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Wednesday 26 July 2023
Drugs Seized from Residence in Claiborne Parish Leads to 15+ Year Sentence for Haynesville ManRead the Press Release
SHREVEPORT, La. –United States Attorney Brandon B. Brown announced the sentencing of Dean Fitzgerald Williams, 40, of Haynesville, Louisiana. United States District Judge Elizabeth E. Foote sentenced Williams to 181 months (15 years, 1 month) in prison, followed by 5 years of supervised release for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking. Williams pleaded guilty to the charges on February 8, 2023.
Law enforcement agents executed a search warrant at the residence of Williams on June 24, 2022. During the search of the residence, officers located methamphetamine, crack cocaine, and a scale in a storage room in the residence. Inside the master bedroom of the residence, law enforcement agents located additional crack cocaine (approximately 8.5 gross grams) and approximately 680.2 grams of marijuana. A Sig Sauer pistol, model: 1911 We the People, caliber: .45 Auto was located in Williams’ bedding and a Hi-Point pistol; model: C9; caliber: .9mm, was located under his mattress and box springs, as well as approximately $13,000 in cash, which he admitted post-Miranda to be drug proceeds.
The narcotics were sent to the DEA Southeast Laboratory in Miami, Florida who analyzed them and determined the drugs to be 419.8 grams of methamphetamine actual (pure) and 113.0 grams of cocaine base. Williams admitted that the narcotics found in his residence belonged to him included the methamphetamine found in the storage room and that he possessed both firearms in furtherance of the commission of the drug trafficking offense charged, possession with intent to distribute 50 grams or more of methamphetamine.
The case was investigated by the DEA, ATF, Claiborne Parish Sheriff’s Office, Lincoln Parish Sheriff’s Office and Ruston Police Department and was prosecuted by First Assistant U.S. Attorney Jerry Edwards and Assistant U.S. Attorney Tennille M. Gilreath.
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Drug User Who Possessed Firearm Sentenced to 66 Months in Federal PrisonRead the Press Release
A man who discharged firearms in December 2021 and May 2022 was sentenced today to more than five years in federal prison.
Romeo Kuykendall, age 20, from Waterloo, Iowa, received the prison term after a March 22, 2023 guilty plea to possessing a firearm as a prohibited person.
Evidence at the sentencing hearing showed that, in December 2021, Kuykendall shot multiple times in the air and then at an occupied vehicle. Some of the bullets hit a neighboring occupied residence. Part of this shooting was captured on smart doorbell footage taken from the house that was hit. Then, in May 2022, Kuykendall again discharged a firearm, this time in a residence with a sleeping child. Law enforcement received a 911 call based on this incident and later stopped a vehicle that Kuykendall was in. In the vehicle, officers found two firearms that Kuykendall admitted were his. Kuykendall also admitted that he used marijuana multiple times a week and his urine tested positive for marijuana metabolites.
Kuykendall was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Kuykendall was sentenced to 66 months’ imprisonment and must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system. Kuykendall is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Liz Dupuich and Special Assistant United States Attorney Devra Hake. It was investigated by the Waterloo Police Department.
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.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-2046.
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Doctor Convicted of Unlawfully Distributing OpioidsRead the Press Release
A federal jury in the Middle District of Tennessee convicted a medical doctor today for unlawfully distributing controlled substances.
According to court documents and evidence presented at trial, Bowdoin Smith, 67, of Carthage, Tennessee, unlawfully prescribed controlled substances, including opioids such as oxycodone and morphine. Smith, a doctor of osteopathy, owned and operated a general practice medical clinic in Carthage where he knowingly prescribed opioids outside the usual course of professional practice and without a legitimate medical purpose. In 2012, the Tennessee Department of Health placed Smith’s medical license on probation for three years because he routinely prescribed greater amounts of controlled substances than were medically necessary for his patients. After the probation was lifted, Smith continued to write unlawful prescriptions between 2016 and 2019, regularly ignoring the signs of drug abuse and addiction in his patients.
The jury convicted Smith of three counts of unlawful distribution of controlled substances. He faces a maximum penalty of 20 years in prison on each count. A sentencing date has not yet been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Henry C. Leventis for the Middle District of Tennessee, Special Agent in Charge J. Todd Scott of the Drug Enforcement Administration (DEA) Louisville Field Division, Special Agent in Charge Tamala Miles of the Department of Health and Human Services Office of the Inspector General (HHS-OIG), and Director David Rausch of the Tennessee Bureau of Investigation (TBI) made the announcement.
The DEA, HHS-OIG, and TBI investigated the case.
Trial Attorneys Leslie Williams Fisher and Kelly Lyons of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in late 2018, ARPO has partnered with federal and state law enforcement agencies and U.S. Attorneys’ Offices throughout Alabama, Kentucky, Ohio, Virginia, Tennessee, and West Virginia to prosecute medical professionals and others involved in the illegal prescription and distribution of opioids. Over the past three years, ARPO has charged over 115 defendants collectively responsible for issuing prescriptions for over 115 million controlled substance pills. To date, more than 84 ARPO defendants have been convicted. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
Departments of Justice, Commerce and Treasury Issue Joint Compliance Note on Voluntary Self-Disclosure of Potential ViolationsRead the Press Release
The Justice Department, Department of Commerce’s Bureau of Industry and Security (BIS), and Department of the Treasury’s Office of Foreign Assets Control (OFAC) today issued a joint compliance note focusing on the voluntary self-disclosure policies that apply to U.S. sanctions, export controls and other national security laws, including recent updates to certain of those policies. Today’s note marks the second collective effort by the three agencies to inform the private sector about enforcement trends and provide guidance to the business community on compliance with U.S. sanctions and export laws.
“American businesses play a vital role in defending our national security because they are gatekeepers for sensitive technologies and key participants in the financial system,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Responsible companies that come forward as soon as they learn of potential sanctions and export control violations will benefit from the protections of these self-disclosure policies.”
“When it comes to protecting our cutting-edge technology from falling into the wrong hands, industry is our first line of defense,” said Assistant Secretary Matthew S. Axelrod of the Department of Commerce’s Office of Export Enforcement. “As this joint compliance note makes clear, we need companies to tell us when they have potentially violated our rules and offer them concrete benefits for doing so.”
The compliance note describes the voluntary self-disclosure policies of BIS, the Justice Department’s National Security Division, and OFAC, and highlights recent updates related to these policies. Additionally, the compliance note highlights the Financial Crime Enforcement Network (FinCEN)’s Anti-Money Laundering and Sanctions Whistleblower Program, which incentivizes individuals in the United States and abroad to provide information to the government about violations of U.S. trade and economic sanctions, in addition to violations of the Bank Secrecy Act.
“As adversaries leverage increasingly sophisticated efforts to evade international sanctions and export controls, it’s more important than ever to maintain open communication between the public and private sectors,” said Director Andrea Gacki of the Department of the Treasury’s Office of Foreign Assets Control. “By taking advantage of our voluntary self-disclosure policy, companies can both help themselves and help us protect our financial system.”
The note underscores the importance of an effective and robust compliance program. If a company discovers a potential violation, whether it is an administrative or criminal violation, that company must promptly disclose and remediate. Not only does such reporting make the disclosing company potentially eligible for significant mitigation, but it also alerts national security agencies to activities that may pose a threat to the national security and foreign policy objectives of the U.S. government.
The full compliance note is available here.
Tri-Seal Compliance NoteCoalport Man Pleads Guilty to Possessing with the Intent to Distribute MethamphetamineRead the Press Release
JOHNSTOWN, Pa. – A resident of Coalport, PA, pleaded guilty in federal court to charge of violating federal narcotics laws, United States Attorney Eric G. Olshan announced today.
Jacob Troxell, age 33, of Coalport, PA pleaded guilty to Count One of the Indictment before Senior United States District Judge Kim R. Gibson.
In connection with the guilty plea, the court was advised that on or about on or about July 22, 2019, Troxell did possess with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine.
Judge Gibson scheduled sentencing for November 29, 2023. The law provides for a total sentence of 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Arnold P. Bernard, Jr. is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and Pennsylvania State Police conducted the investigation that led to the prosecution of Troxell.
Cedar Rapids Man Sentenced in Relation to February 2021 Shooting in MarionRead the Press Release
A Cedar Rapids man who shot a Marion man eight times in February 2021 was sentenced today to the maximum possible punishment, a decade in federal prison.
Anthony Fisher, age 23, from Cedar Rapids, Iowa, received the prison term after a January 26, 2023, jury verdict finding him guilty of possession of ammunition as a convicted felon.
The evidence at trial showed that, on February 16, 2021, Fisher and two other men broke into a Marion man’s residence with the intent of stealing money and possibly marijuana. Immediately after the three men entered the residence, Fisher shot the Marion man eight times without any apparent provocation. The three men, including Fisher, then fled the scene. Emergency personnel responded quickly and provided aid to the victim, who survived. The victim’s young child was also found near where the victim had been shot. Law enforcement never recovered the firearm Fisher used to shoot the victim; however, the jury found Fisher unlawfully possessed the eight rounds of ammunition used to shoot the victim. At the time of the shooting, Fisher was prohibited from possessing firearms or ammunition as he was a felon. Fisher had previously been convicted of interference with official acts – dangerous weapon, a felony offense, in state court in April 2020.
Fisher was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Fisher was sentenced to 120 months’ imprisonment, the highest sentence allowed by statute. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was prosecuted by Assistant United States Attorneys Dillan Edwards and Tony Morfitt and was investigated by the Marion Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-00013-LTS.
Camden County Man Admits Possession of Child PornographyRead the Press Release
CAMDEN, N.J. – Camden County, New Jersey, man today admitted possessing images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced.
Robert Giles, 71, of Collingswood, New Jersey, pleaded guilty before Chief U.S. District Judge Renée Marie Bumb in Camden federal court to an indictment charging him with one count of possession of child pornography.
According to documents filed in this case and statements made in court:
On April 15, 2022, agents with FBI served a search warrant at Giles’s residence and discovered electronic devices that belonged to Giles. A forensic examination of those devices revealed over 45,000 unique files containing videos and images of children being sexually abused.
The charge of possession of child pornography carries a maximum penalty of 20 years in prison and a maximum fine of $250,000. Sentencing is scheduled for Nov. 29, 2023.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge Jacqueline Maguire in Philadelphia, with the investigation leading to today’s guilty plea. He also thanked the Collingswood Police Department for their assistance in the investigation.
The government is represented by Assistant U.S. Attorney Andrew Johns of the Criminal Division in Camden.
giles.indictment.pdfBritish Investor and Billionaire Businessman Joseph Lewis Charged with Insider Trading and Financial FraudRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Christie M. Curtis, the Acting Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing of an Indictment charging JOSEPH LEWIS and his co-conspirators, PATRICK O’CONNOR and BRYAN WAUGH, a/k/a/ “Marty Waugh,” with insider trading securities fraud and related charges. The defendants were arrested this morning and will be presented later today.
U.S. Attorney Damian Williams said: “My Office, the Southern District of New York, has indicted Joe Lewis, the British billionaire, for orchestrating a brazen insider trading scheme and his co-conspirators and personal pilots, Patrick O’Connor and Bryan ‘Marty’ Waugh. We allege that, for years, Joe Lewis abused his access to corporate boardrooms and repeatedly provided inside information to his romantic partners, his personal assistants, his friends, and his pilots. Those folks then traded on that inside information – and made millions of dollars in the stock market – because, thanks to Lewis, those bets were a sure thing. None of this was necessary. Joe Lewis is a wealthy man, but as we allege, he used inside information as a way to compensate his employees or to shower gifts on his friends and lovers. That’s classic corporate corruption. It’s cheating. And it’s against the law – laws that apply to everyone, no matter who you are.”
FBI Acting Assistant Director in Charge Christie M. Curtis said: "As alleged, Lewis and his associates used material, non-public information for the personal benefit of themselves and close associates, despite knowing that the activity was illicit. This type of behavior - blatant disregard for the law - is not only illegal but undermines the integrity of our financial markets. The FBI is determined to ensure that anyone willing to perpetrate insider trading schemes is held accountable in the United States criminal justice system."
According to the allegations contained in the Indictments unsealed in Manhattan federal court and court filings:1
JOSEPH LEWIS is a billionaire businessman and investor who is the principal owner of the Tavistock Group, an international private investment organization. By virtue of LEWIS’s investments in certain companies, he has controlled one or more board of director seats at those companies and has deputized employees to serve on various company boards. In turn, through these employees, LEWIS received material, non-public information about these companies, including, for example, information about upcoming favorable test results for biochemical companies. LEWIS, on multiple occasions over the course of several years, then misused and misappropriated this confidential information to provide stock tips to various individuals in his life, including his employees, romantic partners, and friends, as a way to provide them with compensation and gifts. These individuals, in turn, traded on the tips provided by LEWIS for vast personal gain.
In addition, LEWIS conspired with others to hide his ownership shares of a pharmaceutical company through a pattern of false filings and misleading statements. More specifically, LEWIS was required to file schedules of share ownership with the Securities and Exchange Commission (“SEC”) because he was an owner of more than 10% of the stock of Mirati Therapeutics (“Mirati”). LEWIS reported to the SEC that he owned between 16 and 19.99% of the stock, when, in reality, he beneficially owned more than 19.99% of Mirati stock through an elaborate array of shell companies and other entities, including an offshore trust purportedly for the benefit of his granddaughter. As a result of the false disclosure of his ownership, LEWIS was able to exercise warrants in Mirati that he would otherwise not have been able to exercise, at vast financial gain. At one point, when HSBC bank inquired about a transaction related to Mirati, LEWIS’s employee falsely told HSBC that the transaction was the repayment of a loan from LEWIS, a false explanation that LEWIS had told him he was “happy with,” despite knowing it was false.
PATRICK O’CONNOR and BRYAN WAUGH are two pilots employed by LEWIS to fly his private aircraft. LEWIS tipped both O’CONNOR and WAUGH and encouraged them to trade based on material, non-public information. In one instance, LEWIS gave O’CONNOR and WAUGH loans, each worth $500,000, so they could buy a company’s stock before the public release of favorable clinical results. In connection with that loan, O’CONNOR texted a friend to buy the stock, told the friend the “Boss is helping us out and told us to get ASAP,” and assured the friend that “All conversations on app is encrypted so all good. No one can ever see.” O’CONNOR also texted the friend that “Boss mentioned around 6 to 8 weeks for [Mirati] to take profit” and that he thought “the Boss has inside info” and “knows the outcome” of not-yet-public clinical testing. O’CONNOR and WAUGH later sold the stock they had purchased on the basis of these tips for a profit, as did LEWIS’s assistant and friends.
