Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Tuesday 8 August 2023
Greece Man on Federal Supervised Release Going Back to Prison for Fraudulently Buying and Selling Sports CardsRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Kyle Bertrand, 35, of Greece, NY, who was convicted of wire fraud, was sentenced to serve 27 months in prison and ordered to pay approximately $33,000 restitution by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Kyle P. Rossi, who handled the case, stated that stated that Bertrand is currently on supervised release following 2017 federal fraud and identity theft convictions. Between October 2021, and February 2022, Bertrand advertised on various social media and online forums that he had collectible sports cards for sale, and he also attempted to purchase sports cards that were being sold by other individuals. However, Bertrand advertised sports cards for sale that he either never possessed or never intended to deliver. For instance, he advertised sports cards that were collectible in nature and valued highly, with the ads appearing legitimate and containing appropriate information and images. When contacted by an interested buyer, Bertrand negotiated a sale price, and then directed the buyer to send payment by wire through a mobile payment service. After receiving the payment, he would send the buyer confirmation that the cards had been shipped. But, instead of receiving cards, buyers received empty boxes or cards of negligible value. In other instances, Bertrand stole collectible cards by contacting sellers, negotiating a purchase price, and making payment via credit card through processing service. Sellers would then mail the cards to Bertrand, who would then dispute his credit card payment through the credit card company, revoking the payment issued to the seller.
Bertrand defrauded a total of six victims in Florida, Ohio, Missouri, and Pennsylvania out of approximately $33,360.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.
# # # #
Four sentenced in Eastern Panhandle drug trafficking operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Four men have been sentenced to federal prison for their roles in an Eastern Panhandle drug trafficking operation.
Kirk Leon Grantham, age 45, of Hagerstown, Maryland, was sentenced today to 57 months for the distribution of controlled substances. Grantham was the leader of a drug trafficking conspiracy and worked with others in Berkeley and Jefferson Counties to sell cocaine, heroin, and fentanyl.
Three of Grantham’s co-defendants were also sentenced, as follows:
- Julian Demont Pace, age 48, of Bunker Hill, West Virginia was sentenced to 41 months.
- Ronald Lee Jackson, age 36, of Martinsburg, West Virginia, was sentenced to 15 months.
- William Brown, age 75, of Martinsburg, West Virginia, was sentenced to three years of probation.
Pace, Jackson, and Brown each have multiple prior drug trafficking convictions.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government.
The FBI and the Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, investigated.
Former local bakery owner sentenced to 6 years in prison for stealing identity of deceased baby & committing $1.5M in pandemic relief fraudRead the Press Release
COLUMBUS, Ohio – A former Columbus woman was sentenced in federal court today to 72 months in prison for committing 16 counts of wire and passport fraud. The defendant stole the identity of a baby who died as an infant and used the infant’s identity to obtain a passport, a student pilot license, a job as a flight attendant, and pandemic relief loans.
As part of her sentence, Ava Misseldine, 50, will pay more than $1.5 million in restitution and forfeit her Utah home and profits from the recent sale of her Michigan home, both of which she bought with stolen government money.
According to court documents, Misseldine stole the identity of a baby who died in 1979 and is buried in a Columbus cemetery.
In 2003, Misseldine applied for an Ohio ID and later a Social Security card and driver’s license using the stolen identity.
In 2007, Misseldine posed as the stolen identity to obtain a student pilot certificate and U.S. Passport. Misseldine submitted paperwork claiming she needed the passport to travel internationally in her occupation as a flight attendant for JetSelect. She was employed under the false identity.
Over the next 13 years, Misseldine continued to obtain identity documents in both her real and fake names. An investigation was launched in 2021 when she tried to renew the fraudulent passport.
Misseldine obtained approximately $1.5 million in fraudulent Paycheck Protection Program loans in 2020 using both her real and fake identities. Her loan applications list her businesses as various bakeries and catering companies, including her former bakeries Sugar Inc. Cupcakes & Tea Salon in Dublin and Koko Tea Salon & Bakery in New Albany and at Easton. She submitted forged documents to support her loan applications.
Misseldine used the pandemic relief loan money to purchase a home for $647,500 adjacent to Zion National Park in Utah and a home for $327,500 in Michigan.
In August and September 2021, Misseldine, after relocating to Utah, obtained driver’s licenses in both names.
Misseldine was arrested in Utah in June 2022. She pleaded guilty in the Southern District of Ohio in October 2022.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio, announced the sentence imposed today by U.S. District Judge Michael H. Watson and commended the investigation by the U.S. Department of State Diplomatic Security Service and Social Security Administration Office of the Inspector General, assisted by the U.S. Marshals, the Ohio Bureau of Motor Vehicles, and the Ohio Department of Job and Family Services. Special Assistant United States Attorney Timothy Landry is representing the United States in this case.
# # #
Former Middle School Health Aide Sentenced to 10 Years in Prison for Possession of Child PornographyRead 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 FBI Albuquerque Field Office, announced today that Aaron Leon Happy was sentenced to 10 years in prison. Happy, 42, of Shiprock, New Mexico, pled guilty on February 27, 2023, to possession of visual depictions of minors engaged in sexually explicit conduct.
According to court records, the National Center for Missing and Exploited Children received a tip from Facebook in July 2019 about a user’s activity. Specifically, Facebook disclosed that the user, “Aaron Happ,” was engaging multiple minors in sexually explicit conversations on its platform. The tip was sent to the FBI, who identified the user as Happy, who then worked as a health aide at the Newcomb Middle School located within the exterior boundaries of the Navajo Nation.
On Dec. 15, 2020, the FBI executed a search warrant on Happy’s person, office, and residence. Investigators found a trove of videos and images of children being sexually assaulted on one of Happy’s cellular telephones which he obtained from the internet.
Upon his release from prison, Happy will be subject to supervised release for life and must register as a sex offender.
The Farmington Resident Agency of the FBI investigated this case with assistance from the FBI Albuquerque’s Child Exploitation and Human Trafficking Task Force, the FBI Gallup Resident Agency, the FBI Denver - Durango Resident Agency, the San Juan County (New Mexico) Sheriff’s Office, the Cortez (Colorado) Police Department and the Montezuma County (Colorado) Sheriff’s Office. Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.
# # #
23-171
Former Manager of Brockton RMV Sentenced for ExtortionRead the Press Release
BOSTON – A Brockton woman was sentenced today in federal court in Boston for accepting money in exchange for agreeing to issue passing learner’s permit test scores to applicants regardless of whether they actually passed at the Registry of Motor Vehicles (RMV) in Brockton.
Mia Cox-Johnson, 44, was sentenced by U.S. District Court Judge Denise J. Casper to four months in prison and one year of supervised release, with the first six months to be served under home confinement. Cox was also ordered to pay a $5,500 fine. Cox-Johnson pleaded guilty on March 30, 2023 to two counts of extortion under color of official right and one count of conspiring to commit extortion.
Cox-Johnson, a former manager of the RMV service center in Brockton, took money in exchange for passing scores on learner’s permit tests for both passenger vehicle driver’s licenses and Commercial Driver’s Licenses (CDLs). Between December 2018 and October 2019, Cox-Johnson conspired to take money in exchange for agreeing to give customers passing scores on their multiple-choice learner’s permit tests even if they did not pass. Customers were told to request a paper test instead of taking the test on the RMV computer. Cox-Johnson personally graded these customers’ paper tests and gave the applicants passing scores.
On Dec. 28, 2018, Cox-Johnson accepted $1,000 in cash – delivered from a friend on behalf of another individual – in exchange for a passing score for the individual’s relative who had failed the passenger vehicle learner’s permit test six times when taking it in their native language. Cox-Johnson agreed to score the relative as having passed the permit test regardless of whether they had truly passed. Cox-Johnson did, in fact, pass the relative’s test, which was taken on paper in English.
On Oct. 21, 2019, a customer came to the Brockton RMV and took three multiple-choice tests they needed to pass in order to get a commercial learner’s permit – a prerequisite to taking the road test for a CDL. Cox-Johnson accepted $200 in cash from an individual to score the customer as having passed the tests even if they did not actually pass. In fact, the applicant failed one of the tests, but Cox-Johnson falsely gave the applicant a passing score.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England; and Christopher A. Scharf, Special Agent in Charge, U.S. Department of Transportation Office of Inspector General, Northeast Region, made the announcement today. The investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF). Valuable assistance was provided by the Mattapoisett Police Department. Assistant U.S. Attorneys Christine Wichers, Adam Deitch and Eugenia M. Carris of the Public Corruption & Special Prosecutions Unit and Assistant U.S. Attorney Mackenzie Duane of the Major Crimes Unit prosecuted the case.
Former Los Lunas High School Coach Sentenced to 23 Years for Coercion and Enticement and Production of Child PornographyRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Johnathon Bindues was sentenced to 23 years in prison. A federal jury convicted Bindues, 32, of Los Lunas, on May 4, 2023, of coercion and enticement of a minor and production of child pornography.
According to the evidence at trial and other publicly available court records, Bindues used his former position at Los Lunas High School as the coach for the girls’ basketball and track teams to gain special access to minor females. The victim, identified as Jane Doe, was a freshman and a member of the teams Bindues coached. Between September 2020 and June 2021, Bindues exchanged over 17,000 text messages with the victim. Bindues requested nude images of Jane Doe, sent her explicit images of himself, and repeatedly encouraged her to delete text messages. After discovering sexually explicit messages on her daughter’s phone, Jane Doe’s mother reported the relationship to the New Mexico State Police.
Upon his release from prison, Bindues will be subject to 10 years of supervised release and must register as a sex offender.
The FBI and New Mexico State Police investigated this case. Assistant United States Attorneys Jaymie L. Roybal and Patrick E. Cordova are prosecuting the case as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
# # #
23-173
Former Leader of “Clan Del Golfo” Drug Trafficking Organization Sentenced to 45 Years in Prison for Operating a Continuing Criminal Enterprise and Related ChargesRead the Press Release
MIAMI – Today, in federal court in Brooklyn, Dairo Antonio Úsuga David, known by various aliases, including “Otoniel,” a citizen of Colombia, was sentenced by United States District Judge Dora L. Irizarry to 45 years’ imprisonment for engaging in a continuing criminal enterprise as a leader of the multibillion-dollar paramilitary and drug trafficking organization known as the “Clan del Golfo” (CDG). Úsuga David was also sentenced to 45 years’ imprisonment for engaging in a maritime narcotics conspiracy and 45 years’ imprisonment for engaging in a narcotics importation conspiracy. The sentences will run concurrently. As part of the sentence, the Court ordered Úsuga David to pay $216 million in forfeiture. The defendant pleaded guilty to all three charges in January 2023.
Markenzy Lapointe, United States Attorney for the Southern District of Florida, Merrick B. Garland, United States Attorney General, Breon Peace, United States Attorney for the Eastern District of New York, Damian Williams, United States Attorney for the Southern District of New York, Anne Milgram, Administrator, U.S. Drug Enforcement Administration (DEA), Ivan J. Arvelo, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI), Christie M. Curtis, Acting Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Edward A. Caban, Commissioner, New York City Police Department (NYPD), and Steven A. Nigrelli, Acting Superintendent, New York State Police (NYSP), announced the sentence.
“Today’s 45-year sentence of Clan de Golfo’s notoriously violent leader illustrates the United States’ tenacious approach to securing justice against those who threaten the security of our nation and communities,” stated United States Attorney Lapointe. “Cartel leaders like Úsuga David will be found, extradited, and prosecuted.”
“Otoniel led one of the largest cocaine trafficking organizations in the world, where he directed the exportation of massive amounts of cocaine to the United States and ordered the ruthless execution of Colombian law enforcement, military officials, and civilians,” stated Attorney General Garland. “This sentence sends a clear message: the Justice Department will find and hold accountable the leaders of deadly drug trafficking organizations that harm the American people, no matter where they are and no matter how long it takes.”
“The human misery caused by the defendant’s incredibly violent, vengeful, and bloody reign as leader of the Clan de Golfo drug trafficking organization may never be fully calculated due to its magnitude, but today’s lengthy sentence delivers appropriate justice and sends a message to other paramilitary and cartel leaders that the United States will seek their arrest and extradition in order to hold them accountable in our courts of law,” stated United States Attorney Peace.
Mr. Peace extended his appreciation to the United States Attorneys’ Offices for the Middle District of Florida and Eastern District of Texas, the Justice Department’s Office of International Affairs, the Criminal Division’s Narcotic and Dangerous Drug Section (NDDS), Judicial Attachés in Bogotá, Colombia and Attorneys assigned at the Special Operations Division, the United States Marshals Service, the Port Authority Police Department, the Colombian Attorney General’s Office, the Colombian National Police, the Colombian Ministry of National Defense, the Colombian Ministry of Justice, and the Colombian Ministry of Foreign Affairs, for assistance in the investigation, arrest, and extradition of the defendant.
“Today’s sentencing demonstrates DEA’s commitment to defeating deadly criminal networks who have no regard for human life,” stated DEA Administrator Milgram. “DEA investigated Otoniel – one of the most violent and prolific drug traffickers in the world – for almost 20 years. Under Otoniel’s leadership, the Clan de Golfo shipped massive quantities of cocaine into the United States, terrorized the Colombian people, and killed civilians, law enforcement officers, and rivals in Colombia who threatened the organization’s trafficking operations. I commend the men and women of the DEA for their many years of outstanding work that culminated in today’s sentencing.”
“Today’s sentencing of notorious Clan del Golfo leader Dairo Antonio Úsuga David is the culmination of years of collaborative efforts between HSI and our local, federal and international law enforcement partners,” stated HSI New York Special Agent-in-Charge Arvelo. “Criminals should take note of this sentencing and heed its warning; HSI remains committed to these joint efforts to disrupt and dismantle criminal organizations whose illicit activities threaten the national security of the United States and the safety of our communities.”
“When you consider the scale of Usuga David’s operations—a man with a private army who dared to place bounties on the heads of law enforcement and other government officials in Columbia–– you have to admire the tenacity and courage of team that brought him to justice, both in Columbia and the U.S.” stated NYPD Commissioner Caban. “The NYPD is proud to have played its part in the coordinated efforts of Columbian officials, the U.S. Department of Justice, the DEA, the FBI, Homeland Security Investigations and the New York State Police.”
NYSP Acting Superintendent Nigrelli stated: “Today’s sentencing is the direct result of law enforcements dedication to stemming the tide of illegal drugs coming into our communities. This defendant smuggled tons of illegal drugs into our country and our state, putting lives in danger. We will continue to make it a priority to find, then dismantle these dangerous and deadly operations. I want to thank our members and our law enforcement partners for their work on this case and their commitment to stopping the flow of illegal drugs into our country.”
