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24 August 2023
Muskogee County Resident Sentenced for Death of ToddlerRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Ezzard Charles Onebear, age 29, of Muskogee, Oklahoma, was sentenced to 324 months in prison for causing the death of a person with a firearm.
The charges arose from an investigation by the Federal Bureau of Investigation, the Oklahoma State Bureau of Investigation, and the Muskogee Police Department.
On July 28, 2022, Onebear pleaded guilty to one count of Causing the Death of Another Person with a Firearm During the Commission of a Crime of Violence. On December 21, 2011, Onebear, who had accepted a contract to kill the target of a gang hit, approached the target’s residence, and in the ensuing struggle discharged a .380 caliber handgun into the home. That bullet struck and killed a two-year-old child. The crime occurred in Muskogee County, within the boundaries of the Muscogee (Creek) Nation Reservation, in the Eastern District of Oklahoma.
“This needless tragedy is a stark reminder of why combatting gun violence is a priority of law enforcement and the Department of Justice,” said United States Attorney Christopher J. Wilson.
The Honorable Bernard M. Jones, II, U.S. District Judge for the Western District of Oklahoma, sitting by appointment, presided over the hearing in Muskogee, Oklahoma. Onebear will remain in the 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 Benjamin D. Traster represented the United States at the sentencing hearing.
Morgantown Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Steven Reger, 47, of Morgantown, was sentenced today to five years and three months in prison, to be followed by three years of supervised release, for aiding and abetting the distribution of 50 grams or more of methamphetamine.
According to court documents and statements made in court, on March 23, 2021, Reger sold approximately 428.1 grams of methamphetamine to a confidential informant near a garage in Parkersburg. Reger admitted to selling the methamphetamine to the informant and receiving $5,000 as well as $10,000 from prior drug deals from the informant.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) and the Parkersburg Drug and Violent Crime Task Force.
Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorneys Joshua Hanks and Negar M. Kordestani prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-196.
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Mifflin County Man Sentenced to 12 Months and One Day in Prison for Wire FraudRead the Press Release
WILLIAMSPORT – The U.S. Attorney’s Office for the Middle District of Pennsylvania announced that Daniel P. Sickels, age 49, of Lewistown, Pennsylvania, was sentenced yesterday to 12 months and one day in prison by U.S. District Court Chief Judge Matthew W. Brann for wire fraud. Sickels was also ordered to pay $267,264.87 in restitution.
According to United States Attorney Gerard M. Karam, Sickels previously worked as a Network and Systems Manager at Pennsylvania State University (PSU) Office of Development and Alumni Relations (ODA), located in State College, PA. Sickels fraudulently acquired equipment through false representations to PSU ODA that the equipment was necessary to upgrade, replace, or maintain PSU ODA servers, when, in fact, Sickels knew that the equipment was not necessary. Sickels subsequently sold the equipment for his personal benefit to third parties. The scheme lasted from approximately 2005 to 2017, in Centre and Mifflin Counties.
The matter was investigated by investigators at PSU and the Federal Bureau of Investigation. Assistant United States Attorney Alisan V. Martin prosecuted the case.
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Michigan Man Sustains Thermal Burns in Yellowstone National ParkRead the Press Release
Jason D. Wicks, age 49, of Hillman, Michigan, was arraigned in federal court on August 23, 2023, facing criminal charges of off-trail travel in a Yellowstone National Park thermal area and being under the influence of alcohol or drugs to the degree he was a danger to himself or others. Wicks pleaded not guilty to the charges. As part of the conditions for release, Wicks is banned from Yellowstone and Grand Teton National Parks until these criminal charges are resolved. This incident remains under investigation. A trial date has not been set.
The violation notice merely contains allegations, and every defendant is presumed innocent unless and until proven guilty.
In a statement, Yellowstone National Park officials said that the ground in hydrothermal areas is fragile and thin, and there is scalding water just below the surface. Therefore, everyone must remain on boardwalks and trails and exercise extreme caution around Yellowstone’s thermal features. You can learn more about safety in thermal areas here: https://www.nps.gov/yell/planyourvisit/safety.htm.
For additional information related to Yellowstone National Park, please contact the Public Affairs Office at 307-344-2015 or [email protected].
Michigan Doctor to Pay $6.5 million to Resolve False Claims Act AllegationsRead the Press Release
DETROIT - A Michigan interventional pain management specialist, Rajendra Bothra, M.D., and two medical entities that he owned and operated, The Pain Center USA, PLLC, and Interventional Pain Center, PLLC, (collectively, “Defendants”) have agreed to pay $6,500,000 to resolve claims that they violated the federal False Claims Act, United States Attorney Dawn N. Ison announced today.
The settlement announced today resolves allegations that from January 1, 2015, to December 31, 2018, Defendants billed Medicare and Medicaid for excessive and medically unnecessary presumptive and definitive urine drug tests that were not relevant to their patients’ diagnosis or treatment, along with additional laboratory charges that were not separately billable with the urine drug tests. Additionally, Defendants are alleged to have billed Medicare and Medicaid for medically unnecessary moderate sedation services that were routinely performed in conjunction with interventional pain management procedures that did not require moderate sedation services. The government also alleges that Defendants frequently charged Medicare and Medicaid for expensive back braces that were medically unnecessary or otherwise ineligible for reimbursement.
“Our office remains steadfast in our commitment to protect federal health care programs, their beneficiaries, and taxpayers from fraud and abuse,” said U.S. Attorney Ison.
“This settlement underscores the important role that medical providers have in ensuring that the claims submitted to Federal health care programs are medically necessary,” said Mario M. Pinto, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General. “Our office remains committed to working with our law enforcement partners to ensure that health care providers who violate the False Claims Act are held accountable.”
“When healthcare providers manipulate the Medicaid and Medicare systems, it wastes resources meant to help those in need,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI’s Detroit Field Office. “This settlement brings to bear some economic justice by requiring those who orchestrated the fraud scheme to pay for their actions.”
The civil settlement includes the resolution of claims in two separate lawsuits brought by relators under the qui tam or whistleblower provisions of the False Claims Act. Under these
provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The two qui tam cases are captioned United States ex rel. Ronald Kufner et al. vs. The Pain Center USA PLLC, et al., No. 2:17-cv-11644 (E.D. Mich.) and United States ex rel. Hersh Patel vs. Interventional Pain Center, et al, No. 2:18-cv-12728 (E.D. Mich.). As part of the settlement, the relators will receive a combined payment in the amount of
$1,267,500.
The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Eastern District of Michigan, and the Michigan Attorney General’s Health Care Fraud Division, with assistance from the U.S. Department of Health and Human Services, Office of Inspector General, and the Federal Bureau of Investigations. Assistant U.S. Attorney Carolyn Bell Harbin represented the United States in this matter.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800- HHS-TIPS (800-447-8477).
Martin County Man Sentenced to 60 Years in Prison for Producing and Distributing Child PornographyRead the Press Release
PIKEVILLE, Ky. – Donald York, 60, of Beauty, Ky., was sentenced on Thursday, by U.S. District Judge Robert Wier, to 60 years in prison, following his convictions for producing and distributing sexually explicit images of a minor.
York was convicted by a jury in April 2023, of four counts of production of child pornography and two counts of distributing child pornography. According to the evidence presented at his trial, York coerced a 15-year female victim, who was in his care, to engage in sexually explicit conduct so that he could produce images of that conduct. York then uploaded some of these images to a pornographic website.
Under federal law, York must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the U.S. Probation Office for life.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Brian Jones, Acting Special Agent in Charge, FBI Louisville Field Office; Col. Phillip Burnett, Commissioner, Kentucky State Police; and Sheriff John Kirk, Martin County Sherriff’s Office, jointly announced the sentence.
The investigation was conducted by FBI, Kentucky State Police, and the Martin County Sherriff’s Office. The United States was represented in the case by Assistant U.S. Attorneys Justin Blankenship and Jason Parman.
This case was prosecuted 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 U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Magnolia Man Sentenced for Killing a Bald EagleRead the Press Release
EL DORADO – A Magnolia man was sentenced on June 15, 2023, to 24 months of federal probation, with the first 60 days to be served on home detention and ordered to pay $2,025 dollars in restitution and fees on one count of Aiding and Abetting in the Taking of a Bald Eagle. The Honorable Magistrate Judge Barry A. Bryant presided over the sentencing hearing in the United States District Court in El Dorado.
According to court documents, on January 16, 2022, Officers with the Arkansas Game & Fish Commission were dispatched to Lake Columbia, which is within the Western District of Arkansas, El Dorado Division. Upon arrival, officers made contact with a witness who advised that he was duck hunting with his children when he observed a Bald Eagle fly over their location. The witness observed a subject shoot the Bald Eagle. The witness then observed a subject go out and retrieve the bird from the water. Shortly thereafter, officers made contact with Christopher Lane Shackelford, age 20. Shackelford initially denied shooting the Bald Eagle, but later confessed to the officers.
Bald Eagles are protected by the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. The violations of these statutes can carry maximum criminal penalties of up to $250,000 and/or two years in federal prison.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The U.S. Fish and Wildlife Service and the Arkansas Game and Fish Commission investigated the case.
Assistant U.S. Attorney’s David Harris, Bryan Achorn and Graham Jones prosecuted the case.
Anyone with information concerning violations of wildlife crimes is asked to call the U.S. Fish and Wildlife Service, Office of Law Enforcement in Conway, AR at (501) 513-4470; or contact the Arkansas Game and Fish Commission at (833) 356-0824 or text your tip to TIP411 (847411) (charges may apply).
Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Madison County Man Pleads Guilty to Distribution and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Thomas Collins, age 35, of Chittenango, New York, pled guilty yesterday to multiple counts of distribution and possession of child pornography announced United States Attorney Carla B. Freedman, Matthew Scarpino, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office, and New York State Police (NYSP) Acting Superintendent Steven A. Nigrelli.
As part of his guilty plea, Collins admitted that on several occasions in April of 2023, he distributed images and videos of child pornography to two undercover law enforcement officers via the same social networking application. Collins also admitted that on the day of his arrest, May 18, 2023, he possessed numerous images and videos of child pornography on several of his electronic devices.
Sentencing is scheduled for December 20, 2023, before United States District Judge David N. Hurd. Collins faces a mandatory minimum term of 5 years in prison, a maximum term of 20 years in prison, a fine of up to $250,000, and a term of supervised release of between 5 years and up to life. Collins will also be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The case is being investigated by HSI, the NYSP Internet Crimes Against Children Task Force, and the NYSP Troop D Computer Crime Unit. Assistant U.S. Attorney Adrian LaRochelle prosecuted the case as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Macy Man Sentenced to 24 Months for Assault on an OfficerRead the Press Release
Acting United States Attorney Susan Lehr announced that Jordan Wolfe, 25, of Macy, Nebraska, was sentenced today in federal court in Lincoln for assaulting an officer and violating the terms of his supervised release. Senior United States District Judge John M. Gerrard sentenced Wolfe to 24 months in prison for assault of an officer and six months in prison for the violation of his term of supervised release to be served consecutively. There is no parole in the federal prison system. After his release from prison, Wolfe will serve two years of supervised release.
On March 28, 2022, an officer with the Omaha Nation Law Enforcement Services responded to a residence in Macy on a request to remove an intoxicated male who was causing a disturbance. The officer identified Wolfe as the male causing a disturbance and learned that he was arguing with his girlfriend. The officer attempted to remove the female from the situation and Wolfe continued to be belligerent and disruptive. When the officer went to place Wolfe under arrest, Wolfe pulled and pushed away from the officer and then punched the officer in the face. Wolfe was taken into custody. At the time, Wolfe was on federal supervised release for assault with a dangerous weapon.
This case was investigated by the Omaha Nation Law Enforcement Services and the Federal Bureau of Investigations.
Lubbock Man Sentenced to 15 Years in Prison for $4 Million PPP FraudRead the Press Release
A Lubbock man who defrauded pandemic-era financial programs out nearly $4 million was sentenced today to 15 years in federal prison, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Andrew Travis Johnson, 59, pleaded guilty in March to three counts of bank fraud, one count of aggravated identity theft, and one count of engaging in monetary transactions in property derived from unlawful activity. He was sentenced Thursday by U.S. District Judge James Wesley Hendrix, who ordered him to pay $4.15 million in restitution and to forfeit numerous assets, including multiple luxury cars.
According to plea papers, Mr. Johnson admitted that he fraudulently applied for and obtained 27 Paycheck Protection Program (PPP) loans totaling almost $4 million.
