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Tuesday 15 August 2023
Justice Department Releases Language Access Plan to Expand Access to Department Resources and ProgramsRead the Press Release
The Justice Department today released an updated Department-wide Language Access Plan to help ensure that all individuals, regardless of language used, have access to and are able to fully participate in the Department’s programs, activities, and services. The Language Access Plan provides guidance to Department offices to help them bolster language access planning, which includes understanding the needs of communities with limited English proficiency, improving translation and interpretation services, promoting quality assurance of those services, and expanding the range of tools available to serve the public.
“Language barriers should not stand in the way of access to government services,” said Attorney General Merrick B. Garland. “This updated Language Access Plan is an important step toward ensuring that everyone can report crimes, access important resources, and seek help from the Justice Department when they need it.”
“Expansive language access furthers the Justice Department’s mission to uphold the rule of law, keep our country safe, and protect civil rights,” said Deputy Attorney General Lisa O. Monaco. “I am proud of the work the Department is doing to modernize, streamline, and improve our language resources and policies to better serve all Americans, including individuals who face language barriers.”
“Every person in this country deserves meaningful access to government services and programs,” said Associate Attorney General Vanita Gupta. “These updated policies reflect the Justice Department’s commitment to removing the language barriers that prevent many communities from understanding their rights, reporting crimes, or otherwise having full and equal access to the Department’s resources.”
The updated Language Access Plan is issued pursuant to Attorney General Garland’s November 2022 Memorandum for Heads of Federal Agencies, Heads of Civil Rights Offices, and General Counsels Regarding Strengthening the Federal Government’s Commitment to Language Access, which directed the Justice Department’s Civil Rights Division to work with federal agencies to improve efforts to ensure meaningful language access and to revise and update their language access plans and policies accordingly. It also marks the 23rd anniversary of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (Aug. 16, 2000), which requires federal agencies to develop and implement systems enabling people with limited English proficiency to meaningfully access their services.
The Office for Access to Justice led development of the Department’s updated plan, working with the Department’s Language Access Working Group and the Civil Rights Division. This work is part of the Office of Access to Justice (ATJ) and the Working Group’s broader leadership of Department efforts to expand language access resources, improve awareness of language access issues, and provide training and technical assistance to other offices within DOJ and across the federal government.
“Access to justice means language access,” said ATJ Director Rachel Rossi. “Through the updated policies in this Language Access Plan, we recommit to expanded language access as a central component of all Department programs and activities.”
The Civil Rights Division, in accordance with Attorney General Garland’s memorandum and its responsibility to ensure consistent and coordinated government-wide compliance with Executive Order 13166 and Title VI of the Civil Rights Act of 1964, also provided in-depth technical assistance and engaged with external stakeholders to assist the Department and other federal agencies update and revise their language access plans. The division brought over 35 federal agencies together for sessions that engaged experts and federal staff to identify effective use of qualified bilingual employees, how to build multilingual digital content, and the unique language access needs of people who speak Indigenous languages or have a disability. Today, the division also adds a new guide to support agency efforts to collect language data and post multilingual content to its catalogue of language access resources on www.LEP.gov.
“This revised Language Access Plan underscores the Department’s continued commitment to language access in our own programs and activities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We look forward to publishing all revised agency language access plans on www.LEP.gov to help ensure that all stakeholders know how to obtain meaningful language access when engaging with the federal government.”
The updated plan will be translated into a number of languages and will be available on the Department’s website using the Department’s recently launched language selector tool.
Remote video URLJury convicts Columbus man of committing six robberiesRead the Press Release
COLUMBUS, Ohio – A federal jury has convicted a Columbus man for committing six robberies in Columbus in September and October 2020.
Ronald Lee Jacobs, 46, was convicted of six counts of robbery and one count of brandishing a firearm during a crime of violence.
The verdict was announced Monday afternoon following a trial that began on Aug. 7 before Chief U.S. District Judge Algenon L. Marbley.
According to court documents and trial testimony, Jacobs committed 6 robberies, including:
- Hampton Inn on South Hamilton Road on Sept. 5, 2020,
- Wing Snob on North High Street on Sept. 12, 2020,
- United Dairy Farmers on North High Street on Sept. 24, 2020,
- Shell Gas Station on South Hamilton Road on Sept. 30, 2020,
- Wing Snob on North High Street on Oct. 8, 2020, and
- Walgreens on East Livingston Avenue on Oct. 12, 2020.
During the robberies, Jacobs typically wore either an inside-out gray sweatshirt or a dark sweatshirt, dark pants and used a blue bandana. Jacobs was employed at a glue factory and, during multiple robberies, had visible glue splatters on his clothing. He called off work for one robbery and left during his shift to commit another one of the robberies.
In jail calls, Jacobs discussed the firearms he used and said he committed the robberies because he was “broke” and needed to pay child support.
Jacobs was charged by criminal complaint and arrested in November 2020. In March 2021, a federal grand jury returned an indictment against Jacobs and that indictment was superseded in September 2021.
Jacobs’ six robbery counts carry a potential penalty of up to 20 years in prison. Brandishing a firearm during a crime of violence is punishable by at least seven years in prison. Congress sets minimum and maximum statutory sentences. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Daryl S. McCormick, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); and Columbus Police Chief Elaine Bryant announced today’s verdict. Assistant United States Attorneys Elizabeth A. Geraghty and S. Courter Shimeall are representing the United States in this case.
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Individual Pleads Guilty to False Identity CrimeRead the Press Release
BOSTON – An individual pleaded guilty today in federal court in Boston in connection with fraudulently using the identity of a U.S. citizen.
Alexander Villalona Diaz, 37, previously of Lawrence, pleaded guilty to one count of false representation of a Social Security number and one count of aggravated identity theft. U.S. Senior District Judge Mark L. Wolf scheduled sentencing for Dec. 4, 2023. In December 2020, Villalona Diaz was indicted by a federal grand jury.
Villalona Diaz fraudulently used a Social Security number that was not his when applying for a renewal of a driver’s license with the Massachusetts Registry of Motor Vehicles in 2016.
The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutive to any other sentence imposed, one year 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 other statutory factors.
The investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized investigative group comprising personnel from various state, local, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations, in New England; Sharon MacDermott, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Roberto Coviello, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General, in New England; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; Jonathan Mellone, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General; Jonathan Davidson, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service; John E. Mawn, Jr., Interim Colonel of the Massachusetts State Police; and Massachusetts State Auditor Diana DiZoglio made the announcement. Assistant U.S. Attorney Adam W. Deitch of the Criminal Division is prosecuting the case.
Illinois Man Sentenced for Setting Fire to Reproductive Health Services FacilityRead the Press Release
An Illinois man was sentenced today for the arson of the Planned Parenthood Peoria Health Center in Peoria, Illinois.
Tyler W. Massengill, 33, was sentenced to 10 years in prison followed by three years of supervised release and was ordered to pay $1.45 million in restitution. He previously pleaded guilty on Feb. 16 to malicious use of fire and an explosive to damage, and attempt to damage, the Peoria Health Center.
According to court documents and statements made in court, Massengill maliciously set fire to the Peoria Health Center on Jan. 15 because he believed his ex-partner had received an abortion there, and he was angry about it. Massengill believed that, if his actions caused a little delay in a person receiving services at the Peoria Health Center, his conduct may have been worth it. The fire resulted in significant damage to the Peoria Health Center.
“This defendant’s violent conduct severely damaged the Peoria Health Center and obstructed patients’ access to reproductive health services,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to aggressively prosecute such unlawful, destructive acts, and to protect the clinics that provide reproductive health services, as well as their patients and staff.”
“The defendant’s destructive actions in setting fire to the Peoria Health Clinic were reprehensible and limited the ability of women in our community to access important reproductive health services,” said U.S. Attorney Gregory K. Harris for the Central District of Illinois. “We are grateful to our federal and local law enforcement partners for their excellent work on this investigation.”
“Massengill’s actions represent the very real threat posed by extremists in our communities,” said Special Agent in Charge David Nanz of the FBI Springfield Field Office. “Protecting the American people from such extremists remains a top priority for the FBI and our team remains laser-focused on identifying, investigating and disrupting individuals who cross the line from expressing protected speech to violating federal law.”
“Any violent act like this is unacceptable. Worse here, is that this defendant used violence to target health care providers and their patients,” said Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) . “I want to commend the ATF investigators, the prosecutors and our partners for taking action to protect the victims of this violent and potentially lethal arson.”
The FBI Springfield Field Office, Peoria Police Department and the ATF investigated the case, with assistance from the Peoria Fire Department.
Assistant U.S. Attorney Ronald L. Hanna for the Central District of Illinois prosecuted the case with assistance from Trial Attorney Erin Monju of the Civil Rights Division’s Criminal Section.
Anyone who has information about incidents of violence, threats and obstruction that target a patient or provider of reproductive health services, or damage and destruction of reproductive health care facilities, should report that information to the FBI at www.tips.fbi.gov. For more information about clinic violence, and the Justice Department’s related enforcement efforts, please visit www.justice.gov/crt/national-task-force-violence-against-reproductive-health-care-providers.
Idaho Falls Man Indicted for Possession with the Intent to Distribute over 70,000 Pills Containing FentanylRead the Press Release
POCATELLO – Jason Scott Hurley, 44, of Idaho Falls, was indicted on July 25, 2023, by a federal grand jury sitting in Pocatello on three counts of possession with the intent to distribute fentanyl, U.S. Attorney Josh Hurwit announced today.
The indictment alleges that on three separate occasions in June of 2023, Hurley knowingly and intentionally possessed four-hundred grams or more of a substance containing a detectable amount of fentanyl. According to court records, it is alleged that investigators seized over 70,000 pills from Hurley and storage units he controlled.
On August 2, 2023, Hurley appeared before U.S. Magistrate Judge Candy W. Dale and entered a not guilty plea. A jury trial is scheduled for October 10, 2023, before Senior U.S. District Judge B. Lynn Winmill at the Pocatello courthouse.
The charge of possession with the intent to distribute fentanyl in the amount of four‑hundred grams or more is punishable by at least ten years and up to life in prison, a maximum fine of $10,000,000, and at least five years of supervised release.
This case is being investigated by the Idaho Falls Police Department, with assistance from the Bonneville County Sherriff’s Office, the Idaho State Police (District 5), the Chubbuck Police Department, and Homeland Security Investigations in Idaho Falls.
Assistant U.S. Attorney Justin Paskett is prosecuting the case.
An indictment is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Hillsdale County Man Sentenced to 50 Years in Prison for Sexual Exploitation of ChildrenRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Tye Stiger, 35, from Jonesville, Michigan, was sentenced to 50 years in prison for sexually exploiting four girls between approximately 2007 and 2022. After being caught, Stiger fled to the Philippines before being arrested and returned to the United States to face criminal prosecution. When Stiger is released from prison, he will spend 10 years on supervised release.
“The sexual exploitation of our children will not be tolerated by my office,” said U.S. Attorney Totten. “While we can never erase the trauma these young girls experienced at the hands of Mr. Stiger, today’s sentence shows that we are committed to protecting our most vulnerable and holding offenders accountable.”
In February 2022, after two women reported that Stiger groomed and molested them years earlier, police executed a search warrant at Stiger’s home and seized his cell phones and computers. Investigators found voluminous child pornography on the electronics. There was a series of videos from between 2007 and 2009, in which Stiger set up a hidden video camera in a bathroom to record young girls changing their clothes. There were also nude pictures of young girls that Stiger took in 2022. After the search, Stiger flew to Asia with no return trip scheduled. In August 2022, investigators found and arrested Stiger in the Philippines, where he was working at a children’s ministry.
“I commend the victims in this case for their bravery in coming forward to expose the crimes committed by this now convicted felon,” said HSI Detroit Special Agent in Charge Angie M. Salazar. “HSI will continue to work with our partners across the country and around the world to ensure that justice is served for those who would prey on children in our communities.”
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney’s Office, county prosecutor's offices, the Internet Crimes Against Children task force, federal, state, tribal, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
This case was investigated by the Michigan State Police, U.S. Marshals Service, and Homeland Security Investigations.
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Guatemalan Man Sentenced in Methamphetamine ConspiracyRead the Press Release
Acting United States Attorney Susan Lehr announced that Gerso Ortega-Corado, 26, of Guatemala, was sentenced today in federal court in Omaha, Nebraska, for his participation in a methamphetamine conspiracy. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Ortega-Corado to 168 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a two-year term of supervised release. Ortega-Corado also agreed to the forfeiture of $169,283 that was seized as part of the investigation.
On April 11, 2022, an undercover (UC) Special Agent with the Drug Enforcement Administration communicated with a Mexican-based source of supply about purchasing four ounces of methamphetamine that could be delivered to the UC in Omaha. Arrangements were made, and later that day Ortega-Corado arrived and exchanged $1,000 for four ounces of methamphetamine.
On June 16, 2022, the DEA executed a number of search warrants on stash houses and storage sheds that had been identified as being utilized by the Mexican-based source of supply. At one of the stash houses, Ortega-Corado was observed leaving the location and was detained. A search of this location resulted in 26.3 kilograms of pure methamphetamine being seized. The apartment manager confirmed that Ortega-Corado resided at the residence. Additional evidence seized from that location included Ortega-Corado’s driver’s license, immigration paperwork, and $160,000. In total, $169,283 was seized from the different locations.
This case was investigated by the DEA, FBI, and the Omaha Police Department.
Grand Prairie Man Sentenced to Federal Prison in Connection with Donut Shop RobberiesRead the Press Release
SHERMAN, Texas – A second man has been sentenced to federal prison in connection with a string of violent home invasion type robberies in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs today.
Kendrick Donnell Jones, Jr., 24, of Grand Prairie, pleaded guilty to conspiracy to interfere with interstate commerce by robbery; aiding and abetting; conspiracy to kidnap; using, carrying, and brandishing a firearm during and in relation to a crime of violence. Jones was sentenced to 262 months in federal prison today by U.S. District Judge Amos Mazzant. Last month, Tony Sullivan was sentenced to 25 years in federal prison for his role in the robberies.
According to information presented in court, the FBI began an investigation into a series of home invasion type robbery incidents between April 2019 and December 2019 that targeted owners and operators of donut stores in the Dallas-Fort Worth Metroplex area. The robberies occurred late in the evening or very early in the morning before the shopkeepers departed for work. The assailants would force their way into the home and assault the home’s occupants. Victims were often beat with baseball bats and bound with duct tape while being held at gunpoint. At least nine robberies have been attributed to this crime spree. Due to the times of the robberies coinciding with the times the victims would have been leaving their residences to open their businesses, agents concluded the suspects had to have conducted physical surveillance to determine where the victims lived and when the victims would have been leaving their residences. On the evening of July 8, 2019, officers in Euless, Texas, received a call from a witness reporting an individual stumbling down his street with his hands bound by tape. The victim had a bleeding head wound and was transported to a hospital. The victim advised he returned home from his donut shop in Dallas to find two suspects in his residence. He was bound and beat with a baseball bat and ordered to open a safe. The assailants left with the victim’s car keys, cellular phone, approximately $9,500 from the safe, and approximately $900 from his wallet. Law enforcement agents utilized footage from surveillance videos, cell phone site data, and data extracted from cellular phones to determine Jones participated in the attack.
This case was investigated by the Federal Bureau of Investigation’s Dallas Violent Crimes Task Force, which includes the Dallas Police Department, the Garland Police Department, the Grand Prairie Police Department, the Richardson Police Department, and the Texas Department of Public Safety. Other investigating agencies who assisted in the investigation are the Bureau of Alcohol Tobacco and Firearms (ATF), the Carrollton Police Department, the Coppell Police Department, the Dallas Police Department, the Dalworthington Gardens Police Department, the Euless Police Department, and the Flower Mound Police Department. The case was prosecuted by Assistant U.S. Attorney Ernest Gonzalez.
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Founder of Artificial Intelligence Start-Up Charged with FraudRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced the unsealing of an Indictment charging MICHAEL BRACKETT with lying to investors about the financial condition of Centricity Inc., a technology company that BRACKETT founded in 2019. As alleged in the Indictment, BRACKETT — who also served as Centricity’s CEO — persuaded a victim to invest $500,000 in the company by sending a falsified customer list that included grossly inflated revenue numbers. Days later, BRACKETT resigned from Centricity, which ceased operations soon afterward.