Between June 2003 and October 2021, Úsuga David was the leader of a continuing criminal enterprise responsible for exporting multi-ton shipments of cocaine from Colombia to Mexico and Central America for ultimate importation into the United States. Additionally, Úsuga David participated in conspiracies to distribute narcotics via maritime vessels and also to manufacture and distribute cocaine, knowing and intending that the narcotics would be illegally imported into the United States.
The Clan Del Golfo
Between 2012 and through his capture by Colombian military and law enforcement forces on October 23, 2021, Úsuga David was the leader of the CDG.
The CDG is one of the most violent and most powerful criminal organizations in Colombia, and it is one of the largest distributors of cocaine in the world. With as many as 6,000 members at times, the CDG exercises military control over vast amounts of territory in the Urabá region of Antioquia, Colombia, one of the most lucrative drug trafficking areas within Colombia due to its proximity to the Colombia-Panama border and the Caribbean and Pacific coasts. Clad in military uniforms, CDG members employ military tactics and weapons to reinforce their power and incite wars and violence against rival drug traffickers, paramilitary organizations, and Colombian law enforcement authorities who threaten the CDG’s control.
The CDG funds its operations primarily through a multi-billion-dollar drug trafficking operation. It imposes a “tax” on any drug traffickers operating in territory under its control, charging fees for every kilogram of cocaine manufactured, stored, or transported through areas controlled by the organization. The CDG also directly exports cocaine, and coordinates the production, purchase, and transfer of weekly and bi-weekly multi-ton shipments of cocaine from Colombia into Central America and Mexico for ultimate importation to the United States.
To maintain control over CDG territory, Úsuga David and the CDG employed an army of “sicarios,” or hitmen, who carried out acts of violence, including murders, assaults, kidnappings, torture, and assassinations against competitors and those deemed traitors to the organization, as well as their family members. The CDG murdered and assaulted Colombian law enforcement officers, Colombian military personnel, rival drug traffickers and paramilitaries, potential witnesses, and civilians. Úsuga David and the CDG used violence to promote and enhance the reputation and position of the CDG with respect to rival criminal organizations; preserve, protect, and expand the CDG’s power and territory; finance the CDG’s operations and enrich its leaders through the collection of drug debts; maintain discipline among its members and associates; and protect CDG members from arrest and prosecution by attempting to silence potential witnesses and retaliating against law enforcement authorities and those assisting law enforcement.
Úsuga David served as a high-ranking leader within the CDG from its inception and was its principal leader for approximately10 years. During his reign, Úsuga David oversaw all of the CDG’s activities and directed its members to engage in extensive criminal acts, including acts of violence, mandated shutdowns of all business activities and civilian movement within designated regions of Colombia, retaliation against law enforcement authorities and potential witnesses, the exertion of control over drug manufacturing facilities and trafficking routes, and the exportation of cocaine in multi-ton quantities.
Úsuga David assumed power and territorial control over vast swaths of the Colombian coastline and personally directed members of the CDG to commit acts of violence to reinforce that power. This included violence against civilians. For example, in early 2012, following the death of Úsuga David’s brother in a police raid, Úsuga David ordered a multi-day shutdown be imposed on towns and communities within the CDG’s control. During the strike, CDG members ordered that all businesses remain closed, and that residents stay in their homes. Úsuga David ordered CDG members to execute those who did not adhere to his orders.
Úsuga David also personally ordered CDG members to commit murders of specific individuals, including the murders of rival drug traffickers and members of the CDG who betrayed him or the organization. For example, Úsuga David ordered the assassinations of multiple individuals who worked for a rival drug trafficking organization.
In addition, Úsuga David regularly directed CDG members to use violence, intimidation, and murder to dissuade law enforcement authorities from performing their duties and to silence potential witnesses. For example, at Úsuga David’s direction, the CDG carried out organized campaigns, referred to as “Plan Pistolas,” to kill Colombian law enforcement and military personnel using military-grade weapons, including grenades, explosives, and assault rifles. Úsuga David offered bounties for the murder of Colombian police officers and military personnel to intimidate law enforcement authorities and prevent them from capturing him or interfering in the CDG’s business. Úsuga David’s organization made numerous attempts to assassinate individuals who were believed to be cooperating with law enforcement.
Úsuga David was also extensively involved in the narcotics activities that funded the CDG and enabled its power. He oversaw the CDG’s drug trafficking exports and directed a network of “debt collectors” tasked with the enforcement and collection of taxes paid by drug trafficking organizations that operated in regions controlled by the CDG. In addition, Úsuga David controlled cocaine manufacturing facilities and used the CDG’s extensive distribution network to export cocaine independently for his own personal profit.
Asset Forfeiture
As part of the sentence, the Court ordered Úsuga David to pay a $216 million forfeiture money judgment. The forfeiture money judgment is subject to the Agreement between the Government of the United States of America and the Government of the Republic of Colombia concerning the Sharing of Forfeited Proceeds and Instrumentalities of Crime.
Assistant United States Attorney Robert Emery of the Southern District of Florida and Assistant United States Attorney Alexander Li of the Southern District of New York led the prosecutions for their respective offices. The government’s case is being handled by the Eastern District of New York’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Francisco J. Navarro, Gillian Kassner, and Tara B. McGrath are in charge of the prosecution. Claire S. Kedeshian of the Office’s Asset Recovery Section is handling forfeiture matters.
The investigation, extradition, and conviction of Úsuga David is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 15-cr-20403.
The Defendant:
DAIRO ANTONIO USUGA DAVID (also known as “Otoniel,” “Mao,” “Gallo” and “Mauricio-Gallo”)
Age: 51
Antioquia, ColombiaE.D.N.Y. Docket Nos. 14-CR-625 (S-4) (DLI)
23-CR-021 (DLI)
23-CR-027 (DLI)###
Former Leader of “Clan Del Golfo” Drug Trafficking Organization Sentenced to 45 Years in Prison for Operating a Continuing Criminal Enterprise and Related ChargesRead the Press Release
BROOKLYN, NY - Earlier today, in federal court in Brooklyn, Dairo Antonio Úsuga David, known by various aliases, including “Otoniel,” a citizen of Colombia, was sentenced by United States District Judge Dora L. Irizarry to 45 years’ imprisonment for engaging in a continuing criminal enterprise as a leader of the multibillion-dollar paramilitary and drug trafficking organization known as the “Clan del Golfo” (CDG). Úsuga David was also sentenced to 45 years’ imprisonment for engaging in a maritime narcotics conspiracy and 45 years’ imprisonment for engaging in a narcotics importation conspiracy. The sentences will run concurrently. As part of the sentence, the Court ordered Úsuga David to pay $216 million in forfeiture. The defendant pleaded guilty to all three charges in January 2023.
Merrick B. Garland, United States Attorney General, Breon Peace, United States Attorney for the Eastern District of New York, Markenzy Lapointe, United States Attorney for the Southern District of Florida, Damian Williams, United States Attorney for the Southern District of New York, Anne Milgram, Administrator, U.S. Drug Enforcement Administration (DEA), Ivan J. Arvelo, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI), Christie M. Curtis, Acting Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Edward A. Caban, Commissioner, New York City Police Department (NYPD), and Steven A. Nigrelli, Acting Superintendent, New York State Police (NYSP), announced the sentence.
“Otoniel led one of the largest cocaine trafficking organizations in the world, where he directed the exportation of massive amounts of cocaine to the United States and ordered the ruthless execution of Colombian law enforcement, military officials, and civilians,” stated Attorney General Garland. “This sentence sends a clear message: the Justice Department will find and hold accountable the leaders of deadly drug trafficking organizations that harm the American people, no matter where they are and no matter how long it takes.”
“The human misery caused by the defendant’s incredibly violent, vengeful, and bloody reign as leader of the Clan de Golfo drug trafficking organization may never be fully calculated due to its magnitude, but today’s lengthy sentence delivers appropriate justice and sends a message to other paramilitary and cartel leaders that the United States will seek their arrest and extradition in order to hold them accountable in our courts of law,” stated United States Attorney Peace.
Mr. Peace extended his appreciation to the United States Attorneys’ Offices for the Middle District of Florida and Eastern District of Texas, the Justice Department’s Office of International Affairs, the Criminal Division’s Narcotic and Dangerous Drug Section (NDDS), Judicial Attachés in Bogotá, Colombia and Attorneys assigned at the Special Operations Division, the United States Marshals Service, the Port Authority Police Department, the Colombian Attorney General’s Office, the Colombian National Police, the Colombian Ministry of National Defense, the Colombian Ministry of Justice, and the Colombian Ministry of Foreign Affairs, for assistance in the investigation, arrest, and extradition of the defendant.
“Today’s 45-year sentence of Clan de Golfo’s notoriously violent leader illustrates the United States’ tenacious approach to securing justice against those who threaten the security of our nation and communities,” stated United States Attorney Lapointe. “Cartel leaders like Úsuga David will be found, extradited, and prosecuted.”
“Today’s sentencing demonstrates DEA’s commitment to defeating deadly criminal networks who have no regard for human life,” stated DEA Administrator Milgram. “DEA investigated Otoniel – one of the most violent and prolific drug traffickers in the world – for almost 20 years. Under Otoniel’s leadership, the Clan de Golfo shipped massive quantities of cocaine into the United States, terrorized the Colombian people, and killed civilians, law enforcement officers, and rivals in Colombia who threatened the organization’s trafficking operations. I commend the men and women of the DEA for their many years of outstanding work that culminated in today’s sentencing.”
“Today’s sentencing of notorious Clan del Golfo leader Dairo Antonio Úsuga David is the culmination of years of collaborative efforts between HSI and our local, federal and international law enforcement partners,” stated HSI New York Special Agent-in-Charge Arvelo. “Criminals should take note of this sentencing and heed its warning; HSI remains committed to these joint efforts to disrupt and dismantle criminal organizations whose illicit activities threaten the national security of the United States and the safety of our communities.”
“When you consider the scale of Usuga David’s operations—a man with a private army who dared to place bounties on the heads of law enforcement and other government officials in Columbia–– you have to admire the tenacity and courage of team that brought him to justice, both in Columbia and the U.S.” stated NYPD Commissioner Caban. “The NYPD is proud to have played its part in the coordinated efforts of Columbian officials, the U.S. Department of Justice, the DEA, the FBI, Homeland Security Investigations and the New York State Police.”
NYSP Acting Superintendent Nigrelli stated: “Today’s sentencing is the direct result of law enforcements dedication to stemming the tide of illegal drugs coming into our communities. This defendant smuggled tons of illegal drugs into our country and our state, putting lives in danger. We will continue to make it a priority to find, then dismantle these dangerous and deadly operations. I want to thank our members and our law enforcement partners for their work on this case and their commitment to stopping the flow of illegal drugs into our country.”
Between June 2003 and October 2021, Úsuga David was the leader of a continuing criminal enterprise responsible for exporting multi-ton shipments of cocaine from Colombia to Mexico and Central America for ultimate importation into the United States. Additionally, Úsuga David participated in conspiracies to distribute narcotics via maritime vessels and also to manufacture and distribute cocaine, knowing and intending that the narcotics would be illegally imported into the United States.
The Clan Del Golfo
Between 2012 and through his capture by Colombian military and law enforcement forces on October 23, 2021, Úsuga David was the leader of the CDG.
The CDG is one of the most violent and most powerful criminal organizations in Colombia, and it is one of the largest distributors of cocaine in the world. With as many as 6,000 members at times, the CDG exercises military control over vast amounts of territory in the Urabá region of Antioquia, Colombia, one of the most lucrative drug trafficking areas within Colombia due to its proximity to the Colombia-Panama border and the Caribbean and Pacific coasts. Clad in military uniforms, CDG members employ military tactics and weapons to reinforce their power and incite wars and violence against rival drug traffickers, paramilitary organizations, and Colombian law enforcement authorities who threaten the CDG’s control.
The CDG funds its operations primarily through a multi-billion-dollar drug trafficking operation. It imposes a “tax” on any drug traffickers operating in territory under its control, charging fees for every kilogram of cocaine manufactured, stored, or transported through areas controlled by the organization. The CDG also directly exports cocaine, and coordinates the production, purchase, and transfer of weekly and bi-weekly multi-ton shipments of cocaine from Colombia into Central America and Mexico for ultimate importation to the United States.
To maintain control over CDG territory, Úsuga David and the CDG employed an army of “sicarios,” or hitmen, who carried out acts of violence, including murders, assaults, kidnappings, torture, and assassinations against competitors and those deemed traitors to the organization, as well as their family members. The CDG murdered and assaulted Colombian law enforcement officers, Colombian military personnel, rival drug traffickers and paramilitaries, potential witnesses, and civilians. Úsuga David and the CDG used violence to promote and enhance the reputation and position of the CDG with respect to rival criminal organizations; preserve, protect, and expand the CDG’s power and territory; finance the CDG’s operations and enrich its leaders through the collection of drug debts; maintain discipline among its members and associates; and protect CDG members from arrest and prosecution by attempting to silence potential witnesses and retaliating against law enforcement authorities and those assisting law enforcement.
Úsuga David served as a high-ranking leader within the CDG from its inception and was its principal leader for approximately10 years. During his reign, Úsuga David oversaw all of the CDG’s activities and directed its members to engage in extensive criminal acts, including acts of violence, mandated shutdowns of all business activities and civilian movement within designated regions of Colombia, retaliation against law enforcement authorities and potential witnesses, the exertion of control over drug manufacturing facilities and trafficking routes, and the exportation of cocaine in multi-ton quantities.
Úsuga David assumed power and territorial control over vast swaths of the Colombian coastline and personally directed members of the CDG to commit acts of violence to reinforce that power. This included violence against civilians. For example, in early 2012, following the death of Úsuga David’s brother in a police raid, Úsuga David ordered a multi-day shutdown be imposed on towns and communities within the CDG’s control. During the strike, CDG members ordered that all businesses remain closed, and that residents stay in their homes. Úsuga David ordered CDG members to execute those who did not adhere to his orders.
Úsuga David also personally ordered CDG members to commit murders of specific individuals, including the murders of rival drug traffickers and members of the CDG who betrayed him or the organization. For example, Úsuga David ordered the assassinations of multiple individuals who worked for a rival drug trafficking organization.
In addition, Úsuga David regularly directed CDG members to use violence, intimidation, and murder to dissuade law enforcement authorities from performing their duties and to silence potential witnesses. For example, at Úsuga David’s direction, the CDG carried out organized campaigns, referred to as “Plan Pistolas,” to kill Colombian law enforcement and military personnel using military-grade weapons, including grenades, explosives, and assault rifles. Úsuga David offered bounties for the murder of Colombian police officers and military personnel to intimidate law enforcement authorities and prevent them from capturing him or interfering in the CDG’s business. Úsuga David’s organization made numerous attempts to assassinate individuals who were believed to be cooperating with law enforcement.
