Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
6 September 2023
Florida Man Pleads Guilty to Orchestrating $1.15 Million Tax Fraud SchemeRead the Press Release
Orlando, FL – A Florida man pleaded guilty today to conspiring to defraud the United States, filing a false tax return and to aiding and assisting the preparation of a false tax return.
According to court documents and statements made in court, Rafael Ramos, of Orlando, recruited clients and prepared tax returns on their behalf that falsely claimed banks and other financial institutions had withheld large amounts of taxes from the clients’ income, thereby entitling them to refunds from the IRS. To further the scheme, Ramos and his co-conspirators filed false documents with the IRS, purporting to have been issued by the banks, to support the false withholding information reported on the returns.
When the IRS initiated proceedings to collect the fraudulently-issued refunds, Ramos held meetings with his clients and attempted to obstruct the IRS’s efforts by providing them with frivolous correspondence to send to the IRS, instructing clients to falsely inform the IRS that they self-prepared their returns and telling clients to move funds out of their bank accounts to avoid IRS levies. In total, Ramos’s scheme caused a tax loss to the IRS of over $1.15 million.
Ramos is scheduled to be sentenced Nov. 30 and faces a maximum penalty of five years in prison for conspiracy and three years in prison for each false return count. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Roger B. Handberg for the Middle District of Florida made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Jeffrey McLellan, Ezra Spiro and Caroline Pearson of the Tax Division and Assistant U.S. Attorney Terry Livanos for the Middle District of Florida are prosecuting the case.
Federal Prison Employee Pleads Guilty to Accepting Payments from High-Net-Worth InmateRead the Press Release
BOSTON – A Correctional Counselor for the Federal Bureau of Prisons (BOP) assigned to Federal Medical Center Devens (FMC Devens) in Massachusetts pleaded guilty today to accepting payments from an inmate under his care, in violation of his duties as a public official. The defendant also pleaded guilty to lying to a bank about a loan he received from the inmate’s business associate and forging the associate’s signature to support this false claim.
William S. Tidwell, 49, of Keene, N.H., pleaded guilty to receipt of payments by a public official in violation of his official duties, making false statements to a bank and identity theft. U.S. Senior District Court Judge William G. Young scheduled sentencing for Dec. 7, 2023. Tidwell was charged on July 24, 2023.
Tidwell has been employed by the BOP since 2000 and has been working at FMC Devens since 2008. According to BOP’s rules and policies that govern the duties and conduct of its employees, employees may not receive any payments, gifts, or personal favors from inmates, give preferential treatment to any inmate in the performance of their duties, or engage in outside employment that conflicts with their duties.
In approximately 2014, Tidwell began working as a Correctional Counselor at FMC Devens, a position that give him significant levels of contact with, and authority over, inmates. Among other things, Tidwell was responsible for monitoring inmate work assignments, assigning inmate housing assignments, arranging inmate legal calls and coordinating prison visits for inmates. One of the inmates for whom Tidwell served as a Correctional Counselor was Individual 1 – an ultra-high net worth individual who had been convicted on federal charges in another jurisdiction. Starting in approximately 2018, Individual 1 caused a stream of benefits to be paid to Tidwell.
In November 2018, Tidwell supervised Individual 1, who directed a close friend and business associate (Individual 2) to wire $25,000 to Tidwell’s close family member. Thereafter, starting in 2019, Tidwell and Individual 1 entered into an agreement pursuant to which Tidwell received thousands of dollars as part of a property management agreement. Individual 2, the inmate’s close associate, made the payments to Tidwell. In total, between 2019 and 2020, Tidwell received over $65,000 in benefits as part of this property management agreement with Individuals 1 and 2. Tidwell’s receipt of payments and his employment relationship with an inmate or a close associate of an inmate violated his official duties as a BOP employee.
Separately, in 2020, Tidwell sought to purchase a home. In connection with seeking financing for the home purchase, Tidwell received a $50,000 loan from Individual 2. Tidwell made multiple false statements to the bank in connection with his loan application, falsely telling the bank that the $50,000 was a gift from his employer. When the bank asked for written proof of this purported gift, Tidwell forged documents to support his earlier claim, including by unlawfully using Individual 2’s name and address, and forging Individual 2’s signature.
The charge of receiving payments in violation of official duties provides for a sentence of up to 15 years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of making false statements to a bank provides for a sentence of up to 30 years in prison, up to five years of supervised release and a fine of up to $1 million. The charge of identity theft provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Jodi Cohen Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Ryan T. Geach, Special Agent in Charge of the Department of Justice Office of the Inspector General New York Field Office made the announcement today. Valuable assistance in the investigation was provided by the Federal Bureau of Prisons. Assistant U.S. Attorneys Kunal Pasricha and Mark Grady of the Criminal Division are prosecuting the case.
Federal Grand Jury Indicts Two Nelson County Residents for Cocaine and Fentanyl Trafficking ConspiracyRead the Press Release
Louisville, KY – A federal grand jury in Louisville returned an indictment on July 11, 2023, charging two Nelson County residents with conspiring to traffic in cocaine and fentanyl. One resident was also charged with possessing with the intent to distribute and distributing cocaine and fentanyl.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Acting Special Agent in Charge Brian Jones of the FBI Louisville Field Office, Special Agent in Charge J. Todd Scott of the DEA Louisville Field Division, and Sheriff Ramon Pineiroa of the Nelson County Sheriff’s Office made the announcement.
According to the indictment, Neal Scott Stone, 47, and Keely Logsdon, 39, both of Bardstown, Kentucky, were charged with conspiring to possess with the intent to distribute and distributing over 400 grams of fentanyl and 500 grams of cocaine between March 7, 2023, and June 24, 2023. Additionally, Stone was charged with possessing with the intent to distribute and distributing over 500 grams of cocaine and over 40 grams of fentanyl on June 24, 2023.
Both Stone and Logsdon recently made their initial court appearances before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Kentucky. Both Stone and Logsdon remain in federal custody pending trial. If convicted, both defendants face a minimum sentence of 10 years and a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors. There is no parole in the federal system.
This case is being investigated by the FBI, the DEA, the Nelson County Sheriff’s Office, and the Greater Hardin County Narcotics Task Force, with assistance from the Louisville Metro Police Department, the Kentucky State Police, and the Jefferson County Sheriff’s Office.
Assistant U.S. Attorney Frank Dahl is prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
###
Farmington Man Charged with ArsonRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Ulrick Bruce Canyon appeared in federal court on a complaint charging him with arson of a dwelling within the maritime and territorial jurisdiction of the United States. Canyon, 40, of Farmington and an enrolled member of the Navajo Nation, will remain in custody pending a preliminary and detention hearing scheduled for September 5, 2023.
According to the criminal complaint, on August 28, 2023, officers from the Navajo Nation Police Department responded to a call reporting that a residence located on Indian Service Route 5081 was on fire. As a Navajo Nation Criminal Investigator was responding to the scene, he observed Canyon pushing a wheel barrel full of clothes down the same road used to access the burning residence. When the Criminal Investigator questioned Canyon, he admitted to spraying lighter fluid around the inside of the residence and igniting the lighter fluid with a match. Canyon grabbed his own clothes, threw them into a wheel barrel, and left the residence after throwing two 20-pound propane bottles into the fire.
The Criminal Investigator interviewed the homes residents, John and Jane Doe, who advised that Canyon resided at the home with them. According to John and Jane Doe, Canyon’s behavior over the last several days had become erratic and violent due to drinking and drug use. The Does further stated that they had left the residence out of fear and had been staying at a hotel in Farmington when they received the call that their house was on fire.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted on the current charge, Canyon faces up to life in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office with assistance from the Navajo Nation Police Department and the Navajo Department of Criminal Investigations investigated this case. Assistant U.S. Attorney Matthew J. McGinley is prosecuting the case.
# # #
23-207
Essex County Man Admits Conspiring to Commit Mortgage FraudRead the Press Release
NEWARK, N.J. – An Essex County man today admitted that he conspired with others to commit mortgage fraud, U.S. Attorney Philip R. Sellinger announced.
Cabral Simpson, 46, of Orange, New Jersey, pleaded guilty by before U.S. District Judge Kevin McNulty to Count One of an indictment charging him with conspiring to commit wire fraud.
According to documents filed in the case and statements made in court:
Simpson, a real estate investor, and his conspirators engaged in mortgage fraud by creating fake bank statements and fake employee verification records for buyers of properties and transferring money into the buyers’ bank accounts for payment of the deposit for a property. Simpson and his conspirators submitted fraudulent mortgage loan applications, supporting documents, and closing documents on behalf of the buyers. They also induced lenders to issue more than $1 million in loans, resulting in defaults and exposing the lenders and the U.S. Department of Housing and Urban Development to more than $1 million in losses.
The charge of conspiracy to commit wire fraud to which Simpson pleaded guilty is punishable by a maximum potential penalty of 20 years in prison and a fine of the greater of $250,000, twice the gross profits to Simpson or twice the gross loss suffered by the victims. Sentencing is scheduled for Jan. 10, 2024,
U.S. Attorney Sellinger credited special agents of the U.S. Department of Housing and Urban Development – Office of the Inspector General, under the direction of Special Agent in Charge Christina D. Scaringi in Newark, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Cybercrime Unit in Newark.
simpson.indictment.pdfDepartment of Planning and Permitting Examiner Sentenced to Ten Months in Prison for Bribery SchemeRead the Press Release
HONOLULU – Kanani Padeken, 38, of Kaaawa, was sentenced today in federal court by Chief United States District Judge Derrick K. Watson to ten months imprisonment, two years supervised release, and forfeiture of the $28,400 in bribes she took in exchange for expediting the approval of permits issued by the Department of Planning and Permitting (DPP) of the City and County of Honolulu. The sentence reflects Padeken’s substantial assistance to the government in the investigation and prosecution of others.
After a lengthy investigation by the Federal Bureau of Investigation (FBI) into corruption at the DPP, honest services wire fraud charges were filed against six individuals, including Padeken, arising out of schemes in which employees of the DPP took bribes in exchange for performing official acts at DPP. The other five defendants also entered guilty pleas and have been sentenced:
• Wayne Inouye, 66, of Honolulu, a former Chief Building Inspector at DPP, was sentenced on May 24, 2023, to 60 months imprisonment, two years supervised release, and a $100,000 fine for taking more than $103,000 in bribes and for making false statements to federal investigators with intent to conceal his crimes, in Cr. No. 21-00034 LEK. Because Inouye returned the bribe money after learning of the government’s investigation, a fine, rather than forfeiture, was sought by the government.
• Jennie Javonillo, 73, of Waipahu, a former Building Plans Examiner at DPP, was sentenced on June 27, 2022, to 30 months imprisonment, two years supervised release, a $5,000 fine, and forfeiture of the $58,000 in bribes she took, in Cr. No. 21-00038 DKW.
• Jason Dadez, 45, of Honolulu, a former Building Inspector at DPP, was sentenced on July 6, 2022, to 18 months imprisonment, two years supervised release, and forfeiture of the $12,900 in bribes he took, in Cr. No. 21-00037 DKW.
• William Wong, 73, of Honolulu, an architect, was sentenced on July 27, 2023, to 12 months and one day imprisonment, three years supervised release, and a fine of $5,000, for making bribes of more than $117,000 to DPP employees, in Cr. No. 21-00041 DKW. The sentence reflects Wong’s substantial assistance to the government in the investigation and prosecution of others.
• Jocelyn Godoy, 60, of Pearl City, a former employee of the Data Access and Imaging Branch at DPP, was sentenced on August 30, 2023, to 60 days imprisonment and two years supervised release for taking more than $800 in bribes, in Cr. No. 21-00036 DKW. The sentence reflects Godoy’s substantial assistance to the government in the investigation and prosecution of others.
According to information presented to the court, while employed by DPP as a Building Plans Examiner at DPP, Padeken solicited bribes from architects and others in exchange for expediting the approval of building permits by DPP. Those who paid bribes to Padeken had their permit applications sped through the DPP approval process ahead of other applications. From January 2017 to March 2020, Padeken solicited and accepted bribes of at least $28,400 from Wong.
