carjacking, and three counts of possessing a firearm during and in relation to a crime of violence. According to court documents, from May 27, 2022, through June 2, 2022, Alasawi and Diaz stole or attempted to steal five vehicles from different victims with threats of violence and while possessing a firearm.
Alasawi is scheduled to be sentenced on December 20, 2023, and Diaz is scheduled to be sentenced on November 29, 2023. They each face a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. There is no parole in the federal system.
The FBI Louisville Field Office, HSI Louisville, and the Louisville Metro Police Department, are investigating the case.
Assistant U.S. Attorney Josh Porter is prosecuting the case.
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Two Cass County, Iowa Residents Sentenced for Distributing Fentanyl Causing Serious Bodily Injury or DeathRead the Press Release
COUNCIL BLUFFS, Iowa – Two Cass County, Iowa residents were sentenced on August 15, 2023 for conspiring to distribute fentanyl causing serious bodily injury or death.
Collin Jacob Clarken, 21, was sentenced to 252 months in prison. Colby Ray Clarken, 25, was sentenced to 240 months in prison. There is no parole in the federal system.
In May 2023, three other co-defendants—Cam Christopher Jahnke, Chase Daniel Jahnke, and Kelsi Thurman—were sentenced for their roles in the conspiracy.
According to public court documents, both Collin Clarken and Colby Clarken pleaded guilty to obtaining fentanyl pills from sources in Omaha, Nebraska, and selling those pills in and around Cass County, Iowa. The investigation determined that between August 2019 and June 2022, the group obtained and distributed over 10,000 pills containing fentanyl. Fentanyl distributed by the group caused two fentanyl overdose deaths.
United States Attorney Richard D. Westphal of the Southern District of Iowa stated the convictions disrupted a major source of supply of fentanyl in Western Iowa and was accomplished through the cooperation of numerous law enforcement agencies.
Agencies involved in this investigation include the Iowa Division of Narcotics Enforcement, Atlantic Police Department, Cass County Sheriff’s Office, Shelby County Sheriff’s Office, Southwest Iowa Narcotics Enforcement (SWINE) Task Force, Council Bluffs Police Department, Iowa Division of Intelligence, Iowa State Patrol, Iowa Division of Criminal Investigation Crime Lab, United States Postal Inspection Service, and the Omaha Police Department.
Fentanyl has become the leading cause of drug overdose deaths in the United States. Counterfeit, fentanyl-laced pills often resemble pharmaceutical pills, but contain potentially lethal doses of fentanyl. Visit the Drug Enforcement Administration’s website to learn more about One Pill Can Kill.
Trip Set Gang Member Sentenced for His Role in a Firearms ConspiracyRead the Press Release
Acting United States Attorney Susan Lehr announced that Duop Kek Yiel, a 29-year-old member of the Trip Set gang in Lincoln, Nebraska, was sentenced on August 16, 2023, by Senior United States District Judge John M. Gerrard to a term of 96 months’ imprisonment for his role in a conspiracy to possess firearms in furtherance of drug trafficking and for the specific act of possessing firearms in furtherance of drug trafficking. There is no parole in the federal system. After his release from prison, Yiel will begin an eight-year term of supervised release.
Yiel was charged with possessing firearms beginning on or about January 3, 2021 and continuing to on or about September 18, 2022 that were connected to shootings done with other gang members and with possessing stolen, prohibited weapons, such as a stolen AK-47 that was recovered from a vehicle involved in a shooting and had Yiel’s fingerprints on it. Among the conduct tying Yiel to the conspiracy were a traffic stop in 2021 in which he and four other Trip Set members were in the vehicle. Officers located a loaded handgun. Several days before the stop, Yiel posted a video of himself with the handgun. During the time of the conspiracy, he posted numerous other videos of himself possessing firearms and large quantities of marijuana. Further, chats were recovered discussing him selling marijuana.
This case was investigated by the Federal Bureau of Investigation.
Tehama County Woman Sentenced to 7 Years in Prison for Refund Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Sabrina Raylene Toilolo, 26, of Corning, was sentenced today to seven years and two months in prison for a conspiracy to commit wire fraud for her participation in a merchant refund‑fraud scheme, U.S. Attorney Phillip A. Talbert announced.
In June 2020, a federal grand jury returned a 14-count superseding indictment against Toilolo and her previously charged co-defendant Johnathon Ward, charging them with conspiracy to commit wire fraud, wire fraud, and aggravated identity theft.
According to court documents, between July 2017 and September 2019, Sabrina Toilolo, Johnathon Ward, Monica Nunes, and Talalima Toilolo conspired to defraud financial institutions by exploiting the merchant refund process used by businesses and retail establishments to refund customers for returns, reimbursements, and erroneous charges. In total, the conspirators attempted $3.8 million in fraudulent transactions.
The defendants committed this scheme by stealing or purchasing point-of-sale (POS) terminals used by businesses to process bankcard transactions. The defendants programmed each terminal to make it appear as if it was authorized by a particular retail merchant, connected the terminals to payment processing intermediaries, and executed refund transactions even though no purchases had been made. The payment processors, falsely believing the terminals were authorized, approved the refunds and caused the merchants’ payment processors to transfer funds to the defendants’ fraudulent accounts. The defendants then drained the stolen funds from the accounts and distributed them among members of the conspiracy.