BRACKETT was arrested earlier today in the District of Maine, where he will be presented before making an initial appearance in the Southern District of New York. The case is assigned to United States District Judge John G. Koeltl in the Southern District of New York.
U.S. Attorney Damian Williams said: “Although the industry is cutting edge, the crime was strictly analog: as alleged, Brackett fabricated documents and revenue numbers to persuade victims to invest in his start-up company. As in any other industry, investors in AI deserve transparency and fair dealing when considering if and where to invest in new technologies.”
According to the Indictment unsealed today in Manhattan federal court:[1]
Centricity was a New York City-based technology company that sought to give retailers, especially grocery stores, better insight into consumers’ preferences. According to public statements, Centricity used artificial intelligence algorithms that could analyze some 2.5 billion data points’ worth of internet traffic a day to predict demand for products, so that retailers could stock their shelves accordingly.
While serving as CEO of Centricity, BRACKETT repeatedly misrepresented the company’s financial condition. In spring 2021, BRACKETT sent prospective short-term lenders a bank statement that BRACKETT had manipulated to reflect that Centricity had more funds in its account than it actually did. In June 2021, BRACKETT sent a potential investor (“Victim‑1”) a spreadsheet that purportedly reflected Centricity’s current customers and monthly revenue. In fact, the majority of the 13 companies listed on the spreadsheet were not Centricity’s customers, and Centricity’s revenue was only a fraction of the amount listed on the spreadsheet.
Relying on BRACKETT’s misrepresentations, Victim-1 signed a convertible promissory note and directed an associate to wire $500,000 to Centricity. Within days, however, Victim-1 learned the truth about Centricity’s financial condition and attempted, unsuccessfully, to reverse the wire. Days later, BRACKETT resigned from Centricity, and, soon afterward, Centricity ceased operations. Victim-1 ultimately was unable to recover any of the $500,000 investment.
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BRACKETT, 36, a U.S. citizen residing in Switzerland, is charged with one count of securities fraud and one count of wire fraud, each of which carry a maximum sentence of 20 years in prison.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Mr. Williams praised the outstanding investigative work of the Special Agents from the U.S. Attorney’s Office for the Southern District of New York.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Patrick R. Moroney is in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
U.S. v. Brackett Indictment
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Former Special Agent in Charge of the New York FBI Counterintelligence Division Pleads Guilty to Conspiring to Violate U.S. Sanctions on RussiaRead the Press Release
Former Special Agent in Charge (SAC) of the FBI Counterintelligence Division in New York, Charles McGonigal, 54, of New York City, pleaded guilty today to conspiring to violate the International Emergency Economic Powers Act (IEEPA) and to commit money laundering in connection with his 2021 agreement to provide services to Oleg Deripaska, a sanctioned Russian oligarch.
According to court documents, on April 6, 2018, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned Russian oligarch Oleg Deripaska for having acted or purported to act on behalf of a senior official of the Government of the Russian Federation and for operating in the energy sector of the Russian Federation economy. The U.S. District Court for the District of Columbia affirmed the sanctions against Deripaska, finding, among other things, that OFAC’s determination that Deripaska had acted as an agent of Russian President Vladimir Putin was supported by the evidence.
“Charles McGonigal, by his own admission, betrayed his oath and actively concealed his illicit work at the bidding of a sanctioned Russian oligarch,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Today’s plea shows the Department of Justice’s resolve to pursue and dismantle the illegal networks that Russian oligarchs use to try to escape the reach of our sanctions and evade our laws.”
“After his tenure as a high-level FBI official who supervised and participated in investigations of Russian oligarchs, Charles McGonigal has now admitted that he agreed to evade U.S. sanctions by providing services to one of those oligarchs, Oleg Deripaska,” said U.S. Attorney Damian Williams for the Southern District of New York. “This office will continue to hold to account those who violate U.S. sanctions for their own financial benefit.”
“Charles McGonigal broke his oath to defend the Constitution and turned his back on his duty to protect the American people in favor of his own greed by working for a sanctioned Russian oligarch,” said Assistant Director Suzanne Turner of the FBI’s Counterintelligence Division. “Every day, the men and women of the FBI protect the American people and uphold the Constitution. No matter the perpetrator, even if it’s one of our own, the FBI will go to great lengths to investigate individuals who put their own interests above U.S. national security.”
As an FBI official, McGonigal had helped investigate Deripaska and other Russian oligarchs. In 2018, while serving as SAC, McGonigal received a then-classified list of Russian oligarchs with close ties to the Kremlin who would be considered for sanctions. In 2021, McGonigal conspired to provide services to Deripaska, in violation of the U.S. sanctions imposed on Deripaska in April 2018. Specifically, following his negotiations with an agent of Deripaska, McGonigal agreed to and did investigate a rival Russian oligarch in return for concealed payments from Deripaska. As part of their negotiations with Deripaska’s agent, McGonigal and the agent attempted to conceal Deripaska’s involvement by, among other means, not directly naming Deripaska in electronic communications, using shell companies as counterparties in the contract that outlined the services to be performed, using a forged signature on that contract, and using the same shell companies to send and receive payment from Deripaska.
McGonigal faces up to five years in prison for each count and is scheduled to be sentenced on Dec. 14. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI New York Field Office investigated the case, with valuable assistance provided by the U.S. Customs and Border Protection and the New York City Police Department.
Assistant U.S. Attorneys Hagan Scotten, Rebecca T. Dell, and Derek Wikstrom for the Southern District of New York are prosecuting the case with valuable assistance provided by Trial Attorney Christina A. Clark of the National Security Division’s Counterintelligence and Export Control Section.
McGonigal Plea AgreementFormer Special Agent in Charge of the New York FBI Counterintelligence Division Pleads Guilty to Conspiring to Violate U.S. Sanctions on RussiaRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Matthew G. Olsen, the Assistant Attorney General of the Justice Department’s National Security Division, and James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that CHARLES MCGONIGAL, a former Special Agent in Charge (“SAC”) of the Federal Bureau of Investigation’s (“FBI”) Counterintelligence Division in New York, pled guilty to conspiring to violate the International Emergency Economic Powers Act (“IEEPA”) and to commit money laundering in connection with his 2021 agreement to provide services to Oleg Deripaska, a sanctioned Russian oligarch. MCGONIGAL pled guilty today before U.S. District Judge Jennifer H. Rearden.
U.S. Attorney Damian Williams said: “After his tenure as a high-level FBI official who supervised and participated in investigations of Russian oligarchs, Charles McGonigal has now admitted that he agreed to evade U.S. sanctions by providing services to one of those oligarchs, Oleg Deripaska. This Office will continue to hold to account those who violate U.S. sanctions for their own financial benefit.”
Assistant Attorney General of the Justice Department’s National Security Division Matthew G. Olsen said: “Charles McGonigal, by his own admission, betrayed his oath and actively concealed his illicit work at the bidding of a sanctioned Russian oligarch. Today’s plea shows the Department of Justice’s resolve to pursue and dismantle the illegal networks that Russian oligarchs use to try to escape the reach of our sanctions and evade our laws.”
FBI Assistant Director in Charge James Smith said: “Economic sanctions are a critical component of our national security policy. They must be fully and fairly applied to effectively limit the resources of those who threaten to harm the United States and our global allies. Sanctions evasion by fraudulent means is a serious criminal offense. By entering a guilty plea today, former FBI official Charles McGonigal has accepted responsibility for his actions. The FBI is committed to rigorously investigating reported sanctions violations and relentlessly pursue anyone engaged in such activity.”
According to publicly filed court documents and statements made in court proceedings:
In 2014, the President issued Executive Order 13660, which declared a national emergency with respect to the situation in Ukraine. To address this national emergency, the President blocked all property of individuals determined by the U.S. Treasury to be responsible for or complicit in actions or policies that threatened the security, sovereignty, or territorial integrity of Ukraine, or who materially assist, sponsor, or provide support to individuals or entities engaging in such activities. Executive Order 13660 and regulations issued pursuant to it prohibit making or receiving any funds, goods, or services by, to, from, or for the benefit of any person designated by the U.S. Treasury.
On April 6, 2018, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) designated Oleg Deripaska as a Specially Designated National in connection with its finding that the actions of the Government of the Russian Federation with respect to Ukraine constitute an unusual and extraordinary threat to U.S. national security and foreign policy. According to the U.S. Treasury, Deripaska was sanctioned for having acted or purported to act on behalf of, directly or indirectly, a senior official of the Government of the Russian Federation and for operating in the energy sector of the Russian Federation economy. The U.S. District Court for the District of Columbia affirmed the sanctions against Deripaska. It found, among other things, that OFAC’s determination that Deripaska acted as an agent of Russian President Vladimir Putin was supported by the evidence.
As an FBI official, MCGONIGAL had helped investigate Deripaska and other Russian oligarchs. In 2018, while serving as SAC, MCGONIGAL received a then-classified list of Russian oligarchs with close ties to the Kremlin who would be considered for sanctions. In 2021, MCGONIGAL conspired to provide services to Deripaska, in violation of U.S. sanctions imposed on Deripaska in 2018. Specifically, following his negotiations with an agent of Deripaska, MCGONIGAL agreed to and did investigate a rival Russian oligarch in return for concealed payments from Deripaska. As part of their negotiations with Deripaska’s agent, MCGONIGAL and the agent attempted to conceal Deripaska’s involvement by, among other means, not directly naming Deripaska in electronic communications, using shell companies as counterparties in the contract that outlined the services to be performed, using a forged signature on that contract, and using the same shell companies to send and receive payment from Deripaska.
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MCGONIGAL, 55, of New York, New York, pled guilty to one count of conspiring to violate the IEEPA and to commit money laundering, which carries a maximum sentence of five years in prison.
The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. MCGONIGAL is scheduled to be sentenced by Judge Rearden on December 14, 2023.
Mr. Williams praised the outstanding work of the FBI New York Field Office’s Counterintelligence Division and the valuable assistance from U.S. Customs and Border Protection as well as the New York City Police Department.
The case is being prosecuted by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Hagan Scotten, Rebecca T. Dell, and Derek Wikstrom are in charge of the prosecution with assistance from Trial Attorney Christina A. Clark of the National Security Division’s Counterintelligence and Export Control Section and Paralegal Specialist Christopher de Grandpre.
U.S. vs McGonigal InformationFormer San Jose State University Director of Sports Medicine Pleads Guilty to Civil Rights Violations for Unlawful Sexual Touching of Female Student-AthletesRead the Press Release
A former San Jose State University (SJSU) director of sports medicine pleaded guilty today in the Northern District of California for unlawfully touching female student-athletes under the guise of providing medical treatment.
As part of the plea agreement, Scott Shaw admitted that, between 2017 and 2020, he violated the civil rights of four students who played on women’s athletics teams by touching their breasts and buttocks without their consent and without a legitimate medical purpose.
According to documents filed in connection with the plea agreement, from 2008 until August 2020, Shaw served as the director of sports medicine and head athletic trainer at SJSU, a public university that is part of the California State University system and was an employee of the State of California. His duties included treating injuries sustained by student-athletes at SJSU.
During the fall semester of 2017, Shaw treated I.S., a member of the women’s water polo team. On one occasion while treating I.S., Shaw began massaging the back of her shoulder and neck, and then he moved his hands down and touched her breast.
During the 2017-2018 and 2018-2019 academic years, Shaw treated J.M., a member of the women’s water polo team. While doing so on one occasion, Shaw applied pressure to both sides of her neck and worked his hands down to her chest, and then he touched her breast, including her areola, under her clothing with his bare hand. On another occasion while treating J.M.’s back, Shaw touched her buttocks under her clothing with his bare hand.
During the spring semester of 2019, Shaw treated A.L., a member of the women’s water polo team. Shaw treated A.L. to address an injury to her shoulder, and while treating A.L.’s injury, he touched her breast under her clothing with his bare hand.
During the 2019-2020 academic year, Shaw treated K.B., a member of the women’s soccer team, on two occasions. On one occasion, K.B. sought treatment for back pain, and, while examining her spine, Shaw touched her breasts, and then he touched her buttocks. On another occasion, K.B. sought assistance in applying electrotherapy patches known as “stim pads” to treat her back pain, and Shaw touched her buttocks under her clothing with his bare hands while placing the stim pads.
According to documents filed in connection with the plea agreement, Shaw admitted that he engaged in all of the conduct described above on SJSU’s campus in San Jose, California, and in his capacity as a SJSU athletic trainer, and the student-athletes only allowed him to have physical contact with them because of his status as a SJSU Athletic Trainer. Shaw also admitted that he touched each of the student-athletes as described above without any legitimate diagnostic or treatment purpose, and without seeking or securing their consent in advance. Shaw further admitted that his conduct was not the result of mistake, carelessness, or accident.
“Scott Shaw abused his position of trust and authority as a public university official to sexually assault female student-athletes who entrusted him with their medical care,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “No student-athlete should ever be subject to sexual harassment at the hands of their sports medicine director, coach or any other official at a college or university. This egregious conduct violates federal law, and the Justice Department will aggressively prosecute individuals who exploit their positions of authority to sexually abuse our community members. We stand with the survivors and thank them for their courage and willingness to support the government’s prosecution of this defendant.”
“Shaw now has acknowledged his guilt and has admitted the conduct that resulted in the charges that were filed against him,” said First Assistant U.S. Attorney Patrick Robbins for the Northern District of California. “We hope his guilty plea and conviction bring some level of solace to his victims, and we now look to sentencing which will be a major step toward bringing this matter to a conclusion.”
“The defendant in this case used his position as an athletic trainer to commit acts of abuse against multiple female athletes who came to him for care,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “Today’s guilty plea shows that the FBI will not tolerate violations of civil rights under the guise of legitimate medical treatment.”
Sentencing is scheduled for Nov. 14. Shaw faces a maximum penalty of one year in prison for each count, a maximum of one year of supervised release for each count and a fine of up to $100,000 on each count.
The FBI San Francisco Field Office investigated the case.
Assistant U.S. Attorney Michael Pitman for the Northern District of California, and Trial Attorney MarLa Duncan and Attorney Advisor Sarah Howard of the Civil Rights Division’s Criminal Section are prosecuting the case.
Fargo Man Pleads Guilty to Second Degree Murder and Voluntary Manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced that Shilo Aaron Oldrock, 30, and an enrolled member of the Spirit Lake Sioux Tribe, pled guilty in federal court to second degree murder and voluntary manslaughter. Oldrock will remain in custody pending sentencing which has not been scheduled.
According to court documents, on January 29, 2021, Oldrock and John Doe 1 attacked and killed John Doe 2. Later, on October 10, 2021, Oldrock attacked and killed John Doe 1 before decapitating his head with an axe and throwing it in a woodstove inside John Doe 1’s residence. Oldrock did so because he believed John Doe would harm him in order to cover up John Doe 2’s murder. Oldrock also believed that John Doe 1 had killed Oldrock’s grandmother.
At sentencing, Oldrock faces up to 35 years in prison.
John Doe 2’s family reported him missing and he was added to the FBI’s List of Native Americans Verified as Missing Throughout New Mexico and the Navajo Nation. The List is the first of its kind in the nation and was created in an effort to improve the reporting of missing persons throughout New Mexico and the Navajo Nation. Partners involved in the project include the U.S. Attorney’s Office, Bureau of Indian Affairs Office of Justice Services, New Mexico’s Missing and Murdered Indigenous Women and Relatives (MMIWR) Task Force, New Mexico Attorney General’s Office, New Mexico Department of Public Safety, New Mexico Department of Indian Affairs, Bernalillo County District Attorney’s Office, and the City of Albuquerque Office of Equity and Inclusion. The FBI also receives information and support from the Navajo Nation, Native American pueblos, and local law enforcement.
The list is updated monthly and can be found at fbi.gov/mmip.
The FBI is seeking public assistance and information on the cases. If you have information concerning any of the cases, please contact your local FBI office, the nearest American Embassy or Consulate, or submit a tip online at tips.fbi.gov.
The FBI Albuquerque Field Office investigated this case with assistance from the Navajo Department of Criminal Investigations and the Gallup Police Department. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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Erwin Man Sentenced to 262 Months Imprisonment for Methamphetamine TraffickingRead the Press Release
GREENEVILLE, Tenn. – On August 14, 2023, Joshua Dwayne Mabery, 47, of Erwin, Tennessee, was sentenced to 262 months in federal prison, by the Honorable J. Ronnie Greer, in the United States District Court for the Eastern District of Tennessee at Greeneville.