“This series of prosecutions exposed a pay-to-play system whereby public officials blithely violated their positions of trust for personal gain, and businesspersons readily bought an unfair advantage over their fellow law-abiding citizens,” said United States Attorney Clare E. Connors. “Because the people of Hawaii deserve honest and accountable public institutions, our office will vigorously pursue these types of integrity crimes and do our part to restore confidence in government.”
“This sentence marks the end of these DPP employees scheming and accepting bribes, thus corrupting the system,” said FBI Special Agent in Charge Steven Merrill. “Today’s sentence reinforces to the public that the FBI remains committed in investigating and holding those accountable as they deprived the people of Honolulu of the honest services to which they’re entitled.”
The Federal Bureau of Investigation conducted the investigation that resulted in the convictions. Assistant U.S. Attorneys Michael Nammar and Craig Nolan prosecuted the case.
Defendant Charged in Connection with Federal Escapee is SentencedRead the Press Release
KANSAS CITY, Mo. – An Indictment from earlier this year in the Western District of Missouri Federal Court charging individuals with escaping confinement and other individuals with assisting them, resulted in an incarceration sentence of 16 months for one of those charged, consecutive to a pending State of Missouri case.
Trevor Scott Sparks, 33, Kansas City, MO, and Sergio Perez Martinez, 43, Panorama City, CA, were charged in a two-count Indictment with escape from confinement and aiding or assisting each other in escape from confinement. Another individual, John Douglas Baxter, 57, of Blue Springs, MO, was also charged in the Indictment with a single count of aiding or assisting in the escape.
As of the drafting of this release, Perez Martinez remains at large, although Sparks was re-arrested December 30th, 2022. Baxter, who has been in custody pending resolution of his charges since Sparks was captured, was sentenced today for his role in assisting that escape. The Court sentenced him to 16 months in custody, consecutive to any sentence he may receive in a pending state case that resulted from Missouri moving to revoke his parole from a prior state felony conviction.
After arrests on federal felony warrants, and because of jury trial convictions and guilty pleas to various felony charges contained within several Western District of Missouri (WDMO) Federal Grand Jury indictments and various orders of WDMO Federal District Court Judge D. Greg Kays, Trevor Scott Sparks and Sergio Perez Martinez were confined in the Cass County, Missouri, Jail on multiple federal felonies.
Federal, state, and local law enforcement began investigating the escape of Sparks and Martinez from the Cass County Jail on or about December 5, 2022. On December 6, 2022, the United States Marshals Service was notified by Cass County, Missouri, that Sparks escaped from confinement and was seen leaving the facility at 10:22 p.m. on December 5, 2022. It was later determined that Sparks and Martinez, another inmate in the Cass County facility, escaped through subterfuge and damage to the facility from the Cass County Jail and fled east outside the jail into the surrounding rural community. From there, a co-defendant picked them up in his vehicle and transported them to his apartment in Kansas City, Missouri, where they obtained clothes and food. They were then transported into the Northeast area of the Kansas City metropolitan area. Sparks and his mother, Co-Defendant Dawn Branstietter, were subsequently arrested in this same general area on December 30, 2022. Branstietter’s husband, Defendant Baxter, was also later arrested on the same aiding escape charges. Branstietter and Baxter provided food, clothing, and housing to Sparks while Sparks was a fugitive. Branstietter is scheduled for sentencing Thursday.
This case is being prosecuted by Assistant U.S. Attorneys Bruce Rhoades and Robert Smith. It is being investigated by the United States Marshal Service, the Federal Bureau of Investigations, the Kansas City Police Department, and the Cass County Sheriff’s Department with other law enforcement agencies also assisting
Convicted Felon Arrested for Attempting to Trade Fentanyl for Four FirearmsRead the Press Release
BOSTON – A Quincy man was arrested yesterday for allegedly distributing fentanyl to obtain four firearms while a convicted felon.
Caesar Ross, 39, was charged with one count of being a felon in possession of firearms and one count of distribution and possession with intent to distribute fentanyl. Ross was arrested yesterday and, following an initial appearance in federal court in Boston this afternoon, was detained pending a hearing set for Sept. 8, 2023 at 2 p.m.
“This case allegedly involves the deadly cocktail of fentanyl and firearms. Our office is committed to do everything in our power to reduce the number of illegal guns on the streets and the amount of fentanyl that is sold in our communities,” said Acting United States Attorney Joshua S. Levy.
“This case illustrates the collaborative efforts by ATF, DEA and QPD to stop firearm trafficking and combat flow of fentanyl into our communities. This alleged illegal activity will not be tolerated and ATF will continue to aggressively partner with local, state and federal law enforcement agencies to target traffickers,” said James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division.
According to court documents, in 2022, an investigation began into Ross, and others, for allegedly engaging in firearms trafficking and other violations of federal firearms and drug laws. It is alleged that Ross met with a cooperating witness yesterday in Quincy to whom he allegedly provided 60 grams of fentanyl in exchange for four firearms, each of which has no visible serial number: a Beretta 92F, 9 parabellum, pistol; a Beretta 96 Brigadier elite IA, .40S&W pistol; a Glock 22, .40S&W pistol; and a FN Herstal 5.7, 5.7x28 pistol. Ross was immediately taken into custody.
Ross is prohibited from possessing a firearm or ammunition due to a prior felony conviction.
The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 15 years in prison, three years of supervised release and a fine of up to $250,000. The charge of distribution and possession with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting U.S. Attorney Levy and ATF SAC Ferguson made the announcement today. Valuable assistance was provided by the Drug Enforcement Administration, New England Division and the Quincy 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.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Connecticut Tax Return Preparer Pleads Guilty to Tax Fraud OffenseRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that DAVID ETIENNE, 49, a Norwich tax return preparer, pleaded guilty yesterday in New Haven federal court to a tax fraud offense.
According to court documents and statements made in court, Etienne operated as a tax return preparer through several businesses, including Los Maestros Inc, Los Maestros Group, Tax Experts USA, and Tax Experts USA Inc. For the 2012 through 2021 tax years, Etienne prepared numerous federal tax returns for clients that included false expenses and losses in connection with sole proprietorship businesses when he knew the taxpayers had not operated sole proprietorship businesses, false unreimbursed employee expenses, and, in certain instances, false medical, dental or education-related expenses. Etienne’s criminal conduct involved tax loss, affecting both the IRS and the Connecticut Department of Revenue Services, of approximately $600,000.
Etienne pleaded guilty to aiding and assisting in the preparation of a false income tax return, an offense that carries a maximum term of imprisonment of three years. He is scheduled to be sentenced by U.S. District Judge Jeffrey A. Meyer on November 29.
Etienne is released on a $100,000 bond pending sentencing.
This investigation has been conducted by the Internal Revenue Service, Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorneys Jennifer R. Laraia and Lauren C. Clark.
Concord Men Sentenced for Firearm Offenses After the Pair of Convicted Felons Possessed Guns in Music Video Posted on Social MediaRead the Press Release
WINSTON SALEM, N.C. - A judge in federal district court sentenced AJENEE SEMUELL FORTE to 100 months in prison today for possession of a firearm by a felon, announced United States Attorney Sandra J. Hairston of the Middle District of North Carolina.
According to court documents, in June 2021, detectives with the Cabarrus County Sheriff’s Office discovered a social media account belonging to AHMAD JALON THOMAS, 24, also known as “Cap Shotta,” that contained a link to a music video wherein THOMAS and his co-defendant, AJENEE SEMUELL FORTE, 31, were shown waving and pointing handguns. At the time the music video entitled, “Life on the Run,” was posted on YouTube and Instagram, both THOMAS and FORTE had outstanding orders for arrest. FORTE was also on federal supervised release resulting from a prior conviction for the same offense.
On June 23, 2021, members of the United States Marshals Regional Fugitive Task Force went to an address in Concord, North Carolina, in an attempt to arrest FORTE on the outstanding warrant. He was apprehended, and a search was conducted of the same apartment unit where the music video was filmed. There, officers found firearms, ammunition, drug paraphernalia, and 235.4 grams of marijuana. At the time of the firearm possession, FORTE had previously been convicted of a felony firearm possession offense and was prohibited from possessing firearms or ammunition.
United States District Judge Loretta C. Biggs sentenced FORTE to a 100-month term of imprisonment and a 3-year term of federal supervised release. FORTE pled guilty at arraignment to an Information containing one count of felon in possession of a firearm on November 10, 2022, in case number 1:22CR361-1. His codefendant THOMAS was sentenced for the same crime to 36 months imprisonment and 3 years of supervised release on June 22, 2023, in case number 1:22CR83-2.
The case was investigated by Homeland Security Investigations and the Cabarrus County Sheriff’s Office, with assistance from the United States Marshals Regional Fugitive Task Force. The case was prosecuted by Assistant United States Attorney Craig M. Principe.
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.
###
Columbia Man Sentenced to Federal Prison for Illegally Exporting Firearms to GhanaRead the Press Release
Baltimore, Maryland – U.S. District Judge Stephanie A. Gallagher sentenced Eric Nana Kofi Ampong Coker, age 41, of Columbia, Maryland today to 30 months in federal prison, followed by two years of supervised release, for the illegal export of firearms to Ghana.
The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) Baltimore Field Division; Special Agent in Charge James C. Harris of Homeland Security Investigations (“HSI”) Baltimore; Special Agent in Charge Christopher Dillard of the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service - Mid-Atlantic Field Office (“DCIS”); and Stephen Maloney, Director of Field Operations for the Baltimore Field Office of U.S. Customs and Border Protection (“CBP”).
According to his guilty plea, since 2017 Ampong Coker has purchased at least 81 firearms from three separate Maryland Federal Firearms Licensees (“FFLs”) and in 2019 received Regulated Firearms Collector status through the Maryland State Police, which waived the restriction on the number of firearms he could purchase during a 30-day period. Investigators also determined that prior to 2021 Ampong Coker had shipped passenger vehicles to Ghana.
In May 2021, federal agents surveilled Ampong Coker as he retrieved firearms purchased from one of the FFLs and was then observed at a business that packaged and shipped items from the Port of Baltimore. A shipping vehicle was subsequently seen departing that location on May 27, 2021. On May 29, 2021, Ampong Coker was searched as he was departing the United States from Detroit, Michigan, bound for Ghana. Agents seized foam cutouts used for packaging and securing firearms in gun cases from his luggage.
In early June 2021, HSI and CBP agents identified a shipping container scheduled to depart the Port of Baltimore for Tema, Ghana, on June 14, 2021. The listed contents of the container included a 2018 Toyota Corolla registered to Ampong Coker but did not include any firearms. On June 8, 2021, HSI, ATF, DCIS, CBP and other agents searched the contents of the shipping container. Within the trunk of the 2018 Toyota Corolla, which had Ampong Coker’s name on cardboard on top of the vehicle, the agents found a grey suitcase with five 9mm handguns previously purchased by Ampong Coker secreted in the lining of the suitcase.
Law enforcement authorities identified another shipping container bound for Ghana containing other vehicles associated with Ampong Coker. The vessel on which this container was loaded was intercepted at sea in June 2021, and returned to the Port of Baltimore. On August 25, 2021, this container was searched and six 9mm handguns and 16 9mm pistol magazines were found in the vehicles associated with Ampong Coker.
Ampong Coker admitted that all of the firearms and magazines were identified on the U.S. Department of Commerce Control List, and he had not obtained the required license or written approval to export the weapons to Ghana.
U.S. Attorney Erek L. Barron commended the ATF, HSI, DCIS, and CBP for their work in the investigation. Mr. Barron also thanked Assistant United States Attorney P. Michael Cunningham, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
# # #
Clovis Man Sentenced to 2 Years Probation for Misdemeanor Wildlife Trafficking ChargeRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Victoria Owens, Special Agent in Charge of the United States Fish and Wildlife Service, Region 2, announced today that Jared Piepkorn, 47, of Clovis, New Mexico pleaded guilty and was sentenced to two years’ probation for Sale of Wildlife Taken in Violation of State Law, a violation of the Lacey Act.
The United States charged Piepkorn with one misdemeanor violation of the Lacey Act occurring in January 2021 after he agreed to also plead guilty in State District Court to several wildlife related charges occurring in January 2022. The United States alleged he engaged in the sale of wildlife by acting as an unregistered guide or outfitter in 2021 and guiding an out of state hunter who killed an Oryx on the White Sands Missile Range without a proper permit.