Úsuga David was also extensively involved in the narcotics activities that funded the CDG and enabled its power. He oversaw the CDG’s drug trafficking exports and directed a network of “debt collectors” tasked with the enforcement and collection of taxes paid by drug trafficking organizations that operated in regions controlled by the CDG. In addition, Úsuga David controlled cocaine manufacturing facilities and used the CDG’s extensive distribution network to export cocaine independently for his own personal profit.
Asset Forfeiture
As part of the sentence, the Court ordered Úsuga David to pay a $216 million forfeiture money judgment. The forfeiture money judgment is subject to the Agreement between the Government of the United States of America and the Government of the Republic of Colombia concerning the Sharing of Forfeited Proceeds and Instrumentalities of Crime.
The government’s case is being handled by the Eastern District of New York’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Francisco J. Navarro, Gillian Kassner, and Tara B. McGrath are in charge of the prosecution. Claire S. Kedeshian of the Office’s Asset Recovery Section is handling forfeiture matters. Assistant United States Attorney Robert Emery of the Southern District of Florida and Assistant United States Attorney Alexander Li of the Southern District of New York led the prosecutions for their respective offices.
The investigation, extradition, and conviction of Úsuga David is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
The Defendant:
DAIRO ANTONIO USUGA DAVID (also known as “Otoniel,” “Mao,” “Gallo” and “Mauricio-Gallo”)
Age: 51
Antioquia, ColombiaE.D.N.Y. Docket Nos. 14-CR-625 (S-4) (DLI)
23-CR-021 (DLI)
23-CR-027 (DLI)Former Leader of Clan Del Golfo Drug Trafficking Organization Sentenced to 45 Years in Prison for Operating a Continuing Criminal Enterprise and Related ChargesRead the Press Release
Note: To obtain copy of b-roll of the U.S. Marshals Service transporting Otoniel via NYPD helicopter on May 5, 2022 click here.
Earlier today in federal court, a citizen of Colombia was sentenced to 45 years in prison for engaging in a continuing criminal enterprise as a leader of the multibillion-dollar paramilitary and drug trafficking organization known as the “Clan del Golfo” (CDG).
According to court documents, Dairo Antonio Úsuga David, aka Otoniel, 51, of Antioquia, Colombia, was also sentenced to 45 years in prison for engaging in a maritime narcotics conspiracy and 45 years in prison for engaging in a narcotics importation conspiracy. The sentences will run concurrently. As part of the sentence, the court ordered Úsuga David to pay $216 million in forfeiture. The defendant pleaded guilty to all three charges in January 2023.
“Otoniel led one of the largest cocaine trafficking organizations in the world, where he directed the exportation of massive amounts of cocaine to the United States and ordered the ruthless execution of Colombian law enforcement, military officials, and civilians,” said Attorney General Merrick B. Garland. “This sentence sends a clear message: the Justice Department will find and hold accountable the leaders of deadly drug trafficking organizations that harm the American people, no matter where they are and no matter how long it takes.”
“The FBI’s goal is to save lives by stopping the supply of deadly narcotics before they reach our borders and targeting the leadership of these criminal enterprises,” said FBI Director Christopher Wray. “The success of this case is due to the collaborative efforts of partners who work to dismantle these dangerous drug trafficking organizations and stop these criminals from harming our communities.”
“Today’s sentencing demonstrates DEA’s commitment to defeating deadly criminal networks who have no regard for human life,” said Drug Enforcement Administration (DEA) Administrator Anne Milgram. “DEA investigated Otoniel – one of the most violent and prolific drug traffickers in the world – for almost 20 years. Under Otoniel’s leadership, the Clan del Golfo shipped massive quantities of cocaine into the United States, terrorized the Colombian people, and killed civilians, law enforcement officers, and rivals in Colombia who threatened the organization’s trafficking operations. I commend the men and women of the DEA for their many years of outstanding work that culminated in today’s sentencing.”
“The human misery caused by the defendant’s incredibly violent, vengeful, and bloody reign as leader of the Clan del Golfo drug trafficking organization may never be fully calculated due to its magnitude, but today’s lengthy sentence delivers appropriate justice and sends a message to other paramilitary and cartel leaders that the United States will seek their arrest and extradition in order to hold them accountable in our courts of law,” said U.S. Attorney Breon Peace for the Eastern District of New York.
“Today’s 45-year sentence of Clan del Golfo’s notoriously violent leader illustrates the United States’ tenacious approach to securing justice against those who threaten the security of our nation and communities,” said U.S. Attorney for the Southern District of Florida Markenzy Lapointe. “Cartel leaders like Úsuga David will be found, extradited, and prosecuted.”
“Today’s sentencing of notorious Clan del Golfo leader Dairo Antonio Úsuga David is the culmination of years of collaborative efforts between HSI and our local, federal and international law enforcement partners,” said Special Agent in Charge Ivan J. Arvelo of Homeland Security Investigations (HSI) New York. “Criminals should take note of this sentencing and heed its warning; HSI remains committed to these joint efforts to disrupt and dismantle criminal organizations whose illicit activities threaten the national security of the United States and the safety of our communities.”
Between June 2003 and October 2021, Úsuga David was the leader of a continuing criminal enterprise responsible for exporting multi-ton shipments of cocaine from Colombia to Mexico and Central America for ultimate importation into the United States. Additionally, Úsuga David participated in conspiracies to distribute narcotics via maritime vessels and also to manufacture and distribute cocaine, knowing and intending that the narcotics would be illegally imported into the United States.
The Clan Del Golfo
The CDG is one of the most violent and powerful criminal organizations in Colombia, and it is one of the largest distributors of cocaine in the world. With as many as 6,000 members at times, the CDG exercises military control over vast amounts of territory in the Urabá region of Antioquia, Colombia, one of the most lucrative drug trafficking areas within Colombia due to its proximity to the Colombia-Panama border and the Caribbean and Pacific coasts. Clad in military uniforms, CDG members employ military tactics and weapons to reinforce their power and incite wars and violence against rival drug traffickers, paramilitary organizations, and Colombian law enforcement authorities who threaten the CDG’s control.
The CDG funds its operations primarily through a multi-billion-dollar drug trafficking operation. It imposes a “tax” on any drug traffickers operating in territory under its control, charging fees for every kilogram of cocaine manufactured, stored, or transported through areas controlled by the organization. The CDG also directly exports cocaine and coordinates the production, purchase, and transfer of weekly and bi-weekly multi-ton shipments of cocaine from Colombia into Central America and Mexico for ultimate importation to the United States.
To maintain control over CDG territory, Úsuga David and the CDG employed an army of “sicarios,” or hitmen, who carried out acts of violence, including murders, assaults, kidnappings, torture, and assassinations against competitors and those deemed traitors to the organization, as well as their family members. The CDG murdered and assaulted Colombian law enforcement officers, Colombian military personnel, rival drug traffickers and paramilitaries, potential witnesses, and civilians. Úsuga David and the CDG used violence to promote and enhance the reputation and position of the CDG with respect to rival criminal organizations; preserve, protect, and expand the CDG’s power and territory; finance the CDG’s operations and enrich its leaders through the collection of drug debts; maintain discipline among its members and associates; and protect CDG members from arrest and prosecution by attempting to silence potential witnesses and retaliating against law enforcement authorities and those assisting law enforcement.
Úsuga David served as a high-ranking leader within the CDG from its inception and was its principal leader for approximately 10 years. During his reign, Úsuga David oversaw all of the CDG’s activities and directed its members to engage in extensive criminal acts, including acts of violence, mandated shutdowns of all business activities and civilian movement within designated regions of Colombia, retaliation against law enforcement authorities and potential witnesses, the exertion of control over drug manufacturing facilities and trafficking routes, and the exportation of cocaine in multi-ton quantities.
Úsuga David assumed power and territorial control over vast swaths of the Colombian coastline and personally directed members of the CDG to commit acts of violence to reinforce that power. This included violence against civilians. For example, in early 2012, following the death of Úsuga David’s brother in a police raid, Úsuga David ordered a multi-day shutdown be imposed on towns and communities within the CDG’s control. During the strike, CDG members ordered that all businesses remain closed, and that residents stay in their homes. Úsuga David ordered CDG members to execute those who did not adhere to his orders.
Úsuga David also personally ordered CDG members to commit murders of specific individuals, including the murders of rival drug traffickers and members of the CDG who betrayed him or the organization. For example, Úsuga David ordered the assassinations of multiple individuals who worked for a rival drug trafficking organization.
In addition, Úsuga David regularly directed CDG members to use violence, intimidation, and murder to dissuade law enforcement authorities from performing their duties and to silence potential witnesses. For example, at Úsuga David’s direction, the CDG carried out organized campaigns, referred to as “Plan Pistolas,” to kill Colombian law enforcement and military personnel using military-grade weapons, including grenades, explosives, and assault rifles. Úsuga David offered bounties for the murder of Colombian police officers and military personnel to intimidate law enforcement authorities and prevent them from capturing him or interfering in the CDG’s business. Úsuga David’s organization made numerous attempts to assassinate individuals who were believed to be cooperating with law enforcement.
Úsuga David was also extensively involved in the narcotics activities that funded the CDG and enabled its power. He oversaw the CDG’s drug trafficking exports and directed a network of “debt collectors” tasked with the enforcement and collection of taxes paid by drug trafficking organizations that operated in regions controlled by the CDG. In addition, Úsuga David controlled cocaine manufacturing facilities and used the CDG’s extensive distribution network to export cocaine independently for his own personal profit.
As part of the sentence, the court ordered Úsuga David to pay a $216 million forfeiture money judgment. The forfeiture money judgment is subject to the agreement between the U.S. government and the Government of the Republic of Colombia concerning the sharing of forfeited proceeds and instrumentalities of crime.
The DEA, HSI, FBI, New York City Police Department (NYPD), and New York State Police (NYSP) investigated the case. The United States Attorneys’ Offices for the Middle District of Florida and Eastern District of Texas, the Justice Department’s Office of International Affairs, the Criminal Division’s Narcotic and Dangerous Drug Section (NDDS), Judicial Attachés in Bogotá, Colombia, and attorneys assigned at the Special Operations Division, the U.S. Marshals Service, the Port Authority Police Department, the Colombian Attorney General’s Office, the Colombian National Police, the Colombian Ministry of National Defense, the Colombian Ministry of Justice, and the Colombian Ministry of Foreign Affairs provided valuable assistance in the investigation, arrest, and extradition of the defendant.
Assistant U.S. Attorneys Francisco J. Navarro, Gillian Kassner, and Tara B. McGrath for the Eastern District of New York prosecuted the case. Assistant U.S. Attorney Claire S. Kedeshian for the Eastern District of New York is handling forfeiture matters. Assistant U.S. Attorneys Robert Emery for the Southern District of Florida and Alexander Li for the Southern District of New York led the prosecutions for their respective offices.
The investigation, extradition, and conviction of Úsuga David is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Former Lawyer Pleads Guilty to Wire Fraud in West Palm Beach Federal CourtRead the Press Release
MIAMI – Craig Sherman, an 80-year-old retired lawyer pleaded guilty yesterday to two counts of federal wire fraud charges in West Palm Beach, Florida.
Sherman admitted that from 2013 through 2020, he defrauded friends and clients through an investment scheme. Sherman was an attorney in Boca Raton, Fla., who also worked as the town attorney for the Town of Bay Harbor Islands, Fla. Sherman solicited friends and clients to invest in real estate projects that were planned or in progress in the Town of Bay Harbor Islands. Sherman indicated that the investors would loan money for construction projects and would be paid between 6% to 8% interest annually for the loan. The principal would be returned later, usually when the construction project was completed. Instead of using the investment money to fund the construction projects–like he claimed he would—Sherman used it to pay for his personal expenses and to try to keep his law firm running. He also used investment money from some investors to cover payments due to other investors. The total fraud is close to $7 million.
The sentencing hearing will be scheduled later. Sherman faces up to 20 years in prison as to each count and will be ordered to pay restitution to the victims.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, announced the guilty plea.
FBI Miami, West Palm Beach Resident Agency investigated the case. Assistant U.S. Attorney Laurence M. Bardfeld is prosecuting it.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 23-cr-80083.
###
Former Erie County Deputy Sheriff Sentenced for Using Excessive ForceRead the Press Release
TOLEDO – Adam Bess, 35, was sentenced today to 12 months in prison by U.S. District Judge Jack Zouhary after earlier pleading guilty to a felony for depriving an inmate at the Erie County Jail of her constitutional rights by using excessive force. Six months of this sentence will be served as home detention. Judge Zouhary also ordered Bess to pay a $100 special assessment and be placed on supervised release for one year upon release from imprisonment.
According to court documents, on November 1, 2021, Bess was working as a sergeant at the Erie County Jail. During the booking process of a new arrestee, Bess placed his hand around the inmate’s throat in anger in a “choke hold” and caused the inmate to have difficulty breathing. Bess’ actions were without justification and in violation of both the Erie County Sheriff’s Office use of force policy as well as federal law. After being released from jail, the inmate had visible bruising on her neck, immediately reported the matter to the command staff at Erie County Sheriff’s Office, and went to the hospital for evaluation of her injuries. The Erie County Sheriff’s Office promptly reported the matter to the FBI and placed Bess on administrative leave pending the outcome of an internal investigation. Bess subsequently resigned.
As a result of Bess’ federal felony conviction, he can no longer work in law enforcement.
This case was investigated by the FBI Cleveland Division, Sandusky Resident Agency, and the Erie County Sheriff’s Office. The case is being prosecuted by Assistant United States Attorneys Michael Freeman and Tracey Tangeman.
Florida Woman Sentenced for Her Role in a Conspiracy to Sell Methamphetamine in Southern AlabamaRead the Press Release
MONTGOMERY, ALABAMA – Today, United States Attorney Sandra J. Stewart announced that a federal judge sentenced Lashana Nakiah Foreman, 37, from Crestview, Florida, to 204 months in prison for conspiracy to distribute a controlled substance. During today’s sentencing hearing, the judge also ordered that Foreman serve five years of supervised release after her prison term. Federal prisoners are not eligible for parole.
Foreman’s case was a part of a larger drug conspiracy including seven other co-defendants and spanning multiple Alabama counties, including Covington and Crenshaw. During Foreman’s October 2022 trial, federal prosecutors proved that she and another co-conspirator, Devarlos Quantrel Shanklin, from Luverne, Alabama, made a deal for Foreman to purchase five ounces of the methamphetamine in Opp, Alabama. On November 15, 2022, Shanklin received a sentence of 37 months in prison after pleading guilty to conspiracy to distribute a controlled substance.