Following a three-day trial, ending on March 30, 2023, Mabery was convicted of conspiracy to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C.§§ 846 and 841(a)(1); and possession with the intent to distribute methamphetamine, in violation of 21 U.S.C.§ 841(a)(1). Upon his release from prison, Mabery will be on supervised release for 10 years.
The evidence presented at trial demonstrated that Mabery, who had recently been released from prison related to a federal conviction in 2012 for conspiracy to manufacture methamphetamine, began distributing methamphetamine in the fall of 2020 in northeast Tennessee. In February 2021, he and a co-conspirator were arrested in Washington County, Tennessee, as they returned from Knoxville with over a half-kilogram of crystal methamphetamine they had just purchased from another co-conspirator.
U.S. Attorney Francis M. Hamilton III of the Eastern District of Tennessee made the announcement.
The criminal indictment was the result of a joint investigation by the Carter County Sheriff’s Office, Johnson City Police Department, Tennessee Highway Patrol, Drug Enforcement Administration, Homeland Security Investigations, and United States Postal Service Office of Inspector General.
Assistant United States Attorneys J. Gregory Bowman and B. Todd Martin represented the United States.
This case was a result of the Department of Justice’s Organized Crime and Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.
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El Departamento de Justicia lanza un Plan de Acceso al Lenguaje para ampliar el acceso a los recursos y programas del DepartamentoRead the Press Release
El Departamento de Justicia lanzó hoy un Plan de Acceso al Lenguaje actualizado para todo el Departamento que ayuda a garantizar que todas las personas, independientemente del idioma que hablen, tengan acceso y puedan participar plenamente en los programas, actividades y servicios del Departamento. El Plan de Acceso al Lenguaje brinda orientación a las oficinas del Departamento para ayudarlas a reforzar la planificación del acceso al lenguaje, lo que incluye comprender las necesidades de las comunidades con dominio limitado del inglés, mejorar los servicios de traducción e interpretación, promover el control de calidad de esos servicios y ampliar la variedad de herramientas disponibles para servir al público.
“Las barreras del lenguaje no deben obstaculizar el acceso a los servicios del gobierno”, expresó el Fiscal General Merrick B. Garland. “Este Plan de Acceso al Lenguaje actualizado es un paso importante para garantizar que todas las personas puedan denunciar delitos, acceder a recursos importantes y buscar ayuda del Departamento de Justicia cuando la necesiten”.
“El acceso expansivo al lenguaje promueve la misión del Departamento de Justicia de defender el estado de derecho, mantener a nuestro país seguro y proteger los derechos civiles”, señaló la Fiscal General Adjunta Lisa O. Mónaco. “Me siento orgullosa del trabajo que está haciendo el Departamento para modernizar, optimizar y mejorar nuestras políticas y recursos lingüísticos para servir mejor a todos los estadounidenses, incluidas las personas que enfrentan barreras por el lenguaje”.
“Cada persona en este país merece un acceso significativo a los servicios y programas gubernamentales”, dijo la Fiscal General Adjunta Vanita Gupta. “Estas políticas actualizadas reflejan el compromiso del Departamento de Justicia para eliminar las barreras del lenguaje que impiden que muchas comunidades comprendan sus derechos, denuncien delitos o tengan acceso total y equitativo a los recursos del Departamento”.
El Plan de Acceso al Lenguaje actualizado se emite de conformidad con el Memorándum para líderes de agencias federales, directores de oficinas de derechos civiles y consejeros generales sobre el fortalecimiento del compromiso del gobierno federal con el acceso lingüístico de noviembre de 2022 del Fiscal General Garland, el cual ordenó a la División de Derechos Civiles del Departamento de Justicia que trabaje con las agencias federales para mejorar los esfuerzos para garantizar un acceso lingüístico significativo y revisar y actualizar en consecuencia sus planes y políticas de acceso al lenguaje. También marca el 23o aniversario de la Orden Ejecutiva 13166, Mejorar el acceso a los servicios para personas con dominio limitado del inglés (16 de agosto de 2000), que requiere que las agencias federales desarrollen e implementen sistemas que permitan a las personas con dominio limitado del inglés acceder de manera significativa a sus servicios.
La Oficina de Acceso a la Justicia dirigió el desarrollo del Plan actualizado del Departamento, en colaboración con el Grupo de Trabajo de Acceso al Lenguaje del Departamento y la División de Derechos Civiles. Este trabajo es parte del liderazgo más amplio de la Oficina de Acceso a la Justicia (ATJ por sus siglas en inglés) y del Grupo de Trabajo de los esfuerzos del Departamento para ampliar los recursos de acceso al lenguaje, mejorar la concienciación sobre los problemas de acceso al lenguaje y brindar capacitación y asistencia técnica a otras oficinas dentro del DOJ y en todo el gobierno federal.
“El acceso a la justicia significa acceso al lenguaje”, dijo la directora de la ATJ, Rachel Rossi. “A través de las políticas actualizadas en este Plan de Acceso al Lenguaje, volvemos a comprometernos a expandir el acceso al lenguaje como un componente central de todos los programas y actividades del Departamento”.
La División de Derechos Civiles, de conformidad con el memorándum del Fiscal General Garland y su responsabilidad de garantizar el cumplimiento constante y coordinado de todo el gobierno con la Orden Ejecutiva 13166 y el Título VI de la Ley de Derechos Civiles de 1964, también brindó asistencia técnica exhaustiva y se comprometió con partes interesadas externas para ayudar al Departamento y otras agencias federales a actualizar y revisar sus planes de acceso lingüístico. La división reunió a más de 35 agencias federales en sesiones que involucraron a expertos y personal federal para identificar el uso efectivo de empleados bilingües calificados, cómo crear contenido digital multilingüe y las necesidades únicas de acceso al idioma de las personas que hablan idiomas indígenas o tienen una discapacidad. Hoy, la división también agrega una nueva guía para apoyar los esfuerzos de la agencia para recopilar datos de idiomas y publicar contenido multilingüe en su catálogo de recursos de acceso lingüístico en www.LEP.gov.
“Este Plan de Acceso al Lenguaje revisado subraya el compromiso continuo del Departamento con el acceso lingüístico en nuestros propios programas y actividades”, señaló la Fiscal General Auxiliar Kristen Clarke de la División de Derechos Civiles del Departamento de Justicia. “Esperamos publicar todos los planes revisados de acceso al lenguaje de la agencia en www.LEP.gov para ayudar a garantizar que todas las partes interesadas sepan cómo obtener un acceso significativo al idioma cuando interactúan con el gobierno federal”.
El Plan actualizado se traducirá a varios idiomas y estará disponible en el sitio web del Departamento utilizando la herramienta de selección de idioma lanzada recientemente por el Departamento.
Corinna Counselor Pleads Guilty to Defrauding MaineCare Using Falsified Treatment RecordsRead the Press Release
BANGOR, Maine: A Corinna woman pleaded guilty in U.S. District Court in Bangor today to false statements involving a health care benefit program.
According to court records, between April and December 2020, April McKinney, known professionally as April Taylor, 46, falsified appointment details and session notes in therapy service records. McKinney used the falsified records to bill and receive funds from MaineCare. MaineCare is funded primarily by the federal government which pays approximately two-thirds of all reimbursed claims. The deceitful act of submitting falsified information led to the misuse of taxpayer dollars through reimbursements higher than warranted by any actual patient care given.
McKinney faces up to five years in prison and a fine of up to $250,000. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The FBI investigated the case.
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Convicted Felon Sentenced on Federal Gun Possession ChargeRead the Press Release
EAST ST. LOUIS, Ill. – A U.S. District judge sentenced an East St. Louis man to five years in federal prison after he admitted to possessing firearms as a convicted felon.
Devonte T. Franklin, 30, pleaded guilty to one count of felon in possession of a firearm. In addition to the prison sentence, he will serve three years of supervised release and was ordered to pay a $100 fine and $100 in special assessments.
“This case serves as proof of police officers working courageously to deter the prevalence of gun violence and remove those offenders from St. Clair County,” said U.S. Attorney Rachelle Aud Crowe.
“The Illinois State Police Public Safety Enforcement Group continues to get illegal guns off the streets and out of the hands of criminals who repeatedly break the law,” said ISP Director Brendan F. Kelly. “The collaborative effort between ISP, local law enforcement agencies, the public, and the justice system is helping create safer communities.”
According to court documents, during the early hours of June 8, 2022, Franklin was riding in a car wanted in relation to a robbery when it was stopped by officers with the Washington Park Police Department. When asked to exit the vehicle, Franklin grabbed the waistband of his pants and pulled away from law enforcement. After a brief struggle, Franklin was taken into custody for resisting arrest, and officers located two loaded firearms in his waistband. One of Franklin’s guns had a handle wrapped in electrical tape. A third gun was also located inside the vehicle.
Franklin was charged for possessing a loaded .38 revolver and a loaded .380 semi-automatic firearm. At the time of his arrest, the defendant was on parole for a firearm and had spent time in both state and federal prison for convictions for unlawful possession of a firearm.
The Illinois State Police Public Safety Enforcement Group (PSEG) and the Washington Park Police Department conducted the investigation. Assistant U.S. Attorney Ali Burns prosecuted the case.
Connecticut Man Sentenced to over Three Years in Prison for Human Smuggling ConspiracyRead the Press Release
BOSTON – A Connecticut man was sentenced today in federal court in Worcester for conspiring to commit human smuggling.
Fagner Chaves De Lima, 42, of East Hartford, Conn., was sentenced by U.S. District Court Judge Margaret R. Guzman to 41 months in prison and three years of supervised release. In April 2023, De Lima pleaded guilty to one count of attempted human smuggling.
De Lima conspired with others to illegally smuggle individuals from Brazil into the United States for money and profit. In exchange for payments of thousands of dollars, De Lima and conspirators made travel arrangements for clients to illegally enter the United States from Brazil by plane or bus, and arranged lodging accommodations for clients during their travel. In addition, De Lima extorted clients while their journey to the United States was underway by threatening to harm them and/or their family if they did not pay additional money. De Lima and his conspirators also created and transmitted false documents that were used as part of the illegal smuggling operation.
In May and June 2022, an undercover agent-initiated communications with De Lima over WhatsApp under the guise that the agent sought to have his sister and niece smuggled into the United States. The undercover agent offered to pay $15,000 for De Lima’s services, and De Lima agreed to the arrangement. De Lima stated during these communications (translated from Portuguese) that he had been engaged in human smuggling “for 20 years,” and that he will smuggle individuals “whether you have a visa, no visa, or if . . .[they] are wanted by the police.” De Lima also acknowledged in later messages that human smuggling is “dangerous.” On June 16, 2022, De Lima traveled to Worcester to meet with the undercover agent, during which De Lima accepted two checks for the agreed upon total of $15,000 in exchange for his smuggling services and requested the sister’s passport and Social Security number.
“At its core, human smuggling operations exploit some of the most vulnerable people in our society purely for profit,” said Acting United States Attorney Joshua S. Levy. “We are determined to hold people engaged in this conduct accountable.”
“No human being should ever be treated as a commodity but that is exactly what Fagner Chaves De Lima did when he conspired with others to exploit, endanger, and extort those seeking a new life in America to rake in hundreds of thousands of dollars for himself,” said Christopher DiMenna, Acting Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Today’s sentence demonstrates that we have zero tolerance for people who run human smuggling operations.”
Acting U.S. Attorney Levy and FBI Acting SAC DiMenna made the announcement. Valuable assistance was provided by U.S. Customs and Border Protection, Yuma Field Office; Homeland Security Investigations in Yuma; U.S. Postal Inspection Service, Boston Division; and the Marlborough, Worcester, Hartford (Conn.) and East Hartford (Conn.) Police Departments. Assistant U.S. Attorney John T. Mulcahy of the Criminal Division prosecuted the case.
If you believe that you or someone you know may be a victim of human smuggling/trafficking, please contact the National Human Trafficking Resource Center Hotline at 1-888-373-7888, or Text 233733.
Common Fraudulent Charitable Contribution Schemes During Times of Disaster and EmergencyRead the Press Release
HONOLULU – As the devastation of our communities on Maui and Hawaii Island continues to unfold, local and national organizations have created ways for volunteers to assist as well as to provide donations of food, money and other resources. While such efforts provide critical aid, we know that during periods of tremendous need like this, criminals do not hesitate to take advantage of the challenging times to commit fraud and other crimes. For instance, we frequently have seen bad actors do the following during emergencies:
- Use fake charities to solicit donations by either falsely using the names of well-known charities or reasonably presenting as charities that can assist in a disaster;
- Impersonate government officials promising disaster assistance if victims provide money or personal information to the impersonator, including information like dates of birth, social security numbers, and bank account information;
- Impersonate insurance provider representatives requesting money and personal information;
- Solicit victims to invest in non-existent businesses and ventures offering recovery services such as cleanup, rebuild options, and products to make homes more resistant to future disasters such as wildfires;
Moreover, victims are frequently further victimized by property theft of businesses and residences abandoned during the disaster. To avoid becoming a victim of these types of crimes, here are a few suggestions:
- Only make donations to known charities. Research the charity by visiting recognized charity information/rating websites such as the www.Give.org, CharityNavigator.org, and CharityWatch.org;
- Do not make a donation in response to an e-mail, instant message, phone call, text, etc. Contact the charity directly through its website or public telephone number;
- Do not respond to any unsolicited (spam) incoming e-mails, including clicking links contained within those messages, because they may contain computer viruses;
- Never assume that charity solicitations posted on the internet and social media are legitimate;
- Avoid cash donations to charities - use a credit card or pay with a check;
- Never transmit donations to a named individual;
- Avoid being victimized by impersonators of government officials, insurance companies, investment companies, and other such actors by terminating phone call solicitations or other efforts to engage (e.g., email, texts). Instead, directly call the government agency, insurance company, and/or investment company using a well-advertised/posted phone number and/or e-mail address.
Individuals who have been targeted by fraudsters or been the victim of disaster-related fraud are encouraged to contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or online at www.justice.gov/DisasterComplaintForm. The NCDF is a partnership between the U.S. Department of Justice and various law enforcement and regulatory agencies that serves as a national coordinating agency within the Criminal Division of the Department of Justice to improve and further the detection, prevention, investigation, and prosecution of fraud related to natural and man-made disasters, and to advocate for the victims of such fraud.
Columbus Resident Pleads Guilty to Possessing AR-15 Styled Ghost GunRead the Press Release
COLUMBUS, Ga. – A Columbus resident with a criminal history faces up to life in prison after he pleaded guilty to several federal gun and drug charges, including possessing a privately-made, untraceable machine gun.
Quintavius Harrow aka “Cootie,” 31, of Columbus, Georgia, pleaded guilty to one count of possession of a firearm by a convicted felon, one count of possession with intent to distribute methamphetamine, one count of possession of ammunition by a convicted felon and one count of illegal possession of a machine gun. Harrow faces a maximum sentence of life in prison to be followed by five years of supervised release and a $10,000,000 fine. Sentencing is scheduled for Dec. 19. There is no parole in the federal system.
“The proliferation of ghost guns—self-made and untraceable weapons—is a threat to public safety,” said U.S. Attorney Peter D. Leary. “Combating gun violence is a top priority for our office and our law enforcement partners. We will continue to devote every resource available to cracking down on illegal firearms and hold those who possess unlawful ghost guns accountable.”
“The FBI, in collaboration with our law enforcement partners, are committed to the safety and security of our community,” said Rich Bilson, Senior Supervisory Resident Agent of FBI Atlanta’s Columbus office. “This plea removes a dangerous career criminal from our streets and lands him in federal prison, without the opportunity for parole.”
“This violent drug trafficker can no longer distribute dangerous drugs, such as methamphetamine, as he now faces the consequences for his poor choices,” said Robert J. Murphy, Special Agent in Charge of the DEA Atlanta Division.
"Quintavius Harrow's possession of a privately-made, untraceable machine gun underscores the urgent need to address the rapid reproduction of such dangerous weapons,” said Columbus Police Chief Stoney Mathis. “This case exemplifies our commitment to public safety and collaborative efforts to combat violent crime. We remain dedicated to our partnership with federal and local agencies and community programs in reducing these threats."