In addition to serving two years’ probation, Piepkorn was fined $2,000 and will be required to complete 50 hours of community Service. The fine will be used to further wildlife conservation efforts.
The United States Fish and Wildlife Service investigated this case jointly with the New Mexico Department of Game and Fish. Assistant United States Attorney Letitia Carroll Simms prosecuted the case.
# # #
23-210
Church Rock Man Pleads Guilty to Sexual AbuseRead 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 Lathem Eskeets pleaded guilty to one count each of sexual abuse of a minor and abusive sexual contact. Eskeets, 30, of Church Rock, will remain in custody pending sentencing, which has not been scheduled.
According to court documents, between August 2012 and August 2013, Eskeets engaged in a sexual act with a minor victim who was older than 12 at the time, but younger than 16. During the same time period, Eskeets made sexual contact with a minor victim who was younger than 12 at the time.
Upon his release from prison, Eskeets must register as a sex offender.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Zachary Clark Jones is prosecuting the case.
# # #
23-208
Chicago Gang Member Sentenced to Six Years in Federal Prison for Retaliating Against Witnesses in Criminal InvestigationRead the Press Release
CHICAGO — A member of a Chicago street gang has been sentenced to six years in federal prison for retaliating against two witnesses who were cooperating with the government in a criminal investigation into the gang’s activities.
JAVION BUSH, 23, pleaded guilty earlier this year to an obstruction of justice charge. Bush admitted in a plea agreement that in 2021 he posted an image on Facebook that named the two cooperating individuals and contained a note stating, “All rats must di (sic).” Bush tagged the Facebook accounts of the cooperators in his posting. Bush also threatened one of the cooperators in a direct communication to him on Facebook Messenger, stating, “All rats must die.”
The two cooperators had previously testified before a federal grand jury that was investigating a Chicago street gang faction known as the Goonie Boss/Goonie Gang, of which Bush was a member. Bush learned the identities of the cooperators after viewing a law enforcement report that had been provided to another Goonie member who was being prosecuted by the State of Illinois for murder.
The federal investigation of the Goonie gang spanned several years and resulted in the convictions of numerous members and associates, including three Goonie leaders who were convicted this summer of racketeering conspiracy. The jury in that trial found that members of the gang were liable for six murders while terrorizing the Englewood neighborhood on Chicago’s South Side.
U.S. District Judge John Robert Blakey sentenced Bush on Aug. 30, 2023, after a hearing in federal court in Chicago.
The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, Robert W. “Wes” Wheeler, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI, and Fred Waller, Interim Superintendent of the Chicago Police Department.
“Without witnesses, the truth about an incident will never be found,” Assistant U.S. Attorney Albert Berry III argued in the government’s sentencing memorandum. “Witnesses should be protected at all costs and threatening them should be sanctioned swiftly and severely.”
Chatham County man sentenced to more than 10 years in prison for fentanyl and heroin traffickingRead the Press Release
SAVANNAH, GA: A Chatham County man convicted of murder after his indictment on federal drug trafficking charges has been sentenced to federal prison for fentanyl and heroin trafficking.
Dyanta Samuels, 25, of Savannah, was sentenced to 149 months in federal prison after previously pleading guilty to Possession with Intent to Distribute Fentanyl and Heroin, said Jill E. Steinberg, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge R. Stan Baker ordered the sentence to run consecutively with the life sentence Samuels is serving in state prison, and for Samuels to serve three years of supervised release upon completion of his federal prison term.
There is no parole in the federal system.
“This investigation took an illegal drug merchant off the streets along with numerous firearms that are dangerous tools of the violent drug trade,” said U.S. Attorney Steinberg. “We commend our law enforcement partners for outstanding work in bringing Samuels and his co-defendants to justice.”
As described in court documents and testimony, the Savannah Police Department and a U.S. Marshals Task Force were conducting surveillance at a Savannah apartment complex in April 2021 regarding a suspect in a homicide when they observed activity consistent with drug trafficking. Four individuals left the apartment complex in three vehicles, and subsequent traffic stops and searches of those vehicles yielded large amounts of marijuana and fentanyl, along with cash, multiple firearms, and ammunition.
In a search of the apartment, investigators found drug trafficking paraphernalia, quantities of heroin and fentanyl, multiple firearms, and hundreds of rounds of ammunition. Samuels’ plea agreement includes the forfeiture of eight firearms, including semi-automatic pistols and assault-style rifles, along with ammunition and multiple high-capacity magazines.
Samuels and three co-defendants were indicted in May 2022 by a U.S. District Court grand jury. While under indictment, Samuels was convicted in state court for the 2020 shooting death of Kareem Samuels in Savannah, and is serving a life sentence in Jenkins Correctional Facility.
One co-defendant, Shantanese Anderson, 28, of Savannah, is serving a 37-month sentence after pleading guilty to Conspiracy to Possess with Intent to Distribute Marijuana. Two other defendants facing similar charges – Samuels’ girlfriend, Kya Key, 23, of Savannah, and Ismail Maxwell, 26, of Savannah – await sentencing after pleading guilty to similar charges.
“Our partnership with the U.S. Attorney’s Office is key to the Savannah Police Department’s ability to prevent those who choose to bring violence and drugs to our neighborhoods from being able to do so,” said Savannah Police Chief Lenny Gunther. “This is yet another example of how much we can accomplish through collaboration.”
The case was investigated by the Savannah Police Department and the U.S. Marshals Service, and prosecuted for the United States by Assistant U.S. Attorneys Bradley R. Thompson and Frank M. Pennington II.
Charleston Man Sentenced to 20 Years in Prison for Fentanyl and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – Andre Dewayne Williamson, also known as “A3,” 36, of Charleston, was sentenced today to 20 years in prison, to be followed by six years of supervised release, for five counts of distribution of fentanyl and one count of possession of a firearm in furtherance of a drug trafficking crime.
A federal jury convicted Williamson of the offenses following a three-day trial. Evidence at trial proved that Williamson sold quantities of fentanyl to a confidential informant on five occasions in Charleston between July 5 and July 25, 2022. Williamson possessed a pistol in furtherance of the July 5, 2022, drug transaction.
Williamson has a long criminal history with eight prior convictions including voluntary manslaughter on July 30, 2018, unlawful assault with a firearm and wanton endangerment on February 6, 2008, being a felon in possession of a firearm on March 4, 2013, and on August 6, 2013, and possession with intent to deliver a controlled substance, cocaine, on September 9, 2018, all in Kanawha County Circuit Court. Williamson was also convicted of being a felon in possession of a firearm in Kanawha County Magistrate Court on August 6, 2013. Williamson was on parole at the time of his current offense.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Williamson knew he was prohibited from possessing a firearm because of his prior felony convictions when he chose to arm himself with a firearm in furtherance of his drug trafficking to protect his controlled substances, his proceeds and himself.
Williamson’s criminal history also includes violent offenses involving firearms. In separate incidents, Williamson fatally shot one individual, shot and wounded another individual in the leg, and shot at a third individual who was killed during that altercation.
“Andre Williamson is a longtime criminal, and has a history of not only violent offenses but also drug-dealing offenses. He was sentenced today for dealing fentanyl, which I think is one of our greatest threats we’re currently dealing with, both in our state and our society,” said United States Attorney Will Thompson. “This case is the result of excellent investigative work by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Metropolitan Drug Enforcement Network Team (MDENT) and the Charleston Police Department, with vital assistance provided by the Drug Enforcement Administration (DEA) Mid-Atlantic Laboratory. I also commend Assistant United States Attorneys Julie M. White and Joshua Hanks and our trial team for prosecuting the case and securing guilty verdicts on all six counts against Williamson.”
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-154.
###
Canadian Woman Sentenced to 23 Years in Federal Prison for Her Role in Fentanyl Overdoses across Several StatesRead the Press Release
FARGO – United States Attorney Mac Schneider, District of North Dakota, announced that Marie Um, 42, from Montreal, Québec Canada, appeared before Chief Judge Peter D. Welte, U.S. District Court, Fargo, ND, and was sentenced to 23 years in federal prison, $11,048.43 in restitution, and $300 special assessment for the charges of conspiracy to possess with intent to distribute and distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death; conspiracy to import controlled substances and controlled substance analogues resulting in serious bodily injury and death; and international money laundering conspiracy.
On April 11, 2023, the trial of Marie Um commenced, in Fargo, North Dakota. Marie Um was part of an organization that was receiving fentanyl and fentanyl analogues from China and importing them into the United States. After 2 weeks of trial and 3 ½ days of deliberation, the jury found Marie Um guilty of conspiracy to distribute and import controlled substances into the United States and money laundering conspiracy. The jury found that 9 overdoses (4 deaths and 5 serious bodily injuries) were reasonably foreseeable to her. The overdoses were in North Dakota, Oregon, North Carolina, and New Jersey.
This case is part of “Operation Denial,” 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 (S.O.D.) near Washington, DC, as part of “Operation Deadly Merchant.” The investigation started in North Dakota, on January 3, 2015, with the overdose death in Grand Forks, ND, of Bailey Henke.
Operation Denial has led to thirty-one (31) defendants charged in North Dakota and three (3) defendants charged in Oregon. The investigation has resulted in nearly $1 million in cash and property forfeited from members of the organization.
In 2021, Um was extradited from Canada to the United States with substantial assistance from the Office of International Affairs, a component of the Department of Justice.
On August 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.
This case was investigated by Homeland Security Investigations; North Dakota Bureau of Criminal Investigation; U.S. Drug Enforcement Administration; U.S. Postal Inspection Service; Internal Revenue Service – CID; 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 Grand Forks Police Department.
The prosecutor for this case was Assistant U.S. Attorney Christopher C. Myers, District of North Dakota.
######
Burke County man sentenced to more than 16 years in prison for coercing a child into producing child pornographyRead the Press Release
AUGUSTA, GA: A Burke County man has been sentenced to federal prison after admitting he coerced a child to produce sexually explicit images.
Keyshawn Omar Cooper, 21, of Waynesboro, Ga., was sentenced to 200 months in prison after previously pleading guilty to Production of Child Pornography, said Jill E. Steinberg, U.S. Attorney for the Southern District of Georgia. U.S. District Court Chief Judge J. Randal Hall also ordered Cooper to pay $3,000 in restitution, and to serve 15 years of supervised release and register as a sex offender after completion of his prison term.
There is no parole in the federal system.
“This predatory crime represents a nightmare scenario for parents whose children connect with others to play games over the internet,” said U.S. Attorney Steinberg. “Thanks to the vigilance of one of those parents and diligent law enforcement partners, Keyshawn Cooper is no longer a danger to children.”
As described in court, in May 9, 2021, Cooper communicated via an internet application with an 11-year-old child in Missouri, and persuaded the victim to engage in sexually explicit conduct for the purpose of creating visual depictions that the victim then sent to Cooper. The child’s mother discovered the activity and reported it to police in Cape Girardeau, Mo., who enlisted the assistance of the FBI in identifying and locating Cooper.
The investigation determined that the child and Cooper met online while playing the “Grand Theft Auto” video game, and Cooper pretended to be a young girl to persuade the child to send sexually explicit photos. Agents found those images, along with other sexually explicit images of children, saved on a phone seized from Cooper.
“The internet is a very important and useful resource, but unfortunately can also be used for illegal activity as criminals like Cooper seek to prey on the most vulnerable of our population,” said Brian Ozden, Assistant Special Agent in Charge of FBI Atlanta. “Let this be a reminder to parents and caregivers, people can pretend to be anyone online, and you need to remain vigilant with monitoring your child’s online gaming activity and educating them about the risks of communicating with strangers.”
The case was investigated by the Cape Girardeau, Mo., Police Department and the FBI, and prosecuted for the United States by First Assistant U.S. Attorney Tara M. Lyons.
Anyone with information on suspected child sexual exploitation can contact the National Center for Missing and Exploited Children at 800-843-5678, or https://report.cybertip.org/.
Brothers Sentenced to a Combined 15 Years in Federal Prison for Armed Heroin TraffickingRead the Press Release
INDIANAPOLIS- Desmond Breedlove, 34, and DaJaun Breedlove, 23, of Indianapolis, Indiana, have both been sentenced to federal prison after pleading guilty to possession with intent to distribute heroin and carrying a firearm in relation to a drug trafficking crime.
