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Tuesday 13 June 2023
Property Management Company to Pay Nearly $75,000 to Resolve Servicemembers Civil Relief Act ClaimsRead the Press Release
The Justice Department today announced that FPI Management Inc. (FPI) has agreed to pay $74,087 to resolve allegations that it violated the Servicemembers Civil Relief Act (SCRA) by imposing unlawful charges on nine servicemembers who were exercising their right to terminate their apartment leases after receiving military orders to relocate.
“The right for servicemembers to terminate leases without penalty when military orders send them elsewhere is a critical protection for people who already sacrifice so much,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to enforce federal civil rights laws to ensure that paying rent for housing they no longer need is not another sacrifice servicemembers must bear.”
“The SCRA protects servicemembers who have answered our country’s call to serve,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “The U.S. Attorney’s Office and our partners in the Civil Rights Division stand ready to vindicate those rights, to allow our servicemembers to focus on their duty and relieve stress on them and their families.”
The SCRA extends various protections to servicemembers to allow them to devote their entire energy to the national defense. The SCRA provides protections for servicemembers in areas such as evictions, security deposits, pre-paid rent, civil judicial proceedings, installment contracts, interest rates, foreclosures and automobile leases. The SCRA also allows servicemembers to terminate their residential leases after entering military service or receiving military orders for a permanent change of station, deployment or retirement. Landlords are prohibited from imposing an early termination charge on servicemembers who terminate their leases under the SCRA.
The department launched an investigation into FPI’s leasing practices after receiving a referral from Coast Guard Legal Assistance about two instances where FPI attempted to require servicemembers who were terminating their leases early under the SCRA to repay discounts they had received when they signed the lease. In one case, FPI required Coast Guard Petty Officer First Class Aaron Gomez and his wife to repay $8,590 in lease concessions after they terminated their lease at an apartment building in Oakland, California, near Coast Guard Island Alameda. In the other case, FPI told Coast Guard Petty Officer First Class William Fuchs that he would have to repay $7,838 in lease incentives after he terminated his lease at the same apartment building. Fuchs had just received military orders to relocate Charleston, South Carolina.
In a complaint filed in the U.S. District Court for the Eastern District of California, the department alleges that FPI unlawfully imposed early termination charges on a total of nine servicemembers who had exercised their right to terminate their residential leases upon receipt of qualifying military orders.
Under the consent order, which still must be approved by the court, FPI has agreed to pay a total of $51,587 to the servicemembers and a $22,500 civil penalty to the United States. The order also requires FPI to repair the servicemembers’ tenant database entries, implement new policies and procedures that comply with the SCRA and training its employees on the SCRA.
Since 2011, the Justice Department has been awarded over $481 million in monetary relief for over 146,000 servicemembers through its enforcement of the SCRA. For more information about the department’s SCRA enforcement efforts, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their rights under the SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at legalassistance.law.af.mil.
Property Management Company to Pay Nearly $75,000 to Resolve Servicemembers Civil Relief Act ClaimsRead the Press Release
The Justice Department today announced that FPI Management Inc. (FPI) has agreed to pay $74,087 to resolve allegations that it violated the Servicemembers Civil Relief Act (SCRA) by imposing unlawful charges on nine servicemembers who were exercising their right to terminate their apartment leases after receiving military orders to relocate.
“The SCRA protects servicemembers who have answered our country’s call to serve,” said U.S. Attorney Phillip A. Talbert. “The U.S. Attorney’s Office and our partners in the Civil Rights Division stand ready to vindicate those rights, to allow our servicemembers to focus on their duty and relieve stress on them and their families.”
“The right for servicemembers to terminate leases without penalty when military orders send them elsewhere is a critical protection for people who already sacrifice so much,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to enforce federal civil rights laws to ensure that paying rent for housing they no longer need is not another sacrifice servicemembers must bear.”
The SCRA extends various protections to servicemembers to allow them to devote their entire energy to the national defense. The SCRA provides protections for servicemembers in areas such as evictions, security deposits, pre-paid rent, civil judicial proceedings, installment contracts, interest rates, foreclosures, and automobile leases. The SCRA also allows servicemembers to terminate their residential leases after entering military service or receiving military orders for a permanent change of station, deployment, or retirement. Landlords are prohibited from imposing an early termination charge on servicemembers who terminate their leases under the SCRA.
The department launched an investigation into FPI’s leasing practices after receiving a referral from Coast Guard Legal Assistance about two instances where FPI attempted to require servicemembers who were terminating their leases early under the SCRA to repay discounts they had received when they signed the lease. In one case, FPI required Coast Guard Petty Officer First Class Aaron Gomez and his wife to repay $8,590 in lease concessions after they terminated their lease at an apartment building in Oakland near Coast Guard Island Alameda. In the other case, FPI told Coast Guard Petty Officer First Class William Fuchs that he would have to repay $7,838 in lease incentives after he terminated his lease at the same apartment building. Fuchs had just received military orders to relocate Charleston, South Carolina.
In a complaint filed in the U.S. District Court for the Eastern District of California, the department alleges that FPI unlawfully imposed early termination charges on a total of nine servicemembers who had exercised their right to terminate their residential leases upon receipt of qualifying military orders.
Under the consent order, which still must be approved by the court, FPI has agreed to pay a total of $51,587 to the servicemembers and a $22,500 civil penalty to the United States. The order also requires FPI to repair the servicemembers’ tenant database entries, implement new policies and procedures that comply with the SCRA, and training its employees on the SCRA.
Since 2011, the Justice Department has been awarded over $481 million in monetary relief for over 146,000 servicemembers through its enforcement of the SCRA. For more information about the department’s SCRA enforcement efforts, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their rights under the SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at http://legalassistance.law.af.mil.
Pocatello Nurse Practitioner is Fined and Surrenders License for Unlawful Prescriptions and FraudRead the Press Release
BOISE – Rachel Peay-Goodman, a nurse practitioner in eastern Idaho, consented to judgment against her after admitting that she unlawfully prescribed controlled substances and submitted false claims to Medicare while working for AmeriHealth in Pocatello, announced U.S. Attorney Josh Hurwit. The judgment found Peay‑Goodman civilly liable for violating the Controlled Substances Act and the False Claims Act, and requires her to pay a $75,000 fine and surrender her DEA license.
According to a complaint by the United States, Peay-Goodman wrote prescriptions for dangerous combinations of drugs to at least one patient, including simultaneous prescriptions for oxycodone, lorazepam, alprazolam, and zolpidem tartrate. Peay-Goodman admitted that such prescriptions lacked a legitimate medical purpose and were written outside the usual course of professional practice. When prescribed together, opioids, benzodiazepines, and other sleeping medications can suppress the central nervous system and cause overdose. As part of the consent judgment, Peay‑Goodman also admitted to submitting at least one false claim to Medicare.
“Unlawful prescriptions for dangerous combinations of drugs leads to addiction, overdose, and pain for patients, families, and communities,” said U.S. Attorney Josh Hurwit, who announced the judgment. “This office will continue to hold prescribers accountable under the Controlled Substances Act when they write prescriptions that lack a legitimate medical purpose, and likewise, will continue to root-out fraud on Medicare and Medicaid.”
“Providers who put financial gain before the needs of their patients and prescribe dangerous amounts of controlled substances put their patients at severe risk of overdose and undermine important measures to curb the opioid crisis,” said Steven J. Ryan, Special Agent in Charge with the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG will continue to work with our law enforcement partners to address this kind of abuse at every turn and protect American patients, communities, and taxpayers from such dangerous conduct.”
“Ms. Peay-Goodman betrayed the trust of her profession and those who sought her care,” said Jacob D. Galvan, Acting Special Agent in Charge, DEA Seattle Field Division. “By prescribing a deadly combination of drugs, Ms. Peay-Goodman compromised the health and safety of her patients. We will continue to investigate such conduct at every turn.”
This matter was investigated jointly by the U.S. Attorney’s Office for the District of Idaho, the U.S. Department of Health and Human Services, Office of the Inspector General, and the Drug Enforcement Administration, with additional assistance provided by the Idaho Board of Pharmacy.
For additional case information and publicly available court documents, see United States v. Rachel Peay-Goodman, 23-CV-00241 (CWD) (U.S. District Court for the District of Idaho).
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- Pittsburgh and Clymer Residents Indicted for Violating Federal Narcotics Laws
Pascagoula Woman Sentenced for Embezzlement of Labor FundsRead the Press Release
Gulfport, Miss. -- A Pascagoula woman was sentenced to three years of probation and six months under house arrest with electronic monitoring for embezzlement of labor organization funds, announced U.S. Attorney Darren J. LaMarca.
According to court documents, from January 2016, through February 2020, Lisa Bennett, 51, an elected business agent and self-appointed secretary and treasurer of the Office and Professional Employees International Union (OPEIU) Local 204, in Pascagoula, embezzled and converted to her own use and the use of others, funds of the OPEIU Local 204 Labor organization. Bennett’s embezzlement included her writing of unauthorized checks from the union’s checking account to herself for lost time she was not entitled to receive and payments of personal cell phone bills for herself and family members. She also doubled her salary without authorization.
Bennett pled guilty in February 2023 to embezzlement of labor organization funds.
At the sentencing hearing on June 12, 2023, the Court also ordered Bennett to pay restitution in the amount of $33,236.93 to the OPEIU.
The case was investigated by the U. S. Department of Labor, Office of Labor-Management Standards.
The case was prosecuted by Assistant U.S. Attorneys John Meynardie and Andrea Jones.
Ozark Man Sentenced to 14 Years for Meth TraffickingRead the Press Release
SPRINGFIELD, Mo. – An Ozark, Mo., man was sentenced in federal court today for possessing methamphetamine with the intent to distribute.
Scott W. Cannon, 42, was sentenced by U.S. District Judge M. Douglas Harpool to 14 years in federal prison without parole.
On July 19, 2022, Cannon pleaded guilty to one count of possessing methamphetamine with the intent to distribute.
Law enforcement officers executed a search warrant at Cannon’s residence on June 28, 2021. Cannon was located in a downstairs bedroom, where officers also found three plastic bags that contained a total of 59.43 grams of pure methamphetamine hidden inside a wooden speaker box. Officers also found a plastic bag that contained psilocybin mushrooms hidden inside a casino-style slot machine, two digital scales, two small plastic bags that contained methamphetamine residue, and a broken glass pipe in the bedroom.
This case was prosecuted by Assistant U.S. Attorney Cameron A. Beaver. It was investigated by the Ozark, Mo., Police Department and the Drug Enforcement Administration.
Oregon Man Pleads Guilty to Conspiring to Provide Material Support to ISISRead the Press Release
PORTLAND, Ore.—An Oregon man pleaded guilty in federal court today for conspiring to provide material support to the Islamic State of Iraq and al-Sham (ISIS) by producing and distributing propaganda and recruiting materials online in coordination with ISIS members overseas.
Hawazen Sameer Mothafar, 33, an Iraqi national residing in Troutdale, Oregon, pleaded guilty to one count of conspiracy to provide material support to a designated foreign terrorist organization.
According to court documents, Mothafar immigrated to the U.S. from Iraq in 2014 and, since his arrival, has resided in Troutdale. An ISIS supporter since 2014, Mothafar was the co-founder of the Sunni Shield Foundation, a pro-ISIS media organization that created and published violent propaganda promoting ISIS ideology and objectives. In this role, Mothafar created the Sunni Shield’s first media product, a video of ISIS battle footage obtained from an official ISIS online platform intended to promote ISIS. In subsequent videos produced by Mothafar, he encouraged viewers to travel to Iraq and Syria to fight for ISIS and conduct attacks on behalf of the organization.
Mothafar and other members of the Sunni Shield obtained ISIS Central Media’s permission to begin publishing Al Anfal, an online newspaper promoting the Islamic State’s goals and advocating violent jihad. Mothafar oversaw planning and production of the publication while also serving as one of its graphic designers. Graphics designed by Mothafar for the publication incited readers to attack and kill Westerners and conduct knife attacks against ISIS enemies.