“We will continue to work in collaboration with all law enforcement partners to remove these types of threats from our community for a safer Columbus,” said Muscogee County Sheriff Greg Countryman.
According to court documents, FBI and DEA conducted a controlled purchase of methamphetamine from Harrow using a confidential source (CS) on March 18, 2022. During the transaction, Harrow was filmed in possession of an AR-15 styled pistol and sold the CS two bags containing a total of 498 grams of methamphetamine. On April 26, 2022, Muscogee County Sheriff’s Office (MCSO) Drug and Gang Task force agents executed a search warrant at a trap house located at 813 Coolidge Avenue in Columbus, where Harrow was observed selling methamphetamine to the CS the month prior. Harrow was in the home along with other individuals. Law enforcement found a variety of illegal drugs and several firearms throughout the house. Notably, in a back bedroom, officers located the same AR-15 style pistol Harrow carried on March 18. With no known manufacturer or visible serial number, the AR-15 style pistol had a large capacity magazine and 30 rounds of ammunition. FBI examined the AR-15 style pistol and determined it was a “ghost gun” equipped with an auto sear, which converted the firearm to a machine gun. Ghost guns are untraceable firearms assembled by private individuals from firearm components.
Prior to these incidents, on March 6, 2020, Columbus Police Department (CPD) Special Operation’s unit officers were surveilling the area of Elizabeth Canty Apartments. Officers observed several people standing near a vehicle, including Harrow. Upon approach by officers, Harrow began walking away and then discarded a yellow container containing methamphetamine and a stolen HK 9mm, semi-automatic pistol with an extended magazine. Harrow was taken into custody with a digital scale with marijuana residue and $436 cash in his pocket.
Harrow has a criminal history for robbery by intimidation in Muscogee Co., Georgia, Superior Court and use of a gun with an altered identification mark in Chattahoochee County, Georgia, Superior Court. It is illegal for a convicted felon to possess a firearm.
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 was investigated by FBI, DEA, the Muscogee Co. Sheriff’s Office and the Columbus Police Department, with assistance from GBI.
Assistant U.S. Attorney Christopher Williams is prosecuting the case for the government.
Chillicothe, Illinois, Man Sentenced for Setting Fire to Reproductive Health Services FacilityRead the Press Release
PEORIA, Ill. – A Chillicothe, Illinois, man, was sentenced today for the arson of the Planned Parenthood Peoria Health Center in Peoria, Illinois.
Tyler W. Massengill, 33, was sentenced to 120 months in prison, to be followed by three years of supervised release, and was ordered to pay $1,450,000 in restitution by U.S. District Judge James E. Shadid. He previously pleaded guilty on February 16, 2023, to malicious use of fire and an explosive to damage, and attempt to damage, the Peoria Health Center.
According to court documents and statements made in court, Massengill maliciously set fire to the Peoria Health Center on January 15, 2023, because he believed his ex-partner had received an abortion there, and he was angry about it. Massengill believed that, if his actions caused a little delay in a person receiving services at the Peoria Health Center, his conduct may have been worth it. The fire resulted in significant damage to the Peoria Health Center.
“This defendant’s violent conduct severely damaged the Peoria Health Center and upended patients’ access to reproductive health services,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to aggressively prosecute such unlawful, destructive acts, and to protect the clinics that provide reproductive health services, as well as their patients and staff.”
“The defendant’s destructive actions in setting fire to the Peoria Health Clinic were reprehensible and limited the ability of women in our community to access important reproductive health services,” said U.S. Attorney for the Central District of Illinois Gregory K. Harris. “We are grateful to our federal and local law enforcement partners for their excellent work on this investigation.”
“Massengill’s actions represent the very real threat posed by extremists in our communities,” said FBI Springfield Field Office Special Agent in Charge David Nanz. “Protecting the American people from such extremists remains a top priority for the FBI and our team remains laser-focused on identifying, investigating, and disrupting individuals who cross the line from expressing protected speech to violating federal law.”
“Any violent act like this is unacceptable. Worse here, is that this defendant used violence to target health care providers and their patients,” said ATF Director Steven Dettelbach. “I want to commend the ATF investigators, the prosecutors and our partners for taking action to protect the victims of this violent and potentially lethal arson.”
“Our agents worked alongside our law enforcement partners to ensure the defendant was held accountable for this arson,” said ATF Special Agent in Charge Christopher Amon of the Chicago Field Division. “I commend the coordination and commitment in both investigating and prosecuting this important case.”
“Massengill’s criminal activity was destructive in many ways – not just physically but emotionally for those that count on Planned Parenthood for their healthcare needs,” said Peoria Police Chief Eric Echevarria. “I am proud of the work our officers, detectives, and federal partners did to arrest the perpetrator of this horrible crime and bring justice to all those it affected.”
The FBI Springfield Field Office, Peoria Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case, with assistance from the Peoria Fire Department.
Assistant U.S. Attorney Ronald L. Hanna for the Central District of Illinois prosecuted the case with assistance from Trial Attorney Erin Monju of the Civil Rights Division’s Criminal Section.
Anyone who has information about incidents of violence, threats and obstruction that target a patient or provider of reproductive health services, or damage and destruction of reproductive health care facilities, should report that information to the FBI at www.tips.fbi.gov. For more information about clinic violence, and the Justice Department’s related enforcement efforts, please visit www.justice.gov/crt/national-task-force-violence-against-reproductive-health-care-providers.
California Man Admits Selling Guns and Methamphetamine over InternetRead the Press Release
NEWARK, N.J. – A California man today admitted conspiring to unlawfully sell firearms and methamphetamine via the internet, U.S. Attorney Philip R. Sellinger announced.
Angelo Chavez, 23, of Manteca, California, pleaded guilty before U.S. District Judge Claire C. Cecchi to an information charging him with one count each of conspiracy to unlawfully deal in firearms and conspiracy to distribute methamphetamine.
According to documents filed in this case and statements made in court:
Starting in August 2020, undercover law enforcement agents began communicating with Chavez and several conspirators via a social media platform, where Chavez and his conspirators advertised for sale various narcotics and firearms. From August 2020 and December 2021, undercover law enforcement agents purchased 13 firearms from Chavez and his conspirators, including six AR-15 firearms, two of which were shipped with auto sear switches which enable the firearms to function as fully automatic machine guns. Undercover agents also purchased methamphetamine from Chavez and his conspirators. Chavez and his conspirators were paid mostly in cryptocurrency and mailed the drugs and guns from addresses in California to New Jersey.
The conspiracy to unlawfully deal in firearms charge carries a statutory maximum of five years in prison and a fine of $250,000. The conspiracy to distribute methamphetamine charge carries a maximum of 20 years in prison and a fine of $1 million. Sentencing is scheduled for Dec. 21, 2023.
U.S. Attorney Sellinger credited postal inspectors of the U.S. Postal Inspection Service in Newark, under the direction of Postal Inspector in Charge Christopher A. Nielsen, Philadelphia Division; and special agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Field Division, under the direction of Special Agent in Charge Bryan Miller, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Vera Varshavsky of the U.S. Attorney’s Criminal Division in Newark.
chavez.information.pdfCalifornia Company Sentenced for Illegally Discharging Wastewater from Olive Branch Manufacturing PlantRead the Press Release
Oxford, MS – A California company operating a manufacturing facility in Olive Branch, Mississippi, was sentenced today for discharging wastewater into a Publicly Owned Treatment Works without obtaining a valid state permit.
According to court documents, View, Inc., headquartered in Milipitas, California, previously plead guilty to a charge of negligently discharging wastewater into a Publicly Owned Treatment Works (POTW) without making an application for and obtaining a valid state permit, in violation of 33 U.S.C. § 1319(c)(1)(A). View, Inc.’s, sole manufacturing facility is located in Olive Branch, Mississippi. As part of its manufacturing process, View, Inc., discharges wastewater from glass cutting, grinding, washing, and polishing directly to two discharge points connected to the city’s sewer system. View, Inc., is a Significant Industrial User discharging approximately 248,000 gallons per day to the city’s POTW accounting for more than 38% of the POTW’s designed and permitted capacity of 537,000 gallons per day. From on or about December 11, 2018, to on or about June 28, 2021, View, Inc., by and through its employees, negligently violated a requirement of a pretreatment program approved under 33 U.S.C. § 1342(b) by discharging without a permit.
U.S. District Judge Sharion Aycock sentenced View, Inc., today to a three-year term of probation and ordered View, Inc., to pay a fine in the amount of Three Million dollars ($3,000,000.00). The court further ordered View, Inc., to make a community service payment to DeSoto County Regional Utility Authority in the total amount of Four Hundred Fifty Thousand dollars ($450,000.00) to be used for the sole purpose of expanding wastewater treatment capacity in DeSoto County. As part of the resolution of the criminal charges, View, Inc., has also entered into a separate, but related, civil Agreed Order with the Mississippi Commission on Environmental Quality by and through the Mississippi Department of Environmental Quality, which has assessed a civil penalty in the amount of One Million Five Hundred Thousand dollars ($1,500,000).
“When companies place profit and convenience above public safety, we will do all we can to punish that behavior and protect the public,” said U.S. Attorney Clay Joyner. “This illegal discharge of wastewater into the public treatment facility demonstrated a blatant disregard for the safety and wellbeing of citizens in our District and we applaud the stiff fines imposed by the court in this case.”
“Unpermitted discharges of industrial wastewater can pose a serious threat to our nation’s wastewater treatment systems,” said Charles Carfagno, Special Agent in Charge of EPA's Southeast Area Branch. “This prosecution and today’s sentencing demonstrates that EPA and its partner agencies are committed to protecting the environment and pursuing those who chose to ignore environmental laws.”
The Environmental Protection Agency, Criminal Investigation Division and the Mississippi Department of Environmental Quality investigated this case. The case was prosecuted by AUSA Robert Mims.
Bộ Tư Pháp Công Bố Chương Trình Tiếp Cận Ngôn Ngữ để Mở Rộng Sử Dụng Các Tài Nguyên và Chương Trình của BộRead the Press Release
Hôm nay, Bộ Tư Pháp công bố Chương Trình Tiếp Cận Ngôn Ngữ cập nhật khắp Bộ để bảo đảm tất cả mọi cá nhân, bất kể ngôn ngữ sử dụng, đều sử dụng và có thể tham gia hoàn toàn vào các chương trình, hoạt động và dịch vụ của Bộ. Chương Trình Tiếp Cận Ngôn Ngữ sẽ hướng dẫn cho các phòng ban tăng cường cách hoạch định tiếp cận ngôn ngữ, bao gồm hiểu rõ các nhu cầu của cộng đồng nói tiếng Anh hạn chế, cải tiến các dịch vụ thông ngôn và thông dịch, thúc đẩy bảo đảm phẩm chất cho các dịch vụ này và mở rộng các công cụ có sẵn để phục vụ công chúng.
“Rào cản ngôn ngữ không được cản trở việc sử dụng các dịch vụ chánh phủ,” Bộ Trưởng Tư Pháp Merrick B. Garland nói. “Chương Trình Tiếp Cận Ngôn Ngữ cập nhật này là một bước quan trọng để bảo đảm mọi người có thể báo cáo tội phạm, sử dụng các tài nguyên quan trọng, và được Bộ Tư Pháp giúp đỡ khi cần thiết.”
“Tiếp cận nhiều ngôn ngữ đẩy mạnh sứ mệnh nhiệm vụ duy trì pháp quyền, giữ an toàn cho quốc gia và bảo vệ dân quyền của Bộ Tư Pháp,” Thứ Trưởng Bộ Tư Pháp Lisa O. Monaco cho biết. “Tôi tự hào về việc Bộ đang thực hiện để hiện đại hóa, sắp xếp, và cải tiến tài nguyên ngôn ngữ và chánh sách để phục vụ tốt hơn cho tất cả những người Mỹ, bao gồm những người đối mặt với rào cản ngôn ngữ.”
“Mỗi người trong quốc gia này xứng đáng sử dụng các dịch vụ và chương trình của chánh phủ,” Phó Bộ Trưởng Tư Pháp Vanita Gupta nói. “Các chánh sách cập nhật này phản ánh cam kết của Bộ Tư Pháp là gỡ bỏ rào cản ngôn ngữ làm cho nhiều cộng đồng không hiểu rõ được quyền lợi, báo cáo tội phạm, hay có thể sử dụng đầy đủ và công bằng các tài nguyên của bộ.”
Chương Trình Tiếp Cận Ngôn Ngữ cập nhật được ban hành theo Bản Ghi Nhớ dành cho Người Đứng Đầu Cơ Quan Liên Bang, Người Đứng Đầu Văn Phòng Dân Quyền, và Tổng Cố Vấn về Củng Cố Cam Kết của Chánh Phủ Liên Bang về Tiếp Cận Ngôn Ngữ tháng Mười Một, 2022 của Bộ Trưởng Garland, hướng dẫn Phân Ban Dân Quyền của Bộ Tư Pháp hợp tác với các cơ quan liên bang để cải tiến nỗ lực bảo đảm truy cập ngôn ngữ, duyệt lại và cập nhật các chương trình và chánh sách tiếp cận ngôn ngữ cho phù hợp. Chương trình này cũng đánh dấu kỷ niệm lần thứ 23 của Sắc Lệnh 13166, Cải Tiến Sử Dụng Dịch Vụ cho Người Nói Anh Ngữ Hạn Chế (16 tháng Tám, 2000), đòi hỏi các cơ quan liên bang phải lập và thực hiện hệ thống giúp người nói Anh ngữ hạn chế sử dụng một cách có ý nghĩa các dịch vụ của cơ quan.
Văn Phòng Tiếp Cận Công Lý dẫn đầu việc lập Chương Trình cập nhật của Bộ, hợp tác với Nhóm Công Tác Tiếp Cận Ngôn Ngữ của Bộ và Phân Ban Dân Quyền. Công việc này là một phần của Văn Phòng Tiếp Cận Công Lý (Office of Access to Justice, hay ATJ) và lãnh đạo khác của Nhóm Công Tác về nỗ lực của Bộ nhằm mở rộng tài nguyên tiếp cận ngôn ngữ, cải tiến nhận thức về vấn đề tiếp cận ngôn ngữ, huấn luyện và trợ giúp kỹ thuật cho các phòng ban trong Bộ Tư Pháp và khắp chánh phủ liên bang.
“Tiếp cận công lý nghĩa là tiếp cận ngôn ngữ,” Giám Đốc ATJ Rachel Rossi nói. “Thông qua các chánh sách cập nhật trong Chương Trình Tiếp Cận Ngôn Ngữ này, chúng tôi cam kết mở rộng tiếp cận ngôn ngữ như là thành phần trung tâm của tất cả các chương trình và hoạt động của Bộ.”
Phân Ban Dân Quyền, theo theo bản ghi nhớ của Bộ Trưởng Garland và trách nhiệm bảo đảm tuân theo nhất quán và phối hợp toàn chính phủ đối với Sắc Lệnh 13166 và Tựa Đề VI của Luật Dân Quyền 1964, cũng hỗ trợ kỹ thuật chuyên sâu và tham gia với những người quan tâm bên ngoài để giúp cho Bộ và những cơ quan liên bang khác cập nhật và duyệt lại các chương trình tiếp cận ngôn ngữ. Phân ban đã tập hợp hơn 35 cơ quan liên bang trong các buổi họp có sự tham gia của chuyên gia và nhân viên liên bang để xác định việc sử dụng hữu hiệu các nhân viên song ngữ chuyên môn, cách lập nội dung đa ngôn ngữ bằng kỹ thuật số, và nhu cầu tiếp cận ngôn ngữ duy nhất của người nói ngôn ngữ bản xứ hay bị tàn tật. Hôm nay, phân ban cũng thêm một hướng dẫn mới để hỗ trợ nỗ lực thu thập dữ liệu và đăng nội dung nhiều ngôn ngữ vào cẩm nang giúp đỡ truy cập ngôn ngữ nơi trang mạng www.LEP.gov.