DaJuan Breedlove was sentenced on September 1, 2023, to over 6 years in federal prison. Desmond Breedlove was sentenced in August to a total of 7 years in federal prison for the current heroin trafficking and firearms charges and an additional 2 years for violating the terms of his federal supervised release. At the time he committed the current crimes, Desmond Breedlove was serving 3 years of federal supervised release. Desmond Breedlove was released from federal prison on April 23, 2019, after serving 30 months in prison for unlawful possession of a firearm by a convicted felon.
According to court documents, on May 29, 2021, IMPD officers were patrolling the area of E. 38th Street near the Conoco gas station on the east side of Indianapolis when two individuals, later identified as Desmond Breedlove and DaJaun Breedlove, were seen conducting a drug deal. Officers also saw handguns protruding out of each man’s pants pockets. After the deal concluded, IMPD officers stopped the men after observing their vehicle commit a traffic violation.
Desmond Breedlove was the driver, and admitted to officers that he did not have a valid driver’s license. DaJuan Breedlove was in the front passenger seat. During a lawful search of the vehicle, officers located two 9-millimeter handguns in the glovebox, three additional magazines loaded with 9-millimeter ammunition, a .380 caliber magazine and a 30-round extended magazine, as well as two small baggies containing 21.27 grams of heroin and a digital scale.
U.S. Attorney for the Southern District of Indiana, Zachary A. Myerys, Daryl S. McCormick, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Columbus Field Division, and Randal Taylor, Chief of Police for IMPD made the announcement.
“Our families continue to suffer far too many tragedies stemming from substance abuse and gun violence. Everyone deserves a neighborhood that is safe and free from armed drug dealers like these defendants,” said U.S. Attorney for the Southern District of Indiana, Zachary A. Myers. “I commend the IMPD, ATF, and our federal prosecutors for their work to make us safer with these prosecutions. The serious federal prison sentences imposed here show that those who deal deadly drugs armed with deadly weapons will be held accountable for the damage they do to our communities.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives and IMPD investigated this case. The sentences were imposed by Chief United States District Judge Tanya Walton Pratt. Chief Judge Pratt also ordered that both men be supervised by the U.S. Probation Office for three years following their release from federal prison.
U.S. Attorney Myers thanked Assistant United States Attorneys Jeremy C. Fugate and Peter A. Blackett, who prosecuted this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
###
Bronx Man Sentenced to Prison for Assisting Cousin’s Drug Trafficking EnterpriseRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that JUAN MARTINEZ, JR., 22, of the Bronx, New York, was sentenced yesterday by U.S. District Judge Kari A. Dooley in Bridgeport to 12 months and one day of imprisonment, followed by three years of supervised release, for a narcotics offense.
According to court documents and statements made in court, in September 2020, law enforcement received court-authorization to install a GPS tracking device on a Volvo XC90 belonging to Martinez’s cousin, Joseph Matos, which investigators had learned contained a “trap” that was used to conceal and transport narcotics. Matos lived in both Bridgeport and at a residence on Martha Place in the Bronx, New York. Investigators tracked the Volvo for several months as it traveled between southern Connecticut and New York, on the west coast of the U.S., and to Tijuana, Mexico.
In March 2021, the Volvo was brought back to Connecticut via a car carrier from California. On March 22, 2021, investigators surveilled Matos as he traveled from his Bronx residence to a location in Trumbull where he picked up the vehicle. They stopped the vehicle and arrested Matos after a search revealed approximately two kilograms of cocaine hidden in the trap. Martinez, who assisted Matos’s drug operation, was arrested that same day at the Martha Place residence. A search of the residence revealed more than 500 grams of cocaine, approximately 50 pounds of marijuana, narcotics packing materials, more than $143,000 in cash, eight firearms, silencers, high-capacity magazines, and ammunition. At the time of his arrest, Martinez was in the process of packing the contraband to remove it after learning that Matos had been stopped by police in Connecticut.
On April 4, 2023, Martinez pleaded guilty to being an accessory after the fact to Matos’ possession with intent to distribute narcotics.
Matos pleaded guilty and, on July 26, 2023, he was sentenced to 48 months of imprisonment.
This investigation was conducted by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force, which includes personnel from the DEA Bridgeport Resident Office, the Connecticut State Police, and the Bridgeport, Danbury, Milford, Norwalk, Stamford, and Stratford Police Departments. The case was prosecuted by Assistant U.S. Attorney Karen L. Peck.
Boston Man Sentenced to More Than Five Years in Prison for Bank RobberyRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for robbing a TD Bank branch in Boston.
Coleman Nee, 42, was sentenced by U.S. District Court Judge Indira Talwani to 63 months in prison and three years of supervised release. In November 2022, Nee pleaded guilty to one count of bank robbery.
At approximately 4:15 pm on the afternoon of April 26, 2021 – one day after being released from Suffolk County House of Correction in an unrelated matter – Nee entered a TD Bank branch in Boston, showed a teller what appeared to be a firearm and threatened to kill a teller and a bank customer before robbing the bank of $990. Within 21 minutes of the robbery, Nee was apprehended by law enforcement inside a department store in Downtown Crossing. All but $10 of the stolen money was recovered from the defendant when he was apprehended. During booking, items were recovered from the defendant including a MBTA Charlie Card with a date/time stamp of April 26, 2021, at 4:23pm that reflected $10.00 in cash was used to purchase the Charlie Card.
According to court records, Nee’s prior criminal conduct includes a prior federal conviction for bank robbery, as well as state court convictions for, among other crimes, Armed Robbery, Assault Dangerous Weapon Possession of Firearm with no FID card, Possession of Ammunition with no FID card, Possession of a Firearm in the Commission of a Felony and Knowingly Receiving Stolen Property.
Acting United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigations, Boston Division; John E. Mawn Jr., Interim Colonel of the Massachusetts State Police; Boston Police Commissioner Michael Cox; and Massachusetts Bay Transportation Authority Police Chief Kenneth Green made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of the Major Crimes Unit prosecuted the case.
Bosque Farms Man Sentenced to 38 Months in Jail for Firearms OffenseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced today that Joe Alex Abeita III was sentenced to 38 months in prison. Abeita, 33, of Bosque Farms, pled guilty to being a felon in possession of a firearm and ammunition on March 21, 2023.
According to court documents, on March 3, 2022, tribal police officers attempted to arrest Abeita for an outstanding federal arrest warrant for being a felon in possession of a firearm. Officers initiated the arrest outside the Isleta Tribal Court building after he met with his probation officer. Abeita initially complied before changing his mind and attempting to flee. When officers apprehended him, Abeita continued to resist and moved his hand near his front waistband, which led officers to believe he was reaching for a weapon. When they had successfully secured him, officers asked Abeita if he had any weapons on his person and he admitted that he had a firearm on his leg. Officers determined that the firearm was loaded with a round chambered. This was the second time Abeita possessed a firearm within a span of six months.
Abeita was previously convicted of use of a firearm during and in relation to a crime of violence in 2012. As a previously convicted felon, Abeita cannot legally possess firearms or ammunition.
Upon his release from prison, Abeita will be subject to 3 years of supervised release.
The FBI Albuquerque Field Office investigated this case with assistance from the Isleta Police Department. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.
# # #
23-209
Blackfoot Man Sentenced to 24 Years in Federal Prison Following Convictions for Distribution and Possession of Child PornographyRead the Press Release
POCATELLO – Joseph Hornof, 41, of Blackfoot, was sentenced to 24 years in federal prison for two counts of distribution of child pornography and one count of possession of child pornography, U.S. Attorney Josh Hurwit announced today.
Hornof was convicted of all three charges by a federal jury sitting in Pocatello after a three-day trial in January 2023. Hornof faced a 15-year mandatory minimum sentence due to a prior sex offense against a child from 2009 in Bannock County.
According to testimony and evidence presented at trial, Hornof, used the Kik messenger application to communicate with an undercover officer in North Carolina. Hornof shared videos and images of child pornography with the officer. Hornof then directed the officer to join a social media group called “pedophilia” that Hornof administered. In that group, Hornof distributed 24 videos of child pornography to other members of the group. Law enforcement later served a search warrant at Hornof’s residence in Blackfoot. After seizing his laptop and cellphone, officers discovered additional images of child pornography on the devices.
U.S. Chief District Judge David C. Nye also sentenced Hornof to 15 years of supervised release, which will commence upon completion of his prison sentence. Hornof was ordered to pay $8,000 in restitution to the victims in the images that he possessed and distributed.
“While it is comforting to know that this defendant has been removed from our community, our work to protect Idaho’s children continues,” said U.S. Attorney Hurwit. “Along with our law enforcement partners, we will spare no effort in tracking down and holding accountable anyone who peddles child pornography in Idaho.”
“There is constant work involved in keeping children safe from predators whether online or in person, and this 24 year sentence helps to do just that,” said Special Agent in Charge (SAC) Robert Hammer, who oversees HSI operations in the Pacific Northwest. “HSI highly values our partnerships with the ICAC taskforce as well as the law enforcement agencies involved in making this arrest, as investigations of this type are only successful with our collective expertise.”
U.S. Attorney Hurwit commended the cooperative efforts of the Idaho Falls Police Department, Idaho ICAC Task Force, Boone North Carolina Police Department, and Homeland Security Investigations (HSI), which led to the charges. Assistant U.S. Attorneys Erin Blackadar and John Shirts prosecuted this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
###
Black River Falls Man Sentenced to 15 Months for Failing to Register as Sex OffenderRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Jonathan Julian, 37, Black River Falls, Wisconsin was sentenced today by U.S. District Judge William M. Conley to 15 month in prison, followed by a 10-year term of supervised release, for failing to register as a sex offender. Julian pleaded guilty to this charge on June 2, 2023.
Julian was originally convicted in 2008 in the Western District of New York for possession of child pornography. As a result of this federal conviction, Julian was required to register as a sex offender. Julian completed sex offender registration forms in New York in 2015 and 2016. Julian then changed his address from Seneca, New York to Buffalo, New York. After that, Julian stopped registering as a sex offender.
In January 2023, the U.S. Marshals Service received an anonymous tip that Julian moved from New York to Wisconsin. Through their investigation, deputies from the U.S. Marshals Service determined that from October 2018 through March 2023, Julian lived and worked in the area of Black River Falls, Wisconsin. Julian did not report his Wisconsin employment or residence as required, which led to the federal charge that resulted in today’s sentencing.
In sentencing Julian, Judge Conley expressed concern that Julian made no attempt to comply with his requirement to register as a sex offender when he moved to Wisconsin.
The charge against Julian was the result of an investigation conducted by the U.S. Marshals Service and the Jackson County Sheriff’s Department. Assistant U.S. Attorney Chadwick M. Elgersma prosecuted this case.
Beverly Farms Man Pleads Guilty to Multi-Million Dollar Payroll SchemeRead the Press Release
BOSTON – A Beverly Farms man pleaded guilty today in connection with a payroll scheme involving underreporting of overtime hours for his union employees and failing to collect and pay payroll taxes.
Frank Loconte, 62, pleaded guilty to one count of mail fraud and one count of failing to pay taxes. U.S. District Court Judge Denise J. Casper scheduled sentencing for Nov. 29, 2023. Loconte was indicted by a federal grand jury in October 2022.
From 2009 to 2022, Loconte was the president of NER Construction Management Corporation, a Wilmington-based construction company that employed union workers. Loconte was also the president of the company’s employment management company, NER Management LLC. Loconte was responsible for collective bargaining with multiple unions, including the Bricklayers and Allied Craftsmen Local Union No. 3 and various local unions affiliated with the Massachusetts and Northern New England Laborers’ District Council of the Laborers International Union of North America. On behalf of NER, Loconte was bound by collective bargaining agreements with the unions which governed the transfer of worker benefit contributions to employee welfare and pension benefit plans, each of which was subject to ERISA provisions. As a result, NER was required to make periodic contributions to the benefit funds each hour worked by covered employees at rates prescribed and to deduct dues from the pay of each union worker which was also to be forwarded to the benefit funds.