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LEWIS, 86, a British national, has been charged with 13 counts of securities fraud under Title 15, each of which carries a maximum sentence of 20 years in prison; three counts of securities fraud under Title 18, each of which carries a maximum sentence of 25 years in prison; and three counts of conspiracy, each of which carries a maximum sentence of five years in prison.
O’CONNOR, 66, of Preston Hollow, New York, has been charged with four counts of securities fraud under Title 15, each of which carries a maximum sentence of 20 years in prison; three counts of securities fraud under Title 18, each of which carries a maximum sentence of 25 years in prison; and one count of conspiracy, which carries a maximum sentence of five years in prison.
WAUGH, 64, of Lynchburg, Virginia, has been charged with four counts of securities fraud under Title 15, each of which carries a maximum sentence of 20 years in prison; three counts of securities fraud under Title 18, each of which carries a maximum sentence of 25 years in prison; and one count of conspiracy, which carries a maximum sentence of five years in prison.
The maximum potential sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the FBI. He also expressed appreciation for the SEC, which separately initiated civil proceedings against the defendants today. Mr. Williams further thanked the Justice Department’s Office of International Affairs for its assistance during this investigation.
This prosecution is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Nicolas Roos, Jason A. Richman, and Alex Rossmiller are in charge of the prosecution.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
1 As the introductory phrase signifies, the entirety of the text of the Indictments and the description of the Indictments set forth herein constitute only allegations, and every fact described should be treated as an allegation.
U.S. v. Joseph Lewis Indictment U.S. v. Joseph Lewis et al IndictmentBristol Man Pleads Guilty Fraud and Tax OffensesRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, Robert Fuller, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, and Joleen D. Simpson, Special Agent in Charge of IRS Criminal Investigation in New England, announced that JOHN HORVATH, 72, of Bristol, waived his right to be indicted and pleaded guilty today in New Haven federal court to fraud and tax offenses.
According to court documents and statements made in court, Horvath was licensed by the State of Connecticut as a resident insurance producer, which authorized him to sell various forms of insurance. In that capacity, he sold annuity contracts issued by Allianz Life Insurance Company of North America (“Allianz”) to clients. Beginning no later than July 2015 and continuing until April 2021, Horvath defrauded several clients by advising them that they could achieve better rates of return through alternative investments, rather than their existing annuity contracts, and that he could broker and manage those investments for them. Victim-investors gave Horvath investment funds with the expectation he would manage the funds for them. Instead, Horvath commingled the victim-investors’ funds with his own and used the pooled money to pay personal expenses and repay earlier victim-investors.
Through this scheme, Horvath defrauded at least eight victims out of approximately $1,189,200.
In addition, Horvath failed to pay income taxes on his substantial income from the scheme, resulting in a loss to the government of $267,739 for the 2015 through 2020 tax years.
Horvath pleaded guilty to one count of wire fraud, which carries a maximum term of imprisonment of 20 years, and one count of tax evasion, which carries a maximum term of imprisonment of five years. He is scheduled to be sentenced by U.S. District Judge Michael P. Shea in Hartford on October 18.
Horvath is released on a $50,000 bond pending sentencing.
This matter is being investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Conor M. Reardon.
Brighton Food Truck Business Owner Sentenced to Two Years in Prison for $1.5 Million COVID-Relief Fraud SchemeRead the Press Release
BOSTON – The owner of a Massachusetts-based food truck business was sentenced yesterday in federal court in Boston for filing fraudulent loan applications in order to obtain $1.5 million in pandemic relief under the Coronavirus Aid, Relief and Economic Security (CARES) Act and the American Rescue Plan Act.
Loc Vo, 56, of Brighton, Mass., was sentenced by U.S. Senior District Court Judge William G. Young to two years in prison and two years of supervised release. Vo was also ordered to pay $1,516,606 in restitution and forfeiture. Vo pleaded guilty to one count of wire fraud in January 2023.
Vo owned Smart Gourmet LLC (Smart Gourmet), a food truck business in Massachusetts, and Indy Publish, a dormant Maryland company. Between April 2020 and July 2021, Vo submitted loan applications on behalf of these businesses under three Small Business Administration pandemic relief programs: the Paycheck Protection Program, the Economic Injury Disaster Loan Program and the Restaurant Revitalization Fund . In these applications, Vo requested approximately $1.5 million and committed to use the funds for rent, mortgage interest, payroll and utilities, among other eligible expenses.
After receiving the relief funds, Vo immediately transferred most of them to brokerage accounts in his name to purchase shares in an electric car manufacturer, an internet marketplace company and a biotechnology company, among others.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of forgivable loans to small businesses for job retention and certain approved expenses, through the PPP. Another is the EIDL, through which the SBA offers loans that can only be used on certain permissible business expenses, which can include payment of fixed business debts, payroll, accounts payable, and other business-related expenses that could have been paid had the COVID-19 disaster not occurred. The American Rescue Plan Act established the RRF to provide funding to help restaurants and other eligible businesses keep their doors open through forgivable loans for eligible uses.
Acting United States Attorney Joshua S. Levy; Christopher DiMenna, Acting Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Harry Chavis, Jr., Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorney Benjamin A. Saltzman of the Securities, Financial & Cyber Fraud Unit prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Ashville Man Pleads Guilty to Producing and Possessing Material Depicting the Sexual Exploitation of a MinorRead the Press Release
JOHNSTOWN, Pa. – A resident of Ashville, PA, pleaded guilty in federal court to charges of production and possession of material depicting the sexual exploitation of a minor, United States Attorney Eric G. Olshan announced today.
Michael Sollenberger, age 41, of Ashville, PA pleaded guilty to Counts One, Two, and Three of the Indictment before Senior United States District Judge Kim R. Gibson.
In connection with the guilty plea, the court was advised that from on or about Jan. 8, 2019 to Jan. 8, 2020, and from on or about Feb. 21, 2018 to Feb. 21, 2019, Sollenberger produced images of minors engaged in sexually explicit conduct using materials that were shipped or transported in interstate or foreign commerce. Further, from on or about June 10, 2020 to June 12, 2020, Sollenberger possessed images of minors engaged in sexually explicit conduct, which were produced using prepubescent minors engaging in sexually explicit conduct. The images were produced using materials that were shipped or transported in interstate or foreign commerce.
Judge Gibson scheduled sentencing for November 30, 2023. The law provides for a total sentence of 120 years in prison, a fine of $750,000, or both. According to the terms of the plea agreement accepted by the Court, Sollenberger will be sentenced to at least 35 years in prison. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Arnold P. Bernard, Jr. is prosecuting this case on behalf of the government.
The Department of Homeland Security Investigations and Pennsylvania State Police conducted the investigation that led to the prosecution of Sollenberger.
This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Anchorage Man Guilty on All Drug and Firearm ChargesRead the Press Release
ANCHORAGE, Alaska – A federal jury convicted an Anchorage man yesterday on three felony counts, including one count of possession of controlled substances with intent to distribute, and two firearm related charges, following a trial spanning a week and a half.
The charges included one count of possession of controlled substances with intent to distribute, one count of possession of firearms in furtherance of a drug trafficking crime and one count of being a felon in possession of firearms and ammunition.
According to court documents and evidence presented at trial, Charles Rashid Malik Lee, aka “Cheese”, 41, had been under investigation by federal authorities. The FBI and Drug Enforcement Administration (DEA) executed a search warrant on Lee’s residence and vehicle in Anchorage, Alaska, on Oct. 12, 2021.
Agents made contact with Lee inside the residence and discovered a total of over 150 grams of methamphetamine, over 100 grams of heroin and over 90 grams of cocaine. According to evidence presented at trial, these controlled substances had a total street value of over $54,000. Agents also found tools commonly used by drug traffickers, including digital scales, branded baggies and two loaded handguns, among other findings. It was later determined that one of the digital scales had Lee’s fingerprint on it. Agents also discovered over $165,000 in cash that was hidden in multiple locations around the residence, including a crawl space.
Lee was indicted by a federal grand jury in December 2021.
Senior U.S. District Judge Timothy M. Burgess, who presided over the trial, scheduled sentencing for a later date. Lee faces a mandatory minimum sentence of 20 years. He will be held in the custody of the U.S. Marshals pending sentence.
“Charles Lee’s conviction is yet another step in our joint effort with local, state and federal law enforcement partners to make Alaskan communities safer for everyone,” said U.S. Attorney S. Lane Tucker of the District of Alaska. “Our office and partners are committed to using our resources to hold individuals accountable for the destruction their actions have on our communities.”
“Those responsible for trafficking dangerous drugs into our communities, threatening the health and safety of Alaskans in the process, will continue to face justice in this District,” said Special Agent in Charge Antony Jung of the FBI Anchorage Field Office. “Unyielding in our pursuit, stopping the flow of deadly drugs into our communities continues to be a priority for the FBI and our law enforcement partners.”
The FBI’s Anchorage Field Office and the DEA investigated the case.
Assistant U.S. Attorneys Seth Brickey and Alana Weber prosecuted the case.
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American States Utility Services Settles Allegations of False Price Quotes at Federal Military InstallationsRead the Press Release
RICHMOND, Va. – American States Utility Services, Inc. (ASUS), located in San Dimas, California, agreed to pay $600,000 to settle allegations that it violated the federal False Claims Act by submitting inflated price estimates to the government.
Between April 2016 and May 2017, ASUS submitted price quotes for 19 water and sewer projects on U.S. military installations in North Carolina to the Defense Logistics Agency (DLA) at Fort Belvoir, Virginia. The United States alleged that each quote contained subcontractor costs that ASUS knew would not be expended, inflating the estimated cost of the project. DLA consequently evaluated the quotes for price reasonableness, which the United States alleged was based on the false premise that the projects would be performed with subcontractor costs. As a result, the government alleged that DLA overpaid more than $300,000 for these projects.
The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney's Office for the Eastern District of Virginia; the Department of Defense Office of Inspector General, Defense Criminal Investigative Service; and the Department of the Army Criminal Investigation Division.
The matter was investigated by Assistant U.S. Attorney Robert McIntosh.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
The civil claims settled by this agreement are allegations only; there has been no admission of civil liability.
Alabama Man Sentenced to 21 Months in Prison for Possession of a Firearm by Convicted FelonRead the Press Release
Jackson, Miss. – A Bellamy, Alabama man was sentenced to one year and nine months in prison for possession of a firearm by a convicted felon, announced U.S. Attorney Darren J. LaMarca and Acting Special Agent in Charge Anthony Spotswood of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to court documents, Willie Roger Starks, Jr., 30, was found in possession of a firearm by a Lauderdale County Sheriff’s Deputy on October 27, 2019, during a traffic stop. Starks had a .40 caliber pistol in his car. Starks has a prior felony conviction for Burglary of a Dwelling and was under the supervision of the Mississippi Department of Corrections at the time. As a convicted felon it is contrary to federal law for Starks to possess any firearm.
Starks was indicted by a federal grand jury and pled guilty on March 14, 2023 to possession of a firearm by a convicted felon.
The Lauderdale County Sheriff’s Office and the ATF investigated the case.
Assistant U.S. Attorneys Adam T. Stuart and Charles W. Kirkham prosecuted the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Tuesday 25 July 2023
华女对以营利为目的的签证欺诈和移民走私计划认罪Read the Press Release
今天早些时候，廖海燕（Haiyan Liao）在布鲁克林的联邦法院对签证欺诈和洗钱指控认罪，因为其参与了旨在将中国公民非法带入美国以谋取经济利益的多年计划。 廖某于2021年1月被起诉。
美国纽约东区检察官布雷昂·皮尔斯（Breon Peace）、司法部刑事司助理司法部长小肯尼斯·A·波利特(Kenneth A. Polite, Jr.)、美国国务院外交安全局（DSS）首席副助理部长兼调查代理副助理主任格雷戈里·巴特曼（Gregory Batman）宣布了此消息。
“向廖支付了过千美元，以助向联邦政府撒谎，将包括无人陪伴的未成年人等个人带入美国，以谋取私利，”美国检察官皮尔斯（Peace）说。“本办公室致力维护法治并保护我们移民流程的完整性。”
“刑事司致力于在法律允许的最大范围内起诉人口走私者和人贩子，”司法部刑事司助理总检察长 小肯尼斯·A·波利特(Kenneth A. Polite, Jr.)说。 “廖的定罪表明，对那些剥削弱势群体谋取个人贪婪的人士追究责任的承诺。”
“外交安全局的全球存在让我们的机构能够充当美国和外国执法机构之间的联络人，协助双方努力制止人口贩运，” DSS 代理副助理调查主任格雷戈里·巴特曼(Gregory Batman)说。 “今天的认罪证明 DSS 在全球的部署如何能够阻止人口贩运的浪潮，并针对捕猎这些受害者的犯罪分子。”
根据法庭文件，已入籍的美国公民、土生土长的中国公民廖某与他人参与一项计划，协助来自中国的非公民非法进入美国。廖透过向美国驻广州领事馆提交包含虚假陈述的申请，以欺诈手段为这些非公民取得旅客签证。对于申请被批准的非公民——包括四名未成年人——廖为他们前往美国提供了便利，包括陪同他们乘坐商业航班飞往约翰肯尼迪国际机场。该等非美国公民及其家人支付了上千美元才能到达美国。由于此计划，廖透过从中国到美国的电汇汇款获取了至少 98,673.72 美元的非法收益。
廖承认了串谋非法将非法移民带入美国以谋取经济利益，最高可判处五年徒刑和洗钱罪，最高可判处20年徒刑。联邦地区法院法官将在考虑美国量刑指南和其他法定因素后确定任何量刑。
DSS 刑事欺诈调查科对此案进行了调查。
纽约东区助理美国检察官诺米·贝伦森(Nomi Berenson)和司法部人权和特别起诉科的审判律师拉米·巴达维(Rami Badawy)正起诉此案。
被告：
廖海燕（Haiyan liao）
年龄： 45
内华达州拉斯维加斯
纽约东区法院案卷号：20-CR-500 (SJ)
Woman Pleads Guilty in Visa Fraud and Immigrant Smuggling SchemeRead the Press Release
A Las Vegas woman pleaded guilty today in the Eastern District of New York to money laundering conspiracy and conspiracy to unlawfully bring Chinese nationals into the United States for financial gain.
According to court documents, Haiyan Liao, 46, a naturalized U.S. citizen and native of China, engaged in a scheme with others to assist noncitizens from China in entering the United States by fraudulently obtaining visitor visas. Liao and her co-conspirators submitted applications containing false statements to the U.S. Consulate in Guangzhou, China. For the noncitizens whose applications were approved, Liao facilitated their travel to the United States and accompanied them on commercial flights to Queens and Brooklyn, New York. Four of the noncitizens were unaccompanied minors. The noncitizens and their families paid thousands of dollars to Liao and others to get to the United States. As a result of this scheme, Liao reaped at least $98,673.72 in illicit proceeds through wire transmissions from China to the United States.