The Drug Enforcement Administration, the Alabama Law Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, investigated this case, with assistance from the Coffee County Sheriff’s Office, the Opp Police Department, the 22nd Judicial Drug Task Force, and the Montgomery Police Department. Assistant United States Attorneys Brandon W. Bates and B. Chelsea Phillips prosecuted the case.
Florida Man Sentenced to over Ten Years in Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
Gulfport, Miss. – A Florida man was sentenced to 127 months in prison for possession with intent to distribute methamphetamine, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
Ricky Fernando Duckworth, 41, of Jacksonville, Florida was sentenced in U.S. District Court in Gulfport.
According to court records, on March 19, 2019, investigators through an undercover agent purchased two ounces of 98% pure methamphetamine from Duckworth in Moss Point, Mississippi. On November 16, 2021, Mr. Duckworth was indicted by a federal grand jury. He pled guilty on March 28, 2023, to possession with intent to distribute methamphetamine.
The case was investigated by the Federal Bureau of Investigation and the Mississippi Bureau of Narcotics. The case was prosecuted by Assistant U.S. Attorney Erica Rose.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor- led, intelligence driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Federal Inmate Convicted of Producing Obscene Images of ChildrenRead the Press Release
RICHMOND, Va. – A federal judge convicted a federal inmate yesterday on charges of producing and possessing obscene images of children.
According to court records and evidence presented at trial, Jesse Fernando Perez, 36, is currently serving a 121-month federal sentence for possession of child pornography at the Federal Correctional Complex in Petersburg, Virginia. While incarcerated, he copied images of children from books and magazines, and then drew on the images to create depictions of the children engaged in sexually explicit activity.
Perez faces a mandatory minimum sentence of 15 years and a maximum sentence of 60 years in prison when sentenced on December 11. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Stanley M. Meador, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after U.S. District Judge Roderick C. Young announced his verdict.
The U.S. Bureau of Prisons assisted in this investigation.
Assistant U.S. Attorney Michael C. Moore and Trial Attorney Angelica Carrasco from the Justice Department’s Child Exploitation and Obscenity Section are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:23-cr-19.
Federal Grand Jury A Indictments Announced- August 2023Read the Press Release
TULSA, Okla. – United States Attorney Clint Johnson today announced the results of the August 2023 Federal Grand Jury A.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Andrew Michael Sneed. Aggravated Sexual Abuse of a Minor. Andrew Michael Sneed, 27, is charged with aggravated sexual abuse of a minor after he allegedly traveled from Topeka, Kansas, to Catoosa, to engage in sex with an 11-year-old female. Catoosa Police Department and Homeland Security Investigations are the investigative agencies. Assistant U.S. Attorney Aaron Jolly is prosecuting the case. 23-CR-258
Dennis Ray Thompson. Aggravated Sexual Abuse by Force in Indian Country; Aggravated Sexual Abuse by Threat in Indian Country; Failure to Register as a Sex Offender; and Commission of a Crime of Violence While Failing to Register as a Sex Offender. Dennis Ray Thompson, 64, a Choctaw Nation citizen, is charged with aggravated sexual abuse by force in Indian Country; aggravated sexual abuse by threat in Indian Country; failure to register as a sex offender; and commission of a crime of violence while failing to register as a sex offender after officers with the Tulsa Police Department caught him naked on top of the victim under a bridge in downtown Tulsa. Tulsa Police Department and FBI are the investigative agencies. Assistant U.S. Attorney Steven Briden is prosecuting the case. 23-CR-236
Dakota Dale Deckard. First Degree Burglary in Indian Country; Aggravated Identity Theft; Second Degree Burglary in Indian Country; Receipt of Stolen Property in Indian Country. Dakota Dale Deckard, 24, an Absentee-Shawnee citizen, is charged with first degree burglary in Indian Country; aggravated identity theft; four counts of second-degree burglary in Indian Country; and receipt of stolen property in Indian Country. Deckard allegedly broke into multiple locations, including a church, and stole property; was found in possession of a vehicle he knew to be stolen; and knowingly used identification and a debit card of another without their permission. The Sapulpa Police Department and FBI are the investigating agencies. Assistant U.S. Attorneys Thomas Buscemi and Michael Harder are prosecuting the case. 23-CR-254
Terrall Lamar Johnson. Possession of Cocaine with Intent to Distribute. Terrall Lamar Johnson, 32, is charged with possession of cocaine with intent to distribute after allegedly being found in possession of 5 kilograms of cocaine. The Oklahoma Highway Patrol and Drug Enforcement Administration are the investigating agencies. Assistant U.S. Attorney Adam Bailey is prosecuting the case. 23-CR-257
Juventino Hernandez-Flores. Unlawful Reentry of a Removed Alien. Juventino Hernandez-Flores, 32, a Mexican national, is charged with unlawfully reentering the United States after being arrested by the Tulsa Police Department on July 10, 2023, for Assault with a Deadly Weapon-Domestic, and Domestic A&B in the Presence of a Minor. He had been previously removed to Mexico on July 25, 2016, at San Ysidro, California, and was removed again to Mexico on August 02, 2022, at Laredo Columbia Bridge, Texas. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney Cheryl Baber is prosecuting the case. 23-CR-255
Miguel Betancourt-Baltazar. Unlawful Reentry of a Removed Alien. Miguel Betancourt-Baltazar, 53, a Mexican national, is charged with unlawfully reentering the United States after being arrested by the Tulsa Police Department on unrelated charges. He had been previously removed on or about May 4, 2018, at or near Nogales, Arizona U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney Cheryl Baber is prosecuting the case. 23-CR-253
Elmira Methamphetamine Dealer Pleads GuiltyRead the Press Release
ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Robert J. Fairbanks, Jr., 58, of Lowman, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession with intent to distribute methamphetamine, which carries a maximum sentence of life in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Robert A. Marangola, who is handling the case, stated that Fairbanks was arrested on September 16, 2022, after the New York State Police Violent Gang and Narcotics Enforcement Team and the Elmira Police Department Drug Enforcement Unit executed a search warrant at his County Road 60 residence in Lowman. During the search, investigators recovered approximately 1,449 grams of methamphetamine, drug paraphernalia, $3,961.00 in U.S. currency, a 12-gauge shotgun, and 29 rounds of 12-gauge ammunition.
The conviction was the culmination of an investigation by the New York State Police, under the direction of Major Brian Ratajczak, the Elmira Police Department, under the direction of Chief Kristen Thorne, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division.
Sentencing is scheduled for November 7, 2023, at 9:15 a.m. before Judge Siragusa.
# # # #
Columbia Man Sentenced to over 8 Years in Federal Prison for Distributing Heroin and FentanylRead the Press Release
COLUMBIA, SOUTH CAROLINA — Jeffrey Tavoun Allen, 34, of Columbia, was sentenced to more than 8 years in federal prison after pleading guilty to possession with intent to distribute and distribution of heroin and fentanyl.
Evidence presented to the court showed that in September 2020, investigators with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Richland County Sheriff’s Department (RCSD) made controlled buys of fentanyl-laced heroin from Allen. When Allen was arrested in December 2020, Allen was in possession of cocaine base, fentanyl, and methamphetamine. Allen also had plastic baggies used in packaging drugs and a digital scale.
In 2007, Allen was convicted in South Carolina state court for possession with intent to distribute cocaine base. In 2018, Allen was again convicted in state court for multiple counts of distributing heroin.
United States District Judge Sherri A. Lydon sentenced Allen to 100 months in prison, to be followed by a three-year term of court-ordered supervision. There is no parole in the federal system.
This case was 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.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Richland County Sheriff’s Department. Assistant U.S. Attorney Christopher D. Taylor is prosecuting the case.
###
City of Charlottesville, Albemarle County, University of Virginia Become Project Safe Neighborhoods CommunitiesRead the Press Release
CHARLOTTESVILLE, Va. –The Department of Justice’s Executive Committee for Project Safe Neighborhoods has unanimously approved the addition of the greater Charlottesville-Albemarle County-University of Virginia region into the program.
Project Safe Neighborhoods (PSN) is a nationwide initiative that brings together federal, state, local, and tribal law enforcement officials, prosecutors, community-based partners, and other stakeholders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them.
“Confronting gun violence in the vibrant communities of Charlottesville, Albemarle County, and the University of Virginia demands a collaborative approach that harnesses the strength of all federal, state, and local stakeholders,” United States Attorney Christopher R. Kavanaugh said today. “By forging a united front, we can strike at the root of this pressing issue, ensuring safer streets and fostering a resilient community where every individual can thrive, free from the shadows of violence.”
“Addressing the complex issue of gun violence requires us to not just react to crime, but to also pro-actively partner with our community and our law enforcement partners. I thank United States Attorney Chris Kavanaugh for his steadfast support in addressing gun violence in our community. The safety of our residents requires a robust, thoughtful, and strategic, multi-faced approach. We will continue to work tirelessly to ensure the safety of all those who live, work, and visit the City of Charlottesville,” Charlottesville Police Chief Mike Kochis said today.
“The Albemarle County Police Department is committed to working with Project Safe Neighborhood partners to identify the most pressing issues impacting our community and develop comprehensive solutions to make this region a safer place for everyone,” said the Albemarle County Police Department Chief of Police Colonel Sean Reeves. “Leveraging the resources and expertise of federal, state, local, and tribal partners, will provide our entire community the best opportunity to respond to and prevent violent crime in our area.”
“We are incredibly proud to be part of a partnership that not only seeks to reduce violence in our community but fully embraces the important of community engagement, thoughtful collaboration with stakeholders, and the irrefutable importance of preserving a safe and health community,” said Tim Longo, Associate Vice President for Safety and Security, and University Chief of Police.
PSN follows four key design elements of successful violent crime reduction initiatives: community engagement, prevention, and intervention, focused and strategic enforcement, and accountability.
In addition, PSN communities are eligible to apply for DOJ grant funds.
For more information about PSN, please visit: https://bja.ojp.gov/program/project-safe-neighborhoods-psn/overview.
Caldwell Man Sentenced to over 11 Years in Federal Prison for Possession of Child PornographyRead the Press Release
BOISE – Richard Alan Stansell, 53, of Caldwell, was sentenced to 135 months in federal prison for possession child pornography, U.S. Attorney Josh Hurwit announced today.
According to court records, in October 2021, the Idaho Internet Crimes Against Children (ICAC) Task Force began investigating CyberTip reports from Google, Instagram, and Facebook. According to the reports, several online accounts had been used to upload child pornography. ICAC’s investigation revealed that the accounts belonged to Stansell. ICAC also learned that the Idaho State Police had an active investigation involving Stansell. As part of that investigation, Stansell had communicated online with two undercover detectives posing as 13-year-old females. During the online communications, Stansell engaged in sexually explicit conversation with the purported children and sent them pictures of his penis and other pornographic images.
ICAC obtained a federal search warrant to seize and search Stansell’s electronic devices. In May 2022, ICAC, and other members of law enforcement, executed the search warrant and seized Stansell’s cellphone. A forensic examination of the cellphone revealed numerous images and videos of child pornography and evidence that Stansell had traded files of child pornography with other individuals online. Investigators also located evidence that Stansell had been communicating with juveniles. During an interview, Stansell admitted to receiving, viewing, and distributing images of child pornography. Stansell also admitted to chatting online with underage girls and to receiving explicit images from them.
“The defendant’s illegal and harmful conduct in this case is deserving of the significant sentence imposed,” said U.S. Attorney Hurwit. “Other offenders tempted to produce, obtain, or share child pornography should know that they cannot hide. Our office and our law enforcement partners, including the ICAC Task Force, are laser-focused on prosecuting to the fullest extent anyone who would victimize children, and our collaborative efforts in these critical investigations are second to none.”
“I am proud of the work done by our office in cooperation with the U.S. Attorney, Idaho State Police, and the Caldwell Police Department. The ICAC unit has been instrumental in protecting children by putting offenders away. Furthermore, I want to thank the law enforcement professionals in the state and U.S. Attorney Josh Hurwit for the diligent work that resulted in the conviction of Mr. Stansell,” Idaho Attorney General Labrador said.
U.S. District Judge Amanda Brailsford also sentenced Stansell to 16 years of supervised release, which will start upon completion of his prison sentence, and entered an order forfeiting the cellphone that was used to commit the offense. Stansell was ordered to pay $3,000 in restitution to the victims in the images that he possessed. Stansell will also be required to register as a sex offender as a result of the conviction and pay a $5,100 special assessment to the Court.
U.S. Attorney Hurwit commended the cooperative efforts of the ICAC Task Force, the Idaho Attorney General’s Office, the Idaho State Police, and the Caldwell Police Department, which led to the charges.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
###
Bronx Man Receives 70 Months for Heroin and Fentanyl ConvictionsRead the Press Release
ALBANY, NEW YORK – Gilberto Velasquez, age 38, of the Bronx, New York, was sentenced today to 70 months in prison for conspiring to traffic heroin and fentanyl from New York City to the Capital Region, and for distributing heroin.
United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the New York Field Division of the U.S. Drug Enforcement Administration (DEA), made the announcement.
In pleading guilty, Velasquez admitted to organizing a conspiracy that trafficked approximately 89 grams of heroin and 10 grams of fentanyl from New York City to the Capital Region, while he was on parole from a state prison term. Velasquez, operating out of New York City, sold quantities of heroin bags and fentanyl-laced pills to customers in the Capital Region using “runners” to transport the controlled substances via commercial bus lines.
United States District Judge Glenn T. Suddaby also ordered Velasquez to serve a 3-year term of supervised release after he is released from prison.
The DEA and the Colonie Police Department investigated this case, and Assistant U.S. Attorney Emmet O’Hanlon prosecuted it.
Boston Man Sentenced for Armed Robbery of Postal WorkerRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for the armed robbery of a United States Postal Service (USPS) letter carrier in Massachusetts.
Anthony Diaz, 20, was sentenced by U.S. District Court Judge Angel Kelley to four years in prison and three years of supervised release. In April 2023, Diaz pleaded guilty to forcibly assaulting, resisting, opposing, impeding, intimidating and interfering with a United States Postal employee, while they were engaged in the performance of their official duties, and did so by use of a deadly weapon, a firearm; and assaulting a person having lawful charge, custody and control of United States mail, money and other property of the United States, with the intent to rob, steal and purloin that mail, money and other property of the United States, and in doing so put the life of that victim in jeopardy by the use of a firearm.
USPS has seen a rise in the use of Arrow Keys to facilitate the theft of U.S. Mail. An Arrow Key is a specific key designed to open designated blue USPS collection boxes in a specific area. These Arrow Keys are the property of USPS, and it is a federal offense for an unauthorized person to possess one. Since July 2022, there have been at least 12 assaults on USPS letter carriers while in the performance of their official duties in Boston and surrounding cities and towns.