From approximately January 2014 and May 2022, Loconte engaged in a scheme to defraud the union benefit funds and the IRS by paying certain of its union workers for overtime hours worked without reporting these hours to the union benefit funds and without making the required payroll tax withholdings and payments. At times, some NER employees were paid entirely in cash for overtime hours worked and, at other times, the employees were paid by check without the required withholdings. Loconte also caused NER to file false and fraudulent remittance reports with the benefit funds and the unions which underreported the overtime hours worked by these employees thereby depriving the benefit funds and unions of contributions owed to their members. Loconte also caused NER to file false and fraudulent IRS payroll taxes that underreported the amount of wages paid.
Instead of paying employment taxes, Loconte used NER business accounts to pay for personal expenses, including vehicles, personal property taxes, household improvements, and golf memberships, and failed to report these benefits to the IRS. As a result, Loconte defrauded union workers of more than $l million dollars for overtime work covered by the collective bargaining agreements and defrauded the IRS of more than $3 million by not making the required payroll tax and union dues withholdings and payments.
The charge of mail fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. The charge of willful failure to collect and pay over taxes provide for a sentence of up to five years in prison, two years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Carol S. Hamilton, Regional Director, U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office; Jonathan Russo, District Director, U.S. Department of Labor, Office of Labor-Management Standards; Harry Chavis, Jr., Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Jonathan Mellone, Special Agent in Charge of Department of Labor, Office of Inspector General, Labor Racketeering and Fraud Investigations; and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Laura J. Kaplan of the Criminal Division is prosecuting the case.
Beloit Woman Sentenced to 30 Months for Sale of CocaineRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Dominique Holsten, 35, Beloit, Wisconsin, was sentenced today by U.S. District Judge William M. Conley to 30 months in federal prison for distributing cocaine. This prison term will be followed by a 3-year term of supervised release. Holsten pleaded guilty to this charge on May 15, 2023.
In the fall of 2021, Holsten’s husband, Depronce Burnett, distributed cocaine and methamphetamine, primarily out of the couple’s home in Beloit. Even after his arrest by Beloit Police on September 30, 2021, Burnett directed the further sale of cocaine and methamphetamine by calls from the jail to his wife, Dominique Holsten, with sales continuing until police executed search warrants at their Beloit home on October 27, 2021. There, officers found hidden stashes of illegal narcotics including more than 900 grams of cocaine, over 500 grams of methamphetamine, and $87,000 in U.S. currency.
In deciding upon a sentence for Holsten, Judge Conley noted that Holsten had no previous history of any involvement in narcotics trafficking. Conley attributed her involvement in sales she performed to the control and direction of her husband. Burnett had a significant number of prior convictions for trafficking in narcotics over many years.
Burnett was sentenced by Judge Conley on August 8, 2023, to an 11-year prison term for possessing for distribution the large amounts of drugs discovered in the search of the home, plus numerous documented drug sales.
The charges against Holsten and Burnett were the result of an investigation conducted by the Wisconsin Department of Justice Division of Criminal Investigation, the Beloit and Janesville Police Departments, and the Drug Enforcement Administration. The prosecution of this case has been handled by Assistant U.S. Attorney Robert A. Anderson.
Bellevue Man Sentenced to 110 Months for Distributing Child PornographyRead the Press Release
Acting United States Attorney Susan Lehr announced that Robert A. Ryan, 35, of Bellevue, Nebraska, was sentenced today in federal court in Omaha by United States District Judge Brian C. Buescher to 110 months’ imprisonment for distribution of child pornography. After his release from prison, Ryan will begin a five-year term of supervised release. There is no parole in the federal system.
On September 17, 2021, Kik, a social media application, identified at least two videos of minors engaging in sexually explicit conduct that were distributed to others on the Kik application. Kik captured the Internet Protocol (IP) address that was used to distribute the videos as well as the Kik account name. Law enforcement obtained information related to the IP addresses, which ultimately identified Ryan as the subscriber and his residence in Bellevue, Nebraska. Law enforcement executed a search of Ryan’s residence and seized his cellular phone. Forensic analysis of the cellular phone found numerous images of minors engaging in sexually explicit conduct.
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 Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI's Child Exploitation and Human Trafficking Task Force.
Associate Attorney General Vanita Gupta Statement on Preliminary Injunction Ruling in U.S. v. Abbott et al.Read the Press Release
The Justice Department’s Associate Attorney General Vanita Gupta made the following statement following a federal judge’s ruling on a motion for preliminary injunction by the Justice Department in the case U.S. v. Abbott et al.
“Today, a federal judge granted a preliminary injunction requiring Texas to remove its floating barrier from the middle of the Rio Grande and prohibiting Texas from constructing new barriers in the river. We are pleased that the court ruled that the barrier was unlawful and irreparably harms diplomatic relations, public safety, navigation, and the operations of federal agency officials in and around the Rio Grande.”
Administrator of Scam Telegram Channel Charged with FraudRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury indicted a Birmingham-area man for his role operating a scam Telegram channel dedicated to the sale of stolen and fraudulent checks, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples, and U.S. Postal Inspection Service Inspector-in-Charge Scott D. Fix, Houston Division.
An eleven-count indictment filed in U.S. District Court charges Mekhi Diwone Harris, 24, of Birmingham, Alabama with conspiracy, wire fraud, and bank fraud. Harris was arrested on August 9, 2023, pursuant to a complaint issued by the U.S. District Court for the Northern District of Alabama.
The indictment alleges that between October 2022 and August 2023, Harris participated in a scheme to sell stolen or otherwise fraudulent checks on a Telegram channel called “Work Related Slips.” According to court documents, thousands of stolen or fraudulent checks have been posted to the “Work Related Slips” channel since October of last year. The victims include individuals, municipalities, utilities, churches, nursing homes, schools, non-profit groups, and businesses across the country — including hundreds in the Northern District of Alabama. The total value of the checks posted to the "Work Related Slips" channel is more than $15 million.
The maximum penalty for conspiracy to commit bank fraud or conspiracy to commit wire fraud affecting a financial institution is 30 years in prison. The maximum penalty for wire fraud is 20 years in prison. The maximum penalty for bank fraud is 30 years in prison.
The FBI investigated the case, which is being prosecuted by Assistant U.S. Attorney Edward J. Canter. The U.S. Attorney’s Office for the Southern District of Alabama, the U.S. Postal Service Office of Inspector General, and the U.S. Postal Inspection service all provided significant assistance during the course of the investigation.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
70-Year-Old Human Smuggler Sentenced to 45 Months in PrisonRead the Press Release
TUCSON, Ariz. – Michael Ortiz, 70, of Tucson, Arizona was sentenced by United States District Judge Raner C. Collins on August 29, 2023, to 33 months in prison, followed by three years of supervised release. Ortiz pleaded guilty to Transportation of Illegal Aliens for Profit. Ortiz also was sentenced to 12 months of consecutive imprisonment for violating conditions of his federal supervised release, which was imposed for the defendant’s 2018 alien smuggling conviction.
On July 21, 2022, Ortiz was encountered by United States Border Patrol agents while transporting four individuals who were illegally in the United States. Ortiz failed to yield to agents, traveled at speeds of 90 miles-per-hour, and evaded law enforcement for approximately 30 minutes. He was apprehended after his vehicle became stuck near a wash on a dirt road.
Customs and Border Protection’s U.S. Border Patrol conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR 22-01803-TUC-RCC
CR 18-00360-TUC-RCC
CR 13-01304-TUC-RCC
RELEASE NUMBER: 2023-131_Ortiz# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
5 September 2023
Waterloo Drug User Who Possessed a Firearm SentencedRead the Press Release
A Waterloo woman was sentenced today to three months in federal prison for possessing a firearm while using marijuana.
Lakeena Marie Pendleton, age 36, from Waterloo, Iowa, received the prison term after a March 6, 2023 guilty plea to possession of a firearm by a drug user.
In July 2021, and then again in March 2022, Pendleton purchased a firearm, and indicated on an ATF Form 4473 that she was not an unlawful user of marijuana. At the time she purchased both firearms, she knew she was an unlawful user of marijuana and knowingly made a false statement and representation to a federal licensed firearm dealer. In May 2022, Pendleton was stopped while driving. Police located one of the firearms she previously purchased in the vehicle, along with alcohol, and a small amount of marijuana on her person.
Pendleton was sentenced in Cedar Rapids by United States District Court Judge Leonard T. Strand. Pendleton was sentenced to three months’ imprisonment. She must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
Pendleton is currently out on bond and will self-surrender on October 17, 2023.
The case was prosecuted by Special Assistant United States Attorney Nicole L. Nagin, and it was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and 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-2050.
Follow us on Twitter @USAO_NDIA.
Vandalia man pleads guilty to possessing bulk amounts of fentanyl within elementary school zoneRead the Press Release
DAYTON, Ohio – A Vandalia man pleaded guilty in U.S. District Court today for possessing drugs in a school zone.
Jason Glanton, 34, of Vandalia, possessed with the intent to distribute 40 grams or more of fentanyl within 1,000 feet of Helke Elementary School on Randler Avenue in Vandalia.
According to court documents, in the fall of 2022, the FBI and Dayton Police Department began investigating Glanton for fentanyl trafficking. Law enforcement observed Glanton sell fentanyl on at least three occasions in January and February 2023.
While executing a search warrant in February 2023, agents discovered more than 136 grams of fentanyl, $9,000 in cash, five semiautomatic handguns and more than 300 rounds of ammunition in a basement office at Glanton’s home on Pool Avenue. Investigators also discovered three loaded handguns in the primary bedroom.
In Glanton’s Chevrolet Silverado, officials discovered $10,000 in cash in the trunk and a loaded handgun in a hidden compartment inside the vehicle.
When Glanton was arrested in March 2023, he had more than $1,700 in cash on him and nearly 75 grams of fentanyl in his Chrysler 300.
Glanton faces a prison sentence of five to 80 years. Sentencing of the defendant will be determined by the Court at a future hearing based on the advisory sentencing guidelines and other statutory factors.
This prosecution is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, and gangs that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Orville O. Greene, Special Agent in Charge, Drug Enforcement Administration; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Dayton Police Chief Kamran Afzal announced the guilty plea entered today before Senior U.S. District Judge Thomas M. Rose. Assistant United States Attorney Kelly K. Rossi is representing the United States in this case.
# # #
United States Obtains Consent Decree Against Apex Building Company for Violating Lead Paint Safety RegulationsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Lisa F. Garcia, the Regional Administrator for Region 2 of the U.S. Environmental Protection Agency (“EPA”), announced today that the United States filed a civil lawsuit against APEX BUILDING COMPANY, INC. (“APEX”) alleging violations of the Toxic Substances Control Act (“TSCA”) and EPA’s Renovation, Repair, and Painting Rule (“RRP Rule”). The United States simultaneously entered into a Consent Decree resolving that lawsuit. The Consent Decree includes a $606,706 civil penalty, the second largest civil penalty ever imposed under the RRP Rule, and requires APEX to take steps to mitigate potential harms caused by its conduct.
U.S. Attorney Damian Williams said: “Apex’s conduct threatened to expose people, including children, to toxic lead paint dust in communities that already suffer disproportionately from public health and environmental hazards. Through this lawsuit and consent decree, we are holding Apex responsible for its legal violations.”
EPA Regional Administrator Lisa F. Garcia said: “This company’s actions were inexcusable; they are also all too common, that is why EPA is partnering with state and local partners to crack down on improper renovation work that can expose our kids to toxic lead. There is no safe level of lead, and lead paint dust is the biggest source of lead exposure for children. As evidenced by this case, if companies think they can get away with endangering our kids, they are wrong.”
The TSCA and the RRP Rule impose safety requirements to minimize the risk that young children, tenants, and renovation workers are exposed to toxic lead paint dust during renovations of residential buildings. Exposure to lead paint dust is the most common cause of lead poisoning, which can lead to severe, irreversible health problems, particularly in children. Lead poisoning can affect children’s brains and developing nervous systems, causing reduced IQ, learning disabilities, and behavioral problems.
As alleged in the United States’ complaint filed in the district court:
APEX is a general contractor that conducted renovation work in hundreds of apartment units between 2015 and 2021. In March 2016, the New York City Department of Health and Mental Hygiene inspected an APEX worksite and found that it had failed to contain lead dust, resulting in dust containing lead-based paint in excess of federal standards entering public hallways, in violation of the RRP Rule. The EPA determined that APEX also lacked required certifications, failed to train its workers on lead-safe work practices, and failed to inform the building owner and occupants of the risks of lead poisoning during that renovation. When APEX was informed of these issues, it provided the EPA with inaccurate information about its RRP Rule compliance. Rather than coming into full compliance with the law, APEX continued to violate the RRP Rule through at least 2021. These alleged violations occurred at low-income residential properties, where tenants are already disproportionately burdened by other environmental hazards.