“The Criminal Division is committed to prosecuting human smugglers who undermine the rule of law by trying to circumvent our lawful immigration system,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “As Liao’s conviction demonstrates, we will continue to hold accountable people who take advantage of vulnerable populations for personal greed.”
“Liao was paid thousands of dollars to help lie to the federal government to bring individuals, including unaccompanied minors, into the United States for her own selfish gain,” said U.S. Attorney Breon Peace for the Eastern District of New York. “This office stands committed to upholding the rule of law and protecting the integrity of our immigration process.”
“The Diplomatic Security Service’s global presence provides it with the expertise necessary to dismantle transnational human smuggling networks,” said Deputy Assistant Director of Investigations Robert Kelty of the U.S. Department of State’s Diplomatic Security Service (DSS). “Today’s guilty plea demonstrates DSS’ commitment to protecting vulnerable populations, stemming the tide of human smuggling and targeting those who abuse our nation’s visa system.”
Liao pleaded guilty to conspiracy to unlawfully bring aliens into the United States for financial gain, which carries a maximum penalty of five years in prison, and money laundering conspiracy, which carries a maximum penalty of 20 years in prison. She is scheduled to be sentenced on Dec. 8. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The DSS Criminal Fraud Investigations Branch investigated the case.
Acting Deputy Chief Rami Badawy of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Nomi Berenson for the Eastern District of New York are prosecuting the case.
Virginia Man Sentenced to Federal Prison for Conspiring to Violate Iranian SanctionsRead the Press Release
Behrouz Mokhtari, 72, of McLean, Virginia, was sentenced today to 41 months in prison followed by three years of supervised release for violating U.S. sanctions against Iran by conspiring to engage in prohibited business activities on behalf of persons and entities in Iran. In addition, Mokhtari was ordered to forfeit approximately $2,862,598 in proceeds derived from his criminal activity as well as a residence he purchased in Campbell, California, for over $1.5 million using such proceeds.
Mokhtari pleaded guilty earlier this year in the District of Maryland to two counts of conspiracy to violate the International Emergency Economics Power ACT (IEEPA). According to court documents, Mokhtari engaged in a conspiracy lasting from at least March 2018 until at least September 2020 in which he conducted numerous business activities on behalf of Iranian entities without first obtaining the required licenses from the Office of Foreign Assets Control (OFAC). In a separate conspiracy lasting from about February 2013 until at least June 2017, Mokhtari and a number of Iranian nationals agreed to conduct illicit shipments of petrochemical products to and from Iran, utilizing his front company, East & West Shipping Inc., in Panama to do so.
Mokhtari held management positions and/or maintained ownership control of numerous businesses in Iran and the United Arab Emirates (UAE), collectively referred to as “the FSR Network.” Using the FSR Network, he and his co-conspirators illegally provided services to Iranian entities such as the refinement and transport of petrochemical products. Mokhtari and his co-conspirators used FSR Network bank accounts in the UAE, including Bitubiz FZE, to process these U.S. dollar transactions.
Mokhtari admitted that he knew that, as a U.S. citizen, engaging in business with Iranian entities without first obtaining a license or permission from OFAC is prohibited. He further knew that it was illegal to engage in transactions intended to evade Iranian sanctions, or to engage in transactions related to goods and services of Iranian origin or export.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Erek L. Barron for the District of Maryland and Special Agent in Charge Thomas J. Sobocinski of the FBI Baltimore Field Office made the announcement.
The FBI investigated the case.
Assistant U.S. Attorneys Kathleen O. Gavin for the District of Maryland prosecuted the case, with valuable assistance provided by the National Security Division’s Counterintelligence and Export Control Section.
Virginia Man Sentenced to Federal Prison for Conspiring to Violate Iranian SanctionsRead the Press Release
Greenbelt, Maryland – U.S. District Judge Lydia K. Griggsby today sentenced Behrouz Mokhtari, age 72, of McLean, Virginia and Tehran, Iran, a native of Iran and a naturalized citizen of the United States, to 41 months in federal prison, followed by three years of supervised release, for violating U.S. sanctions against Iran by conspiring to engage in prohibited business activities on behalf of persons and entities in Iran. Judge Griggsby also ordered Mokhtari to forfeit approximately $2,862,598 in proceeds derived from his criminal activity as well as a residence he purchased in Campbell, California for over $1.5 million, using such proceeds. Mokhtari pleaded guilty earlier this year to two counts of conspiracy to violate the International Emergency Economics Power ACT (“IEEPA”).
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division; and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
“This defendant knew that he was prohibited from engaging in business with Iran, but did so anyway and attempted to conceal his actions through his control of businesses and financial entities in Iran and the United Arab Emirates,” said United States Attorney Erek L. Barron. “Now, he will not only serve time in federal prison, he will forfeit cash and property purchased with his ill-gotten proceeds.”
According to his guilty plea, in one conspiracy that lasted from at least March 2018 until at least September 2020, Mokhtari agreed with his co-defendant and others to evade Iranian sanctions by engaging in business activities on behalf of Iranian entities without first obtaining the required licenses from the Office of Foreign Assets Control (“OFAC”).
Mokhtari held management positions and/or maintained ownership control of multiple businesses in Iran and the United Arab Emirates (“UAE”), referred to collectively as “the FSR Network.” Mokhtari and his co-conspirators used the FSR Network to provide services to Iranian entities and engage in transactions involving Iranian petrochemical products, including refining petrochemical products and transporting them by sea. Mokhtari and his co-conspirators used bank accounts located in the UAE, including Bitubiz FZE, which was part of the FSR Network and over which Mokhtari exercised partial or complete control, to process these U.S. dollar transactions.
Mokhtari admitted that Bitubiz operated as a conduit for the FSR Network to conceal the fact that Mokhtari and his co-conspirators were engaging in financial transactions with, and providing services to, Iranian entities in violation of the Iranian sanctions. Bitubiz maintained daily ledgers which recorded the receipt and transfers of funds. After receiving an incoming wire transfer, Bitubiz would credit most of that amount to Ayegh Isfahan Manufacturing Company (“AIM”). Mokhtari and others held ownership interests in AIM, which was located in Iran, was engaged in the petrochemical industry, and was part of the FSR Network.
As stated in his guilty plea, in a separate conspiracy that lasted from about February 2013 until at least June 2017, Mokhtari and a number of Iranian nationals agreed to conduct illicit shipments of petrochemical products to and from Iran, in violation of the Iranian sanctions and used the U.S. financial system to facilitate such shipments. In furtherance of the scheme, Mokhtari created a front company in Panama, East & West Shipping, Inc., to purchase two liquid petroleum gas (LPG) tanker vessels for approximately $38 million. These vessels were subsequently used to transport Iranian petrochemical products in international commerce on behalf of, and to benefit, Iranian entities associated with the Government of Iran.
After using East & West to purchase the two vessels (LPG Vessel 1 and 2), Mokhtari transferred ownership of the vessels to other entities, in order to conceal the conspirators’ financial and ownership interest in the two vessels. The conspirators then used another entity, Greenline Shipholding, Inc., to control operations of LPG Vessels 1 and 2. For example, through email communications from Greenline email accounts, or email accounts containing some variation of the Greenline name, the conspirators directed Company 5, a ship management company, to oversee the leasing and operation of LPG Vessel 1 and 2 to transport Iranian petrochemical products from Iranian ports to other locations and to participate in ship-to-ship transfers of Iranian products while on the high seas.
The conspirators, including Mokhtari, used the United States financial system to engage in transactions related to the hiring of the vessels and other expenses. In addition, Mokhtari and his co-conspirators frequently communicated by email about the nature and source of the products that the vessels were transporting, as well as the use of false shipping documents and other measures taken to conceal the fact that the vessels were transporting products to and from Iran, in order to evade the Iranian sanctions.
At some point prior to May 2017, ownership of LPG Vessel 1 was transferred to Russell Shipping, Inc., which was owned by Mokhtari. On May 30, 2017, Mokhtari sold LPG Vessel 1 to be scrapped for more than $3.1 million. Mokhtari received a total of $2,862,591.12 from that sale. The purchaser wired funds to accounts at two separate banks held in the name of Mori Construction and Development, LLC (Mori Construction). Mokhtari was the sole owner of Mori Construction and controlled both bank accounts. Through a series of inter-account transfers and check payments, by September 2017 all of the proceeds from the sale of LPG Vessel 1 were located in a third account, over which Mokhtari and his daughter had signature authority. In March 2018, Mokhtari used those proceeds to purchase a home in Campbell, California for $1,512,000.
Mokhtari admitted that he knew that, as a U.S. citizen, engaging in business with Iranian entities, without first obtaining a license or permission from OFAC is prohibited. He further knew that it was illegal to engage in transactions intended to evade Iranian sanctions, or to engage in transactions related to goods and services of Iranian origin or export.
United States Attorney Erek L. Barron commended FBI for its work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Kathleen O. Gavin, who prosecuted the case, with valuable assistance provided by the National Security Division’s Counterintelligence and Export Control Section.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md.
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Vermont Man Sentenced to 5 Years in Prison for Trafficking Methamphetamine and Cocaine in New HampshireRead the Press Release
CONCORD – A Vermont man was sentenced in federal court in Concord for unlawfully possessing quantities of methamphetamine and cocaine in New Hampshire, U.S. Attorney Jane E. Young announces.
Damien Rousseau, Jr., 31, formerly of Vershire, Vermont was sentenced by U.S. District Court Chief Judge Landya B. McCafferty to 60 months in prison and three years of supervised release. On April 10, 2023, Rousseau plead guilty to unlawful possession with the intent to distribute methamphetamine and cocaine.
“This office is committed to prosecuting drug traffickers who possess firearms and large quantities of narcotics for distribution in New Hampshire, and surrounding states, to the fullest extent of the law,” said U.S. Attorney Young. “Methamphetamine and cocaine are insidiously dangerous drugs that continue to ravage New Hampshire. Thanks to the coordinated efforts of federal, state, and local law enforcement, the defendant was brought to justice and our communities will be free from his drug dealing.”
“DEA is committed to investigating and dismantling Poly Drug Trafficking Organizations like this one headed by Mr. Rousseau, who are responsible for distributing drugs like methamphetamine and cocaine to the citizens of New Hampshire,” said DEA Special Agent in Charge Brian D. Boyle. “Illegal drug distribution ravages the very foundations of our families and communities so every time we take these poisons off the streets, lives are saved. This investigation demonstrates the strength of collaborative local, state and federal law enforcement efforts and our strong partnership with the U.S. Attorney’s Office.”
On May 11, 2022, Dartmouth Hitchcock Medical Center security personnel determined that Rousseau was in a patient’s room while in possession of a bag that contained a small quantity of narcotics and a drug ledger. The Lebanon Police Department responded and observed that Rousseau’s BMW vehicle, in the medical center’s parking-lot, had methamphetamine and drug paraphernalia. A drug detecting canine also alerted the presence of narcotics in the vehicle. The defendant was arrested and released on bail. The following day, May 12, 2022, the Lebanon Police Department observed Rousseau trespassing in their secure-impound lot. After finding him hidden in the BMW, officers arrested him and executed a search warrant on the vehicle. Law Enforcement seized approximately 436 grams of methamphetamine, 98.66 grams of cocaine, 10.5 grams of fentanyl, three loaded firearms, assorted loose ammunition, $2,179, and 20 assorted silver and gold-colored coins.
This matter was investigated by the United States Drug Enforcement Administration- Manchester District Office and Burlington Vermont Resident Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lebanon Police Department, and the Vermont State Police. The case is being prosecuted by Assistant U.S. Attorney Jennifer C. Davis.
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United States Returns Manuscript Signed by Conquistador Hernando Cortés in 1527 to Mexico's National ArchivesRead the Press Release
BOSTON – A nearly 500-year-old manuscript signed by Conquistador Hernando Cortés in 1527 has been returned to the Archivo General de la Nación de México – Mexico’s national archives located in Mexico City. On July 19, 2023, the United States Attorney’s Office for the District of Massachusetts, along with representatives from the Federal Bureau of Investigation, participated in a formal repatriation ceremony at Mexico’s national archives, where the manuscript is believed to have been unlawfully removed from sometime before 1993. In November 2022, the U.S. Attorney’s Office filed a civil forfeiture action against the manuscript to ensure its lawful return. It is a violation of federal law to transport or receive stolen goods valued at more than $5,000 that have traveled in foreign or interstate commerce.
“After missing for decades, thanks to incredible international collaboration and persistence the Cortés manuscript is finally where it belongs back in Mexico, where it will remain a treasured part of Mexico’s history and heritage,” said Acting U.S. Attorney Joshua S. Levy. “I want to commend the asset recovery prosecutors in the U.S. attorney’s office whose hard work and dedication led to the return of this priceless and historically important artifact. We were honored to have assisted in this effort.”
The manuscript is a payment order signed by Cortés on April 27, 1527 authorizing the purchase of rose sugar for the pharmacy in exchange 12 gold pesos. It is believed to be one of several documents unlawfully removed from a collection of documents concerning a Spanish expedition to Central America in 1527 that is housed in Mexico’s national archives.
According to the civil complaint, in early 2022, an individual consigned the Cortés manuscript for online auction at a Massachusetts auction house. Mexican authorities alerted federal authorities in the United States that the manuscript being auctioned appeared to have been stolen. In turn, the auction house removed the manuscript from the upcoming auction and the manuscript was recovered.
The United States Attorney’s Office obtained a final order of forfeiture on February 27, 2023, and thereafter the Department of Justice authorized the manuscript’s return to Mexico.
“We are incredibly honored to be able to assist in the return of this national treasure to the people of Mexico. This manuscript, which is nearly five centuries old, preserves an important part of Mexico’s history, and reflects the FBI’s ongoing commitment to protect cultural heritage, not only in the United States but around the world,” said Christopher DiMenna, Acting Special Agent in Charge of the Federal Bureau of Investigation Boston Division. “The recovery of this priceless artifact is a direct result of our close and ongoing collaboration with the government of Mexico, and we are very thankful for their partnership.”
Anyone with information on stolen art and cultural property are encouraged to contact the FBI at 1-800-CALL FBI (1-800-225-5324). Tips may also be submitted online at https://tips.fbi.gov/.