“Chương Trình Tiếp Cận Ngôn Ngữ duyệt lại này nhấn mạnh cam kết tiếp tục của Bộ về tiếp cận ngôn ngữ trong các chương trình và hoạt động riêng của chúng tôi,” Phụ Tá Bộ Trưởng Kristen Clarke thuộc Phân Ban Dân Quyền của Bộ Tư Pháp cho biết. “Chúng tôi rất mong được công bố tất cả các chương trình tiếp cận ngôn ngữ duyệt lại trên www.LEP.gov để bảo đảm tất cả những người quan tâm biết cách tiếp cận ngôn ngữ khi tham gia với chánh phủ liên bang.”
Chương trình cập nhật sẽ được dịch sang nhiều ngôn ngữ và có sẵn trên mạng lưới của Bộ, sử dụng công cụ lựa chọn ngôn ngữ được giới thiệu gần đây của Bộ.
Business Owner Pleads Guilty to Tax ChargeRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Julie Dotton, 51, of Orchard Park, NY, pleaded guilty to willful failure to truthfully account for and pay over employment taxes before U.S. District Judge John L. Sinatra, Jr. The charge carries a maximum penalty of five years in prison.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that Dotton was the President, CEO, and majority shareholder of Applied Sciences Group (ASG), a technology business that largely developed software. She was also the founding partner of the partnership KRP Holdings (KRP). By law, businesses must account for income tax, social security tax, and a hospital insurance (Medicare) tax in the wages of individual employees, equal to a percentage of the wages earned by the employee. These taxes are commonly referred to as “trust fund taxes” because employers hold these taxes in trust for the government. For all of 2018 and three quarters of 2019, Dotton failed to pay over the trust fund taxes to the IRS on behalf of the employees of ASG and KRP, resulting in a loss of approximately $1,100,837 to IRS. Dotton also admitted that she obtained a Paycheck Protection Program (PPP) loan from the federal government in the amount of $117,277, to which she was not entitled.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-In-Charge Thomas Fattorusso.
Sentencing is scheduled for December 20, 2023, at 9:00 a.m. before Judge Sinatra.
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Boston Man Sentenced to Nearly Six Years in Prison for Drug Trafficking ConspiracyRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for his role in a conspiracy to distribute fentanyl and cocaine.
London Lee, 30, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 71 months in prison and four years of supervised release. In April 2023, Lee pleaded guilty to conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl and cocaine. Lee was arrested and charged along with co-defendant Josiah Watkins in April 2021.
In February 2021, an investigation began into drug trafficking activities conducted by Lee and Watkins. The investigation revealed that Lee and Watkins were actively selling cocaine and fentanyl in the Boston area. Between February and April 2021, Watkins sold or arranged the sale of fentanyl and cocaine in at least 10 separate controlled purchases.
In April 2023, Watkins was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 51 months in prison and four years of supervised release.
Acting United States Attorney Joshua S. Levy; Christopher DiMenna, Acting Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Boston Police Commissioner Michael Cox made the announcement. Assistant U.S. Attorney John T. Dawley, Jr. of the Organized Crime & Gang Unit prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Boone County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Troy Wilson Wheatley, 42, of Boone County, was sentenced today to five years and eight months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on August 30, 2021, law enforcement officers responded to reports of a shooting at Wheatley’s residence near Chapmanville. Officers encountered Wheatley and seized a Ruger, model Security-9, 9mm pistol and a Smith & Wesson, .22-caliber pistol. One firearm was in a holster on Wheatley’s hip and the other was in his back pocket. Wheatley admitted to possessing the firearms and further admitted to the officers that he had discharged a firearm when his nephew drove past the residence that morning.
On December 2, 2021, Wheatley was a passenger in a vehicle pulled over by a law enforcement officer in the Big Creek area of Logan County. Wheatley was wearing an empty pistol holster on his belt, and told the officer there was a firearm under the seat. The officer found a Beretta model 950 .25-caliber pistol under Wheatley’s seat. The officer obtained a search warrant for Wheatley’s residence that day and seized a SCCY model CPX-2 9mm pistol between Wheatley’s mattress.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Wheatley was prohibited from possessing a firearm because of his prior felony conviction for delivery of a controlled substance in Nicholas County Circuit Court on February 3, 2006.
Wheatley’s long criminal history includes prior convictions for such other offenses as obstructing an officer, disrupting public service, petit larceny, possession of methamphetamine, possession of stolen property, threatening communications by electronic device, being a person prohibited from possessing firearms, and more than 10 separate counts of driving on a suspended/revoked license.
The Court granted an upward variance from Wheatley’s original sentencing range, citing several factors including his decades-long pattern of criminal conduct.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Boone County Sheriff’s Department, and the West Virginia State Police.
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Nowles Heinrich and Lesley Shamblin prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-225.
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Bloomington Woman Sentenced to 7.5 Years in Prison for $7.1 Million Fraud SchemeRead the Press Release
ST. PAUL, Minn. – A Bloomington woman was sentenced to 90 months in prison, three years of supervised release, and ordered to pay $4.7 million in restitution for defrauding federal pandemic programs, announced United States Attorney Andrew M. Luger.
According to court documents, from June 2020 through January 2022, Tequisha Solomon, 40, executed a scheme to fraudulently obtain pandemic assistance money from various states, including Minnesota’s Department of Employment and Economic Development (DEED) and California’s Employment Development Department (EDD).
As part of the fraud scheme, Solomon sought Unemployment benefits (UI) from states where she had no lawful basis to receive them. For example, while Solomon resided in Minnesota and Nevada, she falsely claimed to California’s EDD that she worked and resided in Los Angeles, California. As a result, California’s EDD paid Solomon at least $37,000 in periodic UI payments between approximately in 2020 and 2021, during which time she actually resided in Minnesota or Nevada.
Solomon also unlawfully sought to obtain UI benefits from multiple states simultaneously. For instance, in October 2020, Solomon fraudulently claimed UI benefits from the Illinois Department of Employment Security when she was actually residing in Minnesota and was already fraudulently receiving UI benefits from California’s EDD. In March 2021, Solomon fraudulently applied for UI from Minnesota’s DEED, and concealed her fraudulent receipt of UI benefits from California and Illinois.
In addition to fraudulently obtaining pandemic-related benefits for herself, Solomon also assisted others to obtain pandemic-related funds in exchange for a fee, often as much as $2,000. Solomon submitted over 200 false and fraudulent applications for UI benefits on behalf of others.
In total, Solomon fraudulently applied for $7,149,032 in pandemic-related funds and caused the United States and multiple state agencies to pay out at least $4,708,191 in the form of fraudulent UI benefits and small business loan proceeds.
On December 13, 2022, Solomon pleaded guilty to one count of wire fraud. She was sentenced today in U.S. District Court before Judge Eric C. Tostrud.
This case is the result of an investigation conducted by the FBI, the U.S. Department of Labor-Office of Inspector General, and the U.S. Postal Inspection Service, with assistance from the St. Paul Police Department and the California Employment Development Department.
Assistant U.S. Attorney Matthew S. Ebert prosecuted the case.
Arizona Men Arrested, Indicted for Trafficking Fentanyl to AlaskaRead the Press Release
ANCHORAGE, Alaska – Two Arizona men were arrested over the last three weeks on warrants from a federal indictment charging them with trafficking fentanyl to Alaska.
According to court proceedings, a federal grand jury returned an indictment on July 18 charging Odarious Shaw, 24, and Corrion James, 25, with allegedly distributing large amounts of fentanyl to Alaska from their home state of Arizona over a four-month period. James was arrested at the Ted Stevens Anchorage International Airport when he arrived carrying a package of 40,000 fentanyl pills, and Shaw was arrested in Arizona.
James and Shaw are charged with one count conspiracy to distribute and possess with intent to distribute controlled substances in violation of 21 U.S.C. §846 and 841(a)(1), (b)(1)(A), and one count possession of a controlled substance with intent to distribute in violation of 21 U.S.C. §841(a)(1), (b)(1)(A). If convicted, Shaw faces a mandatory minimum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney S. Lane Tucker of the District of Alaska; Statewide Drug Enforcement Unit Commander Captain Cornelius Sims of the Alaska State Troopers; and Special Agent in Charge Antony Jung of the FBI Anchorage Field Office made the announcement.
The Alaska State Troopers, Anchorage Police Department and the FBI are investigating the case as part of the FBI Safe Streets Task Force and the Alaska High-Intensity Drug Trafficking Area (HIDTA) initiative.
Assistant U.S. Attorney Christopher Schroeder is prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Ang Kagawaran ng Katarungan ay Naglabas ng Language Access Plan upang Palawakin ang Pag-access sa mga Mapagkukunan at Programa ng KagawaranRead the Press Release
Ang Kagawaran ng Katarungan ay naglabas ngayon ng isang na-update na Language Access Plan sa buong Kagawaran upang makatulong na matiyak na ang lahat ng mga indibidwal, maging anuman ang wikang ginamit, ay mayroong access at ganap na makalahok sa mga programa, aktibidad, at serbisyo ng Kagawaran. Ang Language Access Plan ay nagbibigay ng gabay sa mga tanggapan ng Kagawaran upang tulungan silang palakasin ang pagpaplano ng pag-access sa wika, na kinabibilangan ng pag-unawa sa mga pangangailangan ng mga komunidad na may limitadong kasanayan sa Ingles, pagpapabuti ng mga serbisyo ng pagsasalin at interpretasyon, pagtataguyod ng kalidad ng kasiguruhan ng mga serbisyong iyon, at pagpapalawak ng hanay ng mga magagamit na kagamitan upang maglingkod sa publiko.
“Ang mga hadlang sa wika ay hindi dapat humadlang sa pag-access sa mga serbisyo ng gobyerno,” sabi ni Attorney General Merrick B. Garland. “Itong na-update na Language Access Plan ay isang mahalagang hakbang tungo sa pagseguro na ang lahat ay makakapag-ulat ng mga krimen, maka-access ng mahahalagang mapagkukunan, at humingi ng tulong mula sa Kagawaran ng Katarungan kapag kailangan nila ito.”
“Ang malawak na pag-access sa wika ay nagpapataas sa misyon ng Kagawaran ng Katarungan na itaguyod ang panuntunan ng batas, panatilihing ligtas ang ating bansa, at protektahan ang mga karapatang sibil,” sabi ni Deputy Attorney General Lisa O. Monaco. “Aking pinagmamalaki ang gawain ng Kagawaran para gawing moderno, i-streamline, at pahusayin ang ating mga mapagkukunan at patakaran sa wika upang higit na mapagserbisyohan ang lahat ng mga Amerikano, kabilang ang mga indibidwal na nahaharap sa mga hadlang sa wika.”
“Ang bawat tao sa bansang ito ay nararapat maka-access ng makabuluhang mga serbisyo at programa ng gobyerno,” sabi ni Associate Attorney General Vanita Gupta. “Ang mga na-update na patakarang ito ay sumasalamin sa pangako ng Kagawaran ng Katarungang na alisin ang mga hadlang sa wika na pumipigil sa maraming mga komunidad na maunawaan ang kanilang mga karapatan, mag-ulat ng mga krimen, o kung hindi man ay magkaroon ng buo at pantay na pag-access sa mga mapagkukunan ng Kagawaran.”
Ang na-update na Language Access Plan ay iginawad alinsunod sa memorandum ni Attorney General Garland noong Nobyembre 2022 na Memorandum para sa mga Pinuno ng Ahensyang Pederal, Mga Pinuno ng mga Tanggapan ng Karapatang Sibil, at Pangkalahatang Payo Tungkol sa Pagpapalakas sa Pangako ng Pamahalaang Pederal sa Pag-access sa Wika na nag-utos sa Dibisyon ng Mga Karapatang Sibil ng Kagawaran ng Katarungan na makipagtulungan sa mga ahensyang pederal upang mapabuti ang mga pagsisikap na tiyakin ang makabuluhang pag-access sa wika at rebisahin at i-update ang kanilang mga plano at patakaran sa pag-access sa wika nang naaayon. Minarkahan din nito ang ika-23 anibersaryo ng Kautusang Tagapagpaganap 13166, Pagpapabuti ng Pag-access sa Mga Serbisyo para sa mga Taong may Limitadong Kahusayan sa Ingles (Ago. 16, 2000), na nag-uutos sa mga ahensyang pederal na bumuo at magpatupad ng mga sistema na nagbibigay-daan sa mga taong may limitadong kasanayan sa Ingles na makabuluhang ma-access ang kanilang mga serbisyo.
Pinangunahan ng Tanggapan para sa Pag-access sa Katarungan ang pagbuo ng na-update na Plano ng Kagawaran, nakikipag-ugnayan kasama ang Grupong Kumikilos sa Pag-access sa Wika ng Kagawaran at ang Dibisyon ng mga Karapatang Sibil. Ang gawaing ito ay bahagi ng Tanggapan ng Pag-access sa Katarungan (Office of Access to Justice ATJ) at ang mas malawak na pamumuno ng Grupong Kumikilos ng Kagawaran sa mga pagsisikap na palawakin ang mga mapagkukunan ng pag-access sa wika, pagbutihin ang kamalayan sa mga isyu sa pag-access sa wika, at magbigay ng pagsasanay at tulong teknikal sa ibang mga tanggapan sa loob ng DOJ at sa buong pamahalaang pederal.
“Ang pag-access sa katarungan ay nangangahulugan ng pag-access sa wika,” sabi ni ATJ Director Rachel Rossi. “Sa pamamagitan ng na-update na mga patakaran sa Language Access Plan na ito, muli kaming nangangako sa pinalawak na pag-access sa wika bilang isang pangunahing bahagi ng lahat ng mga programa at aktibidad ng Kagawaran.”
Ang Dibisyon ng Mga Karapatang Sibil, alinsunod sa memorandum ng Attorney General Garland at ang responsibilidad nitong tiyakin ang pare-pareho at koordinadong pagsunod ng buong pamahalaan sa Kautusang Tagapagpaganap 13166 at ang Titulo VI ng Mga Batas sa Karapatang Sibil ng 1964, nagbigay din ng malalim na tulong teknikal at nakipag-ugnayan sa mga panlabas na stakeholder upang tulungan ang Kagawaran at iba pang ahensyang pederal na i-update at baguhin ang kanilang mga plano sa pag-access sa wika. Pinagsama-sama ng dibisyon ang mahigit 35 na mga ahensyang pederal para sa mga sesyon na hinihikayat ang mga eksperto at kawaning pederal upang matukoy ang epektibong paggamit ng mga kwalipikadong bilingguwal na empleyado, kung paano bumuo ng multilingguwal na digital na nilalaman, at ang natatanging pangangailangan sa pag-access sa wika ng mga taong nagsasalita ng mga katutubong wika o may kapansanan. Ngayon, ang dibisyon ay nagdaragdag din ng isang bagong gabay upang suportahan ang mga pagsisikap ng ahensya na mangolekta ng data ng wika at mag-post ng multilingguwal na nilalaman sa katalogo nito ng mga mapagkukunan ng pag-access sa wika sa www.LEP.gov.
“Itong nirebisang Plano sa Pag-access sa Wika ay binibigyang-diin ang patuloy na pangako ng Kagawaran sa pag-access ng wika sa sarili naming mga programa at aktibidad,” sabi ni Assistant Attorney General Kristen Clarke ng Dibisyon ng Mga Karapatang Sibil ng Kagawaran ng Katarungan. “Inaasahan naming mailathala ang lahat ng binagong plano sa pag-access sa wika ng ahensya sa www.LEP.gov upang makatulong na matiyak na alam ng lahat ng mga stakeholder kung paano makakuha ng makabuluhang pag-access sa wika kapag nakikipag-ugnayan sa pamahalaang pederal.”
Ang na-update na Plano ay isasalin sa ilang mga wika at magagamit sa website ng Kagawaran gamit ang kamakailang inilunsad na kagamitan sa nagpili ng wika ng Kagawaran.
Albuquerque Man Sentenced to 10 Years for Drug Trafficking OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Eric Castañeda, Acting Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division, announced today that Rafael Columbie was sentenced to 10 years in prison. A federal jury convicted Columbie, 54, of Albuquerque, on December 1, 2022, on one count each of conspiracy, possession with intent to distribute 50 grams and more of methamphetamine, and possession with intent to distribute 100 grams and more of heroin.
The case against Columbie and his co-conspirators was part of a long-term Organized Crime Drug Enforcement Task Forces investigation by the Drug Enforcement Administration into a conspiracy to distribute methamphetamine. Through the investigation, Columbie was identified as a drug transporter for Jesus Lopez.