In January 2023, in Peabody, Mass., Diaz approached a USPS letter carrier and stated, “Give me the keys,” while pointing a semi-automatic pistol at the victim. After the victim handed Diaz the USPS vehicle key, Diaz responded, “Give me the rest of the key,” and “Hurry up or I’ll shoot you.” The victim removed his keychain, which was attached to his belt, containing his USPS Arrow Key and asked if he could have his vehicle key back. Diaz did not respond, placed the firearm in his right jacket pocket and departed in a nearby vehicle.
Acting United States Attorney Joshua S. Levy and Ketty Larco Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division made the announcement today. Valuable assistance was provided by the U.S. Postal Service, Office of the Inspector General. Assistant U.S. Attorney Luke A. Goldworm of the Major Crimes Unit prosecuted the case.
Beloit Man Sentenced to 11 Years for Possessing Cocaine for DistributionRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Depronce Burnett, 39, Beloit, Wisconsin, was sentenced today by U.S. District Judge William M. Conley to 11 years in federal prison for possessing with intent to distribute 500 grams or more of cocaine. This prison term will be followed by a 4-year term of supervised release. Burnett pleaded guilty to this charge on May 11, 2023.
In the fall of 2021, Burnett distributed cocaine and methamphetamine in Rock County, Wisconsin, primarily out of his home in Beloit. Even after his arrest by the Beloit Police Department on September 30, 2021, Burnett directed the further sale of cocaine and methamphetamine from the jail by calling his wife, Dominique Holsten. The sales continued until police executed search warrants at their Beloit home on October 27, 2021. During the search, officers found hidden stashes of illegal narcotics, including more than 900 grams of cocaine and over 500 grams of methamphetamine, in addition to $87,000 in U.S. currency.
Burnett had an extensive history of trafficking in narcotics, for which he had served short sentences in state prison. In sentencing Burnett, Judge Conley noted that Burnett had no real employment history in nearly 20 years except for selling drugs. Conley said that although Burnett had numerous opportunities to go in a different direction, Burnett escalated his dealing to a level that did damage to the entire community. Conley said that a significant sentence was necessary because Burnett was a risk to the public, as none of his prior sentences had an impact on his choice to deal narcotics.
Burnett’s wife, Dominique Holsten, is scheduled to be sentenced by Judge Conley on August 15 for her role in facilitating the distribution of drugs after Burnett’s arrest.
The charge against Burnett was the result of an investigation conducted by the Wisconsin Department of Justice Division of Criminal Investigation, the Beloit and Janesville Police Departments, and the Drug Enforcement Administration. The prosecution of this case has been handled by Assistant U.S. Attorney Robert A. Anderson.
Barbados Resident Who Allegedly Posed as Ivy Leaguer with Wall Street Experience Charged with Running $3.1 Million Stock ScamRead the Press Release
SANTA ANA, California – A convicted felon who allegedly posed as an experienced Wall Street stock trader has been charged with running a securities scam that caused victim investors to lose approximately $3.1 million, the Justice Department announced today.
Christopher Anthony Slaga, 50, a.k.a. “Keith Renko,” was charged with eight counts of wire fraud in an indictment filed on August 2. Slaga is currently a fugitive being sought by authorities.
According to the indictment, from at least March 2018 through this year, Slaga operated several companies, including JMC 4 Group LLC and Q4 Capital Group LLC, that purportedly trading businesses that implemented “different strategies for long-term and short-term gains” through “a bifurcated trading approach.” In addition to being the president and CEO of these companies, Slaga – using his “Keith Renko” alias – purportedly ran JMC 4 and Q4 Capital’s East Coast operations and trading desk before establishing a West Coast office and a trading desk in Newport Beach.
Using private placement memoranda (PPM) – securities disclosure forms issued by companies engaging in private securities offerings – as well as websites, emails and telephone calls, Slaga allegedly solicited individual investors to make capital commitments of at least $25,000 to his companies, falsely telling them that he was running a hedge fund for lay people.
Slaga promised victims he would use their money to invest in a broad range of securities by using a proprietary computer-based quantitative and statistical algorithm through brokerage accounts at JPMorgan and Goldman Sachs, the indictment alleges. His purported investment objective was to “maximize total return on capital by seeking capital appreciation,” according to the indictment.
In each of the PPMs, Slaga allegedly falsely claimed he personally made capital investments of at least $2 million into his companies, and that he was a “seasoned trader,” who previously worked at Merrill Lynch and who was a Dartmouth College graduate.
Slaga allegedly failed to disclose as required to investors that in 2003 he was convicted of wire fraud in the Southern District of Texas, was sentenced to four years in federal prison, and was ordered to pay $19,665,300 in restitution.
Slaga allegedly never invested the victim investors’ money in JMC 4 and Q4 Capital. Instead, he used it to repay other investors, pay commissions, and for his own personal expenses, such as rent, loan and credit card payments, personal stock trading, and private school payments, according to the indictment. He allegedly also produced bogus documentation purportedly from Deloitte, JPMorgan and Goldman Sachs to show investors false holdings and fabricated returns.
In total, Slaga caused 13 investors to lose approximately $3.1 million, according to the indictment.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
If convicted of all charges, Slaga would face a statutory maximum sentence of 20 years in federal prison for each wire fraud count.
The United States Securities and Exchange Commission on Monday filed a lawsuit against Slaga in connection with the alleged scheme to defraud investors.
The FBI is investigating this matter.
Assistant United States Attorney Jennifer L. Waier of the Santa Ana Branch Office is prosecuting this case.
Atlantic County Man Charged with Possessing Destructive DevicesRead the Press Release
CAMDEN, N.J. – An Atlantic County, New Jersey, man was charged today with possessing destructive devices, U.S. Attorney Philip R. Sellinger announced.
Robert J. Moser, 31, of Mays Landing, New Jersey, was charged by complaint with one count of possessing destructive devices. He is scheduled to appear today before U.S. Magistrate Judge Matthew J. Skahill in Camden federal court.
According to documents filed in this case and statements made in court:
On March 17, 2023, law enforcement officers responded to Moser’s residence after receiving a 911 call that Moser was unconscious after a possible drug overdose. One of the officers who responded to assist Moser in his bedroom observed in plain view numerous suspicious devices covered in tape with exposed fuses. Officers secured the scene and recovered at least two destructive devices. One of the destructive devices contained explosive powder, metal ball bearings, and metal eye hooks, and a second destructive device contained explosive powder and metal dart tips.
The possession of a destructive device charge carries a maximum penalty of 10 years in prison and a fine of up to $250,000.
U.S. Attorney Sellinger credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Field Division, under the direction of Special Agent in Charge Bryan Miller; officers of the Township of Hamilton Police Department, under the direction of Chief Gregory K. Ciambrone; members of the Atlantic City Police Department Bomb Squad, under the direction of Chief James A. Sarkos; and personnel from the Atlantic City Prosecutor’s Office, under the direction of Prosecutor William Reynolds, with the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorney Jeffrey Bender of the U.S. Attorney’s Office in Camden.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
moser.complaint.pdfAnchorage Man Charged with Child Exploitation OffensesRead the Press Release
ANCHORAGE, Alaska – A man was arrested early Saturday morning in Anchorage on criminal charges related to his alleged involvement with attempted enticement of a minor, attempted production of child pornography and possession of child pornography depicting a minor under 12 years of age.
According to court documents, Benjamin Roundy, aka “Aleks” or “Alekzander Marko”, 41, of Anchorage, attempted to produce child pornography and coerce a minor to engage in sexually explicit actions through communications on a messaging app and text messages. He is also charged with allegedly possessing child pornography on his cell phone.
Roundy is charged with attempted coercion and enticement of a minor in violation of 18 U.S.C. §2422(b), attempted production of child pornography in violation of 18 U.S.C. §2251(a), and possession of child pornography depicting minors who have not attained 12 years of age in violation with 18 U.S.C. §2252A(a)(5)(b) and (7)(b)(2). If convicted, Roundy faces a mandatory minimum penalty of 15 years in prison and a maximum life term in prison following conviction on all counts. 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 for the District of Alaska; and Special Agent in Charge Antony Jung of the FBI Anchorage Field Office made the announcement.
The FBI’s Child Exploitation and Human Trafficking Task Force is actively investigating the case. If anyone has any information concerning Roundy’s alleged actions or may have encountered someone using the name “Aleks” in person, via text message or on an online messaging app, please contact the FBI Anchorage Field Office at (907) 276-4441 or anonymously online at tips.fbi.gov.
Assistant U.S. Attorney Adam Alexander is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices, Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A criminal complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
###
Albuquerque Man Sentenced to 4 Years in Prison for 2022 Robbery of a Mail CarrierRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Glen Hendersen, Acting Inspector in Charge of the Phoenix Division of U.S. Postal Inspection Service, announced that Daniel Trujeque was sentenced to 4 years in prison. Trujeque, 30, of Albuquerque, pled guilty on March 21, 2023, to Letter Carrier Armed Robbery.
According to court documents, on January 11, 2022, a Letter Carrier delivering mail and parcels to a Neighborhood Box Unit noticed a car drive by before turning around and parking along the curb near the Neighborhood Box Unit. A young man exited the back passenger side of the vehicle. and watched the Letter Carrier finish delivering the mail, then pulled out a handgun and demanded she hand over the mail keys. The Letter Carrier complied, and the young man returned to the vehicle before it dove away from the area.
The Letter Carrier was able to give the Postal Inspectors a description of the young man, the vehicle, and a partial license plate for the vehicle. The Albuquerque Police Department assisted in the investigation and determined the vehicle had been reported stolen that day and had been involved in similar activities throughout the day. Postal Inspectors were able to obtain footage of the incident involving the Letter Carrier, as well as surveillance footage from an attempted burglary and footage of the young man and two accomplices attempting a fraudulent transaction using debit and credit cards at Walmart on the same day.
The Postal Inspection Service released a Reward Poster and received multiple tips identifying the young man as Daniel Trujeque. On April 5, 2022, Postal Inspectors interviewed Trujeque and he admitted to robbing the mail carrier.
Upon his release from prison, Trujeque will be subject to 5 years of supervised release.
The U.S. Postal Inspection Service investigated this case with assistance from the Albuquerque Police Department and the Bernalillo County Sheriff’s Office. Assistant United States Attorney Niki Tapia-Brito is prosecuting the case.
# # #
23-174
Monday 7 August 2023
Virginia woman sentenced for federal firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Hope Julia Clemons, age 33, of Norfolk, Virginia, was sentenced today to 63 months in prison for making a false statement during the purchase of firearms.
According to court documents and statements made in court, Clemons illegally purchased firearms in the Eastern Panhandle to be trafficked in the Washington, D.C. area. On at least two occasions, Clemons purchased firearms at gun dealers in Berkeley County, falsely stating on the required forms that the weapons were for her personal use. Clemons then gave the firearms to co-defendant Tyrone Greenfield to sell in the greater Washington, D.C. area. Clemons used a West Virginia state identification, secured by Greenfield, to make the purchases. Greenfield was sentenced earlier this year to 110 months in federal prison.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government.
The case was investigated by the FBI; U.S. Marshals Service; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the West Virginia Air National Guard; the Eastern Panhandle Drug Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Harpers Ferry Police Department, and the Metropolitan Police Department of Washington, D.C. The EPDTF consists of the West Virginia State Police, Berkeley County Sheriff’s Office, the Jefferson County Sheriff’s Office, Ranson Police Department, the Charles Town Police Department, and the Martinsburg Police Department.
U.S. District Judge Gina M. Groh presided.
Read more about the initial indictment: https://www.justice.gov/usao-ndwv/pr/west-virginia-maryland-and-washington-dc-residents-indicted-firearms-and-drug
Utah Resident Pleads Guilty to Animal Crushing and Posting the Torture on YouTubeRead the Press Release
Salt Lake City, Utah – A Davis County man pleaded guilty today to animal torture via animal crushing and posting multiple videos of the animal crushing on YouTube while in the District of Utah.
According to court documents, in October 2021, Samuel J. Webster, 20, of Farmington, Utah purposefully engaged in animal crushing by purchasing a male guinea pig from a pet supply store in Farmington, Utah. Webster purposefully subjected the guinea pig to serious bodily injury by hitting, sexually coercing, and penetrating the guinea pig and then posting it on YouTube, titling the video “Porn.” Webster further admitted, the guinea pig was obtained in interstate commerce for the purpose of creating and distributing YouTube videos around the world that he made of himself torturing and killing the guinea pig.
Webster pleaded guilty to distribution of animal crush video and animal crushing. He is scheduled to be sentenced on December 11, 2023, at 8:30 a.m. in courtroom 8.3 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 FBI Salt Lake Field Office is investigating the case.
Assistant United States Attorney Melina Shiraldi of the District of Utah is prosecuting the case.
If you are aware of animal cruelty, please report it to law enforcement or call 1-800-CALL-FBI or leave a tip at tips.fbi.gov.
U.S. Attorney Takes Oath of Office at Investiture CeremonyRead the Press Release
WICHITA, KAN. – The U.S. Attorney’s Office -District of Kansas held an investiture ceremony at the Wichita U.S. Courthouse for U.S. Attorney Kate E. Brubacher. Chief Judge Eric F. Melgren administered the oath.
U.S. Attorney Brubacher was officially sworn in to serve as the presidentially-appointed and U.S. Senate-confirmed U.S. Attorney on March 10, 2023, by United States District Judge Julie Robinson. An investiture is a more formal, ceremonial event to mark Brubacher’s appointment. Judges, former U.S. Attorneys, law enforcement, and community members attended on August 4, 2023, at the federal courthouse for the occasion. Brubacher is the first woman to hold the position. Seven former U.S. Attorneys gathered to celebrate the District and mark the historic event with a photo.
“Along with expressing my gratitude for the honor of this role,” Brubacher said, “I want to assure the People of the District and this Court that fairness, equality, and impartiality are the guiding principles of the USAO in Kansas.”
Brubacher also thanked partners and the community for joining the USAO as they “protect the public in their safety and rights, and uphold the rule of law.”
United States District Chief Judge, the Honorable Eric. F. Melgren presided over the event. The ceremony also included remarks by Jon Gering, Raylene Hinz Penner and Jill Docking, who are personal and professional mentors to Brubacher. Dale Schrag gave the invocation and Brubacher’s children participated in the event as well.
###
U.S. Attorney Announces Civil Complaint Against Shelby County Property Owner for Environmental Cleanup CostsRead the Press Release
Memphis, TN – The United States today announced the filing of a civil complaint in the United States District Court for the Western District of Tennessee against Shelby County property owner Minor David Madison, Jr. Madison owns land tracts at 3517 and 3523 Southern Avenue, Memphis, Tennessee — properties that housed successive dry-cleaning businesses over the years, including the former Custom Cleaners.