Acting U.S. Attorney Levy and FBI Acting SAC DiMenna made the announcement. The civil forfeiture action was prosecuted by Assistant U.S. Attorney Carol E. Head, Chief of the Asset Recovery Unit. The Justice Department’s Office of International Affairs Mutual Legal Assistance Team provided crucial legal assistance to the Government of Mexico.
Two plead guilty to domestic violence related chargesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Two men have admitted to federal charges related to domestic violence.
Derik Wayne Bowers, age 44, of Hagerstown, Maryland, pled guilty today to one count of stalking. According to court documents, Bowers harassed and intimidated his ex-girlfriend in Berkeley County following their break-up, sometimes using social media to undermine her online business. Despite an emergency protection order granted to the victim, Bowers placed more than 800 phone calls to her during a 48-hour period and sent nearly 2,000 text messages in six months.
In a separate case, Rodney Allen Mayhew, age 43, of Martinsburg, pled guilty to one count unlawful possession of a firearm. According to the plea agreement, officers were called to Mayhew’s home to serve a protective order involving domestic violence. When officers arrived, Mayhew admitted to having firearms in the bedroom. Officers recovered two pistols and a rifle.
“The U.S. Attorney’s Office will aggressively pursue those engaged in domestic violence, in order to protect victims as well as the public at large,” said United States Attorney William Ihlenfeld.
Bowers is facing up to five years in prison. Mayhew is facing up to 15 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI investigated the Bowers case. The Mayhew case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Berkeley County Sheriff’s Office.
Assistant U.S. Attorney Kimberley Crockett is prosecuting the Bowers case on behalf of the government. Assistant U.S. Attorney Kyle Kane is prosecuting the Mayhew case.
U.S. Magistrate Judge Robert W. Trumble presided.
Two Tennessee Law Enforcement Officers Charged with Federal Civil Rights and Obstruction Offenses in Excessive Force CaseRead the Press Release
The Justice Department announced today that a federal grand jury returned a five-count indictment charging two Lawrence County, Tennessee, law enforcement officers with federal civil rights and obstruction offenses stemming from their use of unlawful force during the arrest of a 61-year-old man.
According to count one of the indictment, on Oct. 5, 2020, in Giles County, Tennessee, Sherriff’s Investigator Zach Ferguson and Deputy Eric Caperton, aiding and abetting each other, threw the victim, C.J., to the ground, struck him multiple times in the head without a legitimate law enforcement reason and caused his head to strike the pavement. C.J. suffered bodily injury as a result of the actions of Ferguson and Caperton. Counts two and three of the indictment further allege that Ferguson and Caperton each attempted to cover up their misconduct by filing a use of force report that falsely claimed the arrestee was on his knees when the defendants removed him from his van, and that omitted that the defendants, aiding and abetting each other, threw the arrestee to the pavement and struck him multiple times in the head. Counts four and five of the indictment allege that Ferguson and Caperton each obstructed justice by falsely telling criminal investigators that C.J.’s upper body never touched the ground during the arrest and falsely claiming that C.J.’s injuries were caused by punches that Ferguson delivered while the arrestee was still inside his van.
If convicted, Ferguson and Caperton face a maximum penalty of 10 years in prison for the excessive force charge and a maximum of 20 years in prison for the obstruction charges. Both defendants also face up to three years of supervised release and a fine of up to $250,000. A federal district court judge will determine any sentence after considering U.S. Sentencing Guidelines and other statutory factors.
The FBI Memphis Field Office investigated the case.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Henry C. Leventis for the Middle District of Tennessee, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division and Special Agent in Charge Douglas DePodesta of the FBI Memphis Field Office made the announcement.
Assistant U.S. Attorney Rascoe Dean for the Middle District of Tennessee and Special Litigation Counsel Michael J. Songer of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Two Members of Austin Fentanyl Distribution Organization Sentenced to Federal PrisonRead the Press Release
AUSTIN, Texas – Two Austin area men were sentenced Monday in federal court in Austin to more than seven years in prison for their involvement in a fentanyl distribution organization.
According to court documents, Christopher Brock, 25, of Pflugerville, and Marcos Roberto Garcia aka “Alex,” 20, of Somerton, Arizona, were arrested with other organization members on Jan. 4, 2022, on charges of distributing fentanyl in the Austin area. Brock served as a courier and retail dealer of counterfeit oxycodone tablets containing fentanyl. Garcia was identified as the main source of the supply, purchasing the pills from Mexico and, with the help of co-conspirators, orchestrating their shipment from Arizona to Austin via the U.S. Postal Service. Agents began investigating the organization in March 2021, in response to fentanyl overdoses in and around Austin.
On Monday, Brock was sentenced to 90 months in prison and three years of supervised release. Garcia was sentenced to 87 months in prison and four years of supervised release.
“The defendants in this case took part in a large enterprise of criminal activity and will now face federal prison time thanks to the united efforts of our law enforcement partners,” said U.S. Attorney Jaime Esparza of the Western District of Texas. “The penalties handed down to these young men should serve as examples to anyone who considers getting involved in these dangerous drug trafficking operations.”
"This sentence results from coordinated efforts that dissolved an enterprise profiting off our communities through manufacturing and distributing fake prescription pills laced with fentanyl," said Special Agent in Charge Daniel C. Comeaux of the DEA Houston Division. "Fake pills threaten the American people. We caution every person never to take any pharmaceuticals unless prescribed by a licensed physician and dispensed from a licensed pharmacy. DEA will continue to relentlessly pursue any individual or organization bringing these deadly fake pills into our communities."
Eight codefendants have been sentenced since January. Adi Martinez Marquez, 21, of San Luis Potosi, Mexico, was sentenced to 14 months in prison; Ezequiel Azmitia-Jimenez, 20, of Lockhart, was sentenced to 36 months; Fernando Beltran, 22, of Austin, and Oliver Garcia, 21, of Lockhart, each received 180-month prison sentences; Matthew Juan, 20, of Austin, was sentenced to 90 months in prison; Andres Ruben Ramirez, 24, of Austin, was sentenced to 48 months; Daemon Garcia, 20, of San Marcos, was sentenced to 30 months; and Michael Bauman, 19, of Austin, was sentenced to 12 months and one day in prison.
The DEA, FBI and U.S. Postal Inspection Service, along with the Austin, Cedar Park, San Angelo and San Marcos Police Departments investigated the case.
Assistant U.S. Attorney Mark Marshall prosecuted the case.
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Two Lawrence County Sheriff's Deputies Charged with Civil Rights & Obstruction ViolationsRead the Press Release
NASHVILLE – A federal grand jury returned a five-count indictment yesterday charging two Lawrence County, Tennessee, Sheriff’s deputies with federal civil rights and obstruction offenses stemming from their use of unlawful force during the arrest of a 61-year-old man.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Henry C. Leventis for the Middle District of Tennessee, Assistant Director Luis Quesada of the FBI's Criminal Investigative Division and FBI Special Agent in Charge Douglas DePodesta made the announcement.
According to the indictment, on Oct. 5, 2020, in Giles County, Tennessee, Sherriff’s Investigator Zach Ferguson and Deputy Eric Caperton, threw the victim to the ground, struck him multiple times in the head and caused his head to strike the pavement. As a result of these actions, the victim suffered serious injuries.
The indictment further alleges that the defendants attempted to cover up their misconduct by filing false reports. Finally, the indictment alleges the defendants obstructed justice by falsely telling criminal investigators that the victim’s upper body never touched the ground during the arrest and falsely claiming that the victim’s injuries were caused by punches that Ferguson delivered while the arrestee was still inside his van.
If convicted, the defendants face a maximum sentence of 10 years in prison for the excessive force charge and up to 20 years in prison for the obstruction charges. A federal district court judge would determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Memphis Field Office investigated the case. Assistant U.S. Attorney Rascoe Dean and Special Litigation Counsel Michael J. Songer of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty in a court of law.
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Tuscaloosa Man Convicted of Illegally Possessing 10 rounds of AmmunitionRead the Press Release
TUSCALOOSA, Ala. – A federal jury today found a convicted felon guilty of illegally possessing ammunition, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
The jury returned its guilty verdict against Deandrea Darnelle Young, 34, of Tuscaloosa, after two days of testimony before Chief U.S. District Court Judge L. Scott Coogler. Young was convicted of being a felon in possession of ammunition.
“It is not only a federal crime for a prohibited person to possess a firearm, but also to possess ammunition,” U.S. Attorney Escalona said. “Removing firearms and ammunition from prohibited persons is an integral part of our efforts to fight violent crime and to keep our families and communities safe. Alongside our law enforcement partners, we will continue to hold these individuals accountable.”
“Many people know that convicted felons are prohibited from possessing firearms, but a lesser-known fact is that they are also prohibited from possessing ammunition,” SAC Watson said. “We at ATF work tirelessly to keep our communities safe from the individuals who endanger our neighborhoods. We will continue to work with our state, local, and federal partners to protect the public from violent criminals.”
According to evidence presented at trial, on February 27, 2022, a Tuscaloosa Police Department officer conducted a traffic stop on Young. The officer made contact with Young and asked for his driver’s license and insurance. Young ignored the officer’s repeated requests for information and fled from the officer. The officer chased Young and found the abandoned vehicle in an apartment complex. During the search of the abandoned vehicle officers found 10 rounds of Igman 9mm ammunition underneath clothing belonging to Young. The officers did not find a firearm.
Young is prohibited from having ammunition because of multiple prior felony convictions. Young was convicted on January 10, 2013, in the U.S. District Court for the Northern District of Alabama, of Felon in Possession of a Firearm in case number 7:21-cr-00461-LSC-GMB; and was convicted on August 15, 2012, in the Circuit Court of Tuscaloosa County, Alabama, of two counts of Unlawful Possession of Marijuana, First Degree, in CC-2012-2072 and CC-2012-1389. On the same date, he was convicted of Unlawful Possession of a Controlled Substance in CC-2012-2073. On November 9, 2011, in the Circuit Court of Tuscaloosa County, Alabama, Young was convicted of Burglary, First Degree, in CC-2008-1527, and of Unlawful Possession of Marijuana, First Degree, in CC-2011-2381.
The maximum penalty for being a felon in possession of an ammunition is 10 years in prison.
The ATF investigated the case along with the Tuscaloosa Police Department. Assistant U.S. Attorneys Brittney L. Plyler and Catherine Crosby are prosecuting the case.
Troy Woman Pleads Guilty to Nationwide Marijuana and THC Trafficking ConspiracyRead the Press Release
ALBANY, NEW YORK – Rosemary Coles, age 71, of Troy, New York, pled guilty today to conspiring to distribute 1,000 kilograms or more of marijuana and tetrahydrocannabinols (THC).
United States Attorney Carla B. Freedman United States Attorney Carla B. Freedman; John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); Frank A. Tarentino III, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division; Chief Daniel DeWolf of the Troy Police Department; and Matthew Scarpino, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), made the announcement.
In pleading guilty, Coles admitted to being a member of a marijuana and THC trafficking organization that cultivated marijuana on a commercial scale in Fresno, California, and shipped thousands of kilograms of marijuana and THC from Fresno to locations throughout the United States, including the Capital Region.
The packages of marijuana were shipped through UPS and FedEx from a shipping store in Fresno, Fast Pack & Ship, by Dwight A. Singletary II, aka “Nutt,” and McKenzie Merrialice Coles, aka “Kenzie,” who is the defendant’s daughter. Coles received the shipments of marijuana at her home in Troy and also coordinated the receipt of shipments of marijuana by Victor Turner and JuneAllyson Osman, aka “Juney,” at their homes in Troy. The marijuana in the packages, which were often sealed with eBay packing tape, was concealed in dog food containers and suitcases, and was typically picked up from Coles by David Singletary, aka “DB.”
Coles, Turner, and Osman were paid between $300 and $400 for each package of marijuana they received, and Coles routinely delivered payment to Tuner and Osman. Coles typically received payment from David Singletary.
Coles admitted to receiving approximately 104 packages containing a total of approximately 811 kilograms (1,788 pounds) of marijuana at her home between August 2018 and May 2022. She also admitted that Turner and Osman respectively received approximately 53 and 30 packages containing a total of 382 kilograms (842 pounds) and 226 kilograms (498 pounds) of marijuana at their respective homes between March 2020 and June 2022.
In addition to receiving and delivering packages of marijuana, Coles admitted to selling THC “edibles” shipped by her daughter, McKenzie Coles, from Fresno to Troy.
Coles faces at least 10 years and up to life in prison and a maximum fine of $10 million at sentencing. She will also be required to serve at least five years and up to a lifetime term of supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Coles was charged in an indictment with Dwight and David Singletary, McKenzie Coles, Turner, Osman and 18 other people charging marijuana distribution and money laundering conspiracies, firearms offenses, and other crimes. Dwight Singletary, David Singletary, McKenzie Coles, and Osman have pled not guilty and are presumed innocent unless and until proven guilty. The charges in the indictment are merely accusations.
Turner and three other defendants, Kristle Walker, Latrice Mumphrey, and Sammy Olague, previously pled guilty and are pending sentencing.
The ATF, DEA, Troy Police Department, and HSI are investigating the case. Assistant U.S. Attorneys Cyrus P.W. Rieck and Dustin C. Segovia are prosecuting the case.
This prosecution 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.
Three Foreign Nationals Sentenced for Operating an International Fentanyl Trafficking OrganizationRead the Press Release
Three foreign nationals were sentenced in the District of North Dakota for their roles in an international fentanyl distribution conspiracy.
Daniel Vivas Ceron, 43, of Colombia, was sentenced today to 27 years in prison. According to court documents, Ceron – while in prison in Quebec, Canada – was the leader and organizer of an international criminal enterprise that distributed large amounts of fentanyl. Using a contraband cell phone from inside the prison, Ceron and co-conspirator Jason Joey Berry, 40, of Montreal, Canada, arranged shipments of fentanyl and fentanyl analogues from China to Canada and the United States as part of the criminal enterprise. The distribution of these substances in the United States led to 15 overdoses, four of which were fatal, and 11 of which caused serious bodily injury.
On July 24, Berry was sentenced to 24 years in prison. Berry coordinated the acquisition of fentanyl and fentanyl analogues from China, the receipt the drugs in Canada, and the further distribution of fentanyl products to the United States.
On July 17, co-conspirator Xuan Cahn Nguyen, aka Jackie, aka Jackie Chan, 43, of Point-Aux-Tremble, Quebec, Canada, was sentenced to 22 years in prison. Nguyen assisted Berry and Ceron in acquiring fentanyl, distributing the drugs to the United States, and collecting the narcotics proceeds.