He admitted he applied for loans on behalf of three entities: an actual business that provided contract speech and occupational therapy services, an actual nonprofit that organized community fundraisers for individuals with intellectual limitations, and a fictitious entity that never provided goods or services of any kind and had no employees.
In the business’s application, Mr. Johnson falsely claimed the company paid 49 employees an average of $441,667 per month and provided a fabricated IRS Form 940 that indicated it paid its employees more than $5.1 million in calendar year 2019. In actuality, the company employed about 10 individuals on an ad hoc basis and paid less than $100,000 in wages in 2019. Nevertheless, based on his application, the business qualified for a $1.1 million PPP loan, which it re-drew the following year, for a total of $2.2 million.
In the nonprofit’s application, he falsely claimed the organization employed 33 individuals (in actuality, it employed fewer than five), and in the application submitted on behalf of the fictitious entity, he falsely claimed the company employed 24 individuals (in actuality, the company did not exist). For each entity, he provided fabricated lists of employees, some of which did not exist and others of which were clients of the rehabilitation company, along with fabricated IRS forms. Nevertheless, he qualified for a $326,770 loan for the entity and a $523,00 loan for the nonprofit. He redrew a loan for the non-existent entity the following year for a total of $653,540.
Each entity sought – and received – forgiveness on the principal and interest on each of the small business PPP loans. Yet very little, if any, of the money was used for payroll or business expenses. Instead, Mr. Johnson and a woman with whom he had a relationship, 50-year-old Hope Leticia Hastey, spent nearly $3.5 million on home renovations, vacations, clothing, cosmetic surgery, college tuition, cars, wedding expenses, and equipment for an unrelated business venture.
In addition to the small business loans, Mr. Johnson also fraudulently obtained $436,524.80 in first and second draw loans for 11 purported independent contractors, several of whom were related to him or Ms. Hastey.
At least four of the recipients were unaware that Mr. Johnson had used their identifying information to obtain the loans, nor did they ever receive any proceeds of the loans. Mr. Johnson opened bank accounts under the victim’s names, transferred to loan proceeds into the accounts, and obtained debit cards for each account; he and Ms. Hastey used the debit cards to spend the loan monies.
Mr. Johnsons and others sought – and received – forgiveness on the principal and interest on each of the independent contractor loans, which ranged from roughly $15,000 to nearly $24,000 each.
At Thursday’s sentencing hearing, prosecutors said that he used his elderly mother’s and elderly aunt’s identifying information and forged their signatures on loan documents. The women never received any of the money. Mr. Johnson also used the identifying information and forged the signature of L.G., a resident of Plainview, to obtain two loans.
Ms. Hastey has been charged with misprison (concealment) of Mr. Johnson’s felonies and is set to enter a plea on Aug. 30. She remains innocent until proven guilty in a court of law.
The Federal Bureau of Investigation’s Dallas Field Office and IRS – Criminal Investigations conducted the investigation with the assistance of the Internal Revenue Service and Homeland Security Investigations. Assistant U.S. Attorneys Ann Howey prosecuted the case with assistance from Assistant U.S. Attorneys Beverly Chapman, Saurabh Sharad, and John de la Garza.
The Paycheck Protection Program (PPP) was authorized under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a federal law enacted on March 29, 2020, to provide emergency financial assistance to Americans suffering economic hardship due to the COVID-19 pandemic. The PPP provided forgivable loans to small businesses to cover payroll, rent, and other certain business expenses; the program ended in May 2021.
Concerned citizens who suspect waste, fraud, or abuse of financial-era pandemic programs, including the PPP, or who suspect violations of pandemic-related legislation can report it to the Pandemic Response Accountability Committee (PRAC) at https://www.pandemicoversight.gov/contact/about-hotline.
Local man sentenced for trading child porn via KikRead the Press Release
HOUSTON – A 26-year-old Houston resident has been ordered to federal prison following his conviction of receipt of child pornography, announced U.S. Attorney Alamdar S. Hamdani.
Ja-Anthony Ledell Kennedy pleaded guilty April 24.
Today, U.S. District Judge Lee H. Rosenthal sentenced Kennedy to 180 months in federal prison. At the hearing, the court heard about the harm to victims of this type of crime. In handing down the prison term, Judge Rosenthal noted efforts to promote respect for the law, deter similar future crimes and fashion a just sentence considering all factors.
Kennedy was further ordered to pay $3,000 in restitution to the victims and will serve 10 years on supervised release following completion of the prison term. During that time, he will have to comply with numerous requirements designed to restrict his access to children and the internet. Kennedy will also be ordered to register as a sex offender.
In 2020, authorities learned of files being stores online that contained images of child pornography. Those files were linked to Kennedy.
The investigation revealed he had been sending and receiving images and videos of child pornography on the Kik messaging application from 2020 to 2021. Kennedy admitted to trading child pornography in the Kik chats to continue to receive access to this material.
Kennedy had 76 videos and 60 images of child pornography in his online accounts. Some included victims as young as two years old.
Previously released on bond, Kennedy is expected to surrender this afternoon pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations conducted the investigation with the assistance of the FBI.
Assistant U.S. Attorneys Christine J. Lu and Sherin S. Daniel prosecuted the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.
Lincoln Woman Sentenced to 15 Years for Possession of MethamphetamineRead the Press Release
Acting United States Attorney Susan Lehr announced that Maggie Welling, 46, of Lincoln, Nebraska, was sentenced today by Senior United States District Court Judge John M. Gerrard to a 15-year term of imprisonment for possession with intent to distribute methamphetamine with a prior serious drug felony. After her release from prison, Welling will begin a10-year term of supervised release. There is no parole in the federal system. Welling pleaded guilty to her offense on November 29, 2022.
Welling was stopped by an officer with the Lincoln Police Department on March 25, 2022, for a traffic violation. During the traffic stop, the officer observed drug paraphernalia in her vehicle. The officer then searched the car and located approximately 221 grams of methamphetamine in Welling’s purse. Those drugs were sent to the Nebraska State Patrol Crime Laboratory and were found to contain at least 210 grams of actual or pure methamphetamine.
Welling was convicted in the District Court of Douglas County, Nebraska of possession of methamphetamine with the intent to distribute on October 10, 2018.
This case was investigated by the Lincoln Police Department and the Lincoln/Lancaster County Narcotics Task Force.
Lexington Woman Sentenced for Drug TraffickingRead the Press Release
Acting United States Attorney Susan Lehr announced that Sanjuana Garcia-Ramirez, 40, of Lexington, Nebraska, was sentenced today in federal court in Omaha, Nebraska, for possessing with the intent to distribute methamphetamine. United States District Judge Brian C. Buescher sentenced Garcia-Ramirez to 78 months of imprisonment. There is no parole in the federal system. After her release from prison, Garcia-Ramirez will begin a four-year term of supervised release.
On January 5, 2021, officers went to Garcia-Ramirez’s Lexington residence after receiving information that she was selling methamphetamine. Garcia-Ramirez was in drug court at the time in Dawson County, Nebraska, based on a prior conviction for possession of methamphetamine. Officers searched a bedroom and located multiple baggies of methamphetamine and a scale. Laboratory tests confirmed there was at least 53 grams of actual methamphetamine. Garcia-Ramirez intended to distribute the drugs.
The investigation revealed Garcia-Ramirez used her cell phone to facilitate her drug trafficking. Messages revealed her asking a drug buyer, “How much are you wanting,” and providing the buyer with the quantity and price of the drugs she could sell. In a December 2020 message, Garcia-Ramirez wrote, “I’m not using I promise,” and, “It’s all about the money it’s all.”
This case was investigated by the Nebraska State Patrol, the Lexington, Nebraska, Police Department, and the Federal Bureau of Investigation.
Lansing Man Sentenced to 46 Months in Prison for Illegal Gun PossessionRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Davion Shymarri Shaltry, 19, of Lansing, Michigan, was sentenced to 46 months in prison for illegally possessing a firearm as a felon. Shaltry will be on supervised release for three years after he is released from prison.
“Mr. Shaltry was caught with a gun three days after his sentencing in Ingham County for illegally possessing a different gun,” said U.S. Attorney Mark Totten. “As this sentence reflects, we’re serious about stopping the flow of illegal firearms, which is fueling a gun violence epidemic across Michigan and the United States. Ending gun violence is a top priority of my office. No parent, no child, no person should have to live with the threat of violence this crisis has created.”
“Davion Shaltry, only 19-years-old, with a felony record blatantly thumbed his nose at the criminal justice system when he possessed an illegal firearm three days after being sentenced in a separate gun case,” said ATF Special Agent in Charge James Deir. “Mr. Shaltry is now heading to prison rather than trying to obtain another illegal firearm. Our community is much safer with Mr. Shaltry off the streets.”
Holding illegal firearm possessors accountable through federal prosecution is a centerpiece of the Project Safe Neighborhoods (PSN) Program, the Department of Justice’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Michigan State Police, and the Lansing Police Department. It was prosecuted by Special Assistant United States Attorney Sarah Pulda.
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Justice Department Sues SpaceX for Discriminating Against Asylees and Refugees in HiringRead the Press Release
The Justice Department filed a lawsuit today against Space Exploration Technologies Corporation (SpaceX) for discriminating against asylees and refugees in hiring. The lawsuit alleges that, from at least September 2018 to May 2022, SpaceX routinely discouraged asylees and refugees from applying and refused to hire or consider them, because of their citizenship status, in violation of the Immigration and Nationality Act (INA).
In job postings and public statements over several years, SpaceX wrongly claimed that under federal regulations known as “export control laws,” SpaceX could hire only U.S. citizens and lawful permanent residents, sometimes referred to as “green card holders.” Export control laws impose no such hiring restrictions. Moreover, asylees’ and refugees’ permission to live and work in the United States does not expire, and they stand on equal footing with U.S. citizens and lawful permanent residents under export control laws. Under these laws, companies like SpaceX can hire asylees and refugees for the same positions they would hire U.S. citizens and lawful permanent residents. And once hired, asylees and refugees can access export-controlled information and materials without additional government approval, just like U.S. citizens and lawful permanent residents.
“Our investigation found that SpaceX failed to fairly consider or hire asylees and refugees because of their citizenship status and imposed what amounted to a ban on their hire regardless of their qualification, in violation of federal law,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our investigation also found that SpaceX recruiters and high-level officials took actions that actively discouraged asylees and refugees from seeking work opportunities at the company. Asylees and refugees have overcome many obstacles in their lives, and unlawful employment discrimination based on their citizenship status should not be one of them. Through this lawsuit we will hold SpaceX accountable for its illegal employment practices and seek relief that allows asylees and refugees to fairly compete for job opportunities and contribute their talents to SpaceX’s workforce.”
The department’s lawsuit alleges that SpaceX discriminated against asylees and refugees based on citizenship status at multiple stages of the hiring process. For example:
- SpaceX discouraged asylees and refugees from applying for open positions, through public announcements, job applications and other online recruiting communications that excluded asylees and refugees.
- SpaceX failed to fairly consider applications submitted by asylees and refugees.
- SpaceX refused to hire qualified asylee and refugee applicants and repeatedly rejected asylee and refugee applicants because of their citizenship status.
- SpaceX hired only U.S. citizens and lawful permanent residents, from September 2018 to September 2020.
SpaceX recruits and hires for a variety of positions, including welders, cooks, crane operators, baristas and dishwashers, as well as information technology specialists, software engineers, business analysts, rocket engineers and marketing professionals. The jobs at issue in the lawsuit are not limited to those that require advanced degrees.
Asylees and refugees are migrants to the United States who have fled persecution. To obtain their status, they undergo thorough vetting by the United States government. Under the INA, employers cannot discriminate against them in hiring, unless a law, regulation, executive order or government contract requires the employer to do so. In this instance, no law, regulation, executive order or government contract required or permitted SpaceX to engage in the widespread discrimination against asylees or refugees that the department’s investigation found, as explained in the complaint.
Because SpaceX works with certain goods, software, technology and technical data (referred to here as export-controlled items), SpaceX must comply with export control laws and regulations, including the International Traffic in Arms Regulations and the Export Administration Regulations. Under these regulations, asylees, refugees, lawful permanent residents, U.S. citizens and U.S. nationals working at U.S. companies can access export-controlled items without authorization from the U.S. government. Therefore, these laws do not require SpaceX to treat asylees and refugees differently than U.S. citizens or green card holders. Find more information here on how employers can avoid discrimination when complying with export control requirements.
The United States seeks fair consideration and back pay for asylees and refugees who were deterred or denied employment at SpaceX due to the alleged discrimination. The United States also seeks civil penalties in an amount to be determined by the court and policy changes to ensure it complies with the INA’s nondiscrimination mandate going forward.