According to the complaint, Madison leased the property to several dry-cleaning operators beginning in 1966. Those operators are alleged to have disposed of solvents, such as perchloroethylene and trichloroethene, at the site while Madison owned the property.
In June 2013, the Tennessee Department of Environment and Conservation (TDEC) received complaints about chemical vapor smells and abandoned barrels of chemicals at the property. TDEC sampling detected high concentrations of hazardous substance vapors in the subsurface, migrating soil gasses that would pose a threat to neighboring properties, and a plume of contaminated groundwater threatening the aquifer that supplies drinking water to Memphis and other local municipalities.
United States Attorney Kevin Ritz said: “Clean air and safe drinking water are basic building blocks for a healthy and just Memphis. More than 20 years after the last dry cleaners on this property shuttered, residents are still living with toxic gasses in the soil and water above the level considered safe by federal standards. This is the first step in making sure those same residents don’t have to foot the bill for bringing their community back to a healthy standard.”
The lawsuit seeks recovery of all costs incurred by the Environmental Protection Agency under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”), 42 U.S.C. § 9607. CERCLA, commonly known as Superfund, provides the United States with a way to recover the costs of responding to a release or threatened release of hazardous substances by imposing liability on property owners. In 2017, the EPA added Madison’s properties to the Superfund’s National Priorities List, a list of the most serious sites requiring response actions. For more about the Former Custom Cleaners Superfund site, see https://cumulis.epa.gov/supercpad/cursites/csitinfo.cfm?id=0402275.
EPA has been performing response actions since 2016 and will continue to conduct response actions in the future to abate hazards posed by the site.
This case is being handled for the government by Assistant United States Attorney Audrey Calkins and attorneys with the Department’s Environment and Natural Resources Division.
The charges and allegations contained in the complaint are merely accusations of unlawful conduct; the allegations must be proven in federal court.
###
Two Teens Sentenced to Federal Prison for Attempting to Smuggle AK-47-Style Rifles into MexicoRead the Press Release
TUCSON, Ariz. – Manuel De Jesus Guzman, 19, of Rio Rico, Arizona, and Joshua Francisco Mendez, 19, of Tucson, Arizona, were sentenced on June 21, 2023, and July 26, 2023, respectively, by United States District Judge James A. Soto. Guzman was sentenced to 18 months in prison and Mendez was sentenced to 12 months and one day in prison; both sentences will be followed by three years of supervised release. Guzman and Mendez pleaded guilty to Smuggling Goods from the United States.
Guzman and Mendez attempted to exit the United States and enter Mexico on June 7, 2022, through the pedestrian gate at the DeConcini Port of Entry in Nogales, Arizona. During a search at secondary inspection, Customs and Border Protection officers located four AK-47-style rifles taped to their bodies. Guzman and Mendez had two Romarms WASR-10 rifles, one Century Arms VSKA rifle, and one Century Arms BFT rifle.
The firearms that Guzman and Mendez intended to take across the border are prohibited from being exported from the United States into Mexico without a valid license. Neither Guzman nor Mendez had a valid license or any other lawful authority to export the firearms into Mexico.
Homeland Security Investigations, Department of Homeland Security conducted the investigation in this case. Assistant U.S. Attorneys Brandon Bolling and Micah Schmit, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-22-01487-JAS-MSA
RELEASE NUMBER: 2023-122_Mendez et al.# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Trice Pleads Not Guilty During Arraignment in Wynter Cole-Smith CaseRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Rashad Maleek Trice, 26, was arraigned for kidnapping two-year-old Wynter Cole-Smith, resulting in her death and kidnapping a minor. Trice was charged by criminal complaint on July 7, 2023, to secure his immediate detention, and indicted on July 26 to satisfy his constitutional right to federal indictment by a grand jury. During today’s arraignment before Magistrate Judge Ray Kent, Trice was formally read the charges against him and pleaded not guilty.
“Today’s hearing marks yet another step ahead in the judicial process, and my office is fully prepared to make our case against Mr. Trice at a fair trial,” said U.S. Attorney Mark Totten. “My thoughts continue to be with the family as we seek a measure of justice following the heartbreaking loss of Wynter Cole-Smith.”
Trice is charged with two counts. The first count is kidnapping resulting in death, in violation of 18 U.S.C. § 1201(a)(1). If convicted, the statutory mandatory minimum sentence is life in prison. This offense is also death penalty eligible. The second count is kidnapping of a minor, in violation of 18 U.S.C. §§ 1201(a)(1) and (g)(1). If convicted, the statutory mandatory minimum sentence is 20 years in prison with a maximum possible sentence of life in prison.
"The sadness for those of us working the case is outmatched by our resolve and focus on the continued, careful work supporting the prosecution. Over 30 law enforcement agencies banded together on this case, culminating in tremendous heroism by those Eastpointe and St. Clair Shores Police Officers apprehending the accused and by those FBI Agents who recovered Wynter,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. “Thank you to all the federal, state, and local law enforcement agencies, and the women and men of the FBI for your relentless, courageous work. Thank you to the community for your help and support of law enforcement in this case," said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan.”
The charges in an arraignment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
###
Three Romanians Sentenced in St. Louis for Nationwide FraudRead the Press Release
ST. LOUIS – Three Romanian citizens have been sentenced in St. Louis for running a “short-change fraud” in stores across the country.
U.S. District Judge Sarah E. Pitlyk on Monday sentenced Daniel Rostas, 30, to 15 months in prison and Loredana Angel, 35, to 10 months in prison. On May 31, Judge Pitlyk sentenced Legenda Rostas, 28, to two years in prison and ordered her to repay $224,666. Restitution amounts for Angel and Daniel Rostas have not yet been determined.
All three pleaded guilty earlier this year to felony charges of conspiracy to commit wire fraud and illegal reentry of an alien. All admitted engaging in sleight of hand to defraud Target stores for years while buying Visa gift cards. When purchasing the cards, they would display the full purchase price in cash, then fold over a portion and keep it while handing the rest of the money to store employees. They targeted younger or less experienced employees and wired the money they made to relatives in Romania.
Legenda Rostas was involved in $224,666 in fraud since 2017, her plea agreement says, with Angel admitting about $83,865 in fraud. Records show Daniel Rostas wired about $62,534 to Romania and elsewhere.
“Fraud is often mistaken for a victimless crime,” said acting Special Agent in Charge of the HSI Kansas City Area of Operations Taekuk Cho. “But when individuals commit these types of crimes, whether it be through heightened prices to recoup lost funds, employee layoffs, or a multitude of other possible losses to the economy, these criminals are most certainly victimizing consumers and businesses.”
Loredana Angel and Legenda Rostas told authorities that they are sisters and that the Rostas are married.
All three also admitted entering the country illegally after being removed from the United States before. Daniel Rostas has been removed twice.
The case was investigated by the Arnold Police Department and Homeland Security Investigations.
Three Men Charged with Conspiring to Distribute Nine Kilograms of CocaineRead the Press Release
BOSTON – Three men have been charged for their alleged roles in a cocaine distribution conspiracy.
Leonardo Lara, 43, and Leandro Martinez, 41, both of Lawrence; and Merced Navarro-Morfin, 42, of Lunenberg, were indicted on one count each of conspiracy to distribute and to possess with intent to distribute controlled substances.
With respect to Lara and Navarro-Morfin, the conspiracy is alleged to have involved five kilograms or more of cocaine. Martinez and Navarro-Morfin were also indicted on one count of possession with intent to distribute cocaine. Following initial appearances on Aug. 4, 2023, in federal court in Boston, Lara was detained pending a further hearing scheduled for Aug. 7, 2023. Martinez was released by the court on conditions. Navarro-Morfin will have an initial appearance in federal court in Boston on Aug. 9, 2023.
It is alleged that in April 2022, approximately $40,000 in suspected drug proceeds were seized from Lara’s vehicle following a traffic stop in Sturbridge. Shortly after Lara was released, Martinez and Navarro-Morfin allegedly travelled to a Methuen residence used by Lara, and removed eight kilograms of cocaine. Martinez and Navarro-Morfin also allegedly possessed approximately $196,000 in suspected drug proceeds and one additional kilogram of cocaine.
According to court records, Lara has two prior federal convictions. In 2017, Lara was convicted of money laundering and theft of public funds for which he was sentenced to 15 months in prison. In 2004, Lara was convicted in federal court of one count of bank robbery for which he was sentenced to two years’ probation. Navarro-Morfin was also convicted in federal court in Boston in 2015 of conspiracy to possess with intent to distribute and distribution of marijuana and cocaine, for which he was sentenced to 97 months in prison.
The charge of conspiracy to distribute controlled substances, involving five kilograms or more of cocaine, provides for a mandatory minimum sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. The charges of conspiracy to distribute controlled substances and possession with intent to distribute cocaine provide for a maximum of 20 years incarceration, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Valuable assistance was provided by the Massachusetts State Police. Assistant U.S. Attorney Samuel R. Feldman of the Narcotics & Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Sumner Woman Pleads Guilty to Bankruptcy ConcealmentRead the Press Release
A woman who hid an inheritance check from her creditors in bankruptcy court pled guilty today in federal court in Cedar Rapids. Debra S. Leisinger, age 58, from Sumner, Iowa, was convicted of one count of bankruptcy concealment.
In a plea agreement, Leisinger admitted that, on December 8, 2022, she filed for Chapter 7 bankruptcy in the United States District Court for the Northern District of Iowa, by means of sworn court filings. When a debtor files a petition seeking protection from creditors under the bankruptcy laws, a “bankruptcy estate” is created, which is comprised of all property belonging to the debtor, wherever located, and by whomever held, as of the time of the filing of the bankruptcy case, and debtors must truthfully disclose their assets to the court in their court filings. Leisinger admitted she fraudulently concealed in her filings that she was in possession of a $147,969.28 inheritance check on the date she filed for Chapter 7 bankruptcy. An attorney had handed Leisinger the check on December 1, 2022, but Leisinger did not immediately cash it. On December 16, 2022, Leisinger cashed the check into an account she controlled at a local credit union.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Leisinger remains free on bond previously set. Leisinger faces a possible maximum sentence of 5 years’ imprisonment, a $250,000 fine, and 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Timothy L. Vavricek and was investigated by the Federal Bureau of Investigation. The Office of the U.S. Trustee assisted the investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-CR-2028.
Follow us on Twitter @USAO_NDIA.
St. Charles Parish Man Charged with Firearm and Narcotics ViolationsRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced the August 4, 2023 indictment charging BRANDON D. HILL, age 30, of Boutte, Louisiana, with violations of the Federal Gun Control and Federal Controlled Substances Acts.
The grand jury returned an indictment charging HILL with three counts. As to Count 1, possession of a firearm as a felon, HILL faces a maximum 15 years in prison, up to a $250,000 fine, and up to three years of supervised release. As to Count 2, possession with the intent to distribute fentanyl, cocaine hydrochloride, and cocaine base, HILL may receive up to 20 years in prison, up to a $1,000,000 fine, and up to three years of supervised release. As to Count 3, possession of a firearm in furtherance of a drug trafficking crime, HILL must be sentenced to at least 5 years in prison consecutive to any other sentence, up to a $250,000 fine, and up to five years of supervised release. Each count also requires a mandatory special assessment fee of $100.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
U.S. Attorney Evans reiterated that an indictment is merely an accusation and that the guilt of the defendants must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) New Orleans Field Division, the St. Charles Parish Sheriff’s Office, and the District Attorney’s Office for the 29th Judicial District for their assistance in this prosecution. Assistant U.S. Attorney Matthew R. Payne, Senior Litigation Counsel, is in charge of the prosecution.
San Antonio Family Members Plead Guilty in Federal Fraud CaseRead the Press Release
SAN ANTONIO – Three members of a San Antonio family pleaded guilty in federal court today to charges related to government contracts fraud for services at U.S. Army medical facilities.
According to the indictment, Kenneth Flores, 50, Christopher Flores, 54, and Irma Flores, 74, conspired together to defraud the United States by eliminating competition and fixing contract awards and prices on Army contracts for the housekeeping and janitorial services at Army Hospitals and Medical Centers. The scheme involved a corrupt partnership between the Floreses and co-conspirator government employees Karisa Waysepappy Kelley and John Jordan “Chip” Mathes, concerning millions of dollars in work on Army healthcare housekeeping and janitorial services contracts in return for bribes and kickbacks, eliminating the Flores’ competition in the process.
From Nov. 15, 2018, until June 25, 2020, Christopher Flores’s company, Alliance Supply, paid $216,710.46 to Mathes’ company, C & S Consulting. From Feb. 21, 2019, until July 17, 2020, Alliance Supply paid Kelley’s company Waysepappy Consulting $57,906.50. Irma Flores served as the bookkeeper for Allegiance Environmental Services, a company owned by Kenneth Flores, under which Alliance operated. Mathes and Kelley pleaded guilty in February.
Kenneth Flores pleaded guilty to one count in the indictment to conspiracy to defraud the United States and faces a maximum penalty of five years in prison. Christopher and Irma Flores each pleaded guilty to an information charging them with one count of gratuity paid to public official, and each face a maximum penalty of two years in prison. All three are scheduled to be sentenced on Nov. 27. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Floreses have agreed to pay restitution in the amount of $3.7 million.
The government dismissed the charges against Antonio Flores, Jr.
U.S. Attorney Jaime Esparza of the Western District of Texas made the announcement.
The Defense Criminal Investigative Service; Department of the Army Criminal Investigation Division; U.S. General Services Administration Office of Inspector General; and IRS Criminal Investigation are investigating the case.
Assistant U.S. Attorneys Kelly Stephenson and Joe Blackwell, and Special Assistant United States Attorney Jay Porier are prosecuting the case.
###
Ravenna Man Sentenced to 150 Months in Federal Prison for Illegally Possessing Firearms as A FelonRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Zebulon Timothy Nester, 27, of Ravenna Michigan, was sentenced to 150 months in federal prison for being a felon in possession of firearms. U.S. District Judge Robert J. Jonker also ordered Nester to spend three years on supervised release after his confinement. Nester previously pled guilty to this charge in April.
“Whether they are purchased illegally, stolen, or manufactured at home, federal law is clear: firearms, ammunition, unregistered silencers, and firearm conversion devices do not belong in the hands of felons,” said U.S. Attorney Mark Totten. “The serious sentence imposed here shows that illegally armed criminals will face serious consequences in federal court.”