“The defendants whose sentences we are announcing today purchased fentanyl from global suppliers in China and elsewhere and conspired to sell it here in the United States,” said Attorney General Merrick B. Garland. “These cases reflect the Justice Department’s commitment to going after every link in this global supply chain and to holding accountable those who profit from this deadly drug at the expense of families in North Dakota and across the country.”
“The sentences announced in these cases are the result of partnerships across the U.S. government and with allies around the world to disrupt and dismantle the global supply-and-delivery chain flooding fentanyl across borders,” said Deputy Attorney General Lisa O. Monaco. “Today’s sentences also represent hard-won justice for the victims of this international trafficking enterprise, their loved ones, and their communities. The Department of Justice is grateful to the Royal Canadian Mounted Police for their invaluable assistance in this case. We must continue to work hand-in-hand with our partners in Canada and Mexico to fight the deadly threat posed by fentanyl in North America.”
“These defendants are responsible for fentanyl poisoning deaths in North Dakota and several other states, and today’s strong sentence ensures accountability for those crimes,” said U.S. Attorney Mac Schneider for the District of North Dakota. “This result is a credit to the tireless work and seamless cooperation exhibited by our office’s prosecution team and their law enforcement partners in North Dakota, across the country, and in Canada.”
“Disrupting large drug trafficking networks, like the Ceron Network, is vitally important to our ongoing effort to combat the fentanyl crisis in America and save innocent lives,” said U.S. Attorney Natalie Wight for the District of Oregon. “Networks like these span jurisdictions and stopping them requires robust coordination among many domestic and international partners.”
“Homeland Security Investigations (HSI) plays a pivotal role in disrupting the flow of illicit narcotics at every point in the drug supply chain – we will continue to work collaboratively and aggressively with our partners wherever transnational criminal organizations source and manufacture these deadly substances that earn substantial profit by selling this poison across the communities we seek to protect,” said Executive Associate Director Katrina W. Berger of HSI. “HSI continues to advance its broad strategy to combat illicit opioids and today’s sentencings are one more testament to that commitment.”
Operation Denial has led to 31 defendants charged in the District of North Dakota and three defendants charged in the District of Oregon. The investigation has resulted in nearly $1 million in cash and property forfeited from members of the organization. In addition to Ceron, Berry, and Nguyen, defendants sentenced or convicted in this case include[1]:
District of North Dakota
- Jameson Robert Sele, 20, of Grand Forks, North Dakota, was sentenced on July 27, 2015, to three years in prison for conspiracy to distribute controlled substances.
- Ryan Jon Jensen, 20, of Grand Forks, was sentenced on Feb. 2, 2016, to 20 years federal prison for conspiracy to distribute controlled substances resulting in serious bodily injury and death; two counts of distribution of a controlled substance resulting in death; distribution of a controlled substance resulting in serious bodily injury; and money laundering conspiracy.
- David Todd Noye Jr., 18, of Grand Forks, was sentenced on Jan. 25, 2016, to three years and three months in prison for conspiracy to distribute controlled substances.
- Joshua Tyler Fulp, 20, of Grand Forks, was sentenced on Jan. 26, 2016, to 12 years in prison for conspiracy to distribute controlled substances resulting in serious bodily injury and death.
- Kain Daniel Schwandt, 19, of Grand Forks, was sentenced on Jan. 25, 2016, to three and a half years in prison for conspiracy to distribute controlled substances.
- Brandon Corde Hubbard, 40, of Portland, Oregon, was sentenced on Sept. 14, 2021, to 22 years in prison for conspiracy to distribute controlled substances resulting in serious bodily injury and death; distribution of a controlled substance resulting in death; and money laundering conspiracy.
- Braden James Foley, 28, of Olympia, Washington, was sentenced on Nov. 21, 2016, to two and a half years in prison for conspiracy to possess with intent to distribute and distribution of a controlled substance.
- Amanda Schneider, of Port St. Lucie, Florida, was sentenced on Jan. 17, 2019, to one year and three months in prison for conspiracy to possess with intent to distribute and distribution of a controlled substance.
- Danny Gamboa, 21, of Pawtucket, Rhode Island, was sentenced on Feb. 27, 2019, to two years and one month in prison for conspiracy to possess with intent to distribute and distribution of a controlled substance.
- Keveen Nobre, 29, of Providence, Rhode Island, was sentenced on April 17, 2019, to two and a half years in prison for conspiracy to possess with intent to distribute and distribution of a controlled substance.
- Robinson Gomez, 35, of Charlotte, North Carolina, was sentenced on April 17, 2019, to 15 years in prison for conspiracy to possess with intent to distribute and distribution of a controlled substance.
- David Campbell, 58, of Plantation, Florida, was sentenced on April 17, 2019, to 10 years in prison for conspiracy to possess with intent to distribute and distribution of a controlled substance.
- Elizabeth Ton, 27, of Woonsocket, Rhode Island, was sentenced on March 8, 2019, to three years and five months in prison for money laundering conspiracy.
- Louis Bell, 31, of Port St. Lucie, was sentenced on April 18, 2019, to 17 years in prison for conspiracy to possess with intent to distribute and distribution of a controlled substance.
- Anthony Gomes, 34, of Woonsocket, was sentenced on July 30, 2021, to 30 years in prison for conspiracy to possess with intent to distribute, distribution of a controlled substance resulting in serious bodily injury and death, and money laundering conspiracy.
- Jose Pinto, 64, of Pawtucket, was sentenced on Jan. 20, 2022, to time served and two years of supervised release for tampering with evidence.
- Eugenia Pinto, 64, of Pawtucket, entered into a pre-trial diversion agreement on Nov. 18, 2021, for a term of one and a half years after admission to obstruction of justice and evidence tampering.
- Steven Pinto, 40, of Pawtucket, was sentenced on Oct. 14, 2021, to 33 years in prison for continuing criminal enterprise, conspiracy to distribute and import controlled substances, and obstruction of justice.
- Vannek Um, 45, of Montreal, pleaded guilty on March 14 to money laundering conspiracy. Vannek Um is scheduled to be sentenced on Aug. 8.
- Marie Um, 42, of Montreal, was convicted in April of conspiracy to distribute and import controlled substances resulting in serious bodily injury and death and money laundering conspiracy. Marie Um is scheduled to be sentenced on Sept. 5.
District of Oregon
- Channing Lacey, 30, of Portland, was sentenced on Aug. 28, 2017, to 11 years and three months in prison for one count of distribution of a controlled substance resulting in serious bodily injury to three individuals and one count of distribution of a controlled substance resulting in death.
- Carissa Marie Laprall, 25, of Portland, was sentenced on Jan. 30, 2020, to time served with five years of supervised release for three counts of distribution of a controlled substance resulting in serious bodily injury.
- Steven Fairbanks Locke, 41, of Portland, was sentenced on Sept. 4, 2017, to time served and a term of supervised release for use of a communication facility to facilitate a drug offense.
On Aug. 31, 2021, the U.S. Department of State offered a reward of up to $5 million for information leading to the arrest and/or conviction of People’s Republic of China (PRC) national Jian Zhang, a fugitive in this transnational investigation. Additional fugitives from China include Na Chu, 37, Pulandian City, Liaoning Province, China; Yeyou Chu, 36, Pulandian City, Liaoning Province, China; Cuiying Liu, 62, Dezhou City, Shangdong Province, China; and Keping Zhang, 62, Dezhou City, Shangdong Province, China.
Homeland Security Investigations; North Dakota Bureau of Criminal Investigation; U.S. Drug Enforcement Administration; U.S. Postal Inspection Service; IRS-Criminal Investigation’s St. Louis Field Office; Grand Forks Narcotics Task Force; Royal Canadian Mounted Police; Portland Oregon Police Bureau – Drugs and Vice Division, Portland HIDTA Interdiction Task Force; Oregon State Police; and the Grand Forks Police Department investigated the case.
The Justice Department’s Office of International Affairs provided significant assistance in securing foreign evidence and the extradition of four Operation Denial defendants: Nguyen, Berry, Vannek Um, and Marie Um.
Assistant Deputy Chief Kaitlin Sahni and Trial Attorney Imani Hutty of the Criminal Division’s Narcotic and Dangerous Drug Section, Assistant U.S. Attorney Christopher C. Myers for the District of North Dakota, and Assistant U.S. Attorney Scott Kerin for the District of Oregon prosecuted the case.
Operation Denial is an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and fentanyl analogues and was significantly aided by the national and international coordination led by the multi-agency Special Operations Division. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
The investigation started on Jan. 3, 2015, with the overdose death of Bailey Henke in Grand Forks, North Dakota, and eventually led to the indictment, and subsequent conviction, of multiple defendants.
[1] Ages reflected are ages at the time of sentencing.
Thomas Jefferson University to Pay $2.7 Million to Resolve Allegations of Improper Use and Retention of Federal Student Loan FundsRead the Press Release
Philadelphia, PA – United States Attorney Jacqueline C. Romero announced today that Thomas Jefferson University will pay $2.7 million to resolve allegations that it misused and improperly retained federal funds intended to be used for student loans.
The allegations arise from a loan program established by Congress to address the nation’s shortage of primary care physicians. Under the program administered by the U.S. Department of Health and Human Services’ Health Resources and Services Administration (“HRSA”), the government issues a Primary Care Loan award to a medical school to establish a revolving loan account to provide loans on favorable terms to students willing to commit to practicing in primary care for ten years after completing their medical degree (a “PCL Fund”). Under the terms of the program, participating medical schools must loan monies in the PCL Fund to medical students who meet the program’s qualifications. The school is to add any earnings that accrue on the PCL Fund back into the fund, thereby increasing the monies available to lend and expanding the program’s impact. Any monies in the PCL Fund that exceed a school’s PCL Program lending needs must be returned to HRSA annually so they can be made available to students at other medical schools participating in the program.
The settlement resolves allegations that between 2009 and 2016, Jefferson invested nearly all of its PCL Fund with its endowment, and retained the resulting earnings for its own purposes, in violation of loan program terms. Specifically, the settlement resolves allegations that Jefferson improperly invested federal monies expressly intended to be loaned to qualified medical students to finance their medical education, and retained all returns gained from that investment. These actions allegedly violated HRSA student loan program requirements that: (1) program monies be used only for loans to students and program-related expenditures; (2) any excess cash in the PCL Fund (any amount of the monies not actively on loan or projected to be in the near future) be kept in federally insured accounts “whenever possible;” (3) all earnings accrued on the PCL Fund be placed into the fund to be used to further the program’s purpose; and (4) any excess funds not needed for student loans, including any earnings accrued on any idle funds, be returned to HRSA annually.
Jefferson returned approximately $5.6 million of excess cash in the PCL Fund to HRSA in 2017. The settlement announced today resolves claims relating to the earnings Jefferson is alleged to have gained as a result of its investment of the PCL Fund between 2009 and 2016, and its retention of those earnings, in violation of program terms.
“The Federal financial aid money in the Primary Care Loan program must be used for its intended purpose or returned to the program,” said U.S. Attorney Romero. “When a medical school wrongfully retains Primary Care Loan program funds that exceed its lending needs, it doesn’t just deprive students at other participating schools the opportunity to use that money to finance their educations. It deprives our communities of the very resource the program was implemented by Congress to provide—primary care physicians to keep them healthy and strong. Our office is dedicated to helping HRSA and our other federal partners maintain the integrity of their programs, and to ensure that taxpayer dollars are used for their intended public good and not private investment income.”
“When schools agree to participate in the Primary Care Loan program, they must carefully account for these federal funds to ensure that taxpayer dollars are used for public good. When a school wrongfully keeps these funds from the program, it prevents other recipients from using them to meet the primary care needs of the community,” said Maureen R. Dixon, Special Agent in Charge for the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “We will continue to work with our partners at HRSA and the U.S. Attorney’s Office to investigate allegations relating to any misuse—including wrongful retention—of federal funds.”
“HRSA takes proper management and oversight of financial assistance seriously,” said Cynthia Baugh, HRSA’s Associate Administrator of the Office of Federal Assistance Management and Chief Grants Management Officer. “We appreciate the collaboration with the U.S. Attorney’s Office and will continue to actively work with our law enforcement partners when we identify potential misuse of federal funds.”
The investigation was conducted by the Office of the Inspector General of the U.S. Department of Health and Human Services and the United States Attorney’s Office for the Eastern district of Pennsylvania. The investigation and settlement were handled by Assistant United States Attorney Lauren DeBruicker, Auditor Dawn Wiggins, and Fraud Investigator Jeffrey Braun.
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Texas Woman Pleads Guilty to Drug Trafficking Charge, Faces up to Life in PrisonRead the Press Release
ALPINE, Texas – A Presidio County woman pleaded guilty today in a federal court in Alpine to one count of possession with intent to distribute methamphetamine and fentanyl.
According to court documents, Cherakee Lee Perez, 33, provided a negative declaration during a Customs and Border Patrol vehicle inspection at the Presidio Port of Entry from Mexico into the U.S. A narcotic detection canine discovered more than three dozen packages hidden in the vehicle. 29 of packages contained approximately 4.5 kilograms of methamphetamine, while the other 13 contained seven kilograms of fentanyl.
Perez is scheduled to be sentenced on Oct. 23 and faces a penalty of 10 years to life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Francisco B. Burrola of the Homeland Security Investigations El Paso Division made the announcement.
HSI is investigating the case.
Assistant U.S. Attorney Scott Greenbaum is prosecuting the case.
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Tacoma man arrested for production of child sexual abuse materialRead the Press Release
Tacoma – A 27-year-old Tacoma resident was charged by federal criminal complaint today with production of child pornography, announced Acting U.S. Attorney Tessa M. Gorman. Demitri Super will appear in U.S. District Court in Tacoma today. He is being detained at the Federal Detention Center at SeaTac pending further hearings.
According to records filed in the case, a foreign law enforcement organization contacted the Homeland Security Investigations (HSI) Computer Crimes Center about a Skype video showing the rape of an infant. HSI quickly worked to identify the person in the video and agents interviewed and arrested Super today. The victim child has been identified and the parents have been notified.
Production of child pornography is punishable by a mandatory minimum 15 years in prison and up to 30 years in prison.
The charges contained in the criminal complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by Homeland Security Investigation (HSI) and the case is being prosecuted by Assistant United States Attorney Matthew Hampton.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better 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.
St. Louis County Man Admits Stealing Veterans' Disability BenefitsRead the Press Release
ST. LOUIS – A man from St. Louis County, Missouri on Tuesday admitted stealing $106,245 in Department of Veterans Affairs disability benefits by fraudulently claiming various medical conditions.
Charles Adams, 50, of Berkeley, pleaded guilty in front of U.S. District Judge Henry E. Autrey to theft of government funds.