Please contact the department’s Civil Rights Division’s Immigrant and Employee Rights Section (IER) at [email protected] or 1-888-473-3845 if you are or were an asylee or refugee who experienced any one of the following at any point in time:
(1) You applied to a job at SpaceX and were rejected.
(2) You were discouraged from applying to SpaceX because you were not a U.S. citizen or lawful permanent resident.
(3) A recruiter or other SpaceX employee told you that SpaceX could only hire U.S. citizens and/or lawful permanent residents.
IER is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute generally prohibits discrimination based on citizenship status and national origin in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); e-mail [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe for e-mail updates from IER.
ComplaintJury Finds Gang-Member Guilty of Firearm Offense Stemming from Hartford Club Shooting in 2020Read the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that a federal jury in Harford has found CARL JONES, also known as “M.O.B.,” 42, of Hartford, guilty of a firearm offense.
The trial before U.S. District Judge Omar A. Williams began August 21 and the jury returned the guilty verdict yesterday afternoon.
According to the evidence disclosed during the trial and in court documents, in the early morning hours of February 16, 2020, Jones was involved in a gang-related shooting incident inside the Majestic Lounge on Franklin Avenue in Hartford. During the incident, Jones, a member of Los Solidos, chased down, shot, and wounded a fleeing fellow gang member Joshua Saez and an unintended second victim. Saez had just shot another gang member Marquis Treadwell, Treadwell’s girlfriend, and an unintended third victim. Treadwell later succumbed to his injuries. Jones used a .40 caliber Glock semiautomatic handgun, which he had retrieved from Treadwell after the initial shooting by Saez. Jones fled the scene with the firearm, but Hartford Police later recovered it from a vehicle on Lawrence Street during an unrelated drug trafficking investigation in September 2021.
Jones’ criminal history includes convictions for felony narcotics, assault, larceny, and failure to appear offenses. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
The jury found Jones guilty of unlawful possession of a firearm and ammunition by a felon, and offense that carries a maximum term of imprisonment of 10 years.
Jones is detained pending sentencing, which is not scheduled.
Saez is serving a state sentence for the murder of Treadwell and the assault of Treadwell’s girlfriend.
This investigation has been conducted by the Federal Bureau of Investigation’s Northern Connecticut Gang Task Force and the Hartford Police Department. The Task Force includes members of the FBI, Hartford Police Department, East Hartford Police Department, New Britain Police Department, West Hartford Police Department, Connecticut State Police and Connecticut Department of Correction. The case is being prosecuted by Assistant U.S. Attorneys Robert S. Ruff and Geoffrey M. Stone.
Jefferson Parish Woman Pleads Guilty to Defrauding Buyer of Personal Protective EquipmentRead the Press Release
NEW ORLEANS - CYNTHIA CARONNA, a resident of Jefferson Parish, pleaded guilty on August 22, 2023, to a bill of information for conspiring with her co-defendant, Frank LaBruzzo, and with a resident of the United Kingdom to defraud a business seeking to purchase personal protective equipment (PPE) at the height of the COVID-19 pandemic, announced U.S. Attorney Duane A. Evans.
CARONNA and the UK resident formed a business venture to offer the sale of PPE, and selected LaBruzzo to serve as the venture’s escrow agent. LaBruzzo ( an attorney employed as an investigator with the Louisiana Attorney General’s Office) was presented to would-be buyers of PPE as a trustworthy escrow agent who would safeguard purchase funds in an escrow account until the PPE was satisfactorily delivered.
According to court records, the conspirators agreed that LaBruzzo would disburse the would-be buyer’s funds despite the would-be buyers having neither received PPE nor consented to the disbursements. The conspirators also agreed that each would receive portions of the would-be buyer’s funds without the would-be buyers’ knowledge or consent.
U.S. District Judge Greg G. Guidry scheduled CARONNA’s sentencing for November 28, 2023. Conspiracy is punishable by up to five years imprisonment followed by up to three years of supervised release, a fine of up to $250,000, and a mandatory $100 special assessment fee.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form
U.S. Attorney Evans reiterated that the bill of information is merely a charge and that the defendant’s guilt must be proven beyond a reasonable doubt.
This case was being investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Chandra Menon of the Public Integrity Unit is in charge of the prosecution.
Interaction with Undercover Agent in an Online Chatroom for Kids Leads to Prison Sentence for Canton ManRead the Press Release
PORTLAND, Maine: A Canton man was sentenced today in U.S. District Court in Portland for attempting to transfer obscene material to a minor.
U.S. District Judge Nancy Torresen sentenced Dale Carr, 52, to 21 months in prison followed by three years of supervised release. Carr pleaded guilty on January 24, 2023.
According to court records, in September 2019, Carr began chatting with an undercover FBI agent posing as a 13-year-old girl in an online chatroom designed for children aged 16 and under. Over the course of the next several weeks, Carr repeatedly asked the agent, who he believed was an underage girl, for sexually explicit photos and expressed an interest in having sex with her. In October 2019, he sent the undercover agent a close-up photograph of his penis.
The FBI investigated the case.
Online enticement is increasing: The National Center for Missing & Exploited Children (NCMEC) reported an alarming 97.5% increase in online enticement reports between 2019 and 2020. “Online enticement” involves an individual communicating with someone believed to be a child via the internet with the intent to commit a sexual offense or abduction. This type of victimization takes place across every platform, including social media, messaging apps, gaming platforms, etc. Learn more about online enticement, including red flags and risk factors, at www.missingkids.org/theissues/onlineenticement.
Project Safe Childhood: 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 U.S. Attorneys’ Offices and the Department’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, visit www.justice.gov/psc.
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Imperial Valley Doctor Admits Using Unapproved Cosmetic Drugs for YearsRead the Press Release
NEWS RELEASE SUMMARY – August 24, 2023
SAN DIEGO – Tien Tan Vo, a doctor practicing in Imperial Valley, has pleaded guilty to crimes related to his years-long use of foreign unapproved and misbranded cosmetic drugs.
Vo pleaded guilty to misdemeanor counts of receipt of misbranded drugs in interstate commerce and being an accessory after the fact to an accomplice, who smuggled the unapproved drugs into the United States from Mexico.
In his plea agreement, Vo admitted that none of the injectable botulinum toxin or lip fillers used by his clinics between November 2016 and October 2020 was approved for use in the United States. This specifically included a botulinum toxin product called “Xeomeen” and an injectable lip filler called Probcel—both products that have not been approved by the U.S. Food and Drug Administration.
Vo acknowledged that he received $100,767 in gross receipts for almost four years of cosmetic services performed with unapproved drugs and devices. As part of his plea agreement, he has agreed to forfeit that amount, and to pay a fine of $201,534. Vo also agreed to pay restitution to victims of his offense.
In his plea agreement, Vo admitted purchasing most of his unapproved drugs and devices from the operator of a “med spa” in Mexicali, Mexico, who smuggled them into the United States without declaring them.
“All members of our community should be able to trust that their doctor is acting in their best interest,” said Acting U.S. Attorney Andrew Haden. “Through this prosecution, we are protecting patients from unapproved and potentially unsafe drugs and will always seek to thwart those who would exploit patients for financial gain.”
“Injecting unapproved medicines poses a significant threat to public health and can have serious consequences for individuals,” said Chad Plantz, Special Agent in Charge for HSI San Diego. “Together, with our partnered agencies, we need to educate people of the dangers caused by using unauthorized botulinum toxin (the active ingredient in Botox®, Xeomin®, and similar products) and thwart those who smuggle and illegally use it for cosmetic procedures.”
“The FDA’s requirements help ensure that patients receive safe and effective medical treatments. Evading the FDA process and distributing unapproved drugs to U.S. consumers will not be tolerated,” said Special Agent in Charge Robert M. Iwanicki, FDA Office of Criminal Investigations, Los Angeles Field Office. “We will continue to investigate and hold accountable those who traffic in unapproved drugs.”
Sentencing is set for November 16, 2023, at 9:30 a.m. before U.S. Magistrate Judge Allison H. Goddard.
Potential victims related to this case may provide or request information by emailing [email protected].
DEFENDANT Case Number 23cr1700
Tien Tan Vo Age: 47 El Centro, CA
SUMMARY OF CHARGES
Accessory After the Fact to Entry of Goods by Means of False Statement – Title 18, U.S.C., Sections 542 and 3
Maximum penalty: One year in prison, fine of $100,000 or twice the pecuniary gain or loss
Receipt in Interstate Commerce of Misbranded Drugs and Delivery for Pay or Otherwise – Title 21, U.S.C., Sections 331(c) and 333(a)(1)
Maximum penalty: One year in prison, fine of $1,000 or twice the pecuniary gain or loss
AGENCIES
Homeland Security Investigations
U.S. Food and Drug Administration, Office of Criminal Investigations
Federal Bureau of Investigation
U.S. Department of Health and Human Services, Office of Inspector General
Illinois Man Sentenced to 14 Years in Prison for Distributing Child PornographyRead the Press Release
Defendant Sent Hundreds of Images and Videos of Child Sexual Abuse Material to Undercover Officer
WASHINGTON – Daniel Mahnke, 35, of Manteno, Illinois, was sentenced today to 168 months in prison, followed by 10 years of supervised release, for distribution of child pornography. The announcement was made by U.S. Attorney Matthew M. Graves and Acting Special Agent in Charge David Geist, of the FBI Washington Field Office’s Criminal and Cyber Division.
According to the government’s evidence, in December of 2020, the defendant was using the website Rapey.SU, a social media site where countless users discussed the sexual exploitation of children, bestiality, and hardcore child pornography. During the course of the investigation, Mahnke began communicating with an individual he believed had a child, but who turned out to be law enforcement acting in an undercover capacity (UC). Believing that he was communicating with a pedophile, Mahnke requested that the UC send him sexually explicit photos of the UC’s fictitious child. Mahnke told the UC that he would send child pornography and, in fact, sent the UC a link containing hundreds of videos and images of child pornography.
Mahnke was arrested on December 11, 2020, and charged with distribution of child pornography. He has been detained ever since. Mahnke pled guilty on January 6, 2023, in the U.S. District Court for the District of Columbia.
This case was investigated by the FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force. The task force is composed of FBI agents, along with other federal agents and detectives from northern Virginia and the District of Columbia. The task force is charged with investigating and bringing federal charges against individuals engaged in the exploitation of children and those engaged in human trafficking.
In announcing the sentence, U.S. Attorney Graves and Acting Special Agent in Charge Geist commended the work of those who investigated the case from the FBI's Child Exploitation and Human Trafficking Task Force, which includes members of the FBI's Washington Field Office and the Metropolitan Police Department’s (MPD) Youth Investigations Division. They also commended the work of Assistant U.S. Attorney Caroline Burrell, who prosecuted the case.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Hudson County Man Sentenced to 23 Months in Prison for Participation in Conspiracy to Distribute FentanylRead the Press Release
NEWARK, N.J. – A Hudson County, New Jersey, man was sentenced today to 23 months in prison for conspiring to possess fentanyl with the intent to distribute, U.S. Attorney Philip R. Sellinger announced.
Miguel Polanco, 31, of Union City, New Jersey, previously pleaded guilty before U.S. District Judge Madeline Cox Arleo to an information charging him with one count of conspiracy to distribute and possess with intent to distribute 40 grams or more of a substance containing a detectable amount of fentanyl. Judge Arleo imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
In May 2021, U.S. Customs and Border Protection agents intercepted a package being shipped from Mexico City, Mexico, to Polanco at his apartment. The package contained fentanyl. Prior to receiving the package, Polanco received a video from a conspirator explaining how to properly remove the bags of fentanyl concealed inside to minimize the damage to its contents. Polanco also engaged in multiple conversations with conspirators how much fentanyl he would receive and where to deliver it. Polanco was to be paid for receiving and transporting the fentanyl.
In addition to the prison term, Judge Arleo sentenced Polanco to four years of supervised release.
U.S. Attorney Sellinger credited special agents of Homeland Security Investigations, under the direction of Special Agent in Charge Ricky J. Patel in Newark and Deputy Special Agent in Charge Alejandro Amaro in Laredo, Texas; U.S. Custom and Border Protection officers – under the direction of Port Director Albert Flores in Laredo and Port Director TenaVel Thomas, Port of New York/Newark; postal inspectors with the U.S. Postal Inspection Service in Newark, under the direction of Inspector in Charge Christopher A. Nielsen, Philadelphia Division; and the Elizabeth Police Department, under the direction of Chief Giacommo Sacca, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Thomas S. Kearney of the U.S. Attorney’s Office Special Prosecutions Division in Newark.