On July 1, 2022, law enforcement executed a search warrant at Nester’s residence in Ravenna, Michigan. There they located a stock of firearms, unregistered firearm silencers, ammunition, firearms accessories, body armor, a 3-D printer, and 3-D printed “Glock switches,” which convert semi-automatic Glock pistols into fully automatic firearms. Glock switches alone, even if not attached to a firearm, are defined as machine guns under federal law. Federal law also requires firearm silencers to be registered in the National Firearms Registration and Transfer Record. Prior to the search warrant at his residence, Nester was also apprehended by local authorities in possession of a firearm on June 8, 2022, in connection with a breaking and entering report where an additional handgun was stolen from a residence in Newaygo County.
“Zebulon Nester blatantly and illegally possessed and sold firearms buying himself another round in federal prison. Risking the safety of our community will not be tolerated,” said ATF Special Agent in Charge James Deir. “ATF and its law enforcement partners will identify and hold accountable those individuals who continue to contribute to the violence in our cities.”
Holding illegal firearm possessors accountable through federal prosecution is a centerpiece of the Project Safe Neighborhoods (PSN) Program, the Department of Justice’s violent crime reduction strategy. 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.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant United States Attorney Lauren F. Biksacky prosecuted this case on behalf of the United States.
###
Pickford Man Sentenced to 87 Months for Sexual Abuse of A MinorRead the Press Release
MARQUETTE – U.S. Attorney for the Western District of Michigan Mark Totten today announced that U.S. District Judge Paul L. Maloney sentenced Clifford Sutter to 87 months in prison for sexual abuse of a minor. Judge Maloney imposed the sentence after commenting that defendant’s conduct was “horrendous,” noting that Sutter had repeatedly sexually abused the victim over a significant number of years. Judge Maloney also ordered Sutter to spend 15 years on supervised release after his confinement.
“Protecting our most vulnerable citizens is a duty my office takes very seriously,” said U.S. Attorney Mark Totten. “We are committed to holding child sexual predators accountable as evidenced by the serious sentence imposed in this case. I commend the investigative work of our federal, state, and tribal law enforcement partners.”
“Today's sentence is the final step towards holding this defendant accountable for the harm he inflicted on his victim,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. “Protecting our children is a priority for the FBI and law enforcement across the state. I would like to thank the Sault Tribe Police Department and the Michigan State Police for their partnership during this investigation.”
The investigation identified a minor victim who Sutter had repeatedly sexually abused from when s/he was 10 years old until Sutter’s arrest. As part of his plea, Sutter admitted to sexually abusing the minor victim when s/he was 12 years old.
The FBI, Sault Tribal Police Department, and Michigan State Police investigated the case.
Sutter Indictment###
Oklahoma City Resident Sentenced for Federal Firearm CrimeRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Zachary Wayne Ray of Oklahoma City, Oklahoma, age 36 and a felon, was sentenced to 16 months imprisonment for one count of Felon in Possession of a Firearm and Ammunition.
The charge arose from an investigation by the Chickasaw Lighthorse Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On January 17, 2023, Ray pleaded guilty to one count of Felon in Possession of a Firearm and Ammunition. Individuals previously convicted of a crime punishable by imprisonment for more than one year are prohibited from possessing firearms or ammunition.
According to investigators, on February 5, 2022, a Chickasaw Lighthorse Police Officer encountered Ray at the Chickasaw Travel Stop on Latta Road in Ada, Oklahoma. Ray, a convicted felon, was found to be in possession of a Ruger 9mm semiautomatic handgun with one round chambered and a fully loaded magazine.
The Honorable Ronald A. White, Chief Judge in the United States District Court for the Eastern District of Oklahoma, presided over the case in Muskogee, Oklahoma. Ray was remanded to the custody of the U.S. Marshal at the conclusion of sentencing. He will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve his sentence of incarceration.
Assistant United States Attorney Zachary W. Parson represented the United States.
Ohio Woman Sentenced to 6 Months in Federal Prison After Filing False CARES Act Claims to Steal More than $200,000 in Pandemic Unemployment BenefitsRead the Press Release
INDIANAPOLIS- Brianna Yerkey, 21, of Struthers, Ohio, has been sentenced to 6 months in federal prison after pleading guilty to wire fraud.
According to court documents, beginning in February 2021, and continuing through June 2021, Brianna Yerkey intentionally defrauded the federal government and the Indiana Department of Workforce Development (IDWD) by exploiting the Pandemic Unemployment Assistance funding authorized by the CARES Act.
Specifically, Yerkey used Facebook and Snapchat to advertise to perspective clients that she would file Pandemic Unemployment Assistance (PUA) applications on their behalf and prepare and submit their weekly PUA vouchers in exchange for a fee of between $500 and $1,300. Yerkey instructed perspective clients to establish an online account with IDWD and provide her with the username and password so she could log in to their accounts.
As part of the scheme, Yerkey provided false and fraudulent information regarding the applicant’s residential address, employment, unemployment, and whether the applicant was presently residing in Indiana. Yerkey also falsely stated that their unemployment was connected to the COVID-19 pandemic to obtain unemployment benefits from the IDWD to which her clients were not entitled.
Yerkey attempted to conceal her crimes by providing details in the PUA applications that would create the false impression the applicants were university students in Indiana. Yerkey intentionally used university addresses and employment dates that would align with summer school break so that IDWD would not suspect fraud if the applicant provided an out of state driver’s license for proof of identity.
In total, Yerkey submitted false and fraudulent claims to the IDWD totaling approximately $287,311 in unemployment benefits.
“Pandemic Unemployment Assistance under the CARES Act was a lifeline for thousands of Americans suffering economic disaster directly related to COVID-19,” said U.S. Attorney for the Southern District of Indiana, Zachary A. Myers. “Ms. Yerkey exploited a federal program, stealing hundreds of thousands of dollars intended to help our most vulnerable populations in a time of instability. These selfish, greedy actions must be rectified. I am grateful for the work of the FBI that led to today’s sentence.”
“People in desperate need turned to the defendant for help, and she pocketed that money,” said FBI Indianapolis Special Agent in Charge Herbert J. Stapleton. “The FBI and our partners won’t idly sit by and let schemes like this occur but will relentlessly pursue those who fraudulently profit at the expense of others.”
The Federal Bureau of Investigation investigated this case. The sentence was imposed by U.S. District Court Judge, Matthew P. Brookman. Judge Brookman also ordered that Yerkey be supervised by the U.S. Probation Office for 1 year following her release from federal prison and pay $125,271 in restitution.
U.S. Attorney Myers thanked Assistant United States Attorney Tiffany J. Preston, who prosecuted this case.
On May 17, 2021, the Attorney General established the COVID‑19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID‑19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form
###
Neuroscience Company and Co-Founder/CEO Pay $445,000 to Resolve False Claims Act Allegations Related to Promotion of False Billing CodesRead the Press Release
Evoke Neuroscience, Inc., of New York will pay $225,000, and its co-founder/CEO David Hagedorn, Ph.D., of Jacksonville, North Carolina, will pay $220,000, to resolve alleged False Claims Act violations for causing the submission of false claims to Medicare by promoting false billing codes for a “brain health” device. The settlement was announced today by United States Attorney Jacqueline C. Romero of the Eastern District of Pennsylvania.
Dr. Hagedorn, a psychologist, co-founded Evoke as a startup in approximately 2009. Evoke sold its “eVox” device primarily to general practitioner physicians. The device involves a 20-60 minute in-office application of a helmet with electrodes that purports to test certain brain functions. During Evoke’s initial startup phase, Dr. Hagedorn selected six billing codes for the eVox device.
The settlement resolves allegations that from January 1, 2013 through May 31, 2021, Evoke and Dr. Hagedorn promoted to health care providers six false billing codes for Medicare reimbursement for the eVox device. By promoting false billing codes to health care providers, Evoke and Dr. Hagedorn caused the providers to submit false claims to Medicare. The United States contends that none of the codes were ever appropriate for the eVox device as applied because the codes generally require a longer testing time, a specialized environment (e.g., soundproof/dark room), and can only be administered by a relevant specialist. Moreover, the United States contends that Evoke and Dr. Hagedorn improperly encouraged health care providers to bill multiple codes for a single application of the eVox device. In 2018, coding consultants informed Evoke that many of the billing codes it was promoting were problematic, after which time Evoke stopped promoting the false codes.
“There is no ‘startup’ exception under the False Claims Act,” said U.S. Attorney Romero. “You will be held accountable if you knowingly promote false billing codes to others.”
This settlement resolves claims originally brought by Kevin Vance, M.D., and Angel Vance, R.N., of Madison, Mississippi to whom, among others, Evoke marketed the eVox system. The case was brought under the whistleblower, or qui tam, provisions of the False Claims Act. The Act permits private citizens with knowledge of fraud against the government to bring a lawsuit on behalf of the United States and to share in any recovery. The Vances will receive $89,000 of the settlement proceeds.
The lawsuit is captioned United States ex rel. Dr. Kevin Vance and Angel Vance v. Evoke Neuroscience, Inc., No. 21-452 (E.D. Pa.). The qui tam suit was initially filed in the United States District Court for the Southern District of Mississippi, and was transferred to the Eastern District of Pennsylvania, where the U.S Attorney’s Office had previously settled a False Claims Act case with a local provider involving, among other things, use of eVox: https://www.justice.gov/usao-edpa/pr/neurosurgeon-medical-practice-director-pay-over-1-million-resolve-false-claims-act.
The case was handled by Assistant United States Attorneys Matthew E. K. Howatt and Joel M. Sweet of the United States Attorney’s Office for the Eastern District of Pennsylvania, along with Auditor Dawn Wiggins and Investigator Jeff Braun, and Assistant United States Attorneys Deidre Colson, Jennifer Case, and Civil Chief Angela Williams of the United States Attorney’s Office for the Southern District of Mississippi. The U.S. Department of Health and Human Services Office of the Inspector General supported the investigation.
The government’s pursuit of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477) or online at https://oig.hhs.gov/fraud/report-fraud.
All civil claims are allegations only. There has been no determination of civil liability.
Montgomery Man Convicted on Federal Drug and Ammunition ChargesRead the Press Release
MONTGOMERY, ALABAMA – Today, United States Attorney Sandra J. Stewart announced the conviction of Robert Damaine Salter, a 36-year-old from Montgomery, Alabama, for conspiracy to distribute 50 grams or more of methamphetamine, fentanyl, cocaine, and heroin; distribution of heroin; and being a felon in possession of ammunition.
According to court records and evidence presented at trial, in early 2022, law enforcement agents began an investigation, through which they learned of multiple communications between Salter and others discussing the purchase of various controlled substances, including methamphetamine, cocaine, heroin, and fentanyl. Stacy Audrice Toney, 35, also from Montgomery, was one of the individuals who had these communications with Salter. In one call, Salter agreed to purchase seven ounces of crystal methamphetamine, or as he referred to it, “ice cream cones,” from Toney. In other calls, Salter and Toney discussed selling larger quantities of methamphetamine, sometimes as much as a kilogram.
Agents obtained search warrants for residences associated with Salter and Toney and found numerous controlled substances. In addition, agents found two rounds of .40 caliber ammunition at Salter’s apartment and a firearm at a house associated with Toney. Salter and Toney both have felony convictions and are prohibited by federal law from possessing firearms or ammunition. The jury rendered its guilty verdict on August 3, 2023.
Following his conviction, Salter faces a sentence of ten years to life in federal prison. A sentencing hearing will be scheduled for him in the coming months. Toney previously pleaded guilty to conspiracy to possess with intent to distribute 50 grams or more of methamphetamine, fentanyl, cocaine, and heroin; and being a felon in possession of a firearm. Toney’s sentencing hearing is scheduled for August 31, 2023. Toney is also facing a sentence of ten years to life.
The DEA and the Montgomery Police Department investigated this case, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorneys Mark E. Andreu and John J. Geer, III, are prosecuting the case.
Minnesota Woman Who Defrauded Thirty Credit Unions in Eight States Sentenced to Federal PrisonRead the Press Release
A woman who used other peoples’ personal information to obtain money from thirty credit unions and four businesses located in eight states was sentenced on August 4, 2023, to more than seven years in federal prison.
Maegen Catherine Fortin, age 40, from Otsego, Minnesota, received the prison term after a September 15, 2022 guilty plea to one count of financial institution fraud and one count of aggravated identity theft.
Information from Fortin’s plea and sentencing showed that between March 2020 and September 2021, Fortin engaged in fraudulent conduct at credit unions and businesses located in Iowa, Minnesota, Wisconsin, Missouri, Illinois, Nebraska, North Dakota, and South Dakota. Fortin possessed or used the personal identifiers, such as names, Social Security numbers, and dates of birth, of at least ninety different people without their permission in connection with her fraud. Fortin used fraudulent United States passports, military IDs, and state driver’s licenses containing the victims’ personal information to apply for loans, lines of credit, accounts, and/or credit or debit cards in the victims’ names. Fortin attempted to obtain at least $650,000 and successfully obtained more than $460,000 as a result of her fraudulent conduct.
Fortin was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Fortin was sentenced to 93 months’ imprisonment. She was ordered to make $463,774.59 in restitution to the credit unions and businesses. She must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Fortin is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-0072.
Follow us on Twitter @USAO_NDIA.
Mexican National Pleads Guilty to Large-Scale Methamphetamine Conspiracy in Kern CountyRead the Press Release
FRESNO, Calif. — Alberto Gomez-Santiago, 37, a Mexican national residing in Arvin, pleaded guilty today to conspiring to distribute and possess with intent to distribute methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in March 2021, Gomez delivered for distribution 26 pounds of methamphetamine to co-defendants Jorge Calderon-Campos, 42, a Mexican national residing in Bakersfield, and Mark Garcia, 23, of Bakersfield. Law enforcement officers later seized the drug from Garcia’s vehicle during a traffic stop.
According to court documents, the transaction was one of many involving Calderon-Campos, who was the target of a wiretap investigation that resulted in the seizure of more than 86 pounds of methamphetamine and 1 kilogram of heroin. The wiretap investigation also uncovered an illegal cockfighting enterprise involving Calderon-Campos, who is charged in a separate indictment with violations of the Animal Welfare Act.
This case is the product of an investigation by Homeland Security Investigations and the Drug Enforcement Administration with assistance from the U.S. Department of Agriculture Office of Inspector General, the U.S. Marshals Service, the U.S. Customs and Border Protection, the U.S. Secret Service, the Bureau of Land Management, the Kern County High Intensity Drug Trafficking Area (HIDTA) Task Force, the California Highway Patrol, the California Department of Corrections and Rehabilitation, the Kern County Sheriff's Office, the Kern County Probation Department, and the Bakersfield Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Gomez is scheduled for sentencing by U.S. District Judge Jennifer L. Thurston on Nov. 6, 2023. Gomez faces a mandatory statutory minimum penalty of 10 years in prison, a maximum statutory penalty of life in prison, and a fine of up to $10 million. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Calderon-Campos, Garcia, and four other defendants are currently scheduled for status conferences on Sept. 20, 2023 in the related drug and Animal Welfare Act cases. The charges against them are only allegations; they are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Man Pleads Guilty to Multiple Sex Offenses Near School and Threatening NeighborsRead the Press Release
Incidents Occurred in April 2023 as Children Walked to/from Bancroft Elementary
WASHINGTON – Derrick Jones, 54, pleaded guilty today in two separate cases for masturbating in public, near Bancroft Elementary School in Mt. Pleasant, and then threatening neighbors who asked him to stop, U.S. Attorney Matthew M. Graves and Acing Chief Pamela Smith of the Metropolitan Police Department (MPD).