Adams underwent multiple medical evaluations after he applied for increased disability benefits due to service-connected degenerative disc disease with degenerative arthritis. In April 2017, he reported difficulty getting out of bed some mornings and an inability to stand for extended lengths of time. A Department of Veterans Affairs examiner noted that Adams walked slowly and with a marked limp. At a November 2017 back examination, Adams demonstrated severe limitations in his range of motion, rotation, and other use of his back. However, soon after the examination and again in March 2018, Adams performed various strenuous exercises with high levels of resistance, including deep squats, leg presses with over 800 pounds of resistance, rope pulldowns, and other high intensity exercises or movements that were inconsistent with the level of back limitations he demonstrated at his examinations, his plea agreement says.
Videos posted to Instagram, under the username @tlf_trainer, show Adams lifting heavy weights and squatting, in late 2017 and March 2018. The videos contradict Defendant’s claims that he was limited in his abilities to lift, squat, bend, stand, walk and sit, his plea agreement says.
Adams filed for Department of Veterans Affairs individual unemployability benefits in February 2018. Included in his application was a statement from a doctor stating that he was very limited in movements including bending, stooping, twisting, lifting more than 25 pounds above shoulder height, kneeling, running, jumping and standing.
Adams also applied for Social Security Disability Insurance benefits in August of 2019 after a January 2017 application was rejected. In his second application, Adams represented that his medical conditions affected his abilities to lift, squat, bend, stand, walk, and sit. He never reported going to Club Fitness for workouts, however. Adams checked into Club Fitness the day before a July 7, 2020 hearing for his second disability application, later on the same day as his hearing and the day after.
Adams continued to work out at Club Fitness in 2020 and 2021. In June 2021, Defendant attended a medical review for the VA. Investigators watched as Adams walked normally and lifted and carried bags of trash before going to his examination. When he arrived for the examination, he used a cane to walk and did so at a much slower pace.
Adams is scheduled to be sentenced October 25. The charge carries a maximum penalty of 10 years in prison, a $250,000 fine or both. He will also be ordered to repay the money.
The case was investigated by the U.S. Department of Veterans Affairs Office of Inspector General and the Social Security Administration Office of Inspector General. Assistant U.S. Attorney Diane Klocke is prosecuting the case.
South Florida Resident Sentenced in Elaborate Prescription Medication Diversion SchemeRead the Press Release
MIAMI – A 37-year-old South Florida resident, Eladio Vega, was sentenced yesterday to 87 months in prison, followed by three years of supervised release, for his role in a widespread fraud scheme involving the distribution of adulterated and misbranded cancer, HIV, psychiatric, and other expensive prescription medications to unsuspecting patients. In May, Vega pleaded guilty to one count of conspiracy to traffic misbranded and adulterated drugs in violation of Title 18, United States Code, Section 670.
The prescription medication diversion fraud scheme involved a division of labor, in which street-level dealers obtained the medicines and supplied them to participants who inspected, cleaned, and packaged the drugs for shipment to others with established pharmaceutical wholesale companies.
The wholesale company owners prepared fraudulent documentation, falsely representing that legitimate drug manufacturers had provided the medications to them. In fact, the suppliers had acquired the drugs through health care fraud, theft or burglary, or by buying the medications from patients who obtained prescriptions but chose to sell them rather than take their medicines. With the false documentation, the company owners then sold the newly misbranded medications to retail pharmacies. In turn, the retail pharmacies sold the medications to patients who did not know the real source of the drugs, which had been stored and transported with no regard to temperature, light, humidity, or other maintenance controls.
To conceal the nature of their criminal enterprise and the identities of those profiting from it, conspirators routed money obtained from sales of the mislabeled and adulterated drugs through the bank accounts of multiple shell companies.
To date, 17 defendants have been indicted in connection with this case, 15 of whom have pleaded guilty and been sentenced to prison, except for a corporation defendant, which was sentenced to a forfeiture of $78 million.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida; Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office; and Special Agent in Charge Justin C. Fielder of the U.S. Food and Drug Administration, Office of Criminal Investigations (FDA-OCI), Miami Field Office, announced the sentence.
FBI Miami and FDA-OCI Miami investigated the case. Assistant U.S. Attorney Frank Tamen prosecuted it. Assistant U.S. Attorney Nicole Grosnoff is handling asset forfeiture.
This operation 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 19-cr-20674.
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South Carolina Man Charged with Sex Trafficking of Four Victims, including a MinorRead the Press Release
A federal grand jury in Florence, South Carolina, returned an indictment charging a South Carolina man with three counts of sex trafficking by force, fraud or coercion, one count of sex trafficking of a minor, two counts of interstate travel in aid of racketeering and one count of obstructing a sex trafficking investigation.
According to the indictment, between August 2019 and August 2020, Aaron T. Simmons, 26, of Greenville, used force, threats of force and coercion to compel three adult women to engage in commercial sex. The indictment also charges Simmons with sex trafficking of a minor victim.
Simmons will make his initial court appearance before a U.S. Magistrate Judge in the District of South Carolina. It is initially scheduled for July 28. If convicted of sex trafficking by force, fraud, or coercion, Simmons faces a minimum penalty of 15 years in prison and up to life in prison. If convicted of sex trafficking of a minor, Simmons faces a minimum penalty of 10 years in prison and up to life imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Adair F. Boroughs for the District of South Carolina and Special Agent in Charge Steven J. Jensen of the FBI Columbia Field Office made the announcement.
The Greenville Police Department and the FBI Greenville Field Office investigated the case.
Assistant U.S. Attorney Carrie Fisher Sherard for the District of South Carolina and Trial Attorney Francisco Zornosa of the Civil Rights Division’s Human Trafficking Prosecution Unit are prosecuting the case.
The FBI is asking anyone with information about Aaron Simmons to contact the FBI Columbia Field Office at (803) 551-4200. If you or someone you know is a victim of human trafficking, please call the National Human Trafficking Hotline at (888) 373-7888.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
IndictmentSioux City, Iowa Man Sentenced to 15 Years for Role in Conspiracy to Possess Stolen FirearmsRead the Press Release
Ian Bigler, age 34, from Sioux City, Iowa, received the prison term after a pleading guilty to one count of conspiracy to possess stolen firearms and one count of possession of a firearm by a felon and drug user.
Evidence in the case revealed that on October 1, 2021, Bigler participated in a home burglary where he and a coconspirator stole 10 guns. The burglary was planned in advance, and Bigler used diversions to insure the home was empty when the burglary was committed. Afterward, Bigler took several steps to conceal the conspiracy. On October 11, 2021, Bigler, fled from police in a 2008 white Dodge Ram pickup truck that contained evidence of the burglary (including a pistol which had been stolen during the burglary). On October 15, 2021, Bigler equipped himself with a bulletproof vest and two firearms (including a Pistol, which had been stolen during the burglary) and a shortened shotgun, secreted himself from law enforcement in a home in North Sioux City, South Dakota, and held another person against his/her will. Additionally, at various times Bigler researched the internet for ways to conceal the conspiracy. The topics included: “how does the FBI track you,” “how to hide,” “how to beat drones,” and “us marshals wanted list.”
Additionally, Bigler was also held accountable for a November 15, 2020, incident where he brandished a firearm in an apparent attempt to rob or extort a local business.
Bigler has a lengthy criminal history. He was previously convicted of several felonies: burglaries, willful injury, and misdemeanor assault while displaying a firearm, amongst other crimes.
Bigler was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 180 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is 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.
Bigler is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by LeMars, Iowa Police Department, Sioux City, Iowa Police Department, and ATF, and was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4022.
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Sioux City Man Who Illegally Possessed a Gun Sentenced to More Than 8 Years in Federal PrisonRead the Press Release
A man who called himself “Capone” was sentenced on July 21, 2023, to over 8 years in federal prison.
Randy Hall, age 39, from Sioux City, Iowa, received the prison term after a March 13, 2023, guilty plea to possession of a firearm by a felon and an unlawful drug user.
Evidence in the case showed when Hall was arrested on outstanding state warrants, he was in possession of a loaded 9mm semiautomatic pistol. Hall had secreted the weapon on his person and then tried to hide it in the police cruiser that was being used to transport him to jail. The firearm was discovered.
Hall has a lengthy criminal history including: assault on a police officer, conspiracy to distribute methamphetamine, escape, theft in the 1st degree, operating a motor vehicle while intoxicated, and a pervious felon in possession of a firearm among other crimes.
Hall was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 97 months’ and 22 days imprisonment (which was a sentence of 108 months adjusted for time served). He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is 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.
Hall is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Sioux City, Iowa Police Department and was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-04089.
Follow us on Twitter @USAO_NDIA
Sioux City Man Sentenced to More Than 8 Years Federal Prison for Illegal Possession of a Firearm.Read the Press Release
A man who followed a couple into two separate businesses and a Sioux City home, all while confronting them with a gun, was sentenced on July 21, 2023 to more than 8 years in federal prison.
Rico Willis, age 45, from Sioux City, Iowa, received the prison term after a pleading guilty to possession of a firearm by a felon, unlawful drug user and domestic abuse misdemeanant on March 2, 2023.
Evidence in the case showed that on August 29, 2022, Willis followed two individuals into two separate businesses, then to a Sioux City home, all while confronting them with a gun. Outside of the home, Willis struck one the individuals in the head with the gun, causing it to discharge, and knocking the individual to the ground. Willis then fled the scene. A concerned citizen recorded the incident and provided the recording to law enforcement.
Willis has a long criminal history including convictions for: felon in possession of a firearm, unlawful use of a weapon, 2nd degree robbery, harassment, domestic assault, and numerous drug crimes.
Willis was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 106 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is 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.
Willis is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by Sioux City, Iowa Police Department, and was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4092.
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Seven Charged in International Fraud ConspiracyRead the Press Release
50 Elderly Victims Lost $11 million
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten announced today that seven people were charged in a federal grand jury indictment, unsealed this week, accused of participating in a conspiracy that stole $11 million from 50 victims in West Michigan and around the country. Most of the victims were elderly.
“Elder fraud schemes prey on some of our nation’s most vulnerable citizens,” said U.S. Attorney Totten. “It’s critical to raise awareness of elder fraud to help protect our older loved ones from these types of crimes. My office is committed to fighting all types of elder abuse in our community.”
According to the indictment, victims of the conspiracy received a pop-up or other message on their computers warning that a virus had infected their devices. The messages urged the victims to call a number to get help. When the victims called the number provided, they got a response from someone claiming to work for a tech company, such Microsoft or Apple. In truth, they were scammers located in India, who scared the victims into giving money to the conspiracy with a variety of different ruses.
In one version of the scam, victims were told that their bank accounts had been compromised and they needed to withdraw all of their cash and give it to fake “federal agents” for safekeeping. In another version, victims were told that their computers had been infected by a virus and they needed to pay for technical support. In a third version, victims were told that they had been identified in a criminal investigation and needed to turn over money to clear their names. Regardless of which ruse was used, the end result was the same: victims were convinced to give $11 million to the scammers. Victims did this during in-person meetings with fake “federal agents,” by mailing boxes of cash to addresses provided by the scammers, by wire transfers to bank accounts controlled by the scammers, or through gift cards they purchased at the direction of the scammers.
According to the indictment, the following defendants were the U.S.-based members of the conspiracy who collected fraud proceeds from victims on behalf of the conspiracy:
Name
Age
Location
Pragneshbhai M. Patel
51
Amityville, New York
Everette Jhmal Thibou
30
Tampa, Florida
Jayesh J. Panchal
54
Hicksville, New York
Vijaya C. Shetty
52
Jackson Heights, New York
Jmyla Elaine Sha’taria White
28
Thonotosassa, Florida
Jorrel Tyler Jackson
31
Riverview, Florida
Mckhaela Katelynn McNamara
27
Flint, MI
The indictment alleges that Panchal and McNamara made six trips to meet with a victim in Lake County, Michigan, to collect $398,000 in fraud proceeds from her. The victim had been convinced that her bank accounts had been compromised and that she was giving cash to “federal agents” for safekeeping. It is alleged that Thibou helped arranged the meetings with the Lake County victim. The indictment alleges that others around the country similarly fell victim to the scam.
Earlier this year, two alleged members of the conspiracy located in India were arrested by the Delhi Police Special Cell. FBI’s Legal Attaché New Delhi provided investigative assistance to the Indian authorities.
“Today’s indictment reflects the commitment of the FBI and our partners to protect older Americans from financial scams,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI’s Detroit Field Office. “These defendants allegedly defrauded victims by preying on their vulnerabilities. If you believe that you or someone you know may be a victim of elder fraud, submit a tip to the National Elder Fraud Hotline at 1-833-FRAUD-11 (1-833-372-8311).”
According to the FBI’s 2022 Elder Fraud Report, 88,262 people over 60 were victimized in 2022, resulting in the loss of $3.1 billion, an 84% increase from 2021. Tech support and customer service schemes were the most common types of fraud reported.
Elder Fraud Prevention Tips
- Recognize scam attempts and end all communication with the perpetrator.
- Search online for the contact information (name, email, phone number, addresses) and the proposed offer. Other people have likely posted information online about individuals and businesses trying to run scams.
- Resist the pressure to act quickly. Scammers create a sense of urgency to produce fear and lure victims into immediate action. Call the police immediately if you feel there is a danger to yourself or a loved one.
- Be cautious of unsolicited phone calls, mailings, and door-to-door services offers.
- Never give or send any personally identifiable information, money, jewelry, gift cards, checks, or wire information to unverified people or businesses.
- Make sure all computer anti-virus and security software and malware protections are up to date. Use reputable anti-virus software and firewalls.
- Disconnect from the internet and shut down your device if you see a pop-up message or locked screen. Pop-ups are regularly used by perpetrators to spread malicious software. Enable pop-up blockers to avoid accidentally clicking on a pop-up.
- Be careful what you download. Never open an email attachment from someone you don't know and be wary of email attachments forwarded to you.
- Take precautions to protect your identity if a criminal gains access to your device or account. Immediately contact your financial institutions to place protections on your accounts and monitor your accounts and personal information for suspicious activity.