Houma Man Sentenced to 21 Years for Federal Drug and Gun CrimesRead the Press Release
NEW ORLEANS, LOUISIANA – JOSHUA BOGEN, age 32, a resident of Houma, Louisiana, was sentenced on August 23, 2023 to 252 months imprisonment, 5 years of supervised release, and a $400 mandatory special assessment fee, announced U.S. Attorney Duane A. Evans. BOGEN previously pleaded guilty to possession with intent to distribute methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), brandishing a firearm during and in relation to the commission of a drug trafficking offense, in violation of Title 18, United States Code, Section 924(c)(1)(A)(ii), felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1), and assaulting a federal officer, in violation of Title 18, United States Code, Section 111(b).
According to court documents, on October 18, 2021, Drug Enforcement Administration (DEA) agents received information that BOGEN, a convicted felon, would be transporting approximately two pounds of crystal methamphetamine from Houma, Louisiana to a residence in New Orleans to conduct a drug deal. Upon arriving at the residence, BOGEN got out of his vehicle carrying a large bag containing 1009.9 grams of pure methamphetamine and a Glock Model 26, Gen 4, nine-millimeter semi-automatic handgun, that had a round in the chamber. DEA agents then turned on their surveillance unit’s flashing blue lights and began to exit the vehicle. Immediately after an agent opened their door, BOGEN brandished his handgun and pointed it directly at one of the agents. Agents then moved to take cover at the rear of the unit and one shot was fired in BOGEN’s direction. BOGEN, who was not wounded, then threw the handgun and the large bag of methamphetamine over the fence that lined the driveway of the residence and surrendered.
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.
This case was investigated by the Drug Enforcement Administration. The prosecution was handled by Assistant United States Attorney J. Benjamin Myers of Narcotics Unit.
Honduran national convicted after cross-country trip against minor’s willRead the Press Release
HOUSTON – A 33-year-old man who illegally resided in Houston has pleaded guilty to interstate travel with intent to engage in a sex act with a minor, announced U.S. Attorney Alamdar S. Hamdani.
In June 2020, Wilmer Rivera-Hernandez took a 15-year-old female on what was supposed to be a date. However, the event ended up being a three-day trip across the country against the victim’s will.
The young female told Rivera-Hernandez to take her home, but he refused and drove her out of the Houston area. During the drive, he bought alcohol and forced her to drink it, threatening her and her family if she refused to obey him. He kept her in a state of intoxication so she could not recognize where she was. He also kept her cell phone which prevented her from seeking help.
On one evening during the trip, Rivera-Hernandez took the minor victim to a motel near Little Rock, Arkansas, where he raped her.
She attempted to get help on two occasions after getting temporary access to her phone. One was unsuccessful, but she was eventually able to text her family members and told them he could kill her and to call the police. Authorities were quickly able to find Rivera-Hernandez and the victim in his car which was parked at a truck stop in Knoxville, Tennessee.
While in custody, Rivera-Hernandez also attempted to obstruct justice. He arranged for the distribution of fabricated WhatsApp messages purporting to be that of the minor victim. In them, he made it appear the minor had recanted her claims of kidnapping and rape and hoped it would lead to the dismissal of the charges. He was unsuccessful when the investigation revealed the messages originated from him.
U.S. District Judge George C. Hanks Jr. will impose sentencing Nov. 20. At that time, Rivera-Hernandez faces up to life in federal prison.
Department of State’s Diplomatic Security Service conducted the investigation with assistance from Homeland Security Investigations. Sheriff’s Offices in Montgomery County, Texas, and Knox County, Tennessee, assisted with the victim’s rescue. Assistant U.S. Attorneys Sharad Khandelwal and Stephanie Bauman prosecuted the case.
Greece Man Going to Prison on Child Pornography ChargesRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Jason Lane, 28, of Greece, NY, who was convicted of receipt of child pornography, was sentenced to serve 60 months in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that in July and August 2022, the National Center for Missing and Exploited Children (NCMEC) received tips from Yahoo that a user uploaded approximately 260 files of possible child pornography to a Yahoo email account. NCMEC forwarded the information to the New York State Police and a subsequent investigation traced the files to an IP address belonging to Lane, a former Town of Greece police recruit, who was terminated following a probationary period. The files include an image of a partially nude preschool-aged child, which appears to have been taken at a childcare facility in the Rochester, NY, area. The files also include sexually explicit images of two minor victims (Victim 1 and Victim 2), that appear to have been taken by Lane.
On August 9, 2022, the NYSP executed a search warrant at a residence in Brighton, NY, and seized a cellular phone belonging to Lane. A second search warrant was executed at a residence in Greece, NY. A forensic analysis of the phone recovered child pornography. A search warrant was also executed on Lane’s Yahoo account. That search recovered additional images of child pornography that were produced by Lane, in images that Lane obtained via the internet, and images of students at Spencerport High School that appear to have been take surreptitiously by Lane when he worked as a security guard at the school.
The sentencing is the result of an investigation by the New York State Police, under the direction of Major Brian J. Ratajczak, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
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Grand jury indicts local man for submitting false PPP loan applicationRead the Press Release
CINCINNATI – A Cincinnati man is charged with wire fraud as part of a scheme to fraudulently obtain a Covid relief loan.
Kelton McClarrin, 32, allegedly received nearly $21,000 from the Paycheck Protection Program (PPP) under false pretenses and used the money for personal expenditures including jail commissary services, CashApp, Grubhub, DoorDash, Facebook purchases and hotels.
McClarrin was brought into federal custody today.
According to the indictment, McClarrin applied for a Covid relief loan on May 16, 2021, falsely claiming in the application that he was the sole owner of a business named “Kelton McClarrin.” McClarrin claimed his business was established in 2019 and had a gross income of $100,000 for that year. It is alleged that McClarrin also submitted a forged bank statement in support of the loan application.
McClarrin was sentenced to two years in prison in a Hamilton County case on May 7, 2019. He remained incarcerated until Nov. 17, 2020, when he was paroled to a halfway house. He used the address of the halfway house as his business address on the loan application.
In April 2022, McClarrin applied for loan forgiveness for the $21,000 PPP loan. He stated on the application forms that he had 20 employees and had spent $20,000 of the loan on payroll costs.
Wire fraud is punishable by up to 30 years in prison.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio, announced the charges. The case was investigated by the Social Security’s Office of Inspector General, with assistance from the U.S. Department of Labor Office of Inspector General, the U.S. Marshals, and the Ohio Department of Rehabilitation and Corrections. Special Assistant United States Attorney Timothy Landry is representing the United States in this case.
An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.
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Former employee of an online used car retailer indicted for wire fraud for more than $2 million embezzlement schemeRead the Press Release
Seattle – A 40-year-old California man, who previously resided in Tacoma, Washington was indicted this week by a federal grand jury on five counts of wire fraud for his scheme to steal more than $2 million from his employer, announced Acting U.S. Attorney Tessa M. Gorman. John Whisenant was arrested on a criminal complaint last month. He will be arraigned on the indictment at a future court date.
According to records filed in the case, Whisenant worked in a variety of roles at the online used car sales company beginning in October 2018. About a year after he began with the company, Whisenant was promoted into a role where he had access to the company bank accounts and accounting software.
Beginning in about June 2019 and continuing until November 2021, Whisenant used his access to make 57 wire transfers totaling over $2 million into accounts he controlled. Whisenant disguised the transfers as legitimate business expenses in the company’s accounting software with a variety of false entries. The indictment charges five of the transfers as representative counts but asks for forfeiture of the entire $2 million+ loss.
According to the criminal complaint filed earlier this month, Whisenant used the money for a lavish lifestyle. He bought luxury automobiles such Porches and Mercedes. He spent $123,096 for a 2022 Audi E-Tron and bought a $98,100 Tesla. He rented luxury homes in Southern California and purchased two airline tickets to Paris at a cost of nearly $23,000 each.
The fraud on the company accounts was discovered when a bookkeeper began a more comprehensive review of the company’s financials in January 2022. Whisenant resigned abruptly in February 2022.
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the FBI. The case is being prosecuted by Assistant United States Attorney Sean Waite.
whisenant_indictment.pdfFormer Federal Correctional Officer Sentenced to Prison for Sexual Abuse of an InmateRead the Press Release
A former federal correctional officer was sentenced to three months in prison, followed by five years of supervised release – the first three months of supervised release will be on home detention – for sexual abuse of an individual in federal custody. He will also pay a $1,000 fine, a $5,000 Justice for Victims of Trafficking Act assessment, a $100 special monetary assessment, and be required to register as a sex offender and be subject to all sex offender conditions.
According to court documents, between October 2021, and August 2022, Lenton Jerome Hatten, 54, of Tallahassee, Florida, engaged in repeated sexual acts with an inmate while employed as a sports specialist for the Bureau of Prisons (BOP) at the Federal Correctional Institution in Tallahassee (FCI Tallahassee). Immediately after being reported, a forensic examination was conducted of the victim by a sexual assault nurse examiner. DNA evidence confirmed a likely link between Hatten and the victim.
At the time of the report, Hatten was on vacation leave and when made aware, he resigned his position. As such, Hatten had no further contact with inmates.
“As this prosecution demonstrates, the Department of Justice remains dedicated to rooting out sexual misconduct at the Bureau of Prisons,” said Deputy Attorney General Lisa O. Monaco. “Any BOP employee who abuses their position of authority and mistreats those in their custody will be held accountable.”
“No inmate should ever experience sexual abuse or abuse of any kind at the hands of a Bureau of Prisons employee. My office will continue to aggressively pursue justice for victims of such heinous acts,” said Inspector General Michael E. Horowitz.
“Without exception, all people, including those serving sentences in correctional facilities, are entitled to protection of their physical safety and civil rights” said FBI Deputy Director Paul Abbate. “This defendant repeatedly sexually abused an inmate in his care and thanks to the victim’s bravery in coming forward, future abuse has been prevented. Today’s case shows that the FBI will investigate anyone who violates federal law, regardless of their position, and hold those responsible for enforcing it to the highest standard.”
“The abuse of any inmate by correctional officers is intolerable,” said U.S. Attorney Coody for the Northern District of Florida. “Sentences of confinement are imposed to account for the inmate’s criminal conduct and afford educational and vocational skills to aid in rehabilitation. The inmate’s dignity and safety are not surrendered at the prison door. This office will vigorously investigate and prosecute any officer who violates their oath through abuse of inmates entrusted to their care and custody.”
The DOJ-OIG and FBI investigated the case.
Assistant U.S. Attorney James A. McCain for the Northern District of Florida prosecuted the case.
Former Department of Labor Agent Sentenced to 33 Months’ Imprisonment for Fraud SchemeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a former Special Agent with the Department of Labor, Thomas Hartley, age 49, of East Stroudsburg, Pennsylvania, was sentenced on August 23, 2023, by U.S. District Court Judge Robert D. Mariani, to 33 months’ imprisonment on the charge of mail fraud in connection with multiple schemes to commit fraud.
According to United States Attorney Gerard M. Karam, Hartley previously pleaded guilty and admitted that he obtained a total of $197,366 through multiple fraud schemes. Between April 2020 and September 2021, Hartley applied for and collected Pennsylvania unemployment compensation benefits by claiming that he was unemployed, when in fact Hartley was employed on full time active duty with the New Jersey National Guard. Further, in applying for unemployment benefits, the defendant failed to disclose that he was on military leave from his full-time federal civilian employment with the United States Department of Labor. Hartley thereby utilized the mail to collect approximately $60,284 in unemployment compensation funds to which he was not entitled.
Hartley also fraudulently obtained $23,582 in Basic Allowance for Housing (BAH) funds paid by the Department of the Army, $50,000 in “lost wage” benefits paid by USAA insurance, and $63,500 from his Thrift Savings Plan.
In August 2022, a grand jury issued a second superseding indictment charging Hartley with multiple fraud schemes. In addition to the scheme to fraudulently obtaining Pennsylvania unemployment compensation funds, the second superseding indictment also charged that Hartley, while on leave from his position with the Department of Labor and serving with the New Jersey National Guard, submitted false documents to the Department of the Army and thereby obtained approximately $23,580 in housing allowance funds to which he was not entitled.
The second superseding indictment also charged Hartley with fraud in connection with the filing of a lost wage claim with USAA Insurance following an automobile accident. Hartley falsely claimed that he had lost wages, resulting from an automobile accident, when in fact Hartley was suspended without pay from his employment with the Department of Labor as a result of an ongoing criminal investigation. Hartley thereby collected approximately $50,000 in lost wage benefits to which he was not entitled.