Jones pleaded guilty in the Superior Court of the District of Columbia to eight separate counts in two cases: two counts of attempted threats, one count of threats, two counts of misdemeanor sexual abuse of a child with aggravating circumstances, and three counts of lewd, indecent, or obscene acts. Sentencing is scheduled for October 16, 2023, before the Honorable Sean Staples. As part of his sentence, Jones will be required to register as a sex offender for the rest of his life.
According to the government’s evidence, in the afternoon of April 3, 2023, Jones was observed by a neighbor masturbating outside of the neighbor’s apartment building, which is located less than a block away from Bancroft Elementary School. The neighbor, who was with her 11-year-old son, was trying to record Jones’s behavior since, according to the neighbor, this was a routine occurrence during the hours when children were walking to and from school. In fact, Jones has three prior convictions for lewd, indecent, or obscene acts in the District of Columbia. When Jones observed his neighbor trying to record him on April 3, he crossed the street in an aggressive manner and threatened to kill the neighbor’s family and their dog.
Then, on April 6, 2023, a woman was returning home after dropping her nephew off at Bancroft Elementary when she observed Jones outside an apartment masturbating. Jones made eye contact with the woman and continued his behavior. On the morning of April 12, 2023, Jones was again seen masturbating outside of the apartment building as children were being dropped off at school.
Jones engaged in the same conduct the following day, April 13, 2023, exposing himself and masturbating outside of his building while children were walking by on the on their way to school. A Bancroft Elementary school crossing guard observed Jones, and while another colleague ushered kids to the opposite side of the street out of view, the crossing guard approached Jones and asked him to stop. Jones responded by loudly threatening to “blow y’all up” before going inside and returning with a black duffel bag. Not knowing what was in the bag, the crossing guard became even more alarmed and law enforcement was ultimately flagged down and Jones was taken into custody.
In addition to these incidents, after the defendant’s arrest, the U.S. Attorney’s Office and the Metropolitan Police Department further investigated and located additional victims. In pleading guilty, Jones also admitted that between April 1 and April 13, 2023, he exposed himself and masturbated in front of an 11-year-old girl who lived in a neighboring apartment.
The defendant has been in custody since his arrest on April 13, 2023.
In announcing the plea, U.S. Attorney Graves commended the work of the Metropolitan Police Department, which investigated the case, and the U.S. Secret Service, who assisted in the defendant’s apprehension on April 13, 2023. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocates Johnny DaSilva and Tracy Owusu.
Finally, he expressed appreciation for the work of Special Assistant U.S. Attorney Andrea Jae Friedman and Assistant U.S. Attorney Jessica Wash, who investigated and prosecuted the case.
Lawrence Man Sentenced to over Six Years in Prison for Trafficking Fentanyl and CocaineRead the Press Release
BOSTON – A Lawrence man was sentenced on Friday, Aug. 4, 2023, in federal court in Worcester for conspiring to traffic fentanyl and cocaine in central and eastern Massachusetts.
Hector Torres Rosario, 41, was sentenced by U.S. District Court Judge Margaret R. Guzman to 78 months in prison and three years of supervised release. In May 2023, Torres Rosario pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute cocaine and fentanyl.
From April to July 2022, Torres Rosario was responsible for brokering and assisting co-conspirators in the sale and transportation of cocaine and fentanyl in furtherance of a criminal drug conspiracy. Torres Rosario was indicted in September 2022 along with 21 other co-defendants from Massachusetts, Pennsylvania and Puerto Rico.
Acting United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division made the announcement today. Valuable assistance was provided by the United States Marshals Service, Massachusetts State Police, Southbridge Police Department, Lawrence Police Department, Essex County Sherriff’s Department and Worcester County Sheriff’s Department. Assistant U.S. Attorney Stephen W. Hassink of the Narcotics & Money Laundering Unit prosecuted the case.
This investigation 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.
Honduran National Indicted for Illegal Re-EntryRead the Press Release
NEW ORLEANS – HECTOR STEFANO FLORES-DUARTE, a/k/a “Stefano Flores,” age 29, was charged on August 4, 2023 in a one-count indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a), announced U.S. Attorney Duane A. Evans.
According to the indictment, HECTOR STEFANO FLORES-DUARTE, (“FLORES-DUARTE”) reentered the United States after he was previously deported on June 10, 2022. If convicted, FLORES-DUARTE faces a maximum term of imprisonment of two years, a maximum fine of up to $250,000, a maximum term of supervised release of up to one year, and a mandatory $100 special assessment fee.
U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement in investigating this matter. Assistant U.S. Attorney Carter K.D. Guice, Jr. of the General Crimes Unit is in charge of the prosecution.
Georgia Man Is Sentenced to 22 Years in Prison for Multiple Armed Bank Robberies in Three StatesRead the Press Release
CHARLOTTE, N.C. – A Georgia man who committed multiple armed bank robberies in North Carolina, Tennessee, and Georgia, was sentenced to 22 years in prison today, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. Johnny Jermaine Davis, 40, of Kennesaw, Georgia, was also ordered to serve five years under court supervision after he completes his prison term and to pay over $65,000 in restitution.
Robert M. DeWitt, Special Agent in Charge of the FBI in North Carolina joins U.S. Attorney King in making today’s announcement.
On September 1, 2022, Davis pleaded guilty to six counts of bank robbery and one count of brandishing a firearm in furtherance of a crime of violence. In addition to charges filed in the Western District of North Carolina, Davis was charged with bank robbery by the U.S. Attorneys’ Offices in the Eastern District of North Carolina, the Middle District of North Carolina, the Eastern District of Tennessee, the Middle District of Tennessee, and the Northern District of Georgia. Those federal cases were subsequently transferred to the U.S. Attorney’s Office in the Western District of North Carolina for consolidated prosecution.
According to filed court documents and court proceedings, between January and May 2021, Davis robbed seven banks in three states, including two banks in Asheville, N.C. Davis brandished a firearm during each of these robberies and discharged a firearm during one robbery.
The Bank Robbery in East Ridge, Tennessee
Court records show that on January 6, 2021, at approximately 3:00 p.m., Davis robbed a Regions Bank in East Ridge, Tennessee. After he entered the bank, Davis approached the bank teller and asked to cash a check. Davis then drew a firearm and vaulted over the counter. Davis demanded money from the bank tellers and discharged the firearm, which caused a window to shatter. Davis then took money from the teller drawers and fled the scene.
The First Bank Robbery in Asheville, North Carolina
On February 25, 2021, at approximately 3:02 p.m., Davis entered the BB&T bank located at 1653 Hendersonville Road, in Asheville. Davis was wearing a blue and white baseball cap, sunglasses, and a surgical mask. Davis walked toward the teller area of the bank and pretended to cash a check. Court documents show that Davis put on a black glove and pulled out a semi-automatic handgun, pointed the firearm at a teller and yelled, “Don’t move.” Davis then jumped over the counter, ordered the bank employees to lay on the ground, and began to grab cash from the teller drawers. Davis also told the bank employees he had planted a device that would release toxic gas if they moved before two minutes passed. Davis finished emptying the cash drawers and exited the bank.
The Bank Robbery in Chapel Hill, North Carolina
On April 3, 2021, at approximately 12:40 p.m., Davis robbed a PNC bank located at 841 Willow Drive, in Chapel Hill, North Carolina. According to court records, Davis entered the bank wearing a UNC baseball cap, a mask, sunglasses, and surgical gloves. He approached a teller and, as with previous bank robberies, he inquired about cashing a check. After he was told he needed two forms of identification, Davis left the bank. He returned soon thereafter and jumped over the counter while brandishing a semiautomatic pistol. Davis then ordered two tellers to step away from the counter and lie face-down on the floor. He then ordered one of the tellers to unlock the drawers. The teller complied, and Davis ordered her back to the floor. Davis took cash from the teller drawers and fled the scene.
The Bank Robbery in Spring Hill, Tennessee
On April 9, 2021, at approximately 12:06 p.m., Davis entered the First Citizens National Bank located at 2035 Wall Street in Spring Hill, Tennessee, wearing a UNC baseball cap, a surgical mask, sunglasses, and blue surgical gloves. Once again, Davis approached the teller and asked for a pen so that he could cash a check. Davis then drew a semiautomatic pistol, grabbed a teller by the wrist, and pointed the gun directly at her. Davis then ordered all the tellers to lie down on the floor and demanded money. A bank teller opened the bank vault and Davis took cash. Davis then moved two bank employees into a utility room and closed the door, before exiting the bank.
The Bank Robbery in Fayetteville, North Carolina
On May 8, 2021, at approximately 12:08 p.m., Davis entered the First Horizon Bank at 929 S. McPherson Church Road, in Fayetteville, North Carolina, wearing a baseball hat, sunglasses, black gloves, and a mask. Upon entering the bank, Davis approached a teller and asked him if he could cash a Wells Fargo check. The teller said that he could not and began to search for nearby Wells Fargo bank locations in an effort to assist. According to court documents, Davis then drew a black semiautomatic pistol and whispered to the teller that he did not want to hurt anyone. Davis ordered the teller to move behind the teller stations, and then pointed the gun at another teller and ordered them both to lie down on the floor. Davis demanded access to a cash machine, then the safe, and then the vault; but each time the tellers explained that they did not have ready access to any of those storage areas. Davis moved the two tellers at gunpoint to a nearby room and ordered them to stay put. Davis then found a bank employee working in another office, pointed the gun at her, and demanded to know how to access the safe. When the employee told Davis she did not know, he moved the bank employee into the room with the other tellers. Davis took cash from a desk drawer before he left the bank.
The Second Bank Robbery in Asheville, North Carolina
On May 20, 2021, at approximately 4:42 p.m., Davis entered the Wells Fargo bank located at 800 Merrimon Ave., in Asheville. According to court records, Davis was wearing a baseball cap, sunglasses, and a surgical mask. As in previous bank robberies, Davis walked to the counter and told the teller he wanted to cash a check. When the teller asked for identification, Davis left the bank purportedly to retrieve his ID. Davis returned a short time later, approached the counter, and drew a semi- automatic handgun and pointed it at the teller. Davis then jumped over the counter and told all four bank employees to get down on the ground. Once all four bank employees were on the floor, Davis emptied the cash drawers, slammed the counter, and ordered the employees not to move for two minutes because he had placed a motion sensor. Davis then fled the scene.
The Bank Robbery in Rome, Georgia
According to court documents, on May 28, 2021, at approximately 10:50 a.m., Davis entered the SunTrust (now Truist) bank located at 2401 Shorter Avenue, in Rome, Georgia, wearing a hat, sunglasses, and a mask. After he entered the bank, Davis approached a teller and inquired about opening an account but then left the bank. At approximately 11:21 a.m., Davis re-entered the bank, walked into an occupied office, and at gunpoint walked the bank employee out of the office and toward the teller counter. Davis then ordered the tellers to lie down on the floor and vaulted over behind the counter while brandishing the firearm. Another bank employee entered the room and Davis pointed the gun at her and ordered her to get on the floor before he took cash from the bank and fled the scene.
On June 9, 2021, the FBI executed a search warrant at Davis’s home in Georgia. Davis was arrested at the scene. FBI agents also seized several items of clothing consistent with items depicted in surveillance footage at the various robberies, including shoes, a hat, pants, and a jacket. FBI agents also found a firearm that was consistent with the firearm Davis used during
the robberies.
Davis is currently in federal custody. He will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, U.S. Attorney King commended the FBI in Asheville, the Asheville Police Department, and the Hendersonville Police Department for their investigation of the case in Western North Carolina and thanked the FBI field offices and local law enforcement agencies in North Carolina, Tennessee, and Georgia for their invaluable assistance.
U.S. Attorney King also thanked the U.S. Attorneys’ Offices in the Middle and Eastern Districts of North Carolina, the Middle and Eastern Districts of Tennessee, and the Northern District of Georgia for their coordination and cooperation throughout Davis’s prosecution.
Assistant U.S. Attorney Don Gast of the U.S. Attorney’s Office in Asheville prosecuted the case.
# # #
Fountain Valley Man Sentenced to Life in Federal Prison for Murdering Man Who Was Shot on Boat and Dumped into OceanRead the Press Release
SANTA ANA, California – An Orange County man was sentenced today to life in federal prison for the October 2019 murder of a man whose body was found floating in the Pacific Ocean with bullet and blunt force trauma wounds.
Hoang Xuan Le, 42, a.k.a. “Wayne,” and “Wangsta,” of Fountain Valley, was sentenced by United States District Judge David O. Carter.
At the conclusion of a 17-day trial in December 2021, a jury found Le guilty of first-degree murder within the special maritime and territorial jurisdiction of the United States, conspiracy to commit murder, and using a firearm in furtherance of a crime of violence. In February 2022, Le pleaded guilty to eight narcotics-related felonies, including distribution of cocaine and methamphetamine.
On the night of October 15, 2019, Le lured the victim onto a boat owned by Sheila Marie Ritze, 43, of San Juan Capistrano, at Dana Point Harbor, with the promise of a late-night fishing trip. The victim owed Le a debt.
Around midnight, Ritze drove her boat out into the Pacific Ocean with Le and the victim on board. Le shot the victim on the boat, the victim went overboard, and Ritze and Le left the victim to die in the ocean, where he drowned. Le and Ritze then returned to Dana Point Harbor.
The victim’s body was recovered from the Pacific Ocean several miles northwest of Oceanside on October 16, 2019. The San Diego County Medical Examiner’s Office determined that he was a homicide victim who drowned after being shot and suffering blunt force trauma.
“Le committed murder, and, as a result, [the victim’s] family will never see him again,” prosecutors wrote in a sentencing memorandum. “Le’s crime has left a grieving mother, grieving widow, grieving brothers, a grieving sister, and two fatherless small children.”
On April 17, Ritze was sentenced to almost 22 years in federal prison for her role in the murder. Ritze was convicted of one count of second-degree murder within the special maritime and territorial jurisdiction of the United States, and one count of making false statements to federal investigators.
The Coast Guard Investigative Service and the FBI investigated this matter.
Assistant United States Attorneys Greg Scally and Gregory W. Staples of the Santa Ana Branch Office prosecuted this case.