Mothafar communicated directly with ISIS Central Media officials in Iraq, from whom he regularly took instructions about media production. He represented the Sunni Shield in a private online group comprised of ISIS Central Media officials and representatives of other ISIS supporter groups. In this group, ISIS media officials would pass instructions to the supporter groups about official ISIS media campaigns. The supporter groups, including the Sunni Shield, would then prepare media materials to publish in support of the campaigns.
In addition to his work with the Sunni Shield, Mothafar aided other pro-ISIS media organizations and conspired with numerous ISIS associates in furtherance of his support to the terrorist organization. Mothafar provided graphic designs to the Khattab Media Foundation, assisted in the production of the Youth of the Caliphate magazine, published ISIS news on Nashr News Agency channels, worked with Fursan al-Rafa’ (Knights of Uploading) to publish pro-ISIS material on various websites, and assisted the Saqri Foundation with designs. Mothafar also communicated with Abu Qaswara al-Shanqiti, a Specially Designated Global Terrorist imprisoned in West Africa, and connected Qaswara al-Shanqiti with two ISIS officials in hopes of aiding his release.
On November 3, 2020, a federal grand jury in Portland returned a five-count indictment charging Mothafar with conspiring to provide material support to a designated foreign terrorist organization, providing and attempting to provide material support to a designated foreign terrorist organization, and making false statements in an immigration application and to a government agency.
Mothafar faces a maximum sentence of 20 years in prison, a $250,000 fine, and a life term of supervised release. He will be sentenced on January 11, 2024, before U.S. District Court Judge Marco A. Hernández.
This case was investigated by the FBI Portland Field Office. It is being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
Oregon Man Pleads Guilty to Conspiring to Provide Material Support to ISISRead the Press Release
An Oregon man pleaded guilty in federal court today for conspiring to provide material support to the Islamic State of Iraq and al-Sham (ISIS) by producing and distributing propaganda and recruiting materials online in coordination with ISIS members overseas.
Hawazen Sameer Mothafar, 33, an Iraqi national residing in Troutdale, Oregon, pleaded guilty to one count of conspiracy to provide material support to a designated foreign terrorist organization.
According to court documents, Mothafar immigrated to the U.S. from Iraq in 2014 and, since his arrival, has resided in Troutdale. An ISIS supporter since 2014, Mothafar was the co-founder of the Sunni Shield Foundation, a pro-ISIS media organization that created and published violent propaganda promoting ISIS ideology and objectives. In this role, Mothafar created the Sunni Shield’s first media product, a video of ISIS battle footage obtained from an official ISIS online platform intended to promote ISIS. In subsequent videos produced by Mothafar, he encouraged viewers to travel to Iraq and Syria to fight for ISIS and conduct attacks on behalf of the organization.
Mothafar and other members of the Sunni Shield obtained ISIS Central Media’s permission to begin publishing Al Anfal, an online newspaper promoting the Islamic State’s goals and advocating violent jihad. Mothafar oversaw planning and production of the publication while also serving as one of its graphic designers. Graphics designed by Mothafar for the publication incited readers to attack and kill Westerners and conduct knife attacks against ISIS enemies.
Mothafar communicated directly with ISIS Central Media officials in Iraq, from whom he regularly took instructions about media production. He represented the Sunni Shield in a private online group comprised of ISIS Central Media officials and representatives of other ISIS supporter groups. In this group, ISIS media officials would pass instructions to the supporter groups about official ISIS media campaigns. The supporter groups, including the Sunni Shield, would then prepare media materials to publish in support of the campaigns.
In addition to his work with the Sunni Shield, Mothafar aided other pro-ISIS media organizations and conspired with numerous ISIS associates in furtherance of his support to the terrorist organization. Mothafar provided graphic designs to the Khattab Media Foundation, assisted in the production of the Youth of the Caliphate magazine, published ISIS news on Nashr News Agency channels, worked with Fursan al-Rafa’ (Knights of Uploading) to publish pro-ISIS material on various websites, and assisted the Saqri Foundation with designs. Mothafar also communicated with Abu Qaswara al-Shanqiti, a Specially Designated Global Terrorist imprisoned in West Africa, and connected Qaswara al-Shanqiti with two ISIS officials in hopes of aiding his release.
On Nov. 3, 2020, a federal grand jury in Portland returned a five-count indictment charging Mothafar with conspiring to provide material support to a designated foreign terrorist organization, providing and attempting to provide material support to a designated foreign terrorist organization, and making false statements in an immigration application and to a government agency.
Mothafar faces a maximum sentence of 20 years in prison, a $250,000 fine, and a life term of supervised release. Sentencing is scheduled for Jan. 11, 2024 before U.S. District Court Judge Marco A. Hernández.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Natalie K. Wight, and Assistant Director Robert R. Wells of the FBI Counterterrorism Division made the announcement.
The FBI Portland Field Office is investigating the case.
Orchard Park Man Pleads Guilty to Marijuana ConspiracyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Kevin Judge, 65, of Orchard Park, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, marijuana, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of five years in prison, and a $250,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that Judge was a drug trafficking associate of co-defendant Gary Wolch. Judge traveled to secure marijuana for the drug trafficking operation and coordinated with other associates and conspirators to obtain marijuana for distribution in the Western New York area. On August 16, 2019, Judge arrived at the Buffalo Niagara International Airport, where he was approached by investigators at his gate and his bags were detained. After initial questioning, Judge was taken back to his vehicle in the parking lot. Once back in his vehicle, Judge contacted Wolch and said, “There’s a problem.” He then called other associates and co-conspirators. During the execution of a search warrant on Judge’s bags, law enforcement recovered $60,000 in U.S. currency and $40,000 in Western Union Money Orders. Judge admits he was attempting to go to Southern California with $100,000 to purchase marijuana. Charges are pending against Wolch.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The plea is the result of an investigation by the Orchard Park Police Department, under the direction of Chief Patrick Fitzgerald, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
Sentencing is scheduled for October 10, 2023, before Judge Arcara.
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Orange County Lawyer Agrees to Plead Guilty to Multimillion-Dollar Fraud of Victims Who Believed They Were Funding Loan ProgramRead the Press Release
SANTA ANA, California – A Newport Beach lawyer who claimed she was providing loans to the rich and famous has agreed to plead guilty to federal felony charges for using her investors’ money to fund her lavish lifestyle, causing them to lose more than $8 million, the Justice Department announced today.
Sara Jacqueline King, 39, is charged in a two-count information with wire fraud and money laundering. Both the information and a related plea agreement were filed late Monday in United States District Court in Santa Ana.
King is expected to make her initial court appearance on June 20.
According to her plea agreement, King operated King Family Lending LLC, a Newport Beach-based company that purportedly gave short-term, high-interest loans to professional athletes, celebrities and other high-net-worth individuals. The loans supposedly were secured by the borrowers’ own assets, including designer handbags, watches, luxury automobiles, yachts and earnings from guaranteed sports contracts.
From January 2022 until January 2023, King – through her company – recruited investors to purportedly fund her business’s loans. She admitted to telling investors that their investments were secured by the same collateral as the loans themselves. King promised she would retain possession of the collateral and that, in the event a borrower defaulted, she would sell the collateral to pay the investor in full.
King said she would keep a percentage of the interest earned from the loans and that she would pass along a percentage of the interest to victim-investors, along with their initial investment.
In reality, during this time period, King never initiated or funded any loan. Instead, she used victims’ funds to gamble at Las Vegas casinos and support her lavish lifestyle.
King admitted to causing five investors to lose more than $8 million. She has agreed that the applicable restitution amount in this case is at least $8,785,045.
She further admitted to withdrawing approximately $132,156 of investor money from King Family Lending’s bank account to purchase a Porsche Taycan electric sports car.
The FBI and the IRS Criminal Investigation are investigating this matter.
Assistant United States Attorney Jennifer L. Waier of the Santa Ana Branch Office is prosecuting this case.
Ohio Resident Indicted for Violating Federal Narcotics LawsRead the Press Release
JOHNSTOWN, Pa. – A resident of Cleveland, OH, has been indicted by a federal grand jury in Johnstown on a charge of violating federal narcotics laws, United States Attorney Eric G. Olshan announced today.
The one-count Indictment named Antoine Darnell Toodle, age 31, of Cleveland, OH, as the sole defendant.
According to the Indictment presented to the court, on or about June 29, 2022, Toodle possessed with intent to distribute and distributed 50 grams of methamphetamine, and a quantity of fentanyl and crack cocaine.
The law provides for a maximum total sentence of life in prison, a fine of $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Michael L. Mitchell is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and the Pennsylvania State Police conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
New York City Man Found Guilty of Charges for Abducting Elderly Woman with Dementia and Attempting to Obstruct InvestigationRead the Press Release
LOS ANGELES – A New York man was found guilty by a judge today of federal criminal charges stemming from his abduction of a 68-year-old woman with dementia at the West Los Angeles Veterans Affairs Medical Center in July 2021.
Johnny Ray Gasca, 53, of Bronx, New York, was found guilty of one count of kidnapping, two counts of attempted obstruction of justice, and one count of attempted witness tampering.
United States District Judge André Birotte Jr. entered the verdict today at the conclusion of a six-day bench trial.
According to evidence presented at trial, Gasca kidnapped the victim at approximately 8:30 a.m. on July 19, 2021, after attempting to obtain a medical appointment at the VA facility.
The victim was accompanied by a long-time friend, and as the two of them “approached their car, Gasca appeared unexpectedly,” according to court documents. “Gasca put his arms around [the victim] and pushed her toward a gold-colored pickup truck that was parked nearby. Gasca then picked [the victim] up and threw her into the rear portion of the truck’s passenger compartment.”
After the Department of Veteran Affairs Police Department contacted the FBI later in the morning, the victim’s friend told agents she recognized Gasca, believed he previously was in some kind of relationship with the victim, and suspected Gasca may have taken some of [the victim’s] money from her bank and retirement accounts.
The witness also reported that the victim previously noted she was missing some of her credit cards, and when the two went to the victim’s bank to review her accounts, bank records showed a $35,000 withdrawal from the victim’s retirement account, followed by several Venmo, MoneyGram and PayPal transactions that the friend believed the victim did not have “the knowledge or wherewithal” to conduct, court documents state.
Within hours of beginning its investigation, the FBI located the victim’s phone at The Dixie Hollywood Hotel on Hollywood Boulevard, where agents converged. Soon after, Gasca and the victim exited the hotel, leading to Gasca’s arrest.
During an interview recounted in court documents, Gasca described the victim as his girlfriend and told agents that, after leaving the VA facility, they stopped at a bank where the victim made a $15,000 withdrawal.
After his arrest and while in pre-trial custody, Gasca made several jail calls to a friend in New York asking him to destroy evidence of his wrongdoing with the victim, according to evidence presented at the trial. Gasca urged the friend to erase all his messages on the Facebook Messenger app, including messages describing the victim as a “Golden goose.”
In August 2021, Gasca made another jailhouse phone call to his friend and told him to collect his hard drives from his apartment before the FBI could seize them and learn of his financial exploitation of the victim.
Judge Birotte found Gasca not guilty of one count of interference with commerce by extortion.
Judge Birotte scheduled a September 29 sentencing hearing, at which time Gasca will face a statutory maximum sentence of life in federal prison.
The FBI investigated this matter and received substantial assistance from the VA Police Department.
Assistant United States Attorneys Kevin B. Reidy of the Major Frauds Section and Kathy Yu of the Violent and Organized Crime Section are prosecuting this case.
New Britain Man Admits Stealing and Selling Catalytic ConvertersRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that ROBERTO ALICEA, 31, of New Britain, pleaded guilty today before U.S. District Judge Sarala V. Nagala in Hartford to offenses related to his participation in a stolen catalytic converter trafficking ring.