Finally, the second superseding indictment charged Hartley with fraudulently obtaining funds from his Thrift Savings Plan (TSP) by falsely claiming that he was not married, when in fact he was at all times married. Hartley thereby transferred the funds to himself personally, or to a bank account solely in his name, without the knowledge or consent of his wife.
The charges against the defendant resulted from an investigation conducted by the Department of Labor, Office of Inspector General, Office of Special Investigations; the United States Army, Criminal Investigation Division; and the USAA Insurance Special Investigations Unit. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
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Former Columbia Falls woman sentenced to two years in prison for fraudRead the Press Release
MISSOULA — A former Columbia Falls woman who admitted to defrauding Montana victims by creating and cashing fraudulent checks was sentenced today to two years in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said.
Joanna Marie Snyder, 59, of Boston, Massachusetts, and formerly of Columbia Falls, pleaded guilty in April to wire fraud.
U.S. District Judge Dana L. Christensen presided. The court also ordered $7,299 restitution.
The government alleged in court documents that in September and October 2019, Snyder engaged in a scheme to create counterfeit $20 Federal Reserve notes and obtained the identities and bank account information of Montana victims to create and cash fraudulent checks. An investigation found 19 fraudulently cashed checks drawn off a hospitality account associated with a Kalispell business. Several of the hospitality checks were made out to Snyder and had been deposited into accounts owned by Snyder at the Whitefish Credit Union.
The U.S. Attorney’s Office prosecuted the case. The U.S. Secret Service, Polson Police Department, Kalispell Police Department, Columbia Falls Police Department and Flathead County Sheriff’s Office conducted the investigation.
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Former Chief of Staff to Speaker of the Illinois House Convicted of Lying Under Oath to Federal Grand JuryRead the Press Release
CHICAGO — The former Chief of Staff to the Speaker of the Illinois House of Representatives was convicted today of providing false material testimony under oath to a federal grand jury and attempting to obstruct its investigation into allegations of public corruption.
A jury in U.S. District Court in Chicago found TIMOTHY MAPES, 68, of Springfield, Ill., guilty of one count of making false declarations before a grand jury and one count of attempted obstruction of justice. U.S. District Judge John F. Kness set sentencing for Jan. 10, 2024. The obstruction of justice conviction is punishable by up to 20 years in federal prison, while the false declaration conviction carries a maximum sentence of five years.
The convictions were 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 Justin Campbell, Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago. The government is represented by Assistant U.S. Attorneys Julia Schwartz and Diane MacArthur.
“Perjury and obstruction of justice are serious offenses that strike at the heart of the truth-seeking mission of the grand jury,” said Acting U.S. Attorney Pasqual. “This conviction should stand as a clear message to witnesses who choose to violate their oath to tell the truth before a grand jury that they will be held accountable.”
"There is no justice without truth,” said FBI SAC Wheeler. “Attempts to undermine the prosecutorial process chip away at trust in our institutions, and this conviction shows that we continue to work with our partners to ensure the integrity of our judicial system."
“Citizens should expect that former public officials will maintain their integrity and be truthful even when it is inconvenient,” said IRS-CI SAC Campbell. “The investigation that resulted in this conviction is a testament to IRS-CI’s and our law enforcement partners’ commitment to ensuring that individuals who do not testify truthfully in the grand jury will be brought to justice.”
Evidence presented at the nearly three-week trial revealed that the grand jury was investigating possible violations of federal criminal law, including efforts by the Speaker of the House and a consultant acting on the Speaker’s behalf to obtain for others private jobs, contracts, and monetary payments, including from Commonwealth Edison (“ComEd”), the largest electric utility in Illinois, to influence and reward the Speaker in the Speaker’s official capacity.
Mapes was granted immunity prior to his testimony before the grand jury. The immunity order provided that testimony or evidence provided by Mapes could not be used against him in a criminal case, except for perjury, giving a false statement, or otherwise failing to comply with the immunity order.
When Mapes appeared before the grand jury on March 31, 2021, he knowingly made false material declarations in response to several questions about the consultant’s relationship with the Speaker from 2017 to 2019. Mapes denied knowing that the consultant acted as an agent or performed work for the Speaker during those years, when, in fact, Mapes knew that the consultant carried out work and assignments on behalf of the Speaker and communicated messages on the Speaker’s behalf.
Five Amazon Marketplace Sellers and Four Amazon Marketplace Companies Sentenced for Price FixingRead the Press Release
KNOXVILLE, Tenn. – Five individuals and four companies have been sentenced for participating in a conspiracy to fix the prices of DVDs and Blu-Ray Discs sold on the Amazon marketplace. This investigation has resulted in a total of six individual guilty pleas and four corporate guilty pleas.
Victor Btesh, of New York, was sentenced to 18 months’ incarceration, followed by two years of supervised release, and a fine of $38,000; Btesh’s three companies, Michelle’s DVD Funhouse, MJR Prime, and Prime Brooklyn, were each respectively sentenced to a $156,520, $125,688, and $61,844 criminal fine on August 23, 2023, in the U.S. District Court for the Eastern District of Tennessee.
Additionally, Emmanuel Hourizadeh, Raymond Nouvahian, Morris Sutton, Bruce Fish, and Fish’s company, BDF Enterprises, Inc. were all sentenced on July 21, 2023, also in the U.S. District Court for the Eastern District of Tennessee. Hourizadeh, and Nouvahian, both of New York, were sentenced to one month’s imprisonment, seven months home confinement, a criminal fine of $55,000 each, and two years of supervised release; Sutton, of New Jersey, was sentenced to one month’s imprisonment, five months home confinement, a $20,000 criminal fine, and two years of supervised released; Fish, of Minnesota, was sentenced to six months’ imprisonment, six months’ home confinement, a $48,750 criminal fine, and two years of supervised released; and Fish’s company, BDF Enterprises, was sentenced to a $234,000 criminal fine.
“Americans are becoming increasingly reliant on online marketplaces, making it more important as ever to protect them from being cheated on the internet,” said Deputy Assistant Attorney General Manish Kumar of the Justice Department’s Antitrust Division. “These sentences reflect the Division’s commitment to seeking punishment for criminal antitrust violations wherever they may occur.” “Conspiring to fix prices in online marketplaces is a federal crime,” said U.S. Attorney Francis M. Hamilton III for the Eastern District of Tennessee. “These convictions and sentences demonstrate our office’s commitment to prosecuting price-fixing conspiracies and to protecting consumers in the Eastern District of Tennessee from paying inflated prices in online marketplaces.”
“Activities related to price fixing and collusion do not promote an environment conducive to open competition, ultimately harming the consumer,” said Executive Special Agent in Charge Kenneth Cleevely of the U.S. Postal Service (USPS) Office of Inspector General. “The sentencings in this case represent a win for all law enforcement agencies who investigate those who engage in this type of harmful conduct to ensure that justice is served.”According to court documents, these defendants agreed with co-conspirators to raise and maintain the prices of DVDs and Blu-Rays sold through Amazon marketplace storefronts, resulting in those products being sold at collusive and noncompetitive prices. Hourizadeh, Nouvahian, and Sutton pleaded guilty to price fixing on January 7, 2022. Btesh and all three corporate entities pleaded guilty to price fixing on February 9, 2023, after having been indicted on March 16, 2022. Lastly, Fish and BDF Enterprises pleaded guilty to price fixing on February 10, 2023, after having been indicted on March 16, 2022.
Amazon Marketplace is an e-commerce platform that enables third-party vendors to sell new or used products alongside Amazon’s own offerings. Amazon Marketplace is owned and operated by Amazon.com, Inc.
Trial Attorneys Robert M. Jacobs, Kevin C. Culum, Elizabeth K. Noonan-Pomada, and Nickolas R. Foran from the Antitrust Division’s Chicago Office and Assistant U.S. Attorney William A. Roach, Jr. for the Eastern District of Tennessee prosecuted the case. The case was investigated with the assistance of the FBI’s New York Field Office and the USPS Office of Inspector General’s Contract Fraud Investigations Division.
Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258 or visit http://www.justice.gov/atr/report-violations.
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Father and Son Each Sentenced to More Than 12 Years in Federal Prison for a Drug Trafficking ConspiracyRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang sentenced Scott Anthony Williams, age 45, of Laurel, Maryland and Taeyan Raymond Williams, age 26, of Morgantown, West Virginia to 23 years and 12.5 years in federal prison, respectively, each followed by five years of supervised release, for a drug trafficking conspiracy and for possession with intent to distribute controlled substances. Scott Williams was also convicted for conspiracy to destroy and conceal evidence related to these crimes. At sentencing, Judge Chuang gave the defendants an above guidelines sentence, in part, because he found that, at a minimum, Scott Williams and Taeyan Williams knew of, took advantage of, and profited from the murder of their marijuana supplier.
The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Colonel Roland L. Butler, Jr., Superintendent of the Maryland State Police; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration (“DEA”), Washington Division; and Special Agent in Charge James C. Harris of Homeland Security Investigations (“HSI”) Baltimore.
According to the evidence presented at the twelve-day trial, from approximately October 2017 until April 6, 2018, the victim sold and distributed marijuana and marijuana products to Scott Williams (“S. Williams”), Taeyan Williams (“T. Williams”), their family members, and associates. The defendants sold the products received from the victim to other distributors for resale and to end drug users. The defendants also sold and distributed cocaine to the victim for further distribution. As a result of various transactions between the defendants and the victim, T. Williams and members of his family, including S. Williams, became indebted to the victim. According to witness testimony, on April 6, 2018, the victim planned to meet with T. Williams and S. Williams to discuss the debt that they owed to the victim, and to provide the defendants with marijuana and marijuana products.
As detailed in trial testimony, shortly before that meeting, the victim’s supplier in California had a large shipment of marijuana and marijuana products delivered to the victim’s storage unit in Jessup, Maryland. Trial evidence showed that on April 5, 2018, and April 6, 2018, the victim retrieved controlled substances from his storage unit in Jessup, Maryland and stayed at a short-term rental property in Baltimore, Maryland. On the afternoon of April 6, the victim traveled from Baltimore to Laurel, Maryland, where S. Williams lived. Location data reflects that at 1:32 p.m., the victim was approximately 1.5 miles from Scott Williams’ residence. On April 6, 2018, at approximately 1:52 p.m., the victim saved a note to a ledger and accounting of marijuana that the victim sold to T. Williams and monies paid or owed from him, which the victim maintained in his email account.
The government presented evidence that on April 7, 2018, conspirators drove the victim’s vehicle to a Baltimore parking lot where they parked the vehicle, cleaned it, and then drove away in S. Williams’s rented car. The victim’s DNA and blood were later recovered from the rear bumper, lift gate, passenger side door frame, and trunk carpeting of the victim’s abandoned vehicle. Further, the evidence showed that between 8:37 p.m. on April 6, 2018, and 8:31 p.m. on April 8, 2018, someone in S. Williams’s rented car used the victim’s PIN number to enter the Jessup storage facility. Between April 8, 2018, and June 6, 2018, the defendants hid the victim’s drugs in S. Williams’ home in Laurel. When law enforcement executed a search warrant at the home on June 6, 2018, they recovered large quantities of marijuana, cocaine, and methamphetamine, as well as four firearms: a 9mm handgun; a 7.62 caliber-rifle; a .38 caliber handgun; and a .25 caliber handgun. A copy of the victim’s ledger was also found under S. Williams’ bed in the home. The body of the victim was never located.
During sentencing, Judge Chuang found that the death of the victim was connected to the drug conspiracy for which S. Williams and T. Williams were convicted; that the defendants knew of the killing of the victim; and that the defendants took advantage of the situation by taking the victim’s marijuana and profiting from it.
Finally, the evidence also proved that between June 6, 2018, and his initial appearance on federal charges in January 2019, S. Williams sought to conceal and destroy evidence related to the ongoing investigation, including by asking an associate to delete information from his electronic storage account and phone.
United States Attorney Erek L. Barron commended the Maryland State Police, the DEA, and HSI for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Leah B. Grossi, William D. Moomau, and Michael C. Hanlon who prosecuted the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/community-outreach.
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El Departamento de Justicia entabla pleito contra SpaceX por discriminar a asilados y refugiados en la contrataciónRead the Press Release
El Departamento de Justicia entabló pleito hoy contra Space Exploration Technologies Corporation (SpaceX) por discriminar a asilados y refugiados en la contratación. El pleito alega que, desde al menos septiembre del 2018 hasta mayo del 2022, SpaceX, de forma rutinaria, desalentaba a asilados y refugiados de solicitar un empleo y se negó a contratar o considerarlos debido a su estatus de ciudadanía, en contra de la Ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés).