In the Consent Decree, APEX admits, acknowledges, and accepts responsibility for the following conduct:
- Failing to adequately contain construction dust, including dust containing lead in excess of levels permitted under the RRP Rule at one renovation project.
- Failing to assign a certified renovator to oversee the project, in violation of the RRP Rule at one renovation project.
- Failing to provide on-the-job lead safety training to workers, in violation of the RRP Rule at one renovation project.
- Failing to post signs clearly defining its work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area, in violation of the RRP Rule at one renovation project.
- Failing to provide a lead-hazard information pamphlet to the owner or occupants of the building before commencing work, in violation of the RRP Rule at one renovation project.
- Failing to ensure that a certified renovator regularly directed work being performed at these projects and to provide on-the-job training for APEX’s other workers, in violation of the RRP Rule at three projects.
- Failing to maintain documentation showing that it provided lead-hazard information pamphlets to the owners or occupants of the buildings or that it had posted warning signs in the buildings, in violation of the RRP Rule at three projects.
* * *
Pursuant to the Consent Decree, APEX will pay a penalty of $606,706, an amount based on the company’s documented inability to pay the full civil penalty for which it otherwise would be liable. Further, the Consent Decree requires APEX to comply with safe work practices and other RRP Rule requirements in the future and to conduct tenant and worker safety information sessions to mitigate potential harms it caused. Failure to comply with the Consent Decree will give rise to significant additional penalties.
To provide public notice and afford members of the public the opportunity to comment on the Consent Decree, the Consent Decree will be lodged with the District Court for a period of at least 30 days before it is submitted for the Court’s approval.
Mr. Williams thanked the attorneys and enforcement staff at EPA Region 2 for their critical work on this matter.
This case is being handled by the Environmental Protection Unit of the Office’s Civil Division. Assistant U.S. Attorneys Mónica P. Folch and Zack Bannon are in charge of the case.
U.S. v. Apex Complaint U.S. v. Apex Proposed Consent DecreeUnited States Attorney’s Office for the District of Maryland and Justice Department Civil Rights Division Secure Agreement in Sexual Harassment Lawsuit Against Baltimore County Fire DepartmentRead the Press Release
Baltimore, Maryland – The United States Attorney’s Office for the District of Maryland and the Department of Justice’s Civil Rights Division announced today that they have reached a settlement with Baltimore County, Maryland for significant relief and compensation for victims of sexual harassment. The settlement resolves the Justice Department’s complaint alleging that Baltimore County, through the Baltimore County Fire Department (BCFD), violated Title VII by subjecting several female employees to a hostile work environment based on their sex. Title VII is a federal statute that prohibits employment discrimination based on race, color, national origin, sex, and religion and prohibits retaliation against employees for opposing discriminatory employment practices.
The settlement was announced by United States Attorney for the District of Maryland Erek L. Barron and Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
According to the complaint, filed today in the United States District Court for the District of Maryland, several female employees were subjected to a hostile work environment when a male coworker distributed nude and inappropriate photographs of female BCFD employees to other coworkers, solicited such photographs from coworkers, and posted the photographs on a social media site. The complaint further alleges that BCFD failed to take prompt and appropriate actions to correct the ongoing hostile work environment. As alleged, BCFD failed to promptly and thoroughly investigate the harassment and failed to adequately communicate with the victims as the harassment came to light, perpetuating the hostile work environment that the female employees faced.
“Every workplace should foster respect and dignity for all employees, period,” said U.S. Attorney Erek L. Barron. “Our mission to protect civil rights extends to sexual harassment and employers should be on notice that we will vigorously enforce the laws. We are pleased that Baltimore County has agreed to take comprehensive steps to ensure that their employees feel safe, respected, and valued at their workplace.”
“Women deserve protection from sexual harassment and sex discrimination in the workplace, and this lawsuit and consent decree demonstrate the department’s commitment to that principle,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Like any other employer, fire departments must take prompt and appropriate actions to correct an ongoing hostile work environment. Addressing sexual harassment in the firefighting industry is critical to efforts to bring more women into a profession where they have faced historic rates of exclusion, marginalization and discrimination.”
Under the terms of the consent decree, if approved by the court, BCFD will overhaul its process for investigating complaints of sexual harassment, provide periodic sexual harassment training to its employees, and conduct a workplace climate survey to gather information to aid in efforts to keep the workplace free of harassment. The County will also pay $275,000 to compensate female employees that were harmed by the harassment.
This case stems from a charge of discrimination filed by a Commissioner for the Equal Employment Opportunity Commission’s (“EEOC”) Baltimore office. The EEOC investigated the charge and found reasonable cause that BCFD violated Title VII. After unsuccessful conciliation efforts, the EEOC referred the charge to the Department of Justice.
The Baltimore EEOC Office Director Rosemarie Rhodes added, “Sexual harassment in the workplace too often goes uncorrected. Allowing such behavior to go unchecked when it affects one victim of sexual harassment is too much, let alone when it affects at least eleven victims. It’s critical to remind victims that sexual harassment is against the law, they do not have to tolerate it at work, and they are protected when they complain.”
The case is being handled by Assistant U.S. Attorney Sarah Marquardt of the U.S. Attorney’s Office for the District of Maryland and Trial Attorneys Shan Shah and Sharion Scott of the Employment Litigation Section of the Justice Department’s Civil Rights Division.
For more information on the Maryland U.S. Attorney’s Office’s civil rights work, please visit https://www.justice.gov/usao-md/civil-rights.
# # #
Trucker Federally Indicted on Child Exploitation ChargesRead the Press Release
WILMINGTON, Del. – A federal grand jury returned an indictment today charging an out-of-state truck driver with violations of various child pornography laws.
According to court documents, David Morrison, Jr., 49, of North Carolina transported a collection of child pornography into Delaware from out of state on or about July 20, 2023. Additionally, the indictment alleges that, while in Delaware, Morrison received and possessed child pornography.
Morrison is charged with Transportation, Receipt and Possession of Child Pornography. If convicted, he faces a mandatory minimum penalty of five years in prison, with a maximum penalty of 20 years. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Morrison was originally charged via complaint on August 2, 2023.
David C. Weiss, U.S. Attorney for the District of Delaware made the announcement. Assistant U.S. Attorney Briana Knox is prosecuting the case. The case is being investigated by Homeland Security Investigations.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Statement by U.S. Attorney Markenzy Lapointe for the Southern District of Florida, and Special Agent in Charge Jeffrey B. Veltri, FBI, Miami Field OfficeRead the Press Release
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, and Special Agent in Charge Jeffrey B. Veltri, FBI, Miami Field Office, issued the following statement:
Historically Black Colleges and Universities (HBCUs) offer their diverse student body a unique academic and cultural experience built on pride, resilience, and unity. HBCUs and their students strengthen our communities. We are incredibly fortunate to have HBCUs throughout the country, including here in South Florida.
HBCUs were created in the 1800s to provide educational opportunities for Black students who were excluded and unwelcome from attending existing colleges and universities. HBCUs across our great nation are venerable institutions where students thrive and should always be safe from harm. The U.S. Attorney’s Office for the Southern District of Florida and the FBI stand ready to investigate and prosecute allegations of a criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity. We are united in our efforts to protect the safety and security of our South Florida students, visitors, and residents. As Attorney General Merrick B. Garland stated last month, “The Justice Department will never stop working to protect everyone in our country from unlawful acts of hate.”
We encourage the community to report all suspected hate crimes to the FBI at 1-800-CALLFBI (1-800-225-5324) and tips.fbi.gov.
###
St. Paul Woman Sentenced to Three Years in Prison for Role in Child Sex Trafficking ConspiracyRead the Press Release
MINNEAPOLIS – A St. Paul woman has been sentenced to 36 months in prison followed by five years of supervised release and restitution to the victims for her role in a sex trafficking conspiracy, announced United States Attorney Andrew M. Luger.
According to court documents, from May 2020 through December 2020, Gisela Castro Medina, 21, conspired with co-defendant Anton Joseph Lazzaro, 32, to recruit and solicit six minor victims to engage in commercial sex acts.
The prosecution team, led by Assistant United States Attorneys Melinda Williams, Laura Provinzino and Emily Polachek, said, “Anton Lazzaro and Gisela Castro Medina have been held accountable for their crimes. This case has shown the reality of modern-day sex trafficking: wealth, privilege, and social media used as weapons to target and manipulate vulnerable youth. It’s been a long road and we are grateful to the victims for their strength and resilience throughout.”
According to court documents, in May 2020, Castro Medina met Lazzaro through the Seeking Arrangement website, which is known as a “sugar daddy” website. Lazzaro began communicating with Castro Medina and a minor victim and invited them to his condo at the Hotel Ivy in Minneapolis. Before arriving at the Hotel Ivy, Castro Medina told Lazzaro that the minor victim was only 16 years old. Lazzaro provided Castro Medina and the minor victim with alcohol and paid them $600 for commercial sex acts with him. Lazzaro continued to engage in commercial sexual acts with the minor victim and, on each occasion, Lazzaro paid her in the form of an envelope of cash. Half of each cash payment was for Castro Medina.
According to court documents, Castro Medina and Lazzaro continued to communicate via Snapchat, WhatsApp, and Signal. Lazzaro directed Castro Medina to use WhatsApp and eventually Signal because of the applications’ encryption and deletion features. Castro Medina used social media and her school, friend, and community networks to identify other minor girls for Lazzaro. Castro Medina would show Lazzaro photographs of minor girls and if Lazzaro “approved” Castro Medina would reach out to the minor and provide the minor’s contact information to Lazzaro. Castro Medina told the minors that Lazzaro was an older guy with a lot of money, and that he wanted to be a sugar daddy to younger girls.
Castro Medina admitted that, at the time of recruitment, she knew that the victims were minors and that Lazzaro paid the minor victims money in exchange for sex acts. Castro Medina also admitted that Lazzaro provided the minor victims with alcohol, vapes, food, smartphones, high-end purses, rooms in the Hotel Ivy, and transportation. For her role of identifying, recruiting, and introducing minors, Lazzaro compensated Castro Medina with cash and Venmo payments, as well as rent and utility payments for her apartment, tuition payments to the University of St. Thomas, car payments, travel expenses, and other items.
According to court documents, Castro Medina and Lazzaro discussed which of the minor victims spoke to law enforcement following the execution of federal search warrants in December 2020. Castro Medina admitted that in March 2021, she and Lazzaro aided and abetted one another to obstruct law enforcement by agreeing to pay off a 15-year-old victim to prevent her from talking to law enforcement about engaging in commercial sex with Lazzaro. Castro Medina picked up the minor victim at her place of employment, drove the minor victim around in her Mini Cooper, and provided her with hundreds of dollars in cash, gift cards, vapes, and alcohol from Lazzaro. Castro Medina also told the minor victim not to text Lazzaro anymore.
On December 19, 2022, Castro Medina pleaded guilty to one count of conspiracy to commit sex trafficking of minors and one count of obstruction. She was sentenced today by Chief Judge Patrick J. Schiltz who stated that Castro Medina helped Lazzaro at “every step of the way.”
This case is the result of a joint investigation by the FBI and the Minnesota Human Trafficking Investigators Task Force – led by the Bureau of Criminal Apprehension, with assistance from Homeland Security Investigations, the Minneapolis Police Department, the West Hennepin Public Safety Department, and the Wright County Sheriff’s Office.
Assistant U.S. Attorneys Melinda A. Williams, Laura M. Provinzino, and Emily A. Polachek are prosecuting the case. Assistant U.S. Attorney Craig Baune is handling the seizure and forfeiture of assets.
Southern District prosecutes nearly $11 million in COVID fraud as part of national enforcement actionsRead the Press Release
SAVANNAH, GA: As part of a coordinated nationwide effort to fight COVID-19 fraud, the Southern District of Georgia has taken action against individuals who illegally obtained nearly $11 million in funds intended to help struggling small businesses during the global pandemic.