According to court documents and statements made in court, law enforcement has been investigating the theft of catalytic converters from motor vehicles across Connecticut. A catalytic converter contains precious metals, can easily be removed from its vehicle, and is difficult to trace, making it a desirable target for thieves. The average scrap price for catalytic converters currently varies between $300 and $1,500, depending on the model and type of precious metal component.
The investigation revealed that Downpipe Depot & Recycling LLC (“Downpipe Depot”), which had a warehouse on Park Avenue in East Hartford, purchased stolen catalytic converters from a network of thieves, including Alicea, and then transported and sold the catalytic converters to recycling businesses in New York and New Jersey. Business records seized during the investigation revealed that, between December 2021 and May 2022, Downpipe Depot paid Alicea approximately $540,000 for catalytic converters.
Alicea pleaded guilty to one count of conspiracy to commit interstate transportation of stolen property, an offense that carries a maximum term of imprisonment of five years, and one count of interstate transportation of stolen property, an offense that carries a maximum term of imprisonment of 10 years. Judge Nagala scheduled sentencing for September 5.
Alicea has been detained since his arrest on August 23, 2022.
This investigation is being led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Internal Revenue Service – Criminal Investigation Division (IRS-CI), and the East Hartford Police Department. The case is being prosecuted by Assistant U.S. Attorneys Lauren C. Clark and A. Reed Durham.
Modesto Man Sentenced to over 12 Years in Prison for Drug Trafficking, Illegal Firearms PossessionRead the Press Release
FRESNO, Calif. — Joshua Harrington, 36, of Modesto, was sentenced Monday to 12 years and seven months in prison for possessing with intent to distribute methamphetamine and being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on April 2, 2021, Harrington discarded a backpack with two firearms while fleeing from law enforcement officers. Harrington is prohibited from possessing firearms and ammunition because he has been convicted of multiple felonies in Stanislaus County, including possession of a controlled substance and two convictions for being a felon in possession of a firearm. Officers also located methamphetamine possessed by Harrington for distribution in the garage at his residence. On Aug. 14, 2021, Harrington possessed methamphetamine with the intent to distribute it in Modesto.
This case was the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Stanislaus County District Attorney’s Office; the Stanislaus County Probation Department; and the Modesto Police Department. Assistant U.S. Attorney Kimberly Sanchez prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Marina del Rey Man Arrested for Allegedly Fraudulently Obtaining More Than $3 Million in COVID Business Loans for Shell CompaniesRead the Press Release
LOS ANGELES – A Westside man has been arrested on a federal grand jury indictment alleging he fraudulently obtained nearly $3.2 million in COVID-19 loans for his businesses that, in fact, were shell companies, the Justice Department announced today.
Mark Farag Shehata, 70, a.k.a. “Samy Farag,” “Mark Farag,” and “Mark Fshehata,” of Marina del Rey, was arrested Monday morning by federal agents and was arraigned late Monday in United States District Court in downtown Los Angeles.
Shehata pleaded not guilty to seven counts of wire fraud. A July 24 trial date was scheduled, and a $500,000 bond was set in this case.
According to a federal grand jury indictment returned on June 8 and unsealed Monday, Shehata organized and registered four limited liability companies that purportedly operated in Marina del Rey: Shirmak Group LLC; Cynergy Group Internatioal (sic) LLC; Global Network Investments LLC; and Alpha and Omega Group LLC.
From May 2020 to May 2021, Shehata allegedly submitted at least seven false and fraudulent loan applications under the Paycheck Protection Program (PPP), a financial aid plan Congress enacted to support businesses harmed by the COVID-19 pandemic’s economic impact. The PPP loans were to be used by recipients to pay only certain authorized business expenses, such as payroll, mortgage interest, lease, and utilities.
Shehata’s four businesses were nothing more than shell companies, the indictment alleges. None of the PPP loan proceeds Shehata allegedly fraudulently obtained were used to make payments to employees for payroll or any business expenses.
In furtherance of the scheme, Shehata submitted to the Small Business Administration and several lenders false applications requesting a total of $5,423,989 in PPP loans, and fraudulently obtained approximately $3,154,265 in PPP proceeds, the indictment alleges.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
If convicted, Shehata would face a statutory maximum sentence of 20 years in federal prison for each count.
The United States Department of Justice Office of Inspector General investigated this matter.
This case was investigated by the Pandemic Response Accountability Committee (PRAC) Fraud Task Force. The PRAC was established to serve the American public by promoting transparency and facilitating coordinated oversight of the federal government’s COVID-19 pandemic response. The PRAC’s 21 member Inspectors General identify major risks that cross program and agency boundaries to detect fraud, waste, abuse, and mismanagement in the more than $5 trillion in COVID-19 spending. The PRAC Fraud Task Force brings together agents from 15 Inspectors General to investigate fraud involving a variety of programs, including the Paycheck Protection Program. Task force agents who are detailed to the PRAC receive expanded authority to investigate pandemic fraud as well as tools and training to support their investigations.
Assistant United States Attorney Valerie L. Makarewicz of the Major Frauds Section is prosecuting this case.
Anyone with general information about allegations of attempted fraud involving COVID-19 can report it by calling the Justice Department’s National Center for Disaster Fraud Hotline at (866) 720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Man Pleads Guilty to Running Child Sexual Abuse WebsiteRead the Press Release
An Alabama man pleaded guilty yesterday for his involvement with a website dedicated to the advertisement and distribution of images and videos depicting child sexual abuse.
According to court documents, William Michael Spearman, 57, of Madison, was the lead administrator of the website, which had been operating for many years. The website included a section devoted to the sexual abuse of infants and toddlers, a section devoted to images and videos depicting children being subjected to pain and torture, and a section devoted to avoiding detection by law enforcement. As the lead administrator, Spearman managed numerous “staff” members, directed them how to help run the site, recommended other users for promotion, kept records of child pornography files advertised and distributed over the site, presided over staff meetings, praised and scolded users, and counseled users and other managers about the function and expectations of the website. Spearman also advertised and distributed images over the website.
Spearman pleaded guilty to engaging in a child exploitation enterprise. He is scheduled to be sentenced on Aug. 31, and faces a mandatory minimum sentence of 20 years in prison and a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The following defendants have also been convicted in the Southern District of Florida for their involvement with the same website:
Name
Residence
Charges
Status
Selwyn David Rosenstein
Boynton Beach, Florida
Conspiracy to advertise child pornography; five counts of advertisement of child pornography; possession of child pornography
Sentenced to 28 years in prison and ordered to pay $85,000 in restitution to victims
Gregory Malcolm Good
Silver Springs, Nevada
Conspiracy to advertise child pornography; conspiracy to distribute child pornography
Scheduled to be sentenced on Aug. 22
Robert Preston Boyles
Clarksville, Tennessee
Conspiracy to advertise child pornography; conspiracy to distribute child pornography
Scheduled to be sentenced on Aug. 15
Matthew Branden Garrell
Raleigh, North Carolina
Conspiracy to advertise child pornography; conspiracy to distribute child pornography
Scheduled to be sentenced on Aug. 1
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office made the announcement.
The FBI’s Child Exploitation Operational Unit, West Palm Beach Resident Agency, and Miami Field Office investigated the cases. Substantial assistance for the case was provided by FBI Field Offices and Resident Agencies in: Huntsville, Alabama; Reno, Nevada; Clarksville, Tennessee; Raleigh, North Carolina; and Madison, Wisconsin. Substantial assistance was also provided by the U.S. Attorneys’ Offices for the Northern District of Alabama, District of Nevada, Middle District of Tennessee, Eastern District of North Carolina, and Western District of Wisconsin.
Trial Attorneys Kyle P. Reynolds and William G. Clayman of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Gregory Schiller for the Southern District of Florida are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Man Pleads Guilty to Running Child Sexual Abuse WebsiteRead the Press Release
MIAMI – An Alabama man pleaded guilty yesterday for his involvement with a website dedicated to the advertisement and distribution of images and videos depicting child sexual abuse.
According to court documents, William Michael Spearman, 57, of Madison, was the lead administrator of the website, which had been operating for many years. The website included a section devoted to the sexual abuse of infants and toddlers, a section devoted to images and videos depicting children being subjected to pain and torture, and a section devoted to avoiding detection by law enforcement. As the lead administrator, Spearman managed numerous other “staff” members, directed them how to help run the site, recommended other users for promotion, kept records of child pornography files advertised and distributed over the site, presided over staff meetings, praised and scolded users, and counseled users and other managers about the function and expectations of the website. Spearman also advertised and distributed images over the website.
Spearman pleaded guilty to engaging in a child exploitation enterprise. He is scheduled to be sentenced on Aug. 31, and faces a mandatory minimum sentence of 20 years in prison and a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The following defendants have also been convicted in the Southern District of Florida for their involvement with the same website:
Name
Residence
Charges
Status
Selwyn David Rosenstein
Boynton Beach, Florida
Conspiracy to advertise child pornography; five counts of advertisement of child pornography; possession of child pornography
Sentenced to 28 years in prison and ordered to pay $85,000 in restitution to victims
Gregory Malcolm Good
Silver Springs, Nevada
Conspiracy to advertise child pornography; conspiracy to distribute child pornography
Scheduled to be sentenced on Aug. 22
Robert Preston Boyles
Clarksville, Tennessee
Conspiracy to advertise child pornography; conspiracy to distribute child pornography
Scheduled to be sentenced on Aug. 15
Matthew Branden Garrell
Raleigh, North Carolina
Conspiracy to advertise child pornography; conspiracy to distribute child pornography
Scheduled to be sentenced on Aug. 1
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office made the announcement.
The FBI’s Child Exploitation Operational Unit, West Palm Beach Resident Agency, and Miami Field Office investigated the cases. Substantial assistance for the case was provided by FBI Field Offices and Resident Agencies in: Huntsville, Alabama; Reno, Nevada; Clarksville, Tennessee; Raleigh, North Carolina; and Madison, Wisconsin. Substantial assistance was also provided by the U.S. Attorneys’ Offices for the Northern District of Alabama, District of Nevada, Middle District of Tennessee, Eastern District of North Carolina, and Western District of Wisconsin.
Assistant U.S. Attorney Gregory Schiller and Trial Attorneys Kyle P. Reynolds and William G. Clayman of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 22-cr-80173.
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Man Charged with Possessing Firearms While Trafficking Fentanyl in Chicago SuburbsRead the Press Release
CHICAGO — A federal grand jury has indicted a man on drug and firearm charges for allegedly possessing multiple guns while trafficking fentanyl and other narcotics in the Chicago suburbs.
An indictment returned in U.S. District Court in Chicago charges OMARI ANDREWS, JR., with possessing an AR-15 rifle and three handguns in furtherance of drug trafficking crimes. Andrews allegedly distributed fentanyl and heroin in Westmont, Ill., Villa Park, Ill., Des Plaines, Ill., and Hillside, Ill., the indictment states. In March, law enforcement searched his residence in Mt. Prospect, Ill., and discovered distribution quantities of fentanyl, heroin, cocaine, and marijuana, as well as the firearms, all of which were loaded.
Andrews, 23, is detained in federal custody without bond. His arraignment is scheduled for June 20, 2023, at 1:00 p.m., before U.S. District Judge Edmond E. Chang.
The indictment was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois; and Sean Fitzgerald, Special Agent-in-Charge of Homeland Security Investigations in Chicago. The Skokie, Ill., Police Department provided valuable assistance. The government is represented by Assistant U.S. Attorney Alejandro G. Ortega.