A lo largo de varios años, en los anuncios de trabajo y declaraciones públicas, SpaceX mantenía erróneamente que, según unos reglamentos federales conocidos como «leyes de control de la exportación», SpaceX solamente podía contratar a ciudadanos y residentes permanentes legales de los EE. UU., a veces denominados «titulares de una tarjeta verde». Las leyes de control de la exportación no imponen tales restricciones a la contratación. Más aún, el permiso de los asilados y refugiados de vivir y trabajar en los Estados Unidos no vence, y en virtud de las leyes de control de la exportación, están en condiciones de igualdad con ciudadanos y residentes permanente legales de los EE. UU. De acuerdo con estas leyes, compañías como SpaceX pueden contratar a asilados y refugiados para los mismos puestos para los que contratarían a ciudadanos y residentes permanentes legales de los EE. UU. Y una vez contratados, los asilados y refugiados pueden acceder a información y materiales controlados por la exportación sin la necesidad de contar con una aprobación gubernamental adicional, al igual que ciudadanos y residentes permanentes legales de los EE. UU.
«Nuestra investigación halló que SpaceX no consideró de manera justa ni tampoco contrató a los asilados y refugiados debido a su estatus de ciudadanía, e impuso lo que equivalía a una prohibición de su contratación independientemente de su cualificación, en violación de la ley federal», declaró Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Nuestra investigación también halló que reclutadores y funcionarios de alto rango de SpaceX tomaron medidas para disuadir activamente a los asilados y refugiados de buscar oportunidades de trabajo en la compañía. Los asilados y refugiados han superado muchos desafíos en sus vidas, y la discriminación ilícita en el empleo, con base en su estatus de ciudadanía, no debería ser uno de ellos. Por medio de este pleito haremos que SpaceX rinda cuentas por sus prácticas ilícitas y buscaremos un remedio que permita a los asilados y refugiados competir de manera justa por las oportunidades de trabajo y contribuir sus talentos a la mano de obra de SpaceX».
El pleito del Departamento alega que SpaceX discriminó a asilados y refugiados por motivos de su estatus de ciudadanía en múltiples fases del proceso de contratación. Por ejemplo:
- SpaceX desalentó a asilados y refugiados de solicitar puestos disponibles, mediante anuncios públicos, solicitudes de trabajo y otras comunicaciones virtuales de reclutamiento que excluyeron a asilados y refugiados.
- SpaceX no consideró de manera justa las solicitudes entregadas por asilados y refugiados.
- SpaceX se negó a contratar a postulantes cualificados que eran asilados o refugiados y se rechazó en repetidas ocasiones las solicitudes de asilados y refugiados debido a su estatus de ciudadanía.
- SpaceX contrató únicamente a ciudadanos y residentes permanente legales de los EE. UU. entre septiembre de 2018 y septiembre de 2020.
SpaceX recluta y contrata para una variedad de puestos, incluyendo soldadores, cocineros, operadores de grúa, baristas y lavaplatos, así como especialistas en la tecnología informática, ingenieros de software, analistas de negocios, ingenieros de cohetes y profesionales de la comercialización. Los puestos en cuestión en el pleito no se limitan a trabajos que requieren títulos avanzados.
Los asilados y refugiados son migrantes a los Estados Unidos que han fugado de la persecución. Para poder obtener su estatus, necesitan someterse a un proceso riguroso de investigación por parte del Gobierno de los Estados Unidos. Conforme a la INA, los empleadores no pueden discriminarlos en la contratación a menos que una ley, un reglamento, una orden ejecutiva o un contrato gubernamental así lo requiera al empleador. En este caso, no hubo ninguna ley, reglamento, orden ejecutiva o contrato gubernamental que hubiese requerido o permitido que SpaceX practicara la discriminación, de manera generalizada, a asilados y refugiados, que la investigación del Departamento halló, tal y como se explica en la demanda.
Puesto que SpaceX trabaja con ciertos bienes, software, tecnología y datos técnicos (a los que se refiere aquí como artículos de exportación controlada) SpaceX debe cumplir con los reglamentos y leyes de control de la exportación, lo que incluye los Reglamentos sobre el Tráfico Internacional de Armas y los Reglamentos de Administración de Exportaciones. Conforme a estos reglamentos, los asilados, refugiados, residentes permanentes legales, ciudadanos estadounidenses y nacionales de los EE. UU. que trabajan para compañías estadounidenses pueden acceder a artículos de exportación controlada sin la autorización del Gobierno de los EE. UU. Por lo tanto, estas leyes no requieren que SpaceX trate a asilados y refugiados de una manera diferente que a ciudadanos de los EE. UU. o titulares de tarjetas verdes. Puede encontrar más información aquí sobre cómo los empleadores pueden evitar la discriminación a la hora de cumplir con los requisitos para el control de exportaciones.
Estados Unidos pide la consideración justa y pagos retroactivos para aquellos asilados y refugiados a los que se les desalentó o denegó un empleo en SpaceX como resultado de la alegada discriminación. Por otra parte, Estados Unidos pide que se aplique una sanción civil por el monto que determinará el tribunal y exige que cambie sus políticas para garantizar su cumplimiento con el mandato antidiscriminatorio de la INA de aquí en adelante.
Le rogamos que se comunique con la Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés) de la División de Derechos Civiles del departamento a [email protected] o 1-888-473-3845 si usted es o era asilado o refugiado que experimentó alguna de las siguientes situaciones en un momento dado:
(1) Solicitó un trabajo en SpaceX y fue rechazado.
(2) Se le desalentó de solicitar un empleo en SpaceX porque no era ciudadano o residente permanente legal de los EE. UU.
(3) Un reclutador u otro empleado de SpaceX le dijo que SpaceX únicamente podía contratar a ciudadanos o residentes permanentes legales de los EE. UU.
La IER es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas; represalias; e intimidación.
Aprenda más sobre el trabajo de la IER y cómo conseguir ayuda mediante este vídeo corto. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés y español. Inscríbase para recibir noticias por correo electrónico de la IER.
ComplaintDorchester Man Sentenced for Role in Online ScamsRead the Press Release
BOSTON – A Dorchester man was sentenced today in federal court in Boston for his role in online romance scams targeting individuals in the United States.
Mike Oziegbe Amiegbe, 45, was sentenced by U.S. District Court Judge Indira Talwani to six months in prison, three months of home confinement, and three years of supervised release. Amiegbe was also ordered to pay $828,325 in forfeiture and restitution to victims. In February 2022, Amiegbe pleaded guilty to one count of conspiracy to commit mail fraud.
From 2017 through 2020, Amiegbe opened bank accounts using fake passports in others’ names to receive the proceeds from online scams, including romance scams. The romance scammers used fake identities to communicate with victims through online social networks and gained the victims’ affection and trust. The scammers then tricked the victims into sending money to Amiegbe. After Amiegbe received the victims’ money, he withdrew the fraud proceeds in cash or with a cashier’s check and sent the money to his co-conspirators overseas.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Jonathan Davidson, Special Agent in Charge of U.S. Department of State’s Diplomatic Security Service, Boston Field Office; and William Kalb, Special Agent in Charge of the U.S. Treasury Inspector General for Tax Administration, Office of Investigations, New York Field Office made the announcement today. Assistant U.S. Attorneys Christopher Markham and Kristen Kearney of the Securities, Financial & Cyber Fraud Unit prosecuted the case.
Dominican Republic Man Pleads Guilty to Illegally Re-Entering the United StatesRead the Press Release
JOHNSTOWN, Pa. – A resident of the Dominican Republic, pleaded guilty in federal court to a charge of illegal reentry by a deported alien, United States Attorney Eric G. Olshan announced today.
Rudys Osvaldo Torres, age 50, of the Dominican Republic, pleaded guilty to Count One of the Indictment before United States District Judge Stephanie L. Haines.
In connection with the guilty plea, the court was advised that on or about March 15, 2021, Torres, an alien who had previously been deported and removed from the United States, and who had knowingly, intentionally, and unlawfully reentered the United States, was found in the United States in Somerset County, Pennsylvania without having applied for and received permission from the Secretary of the Department of Homeland Security to reenter the United States.
Judge Haines scheduled sentencing for December 18, 2023. The law provides for a total sentence of 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 and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Arnold P. Bernard, Jr. is prosecuting this case on behalf of the government.
The Pennsylvania State Police and the Bureau of Immigration and Customs Enforcement conducted the investigation that led to the prosecution of Torres.
Doctor Pleads Guilty to Role in Antitrust Conspiracy That Limited Cancer Patients’ Options for Life Saving Care in Southwest FloridaRead the Press Release
A medical oncologist and former president and managing partner of Florida Cancer Specialists & Research Institute LLC (FCS) pleaded guilty yesterday to conspiracy to allocate oncology treatments for cancer patients in Southwest Florida.
According to court documents filed in the U.S. District Court in Ft. Myers, Florida, Dr. William Harwin participated in a conspiracy from 1999 to September 2016 to suppress competition by agreeing to allocate chemotherapy treatments for cancer patients to FCS and radiation treatments to another oncology company in Lee, Collier, and Charlotte Counties.
Harwin pleaded guilty to one count of violating Section One of the Sherman Act. Sentencing will take place at a future date as set by the court. A federal district court judge will impose sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
“This long-running criminal conspiracy denied cancer patients access to a competitive marketplace for lifesaving oncology treatments,” said Acting Director of Criminal Enforcement Emma Burnham of the Justice Department’s Antitrust Division. “The Antitrust Division will not hesitate to prosecute health care providers who choose profits over patients.”
“The FBI will not stand by and allow those trusted with saving lives to manipulate the health care system for their own benefit,” said Special Agent in Charge David Walker of the FBI Tampa Field Office. “This investigation demonstrates the commitment of the FBI and its partners to protect patient care and the healthcare marketplace.”
In April 2020, FCS was charged for its role in the same criminal conspiracy and entered into a deferred prosecution agreement resolving the charge against the company, under which it admitted to conspiring to allocate chemotherapy and radiation treatments for cancer patients. Under the agreement, FCS agreed to pay a $100 million criminal penalty and to cooperate fully with the Antitrust Division’s ongoing investigation.
The FBI Tampa Field Office – Fort Myers RA investigated the case.
Assistant Chief Mark Grundvig, Senior Trial Counsel Eun-Ha Kim and Trial Attorneys Patrick Hallagan and Aidan McCarthy of the Antitrust Division’s Washington Criminal II Section are prosecuting the case, with the assistance of the U.S. Attorney’s Office for the Middle District of Florida.
Anyone with information in connection with this investigation or other antitrust violations should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit www.justice.gov/atr/report-violations.
Columbia County Man Pleads Guilty to Receiving Child PornographyRead the Press Release
ALBANY, NEW YORK – Christopher Stickles, age 35, of Copake, New York, pled guilty today to receiving child pornography.
United States Attorney Carla B. Freedman and Alfred Watson, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.
Stickles admitted that between January 2021 and August 2022, he accessed the Internet in order to visit file-sharing sites and websites that contained child pornography. Stickles further admitted that while on these sites, he downloaded more than 15,000 still image and video files that contained child pornography.
At sentencing on December 20, 2023, before United States District Judge Anne M. Nardacci, Stickles faces at least 5 years and up to 20 years in prison. The judge will also be required to impose a term of post-release supervision of at least 5 years and up to a life term. The court may also impose a fine, restitution, and forfeiture of the computer Stickles used to commit his offense. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Stickles will also have to register as a sex offender upon his release from prison.
This case was investigated by the FBI’s Child Exploitation and Human Trafficking Task Force, which includes FBI special agents, and state and local investigators, including members of the New York State Police. The Internet Crimes Against Children (ICAC) Task Force assisted the investigation.
Assistant U.S. Attorney Rick Belliss is prosecuting the case as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Cherokee, N.C. Man Is Sentenced to Prison for Trafficking MethamphetamineRead the Press Release
ASHEVILLE, N.C. – Today, U.S. District Judge Martin Reidinger sentenced a Cherokee, North Carolina man for possession with intent to distribute methamphetamine, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. Edward Dwayne Taylor, who is 35 years old and an Enrolled Member of the Eastern Band of Cherokee Indians, was ordered to serve 87 months in prison, followed by five years of supervised release.
Chief Carla Neadeau of the Cherokee Indian Police Department (CIPD) joins U.S. Attorney King in making today’s announcement.
According to filed court documents and court proceedings, on June 4, 2021, a CIPD officer conducted a traffic stop of a vehicle in Cherokee, knowing that the driver was operating the vehicle with a suspended license. Taylor was one of the passengers in the vehicle. Over the course of the traffic stop, law enforcement recovered from another passenger a bag that contained more than 130 grams of methamphetamine, digital scales, and small plastic baggies, items that are consistent with drug distribution. Court documents show that over the course of the investigation CIPD officers determined that the methamphetamine belonged to Taylor, and that the other passenger had agreed to hide the drugs at Taylor’s request.