On July 18, 2018, Columbie was traveling east on Interstate 40 when a New Mexico State Police Officer stopped Columbie for speeding. During a consensual search of the vehicle, officers found over 2.5 kilograms of methamphetamine and over 200 grams of heroin in bundles within a Coca-Cola soda box behind the driver seat.
Columbie was the only defendant who refused to enter a guilty plea. Eight other defendants pled guilty to various drug trafficking charges in 2022.
Abel Gallegos, aka “Gato,” 41, of Albuquerque, pled guilty to distribution of 500 grams and more of cocaine, aiding and abetting, and distribution of 50 grams and more of methamphetamine on August 29, 2022, and was sentenced to 11 years in prison, followed by 5 years of supervised release.
Saul Gallegos, aka “Tulin,” 37, of Albuquerque, pled guilty to distribution of 50 grams and more of methamphetamine and aiding and abetting on April 20, 2022 and was sentenced to 10 years in prison, followed by 5 years of supervised release.
Martha Reyes-Villalobos, 40, of Chihuahua, Mexico, pled guilty to possession with intent to distribute 50 grams and more of methamphetamine on May 3, 2022, and was sentenced to time served.
Ivan Cordova, 41, or Albuquerque, pled guilty to use of a telephone to facilitate a drug trafficking offense on August 1, 2022, and was sentenced to time served.
Baudel Palacios-Prieto, 46, and Zachary Fogler, 37, both of Albuquerque, pled guilty to one count of use of a telephone to facilitate a drug trafficking offense each on August 8, 2022. Palacios-Prieto was sentenced to time served and Fogler was given three years of probation.
Jesus M. Lopez, 41, of Albuquerque, pled guilty to distribution of 50 grams and more of methamphetamine, use of a telephone to facilitate a drug trafficking offense, and two counts of aiding and abetting on May 5, 2022. Lopez’s sentencing is currently scheduled for August 29, 2023. Adrian Palacios, 37, of Albuquerque, pled guilty to conspiracy on August 11, 2022. Palacios’ sentencing is currently scheduled for September 19, 2023.
The Drug Enforcement Administration investigated this case with assistance from the New Mexico State Police. Assistant United States Attorneys Peter J. Eicker and David B. Hirsch are prosecuting the case.
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Air Medical Transport Company Agrees to Pay $1 Million to Resolve Allegations of False Claims Act ViolationsRead the Press Release
LEXINGTON, Ky. – Air Methods Corporation, a national provider of air medical transport services, agreed to pay the federal government $1,050,873, to resolve civil allegations that it had failed to return known overpayments received from Medicare, Kentucky Medicaid, Tricare, and the Department of Veterans Affairs.
The United States alleged that Air Methods violated the False Claims Act, by improperly retaining overpayments for more than 100 flights that it knew to be medically unnecessary and, therefore, ineligible for reimbursement by federal healthcare programs. Federal healthcare programs, including Medicare and Kentucky Medicaid, only provide reimbursement for air ambulance transportation if the beneficiary’s medical condition requires air transport, and transport by ground ambulance is not appropriate. The United States alleged that Air Methods’ internal review process identified flights that did not meet these coverage requirements, including instances where patients were flown despite not meeting trauma criteria. The False Claims Act, a federal law that prohibits causing the submission of false or fraudulent claims to the federal government, also forbids knowingly concealing, avoiding, or decreasing an obligation to pay the government. As such, healthcare providers also face False Claims Act liability when they fail to return known overpayments to federal healthcare programs.
“Healthcare providers have a legal obligation to return known overpayments received from the federal government,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky. “It is critically important to all of us that such misapplied funds are returned to their purpose – providing necessary medical care – and that we take the steps necessary to protect the limited resources available to these vital programs.”
"Federal health care programs are an important resource for millions of Americans to receive medical care," said Tamala E. Miles, Special Agent in Charge at the Department of Health and Human Services, Office of Inspector General (HHS-OIG). "HHS-OIG will continue to promote the proper use of federal health care funds and their protection from fraud, waste, and abuse."
The settlement resolves a lawsuit brought by a private citizen under the qui tam provisions of the False Claims Act. Under those provisions, a private party can file a civil action on behalf of the United States, thereby bringing allegations of fraud to the Government’s attention, and share in any financial recovery. As part of this resolution, the individual who filed the qui tam complaint will receive approximately $190,000 from the settlement.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General, the Department of Defense, Defense Criminal Investigative Services, and the Affirmative Civil Enforcement section of the U.S. Attorney’s Office. Assistant United States Attorneys Benjamin Long and Mary Melton represented the United States.
This case is captioned United States ex rel. Scott Crum v. Air Methods Corporation, Case No. 3:18-CV-00043-GFVT. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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Monday 14 August 2023
Watervliet Woman Sentenced for Making False StatementsRead the Press Release
ALBANY, NEW YORK – Eunice Ting, age 69, of Watervliet, New York, was sentenced on Friday to 1 year of probation, to pay a $10,000 fine, and to pay full restitution for making a false statement to obtain benefits from the United States Department of Labor, Office of Workers’ Compensation Programs.
United States Attorney Carla B. Freedman and Special Agent in Charge Matthew Modafferi, United States Postal Service Office of Inspector General (USPS-OIG), Northeast Area Field Office, made the announcement.
In pleading guilty, Ting admitted that between December 2013, and March 2020, she submitted hundreds of materially false and fraudulent forms to the U.S. Department of Labor’s Office of Workers’ Compensation Programs seeking reimbursement for travel she did not do. Specifically, she falsely claimed workers’ compensation benefits for medically related travel to and from a local YMCA for purported “aquatic therapy” when she had not received any such therapy and did not travel to the YMCA as claimed. She received a total of $26,983 from the Department of Labor because of her fraudulent submissions.
Senior United States District Judge Frederick J. Scullin, Jr. ordered Ting to pay $26,983 in restitution, which Ting paid at sentencing.
USPS-OIG investigated this case and Assistant U.S. Attorney Alexander Wentworth-Ping prosecuted it.
Violent Felon Sentenced to over 6 Years in Federal Prison for Possessing a FirearmRead the Press Release
INDIANAPOLIS- Thomas Burkett, 45, of Indianapolis, Indiana, has been sentenced to 77 months in federal prison after pleading guilty to possessing a firearm as a previously convicted felon.
According to court documents, on August 4, 2021, Indianapolis Metropolitan Police Department (IMPD) investigators were patrolling near the Marathon gas station on North Shadeland Avenue when they saw Thomas Burkett exit the driver’s seat of a white Pontiac with a pistol protruding from his pant pocket.
Officers ran the Pontiac’s license plate and determined that Burkett was the registered owner of the vehicle and had a suspended driver’s license. Investigators reviewed Burkett’s criminal history and learned that he had been previously convicted of numerous felonies, including strangulation, kidnapping, escape, theft, possession of marijuana, and conspiracy to commit armed robbery. As a result of his criminal convictions Burkett is prohibited from ever legally possessing a firearm.
Officers detained Burkett before he left the gas station and recovered a black 9mm handgun from under the driver’s seat of Burkett’s car.
United States Attorney for the Southern District of Indiana, Zachary A. Myers, Daryl S. McCormick, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Columbus Field Division, and Chief Randal Taylor of IMPD, made the announcement.
“Multiple convictions for violent crimes were not enough to convince this offender to stop carrying a deadly weapon,” said U.S. Attorney for the Southern District of Indiana, Zachary A. Myers. “The serious federal prison sentence imposed here should send a message to citizens returning to the community from custody: if you choose to possess a gun you will go right back to prison. Our office will continue to partner with the ATF and IMPD to ensure that the most dangerous armed offenders are taken off our streets.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives and IMPD investigated this case. The sentence was imposed by U.S. District Court Chief Judge Tanya Walton Pratt. Judge Pratt also ordered that Burkett be supervised by the U.S. Probation Office for 3 years following his release from federal prison.
U.S. Attorney Myers thanked Assistant United States Attorney Kelsey L. Massa, who prosecuted this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Vermont Man Pleads Guilty to Attempted Online Enticement of a MinorRead the Press Release
ALBANY, NEW YORK – Gabriel Charron, age 51, of Milton, Vermont, pled guilty today to the attempted online enticement of a minor.
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.
Charron admitted that between May 2022 and March 4, 2023, he exchanged sexually explicit messages online with people he believed were a mother and an 11-year old girl, respectively, in an attempt to entice the child into engaging in sexual acts with him. Charron also admitted that on March 4, 2023, he travelled from Vermont to a hotel in Albany County, New York, with the intent to engage in sexual acts with the 11-year-old girl. Charron was arrested by law enforcement shortly after arriving at the location.
At sentencing on December 18, 2023, before Senior United States District Judge Gary L. Sharpe, Charron faces at least 10 years and up to a life in prison. The judge will also be required to impose a term of post-release supervision of at least 5 years and up to life. The court may also impose a fine, restitution, and forfeiture of the smartphone Charron used to commit his offense. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Charron will also have to register as a sex offender upon his release from prison.
The FBI’s Mid-State Child Exploitation Task Force and Capital Region Child Exploitation and Human Trafficking Task Force investigated the case. Each task force is comprised of FBI Special Agents, as well as state and local police investigators, including from the New York State Police.
Assistant U.S. Attorney Rick Belliss is prosecuting 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.
Union County Man Arrested for Corporate Tax EvasionRead the Press Release
NEWARK, N.J. – A Union County contractor was arrested today for tax evasion, U.S. Attorney Philip R. Sellinger announced.
Joel Konopka, 45, of Elizabeth, New Jersey, is charged by indictment with four counts of corporate tax evasion, two counts of filing false corporate tax returns, and two counts of failing to file corporate tax returns. He appeared this afternoon before U.S. Magistrate Judge Jessica Stein Allen in Newark federal court and was detained.
According to documents filed in this case and statements made in court:
From 2014 through 2017, Konopka was the owner and sole shareholder of Konopka Construction Inc., a business which provided construction, contracting and snow plowing services in northern New Jersey. Under the tax laws of the United States, Konopka was responsible for filing truthful and accurate corporate tax returns, Form 1120s, on behalf of Konopka Construction reporting all of the company’s income. From 2014 through 2017, Konopka Construction realized business income of at least $3.3 million, including more than $1 million in 2016. Konopka did not truthfully and accurately report that income. For tax years 2014 and 2015, Konopka filed corporate returns which reported no income for Konopka Construction for both years. For tax years 2016 and 2017, Konopka failed to file any corporate returns as required. From 2014 through 2017, Konopka caused no payments to be made to the IRS for any corporate tax.
Konopka disguised the income realized by Konopka Construction by operating almost exclusively in cash. Konopka received hundreds of checks annually made payable to Konopka Construction for services rendered totaling hundreds of thousands of dollars and cashed all but one check at check cashing businesses in Essex and Ocean counties.
The tax evasion charges are punishable by a maximum potential penalty of five years in prison and a maximum $500,000 fine per count. The filing of false tax returns charges are punishable by a maximum penalty of three years in prison and a $500,000 maximum fine per count. The failure to file tax return charges are punishable by a maximum of one year in prison and a $100,000 fine per count.
U.S. Attorney Sellinger credited special agents with IRS - Criminal Investigation, under the direction of Special Agent in Charge Tammy Tomlins, and special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy, with the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorneys Mark J. McCarren and Francesca Liquori of the Special Prosecutions 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.
konopka.indictment.pdfUBS agrees to pay $1.435 billion for fraud in the sale of residential mortgage-backed securitiesRead the Press Release
ATLANTA – UBS AG and several of its U.S.-based affiliates (together, “UBS”) have agreed to pay $1.435 billion in penalties to settle a civil action filed in November 2018 alleging misconduct related to UBS’ underwriting and issuance of residential mortgage-backed securities (RMBS) issued in 2006 and 2007. UBS will pay the United States $1,435,000,000 in civil penalties in exchange for dismissal of the complaint filed in the action. This settlement resolves the last case brought by a Department of Justice Working Group dedicated to investigating conduct of banks and other entities for their roles in creating and issuing RMBS leading up to the 2008 financial crisis.
“This settlement represents accountability for those entities and individuals who mistakenly believed themselves to be above the law,” said U.S. Attorney Ryan K. Buchanan. “UBS’ conduct in this case played a significant role in causing a financial crisis that harmed millions of Americans. The scope of this settlement should serve as a warning to other financial institutions – both large and small – of the significant penalties that can result when corporations misrepresent vital information to investors and undermine trust in our public markets. We are thankful for the collective efforts of our partners at the U.S. Attorney’s Office for the Eastern District of New York and the investigative agencies to bring this case to resolution.”
“In the wake of the 2008 financial crisis, people all across the country experienced financial ruin and emotional devastation, and many are still recovering nearly 15 years later,” said Associate Attorney General Vanita Gupta. “As this settlement demonstrates, the department and our partner agencies remain committed to holding accountable those who break the law and undermine the well-being of American families.”
“The results achieved by the RMBS Working Group are a testament to the exceptional dedication and hard work by department attorneys over many years,” said Principal Deputy Assistant Attorney General Brian Boynton. “We are grateful for the outstanding support provided by our partners in federal agencies and states that similarly sought to hold responsible those entities that contributed to the 2008 financial crisis.”
“With this resolution, UBS will pay for its conduct related to its underwriting and issuance of residential mortgage-backed securities. The substantial civil penalty in this case serves as a warning to other players in the financial markets who seek to unlawfully profit through fraud that we will hold them accountable no matter how long it takes,” stated U.S. Attorney Breon Peace. “The over $36 billion collected for conduct that fueled the 2008 financial crisis reflects the Department of Justice’s deep commitment to protecting financial markets, investors and the public against fraudulent conduct.”
“The FHFA Office of Inspector General, together with our RMBS Working Group partners, investigated and held accountable those who sought to victimize Fannie Mae, Freddie Mac and investors by selling fraudulent mortgage-backed securities,” said FHFA Inspector General Brian Tomney. “We appreciate our longstanding partnership with the Department of Justice and its vigorous pursuit of justice in this case.”
Following an extensive investigation, the United States filed a complaint alleging that UBS defrauded investors in connection with the sale of 40 RMBS issued in 2006 and 2007. The complaint alleged that UBS knowingly made false and misleading statements to buyers of these securities relating to the characteristics of the mortgage loans underlying the RMBS in violation of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 12 U.S.C. § 1833a (FIRREA). The FIRREA claims were based on alleged violations of the mail, wire, and bank fraud statutes, as well as 18 U.S.C. §§ 1005 and 1014.
The government’s complaint alleged that contrary to UBS’ representations in publicly filed offering documents, UBS knew that significant numbers of the loans backing the RMBS did not comply with loan underwriting guidelines that were designed to assess borrowers’ ability to repay. The complaint further asserted that UBS knew that the property values associated with a significant number of the securitized loans were unsupported, and that significant numbers of the loans had not been originated in accordance with consumer protection laws. UBS was allegedly aware of these significant problems because it had conducted extensive due diligence on the underlying loans prior to the RMBS being issued to determine whether the loans were consistent with representations that would be made to investors. Ultimately, the 40 RMBS sustained substantial losses.
With the UBS settlement announced today, the Department of Justice has collected more than $36 billion in civil penalties from 18 major domestic and foreign banks, originators, and rating agencies for their alleged conduct in connection with mortgages securitized in failed RMBS leading up to the 2008 financial crisis. These resolutions include settlements with eighteen banks, mortgage originators, and rating agencies: Ally Financial; Aurora Loan Services; Bank of America; Barclays; Citigroup; Credit Suisse; Deutsche Bank; General Electric; Goldman Sachs; HSBC; JPMorgan; Moody’s; Morgan Stanley; Nomura; Royal Bank of Scotland; S&P; Société Générale; and Wells Fargo.
Collectively, these matters were handled by 11 U.S. Attorney’s Offices and the Civil Division of the Department of Justice, in conjunction with the RMBS Working Group. The RMBS Working Group was a federal and state law enforcement effort focused on investigating fraud and abuse in the RMBS market that led to the financial crisis. Formed in 2012, the RMBS Working Group brought together more than 200 attorneys, investigators, analysts and staff from dozens of state and federal agencies, including the FHFA Office of Inspector General, the Department of Housing and Urban Development, the Office of the Special Inspector General for the Troubled Asset Relief Program, the Securities and Exchange Commission, and the FBI, to investigate financial fraud in RMBS.