Holding firearm and drug offenders accountable through federal prosecution is a centerpiece of Project Safe Neighborhoods (PSN) – the Department of Justice’s violent crime reduction strategy. In the Northern District of Illinois, the U.S. Attorney’s Office and law enforcement partners have deployed the PSN program to attack a broad range of violent crime issues facing the district.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
andrews_jr._indictment.pdfMajor Supplier in Juvenile Fentanyl Overdose Case Pleads GuiltyRead the Press Release
A major drug trafficker linked to a string of juvenile fentanyl overdoses in north Texas pleaded guilty today to multiple drug crimes, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Jason Xavier Villanueva, 22, was charged via criminal complaint in February and indicted later that same month. On Tuesday, he pleaded guilty to conspiracy to possess with intent to distribute fentanyl and distribution of fentanyl to a person under 21 years of age.
“Over and over, Mr. Villanueva put poison into the hands of teenagers who could not possibly comprehend the inherent risks. Not even the news of multiple teenage deaths deterred this defendant,” said U.S. Attorney Leigha Simonton. “The Justice Department will not rest until every person who peddled pills to these children, directly or indirectly, is behind bars. We have seen these kids’ faces – vibrant in life, heartrending in death – and we will not forget.”
“The men and women of the DEA Dallas are pleased Mr. Villanueva has pled guilty and will answer for the crimes he has committed,” said Special Agent in Charge Eduardo A. Chávez. “Unfortunately we cannot undo the damage already done to our community, but we can use this to prove once again that drug trafficking cannot be tolerated and we must all stand together to rid our communities of the dangers of illicit drugs like fentanyl.”
In plea papers, Mr. Villanueva admitted he distributed more than 200,000 fentanyl pills to north Texas customers over the course of five or six months, at a rate of about 40,000 pills per month. He sold the pills – round blue tablets marked M-30 – to a network of juvenile and adult dealers in Carrollton, who went on to sell to friends, classmates, and other customers. He often advertised on Instagram.
Mr. Villanueva, through his lower-level dealers, is tied to as many as ten overdoses of nine teenagers in the Carrollton Farmer’s Branch Independent School District. The victims, all middle and high school students, ranged in age from 13 to 17.
Following the arrest of two of these lower-level dealers – Eduardo Navarrete and Magaly Cano – Mr. Villanueva posted on social media, “Only thing that’s gonna stop us is feds.”
Mr. Villanueva is the third defendant charged in the wake of the Carrollton / Flower Mound juvenile overdoses to enter a guilty plea. Magaly Cano and Stephen Paul Brinson pleaded guilty last month; five other defendants, including Mr. Navarrete, have been charged but not yet convicted. (All are presumed innocent until proven guilty in a court of law.)
Mr. Villanueva now faces up to 40 years in federal prison. His sentencing is slated for Wednesday, Oct. 4.
The Drug Enforcement Administration’s Dallas Field Office and the Carrollton Police Department conducted the investigation with the assistance of School Resource Officers from the Carrollton – Farmer’s Branch Independent School District and the Lewisville Independent School District. Assistant U.S. Attorneys Rick Calvert and Phelesa Guy are prosecuting the case.
Note: Illicitly produced, fentanyl-laced pills often look similar to legitimate prescription pills like Oxycontin or Percocet, but can pose significantly more danger. On the street, these pills are often referred to as “M30s” (a reference to the markings on some of the pills), “blues,” “perks,” “yerks,” “china girls,” or “TNT.” DEA research shows that six out of ten pills laced with fentanyl contain a potentially lethal dose. One pill can kill. For resources, visit https://www.dea.gov/onepill.Longtime Missouri Juvenile Officer Sentenced to 7 Years in Prison for Sex with 15-Year-OldRead the Press Release
ST. LOUIS – U.S. District Court Judge Audrey G. Fleissig sentenced a former longtime deputy state juvenile officer to seven years in prison for engaging in illegal sex acts with a 15-year-old who was living in an Illinois group home.
Judge Fleissig also ordered Scott F. Burow, 63, to pay $7,500 in restitution to his victim and $5,000 to a fund that helps victims of child pornography and child trafficking.
Burow met the juvenile on an online dating site on which the victim held herself out to be a young adult. Burow agreed to pay her $100 for sex, his plea agreement says. Burow also demanded that she send him a nude image to ensure that she was not an undercover law enforcement officer or working with police.
Burow picked up the girl on April 2, 2020 from a public park near her group home, took her to his home and secretly recording the sex acts. He then dropped her off at a motel in Palmyra, Missouri. She flagged down a passing police officer for help.
The girl was a ward of the state at the time, living in a facility supporting children struggling with issues related to attachment and developmental trauma.
Burow pleaded guilty in October to a felony charge of transportation of a minor across state lines to engage in prohibited sexual conduct.
The case was investigated by the Palmyra police Department, the Hannibal Police Department and the FBI. Assistant United States Attorney Jillian Anderson is prosecuting the case.This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Department of Justice Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
LeRoy Woman Sentenced to Probation and Home Detention for Failing to File Federal Tax ReturnsRead the Press Release
PEORIA, Ill. – A LeRoy, Illinois woman, Jill D. Little, 60, of the 400 block of West Wayne Street, has been sentenced to two years’ probation, with a condition that one year be served in home detention with electronic monitoring, for failure to file personal tax returns for the years 2015 through 2020. She was also ordered to pay restitution in the amount of $514,814 to the IRS.
An Information was filed against Little in December 2022. She waived indictment and pleaded guilty to the Information, pursuant to a written plea agreement in January 2023.
At the sentencing hearing before U.S. Magistrate Judge Jonathan E. Hawley, the Court heard that Little failed to file personal tax returns and corporate returns for the business where she served as corporate secretary for the tax years 2015-2019, failed to file quarterly returns for the tax years 2015 through the third quarter of 2020, and failed to pay over to the federal government the payroll taxes collected from employees. In total, the tax loss to the government was $514,814. As of the time of sentencing, Little had paid the personal taxes and $150,000 of the corporate taxes which were due and owing. She will pay the remaining balance pursuant to a payment plan with the IRS.
In pronouncing sentence, Magistrate Judge Hawley noted that this was a serious offense and that everybody needs to pay their fair share. In rejecting Little’s statements that this was just a mistake, Magistrate Judge Hawley commented that this was more than a mistake – it involved both the personal returns and the corporate returns for not just one year but for multiple years. “You knew you had to pay, but kept not paying, and you got caught.”
The statutory penalties for failure to file a tax return are not more than 1 year imprisonment and up to a $100,000 fine. Failure to file a tax return is a Class A misdemeanor.
The Internal Revenue Service, Criminal Investigation investigated the case. Criminal Chief Darilynn J. Knauss represented the government in the prosecution.
Kevin M. Epstein to Serve as the U.S. Trustee for the Northern and Eastern Districts of Texas for Interim PeriodRead the Press Release
Kevin M. Epstein, the U.S. Trustee for the Southern and Western Districts of Texas (Region 7), has been designated by Attorney General Merrick B. Garland to serve for an interim period as the U.S. Trustee for the Northern and Eastern Districts of Texas (Region 6) effective July 1, the Executive Office for U.S. Trustees announced today. Epstein replaces William T. Neary, who is retiring after a distinguished 40-year career with the U.S. Trustee Program (USTP). Under 28 U.S.C. § 585(b), the Attorney General may fill U.S. Trustee vacancies by designating an incumbent U.S. Trustee to serve in a second region.
Epstein is a 24-year veteran of the USTP who was appointed as the U.S. Trustee for Region 7 on Jan. 1, 2021.
“Mr. Epstein has a wealth of experience that will maintain stability during this transition, and I know he will bring the same energy and leadership to this additional role in Region 6 as he has brought to Region 7,” said USTP Director Tara Twomey. “On behalf of the USTP, I extend my deepest gratitude to Mr. Neary for the integral role he has played in the development of the USTP throughout his career, from the early pilot days to today, not only within Region 6 but nationally. His legacy of excellence and service will continue on.”
The USTP is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The USTP has 21 regions and 90 field office locations. Region 6 has offices in Dallas and Tyler, Texas.
Justice Department Secures Agreement with Staffing Company to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with Mountain Prairie Holdings, a Colorado-based staffing agency that formerly operated as Apprentice Personnel. The settlement resolves the department’s determination that Mountain Prairie violated the Immigration and Nationality Act (INA) by discriminating against non-U.S. citizen workers when checking their permission to work in the United States.
“Demanding that workers provide more documentation than required by law to prove their permission to work causes unnecessary stress, financial hardship and obstacles to employment, especially for vulnerable workers,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to hold employers accountable for such discriminatory actions.”
The department’s investigation began after a newly hired non-U.S. citizen complained that staff in Apprentice Personnel’s Colorado Springs office demanded that he produce a foreign passport to prove his permission to work, even though he had already presented sufficient documentation. The department also determined that the Colorado Springs office routinely required certain non-U.S. citizens to show their immigration documents, even when these workers had already presented other valid documentation. Ultimately, the department found that several non-U.S. citizens, including the complaining party, had been victims of this practice.
Under the terms of the settlement, Mountain Prairie will pay civil penalties to the United States and be subject to departmental monitoring for a three-year period. Additionally, Mountain Prairie will train staff on the INA’s anti-discrimination provision and review and revise its employment policies before the company or any of its subsidiaries hire any workers during the monitoring period.
Federal law allows all workers to choose which valid, legally acceptable documentation to present to demonstrate their identity and permission to work, regardless of citizenship, immigration status or national origin. The INA’s anti-discrimination provision prohibits employers from asking for specific documents because of a worker’s citizenship, immigration status or national origin. Indeed, many non-U.S. citizens, including lawful permanent residents, refugees and asylees, are eligible for several of the same types of documents to prove their permission to work as U.S. citizens (such as driver’s licenses and unrestricted Social Security cards). Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Find more information on how employers can avoid discrimination when verifying permission to work on IER’s website. Learn more about how IER protects workers’ rights in this video. For more information about protections against employment discrimination under immigration laws, 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); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Sign up for email updates from IER.
Spanish Version
Jury Convicts Missouri Man After Undercover Sex StingRead the Press Release
TOPEKA, KAN.– A federal jury convicted a Missouri man on one count of travel with intent to engage in illicit sexual conduct, after he was arrested in an undercover operation.
According to court documents and evidence presented at trial, Steven E. Spradley, 58, of Kansas City, Missouri, traveled from Jackson County, Missouri, to Osage County, Kansas, in July 2021 to have sex with whom he believed to be a 17-year-old girl he met online. Spradley was actually communicating with an investigator from the Osage County Sheriff’s Office posing as a minor. The Osage County Sheriff’s Office is part of the Kansas Internet Crimes Against Children Task Force.
Spradley faces a maximum penalty of 30 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
“While child predators have long been a threat, the internet has greatly extended their reach to seek out victims,” said U.S. Attorney Kate E. Brubacher. “As these criminals scour for opportunities to prey on our young people, I applaud law enforcement officers for their proactive approach to catching these criminals and hopefully put them behind bars before a child falls victim.”
“This conviction holds Mr. Spradley accountable for his shameful and predatory actions. It underscores our continued commitment to have our children grow up without fear of exploitation and the importance of our state and local law enforcement partnerships in stopping those who attempt to harm the most vulnerable in our community,” said Charles Dayoub, FBI Kansas City Special Agent in Charge.
The Osage County Sheriff’s Office, the Kansas Internet Crimes Against Children (ICAC) Task Force, and the Federal Bureau of Investigation (FBI) are investigating the case.
Assistant U.S. Attorneys Sara Walton and Stephen Hunting are prosecuting the case.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Jackson, Tennessee, Duo Sentenced in Fraud SchemeRead the Press Release
Jackson, TN – Jennifer Azbill-Hall, 43, and Benjamin Vargason, 61, both of Jackson, Tennessee, have been sentenced to federal prison for their involvement in a bank fraud scheme. United States Attorney Kevin G. Ritz announced the sentences today.