This case is the product of an investigation by the Regional Enforcement Allied Computer Team (REACT) Task Force, which includes investigators from the Santa Clara County District Attorney’s Office and the Federal Bureau of Investigation. Assistant U.S. Attorney Jessica Delaney is prosecuting the case.
On April 2, 2021, Nunes was sentenced to 12 and a half years in prison. On Feb. 11, 2021, Talalima Toilolo was sentenced to 10 years in prison. Ward has pleaded guilty and is scheduled to be sentenced Nov. 9, 2023.
Tehama County Man Returned to the United States to Face Federal ChargesRead the Press Release
SACRAMENTO, Calif. — Eduardo Castillo, 38, of Corning, was returned to the United States to face federal charges of online enticement of a minor for sexual purposes after he had fled to Mexico to avoid prosecution. Castillo is currently in custody at the Sacramento County Jail and is awaiting his initial appearance before the U.S. District Court, Eastern District of California.
U.S. Attorney Phillip A. Talbert and Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office made the announcement today.
On Aug. 15, 2023, Mexican law enforcement officials from the State of Colima’s Attorney General’s Office (Fiscalia General del Estado de Colima) apprehended Castillo in La Presa, Colima, Mexico. Subsequently, on Aug. 16, 2023, Castillo was deported by Mexican Immigration (Instituto Nacional de Migración) for having an irregular immigration status in Mexico. Castillo’s return to the United States to face prosecution is funded by the FBI Criminal Investigative Division, Crimes Against Children and Human Trafficking Unit.
Castillo was indicted on Dec. 15, 2022, charged with four counts of online enticement of a minor for sexual purposes. According to court documents, between about Aug. 23 and Aug. 27, 2020, Castillo used a cellphone and the internet to entice at least four minor victims into sending him images and videos of themselves engaging in sexually explicit conduct.
The FBI continues to collaborate with its law enforcement partners to apprehend criminals charged with crimes who then flee the jurisdiction. Cases seeking information from the public, including fugitive matters, are posted on the FBI Sacramento Field Office’s Most Wanted page, and the FBI Wanted app. Anyone with information that may aid the investigation of these cases may contact their local FBI office, United States embassy, or submit information online at tips.fbi.gov.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Denise N. Yasinow is prosecuting the case.
If convicted, Castillo faces a mandatory minimum of 10 years in prison, a maximum statutory penalty of life in prison, and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Tarrant County Man Indicted for Trafficking Deadly FentanylRead the Press Release
PLANO, Texas – A Saginaw, Texas man has been indicted for federal drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs today.
Kevin Chase McCauley, 35, was named in a two-count indictment returned by a federal grand jury on August 9, 2023, charging him with conspiracy to distribute fentanyl and possession with intent to distribute fentanyl resulting in death. McCauley made his initial appearance this morning before U.S. Magistrate Judge Kimberly C. Priest Johnson.
According to the indictment and information presented in court, on March 8, 2023, law enforcement officers with the Denton County Sheriff’s Office responded to the scene of a reported overdose in Argyle, Texas. Upon arrival, officers discovered an individual who had died as the result of an apparent drug overdose. An autopsy revealed the person had died from the toxic effects of fentanyl. Further investigation identified McCauley as the person who supplied and sold the fentanyl resulting in the overdose death.
If convicted, McCauley faces from 20 years to life in federal prison.
This case is being investigated by the Denton County Sheriff’s Office CID, the U.S. Drug Enforcement Administration, and the Tarrant County Medical Examiner’s Office. This case is being prosecuted by Assistant U.S. Attorney Matthew T. Johnson.
A grand jury indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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St. Cloud Man Sentenced to 15 Years for Distributing Methamphetamine and Possessing A FirearmRead the Press Release
Orlando, FL - United States District Judge Paul G. Byron has sentenced Robert J. Potocnack (49, St. Cloud) to 15 years in federal prison for possessing with the intent to distribute 50 grams or more of methamphetamine and possessing a firearm in furtherance of a drug trafficking offense. Potocnack had pleaded guilty on May 10, 2023.
According to court documents, between September and November 2022, on three separate dates, Potocnack distributed methamphetamine to an undercover detective from the St. Cloud Police Department. During that same time frame he also sold a firearm in conjunction with methamphetamine to the undercover detective.
This case was investigated by the Drug Enforcement Administration and the St. Cloud Police Department. It was prosecuted by Assistant United States Attorney Terry B. Livanos.
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.
Saudi Arabian National Indicted for Interstate Transportation of Stolen School BusRead the Press Release
NEWARK, N.J. – A Saudi Arabian man was indicted for transporting a stolen school bus across state lines. Bader Alzahrani, 22, of Saudi Arabia, is charged by indictment with one count of receipt of a stolen vehicle and one count of transportation of a stolen vehicle. He was charged by complaint with the same offenses earlier this year. The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
alzahrani.indictment.pdfRhode Island Business Owner to Plead Guilty to Money Laundering Conspiracy and Obstruction of JusticeRead the Press Release
BOSTON – A Rhode Island man and the owner of a “virtual CFO” business has been charged and has agreed to plead guilty to laundering tens of millions of dollars in proceeds from internet fraud schemes by creating shell companies and opening fraudulent business bank accounts.