Taylor is in federal custody. He will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, U.S. Attorney King thanked CIPD for their investigation of the case.
Assistant U.S. Attorney John Pritchard of the U.S. Attorney’s Office in Asheville prosecuted the case.
California Man Pleads Guilty to Violations of the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS – PEDRO VAZQUEZ, age 31, of California, pled guilty on August 15, 2023, before Chief United States District Judge Nannette Jolivette Brown to a two-count superseding bill of information charging him with conspiracy to distribute and possess with the intent to distribute five hundred (500) grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846, and possession with intent to distribute five hundred (500) grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), announced U.S. Attorney Duane A. Evans.
According to court documents, VAZQUEZ and others known and unknown to the U.S. Attorney, conspired to distribute and possess with intent to distribute approximately 49.7 kilograms of methamphetamine. In addition, VAZQUEZ drove to Metairie, Louisiana to conduct a narcotics transaction that consisted of approximately 100 pounds of methamphetamine.
VAZQUEZ is scheduled to be sentenced on December 7, 2023, and faces a mandatory minimum sentence of 10 years, up to a maximum of life imprisonment, a fine of up to $10,000,000, at least 5 years of supervised release per count as well as a mandatory $100 special assessment fee per count.
This case was investigated by the Drug Enforcement Administration and the Jefferson Parish Sheriff’s Office. The prosecution is being handled by Assistant United States Attorney Lynn E. Schiffman of the Narcotics Unit.
Broome County Man Sentenced for Making Interstate Threats to Member of CongressRead the Press Release
SYRACUSE, NEW YORK – Joseph F. Morelli, age 51, of Endicott, New York was sentenced today to serve three months in prison for making threatening phone calls from his home to the voicemail in the office of a member of Congress in Washington, D.C.
United States Attorney Carla B. Freedman and Alfred Watson, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement. Morelli was ordered to surrender to prison on October 2, 2023. Chief U.S. District Judge Brenda K. Sannes also ordered Morelli to serve a three-year term of supervised release after completing his sentence of incarceration. The Court directed the parties to further brief the issue of restitution sought by the victim for a decision at a later date.
As part of his guilty plea, Morelli admitted to that on March 3, 2022, he placed a telephone call to the Washington, D.C. office of a member of the U.S. House Representatives that said in part, ““I'm gonna have to take your life into my own hands… I'm gonna hurt you. Physically, I’m gonna harm you.”
A second voicemail message on March 3, 2022, said in part, “I'm gonna have to show you, to your face, right up front, what violence truly is, and I don't think you're gonna like it.… I can pay someone 500 bucks to take a baseball bat and crack your skull. …You are going to get f**king physically hurt.”
A third voicemail message on March 3, 2022, included, “you're gonna cause people to get hurt, so I'm gonna have to hurt you physically. … I'm gonna make sure that, even if they lock me up, someone's gonna get you ‘cause I'll pay them to.”
The Federal Bureau of Investigation (FBI) and the United States Capitol Police investigated the case. Assistant U.S. Attorney Richard Southwick was the prosecutor.
Brooklyn Man Indicted for Kidnapping Five Women and Numerous Other CrimesRead the Press Release
A 20-count superseding indictment was filed yesterday in federal court in Brooklyn charging Chad Barclay with interstate prostitution, Hobbs Act robbery, kidnapping, access device fraud, aggravated identity theft, witness tampering, and obstruction of an official proceeding. Those crimes involve five female victims. In addition, one male was the victim of access device fraud and aggravated identify theft. Barclay was arrested in May 2023 and ordered detained pending trial. Barclay will be arraigned on the superseding indictment at a later date.
Breon Peace, United States Attorney for the Eastern District of New York, and James Smith, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the superseding indictment.
“As alleged, the defendant is a dangerous criminal who sexually assaulted and robbed multiple vulnerable women while using fear to make them his prisoners,” stated United States Attorney Peace. “I commend the prosecutors and FBI Special Agents for bringing this serial offender to justice. Anyone who believes they are a victim of a crime committed by Barclay is asked to contact the United States Attorney’s Office at https://www.justice.gov/usao-edny/report-crime or the FBI.”
“Barclay is alleged to have callously sexually assaulted, robbed multiple women, or both through threats of violence and coercion. This type of criminal behavior has no place in our communities. Today’s indictment serves as a notice to any individual who willingly uses threats and intimidation to commit sexual assault and other violent crimes—the FBI will ensure you face punishment in the criminal justice system,” stated FBI Assistant Director-in-Charge Smith.
As alleged in court filings, from September 2022 to May 2023, Barclay engaged in a criminal pattern of enticing women, some of whom were contacted through online escort websites, to meet with him, and then sexually assaulting and/or robbing them. After luring them to his apartment in Brooklyn, Barclay sexually assaulted multiple female victims, instilling fear and confining them for hours in his apartment. Barclay also compelled the victims to unlock their phones so he could take control of the phones and transfer thousands of dollars to himself through various financial platforms. On several occasions, Barclay stole the victims’ bank cards and used them to make unauthorized ATM withdrawals. In some cases, Barclay asked his victims personal questions in an attempt to identify whether they had friends and family in New York or lived alone, and accessed their phones to gather personal information about them—including where they lived and whether they had children—to further coerce them into complying with his demands.
If you are a victim or have information, there are several ways to contact the FBI: send a tip online at tips.fbi.gov or call 1-800-CALL-FBI. The FBI is ready to work with callers in their native language and regardless of your immigration status.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted of kidnapping, Barclay faces up to 20 years in prison.
The government’s case is being prosecuted by Assistant United States Attorneys Andy Palacio and Lorena Michelen.
The Defendant:
CHAD BARCLAY
Age: 30
Brooklyn, New YorkE.D.N.Y. Docket No. 23-CR-242 (S-1) (FB)
Belchertown Man Convicted of Social Security FraudRead the Press Release
BOSTON – A Belchertown man was convicted today by a federal jury of fraudulently receiving Social Security disability benefits.
Kenneth Pontz, 59, was convicted following a three-day jury trial of one count of theft of public funds. Pontz was arrested and charged in June 2022. He is scheduled to be sentenced on Jan. 4, 2024.
Over a period of more than six years, Pontz stole approximately $49,929 in Social Security disability benefits.
The charge of theft of public funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. 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; Sharon MacDermott, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Belchertown Police Chief Kevin Pacunas made the announcement today. Special Assistant U.S. Attorney James J. Nagelberg and Assistant U.S. Attorney Neil L. Desroches of the Criminal Division prosecuted the case.
Bartlesville Teenager sentenced for MurderRead the Press Release
TULSA Okla. – A Cherokee teenager was sentenced yesterday to more than 17 years in federal prison for second degree murder of a toddler, announced U.S. Attorney Clint Johnson.
U.S. District Chief Judge John F Heil III sentenced Cherokee citizen Terry Nathan Hindman, 19, of Bartlesville to 17 years and 6 months in federal prison followed by 5 years of supervised release.
“This young child suffered horrible abuse and a tragic death from the abuse of Terry Hindman,” said U.S. Attorney Clint Johnson. “The U.S. Attorney’s Office and our law enforcement partners will continue to fight for justice against those who harm Oklahoma’s children.”
During the sentencing, Judge Heil addressed the family saying that he “would like to create a sentence that will heal the pain, but I can’t do that.” He further addressed the defendant stating, “You can’t possibly make up for the damage you’ve done, but moving forward you can try.”
The father of the victim addressed the court about Hindman before sentencing and said, “I fear he enjoyed giving him (the child) something to cry about;” and “What possible excuse could you have for torturing a child?” The father further stated, “Our memories of our son are now haunted by memories of pain.”
In a statement read to the court, Dylan Chapman, the uncle of the victim said, “Words cannot fully capture the depth of pain our family has suffered. There is nothing more heartbreaking than seeing a dying child.”
During his plea on May 9, 2022, Hindman admitted that on Sept. 29, 2021, he threw the 23-month-old victim causing the injuries that killed him. Hindman stated that he intentionally threw the victim “from across the room onto a couch in the apartment with excessive force.” Hindman said the child “hit his head on the wall behind the couch and landed on a table in front of the couch striking his head. Afterwards, he stumbled around and seem dazed.” Hindman did not seek medical attention for the toddler and did not tell anyone of the incident, including doctors when the child was taken to the hospital later that day.
Hindman further admitted that on Oct. 2, 2021, he was again watching the child when he began having medical problems and appeared to be having a hard time breathing. Hindman stated, “I did not seek medical care,” but the toddler was taken to the hospital and “I again failed to tell anyone of his previous injury.”
The child died from blunt force trauma on Oct. 7, 2021, because of his original injury on Sept. 29, 2021.
Hindman will remain in custody of the U.S. Marshal Service pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Bartlesville Police Department and FBI investigated the case.
Assistant U.S. Attorneys Chantelle Dial and Shannon Cozzoni prosecuted the case.
Auto Zone robber sent to prisonRead the Press Release
HOUSTON –A 31-year-old Houston resident has been ordered to federal prison following his convictions on two counts of Hobbs Act robberies as well as discharging a firearm during one of the crimes, announced U.S. Attorney Alamdar S. Hamdani.
Dominique Andrews pleaded guilty May 2, admitting he robbed two Auto Zone locations in Houston.
U.S. District David Hittner has now handed Andrews a 180-month term of imprisonment for the two robberies. He also received 120 months for the firearms discharge which must be served consecutively to the other sentence imposed. The total 300-month prison term will be immediately followed by five years of supervised release. In handing down the sentence, the court noted Andrews had a significant criminal history of violence and stated that an upward variance from the sentencing guidelines was warranted. In addition, he ordered restitution to the victims in both robberies.
“The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Crime Gun Strike Force will continue to aggressively investigate armed robbery crews not only to remove criminals from the streets but to reduce the trauma endured by the victims involved in these violent crimes,” said ATF Special Agent in Charge Fred Milanowski.
On Feb. 4, 2022, Andrews entered the Auto Zone on Cullen Boulevard and robbed an employee at gunpoint. He produced a silver semi-automatic firearm and demanded money from the victim. Fearing for her life, the employee complied. Andrews also took two car scanners. During the robbery, he discharged a round from his firearm.
The same day, Andrews went to another Auto Zone on Telephone Road. He again produced a silver semi-automatic firearm and demanded money from the employee victim. Andrews discharged several rounds from the firearm he was carrying while in the commission of the robbery. Andrews got more money and fled.
Andrews has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
ATF and the Houston Police Department conducted the investigation.
The ATF Crime Gun Strike Force is an ATF led, multi-agency approach, that utilizes crime gun intelligence and investigative resources to combat firearms related violent crime in the Greater Houston Area.
This case is an example of coordination between law enforcement who are part of the Houston Law Enforcement Violent Crime Initiative which combines personnel and resources from numerous federal, state and local agencies. The goal is to proactively fight and reduce violent crime across the Greater Houston area by targeting the region’s most violent offenders, augmenting investigative and prosecutorial efforts and enhancing training, public awareness and education. It stems from the Project Safe Neighborhoods (PSN) Program. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.
Assistant U.S. Attorney Joe Porto is prosecuting the case.
Assistant District Attorney Charles Minor Appointed as Special Assistant United States AttorneyRead the Press Release
CHATTANOOGA, Tenn. – United States Attorney Francis M. Hamilton III announced the appointment of Assistant District Attorney (“ADA”) Charles Minor to serve as a Special Assistant U.S. Attorney (“SAUSA”) in the Criminal Division of the U.S. Attorney’s Office in Chattanooga, Tennessee. This appointment is the result of a partnership between the U.S. Attorney’s Office and the Hamilton County District Attorney’s Office.
“Due to the extraordinary proliferation of crimes against children originating on the internet, we have joined efforts with District Attorney Coty Wamp to fight crimes against children by a adding a specially appointed federal prosecutor to work these types of cases,” said U.S. Attorney Francis M. Hamilton III. “As a SAUSA, ADA Minor will work with the district’s Project Safe Childhood program and other Assistant U.S. Attorneys to improve the program’s effectiveness. We are grateful that District Attorney Wamp is willing to share her talent with our office to combat dangerous predators who relentlessly use the internet to exploit the most vulnerable members of our community. ADA Minor has developed a great working relationship with federal agents and task force officers over the years, and his record shows he is dedicated to ending the exploitation of children.”