According to United States Attorney Ritz and the information presented in court, Hall and Vargason were indicted in December 2019, in connection with a scheme to steal almost $820,000 from B&H Finance between January 2015 and September 2018. According to the indictment, Hall opened fictitious accounts in the names of former customers of B&H Finance, where she was employed. Hall took out loans and forged endorsements on checks made payable to the customers and cashed the checks through Vargason’s business, Great American Sports. Vargason deposited the checks in his company's account and kept a portion of the proceeds.
Hall was also sentenced in connection with a separate scheme to defraud JMS Restoration while employed there between July 2018 and July 2019. Hall used her access to the company's bank account to pay her mortgage and to transfer funds to CastleGate Kennels which was owned by her husband.
United States District Judge S. Thomas Anderson sentenced Hall to 30 months imprisonment followed by two years supervised release. Hall was also ordered to pay restitution of $920,218.59 and a mandatory assessment fee of $1,600. Vargason was sentenced to time served and placed on supervised release for three years with six months to be served in home confinement. Vargarson was also ordered to pay restitution in the amount of $819,916.63. There is no parole in the federal system.
This case was investigated by the United States Secret Service and the Jackson, Tennessee Police Department.
United States Attorney Ritz thanked Assistant United States Attorney Carroll L. André III and former Assistant United States Attorney Matthew J. Wilson who prosecuted this case, as well as law enforcement partners who investigated this case.
Houston men charged with burning down Spring buildingRead the Press Release
HOUSTON – A 38-year-old local man is now in custody on charges of maliciously using explosive materials resulting in physical injury and conspiracy to do so, announced U.S. Attorney Alamdar S. Hamdani.
Authorities arrested Jason Vernon Rogers today. He is expected to make his initial appearance before U.S. Magistrate Judge Dena Hanovice Palermo at 2 p.m.
Truong Quoc Duong, 52, remains in custody on the same charges following his arrest in March.
A federal grand jury returned the two-count indictment March 1.
On Nov. 21, 2022, Duong and Rogers allegedly set fire to a three-story medical center under construction on I-45 North in Spring. The charges allege the fire resulted in burn injuries to a firefighter and damages to the building and fire truck which exceeded $1 million.
According to the charges, Duong was driving a Jeep Gladiator on the date of the fire with Rogers as his passenger. Duong allegedly let Rogers out near the building. The charges allege Rogers then entered the building with a full backpack but left after several minutes without it. They allegedly later contacted each other and met up at a local restaurant.
The fire had allegedly erupted after they had both left the area of the Spring building. It took firefighters several hours to extinguish it, but it was completely destroyed as was a wall to the adjoining car wash, according to the charges.
According to testimony at his detention hearing, Duong owned a pet store in the strip mall next to the location of the fire. He allegedly rented the location from the same landlord who owned the now-destroyed building. The judge heard that Duong had stopped paying rent and abandoned his store before the lease expired, and the landlords sued him. Several days after, the fire occurred, according to information presented in court.
Upon his arrest, authorities allegedly discovered several 2 liter bottles filled with gasoline as well as numerous unregistered firearm suppressors in Duong's vehicle.
If convicted, Duong and Rogers each face up to 40 years in prison as well as a possible $250,000 maximum fine.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation along with the Montgomery County Fire Marshal’s Office and Texas Ranger. Assistant U.S. Attorney Adam L. Goldman is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Haitian-Chilean Citizen Sentenced to Federal Prison in Connection with Plot to Kill Haitian PresidentRead the Press Release
MIAMI – Rodolphe Jaar, 49, was sentenced to life in federal prison by U.S. District Judge Jose E. Martinez for his participation in the events leading to the July 7, 2021, assassination of President Jovenel Moïse of Haiti, after pleading guilty on March 24.
From at least February to July 2021, South Florida served as a central location for planning and financing the plot to oust President Moïse from power and replace him with someone who would serve the coconspirators’ political goals and financial interests. Jaar helped secure weapons and provided other support.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, and Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI), Miami, announced the sentence imposed by U.S. District Judge Martinez.
FBI Miami and HSI Miami investigated this case, with valuable assistance provided by Department of State, Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Department of Commerce, Bureau of Industry and Security Office of Export Enforcement, and the Department of Defense’s Criminal Investigative Service.
Assistant U.S. Attorneys Andrea Goldbarg and Monica Castro of the Southern District of Florida, Trial Attorneys Frank Russo and Jessica Fender of the National Security Division’s Counterterrorism Section, and Emma Ellenrieder of the National Security Division’s Counterintelligence and Export Control Section are prosecuting this case. Assistant U.S. Attorney Joshua Paster is handling asset forfeiture. The Justice Department’s Office of International Affairs provided valuable assistance.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 22-cr-20104.
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Greyhound Bus Passenger Convicted of Trafficking NarcoticsRead the Press Release
Memphis, TN – Juan Covarrubias-Garcia, 34, pled guilty to possession with intent to distribute 400
grams or more of fentanyl and 500 grams or more of cocaine. United States Attorney Kevin G. Ritz
announced the guilty plea today.According to United States Attorney Ritz and information presented in court, on November 14, 2022,
West Tennessee Drug Task Force Agents were working at the Greyhound bus station in Memphis, when
they met an inbound bus from Oklahoma City. The defendant, Juan Covarrubias Garcia, a passenger on
the bus, was found to be in possession of two brown bricks wrapped in mailing tape. Further search
revealed the packages contained 990.8 grams of cocaine, approximately 1 kilogram of fentanyl
powder, and 5,033 fentanyl pills.The penalty for possession of 400 grams or more of fentanyl is not less than 10 years’
imprisonment, not more than life, not more than a $10,000,000 fine, and not less than 5 years’
supervised release. The penalty for possession of 500 grams or more, of cocaine is not less than 5
years’ imprisonment, not more than 40 years, not more than a $5,000,000 fine, and not less than 4
years’ supervised release. There is no parole in the federal system.Sentencing is scheduled for September 13, 2023, before Chief District Judge Sheryl H. Lipman.
This case was investigated by the West Tennessee Drug Task Force and the Drug Enforcement
Administration.Assistant United States Attorneys Bryce Phillips and Michelle Kimbril-Parks are prosecuting this
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Great Falls man admits trafficking meth, fentanyl in communityRead the Press Release
GREAT FALLS — A Great Falls man admitted today to trafficking methamphetamine and fentanyl pills in the community, U.S. Attorney Jesse Laslovich said.
Shacotta Keenan St. Onge, aka Shaq, 30, pleaded guilty to a superseding information charging him with possession with intent to distribute controlled substances. St. Onge faces a mandatory minimum of 10 years imprisonment, a $10 million fine and at least five years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Nov. 9. St. Onge was detained pending further proceedings.
In court documents, the government alleged that in the fall of 2022, the Russell Country Drug Task Force learned that St. Onge was distributing drugs in the Great Falls area. Law Enforcement used undercover agents and confidential informants to make controlled buys of meth and fentanyl pills from St. Onge in January. Law enforcement executed a search warrant on St. Onge’s residence in February and recovered fentanyl pills and meth.
Assistant U.S. Attorney Ethan R. Plaut is prosecuting the case. Homeland Security Investigations, the Russell Country Drug Task Force, the Great Falls Police Department and Drug Enforcement Administration conducted the investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Fort Myers Man Sentenced to Federal Prison for Unlawfully Possessing Firearm as A Convicted FelonRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Alphonso Lataurean James (29, Fort Myers) to seven years and eight months in federal prison for possessing a firearm as a previously convicted felon. The court also ordered James to forfeit the firearm and ammunition possessed during the offense. James had pleaded guilty on March 7, 2023.
According to court records, during the morning of August 10, 2022, officers from the Fort Myers Police Department (FMPD) conducted a traffic stop on a vehicle in which James was the front-seat passenger. Officers later searched the vehicle and, inside a camouflage bag that James had been seen wearing earlier that morning, officers located a loaded Glock handgun equipped with an extended magazine. In a velvet Crown Royal bag found near the camouflage bag, officers found more than a half-ounce of fentanyl. As a convicted felon, James is prohibited from possessing firearms or ammunition under federal law.
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 Bureau of Alcohol, Tobacco, Firearms and Explosives, the Fort Myers Police Department, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Simon R. Eth.
Fort Myers Convicted Felon Pleads Guilty to Unlawfully Possessing FirearmsRead the Press Release
Fort Myers, Florida – United States Attorney Roger B. Handberg announces that Travis Lavon Anderson (36, Fort Myers) has pleaded guilty to possessing firearms as a previously convicted felon. Anderson faces a maximum of 10 years in federal prison. A sentencing date has not yet been set.
According to court documents, during the afternoon of June 8, 2022, officers from the Fort Myers Police Department (FMPD) were alerted to multiple rounds of gunfire in quick succession in the vicinity of a home on Lantana Street in Fort Myers. During a subsequent investigation into the origin of the gunfire, officers obtained surveillance video depicting Anderson discharging a firearm 10 times in front of his home on Lantana Street. FMPD personnel obtained a warrant to search the interior of the residence where officers found three firearms and several dozen rounds of ammunition belonging to Anderson, including a loaded AR-15-style rifle and two handguns. As a previously convicted felon, Anderson is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Myers Police Department. It is being prosecuted by Assistant United States Attorney Simon R. Eth.
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.
Fort McCoy Man Who Attempted to Entice A 12-Year-Old Child to Engage in Sexual Activity Sentenced to More Than 10 Years in Federal PrisonRead the Press Release
Ocala, Florida – Senior United States District Judge Gregory A. Presnell has sentenced Jorge Mojocoa (70, Fort McCoy) to 10 years and one month in federal prison for attempting to entice a minor to engage in sexual conduct. A federal jury had found Mojocoa guilty on March 1, 2023.
According to evidence presented at trial, on March 30, 2022, Mojocoa responded to a social media posting offering a minor child for sexual services in return for cash. The post had been made by an undercover law enforcement officer. The fictional child purportedly suffered from many physical disabilities, including paralysis and autism. Over the span of two days, Mojocoa spoke to an undercover officer about engaging in sex with the 12-year-old girl. After settling on a price, Mojocoa drove to an agreed-upon location to engage in sex with the child. Once arrested, law enforcement recovered lubricant and candy in Mojocoa’s possession. During the negotiations, Mojocoa had agreed to bring those particular items for his encounter with the child.
“When it comes to sexual deviants and their activities on social media there are no limits to what they will do,” said Homeland Security Investigations (HSI) Assistant Special Agent in Charge David Pezzutti. “This sentencing is a testament to totality of the federal, state, and local law enforcement partnerships we have when investigating those who would willfully harm our children.”
This case was investigated by Homeland Security Investigations (HSI), the United States Secret Service, the Marion County Sheriff’s Office, the Ocala Police Department, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorneys Tyrie K. Boyer and Belkis H. Crockett.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Electrical Company General Manager Pleads Guilty to Defrauding Keolis Commuter ServicesRead the Press Release
BOSTON – The general manager of a Massachusetts-based electrical company pleaded guilty yesterday in connection with a false invoicing scheme that defrauded Keolis Commuter Services (Keolis) of over $4 million.
John Rafferty, 69, of Hale’s Location, N.H., pleaded guilty to one count of conspiracy to commit wire fraud. U.S. Senior District Court Judge William G. Young scheduled sentencing for Sept. 18, 2023. Rafferty was charged on April 4, 2023 and his alleged co-conspirator, John P. Pigsley, was charged in a separate case on the same day.
Keolis has operated the MBTA commuter rail system since 2014 under an annual contract of $291–$349 million. Rafferty was the general manager of LJ Electric, Inc., an electrical supply vendor to which Keolis paid over $17 million between 2014 through 2021.
Between July 2014 and November 2021, Rafferty and, allegedly, Pigsley defrauded Keolis of over $4 million through a false LJ Electric invoicing scheme. Specifically, Rafferty spent more than $3 million on items allegedly for Pigsley and others – including: at least nine trucks; construction equipment including at least seven Bobcat machines; at least $1 million in home building supplies and services; and a $54,000 camper. Rafferty then recovered the cost of these items by submitting false and fraudulent LJ Electric invoices to Keolis, which also included a percentage profit that Rafferty kept for himself.