As announced by U.S. Attorney Jill E. Steinberg, and in conjunction with the Justice Department’s nationwide effort, the Southern District of Georgia conducted more than 20 enforcement actions from May through July 2023, involving a total of $10.9 million in alleged COVID-19 relief fraud.
“Funding through the 2020 Coronavirus Aid, Relief and Economic Security (CARES) Act provided more than more than $650 billion to assist small businesses navigating the financial challenges of the pandemic,” said U.S. Attorney Steinberg. “Unfortunately, fraudsters tapped into this program for their own profit, and this nationwide effort seeks to hold them accountable for their widespread fraud.”
The CARES act provided small business assistance primarily with grants and forgivable loans available through the Paycheck Protection Plan (PPP) or Economic Injury Disaster Loans (EIDL). The Southern District of Georgia U.S. Attorney’s Office, working with its law enforcement partners, conducted multiple enforcement actions during the May-June period including:
- Kamario Thomas, 42, of Augusta, Ga., was sentenced to 38 months in prison for Conspiracy to Commit Wire Fraud and Money Laundering. Thomas submitted more than 60 fraudulent loan applications for pandemic relief and received hundreds of thousands of dollars in kickbacks for his fraud. Thomas was ordered to pay full restitution in the amount of $4,546,945.
- Bernard Okojie, 41, of McDonough, Ga., was convicted of Conspiracy to Commit Wire Fraud and Money Laundering after a three-day jury trial. As detailed during trial, Okojie used information for non-existent companies to file more than 20 fraudulent loan applications for pandemic relief aid, causing losses in excess of $3.5 million. He awaits sentencing.
- Jacqueline Somesso, 55, of Savannah, was sentenced to 18 months in prison for Bank Fraud and Misprision of a felony. Somesso submitted a fake pandemic relief loan application resulting in losses of $570,736.87. She was ordered to pay restitution in this amount and to forfeit a money judgment in that amount. The Court also entered a consent order forfeiting her interest in a certificate of deposit of $350,236.54 and a bank account of $3,520.91, both containing fraud money seized from her during the investigation.
- Kyle Waldron, 58, of Douglas, Ga., received service of a civil forfeiture complaint arising from his filing of numerous fraudulent loans applications for pandemic relief aid. The complaint seeks forfeiture of $326,461.33, the amount of fraud money seized from his bank account.
- A civil forfeiture complaint was filed and continues to be litigated concerning an Atlanta condominium on Peachtree Road Northwest. This property, valued at $328,000, was purchased with money obtained fraudulently through pandemic relief loans.
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.
These cases were investigated by the Department of the Army Criminal Investigation Division, Internal Revenue Service Criminal Investigations, the U.S. Secret Service, the U.S. Treasury Inspector General for Tax Administration, the Small Business Administration Office of Inspector General, the FBI, the U.S. Postal Inspection Service, and the U.S. Department of Labor Office of Inspector General.
The enforcement actions were prosecuted for the United States by Assistant U.S. Attorneys Matthew A. Josephson, Jennifer A. Stanley, Ryan C. Grover, Lindsay Berman-Hansell, J. Bishop Ravenel, Alex Hamner, Marcella Mateo, David H. Estes, and Senior Litigation Counsel Jennifer G. Solari.
Shelton Man Sentenced to Prison for Defrauding AmazonRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that OSHANE STEWART, 31, of Shelton, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 18 months of imprisonment, followed by three years of supervised release, for defrauding Amazon.com, Inc. (“Amazon”).
According to court documents and statements made in court, Stewart created multiple vendor accounts with Amazon allowing him to sell merchandise through the website on a third-party basis. He often opened the accounts using false names, email addresses and other identifying information. After setting up the accounts, Stewart represented to Amazon that he was shipping it valuable merchandise to be held for sale by the company. In reality, he would not ship the merchandise, and would later falsely claim that it had been lost, supporting his false claims with fabricated documents. Amazon sent Stewart a series of refunds for the purportedly lost merchandise.
Through this scheme, Stewart defrauded Amazon of approximately $742,231.16. Judge Thompson ordered him to pay full restitution.
On November 8, 2022, Stewart pleaded guilty to one count of wire fraud.
Stewart who is released on bond, is required to report to prison on December 5.
Two other individuals have pleaded guilty to charges in connection with this scheme. On February 10, 2022, Stewart’s brother, Kenoy Stewart, pleaded guilty and admitted that his conduct resulted in a loss to Amazon exceeding $1 million. Rajhni Yankana pleaded guilty on August 26, 2022. Each awaits sentencing.
This matter has been investigated by the Federal Bureau of Investigation, with assistance from Amazon. The case is being prosecuted by Assistant U.S. Attorneys Conor M. Reardon and Christopher W. Schmeisser.
Second Gunman Sentenced to 22 Years in Prison for August 11, 2018, Gang-Related MurderRead the Press Release
SAN FRANCISCO –Jose Aguilar, aka Slim, was sentenced to serve 22 years in prison for his role in the August 11, 2018, murder of then-19-year-old Gerson Romero, announced United States Attorney Ismail J. Ramsey and San Francisco Homeland Security Investigations (HSI) Special Agent in Charge Tatum King. The sentence was handed down by the Hon. Vince Chhabria, United States District Judge.
“We will not surrender the streets of San Francisco to violent street gangs,” said U.S. Attorney Ramsey. “Gang violence will not lead to personal profit. To the contrary; where appropriate we will seek severe, impactful sentences, such as the decades-long one imposed here.”
“This sentencing sends a message to criminal gang members that they will face justice for menacing our communities through murder and other violent crime,” said Special Agent in Charge King. “This case has been hard fought by the men and women of HSI, the San Francisco Police Department, and the U.S. Attorney’s Office, Northern District of California, and we hope that this sentencing provides some solace for the senseless loss of loved ones.”
Aguilar, 34, of San Francisco, pleaded guilty to the charge on May 3, 2023. According to his plea agreement, Aguilar admitted that on the day of the murder, he was a member of the 19th Street/16th Street Sureños, a San Francisco street gang. He further admitted that the gang was an amalgamation of two gangs, one that claimed “territory” bounded by 19th Street to the South, 16th Street to the North, Folsom Street to the East, and Dolores Street to the West and the other that generally operated around 16th Street and Mission Street, in the Mission District of San Francisco. The gang also operated in Dolores Park and Franklin Square Park (also known as Bryant Park). Aguilar acknowledged that the street gang operated as a “racketeering enterprise” and that members of the gang sought to maintain control of designated neighborhoods by, among other things, committing crimes. In this case, the indictment described, and Aguilar admitted, how members of the 19th Street/16th Street Sureños committed acts of violence, sold narcotics, and engaged in robberies to meet the aims of the criminal enterprise.
Aguilar admitted that on the day of the murder, he and fellow gang members were scouting for rival gang members to retaliate for an earlier drive-by shooting when they spotted Romero and several of his friends. Aguilar and his fellow gang members, including Jonathan Escobar, 24, of Richmond, Calif., concluded that Romero and the others were members of a rival gang. After two pedestrians passed by, Aguilar and his fellow gang members took aim and began firing. The bullets killed Romero. Aguilar and Escobar fired repeatedly, continuing to shoot even after Romero had fallen. Five other victims fled from the gunfire, three of them struck and wounded.
On April 15, 2021, a federal grand jury indicted Aguilar and Escobar, charging each defendant with the murder (using a firearm in furtherance of a crime of violence resulting in death, in violation of 18 U.S.C. §§ 924(j)(1) and 2) and with an additional firearm charge (use and carrying of a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. §§ 924(c)(1)(A) and 2). Aguilar pleaded guilty to the first count, and the second count was dismissed.
On April 5, 2023, Escobar pleaded guilty to his role in the crime, and on June 28, 2023, Judge Chhabria sentenced him to 26 years in prison for that crime and two others committed while he was in pretrial detention. Aguilar and Escobar both have been in federal custody since their arrest on April 20, 2021.
The case is being prosecuted by the Organized Crime Strike Force of the United States Attorney’s Office for the Northern District of California. The prosecution is the result of an investigation by Homeland Security Investigations with assistance from the San Francisco Police Department’s Gang Task Force and Homicide Unit.
Schulter Resident Sentenced for 2018 MurderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nacole Ryan Bain aka Nacole Ryan Spears, age 42, of Schulter, Oklahoma, was sentenced to 324 months in prison for Second Degree Murder in Indian Country.
The charge arose from an investigation by the District 25 Violent Crime Task Force, the Henryetta Police Department, the Okmulgee County Sheriff’s Office, the Oklahoma Medical Examiner’s Office, and the Federal Bureau of Investigation.
On March 28, 2022, Bain pleaded guilty in federal district court to Second Degree Murder in Indian Country. According to investigators, family members reported the victim missing in late June of 2018 after he failed to arrive as expected at his destination in North Carolina. Law enforcement discovered the victim’s wrecked and empty vehicle in south Okmulgee County, and later confirmed the separate discovery of the victim’s remains on July 6, 2018. Under questioning, Bain, a five-time convicted felon, confessed to intentionally shooting the victim with a revolver at his Henryetta home, then removing his remains to a rural property, selling his personal property, and pocketing the proceeds.
The crime occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation, in the Eastern District of Oklahoma.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing in Muskogee. Bain will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Kevin Gross represented the United States at sentencing.
San Jose Man Sentenced for Eight Years and Six Months for Conspiring to Traffic Methamphetamine in Solano CountyRead the Press Release
SACRAMENTO, Calif. — Esteban Gerardo Ramirez, 32, of San Jose, was sentenced today to eight years and six months in prison for conspiring to possess and distribute methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between Sept. 13, 2021, and March 8, 2022, Ramirez conspired with his codefendant, Marsha Garma Phillips, of Fairfield, to distribute methamphetamine in Solano County. Supplied by Ramirez, Phillips sold over 5 pounds of methamphetamine to an FBI confidential source. Phillips and Ramirez were arrested in Fremont on March 8, 2022, when they were found in possession of 2 additional pounds of methamphetamine. Ramirez has two prior state sentences for methamphetamine trafficking.
Ramirez is in federal custody. Phillips previously pleaded guilty and her next court date is scheduled for Oct. 3, 2023.
This case was the product of an investigation by the FBI’s Solano County Violent Crimes Task Force and the Fairfield Police Department. Assistant U.S. Attorney Adrian T. Kinsella prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Repeat drug and gun offender sentenced to nine years in prison for new crimes committed while on supervised releaseRead the Press Release
Seattle – A former resident of Pierce and Thurston Counties was sentenced today in U.S. District Court in Seattle to 9 years in prison for gun and drug crimes, announced Acting U.S. Attorney Tessa M. Gorman. Deon Jordan, 35, was released from federal prison in September 2020, following an 87-month prison sentence for dealing drugs while armed. Jordan almost immediately violated the terms of his supervised release with drug use as well as firearms possession. Following two contacts with police when he was found to have guns and drugs – including fentanyl - Jordan was charged with new federal crimes. At today’s sentencing hearing, U.S. District Judge John H. Chun said, “Fentanyl is the greatest drug threat facing our country.”
“The goal of supervised release is to help offenders return to the community and live a crime-free life. Sadly, Mr. Jordan chose to reject any assistance and instead carried on with criminal conduct,” said Acting U.S. Attorney Gorman. “This nine-year sentence is now needed to keep the community safe from the drugs Mr. Jordan trafficked and the guns he was prepared to use to protect his deadly stash.”
In October 2022, Jordan was found passed out in a car under the freeway in downtown Seattle. After being identified by police, Jordan fled from the scene and hid a gun that he carried under a nearby car. Police seized that weapon and when they searched the car Jordan had been in, they found three more firearms as well as distribution amounts of heroin, crack cocaine, fentanyl pills and more than a kilogram of methamphetamine. A warrant was issued for Jordan’s arrest.
In November 2022, Jordan was located near a Seattle homeless encampment. Federal officers surveilled the area, and observed Jordan get into a car. When the car stopped at a convenience store, officers moved in. Jordan was arrested with a 9 mm Baretta pistol in his pocket and a second unregistered 9 mm handgun with an extended magazine in his backpack. Jordan had fentanyl pills, heroin, methamphetamine, cocaine, drug ledgers and more than $10,000 cash in his possession.