The claims resolved in the settlement are allegations only and there has been no determination of liability.
The government’s case was handled by Assistant U.S. Attorneys Austin M. Hall, Andres H. Sandoval, and former Assistant U.S. Attorney Armen Adzhemyan for the Northern District of Georgia, and Assistant U.S. Attorneys Bonni J. Perlin, Michael J. Castiglione, Richard K. Hayes, Edward K. Newman, and Melanie Speight for the Eastern District of New York, with the support of agents from the Federal Housing Finance Agency-Office of the Inspector General.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
UBS Agrees to Pay $1.435 Billion to Resolve Claims That It Made Misrepresentations in the Sale of Residential Mortgage-Backed SecuritiesRead the Press Release
BROOKLYN, NY – UBS AG and several of its U.S.-based affiliates (together, “UBS”) have agreed to pay $1.435 billion in penalties to settle a civil action filed in November 2018 alleging misconduct related to UBS’ underwriting and issuance of residential mortgage-backed securities (RMBS) issued in 2006 and 2007. UBS will pay the United States $1,435,000,000 in civil penalties in exchange for dismissal of the complaint filed in the action. This settlement resolves the last case brought by a Department of Justice Working Group dedicated to investigating conduct of banks and other entities for their roles in creating and issuing RMBS leading up to the 2008 financial crisis.
Following an extensive investigation, the United States filed a complaint alleging that UBS defrauded investors in connection with the sale of 40 RMBS issued in 2006 and 2007. The complaint alleged that UBS knowingly made false and misleading statements to buyers of these securities relating to the characteristics of the mortgage loans underlying the RMBS in violation of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 12 U.S.C. § 1833a (FIRREA). The FIRREA claims were based on alleged violations of the mail, wire, and bank fraud statutes, as well as 18 U.S.C. §§ 1005 and 1014.
Breon Peace, United States Attorney for the Eastern District of New York; Vanita Gupta, United States Associate Attorney General; Brian M. Boynton, Principal Deputy Assistant Attorney General of the Justice Department’s Civil Division; Ryan K. Buchanan, United States Attorney for the Northern District of Georgia, and Brian M. Tomney, Inspector General for the Federal Housing Finance Agency (FHFA) announced the settlement.
“With this resolution, UBS will pay for its conduct related to its underwriting and issuance of residential mortgage-backed securities. The substantial civil penalty in this case serves as a warning to other players in the financial markets who seek to unlawfully profit through fraud that we will hold them accountable no matter how long it takes,” stated United States Attorney Peace. “The over $36 billion collected for conduct that fueled the 2008 financial crisis reflects the Department of Justice’s deep commitment to protecting financial markets, investors and the public against fraudulent conduct.”
Mr. Peace expressed his appreciation to the Office’s partners at the United States Attorney’s Office for the Northern District of Georgia (NDGA), and to the Federal Housing Finance Agency-Office of the Inspector General for its assistance in the government’s case.
“In the wake of the 2008 financial crisis, people all across the country experienced financial ruin and emotional devastation, and many are still recovering nearly 15 years later,” stated Associate Attorney General Gupta. “As this settlement demonstrates, the department and our partner agencies remain committed to holding accountable those who break the law and undermine the well-being of American families.”
“The results achieved by the RMBS Working Group are a testament to the exceptional dedication and hard work by department attorneys over many years,” stated Principal Deputy Assistant Attorney General Boynton. “We are grateful for the outstanding support provided by our partners in federal agencies and states that similarly sought to hold responsible those entities that contributed to the 2008 financial crisis.”
“This settlement represents accountability for those entities and individuals who mistakenly believed themselves to be above the law,” stated U.S. Attorney NDGA Buchanan. “UBS’ conduct in this case played a significant role in causing a financial crisis that harmed millions of Americans. The scope of this settlement should serve as a warning to other financial institutions – both large and small – of the significant penalties that can result when corporations misrepresent vital information to investors and undermine trust in our public markets. We are thankful for the collective efforts of our partners at the U.S. Attorney’s Office for the Eastern District of New York and the investigative agencies to bring this case to resolution.”
“The FHFA Office of Inspector General, together with our RMBS Working Group partners, investigated and held accountable those who sought to victimize Fannie Mae, Freddie Mac and investors by selling fraudulent mortgage-backed securities,” stated FHFA Inspector General Tomney. “We appreciate our longstanding partnership with the Department of Justice and its vigorous pursuit of justice in this case.”
The government’s complaint alleged that contrary to UBS’ representations in publicly filed offering documents, UBS knew that significant numbers of the loans backing the RMBS did not comply with loan underwriting guidelines that were designed to assess borrowers’ ability to repay. The complaint further asserted that UBS knew that the property values associated with a significant number of the securitized loans were unsupported, and that significant numbers of the loans had not been originated in accordance with consumer protection laws. UBS was allegedly aware of these significant problems because it had conducted extensive due diligence on the underlying loans prior to the RMBS being issued to determine whether the loans were consistent with representations that would be made to investors. Ultimately, the 40 RMBS sustained substantial losses.
With the UBS settlement announced today, the Department of Justice has collected more than $36 billion in civil penalties from 18 major domestic and foreign banks, originators, and rating agencies for their alleged conduct in connection with mortgages securitized in failed RMBS leading up to the 2008 financial crisis. These resolutions include settlements with eighteen banks, mortgage originators, and rating agencies: Ally Financial; Aurora Loan Services; Bank of America; Barclays; Citigroup; Credit Suisse; Deutsche Bank; General Electric; Goldman Sachs; HSBC; JPMorgan; Moody’s; Morgan Stanley; Nomura; Royal Bank of Scotland; S&P; Société Générale; and Wells Fargo.
Collectively, these matters were handled by 11 U.S. Attorney’s Offices and the Civil Division of the Department of Justice, in conjunction with the RMBS Working Group. The RMBS Working Group was a federal and state law enforcement effort focused on investigating fraud and abuse in the RMBS market that led to the financial crisis. Formed in 2012, the RMBS Working Group brought together more than 200 attorneys, investigators, analysts and staff from dozens of state and federal agencies, including the FHFA Office of Inspector General, the Department of Housing and Urban Development, the Office of the Special Inspector General for the Troubled Asset Relief Program, the Securities and Exchange Commission and the FBI, to investigate financial fraud in RMBS.
The UBS case is the last RMBS Working Group case resolved by the U.S. Attorney’s Office of the Eastern District of New York. In six cases the Office and its partners recovered over $11 billion in penalties. The Office thanks its many partners, current and former Assistant U.S. Attorneys, and professional staff for their work on this important Departmental initiative.
The claims resolved in the settlement are allegations only and there has been no determination of liability.
The matter involving UBS was handled by the United States Attorneys’ Offices for the Eastern District of New York and the Northern District of Georgia, with the support of agents from FHFA-OIG. Assistant United States Attorneys Bonni J. Perlin, Michael J. Castiglione, Richard K. Hayes, Edward K. Newman and Melanie Speight from the Eastern District of New York, and Austin M. Hall, Andres H. Sandoval, and former Assistant United States Attorney Armen Adzhemyan from the Northern District of Georgia were in charge of the litigation.
E.D.N.Y. Docket No. 18-CV-6369 (RPK) (PK)
UBS Agrees to Pay $1.435 Billion for Fraud in the Sale of Residential Mortgage-Backed SecuritiesRead the Press Release
UBS AG and several of its U.S.-based affiliates (together, UBS) have agreed to pay $1.435 billion in penalties to settle a civil action filed in November 2018 alleging misconduct related to UBS’ underwriting and issuance of residential mortgage-backed securities (RMBS) issued in 2006 and 2007. This settlement resolves the last case brought by a Justice Department working group dedicated to investigating conduct of banks and other entities for their roles in creating and issuing RMBS leading up to the 2008 financial crisis.
Following an extensive investigation, the United States filed a complaint alleging that UBS defrauded investors in connection with the sale of 40 RMBS issued in 2006 and 2007. The complaint alleged that UBS knowingly made false and misleading statements to buyers of these securities relating to the characteristics of the mortgage loans underlying the RMBS in violation of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). The FIRREA claims were based on alleged violations of the mail, wire, and bank fraud statutes.
“In the wake of the 2008 financial crisis, people all across the country experienced financial ruin and emotional devastation, and many are still recovering nearly 15 years later,” said Associate Attorney General Vanita Gupta. “As this settlement demonstrates, the department and our partner agencies remain committed to holding accountable those who break the law and undermine the well-being of American families.”
“The results achieved by the RMBS Working Group are a testament to the exceptional dedication and hard work by department attorneys over many years,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We are grateful for the outstanding support provided by our partners in federal agencies and states that similarly sought to hold responsible those entities that contributed to the 2008 financial crisis.”
“With this resolution, UBS will pay for its conduct related to its underwriting and issuance of residential mortgage-backed securities. The substantial civil penalty in this case serves as a warning to other players in the financial markets who seek to unlawfully profit through fraud that we will hold them accountable no matter how long it takes,” stated U.S. Attorney Breon Peace for the Eastern District of New York. “The over $36 billion collected for conduct that fueled the 2008 financial crisis reflects the Department of Justice’s deep commitment to protecting financial markets, investors and the public against fraudulent conduct.”
“This settlement represents accountability from those who thought they were above the law,” said U.S. Attorney Ryan Buchanan for the Northern District of Georgia. “UBS’ conduct at issue in this case played a significant role in causing a financial crisis that harmed millions of Americans. We will continue to seek accountability when financial institutions – large or small – misrepresent vital information to investors and undermine trust in our public markets.”
The government’s complaint alleged that contrary to UBS’ representations in publicly filed offering documents, UBS knew that significant numbers of the loans backing the RMBS did not comply with loan underwriting guidelines that were designed to assess borrowers’ ability to repay. The complaint further asserted that UBS knew that the property values associated with a significant number of the securitized loans were unsupported, and that significant numbers of the loans had not been originated in accordance with consumer protection laws. UBS was allegedly aware of these significant problems because it had conducted extensive due diligence on the underlying loans prior to the RMBS being issued to determine whether the loans were consistent with representations that would be made to investors. Ultimately, the 40 RMBS sustained substantial losses.
“The Federal Housing Finance Agency Office of Inspector General (FHFA-OIG), together with our RMBS Working Group partners, investigated and held accountable those who sought to victimize Fannie Mae, Freddie Mac and investors by selling fraudulent mortgage-backed securities,” said FHFA Inspector General Brian Tomney. “We appreciate our longstanding partnership with the Department of Justice and its vigorous pursuit of justice in this case.”
With the UBS settlement announced today, the Justice Department has collected more than $36 billion in civil penalties from entities for their alleged conduct in connection with mortgages securitized in failed RMBS leading up to the 2008 financial crisis. These resolutions include settlements with the following banks, mortgage originators, and rating agencies: Ally Financial; Aurora Loan Services; Bank of America; Barclays; Citigroup; Credit Suisse; Deutsche Bank; General Electric; Goldman Sachs; HSBC; JPMorgan; Moody’s; Morgan Stanley; Nomura; Royal Bank of Scotland; S&P; Société Générale; and Wells Fargo.
Collectively, these matters were handled by 11 U.S. Attorneys’ Offices and the Justice Department’s Civil Division, in conjunction with the RMBS Working Group. The RMBS Working Group was a federal and state law enforcement effort focused on investigating fraud and abuse in the RMBS market that led to the financial crisis. Formed in 2012, the RMBS Working Group brought together more than 200 attorneys, investigators, analysts, and staff from dozens of state and federal agencies, including the FHFA-OIG, the Department of Housing and Urban Development, the Office of the Special Inspector General for the Troubled Asset Relief Program, the Securities and Exchange Commission, and the FBI, to investigate financial fraud in RMBS.
Assistant U.S. Attorneys Bonni J. Perlin, Michael J. Castiglione, Richard K. Hayes, Edward K. Newman and Melanie Speight for the Eastern District of New York, Austin M. Hall and Andres H. Sandoval, and former Assistant U.S. Attorney Armen Adzhemyan for the Northern District of Georgia handled the case.
The claims resolved in the settlement are allegations only and there has been no determination of liability.
SettlementThree Year Manhunt for an Alleged Fake Doctor Selling an Unproven Coronavirus Cure Ends with Utah Fugitive Behind BarsRead the Press Release
Salt Lake City, Utah – A Utah resident and three-year fugitive was arrested in Utah County on federal charges after fleeing from federal law enforcement in 2020.
According to court documents, Gordon Hunter Pedersen, 63, of Cedar Hills, Utah, was spotted during surveillance by federal agents on July 5, 2023. Pedersen had a warrant issued for his arrest on August 25, 2020, after failing to appear on an indictment in federal court. The indictment charges Pedersen with mail fraud, wire fraud and felony introduction of misbranded drugs into interstate commerce with intent to defraud and mislead.
Court documents also provide that at the beginning of the COVID-19 pandemic, before approved vaccines were available, Pedersen sold via the internet a “structural alkaline silver” product which he claimed “resonates, or vibrates, at a frequency that destroys the membrane of the virus, making the virus incapable of attaching to any healthy cell, or to infect you in anyway.” In Pedersen’s alleged attempt to further defraud, he falsely claimed on YouTube videos to be a board certified “Anti-Aging Medical Doctor.” He is further alleged to have falsely claimed to have a PhD in immunology and a PhD in Naturopathic Medicine.
A pending civil case is being handled by the Department of Justice, Civil Division’s Consumer Protection Branch with assistance from the U.S. Attorney’s Office for the District of Utah. A previous press release on the civil and criminal actions can be found here: https://www.justice.gov/opa/pr/utah-man-posing-medical-doctor-sell-baseless-coronavirus-cure-indicted-fraud-charges.
The image was entered into the public record on PACER in a detention memo. Image: YouTube.com/Public RecordPedersen is scheduled to make his initial appearance on the criminal indictment and to appear at a detention hearing Tuesday, August 15, 2023, at 1:30 p.m., in courtroom 8.4 at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
U.S. Attorney Trina A. Higgins of the District of Utah made the announcement. The case is being investigated jointly by the FDA’s Office of Criminal Investigation (FDA-OCI), Homeland Security Investigations (HSI), and the Federal Bureau of Investigation (FBI) Salt Lake City Field Office.
The criminal action is being prosecuted by Assistant United States Attorneys Jacob J. Strain and Brian Williams from the U.S. Attorney’s Office for the District of Utah, with assistance from Trial Attorneys Speare Hodges and Sarah Williams from the Department of Justice, Civil Division’s Consumer Protection Branch. James Smith from FDA’s Office of Chief Council is also assisting.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus and https://www.justice.gov/coronavirus/combatingfraud.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Third Florida Man Sentenced for String of Recreational Vehicle Thefts Spanning Multiple StatesRead the Press Release
Montgomery, Alabama – Today, United States Attorney Sandra J. Stewart announced that a federal judge sentenced 34-year-old Yanquiel Lazaro Garcia-Carrera, from West Palm Beach, Florida, to 54 months in prison for his role in a string of recreational vehicle (RV) thefts. During his August 10, 2023, sentencing hearing, the judge also ordered that Garcia-Carrera serve three years of supervised release following his prison term and pay $70,036 in restitution.
According to his plea agreement and court records, Garcia-Carrera and others participated in a conspiracy to steal RVs from dealerships at night and transport them back to Florida. Records indicate that from February 2019 through July 2020, thefts occurred on at least 20 separate occasions in multiple states, including Florida, Georgia, Indiana, Kentucky, Mississippi, Tennessee, West Virginia, and Houston County, Alabama.
Two others charged in the conspiracy were 46-year-old Yohannys Riquenes Diaz, also from West Palm Beach, and 37-year-old Taylon Batista-Garcia, from Margate, Florida. In May 2023, a judge sentenced Riquenes-Diaz to 37 months in prison and Batista-Garcia received a sentence of 26 months in prison. The judge also required that both men pay restitution.
The FBI and the Dothan Police Department investigated this case, with assistance from numerous state and local law enforcement agencies in the affected states. Assistant United States Attorney Brandon W. Bates is prosecuting the case.
Texans Guilty of Operating Major Drug Trafficking EnterpriseRead the Press Release
BEAUMONT, Texas – Three Texas men have pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs today.