The charge of conspiracy to commit wire fraud provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Christopher DiMenna, Acting Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and U.S. Department of Transportation, Office of Inspector General’s Special Agent-in-Charge is Christopher A. Scharf made the announcement today. Assistant U.S. Attorneys Kristina E. Barclay and Elysa Q. Wan of Levy’s Public Corruption & Special Prosecutions Unit are prosecuting the cases.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Five Gang Members Found Guilty in the Murder of 10-year old Makiyah Wilson; One More Convicted of Related ChargeRead the Press Release
WASHINGTON – A Superior Court jury, today, returned guilty verdicts against six men, from Washington, D.C., charged in the murder of 10-year old Makiyah Wilson. The verdicts were announced by U.S. Attorney Matthew M. Graves and Interim Chief Ashan Benedict, of the Metropolitan Police Department (MPD).
A jury found Isaiah Murchison, 23, Darrise Jeffers, 23, Gregory Taylor, 27, Qujuan Thomas, 24, and Quentin Michals, 25, guilty of first degree murder while armed, conspiracy to commit a crime of violence, participation in a criminal street gang, and multiple counts of assault with intent to kill while armed. Co-defendant Marquell Cobbs, 21, was found guilty of conspiracy to commit a crime of violence. All six are members of the “Wellington Park crew.” Sentencing hearings are scheduled for October 6, 2023 and October 20, 2023.
“On July 16, 2018, four men exited a vehicle in the courtyard of an apartment complex and indiscriminately fired over 50 shots at the residents because of a petty social media feud they had with individuals who associated with that community,” said U.S. Attorney Matthew M. Graves. “Their rampage left multiple people shot and a 10-year old child dead. Today’s verdicts demonstrate that we will hold accountable both the shooters in these brazen attacks and the people who help them.”
“This investigation was the result of great detective work by our homicide detectives, who worked tirelessly to track down evidence, follow up on leads and tips from the community, along with our federal law enforcement partnerships,” said Chief Benedict. “It was because of hard work between the Metropolitan Police Department, our law enforcement partners and most importantly the community.”
On July 16, 2018, defendants Isaiah Murchison, Gregory Taylor, Qujuan Thomas, and two other individuals drove to the Clay Terrace neighborhood armed with guns. They opened fire on the Clay Terrace courtyard, firing more than 50 shots, indiscriminately. Makiyah Wilson, who was sitting on the front stoop of her home, was killed. Several other people were wounded. Defendants Quentin Michals and Darrise Jeffers assisted the shooters by obtaining the weapons and vehicle used in the shooting. Despite having witnessed the defendants preparing for the shooting, no witnesses were willing to provide information regarding the identity of the shooters. The government presented forensic evidence, statements the defendants made over social media, and motive evidence in presenting its case.
In announcing the verdicts, U.S. Attorney Graves and Interim Chief Benedict commended the work of the detectives with the Metropolitan Police Department who investigated the case as well as members of the prosecution team, including: Paralegal Specialists Sharon Newman and Grazy Rivera and Assistant U.S. Attorneys Richard Barker and Melissa Jackson, along with former Assistant U.S. Attorney John Timmer, who investigated the case. Finally, they thanked Assistant U.S. Attorneys Laura Bach and Lindsey Merikas who prosecuted the case.
Firearms Dealer Sentenced for Selling Multiple Firearms to Prohibited IndividualsRead the Press Release
BOSTON – A Lowell woman has been sentenced in federal court in Boston for attempting to sell at least nine firearms, including an AR-15 rifle, to individuals cooperating with law enforcement.
Leticia Alcantara, 25, was sentenced on June 9, 2023 by U.S. District Court Judge Angel Kelley to one year and one day in prison, deemed served. On March 22, 2023, Alcantara pleaded guilty to one count of selling or transferring firearms to a prohibited person.In October 2021, investigators identified Alcantara as a firearms dealer in Massachusetts. On Feb. 15, 2022, Alcantara offered to sell a 9mm handgun to two individuals who, unbeknownst to her, were cooperating with law enforcement. On March 15, 2022, Alcantara met with the cooperating witnesses at a prearranged meeting location in a parking lot in Falmouth to conduct the transaction. There, Alcantara was observed entering the vehicle occupied by the cooperating witnesses and produced a black trash bag from her purse containing the firearm.
On multiple occasions in July 2022, Alcantara communicated with one of the cooperating witnesses regarding additional firearms she was offering for sale, including sending photos of: a 9mm handgun on July 2, 2022; a small holster-grip revolver and one large black pistol on July 7, 2022; and two handguns on July 9, 2022. At the direction of law enforcement, the cooperating witness agreed to purchase the last two handguns Alcantara offered for sale. On July 12, 2022, Alcantara met with the cooperating witnesses during a controlled purchase in Plymouth. There, Alcantara was observed entering the vehicle and producing one .45 caliber pistol and one 9mm pistol from a dark colored bag.
On July 12, 2022, Alcantara sent additional photos of two firearms for sale which, at the direction of law enforcement, the cooperating witness agreed to purchase. On July 19, 2022, Alcantara arrived at the same prearranged meeting location in Plymouth where she entered the cooperating witnesses’ vehicle and provided two 9mm pistols. Following the transaction, Alcantara continued communicating with the cooperating witness about additional firearms for sale, including a handgun and an AR-15 rifle. Alcantara was arrested on July 29, 2022.
Acting United States Attorney Joshua S. Levy and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. Valuable assistance in the investigation was provided by the Plymouth and Falmouth Police Departments. Assistant U.S. Attorney Charles Dell’Anno of Levy’s Criminal Division prosecuted the case.
Federal Jury Finds Physician Assistant Guilty of $10 Million Medicare FraudRead the Press Release
CHARLOTTE, N.C. – A federal jury in Charlotte returned a guilty verdict today against a physician assistant, for his role in a genetic testing scheme that resulted in the submission of more than $10 million in fraudulent claims to the Medicare program, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. Colby Edward Joyner, 35, of Monroe, N.C., was convicted of one count of health care fraud and six counts of making false statements relating to health care matters.
Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Tamala E. Miles, Special Agent in Charge with the Department of Health and Human Services, Office of Inspector General (HHS-OIG), join U.S. Attorney King in making today’s announcement
“Joyner exploited telemedicine technology to siphon off money from Medicare, a federally-funded program that so many people rely on for their health care needs,” said U.S. Attorney King. “As the telehealth field continues to grow, federal prosecutors and investigators are keeping a watchful eye for scammers who seek to exploit this platform for their own benefit.”
“Joyner took a medical oath to base his care on a patient’s needs rather than his financial interests, but he violated that oath and now must face the consequences,” said Special Agent in Charge DeWitt.
“When health care professionals cause the submission of false claims to federal health care programs, they undermine the public’s trust in the health care profession and take valuable, taxpayer-funded resources away from their intended recipients,” said Special Agent in Charge Miles.
According to trial evidence, witness testimony and documents filed with the court, in 2018 and 2019, Joyner was a physician assistant in the Charlotte area who worked as an independent contractor for a physician staffing and telemedicine company. As trial evidence established, during the relevant time frame, Joyner signed fraudulent prescriptions for medically unnecessary genetic testing, specifically cancer genomic and pharmacogenetic testing, for hundreds of Medicare beneficiaries residing in North Carolina. Joyner had never met, seen or treated the beneficiaries, and only had brief telephone conversations with them or no interactions at all.
Trial evidence showed that Joyner received from the telemedicine company and its clients pre-populated prescription forms and related records for patients who were pre-selected for genetic testing, which he then electronically signed and returned, in exchange for $12—and later $15—for each purported consultation that he performed.
According to evidence presented at trial, to conceal that Joyner was not the beneficiaries’ treating physician and that he did not conduct medical evaluations or examinations of the beneficiaries, Joyner falsified medical records in connection with the unnecessary prescriptions and falsely certified that the genetic tests were medically necessary. The government’s evidence established that Joyner’s scheme resulted in the submission of more than $10 million in fraudulent reimbursement claims to Medicare, and more than $3.6 million in payments.
Joyner was released on bond. A sentencing date has not been set. The health care fraud charge carries a maximum prison term of 10 years and a $250,000 fine. The charge of making false statements relating to health care matters carries a maximum penalty of five years in prison and a $250,000 fine, per count.
The FBI in Charlotte and HHS-OIG investigated the case.
Assistant U.S. Attorneys Katherine Armstrong and Matthew Warren, and Special Assistant U.S. Attorney Eric Frick of the U.S. Attorney’s Office in Charlotte are prosecuting the case.
Federal Jury Convicts West Virginia Inmate of Sending Obscene Matter to a MinorRead the Press Release
CHARLESTON, W.Va. – After a one-day trial, a federal jury convicted Darrin Alonzo Miller, 41, today of transfer of obscene material to a minor under the age of 16.
Evidence at trial proved that on June 22, 2020, Miller sent a letter through the United States mail to a 14-year-old girl while he was an inmate at the Parkersburg Correctional Center. In the letter, Miller described in graphic detail he and the minor female engaging in sexual intercourse upon his release from incarceration.
Miller is scheduled to be sentenced on September 7, 2023, and faces a maximum penalty of 10 years in prison, five years and up to a lifetime of supervised release, and a $250,000 fine.
“There can be no tolerance of predatory criminal behavior targeting children,” said United States Attorney Will Thompson. “I commend the West Virginia State Police for investigating this case and Assistant United States Attorneys Jennifer Rada Herrald and Francesca C. Rollo as well as our trial team for securing the guilty verdict.”
United States District Judge Joseph R. Goodwin presided over the jury trial.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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. 2:21-cr-261.
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Fayetteville Cardiologist Agrees to Pay over $5 Million to Resolve Allegedly False Medicare and Medicaid ClaimsRead the Press Release
RALEIGH, N.C. – Fayetteville, North Carolina cardiologist Dr. Hari Saini and his current practice, Carolina Heart and Leg Center, P.A., agreed to pay $5,015,554 to the United States and North Carolina to resolve allegedly false Medicare and Medicaid claims.
“This civil fraud settlement demonstrates our steadfast commitment to protect taxpayer money and guard the integrity of our vital health care programs,” said U.S. Attorney Michael Easley. “Medical doctors should never bill for unnecessary procedures. Those who do will be held accountable. Our office will zealously pursue damages and civil penalties against medical professionals where warranted.”
This settlement arose from whistleblower allegations that Dr. Saini and his cardiology practice performed unnecessary atherectomy procedures to remove minor plaque blockage in leg arteries in patients. The United States filed a complaint against Dr. Saini, Carolina Heart and Leg Center, and Carolina Cape Fear Medical Group, alleging that Defendants “systematically overstated the stenosis percentage” to justify medically unnecessary atherectomies for the maximum number of procedures for their patients. More specifically, the Government alleged that Dr. Saini—who was one of the highest billing cardiologists in North Carolina for this type of claim—conducted “risky and invasive atherectomy procedures to unnecessarily remove plaque blockage that was, at best, only minimally present, all in blatant disregard for patient safety and Program billing requirements.” Based upon billing and medical records, Defendants were paid millions from Medicare and Medicaid, which the Government alleged was not supported by the retained medical records for the services provided and billed.
Ultimately, after six years of discovery and litigation, and with trial looming, Dr. Saini and his practice agreed to pay more than $5 million to resolve the False Claims Act allegations.
“Physicians cannot perform procedures on patients who don't need them just to make more money,” said Attorney General Josh Stein. “That’s a waste of taxpayer resources and a fundamental abuse of the trust we put in doctors. My office will hold accountable health care providers when they commit fraud for their own enrichment.”