This investigation was conducted jointly by FBI Detroit, Grand Rapids Office, Homeland Security Investigations, New Orleans, Louisiana, and the Lake County, Michigan, Sheriff’s Office. Additional investigative assistance was provided by the Delhi Police Special Cell, FBI’s Legal Attaché New Delhi, the U.S. Attorney’s Office for the Eastern District of Louisiana, the New Holland, Pennsylvania, Police Department, the Tennessee Highway Patrol, DEA Chattanooga, FBI New York, and FBI Tampa. The prosecution is being handled by Assistant United States Attorney Clay Stiffler.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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SSNDOB Marketplace Administrator Pleads Guilty to Charges Related to His Operation of A Series of Websites That Sold Millions of Social Security NumbersRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg, along with Special Agent in Charge Kareem Carter for the IRS - Criminal Investigation Washington D.C. Field Office, and Special Agent in Charge David Walker for the FBI - Tampa Division, announces that Vitalii Chychasov (37, Ukraine) has pleaded guilty to conspiracy to commit access device fraud and trafficking in unauthorized access devices relating to his administration of SSNDOB Marketplace, a series of websites that operated for years and were used to sell personal information, including the names, dates of birth, and Social Security numbers belonging to individuals in the United States. The SSNDOB Marketplace has listed the personal information for millions of individuals in the United States, generating more than $19 million in sales revenue. On June 7, 2022, seizure orders were executed against the domain names of the SSNDOB Marketplace, effectively ceasing the website’s operation.
Chychasov faces a maximum penalty of 15 years in federal prison, and as part of his plea agreement, he has agreed to forfeit the internet domains BLACKJOB.BIZ, SSNDOB.CLUB, SSNDOB.VIP, and SSNDOB.WS, which were used to commit the offenses and were part of the series of domains that comprised the “Marketplace.” Chychasov also agreed to a forfeiture money judgment in the amount of $5 million, the proceeds of the access device fraud.
Chychasov was arrested in March 2022 while attempting to enter Hungary; and was extradited to the United States in July 2022. A second SSNDOB Marketplace administrator, Sergey Pugach, was arrested in May 2022.
According to court records, the SSNDOB administrators created advertisements on dark web criminal forums for the Marketplace’s services, provided customer support functions, and regularly monitored the activities of the sites, including monitoring when purchasers deposited money into their accounts. The administrators also employed various techniques to protect their anonymity and to thwart detection of their activities, including strategically maintaining servers in various countries, and requiring buyers to use digital payment methods.
Stolen Social Security numbers can be used to commit a variety of frauds, including United States tax fraud, unemployment insurance fraud, loan fraud, credit card fraud, and the like. Investigators determined that a single buyer from the site used stolen personal identifying information that he purchased to steal and launder nearly $10 million.
The U.S. investigation was led by the IRS - Criminal Investigation Cyber Crimes Unit and the FBI – Tampa Division, with assistance from the IRS-Criminal Investigation’s Tampa Field Office. Substantial assistance was also provided by the Department of Justice’s Office of International Affairs, the FBI’s Legal Attaché Offices responsible for Latvia and Cyprus, the Latvian Police, and the Cypriot authorities.
The case is being prosecuted by Assistant United States Attorney Rachel Jones and the asset forfeiture is being handled by Assistant United States Attorney Suzanne Nebesky.
Roofing Company Principal Arrested for Failing to Protect an Employee Who Fell to His DeathRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Jonathan Mellone, the Special Agent in Charge of the Northeast Region of the U.S. Department of Labor, Office of the Inspector General (“DOL-OIG”), announced today that JOSE LEMA, a/k/a “Jose Lema Mizhirumbay,” the founder and principal of ALJ Home Improvement, Inc., a New York roofing company, was charged with willfully violating Occupational Safety and Health Administration (“OSHA”) regulations, resulting in the death of an employee (“Victim-1”) in New Square, New York, on or about February 8, 2022. The Complaint charges that LEMA failed to ensure employees wore fall protection systems, and Victim-1 fell off the roof of a building under construction and died. LEMA was arrested this morning at his home in Nanuet, New York, and will be presented before U.S. Magistrate Judge Victoria Reznik in White Plains federal court later today.
U.S. Attorney Damian Williams said: “As alleged, Lema endangered the safety of his workers by disregarding regulations and failing to ensure his employees used fall protection systems. This conduct led to the death of a roof worker on a construction site. Today’s charge should serve as a reminder to small businesses that failure to comply with safety regulations can lead to unnecessary and preventable tragedy.”
DOL-OIG Special Agent in Charge Jonathan Mellone said: “An important part of the mission of the Office of Inspector General is to investigate allegations of criminal misconduct related to U.S. Department of Labor programs. We will continue to work with our law enforcement partners and DOL’s Occupational Safety and Health Administration to hold those who jeopardize workers’ safety accountable.”
As alleged in the Complaint:[1]
On the morning of February 8, 2022, LEMA sent Victim-1 and three other ALJ employees to install a roof on a three-story multi-family apartment building under construction in New Square, New York (the “Worksite”). Victim-1 and the other ALJ employees ascended a ladder to the roof, but within 20 to 30 minutes of arriving at the Worksite, Victim-1 fell off the roof and landed on the ground approximately 30 feet below. He died from his injuries. Victim-1 was wearing a safety harness, but there was no lanyard, rope, or any other attachment connected to the D-ring on the back of the harness that would have connected him to the roof. Nor were there anchors on the roof to attach a rope had there been one connected to the harness. OSHA cited ALJ for failing to ensure its employees were using fall protection systems.
Victim-1’s deadly fall was not the first time an employee of LEMA and ALJ fell to his death at one of ALJ’s worksites or that ALJ employees were exposed to fall hazards. OSHA investigated ALJ six times before Victim-1’s death and once after. OSHA issued citations after each incident. The first time, on or about February 27, 2019, an ALJ employee slipped off the roof of a newly constructed three-story home in Kiamesha Lake, New York (“Victim-2”), fell 35 feet to the ground, and subsequently died from his injuries. OSHA determined that Victim-2 was not wearing a safety harness and issued citations to ALJ for, among other things, failure to ensure employees wear fall protection systems. ALJ settled and agreed to pay a penalty.
There were five more incidents on five different worksites in New York and New Jersey after Victim-2’s death in February 2019 and before Victim-1’s death in February 2022 in which ALJ employees were exposed to fall hazards and OSHA cited ALJ for failing to ensure its employees were using fall protection systems. In each case, ALJ settled and agreed to pay a penalty.
Even after Victim-1’s death, LEMA continued to violate OSHA standards and failed to protect his employees. On or about August 4, 2022, ALJ employees were working on an 18-foot roof in Ho Ho Kus, New Jersey, without any apparent fall protection. They were wearing harnesses that were not secured to the roof. OSHA issued more citations, including willful failure to ensure employees wear fall protection systems.
In all, between in or about 2019 and in or about 2023, OSHA performed eight investigations of ALJ worksites that resulted in the issuance of 24 willful citations, 16 serious citations, and over $2.3 million in penalties. Each time OSHA investigated, Compliance Safety and Health Officials met with LEMA and made him aware of his rights and obligations to his employees. At an OSHA administrative deposition, LEMA admitted that prior to Victim-1’s fall, he knew that employees on a roof higher than six feet high needed to be protected by some form of fall protection. But despite that knowledge, citations, and fines from six previous investigations, LEMA failed to follow OSHA standards and protect Victim-1 and his other employees.
* * *
LEMA, 40, of Nanuet, New York, is charged with one count of knowingly and willfully violating OSHA residential construction fall protection standards by failing to protect his employees from fall hazards and causing injuries that resulted in an employee’s death, which carries a maximum sentence of six months in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense.
The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding work of OSHA, DOL-OIG, and the Special Agents of the U.S. Attorney’s Office for the Southern District of New York.
The case is being prosecuted by the Office’s White Plains Division. Assistant U.S. Attorney Margery Feinzig is in charge of the prosecution.
The charge contained in the Complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
U.S. v. Lema ComplaintOuray Lodge and Hot Springs Agrees to Improve Access for Individuals with Physical DisabilitiesRead the Press Release
DENVER—The U.S. Attorney’s Office for the District of Colorado announced that it has resolved a complaint under the Americans with Disabilities Act (ADA) against Twin Peaks Lodge & Hot Springs, a hotel located in Ouray, Colorado, related to its rooms and other facilities that are inaccessible to individuals with physical disabilities.
The U.S. Attorney’s Office received a complaint that Twin Peaks failed to make its facilities readily accessible to an individual with a terminal illness who had trouble walking and navigating stairs. Twin Peaks, which has only one mobility-accessible guest room on the first floor of the hotel, placed the complainant in a second-floor room that does not have an elevator. As a result, the complainant was very limited in his ability to enter and leave his hotel room during his stay, and the complainant’s family had to make significant adjustments to their plans because of the inaccessible accommodations.
The ADA requires that places of public accommodation, such as hotels, make their facilities readily accessible to and usable by individuals with physical disabilities.
To resolve the complaint, Twin Peaks agreed to pay the complainant $3,000 and make changes to its existing rooms, hot springs pools, dining and common areas, and other facilities to make them accessible to individuals with disabilities. In addition, the U.S. Attorney’s Office will monitor future renovations and the planned construction of a new hotel building to ensure that Twin Peaks complies with the ADA’s design and construction standards.
“The U.S. Attorney’s Office is committed to ensuring that hotel guests who have disabilities can obtain the accommodations that they need, and that they can take advantage of all of the amenities of our Colorado mountain towns,” said U.S. Attorney Cole Finegan. “The U.S. Attorney’s Office’s commitment to ensuring that individuals with disabilities have equal access improves everyone’s enjoyment of all our beautiful state has to offer.”
Additional information about the U.S. Attorney’s Office’s civil rights enforcement program can be found at https://www.justice.gov/usao-co/civil-rights-enforcement.
This case was handled by Assistant U.S. Attorney Zeyen Wu.
Orange County Businessman Pleads Guilty to Fraudulently Obtaining over $5.2 Million by Bogus Promises of His Company’s Purported IPORead the Press Release
LOS ANGELES – The owner of an Orange County real estate finance business has pleaded guilty to fraudulently obtaining more than $5.2 million by making false promises to an investor that shares of his private company were about to be publicly traded on the Nasdaq stock exchange, the Justice Department announced today.
Jacques Poujade, 63, of Irvine, pleaded guilty late Monday afternoon to one count of securities fraud.
According to his plea agreement, Poujade is the owner and chief financial officer of Tri-Emerald Financial Group, a Lake Forest-based realty services company that operated as a residential mortgage lender. Tri-Emerald funded loans as a mortgage banker, with the intent to hold the funded loans for immediate resale to financial institutions that purchased the loans for investments. Neither Tri-Emerald nor its securities were ever registered with the United States Securities and Exchange Commission.
From February 2015 to May 2020, Poujade sold unregistered securities to a victim investor by telling the victim a series of lies, including about the timing and likelihood of Tri-Emerald’s initial public offering (IPO) and the resulting share price. The victim purchased shares in Tri-Emerald at $10 per share, after Poujade represented they were “securities” under federal law and would exceed the price of $100 per share once the company went public.
Poujade falsely promised the victim that Tri-Emerald was a pre-IPO opportunity that would provide high returns when the company soon went public on Nasdaq. In fact, Tri-Emerald had not completed the necessary steps to undertake an IPO, including filling out the required SEC paperwork or formally engaging the investment banks Poujade falsely told the victim he had engaged as underwriters.
Poujade admitted that he further lied to the victim by saying one investment bank “was super excited about moving forward” and estimated that Tri-Emerald would “be a billion dollar company in under 16 months,” according to the plea agreement.
He also said Tri-Emerald was using the victim’s investment to cover IPO costs when, in fact, Poujade used a substantial portion of the funds for general Tri-Emerald operating expenses and to make lulling payments and litigation settlement payments to previous Tri-Emerald investors. Poujade also used a portion of the funds for personal expenditures in lieu of taking a salary.
In total, Poujade fraudulently obtained approximately $5,255,600 from the victim.
In his plea agreement, Poujade further admitted to defrauding another victim and that victim’s investment group in July 2016 by convincing them to purchase 30-day promissory notes issued by LendPlus Holdings, another one of Poujade’s companies. These notes purportedly were to be used to increase Tri-Emerald’s warehouse line of credit, which would allow Tri-Emerald to fund a larger volume of mortgages.
At the end of the term of the 30-day promissory notes, instead of repaying victim investors, Poujade continuously rolled victim investors’ funds over into the next month. On numerous occasions, Poujade lulled the victims by falsely claiming their money was safe in a reserve account and LendPlus was using their funds to improve Tri-Emerald’s loan production and line of credit.
In reality, Poujade used a substantial portion of these funds to make lulling payments to previous Tri-Emerald investors, to pay Tri-Emerald’s operating expenses, and for his own personal use, including paying rent on his residence.
Poujade admitted to defrauding these investors out of approximately $915,000.
United States District Judge Mark C. Scarsi scheduled an October 30 sentencing hearing, at which time Poujade will face a statutory maximum sentence of 20 years in federal prison.
The FBI and the United States Department of Housing and Urban Development Office of Inspector General investigated this matter.
Special Assistant United States Attorney Ryan G. Adams of the Santa Ana Branch Office is prosecuting this case.
Oklahoma Man Sentenced to Statutory Maximum of 10 Years for Racially Motivated Hate Crime Against Black ManRead the Press Release
OKLAHOMA CITY – An Oklahoma man was sentenced to 120 months in prison, followed by three years of supervised release, and ordered to pay $68,186.64 of a total amount of $113,644.40 in restitution to the Black victim of the offense for his role in a racially-motivated attack in Shawnee, Oklahoma.
On January 18, 2022, a federal grand jury in the Western District of Oklahoma returned a two-count indictment charging Devan Wayne Johnson, 28, of Oklahoma City, and co-defendant Brandon Wayne Killian, who are white, with physically assaulting a Black man - as well as the Black man’s white friend - in the parking lot of the Brickhouse Saloon in Shawnee. The indictment alleges that the assault occurred because of the Black man’s race and color. Johnson pleaded guilty to one count of committing a hate crime in September 2022.
“This defendant is being held accountable for brutally assaulting a Black man because of his race,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to enforce our federal civil rights laws to prosecute those who commit violent hate crimes in our country.”
“Heinous, hate-fueled crimes such as this have no place in our state or country,” said United States Attorney Robert J. Troester for the Western District of Oklahoma. “This is the first case sentenced in the Western District of Oklahoma under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. The judge’s decision to give the maximum penalty in this case sends a strong message, and we will continue to aggressively combat all hate crimes and seek justice for those victimized by hate.”
“Hate crimes have a devastating impact on not only the victims and their families, but on entire communities as well,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “Today’s sentencing highlights the FBI’s work to ensure everyone feels safe in their own community, without fear of being harmed because of the color of their skin. There is absolutely no place for race-based violence in the state of Oklahoma.”
Assistant Attorney General Clarke, U.S. Attorney Troester, and Special Agent in Charge Gray made the announcement.
Killian will be sentenced on August 14.