“When my office realized there was a way in which we could partner with the U.S. Attorney’s Office and federal agencies to ensure prosecution for offenders who prey on children, we knew it was something we wanted to be involved in,” said District Attorney Coty Wamp. “ADA Minor stepped up and has made these cases a priority. We are very proud of this partnership.”
Charles Minor has worked as an Assistant District Attorney for Hamilton County since 2006, where he has focused on prosecuting child abuse and child exploitation cases, homicide, violent crimes, and drug cases. He holds a Bachelor of Arts from the University of Tennessee Chattanooga and a Juris Doctorate from the Northeastern University in Boston, Massachusetts.
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Armed Henderson Drug Trafficker Sentenced to 15 Years in PrisonRead the Press Release
RALEIGH, N.C. – A Henderson man was sentenced today to 180 months in prison for trafficking fentanyl and possession of firearms. On March 20, 2023, Neno King, 31, pled guilty to conspiracy to distribute and possess with the intent to distribute a quantity of heroin and fentanyl, possession with the intent to distribute a quantity of fentanyl, and possession of a firearm by a felon.
“The Henderson Police Department has made major investments in the federal partnership and the people of Henderson are safer for it,” said U.S. Attorney Michael Easley. “This city is bringing every law enforcement tool to fight the opioid crisis, and we are proud to partner with state and local police and prosecutors to fight fentanyl trafficking and save lives.”
Chief Marcus Barrow of Henderson PD stated: “This is just another example of our collective efforts to make our community safer. I’m hopeful the impact is felt across our community.”
According to court documents and other information presented in court, law enforcement conducted multiple controlled purchases of heroin suspected of containing fentanyl from King in the Spring of 2022. In March 2022, agents executed a search warrant at King’s residence in Henderson where they recovered three firearms and a substance containing fentanyl.
King has prior felony convictions for possession with the intent to manufacture, sell, or deliver heroin (2013), possession of heroin (2015), possession with the intent to manufacture, sell, or deliver heroin (2016), and fleeing and eluding arrest in a motor vehicle (2016).
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Terrence W. Boyle. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Henderson Police Department, the North Carolina State Bureau of Investigation and the Drug Enforcement Administration investigated the case and Assistant U.S. Attorney Casey L. Peaden prosecuted the case.
A copy of this press release is located on our website. Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:22-CR-00335-BO.
Arkansas Man Gets 70 Months in BOP for Trafficking Methamphetamine to IllinoisRead the Press Release
EAST ST. LOUIS, Ill. – A man from Arkansas was sentenced to 70 months in federal prison Wednesday after he admitted to transporting 11 pounds of crystal methamphetamine to Fairview Heights, Illinois.
Leonardo A. Hernandez, 50, of Bentonville, Arkansas, pleaded guilty to one count of possession with intent to distribute a controlled substance. In addition to the prison sentence, he will serve two years of supervised release.
Co-defendant Luis A. Aguilar-Caldera, 31, of Chula Vista, California, pleaded guilty to one count of possession with intent to distribute a controlled substance and was sentenced to 70 months imprisonment on April 12, 2023. After serving his sentence, he will be placed on supervised release for two years.
“Out-of-state drug dealers frequent southern Illinois roadways to execute plans for distribution across the country,” said U.S. Attorney Rachelle Aud Crowe. “DEA plays a critical role to help disband criminal drug rings, and I thank the agents who worked this case.”
According to court documents, a confidential informant working with the DEA set up a controlled purchase of methamphetamine from a Mexico-based supplier in May 2021. The individual met two men in a Ford F-150 at the Flying J truck stop in Alorton, Illinois.
Hernandez was driving and Aguilar-Caldera was the passenger in the truck that was pulling a lawn mower on a trailer. The men told the confidential source there were 11 pounds of methamphetamine located in the tires of the lawn mower.
As the Ford F-150 and the confidential source were driving to a mechanic shop to remove the tires and retrieve the drugs, DEA agents conducted a traffic stop in Fairview Heights and arrested the men in the truck.
The Drug Enforcement Administration led the investigation, and Assistant U.S. Attorney Daniel Carraway prosecuted the case.
Antigua Man Arrested 13 Years After Being Charged with Racketeering in Connection with Illegal Gambling RingRead the Press Release
BOSTON – An Antigua man has been arrested more than a decade after being charged in connection with his participation in a large-scale illegal gambling business which utilized an Antiguan Internet site but operated in the continental United States.
Richard Sullivan, 73, of St. John’s, Antigua, was indicted by a federal grand jury in Boston in August 2010 with racketeering (RICO), operating an illegal gambling business, transmission of wagering information, money laundering and interstate travel in aid of racketeering. Sullivan was arrested on Aug. 20, 2023 at John F. Kennedy International Airport in New York while proceeding through customs upon his return to the United States from Antigua. Sullivan was arraigned in the Eastern District of New York on Aug. 21, 2023 and will appear in federal court in Boston at a later date.
This prosecution marked one of the first times that individuals were charged with violating the Unlawful Internet Gambling Enforcement Act (UIGEA), and the first in Massachusetts. The UIGEA statute was enacted in 2006 to deter the use of the U.S. banking system to pay Internet gambling debts incurred by U.S. citizens. Sullivan and his co-defendants are charged with over 75 counts of engaging in U.S. banking transactions involving U.S.-based gamblers to pay gambling debts owed to Sports Offshore.
According to the indictment, Sullivan and his three co-conspirators – Todd Lyons, Robert Eremian and Daniel Eremian – operated Sports Offshore, an online gambling site licensed in Antigua that was actually operating in the United States, conducting an illegal gambling business that stretched from Massachusetts to Florida. It is alleged that Sports Offshore used an Internet site and toll-free telephone line registered in Antigua to service United States customers. The ring also allegedly employed approximately 50 gambling agents in the United States, who solicited hundreds of customers and collected gambling debts, forwarding the illegal gambling proceeds to Antigua.
To conceal the conspiracy, Sullivan and his co-conspirators allegedly created numerous fictitious entities with no legitimate business purpose to launder the proceeds of their illegal gambling business so that authorities could not detect U.S.-based financial transactions involving Sports Offshore.
Sullivan allegedly managed the daily activities of Sports Offshore at its gambling office in St. John’s, Antigua. In that capacity, Sullivan allegedly supervised approximately 30-50 employees who accepted wagers from customers in the United States that were placed over the telephone and the Internet. It is alleged that Sullivan directed collection activities regarding customers and agents located in the United States who owed money to Sports Offshore. Sullivan also allegedly served as an agent for Sports Offshore, in that he was responsible for a group of Massachusetts customers who gambled with Sports Offshore and he earned commissions on gambling losses incurred by those customers. It is further alleged that Sullivan utilized individuals who resided in Massachusetts to collect money from his Massachusetts customers which he had shipped directly to Antigua via the mail.
In total, Sullivan and his co-conspirators allegedly collected over $22 million for Sports Offshore through the illegal gambling operation and laundered more than $10 million in checks and wire transfers.
In December 2011, Lyons and Daniel Eremian were convicted following a five-week jury for their roles in the conspiracy. Lyons was sentenced to four years in prison, one year of supervised release and was ordered to forfeit $24.6 million. Daniel Eremian was sentenced to three years in prison, one year of supervised release and was ordered to forfeit $7.7 million.
The charge of racketeering provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of operating an illegal gambling business provides for a sentence of up to five years in prison, and up to two years of supervised release and a fine of up to $250,000. The charge of transmission of wagering information provides for a sentence of up to two years in prison, and up to one year of supervised release and a fine of up to $250,000. The charge of money laundering provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $500,000. The charge of interstate travel in aid of racketeering provides for a sentence of up to five years in prison, and up to 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; Harry Chavis, Jr., Special Agent in Charge of Internal Revenue Service, Criminal Investigation, Boston Field Office; Brian Kyes, United States Marshal for the District of Massachusetts; and John E. Mawn, Jr., Interim Colonel of the Massachusetts State Police made the announcement today. Valuable assistance was provided by the United States Attorney’s Office for the Eastern District of New York and the Essex County District Attorney’s Office. Assistant U.S. Attorney Dustin Chao, Chief of the Public Corruption & Special Prosecutions Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
23 August 2023
Woman Who Aided Robber of ATM Workers in St. Louis County SentencedRead the Press Release
ST. LOUIS – U.S. District Judge Henry E. Autrey on Tuesday sentenced a woman who helped in the robbery of workers servicing an ATM in St. Louis County, Missouri to 56 months in prison.
Gregreonia Hampton, 21, drove the robber to the Vantage Credit Union on May 31, 2022, where he robbed two employees of ATM Solutions with a fully-automatic Anderson Manufacturing AM-15 firearm. When Hampton pleaded guilty in May to a charge of aiding and abetting a robbery, she admitted having enough foreknowledge of the robbery that she could have walked away.
The robber, 21-year-old Mark Anthony Diggs, was sentenced last month to 121 months in prison. Diggs pleaded guilty in April to one robbery charge and one count of possession and brandishing a firearm in furtherance of a crime of violence.
Both Diggs and Hampton were ordered to repay the money they stole.
The St. Louis County Police Department, the FBI, the Missouri State Highway Patrol and the St. Louis Metropolitan Police Department investigated the case. Assistant U.S. Attorney Linda Lane is prosecuting the case.
United States Obtains $607,284 Crop Insurance False Claims Act Judgment Against Klickitat County Farm OwnerRead the Press Release
Yakima, WA – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that the United States had successfully obtained a $607,284 fraud judgment against Rick T. Gray (Gray) and Gray Farms & Cattle Co. LLC (Gray Farms) for submitting false and fraudulent claims for crop insurance for farm businesses owned by Gray in Klickitat County, Washington. The Court determined that Gray and Gray Farms were liable under the False Claims Act for defrauding the federal crop insurance program, and imposed the maximum damages and penalties sought by the United States.
The federal crop insurance program, run by the United States Department of Agriculture (USDA), provides a mechanism through which participating farm owners may obtain monetary subsidies and financial protection against losses to their crops. If a participating farm owner experiences loss due to weather or other factors, the farm owner may submit a claim for indemnity from those losses. Crucial to participation in the program is that the farm owner must disclose all sales of product during a given crop year. In 2015, Gray submitted claims for loss on behalf of his farm businesses and received hundreds of thousands of dollars in indemnity payments.
In September 2021, the United States filed a Complaint pursuant to the False Claims Act, a federal statute that protects the public from fraud against federal programs, alleging that Gray had submitted false crop insurance claims during 2015 by knowingly failing to disclose tens of thousands of bushels of wheat that Gray sold during that crop year, and affirmatively misrepresenting his wheat production and sales for the year. In a judicial order dated August 21, 2023, United States District Judge Thomas O. Rice granted summary judgment on behalf of the United States with respect to the United States’ False Claims Act claims, finding that the undisputed evidence demonstrated that Gray knowingly submitted false claims and made false statements material to payment by knowingly failing to disclose and misrepresenting more than 35,000 bushels of wheat that he sold during crop year 2015, leading to Gray fraudulently receiving $180,428 in indemnity payments to which he was not entitled.
The False Claims Act calls for treble (triple) damages as well as additional penalties for each false claim submitted. Therefore, in addition to finding both Gray and Gray Farms liable, the Court imposed total judgment of $607,284 in treble damages and the maximum possible penalties.
“The Federal Crop Insurance program was created in the wake of staggering losses, poverty, and famine caused by the Dust Bowl,” said United States Attorney Waldref. “It not only protects our farmers and farm workers, but protects our community’s food supply, and helps to keep food affordable. Attempting to cheat the system by claiming losses for crops that in fact were not lost but that the farm owner successfully sold, is simply unconscionable. I’m so grateful for the exceptional investigative and analytical expert work performed by the USDA’s Office of Inspector General and the USDA’s Risk Management Agency, which uncovered this fraud during a thorough investigation, and then continued to support the public’s interest during protracted litigation. This case demonstrates that we will work tirelessly and aggressively with our law enforcement partners to pursue fraud against vital programs and to keep our communities safe and strong.”
USDA Risk Management Agency Administrator Marcia Bunger said, “We will continue to uphold the public’s trust in the crop insurance program by working closely with the Office of Inspector General, the Department of Justice and other government agencies to ensure the successful investigation and prosecution of cases involving crop insurance fraud, waste and abuse. The court’s determination in this case should serve as a strong deterrent to others who may contemplate similar actions.”
The investigation was handled by the USDA Office of Inspector General and the USDA Risk Management Agency, Special Investigations Group, while the civil enforcement action was prosecuted by Assistant United States Attorneys Tyler H.L. Tornabene and Dan Fruchter, and also by former Special Assistant United States Attorney Allie Jensen.
1:21-CV-03126-TOR