The federal and state False Claims Acts mandate that the Governments recover triple the money falsely obtained, plus substantial penalties for each false claim submitted, and attorneys’ fees and costs to the whistleblower. It should be noted that the civil claims resolved by settlement here are allegations only, and that there has been no judicial determination or admission of liability. Dr. Saini and his practice deny these fraud allegations.
This matter was handled in partnership between the United States Attorney’s Office of the Eastern District of North Carolina and the Medicaid Investigations Division of the North Carolina Attorney General’s Office. Assistant United States Attorney Neal Fowler and North Carolina Senior Deputy Attorney General Eddie Kirby represented the United States and State of North Carolina in this civil action. The investigation was conducted by the HHS Office of Inspector General, including Special Agent Craig Schiffbauer, and the North Carolina Medicaid Investigations Division.
Eric G. Olshan Sworn in as U.S. Attorney for the Western District of PennsylvaniaRead the Press Release
PITTSBURGH, Pa. – Eric G. Olshan was sworn in yesterday as the 60th United States Attorney for the Western District of Pennsylvania and began his duties immediately. Chief U.S. District Judge Mark R. Hornak administered the oath to Mr. Olshan, 42, of Pittsburgh.
“I have spent my entire career litigating on behalf of the United States, and I’m honored to continue that service in my new role,” said U.S. Attorney Olshan. “I look forward to working with the dedicated attorneys and staff in our office, as well as our trusted partners in federal, state, and local law enforcement, to pursue our shared goal of securing justice and protecting communities throughout the district.”
Prior to becoming United States Attorney, Mr. Olshan served as the Chief of the Economic/Cyber/National Security Crimes Section. He joined the U.S. Attorney’s Office as an Assistant United States Attorney in 2017, focusing primarily on white collar prosecution. During his time in the district, Mr. Olshan has served as the Civil Rights Coordinator, Public Corruption Coordinator, Health Care Fraud Coordinator, Environmental Crime Coordinator, and District Election Officer.
From 2007 to 2017, Mr. Olshan served in the Public Integrity Section of the Criminal Division of the U.S. Department of Justice in Washington, D.C., first as a Trial Attorney from 2007 to 2013 and then as Deputy Chief from 2013 to 2017. Mr. Olshan entered the Department of Justice through the Attorney General’s Honors Program after serving as a law clerk for Judge Richard C. Tallman of the U.S. Court of Appeals for the Ninth Circuit from 2006 to 2007.
Mr. Olshan graduated from the University of North Carolina at Chapel Hill in 2003, where he earned a B.S. in physics with highest distinction. He received his J.D., cum laude, from Northwestern Pritzker School of Law in 2006.
Mr. Olshan was nominated by President Joseph R. Biden, Jr. on March 21, 2023, and confirmed by the United States Senate on June 8, 2023. He will lead an office currently staffed with 115 Assistant U.S. Attorneys and support staff in offices in Pittsburgh, Erie, and Johnstown.
The Western District of Pennsylvania covers the 25 westernmost counties in the Commonwealth.
El Departamento de Justicia llega a un acuerdo con una empresa de contratación que resuelve unas acusaciones de discriminación relacionada con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Mountain Prairie Holdings, una agencia de contratación con sede en Colorado que anteriormente operaba bajo el nombre de Apprentice Personnel. El acuerdo resuelve la determinación del Departamento que Mountain Prairie vulneró la Ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) al discriminar a trabajadores no ciudadanos de los EE. UU. a la hora de comprobar su permiso para trabajar en los Estados Unidos.
«El exigir que los trabajadores presenten documentos adicionales a los que por ley tiene el requisito de presentar para demostrar su permiso para trabajar causa estrés, dificultades económicas y obstáculos al empleo innecesarios, sobre todo en el caso de trabajadores vulnerables», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia seguirá obligando a los empleadores a rendir cuentas de tales acciones discriminatorias».
La investigación del Departamento comenzó después de que un recién contratado no ciudadano de los EE. UU. se quejó que el personal de la oficina en Colorado Springs de Apprentice Personnel exigió que presentara un pasaporte extranjero para demostrar su permiso para trabajar, a pesar de haber ya presentado suficiente documentación. Asimismo, el Departamento determinó que la oficina en Colorado Springs requería, de forma rutinaria, que ciertos no ciudadanos de los EE. UU. presentasen sus documentos migratorios, incluso cuando estos trabajadores ya habían presentado otra documentación válida. Finalmente, el Departamento halló que varios no ciudadanos de los EE. UU., entre ellos la parte demandante, habían sido víctimas de esta práctica.
Conforme los términos del acuerdo, Mountain Prairie pagará una sanción civil a los Estados Unidos y se someterá a la supervisión del Departamento durante un período de tres años. Por otra parte, Mountain Prairie capacitará a su personal en cuanto a la disposición antidiscriminatoria de la INA y repasará y revisará sus políticas de empleo antes de que la compañía o cualquiera de sus sucursales contraten a trabajadores adicionales durante el período de supervisión.
Las leyes federales permiten a todo trabajador elegir los documentos válidos y legalmente aceptables que desea presentar para demostrar su identidad y permiso para trabajar, independientemente de su ciudadanía, estatus migratorio o nacionalidad de origen. La disposición antidiscriminatoria de la INA prohíbe que los empleadores soliciten documentos específicos por motivos de la ciudadanía, el estatus migratorio o la nacionalidad de origen de un trabajador. En efecto, muchos no ciudadanos de los EE. UU., incluyendo a residentes permanentes legales, refugiados y asilados, son elegibles para varios de los mismos tipos de documentos como lo son los ciudadanos de los EE. UU. para demostrar su permiso para trabajar (tales como licencias de conducir y tarjetas de seguro social sin restricciones). Los empleadores deben permitir que sus trabajadores presenten cualquier documentación aceptable que dichos trabajadores quieran y no pueden rechazar documentación válida que parece ser genuina.
La Sección de Derechos de Inmigrantes y Empleados de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. 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 y represalias e intimidación.
Hay información disponible en el sitio web de la IER sobre cómo los empleadores pueden evitar la discriminación a la hora de verificar el permiso para trabajar. Aprenda más sobre cómo la IER protege los derechos de los trabajadores en este video. Para más información sobre protecciones contra la discriminación en el empleo al amparo de las leyes migratorias, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; envíe en correo electrónico a [email protected]; o visite los sitios web de la IER en inglés y español. Inscríbase para recibir las últimas noticias por correo electrónico de la IER.
East Hartford Man Charged with Fentanyl Distribution OffensesRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, announced that OMARI LEWIS, 24, of East Hartford, was arrested today on an indictment charging him with fentanyl distribution offenses.
As alleged in court documents and statements made in court, in December 2021, the Drug Enforcement Administration’s Tactical Diversion Squad began investigating Lewis and others for distributing fentanyl in the East Hartford and Manchester area. In December 2021 and January 2022, investigators made two controlled purchases of fentanyl from Lewis.
On June 7, 2023, a grand jury in New Haven returned an indictment charging Lewis with two counts of possession with intent to distribute, and distribution of, fentanyl, an offense that carries a maximum term of imprisonment of 20 years on each count.
U.S. Attorney Avery stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Lewis is released on a $75,000 bond pending trial.
This matter is being investigated by the DEA New Haven Tactical Diversion Squad. The DEA Tactical Diversion Squad is composed of personnel from the DEA and the Manchester, Glastonbury, West Haven, Hamden, Newington, and Bristol Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Lauren C. Clark and Stephanie T. Levick.
Dover Man Sentenced to 5 Years in Federal Prison for Distributing FentanylRead the Press Release
CONCORD – A Dover man was sentenced today in federal court for distributing fentanyl and possessing additional fentanyl with intent to distribute in New Hampshire, U.S. Attorney Jane E. Young announces.
Tyler Ward, 36, was sentenced by U.S. District Court Judge Joseph Laplante to 60 months in prison and 3 years of supervised release. On March 3, 2023, Ward pleaded guilty to two counts of distributing fentanyl, and one count of possessing fentanyl with intent to distribute it.
“The Dover Police Department and our federal partners successfully stopped these dangerous drugs from entering our communities,” U.S Attorney Jane E. Young said. “The defendant’s sentence should serve as a warning to those who traffic deadly drugs, that upon conviction, this office will seek significant periods of incarceration.”
“Tyler Ward dealt deadly fentanyl right out of his home in Dover and is now heading to prison for endangering his community,” said Christopher DiMenna, Acting Special Agent in Charge of the FBI Boston Division. “The lengthy federal sentence Mr. Ward received today illustrates how the FBI and our law enforcement partners will work together to investigate, disrupt, and ensure those who insist on bringing harmful crime to our neighborhoods are held accountable.”
On February 2, 2022, and February 11, 2022, law enforcement officers conducted two controlled purchases of five grams of fentanyl each from Ward at his apartment in Dover. At the time of his arrest on March 3, 2022, Ward possessed eight grams of fentanyl. Law enforcement officers located an additional 625 grams of fentanyl in his apartment. Ward admitted to law enforcement in a post-arrest interview that he had intended to sell this fentanyl.
The Federal Bureau of Investigation led the investigation. Valuable assistance was provided by the Dover Police Department. Assistant U.S. Attorney Aaron Gingrande prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
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Department of Justice leaders meet in Seattle to discuss strategies to combat community violenceRead the Press Release
Seattle – U.S. Attorney Nick Brown is hosting the Attorney General Advisory Committee’s Violent and Organized Crime Subcommittee in Seattle this week to share what is working in communities across the country to combat gun crime and enhance community safety. The group will hear from a variety of speakers on community programs working to end the cycle of gun violence, particularly among youth. Additionally, the Director of DOJ’s Project Safe Neighborhood program will lead discussions on the technical training and assistance available to support districts implementing anti-violence programs nationwide.
“This is an excellent opportunity to learn from other districts about strategies that are successfully promoting community safety,” said U.S. Attorney Brown. “We are also highlighting some of the community partnerships here in Western Washington that are working to get firearms away from those who shouldn’t have them. We’ll also spend time learning directly from community stakeholders about their perspectives on violence prevention.”
The King County Prosecutor’s Office will present about the Extreme Risk Protection Order program developed in Washington State. This “Red Flag” law has been a critical tool for getting firearms away from those with behavioral health or domestic violence issues or other violence risk factors. An Extreme Risk Protection Order ("ERPO") was utilized in a federal case during the investigation of Atomwaffen leader Kaleb Cole. Cole had numerous firearms removed from his residence north of Seattle under the ERPO. The Assistant United States Attorney who prosecuted Cole will present to the group about how the law was an important tool in the investigation that ultimately led to the federal prosecution and conviction for hate crimes.
The AGAC Violent and Organized Crime Subcommittee is led by United States Attorney Andrew Luger of Minnesota and the Vice-Chair is United States Attorney Jacqueline Romero of the Eastern District of Pennsylvania. U.S. Attorneys or their representatives are attending from New York, Illinois, California, South Carolina, North Carolina, Colorado, Louisiana, Alabama, Missouri, Mississippi, Georgia, Maine, Ohio, South Dakota, Tennessee, and Iowa.
Convicted Felon and Grape Street Crip Gang Member Sentenced for Firearm OffenseRead the Press Release
Memphis, TN – Fredrick Bonner, 26, has been sentenced to nine years in federal prison for illegal possession of a firearm. United States Attorney Kevin Ritz announced the sentence today.
According to United States Attorney Ritz and the information presented in court, on September 29, 2020, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted an operation in which Bonner sold a MAG Tactical Systems, multi-caliber rifle to investigators. Bonner was arrested on October 15, 2021, for the federal law violation as well as multiple outstanding state warrants.
During the investigation, it was revealed that Bonner had previously been convicted of a felony in Memphis and was affiliated with the Grape Street Crips gang.
Bonner pled guilty to being a convicted felon in possession of a firearm.