In April 2023 Jordan pleaded guilty to illegal firearms possession, possession of controlled substances with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime.
In asking for a 12-year prison sentence for both the new crimes and the violations of supervised release, Assistant United States Attorney Kate Crisham wrote to the court, “Simply put, whenever Jordan is not in custody, he sells drugs while using firearms to protect his business… When released, he exhibits complete disregard for the law and the Court by possessing firearms and ignoring the terms of his supervision. Furthermore, the fact that Jordan consistently carried loaded firearms and ammunition makes clear he is willing to fire these weapons if necessary to protect his drug stash…. Jordan’s actions put his entire community at risk.”
The case was investigated by the Seattle Police Department with assistance from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
The case was prosecuted by Assistant United States Attorney Kate Crisham.
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.
Physician Convicted in $9.5 Million Health Care Fraud Conspiracy to Accept KickbacksRead the Press Release
NASHVILLE – A federal jury in Nashville has convicted Doctor Benjamin T. Toh, 68, of Chicago, Illinois, for his role in a more than $9.5 million health care fraud conspiracy, announced United States Attorney Henry C. Leventis for the Middle District of Tennessee.
The defendant was indicted by a federal grand jury in December 2022. He was convicted of conspiracy to violate the federal Anti-Kickback Statute after a two-week trial.
According to the evidence at trial, the defendant, who was enrolled as a Medicare provider and licensed to practice medicine in multiple states, worked with purported telemedicine companies to obtain access to Medicare and Medicaid patients around the country. From March 2019 through September 2019, he and others caused the submission of more than $9.5 million in fraudulent ]claims to Medicare and Medicaid for cancer genetic tests. The defendant ordered thousands of these tests despite never actually meeting the patients in person or via telemedicine and never reviewing test results.
In exchange for providing signed orders for genetic testing, the defendant was paid kickbacks by co-conspirator telemedicine companies. These companies were, in turn, paid by co-conspirator marketing companies that targeted Medicare and Medicaid patients through door-to-door marketing, at senior fairs, at nursing homes, and at other locations, and convinced patients to provide their genetic material via a mouth swab kit.
The marketers then provided the swab kits to a lab in Spring Hill, Tennessee, for laboratory cancer genetic testing and in exchange for kickbacks paid to them by the lab. The lab billed Medicare and Medicaid for the tests.
“The defendant abused the trust Medicare placed in him to enrich himself and his co-conspirators at the expense of Medicare recipients and taxpayers,” said United States Attorney Henry C. Leventis. “The jury’s verdict should serve as a powerful reminder that health care providers who do so will be held accountable.”
Based on the count of conviction, the defendant faces up to 5 years in prison and a $250,000 fine. He will be sentenced on January 9, 2024. The jury was unable to reach a verdict on a second conspiracy charge.
This case is being investigated by the U.S. Department of Health & Human Services-Office of Inspector General and the Federal Bureau of Investigation. Assistant U.S. Attorneys Sarah K. Bogni and Robert S. Levine are prosecuting the case.
# # # # #
Ohio Woman Sentenced to Prison for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. –Judy Ann Goodman, 32, of Chesapeake, Ohio, was sentenced today to two months in prison, to be followed by three years of supervised release, for conspiracy to distribute suboxone and methamphetamine.
According to court documents and statements made in court, on October 6, 2022, Goodman conspired with Western Regional Jail inmate Corey Michael Perkins during phone calls to assist the smuggling of a package of suboxone and methamphetamine into the jail. The phone calls were recorded by the West Virginia Division of Corrections and Rehabilitation. Goodman admitted that she helped to pay a woman working at the jail to transport the drugs into the jail. Goodman further admitted that Perkins instructed her on what to do with the package and arranged a meeting between Goodman and the jail worker.
Investigators intercepted the package when the jail worker attempted to deliver it. Goodman admitted that the package contained 126 Suboxone strips and approximately 7.3 grams of suspected methamphetamine. The West Virginia State Police Forensic Laboratory confirmed that the controlled substances were buprenorphine and 6.8 grams of methamphetamine.
Perkins pleaded guilty to conspiracy to distribute suboxone and methamphetamine. The jail worker, Bryanna Danielle Kern, pleaded guilty to conspiracy to distribute suboxone. Both await sentencing.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the investigations section of the West Virginia Division of Corrections and Rehabilitation (WVDCR).
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorneys Ryan A. Keefe, Courtney L. Finney, and Lesley C. Shamblin prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:22-cr-220.
###
Niles Man Indicted for Possessing A Firearm as A Felon and Possessing A MachinegunRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that a federal grand jury returned an indictment charging Lawrence Edward Slaughter II, 19, of Niles, with possessing a loaded Glock handgun when he was ineligible to possess firearms because of a prior felony conviction. The indictment also alleges that the handgun had been modified to a fully automatic firearm using a conversion device. A conversion device meets the federal definition of a “machinegun.”
“Gun violence is an epidemic across America and here in Michigan that inflicts immense trauma on communities,” said U.S. Attorney Mark Totten. “The prevalence of machinegun conversion devices in the Western District is a particularly troubling trend that my office takes seriously. Criminals who traffic or possess these devices face the prospect of federal prosecution.” At the conclusion of the press conference, U.S. Attorney Totten affirmed his Office’s commitment to protect communities in every corner of the state: “Rest assured that whether you live in a big city or a small town, whether you work in a major metropolitan center or make your living working the land in the rural parts of the state: we are here to protect you and we will go anywhere to do so.”
The indictment charges Slaughter with one count of being a felon in possession of a firearm and one count of possession of a machinegun. The maximum possible penalty for felon in possession of a firearm is 15 years in prison; the maximum penalty for possession of a machinegun is 10 years.
“Removing violent offenders from our communities is one of the highest priorities of the FBI and our law enforcement partners,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. “We are proud of our partnership with the Niles Police Department and of our combined efforts to remove the most violent offenders from this community.”
“The Niles Police Department reaffirms its commitment to combatting illegal gun violence and possession within our community,” said Niles Police Department Captain Chad Mitchell. “By joining forces with the U.S. Attorney’s Office, the Niles Police Department aims to bolster its resources, intelligence-sharing capabilities, and prosecutorial strength to target and apprehend those involved in illegal gun activities.”
The indictment was announced during a press conference at Niles Police Department with U.S. Attorney Totten, Acting Special Agent in Charge of the FBI in Michigan Devin Kowalski, Niles Department of Public Safety Director Mike Dawson, Berrien County Sheriff Paul Bailey, and the Michigan State Police. Video of today’s press conference can be viewed on the U.S. Attorney’s Facebook Page.
The case was investigated by the Niles Police Department, the Michigan State Police, and the Federal Bureau of Investigations (FBI) in Saint Joseph, Michigan. It is being prosecuted by Assistant U.S. Attorney LaToyia Carpenter.
A copy of the indictment is attached. The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
slaughter_lawrence_indictment.pdf###
New Britain Man Sentenced to More Than 4 Years in Federal Prison for Stealing and Selling Catalytic ConvertersRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that ROBERTO ALICEA, 31, of New Britain, was sentenced today by U.S. District Judge Sarala V. Nagala in Hartford to 54 months of imprisonment, followed by three years of supervised release, for offenses related to his participation in a stolen catalytic converter trafficking ring.
According to court documents and statements made in court, this matter stems from an investigation into the coordinated theft of catalytic converters from motor vehicles across Connecticut. A catalytic converter contains precious metals, can easily be removed from its vehicle, and is difficult to trace, making it a desirable target for thieves. The average scrap price for catalytic converters currently varies between $300 and $1,500, depending on the model and type of precious metal component.
The investigation revealed that Downpipe Depot & Recycling LLC (“Downpipe Depot”), which had a warehouse on Park Avenue in East Hartford, purchased stolen catalytic converters from a network of thieves, including Alicea, and then transported and sold the catalytic converters to recycling businesses in New York and New Jersey. Business records seized during the investigation revealed that, between December 2021 and May 2022, Downpipe Depot paid Alicea approximately $540,000 for catalytic converters.
Alicea’s criminal history includes convictions for larceny, criminal trespass, property damage, assault with a firearm, carrying a dangerous weapon, and engaging in a police pursuit.
Alicea has been detained since his arrest on August 23, 2022. On June 13, 2023, he pleaded guilty to one count of conspiracy to commit interstate transportation of stolen property, and one count of interstate transportation of stolen property.
This investigation is being led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Internal Revenue Service – Criminal Investigation Division (IRS-CI), and the East Hartford Police Department. The case is being prosecuted by Assistant U.S. Attorneys Lauren C. Clark and A. Reed Durham.
Massachusetts Man Sentenced to Three Years in Prison for Conspiracy to Distribute FentanylRead the Press Release
CONCORD – A Massachusetts man was sentenced today in federal court in Concord for his role as a drug runner in a conspiracy to distribute internationally sourced fentanyl operating out of Lawrence, Massachusetts., U.S. Attorney Jane E. Young announces.
Ramon Jaquez Diaz, 52, was sentenced by U.S. District Court Judge Paul Barbadoro to 36 months in prison and three years of supervised release. The defendant was convicted by a federal jury for his role in a conspiracy to distribute fentanyl on April 6, 2023.
“For an international drug conspiracy to function, criminals perform various jobs- including delivering the drugs to suppliers and customers. Regardless of the role, those involved in conspiracies to distribute fentanyl will be prosecuted and punished,” U.S. Attorney Jane E. Young said. “Today’s sentence reflects the seriousness of the defendant’s crime and should serve as a deterrent to those who pollute our communities with this deadly poison.”
“New Hampshire is in the midst of a devastating opioid crisis, as deaths from fentanyl soar. The DEA will continue to use every resource available to identify those, like Mr. Diaz, who are contributing to the crisis,” said DEA Special Agent in Charge Brian D. Boyle. “Today’s sentence holds Mr. Diaz accountable for his crimes, and we will continue to work with our law enforcement partners to put other callous distributers like him behind bars.”
At trial, the government introduced transcripts from recorded telephone conversations between Jaquez Diaz and his co-conspirators, wherein the co-defendants discussed Jaquez Diaz’s role as the runner in the New England area. The evidence against the defendant also included law-enforcement surveillance.
The Drug Enforcement Administration led the investigation. Assistant U.S. Attorneys Seth R. Aframe, Heather A. Cherniske, and John Kennedy are prosecuting 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.
###
Maryland Security Guard Sentenced to Two Years in Prison for Tax EvasionRead the Press Release
A Maryland security guard was sentenced to 24 months in prison today for tax evasion.
In December 2022, Gaston Gilberto Reyes of Germantown was convicted of six counts of tax evasion following a jury trial. According to court documents and the evidence presented at trial, Reyes did not file income tax returns for the years 2011 through 2020 and thus did not report more than $1.6 million in income from his employment as an armed security guard at federal buildings in Maryland. In addition to not filing tax returns, Reyes provided his employers with false Forms W-4 claiming he was exempt from federal income tax withholding, causing little or no federal income taxes to be withheld from his wages. In total, Reyes caused a tax loss to the IRS of more than $330,000.
In addition to the term of imprisonment, U.S. District Judge George J. Hazel ordered Reyes to serve three years of supervised release and pay restitution in the amount of $219,167 to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS Criminal Investigation investigated the case.
Trial Attorneys Melissa S. Siskind and George Meggali of the Tax Division prosecuted the case.
Marianna Resident Pleads Guilty to Mail FraudRead the Press Release
PITTSBURGH, PA - A resident of Marianna, Pennsylvania pleaded guilty in federal court to a charge of mail fraud, United States Attorney Eric G. Olshan announced today.
Erica Pinkney, age 38, pleaded guilty to one count before United States District Judge W. Scott Hardy.
In connection with the guilty plea, the court was advised that Pinkney had previously served as the Secretary and Tax Collector for Marianna Borough. While employed in those roles, Pinkney used the Borough’s credit cards to pay for personal purchases. Then, to pay toward the balance of those credit cards, Pinkney used money that had been collected from Borough residents in order to pay the residents’ tax, water, and garbage bills.
Judge Hardy scheduled sentencing for January 3, 2024, at 9:30 a.m. The law provides for a total sentence of not more than 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court ordered that Pinkney be released on bond.
Assistant United States Attorney Jeffrey R. Bengel is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Pinkney, with assistance from the Internal Revenue Service.