Craig Clayton, 73, of Cranston, R.I., has agreed to plead guilty to one count of money laundering conspiracy and one count of obstruction of justice. Clayton was previously arrested and charged by criminal complaint. A plea hearing has not yet been scheduled by the Court.
According to the charging documents, from 2019 to 2021, Clayton and others used his accounting and “virtual CFO” business, Rochart Consulting, as a front to launder the proceeds of internet fraud schemes. As part of the conspiracy, Clayton allegedly founded shell companies to open business bank accounts in Rhode Island and Massachusetts, through which he laundered the proceeds of internet fraud schemes on behalf of his clients. In total, Clayton allegedly laundered more than $35 million.
In communications with one of his Rochart co-conspirators, Clayton allegedly stated that they were “money mules complicit in their [Rochart’s clients’] offenses.” In encrypted communications with one of his client co-conspirators, Clayton allegedly expressed concern that his phone was “tapped” by law enforcement and sought to obtain “dirt” on a victim who had reported the fraud scheme in order to “distract the police.” It is further alleged that, when banks and law enforcement began to investigate Rochart, Clayton falsely told investigators and bank personnel that his shell companies were legitimate businesses, among other things. After he became aware that a federal grand jury was investigating him, Clayton allegedly attempted to obstruct the ongoing investigation by making several false statements to federal agents during an interview.
As proceeds of the money laundering conspiracy, Clayton has agreed to forfeit more than $330,000 and a Mercedes-Benz sport utility vehicle that he purchased.
The charge of conspiracy to commit money laundering provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $500,000 or twice the value of the proceeds, whichever is greater. The charge of obstruction of justice provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.Acting United States Attorney Joshua S. Levy; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England; Harry Chavis, Jr., Special Agent in Charge of Internal Revenue Service, Criminal Investigation, Boston Field Office; and Jennifer De La O, Director of Field Operations, U.S. Customs and Border Protection, Boston Field Office made the announcement today. This case is the result of a multi-agency coordinated investigation led by the Homeland Security Investigations in New England, El Dorado Financial Task Force; the Internal Revenue Service, Criminal Investigation; and the United States Postal Inspection Service. Assistant United States Attorneys Ian J. Stearns of the Securities, Financial & Cyber Fraud Unit and Alexandra Amrhein of the Asset Recovery Unit are 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.
Previously Convicted Felon Indicted for Narcotics and Firearms OffensesRead the Press Release
BOSTON – A Methuen man was indicted today by a federal grand jury in Boston for allegedly trafficking counterfeit prescription pills containing fentanyl and methamphetamine, unlawfully possessing firearms and ammunition and using a firearm in relation of a drug trafficking offense.
Shawn Hart, 45, was charged with one count of distribution of more than 40 grams of fentanyl; one count of possession with the intent to distribute more than 50 grams of methamphetamine; one count of using a firearm in relation to a drug trafficking offense; and one count of being a felon in possession of ammunition. He will appear in federal court in Boston at a later date. Hart was previously arrested and charged by criminal complaint in June 2023. He has remained in custody since.
According to the charging documents, in August 2022, Hart was identified as a manufacturer and distributor of counterfeit pills containing controlled substances on the North Shore. On Sept. 15, 2022, Hart allegedly distributed approximately 500 counterfeit Adderall pills, containing 68 grams of fentanyl, during a controlled purchase in North Billerica. Additionally, on June 1, 2023, Hart allegedly distributed approximately 100 counterfeit oxycodone pills containing suspected fentanyl and well as a 9mm privately manufactured firearm (commonly known as a “ghost gun”) containing 19 rounds of ammunition during a controlled purchase at his home in Methuen.
It is further alleged that three additional firearms, a pill press used for manufacturing counterfeit pills and suspected narcotics in various forms and quantities were seized from Hart’s residence following his arrest.
Hart is prohibited from possession firearms and ammunition due to multiple previous state felony convictions, including: possession with intent to distribute a class a controlled substance in December 2003; armed robbery in June 2004, for which he was sentenced to two years in prison; masked armed robbery, breaking and entering a vehicle at night and larceny in August 2004, for which he was sentenced to two years in prison; and assault and battery on a correctional institution guard in September 2004, for which he was sentenced to six months in prison.
The charges of distribution of more than 40 grams of fentanyl and possession with intent to distribute more than 50 grams of methamphetamine provide for a sentence of up to 40 years in prison, four years of supervised release and a fine of $5 million. The charge of unlawful possession of firearms and ammunition provides for a sentence of up to 15 years in prison, three years of supervised release and a fine of $250,000. The charge of using a firearm in relation to a drug trafficking offense provides for a mandatory five-year sentence to run consecutive to any other sentence. 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; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Office; and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. Valuable assistance was provided by the Methuen Police Department. Assistant U.S. Attorney Evan Panich of the Narcotics & Money Laundering Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.