“Thanks to the hard work and dedication of the men and women of the ATF and our valued law enforcement partners in their efforts to confront violent crime. We will utilize every resource to disrupt the illegal activities gangs engage in such as the illegal possession of firearms, distribution of narcotics, and other acts of violence within the communities that we serve. This sentence is a perfect example of what it looks like when the revolving door of crime stops spinning. The cycle of violence must stop,” said Marcus Watson Special Agent in Charge, ATF, Nashville.
United States District Judge Thomas L. Parker sentenced Bonner to 108 months in federal prison followed by three years of supervised release. There is no parole in the federal system.
This case was investigated by the ATF.
United States Attorney Kevin Ritz thanked Assistant United States Attorney Gregory Allen who prosecuted this case, as well as the law enforcement partners who investigated the case.
Construction Firm CFO Pleads Guilty to Employment Tax CrimeRead the Press Release
The Chief Financial Officer (CFO) of a Mississippi company pleaded guilty today to willfully failing to report and pay over employment taxes withheld from employees’ paychecks.
According to court documents and statements made in court, Julian Russ of Houma, Louisiana, was the CFO of Community Construction Company LLC, a pipeline-maintenance and construction company based in Hazelhurst, Mississippi. From at least 2012 through October 2018, Russ did not file required quarterly employment tax returns or pay over the taxes withheld from employees’ wages to the IRS, despite knowing of his obligation to do so. In total, Russ caused a tax loss to the IRS of more than $6 million.
Russ will be sentenced on September 19, 2023 and faces a maximum penalty of five years in prison. He also faces a period of supervised release, restitution, and monetary penalties. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorney Curtis Weidler of the Justice Department’s Tax Division and Assistant U.S. Attorney Charles Kirkham for the Southern District of Mississippi are prosecuting the case.
Construction Firm CFO Pleads Guilty to Employment Tax CrimeRead the Press Release
The Chief Financial Officer (CFO) of a Mississippi company pleaded guilty today to willfully failing to report and pay over employment taxes withheld from employees’ paychecks.
According to court documents and statements made in court, Julian Russ of Houma, Louisiana, was the CFO of Community Construction Company LLC, a pipeline-maintenance and construction company based in Hazelhurst, Mississippi. From at least 2012 through October 2018, Russ did not file required quarterly employment tax returns or pay over the taxes withheld from employees’ wages to the IRS, despite knowing of his obligation to do so. In total, Russ caused a tax loss to the IRS of more than $6 million.
Russ faces a maximum penalty of five years in prison. He also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory actors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorney Curtis Weidler of the Justice Department’s Tax Division and Assistant U.S. Attorney Charles Kirkham for the Southern District of Mississippi are prosecuting the case.
Chief Engineer Convicted for Obstruction of Justice and Oil Record Book Offenses; Operating Company Pleads Guilty to Oil Record Book OffenseRead the Press Release
NEWS RELEASE SUMMARY – June 13, 2023
SAN DIEGO – Vessel Chief Engineer Denys Korotkiy was convicted by a federal jury of conspiracy to obstruct justice, obstruction of justice, and failure to maintain an accurate oil record book for the vessel Donald following a five-day jury trial in San Diego.
The company that operates the vessel, Interunity Management (Deutschland) GMBH, previously pleaded guilty for maintaining false and incomplete records relating to the discharge of oily bilge water.
The evidence showed that oily bilge water was illegally dumped from the Donald directly into the ocean through the vessel’s sewage holding tank without being properly processed through required pollution prevention equipment. Oily bilge water typically contains oil contamination from the operation and cleaning of machinery on the vessel. These illegal discharges were not recorded in the vessel’s Oil Record Book as required by law. The evidence also showed that Korotkiy made false and fictitious entries in the Oil Record Book claiming transfers of oily bilge had been made from the vessel’s engine room bilge wells to the vessel’s Bilge Holding Tank when, in fact, those transfers had not been made. Finally, the evidence showed that Korotkiy conspired with others to obstruct the United States Coast Guard’s inspection and investigation into the mishandling of oily bilge water onboard the motor vessel Donald.
At the conclusion of the trial, the court remanded Chief Engineer Korotkiy to custody. Sentencing is scheduled for Sept. 1.
“Unlawful oil discharges can cause immeasurable harm to the marine environment,” said U.S. Attorney Randy Grossman. “We will continue to work closely with our agency partners to safeguard our oceans by vigorous enforcement of environmental laws. Today’s case is a reflection of that commitment.” Grossman thanked the prosecution team and the U.S. Coast Guard for their excellent work on this case.
“The illegal discharge of oily bilge water at sea and the falsification and destruction of records in order to obstruct the United States’ ability to investigate those discharges are crimes we take seriously,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The Department of Justice will continue to work with our partner agencies to ensure polluters are held fully accountable.”
“This prosecution highlights the Department of Justice and the U.S. Coast Guard’s dedication in safeguarding our oceans against those that seek to deliberately harm our natural resources,” said Captain James Spitler, Sector Commander, Coast Guard Sector San Diego. “Illegal dumping of oil and falsification of oil record books are egregious violations. This guilty verdict should serve as a reminder that the Coast Guard and our partners at the Department of Justice will work tirelessly to hold accountable those that seek to deliberately discharge oil and falsify records.”
In the same matter, Interunity Management (Deutschland) GMBH pleaded guilty to a felony violation of the Act to Prevent Pollution from Ships, 33 U.S.C. § 1908(a), for failing to accurately maintain the Donald’s Oil Record Book. Under the terms of the plea agreement and subject to court approval, New Trade will pay a total fine of $1.25 million and serve a four-year term of probation, during which any vessels operated by the company and calling on U.S. ports will be required to implement a robust Environmental Compliance Plan. Chief Engineer Korotkiy will be sentenced on September 1, 2023, by the Court for his role.
The plea agreement for the company requires it to pay $312,500 to the National Fish and Wildlife Foundation as a community service payment, to be used to fund research at the Tijuana River National Estuarine Research Preserve.
This case was investigated by the U.S. Coast Guard Sector San Diego, and the U.S. Coast Guard Investigative Service. The case is being prosecuted by Assistant U.S. Attorney Melanie K. Pierson of the U.S. Attorney's Office for the Southern District of California and Senior Trial Attorney Stephen Da Ponte of the Environmental Crimes Section of the Department of Justice.
DEFENDANT Case Number 22cr2762-TWR
Denys Korotkiy Age: 40 Ukraine
SUMMARY OF CHARGES
Conspiracy to Obstruct Justice, in violation of Title 18, United States Code, Section 371
Maximum penalty: Five years in prison and $250,000 fine
Obstruction of Justice, in violation of Title 18, United States Code, Section 1519
Maximum penalty: Twenty years in prison and $250,000 fine
Failure to Maintain an Accurate Oil Record Book, in violation of Title 33, United States Code, Section 1908(a)
Maximum penalty: Six years in prison and $500,000 fine
DEFENDANT
Interunity Management (Deutschland) GMBH
SUMMARY OF CHARGES
Failure to Maintain an Accurate Oil Record Book, in violation of Title 33, United States Code, Section 1908(a)
Maximum penalty for a corporation: Five years of probation and a fine of $500,000 or twice the gross gain or loss from the offense
INVESTIGATING AGENCIES
U.S. Coast Guard Sector San Diego, Coast Guard Investigative Service
Buffalo Man Sentenced for His Role in Two Credit Union Robberies in Lackawanna and ClarenceRead the Press Release
BUFFALO, N.Y.- U.S. Attorney Trini E. Ross announced today that Myron McCollum, 35, of Buffalo, NY, who was convicted of aggravated bank robbery, was sentenced to serve 170 months in prison and ordered to pay restitution totaling $439,293.90, by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Joshua A. Violanti and Nicholas T. Cooper, who handled the case, stated that on July 25, 2019, McCollum and co-defendant Ronald Morris entered the South Towns Community Federal Credit Union on South Park Avenue in Lackawanna wearing dark colored clothing and face masks and conducted a bank robbery with pepper spray and a pistol. McCollum and Morris traversed the teller’s counter, sprayed the tellers with pepper spray, and went to the unlocked safe, forcibly taking $290,500 in United States currency.
On November 7, 2019, McCollum, Morris, and co-defendant Carl Wilson, armed with a pistol and donning masks and gloves, entered the Clarence Community and School Federal Credit Union on Sheridan Drive in Clarence, and conducted a bank robbery while Applewhite, the getaway driver, sat in a car nearby. McCollum and his accomplices ordered all the employees to the ground and demanded money. McCollum and Wilson went behind the teller line and went through teller’s drawers, while Morris went to the vault. They forcibly took $148,793.90 in United States currency.
Defendant Carl Wilson was previously convicted and sentenced to serve 72 months in prison. Defendant Ronald Morris and another co-defendant, Adrian Applewhite, were also previously convicted and are awaiting sentencing.
The sentencing is the result of an investigation by the New York State Police, under the direction of Major Eugene Staniszewski; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; and the Lackawanna Police Department, under the direction of Chief Mark Packard.
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Bridgeport man admits to taking nearly $650,000 in COVID Relief fundsRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Bridgeport, West Virginia, man has admitted to accepting nearly $650,000 in fraudulent COVID-19 relief funding.
James Nolte, 52, pled guilty today to one count of wire fraud. Nolte admitted to improperly securing CARES Act Paycheck Protection Program (PPP) loans for businesses he reportedly owned by falsely representing wages, staff, and tax returns. Nolte received $645,747 in fraudulent loans for PGO Veterans Services, PG Health, RJS Catering, and Dental Care Plus.
Nolte is facing up to 20 years in prison. He will be sentenced at a later date. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Jennifer Conklin is prosecuting the case on behalf of the government.
U.S. Magistrate Judge Michael John Aloi presided.
Anyone aware of COVID fraud can report it via email to [email protected], by telephone to 304-234-0100, or via regular mail to the U.S. Attorney, P.O. Box 591, Wheeling, WV 26003, Attn: COVID Fraud Unit.
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Bloomington Man Pleads Guilty to Wire Fraud in $250 Million Feeding Our Future Fraud SchemeRead the Press Release
MINNEAPOLIS – A Bloomington man has pleaded guilty to his role in the $250 million fraud scheme that exploited a federally-funded child nutrition program during the COVID-19 pandemic, announced U.S. Attorney Andrew M. Luger.
According to the defendant’s guilty plea and court documents, Abdulkadir Awale, 50, admitted that from April 2020 through 2022, he knowingly participated in a fraudulent scheme to obtain and misappropriate millions of dollars in federal child nutrition program funds that were intended as reimbursements for the cost of serving meals to underprivileged children.
According to the defendant’s guilty plea and court documents, Awale enrolled his businesses, Karmel Coffee, LLC, Sambusa King, Inc., and Nawal Restaurant, Inc., in the Federal Child Nutrition Program as vendors under the sponsorship of Feeding Our Future and Sponsor A. Awale falsely claimed that through his businesses, he provided food for more than 3.6 million meals to various sites in Minnesota, totaling approximately $11.8 million in fraudulent Federal Child Nutrition Program funds. As part of the scheme, Awale also paid at least $83,000 in kickbacks to a Feeding Our Future employee in exchange for Awale’s participation in the program. Awale used some of funds to pay off his home mortgage, make cash withdrawals, and purchase vehicles, including two Freightliner Cascadia trucks.
Awale pleaded guilty today before Judge Nancy E. Brasel to one count of wire fraud and agreed to pay restitution in the amount of $2,126,200. A sentencing hearing will be scheduled at a later time.
This case is the result of an investigation conducted by the FBI, IRS – Criminal Investigations, and the U.S. Postal Inspection Service.
Assistant U.S. Attorneys Matthew S. Ebert, Joseph H. Thompson, Harry M. Jacobs, and Chelsea A. Walcker are prosecuting the case. Assistant U.S. Attorney Craig Baune is handling the seizure and forfeiture of assets.