Nekia Euron Byrd, 48, of Houston; Rodney Ignacio Castro, 41, of Houston; and Terance Babe Green, 43, of Beaumont each pleaded guilty to conspiracy to possess with intent to distribute a controlled substance today before U.S. Magistrate Judge Christine L. Stetson.
According to information presented in court, Byrd, Castro and Green were responsible for trafficking cocaine throughout the Houston-area, and into various locations throughout eastern Texas, including Texarkana, Lufkin and Port Arthur. Specifically, Green controlled a cocaine distribution network in Port Arthur, responsible for importing several kilograms of cocaine each month, for distribution and conversion to cocaine-base. Byrd was responsible for owning two residences in Houston, where narcotics distribution in methamphetamine, cocaine, marijuana and promethazine occurred. These residences were responsible for providing wholesale distribution of narcotics to mid-level dealers throughout the Houston-area and eastern Texas. Castro served as a source-of-supply for cocaine for Byrd’s operation, and several other mid-level dealers servicing Houston and eastern Texas. On Sep. 28, 2021, a search warrant was served at Castro’s residence resulting in the seizure of $1,050,860.00 in U.S. Currency, and assorted jewelry worth roughly $250,000.00. Estimates based upon seizures and wiretaps indicate Castro was responsible for trafficking over 100 kilograms of cocaine in the course of this conspiracy.
The defendants each face from 10 years to life in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case is being investigated by the Drug Enforcement Administration and the Internal Revenue Service - Criminal Investigation and prosecuted by Assistant U.S. Attorney Michael A. Anderson.
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Senior FARC Commander Pleads Guilty in Brooklyn Federal Court to Conspiring to Distribute Massive Quantities of Cocaine for Importation into the United StatesRead the Press Release
Martin Leonel Perez Castro, also known as “Richard,” pleaded guilty today in federal court in Brooklyn to conspiracy to distribute cocaine internationally, intending and knowing that the cocaine would be illegally imported into the United States. The proceeding was held before United States District Judge Brian M. Cogan. Perez Castro, the commander of the Revolutionary Armed Forces of Colombia (FARC) 30th Front, a group that operated in southwestern Colombia, was extradited to the Eastern District of New York in June 2022. When sentenced, he faces up to life in prison.
Breon Peace, United States Attorney for the Eastern District of New York, Anne Milgram, Administrator, U.S. Drug Enforcement Administration (DEA), and Thomas M. Fattorusso, Special Agent-in-Charge, Internal Revenue Service Criminal Investigation, New York Field Office (IRS-CI), announced the guilty plea.
“The defendant was a senior FARC leader who financed the group’s violence and terrorism through the production and distribution of thousands of kilograms of cocaine on a global scale,” stated United States Attorney Peace. “Today’s guilty plea is a powerful reminder to drug trafficking organizations all over the world that this Office and our law enforcement partners will bring them to justice for the harm and misery they have caused in the United States and elsewhere.”
Mr. Peace extended his appreciation to the DEA’s office in Bogota, Colombia, the United States Department of State, the Department of Justice’s Office of International Affairs, the Criminal Division’s Narcotic and Dangerous Drug Section (NDDS) Judicial Attaché Office in Bogotá, Colombia, the Colombian National Police, and the Government of Colombia.
“As a senior FARC leader, Perez Castro used violence, power and notoriety to import tons of cocaine from Colombia into New York City,” stated DEA Administrator Milgram. “Today's guilty plea reflects DEA’s unwavering commitment to hold all drug traffickers accountable and should send a clear message to drug networks across the globe that we will investigate and dismantle organizations that threaten the safety and health of the American people.”
“This FARC senior official maintained a revenue stream that used extortion and direct sales to cocaine dealers to fund the para-military group. In his position, Perez Castro is responsible for distributing thousands of kilos of cocaine in and around the United States. Today’s guilty plea is the result of the great investigative work of DEA and IRS-CI Special Agents and incredible law enforcement partnerships globally,” stated IRS-CI New York Special Agent-in-Charge Fattorusso.
As set forth in the indictment, court filings, and statements made in Court, the FARC’s 30th Front, led by Perez Castro, generated revenue by directly selling cocaine to drug traffickers or extorting payments from traffickers operating in the 30th Front’s territory. The cocaine trafficked by the 30th Front was later smuggled into the United States, Europe, and elsewhere. The 30th Front also attacked rival drug trafficking groups or Colombian government forces to protect or expand FARC territory. As part of his plea, Perez Castro will take responsibility for the distribution of more than 75,000 kilograms of cocaine.
The FARC was founded in 1964 as a left-wing paramilitary group dedicated to the violent overthrow of the Government of Colombia. Over decades of conflict, the FARC attacked Colombian government forces and used targeted killings, kidnapping, and other terrorist tactics to achieve its ends. In October 1997, the U.S. Secretary of State designated the FARC as a foreign terrorist organization (FTO), pursuant to Title 8, United States Code, Section 1189. After the Government of Colombia and the FARC entered into a peace accord in 2016, the FARC formally dissolved. On November 30, 2021, the U.S. Secretary of State revoked the designation of the FARC as an FTO. The defendant’s conduct occurred prior to the 2016 peace accord.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Andrew D. Wang, Adam Amir, and Miranda Gonzalez are in charge of the prosecution.
The Defendant:
MARTIN LEONEL PEREZ CASTRO
Age: 53
ColombiaE.D.N.Y. Docket No. 14-CR-465 (S-2) (BMC)
Schoharie County Sex Offender Admits Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – John C. Hotaling, age 62, of Esperance, New York, pled guilty today, on the eve of trial, to possessing child pornography.
United States Attorney Carla B. Freedman; Special Agent in Charge Janeen DiGuiseppi of the Albany Field Office of the Federal Bureau of Investigation (FBI); and New York State Police Acting Superintendent Steven A. Nigrelli made the announcement.
Hotaling admitted that in 2020, he possessed child pornography images, some of which he created by photoshopping the faces of children onto nude adult bodies engaged in sexually explicit conduct, a process known as “morphing.” Hotaling was on supervised release at the time for a 2009 conviction for engaging in the same conduct. He also admitted violating his terms and conditions of supervised release. Trial in the case was scheduled to begin tomorrow, August 15.
At sentencing on January 4, 2024, before United States District Judge Glenn T. Suddaby, Hotaling faces a mandatory minimum sentence of 10 years and a maximum sentence of 20 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The FBI, New York State Police and U.S. Probation Department investigated the case. Assistant U.S. Attorneys Douglas Collyer, Ashlyn Miranda and Rick Bellis are prosecuting 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.
Sarasota Man Pleads Guilty to Possessing A Firearm as A Convicted FelonRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Marquis Henry Mack (33, Sarasota) has pleaded guilty to possessing a firearm as a convicted felon. Mack faces a maximum penalty of 15 years in federal prison. A sentencing date has not yet been set.
According to court documents, on January 4, 2023, deputies from the Sarasota County Sheriff’s Office responded to Mack’s residence to serve a narcotics-related arrest warrant that had been issued in Manatee County. Mack was standing in his driveway when the deputies approached him. When informed of the pending arrest warrant, Mack turned around and began to walk toward his garage, failing to obey all verbal commands to stop. The deputies grabbed ahold of Mack, and as Mack struggled to break free, the deputies pulled a loaded SCCY CPX-1 9mm caliber pistol from Mack’s front pocket.
Mack, a previously convicted felon, had served 18 months in state prison after sustaining a conviction for possessing a firearm as a convicted felon in 2021. As a convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sarasota County Sheriff’s Office, and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys David W.A. Chee and Samantha E. Beckman.
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.
Sacramento Man Sentenced to over 7 Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — Quentin Carthen, 41, of Sacramento, was sentenced today to seven years and eight months in prison for being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on March 16, 2020, Carthen was riding in a car that was stopped by law enforcement officers. Carthen—who had been paroled from state prison just four days earlier—got out of the car, ignored commands to stop, and ran away from the detectives. As he ran away, Carthen dropped a tan-colored bag that he had been carrying, and when police later seized the bag, they found an assault weapon inside, loaded with a bullet in the chamber, an extended magazine, a silencer, and the safety switch set to “fire.” This gun also had a rubber glove-like piece placed over the trigger, which would allow its user to pull the trigger without leaving fingerprints. He has previously been convicted of several felonies, including drug trafficking and assault.
This case was the product of an investigation by the Sacramento County Sheriff’s Office and the Federal Bureau of Investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Richland Man Sentenced to 25 Years in Federal Prison for Producing Child PornographyRead the Press Release
Yakima, Washington – On August 14, 2023, U.S. District Judge Mary K. Dimke sentenced Allen Richard Smith, 66, of Richland, Washington, to 25 years in federal prison for producing images of child pornography depicting minor boys in the Philippines. Judge Dimke also ordered Smith to serve the remainder of his life on federal supervision after he is released from prison. Smith pleaded guilty on September 24, 2021. In announcing sentence, Judge Dimke noted, that Smith has shown that with even a cell phone in his hand, he poses a danger to children across the world.
Smith first came to the attention of law enforcement because Facebook reported that he was distributing images of child pornography on Facebook from April 2019 through May 2020. Special Agents with Homeland Security Investigations (“HSI”) and the Richland Police Department sought and obtained search warrants for Smith’s social media accounts, and discovered significant amounts of child pornography that Smith had sent and received. In his accounts, Smith also had numerous ongoing conversations with other adult men in which Smith remotely directed the real-time recording of hands-on sexual abuse of destitute boys in the Philippines who were as young as 8 years old.
Among the computers and digital devices that law enforcement officers seized from Smith’s residence in Richland was a Dell PC, whose hard drive contained a folder named “Allen’s files” and a subfolder Smith named “FB & Twitter Friends from Around the World – Collection of Pics & Vids.” In that file, Smith specifically identified his victims with highly-detailed lists of the boys’ names, ages, and locations. Law enforcement identified numerous victims from around the United States and the rest of the world. For one minor victim in Guatemala, Smith even transferred funds to the child’s mother in exchange for images of child pornography.
In October 2017, Smith traveled to the Philippines in person. The Filipino authorities checked Smith’s records, learned that he was a registered sex offender based on a prior conviction in Benton County Superior Court for two counts of First Degree Child Molestation, and denied him entry.
Law enforcement officers were able to locate and interview several of Smith’s victims, although many more could not be identified with certainty. Several of Smith’s victims described him seeking them out online and offering them money or cell phone minutes in exchange for them performing sex acts on video for Smith. Where it was possible to do so, American law enforcement and diplomatic officers worked with local authorities to remove children from dangerous situations.
“It is serious enough that Defendant – a convicted and registered sex offender – repeatedly traded, collected, and produced crime-scene videos of young boys being sexually abused. But his conduct was even worse: he specifically sought out vulnerable, deeply-impoverished children in foreign countries and offered money in exchange for sexual access. Mr. Smith’s conduct demonstrates a shocking and callous objectification of vulnerable victims,” said U.S. Attorney Vanessa R. Waldref. “This case highlights the importance of vigilance against all forms of child exploitation. Law enforcement learned about Mr. Smith based solely on images that Facebook reported, but the thorough investigation revealed his conduct was even more severe than downloading images from the Internet. It is only because we take child pornography so seriously that authorities were able to apprehend a person who perpetrated repeated hands-on sexual abuse of many vulnerable boys from around the world.”
“Mr. Smith’s conduct demonstrates the lengths to which child abusers go to exploit their victims and share this graphic material across the Internet,” said Special Agent in Charge Robert Hammer, who oversees HSI operations in the Pacific Northwest. “I cannot stress enough to parents how important it is for them to know who their children interact with online, just as much as they know who their children spend time with in real life. Protection of victims is a global priority for HSI, whether they are in Richland and the Tri-Cities or the Philippines and Guatemala. In cases like this, our Project Angel Watch prevents and deters further exploitation of children by alerting authorities to the international travel plans of individuals convicted of sex crimes against children.”
“Cases like this demonstrate how child exploitation cases defy traditional jurisdictions,” said Richland Police Chief Brigit Clary. “We know these offenders leverage technology to feed their destructive lifestyle, but we are committed to using our skills, our technology, and our partnerships to pursue these offenders, even across international borders, to deliver justice for our children.”
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the U.S. Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals, who sexually exploit children, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
This case was investigated by Homeland Security Investigations, the Southeast Regional ICAC Task Force, and the Richland Police Department. The case was prosecuted by Alison L. Gregoire and David M. Herzog, Assistant U.S. Attorneys for the Eastern District of Washington.
4:20-CR-06033-MKD
Poplar man sentenced to prison for sexual abuse on Fort Peck Indian ReservationRead the Press Release
GREAT FALLS — A Poplar man who admitted sexually abusing a woman on the Fort Peck Indian Reservation was sentenced today to four years and eight months in prison, to be followed by 30 years of supervised release, U.S. Attorney Jesse Laslovich said.
Shane Daniel Freemont, 33, pleaded guilty in February to sexual abuse.
Chief U.S. District Judge Brian M. Morris presided.
In court documents, the government alleged that in September 2020, Freemont was at his residence, drinking with a group of individuals. One of the individuals, identified as Jane Doe, was drinking with Freemont and blacked out from intoxication. Despite her level of intoxication, Freemont had sex with Jane Doe. The victim was physically incapable of declining to participate in or to communicate unwillingness to engage in sex.
The U.S. Attorney’s Office prosecuted the case. The FBI and Fort Peck Department of Law and Justice conducted the investigation.
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Pittsburgh Resident Sentenced to 18 Months of Imprisonment for Convictions of Agreeing with Others to Pay Illegal Kickbacks Related to Laboratory TestsRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania has been sentenced in federal court to 18 months of imprisonment, and ordered to forfeit $9 million in criminal proceeds and pay more than $77 million in restitution on his convictions for conspiring to pay illegal kickbacks related to laboratory tests, United States Attorney Eric G. Olshan announced today. Reddy previously pled guilty to three counts of conspiring to commit offenses against the United States and one count of offering and paying kickbacks in connection with a federal health care program.
United States District Judge William S. Stickman imposed the sentence on Ravitej Reddy, 56, of Pittsburgh, PA.
According to information presented to the court, Reddy used two Pittsburgh-area laboratories he owned and operated in the execution of three illegal kickbacks schemes. Reddy and others paid kickbacks to marketers in return for the marketers obtaining cheek swabs from Medicare beneficiaries to be used in laboratory testing. Reddy and others also paid kickbacks to ensure that telemedicine physicians provided prescriptions for laboratory testing for the swabs obtained by the marketers. Reddy’s labs then billed for the performance of the tests. In all, Reddy and others caused a loss to the United States in excess of $60 million.
United States Attorney Olshan commended the Federal Bureau of Investigation and Department of Health and Human Services, Office of Inspector General for the Investigation for the investigation leading to the successful prosecution of Reddy.
The United States Attorney’s Office’s efforts to combat healthcare fraud are frequently made possible by tips from the community. To report suspected fraud, please contact the FBI’s healthcare fraud tipline at [email protected], or the Department of Health and Human Services at 1-800-HHS-TIPS.
Passaic County Man Sentenced to 186 Months in Prison for Producing Child Pornography and Online EnticementRead the Press Release
NEWARK, N.J. – A Passaic County, New Jersey, man was sentenced today to 186 months in prison for producing one or more images of child sexual abuse and enticing a minor to engage in sexually explicit conduct, U.S. Attorney Philip R. Sellinger announced today.
Jose Minaya, 27, of Paterson, New Jersey, previously pleaded guilty before U.S. District Judge Julien X. Neals to an information charging him with one count of production of child pornography and one count of online enticement. Judge Neals imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
In July 2019, Minaya used a web-based application to engage a child in a sexually explicit conversation online. Minaya persuaded the child to take sexually explicit photographs of the child and send them to him. Minaya was arrested at his home in May 2020, at which time agents seized multiple electronic devices. Further investigation revealed that Minaya had used another application to entice an additional minor to engage in sexually explicit conduct.
In addition to the prison term, Judge Neals sentenced Minaya to lifetime supervised release and ordered him to register as a sex offender.
U.S. Attorney Sellinger credited special agents of Homeland Security Investigations Newark, under the direction of Special Agent in Charge Ricky J. Patel, with the investigation leading to today’s sentencing. He also thanked the Passaic County Sheriff’s Office for its assistance.
The government is represented by Assistant U.S. Attorney Shawn Barnes of the U.S. Attorney’s Office Criminal Division in Newark.