The FBI Oklahoma City Field Office investigated the case. Assistant U.S. Attorney Julia E. Barry for the Western District Oklahoma and former Trial Attorney Avner Shapiro of the Civil Rights Division’s Criminal Section prosecuted the case.
Reference is made to public filings for more information.
Oklahoma Man Sentenced for Racially Motivated Hate Crime Against Black ManRead the Press Release
An Oklahoma man was sentenced to 120 months in prison followed by three years of supervised release and payment of $68,186.64 in restitution for a racially-motivated attack on a Black victim in Shawnee, Oklahoma.
On Jan. 18, 2022, a federal grand jury in the Western District of Oklahoma returned a two-count indictment charging Devan Wayne Johnson, 28, of Oklahoma City, and co-defendant Brandon Wayne Killian, who are white, with physically assaulting a Black man – as well as the Black man’s white friend – in the parking lot of the Brickhouse Saloon in Shawnee. The indictment alleges that the assault occurred because of the Black man’s race and color. Johnson pleaded guilty to one count of committing a hate crime in September 2022.
“This defendant is being held accountable for brutally assaulting a Black man because of his race,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to enforce our federal civil rights laws to prosecute those who commit violent hate crimes in our country.
“Heinous, hate-fueled crimes such as these have no place in our state or country,” said U.S. Attorney Robert Troester for the Western District of Oklahoma. “This is the first case sentenced in the Western District of Oklahoma under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, and we hope today’s proceedings send a strong message. We will continue to aggressively combat all hate crimes and seek justice for those victimized by hate.”
“Hate crimes have a devastating impact on not only the victims and their families, but on entire communities as well,” said Special Agent in Charge Edward J. Gray of the FBI Oklahoma City Field Office. “Today’s sentencing highlights the FBI’s work to ensure everyone feels safe in their own community, without fear of being harmed because of the color of their skin. There is absolutely no place for race-based violence in the state of Oklahoma.”
Assistant Attorney General Clarke, U.S. Attorney Troester and Special Agent in Charge Gray made the announcement.
Killian will be sentenced on Aug. 14.
The FBI Oklahoma City Field Office investigated the case.
Assistant U.S. Attorney Julia Barry for the Western District Oklahoma and former Trial Attorney Avner Shapiro of the Civil Rights Division’s Criminal Section prosecuted the case.
Nine-time felon sentenced to more than 17 years in prison for illegal possession of firearm, drugsRead the Press Release
CINCINNATI – A Cincinnati man with nine prior felony convictions was sentenced in U.S. District Court today to 210 months in prison for committing additional crimes involving firearms and illegal drugs.
On May 22, 2019, a Cincinnati Police Officer attempted to stop a car being driven by Terry Willis, 52. Willis fled on foot and attempted to climb over a barbed-wire fence. When the officer caught him, Willis tried to wrestle away and repeatedly reached toward his waistband. The officer told Willis not to reach, and shortly a second officer arrived and helped subdue Willis.
While handcuffing Willis, officers found in his waistband a 9mm handgun with a round in the chamber and an extended magazine holding 30 rounds of ammunition. Officers also found on Willis’s person a bag containing more than 25 grams of cocaine, another bag with more than six grams of marijuana and more than $1,600 in cash.
A federal grand jury indicted Willis three months later, charging him with possession with intent to distribute illegal drugs, possession of a firearm in furtherance of a drug crime, and possession of a firearm by a prohibited person. He pleaded guilty in August 2021 to all three charges.
Willis has a prior felony conviction for possessing a firearm as a felon and several other felonies relating to distributing and possessing controlled substances. As a previously convicted felon, Willis is prohibited under federal law from possessing firearms or ammunition.
Willis was also sentenced to serve 10 years on supervised release after he completes his prison term.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Daryl S. McCormick, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); and Cincinnati Police Chief Teresa A. Theetge announced the sentence imposed by U.S. District Court Judge Douglas R. Cole. Assistant United States Attorneys Julie Garcia and Kelly Rossi represented the United States in this case.
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Nigerian National Based in Maryland Sentenced to 4 Years and 9 Months in Prison and Nigerian House Ordered Forfeited for Schemes to Steal Unemployment Insurance BenefitsRead the Press Release
SACRAMENTO, Calif. — Nigerian national Olamide Yusuf Bakare, 26, currently residing in Laurel, Maryland, was sentenced today to four years and nine months in prison for conspiracy to commit wire fraud during the COVID-19 pandemic, U.S. Attorney Phillip A. Talbert announced.
Bakare pleaded guilty in January 2023. According to court documents, between June 2020 and July 2021, Bakare, along with co-defendants Quazeem Owolabi Adeyinka and Ayodeji Jonathan Sangode, and others, participated in a conspiracy to submit fraudulent unemployment insurance (UI) and Pandemic Unemployment Assistance (PUA) claims to the States of Maryland and California. More than 200 individual applications were filed with the California Employment Development Department (EDD) and the Maryland Department of Labor (MDOL) indicating that the claimants’ address was the Hyattsville, Maryland, apartment that the defendants shared.
During the conspiracy, the conspirators obtained the personally identifiable information (PII) of persons who were not eligible for UI or PUA benefits or who did not authorize the conspirators to act on their behalf with respect to seeking such benefits. Such PII included names, dates of birth, and Social Security numbers. The conspirators then used the PII to submit dozens of fraudulent UI and PUA claims to EDD and MDOL under the putative claimants’ identities and without their authorization.
The underlying benefit applications contained fraudulent representations, including, for example, that the claimants had worked for certain employers and supervisors; had specific annual incomes; worked during certain time periods; were self-employed in various occupations; were laid off and had no work; were newly unemployed due to a disaster including the COVID-19 pandemic; and were currently available to work. Most, if not all, of these claims were false because the claimants were not so previously working, employed, newly unemployed, or seeking new employment.
The conspirators knew that these representations were false or lacked the knowledge and authority to make such representations. These actions caused EDD and MDOL to approve at least 142 fraudulent UI and PUA claims.
For each approved claim, EDD and MDOL deposited benefit funds into a debit card account administered by Bank of America and under the identity of the putative claimant. Bank of America then mailed at least 142 unauthorized debit cards to addresses under the control of the defendants. Bakare then obtained these debit cards to withdraw cash at ATMs for the benefit of himself and his coconspirators.
During this conspiracy, Bakare also possessed three additional UI debit cards which had been issued by Maine’s Bureau of Unemployment Compensation, North Carolina’s Division of Employment Security, and Nevada’s Department of Employment Training and Rehabilitation. Each debit card was linked to an account that contained UI benefits. Bakare was not the named beneficiary on the cards or for the associated benefits, and he possessed them with intent to defraud the state agencies.
The debit cards that Bakare possessed and used during the conspiracy were linked to bank accounts that received a total of at least $2,265,844 in fraudulent UI and PUA benefits. He used this money, in part, to purchase a condominium in Lekki, Lagos State, Nigeria for $70 million Naira. As part of the sentence, this asset was ordered forfeited.
This case is the product of an investigation by the Department of Labor – Office of the Inspector General, the Federal Bureau of Investigation, the Department of Homeland Security – Office of the Inspector General – Covid Fraud Unit, and the California EDD – Investigation Division. Assistant U.S. Attorney Denise N. Yasinow is prosecuting the case.
Adeyinka pleaded guilty to conspiracy to commit wire fraud, and Sangode pleaded guilty to access device fraud. Both are scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Aug. 22, 2023. Adeyinka faces a maximum statutory penalty of 20 years in prison, and Sangode faces a maximum statutory penalty of 15 years in prison. Their actual sentences, 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.
This effort is part of a California COVID-19 Fraud Enforcement Strike Force operation, one of three interagency COVID-19 fraud strike force teams established by the U.S. Department of Justice. The California Strike Force combines law enforcement and prosecutorial resources in the Eastern and Central Districts of California and focuses on large-scale, multistate pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces use prosecutor-led and data analyst-driven teams to identify and bring to justice those who stole pandemic relief funds.
New Mexico State Police Officer Arrested for Possession and Transportation 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 Sammy Allen Clouthier, 44, of Carlsbad, made an initial appearance in federal court on a criminal complaint charging him with possession of child pornography and transportation of child pornography.
According to the criminal complaint, on April 18, 2023, the FBI was made aware of a tip provided to the National Center for Missing and Exploited Children (NCMEC) on Dec. 29, 2022, by cloud service provider Synchronoss Technologies, Inc. Synchronoss provides content storage for the wireless communication service provider Verizon. Synchronoss reported images depicting apparent child sexual abuse material (CSAM) were uploaded to an account associated with Clouthier’s phone number and device. Follow-up investigation revealed that Clouthier, a sergeant in the New Mexico State Police, downloaded, possessed, and transported child pornography using his cellular devices.
A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Clothier faces a mandatory minimum of 5 years up to 20 years in prison.
This case was investigated by the Albuquerque Division Child Exploitation and Human Trafficking Task Force of the Federal Bureau Investigation. Assistant United States Attorney Eliot Neal is prosecuting the case.
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New Bedford Man Sentenced for Role in Fentanyl Trafficking OrganizationRead the Press Release
BOSTON – A New Bedford man was sentenced today in federal court in Boston for his role in a drug trafficking organization (DTO) operating in Southeastern Massachusetts and Rhode Island.
Jason Cruz, 42, was sentenced by U.S. District Court Judge Allison D. Burroughs to 16 months in prison and three years of supervised release. In May 2023, Cruz pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute fentanyl.
Between approximately April 2022 and approximately June 2022, Cruz purchased fentanyl from the DTO that he then redistributed to others. Intercepted communications depicted Cruz discussing purchasing fentanyl from the DTO. In addition, surveillance footage showed other members of the DTO visiting Cruz’s residence for brief periods of times, often times consistent with illegal drug trafficking.
Acting United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; New Bedford Police Chief Paul Oliveira; and Fairhaven Police Chief Michael J. Myers made the announcement today. Special assistance was provided by the Massachusetts State Police; Homeland Security Investigations; Bristol County Sherriff’s Office; and Fall River, Taunton, Attleboro, Scituate, Yarmouth, Providence (R.I.) and West Warwick (R.I.) Police Departments. Assistant U.S. Attorney John T. Mulcahy of the Narcotics & Money Laundering Unit prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Mobile Man Sentenced to 7 Years for Armed RobberyRead the Press Release
Justin Pickens, 29, was sentenced to 7 years in prison for Interference with Commerce by Robbery and Brandishing a Firearm During a Crime of Violence. Pickens entered a guilty plea to these offenses on April 24, 2023.
According to court documents filed in connection with his guilty plea, on July 11, 2021, Pickens went to the Circle K located at 5550 Highway 90, in Mobile, displayed a firearm to the clerk, and took $51 and 100 cartons of cigarettes. Pickens then grabbed the store telephone and left the business.
Chief Judge Jeffrey U. Beaverstock imposed an 84-month sentence of incarceration and a 5-year term of supervised release upon Pickens’ discharge from prison. Chief Judge Beaverstock ordered that Pickens pay $200 in special assessments and $491 in restitution.
The Mobile Police Department and Federal Bureau of Investigations (FBI) investigated this case. Assistant United States Attorneys Vicki Davis and Kacey Chappelear prosecuted the case.
Mississippi Men Sentenced for Hunting ViolationsRead the Press Release
Oxford, MS – Two North Mississippi men were sentenced today to one-year of probation and ordered to pay a total of $30,000 in fines and restitution for illegally killing a white-tailed deer in Tennessee and transporting the deer across state lines to Mississippi.
According to court documents, Christopher Lee Jones, 42, of Hernando, Mississippi, and Heath Thomas Harris, 42, of Senatobia, Mississippi, each plead guilty to one count of violating the Lacey Act for killing a white-tailed deer in violation of state law and transporting it across state lines. In December 2019, Jones and Harris killed a white-tailed deer on property located west of Tchulahoma Road and north of Jackson Pit Road in Memphis, Tennessee, violating various Tennessee laws in the process, including hunting in Tennessee without a license. After killing the deer illegally in Tennessee, Jones and Harris transported the deer into Mississippi, in violation of the Lacey Act. Each defendant was ordered to pay a fine in the amount of $1,000, restitution to the Tennessee Wildlife Resources Agency in the amount of $9,185 and fines payable to the Lacey Act Rewards Account in the amount of $4,875, as well as forfeit the antlers to the U.S. Fish and Wildlife Service. Additionally, each defendant was placed on probation for a period of one year, during which time they will be prohibited from hunting anywhere in the world as a condition of their probation.
U.S. Fish & Wildlife Service Office of Law Enforcement Special Agent in Charge Stephen Clark stated, “The U.S. Fish and Wildlife Service, Office of Law Enforcement is committed to conducting criminal investigations with the Mississippi Department of Wildlife, Fisheries and Parks and the Tennessee Wildlife Resources Agency to conserve, protect, and enhance fish, wildlife, plants and their habitats. The Office of Law Enforcement takes violations of the Lacey Act seriously. This multi-year investigation involving the two defendants responsible for the unlawful harvest and subsequent transportation in interstate commerce of a white-tailed deer from Tennessee to Mississippi is no exception. We will continue to work closely with our state partners to conduct these important joint investigations.”
This case was investigated by the U.S. Fish and Wildlife Service, the Tennessee Wildlife Resources Agency, and the Mississippi Department of Wildlife, Fisheries and Parks. The case was prosecuted by AUSA Robert Mims.
The U.S. Fish and Wildlife Service encourages members of the public to report allegations of wildlife crimes to the Service’s Office of Law Enforcement via the Wildlife Crime Tips page at https://www.fws.gov/wildlife-crime-tips or via phone at 1-844-FWS-TIPS (1-844-397-8477).
Middletown Man Admits Robbing 3 Supermarket BanksRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that GINO RIZZO, 29, of Middletown, pleaded guilty today before U.S. District Judge Jeffrey A. Meyer in New Haven to bank robbery.
According to court documents and statements made in court, using notes demanding cash, Rizzo robbed People’s United Bank branches located in Stop & Shop supermarkets in Glastonbury on July 16, 2022, in Newington on July 18, 2022, and in West Hartford July 20, 2022.
Rizzo was arrested on July 21, 2022.
On April 11, 2023, while on pre-trial release, Rizzo disconnected his GPS electronic monitoring bracelet and absconded from his court-mandated rehabilitation center. He has been detained since his re-arrest on May 22, 2023.
Judge Meyer scheduled sentencing for October 17, at which time Rizzo faces a maximum term of imprisonment of 20 years.
This matter has been investigated by the Federal Bureau of Investigation and the Middletown, Glastonbury, Newington, and West Hartford Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Stephanie T. Levick and Robert S. Dearington.