Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
31 July 2023
Mercer County Man Pleads Guilty to Child Exploitation CrimeRead the Press Release
BLUEFIED, W.Va. – Eric Shawn Phillips, 43, of Princeton, pleaded guilty today to enticement of a minor.
According to court documents and statements made in court, from on or about April 19, 2021, to on or about February 17, 2022, Phillips persuaded, induced, enticed and coerced a minor female to engage in sexual activity with him. Phillips admitted that his criminal conduct included sending numerous sexually explicit messages to the minor female via text messaging and social media messaging apps.
Phillips is scheduled to be sentenced on November 13, 2023. Phillips and the United States Attorney’s Office have agreed that a sentence of 30 years in prison and a lifetime of supervised release is the appropriate punishment for his crimes. Phillips must also register as a sex offender.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Mercer County Sheriff’s Department.
Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorneys Julie M. White and Alex Redmon are prosecuting the case.
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. 1:22-cr-194.
###
Martin’s Point Health Care Inc. to Pay $22,485,000 to Resolve False Claims Act AllegationsRead the Press Release
Martin’s Point Health Care Inc. (Martin’s Point), headquartered in Portland, Maine, has agreed to pay $22,485,000 to resolve allegations that it violated the False Claims Act by submitting inaccurate diagnosis codes for its Medicare Advantage Plan enrollees in order to increase reimbursements from Medicare.
Under Medicare Advantage, also known as the Medicare Part C program, Medicare beneficiaries have the option of enrolling in managed care insurance plans called Medicare Advantage Plans (MA Plans). MA Plans are paid a per-person amount to provide Medicare-covered benefits to beneficiaries who enroll in one of their plans. The Centers for Medicare and Medicaid Services (CMS), which oversees the Medicare program, adjusts the payments to MA Plans based on demographic information and the diagnoses of each plan beneficiary. The adjustments are commonly referred to as “risk scores.” In general, a beneficiary with diagnoses more expensive to treat will have a higher risk score, and CMS will make a larger risk-adjusted payment to the MA Plan for that beneficiary.
Martin’s Point operates Medicare Advantage plans for beneficiaries living in Maine and New Hampshire. The United States alleged that, from 2016 to 2019, Martin’s Point engaged in chart reviews of their Medicare Advantage beneficiaries to identify additional diagnosis codes that had not been submitted to Medicare. Many of the additional codes submitted, however, were not properly supported by the patients’ medical records. The government alleged that Martin’s Point nevertheless submitted those diagnosis codes, which resulted in higher payments from CMS.
“The government expects those who participate in Medicare Advantage to provide accurate information to ensure that proper payments are made for the care received by enrolled beneficiaries,” said Deputy Assistant Attorney General Michael D. Granston of the Justice Department's Civil Division, Commercial Litigation Branch. “Today’s result sends a clear message to the Medicare Advantage community that the United States will take appropriate action against those who knowingly submit inflated claims for reimbursement.”
“It is a privilege for health plans to provide services to Medicare beneficiaries, not a right. Medicare Advantage Plan sponsors that submit inaccurate claim information in order to justify inflated payments undermine the financial integrity of the program,” said Deputy Inspector General for Investigations Christian J. Schrank at the Department of Health and Human Services, Office of Inspector (HHS-OIG). “HHS-OIG remains committed to protecting taxpayer-funded health care programs, including Medicare Advantage.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Alicia Wilbur, a former manager in Martin’s Point’s Risk Adjustment Operations group. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Wilbur v. Martin’s Point Health Care Inc., No. 2:18-cv-00254 (DME). As part of today’s resolution, the whistleblower will receive approximately $3.8 million.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of Maine, with assistance from HHS-OIG.
The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The matter was handled by Trial Attorney J. Jennifer Koh of the Justice Department’s Civil Division and Assistant U.S. Attorneys John Osborn and James Concannon for the District of Maine with the assistance of the U.S. Attorney’s Office’s in-house auditor.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
SettlementMarion Man Sentenced to Federal Prison for Conspiring to Distribute CocaineRead the Press Release
A man from Marion, Iowa, was sentenced today to 5 years in federal prison for his involvement in selling cocaine.
Kain Cortez, age 25, from Marion, Iowa, received the prison term after a November 3, 2022 guilty plea to one count of conspiracy to distribute a controlled substance.
Evidence at the plea and sentencing hearings showed that Cheyenne Gonzales and Cortez worked together to sell cocaine in the Cedar Rapids area between April and June 2022. Law enforcement utilized a confidential source to conduct controlled buys of cocaine from Gonzales, and Cortez was present with Gonzales during some of the controlled buys. On June 1, 2022, investigators observed a meeting between Gonzales, Cortez, and two other individuals outside of Gonzales’s and Cortez’s shared residence. On that date, Gonzales and Cortez paid approximately $15,000 in cash for half a kilogram of cocaine and approximately 20 pounds of marijuana.
Cortez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Cortez was sentenced to 60 months’ imprisonment. Cortez must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
On November 14, 2022, Gonzales pled guilty to one count of conspiracy to distribute a controlled substance. Gonzales is scheduled to be sentenced on August 15, 2023.
Cortez is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Adam J. Vander Stoep and was investigated by the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-00054.
Follow us on Twitter @USAO_NDIA.
Man Sentenced to Federal Prison After Using Instagram to Illegally Sell Guns, Including to a MinorRead the Press Release
INDIANAPOLIS- Kelvin Henderson, 23, of Indianapolis, Indiana, has been sentenced to 1 year in federal prison after pleading guilty to making a false statement during the purchase of a firearm.
According to court documents, between April 2 and April 26, 2021, Kelvin Henderson visited a federally licensed Indiana firearms dealer at its Indianapolis, Carmel, and Lebanon locations. In total, Henderson purchased six Glock 9mm handguns and one Ruger AR-556. Multiple purchases of identical firearms in a short period of time is indicative of gun trafficking. As part of each purchase, Henderson falsely stated on required federal firearms transaction forms that he was the actual buyer of the firearms. In fact, Henderson illegally purchased the guns on behalf of others, a gun trafficking scheme known as “straw purchasing.”
A straw purchase scheme is when a person not prohibited from purchasing or possessing a firearm falsely states to a federally licensed gun dealer that they are purchasing a firearm for themselves, when they know that the gun is actually intended for someone else, frequently someone who is prohibited from purchasing or possessing the firearm themselves.
Surveillance video from the gun dealer showed Henderson handing one of the firearms he purchased to another person immediately after leaving the store. In an interview with investigators from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Henderson admitted that he used Instagram to arrange to purchase the guns for two individuals, including one who he stated was a student at an Indianapolis high school and too young to purchase firearms legally.
“Gun traffickers who put deadly weapons in the hands of people with no business having them fuel the epidemic of gun violence in our communities,” said Zachary A. Myers, United States Attorney for the Southern District of Indiana. “Today’s gun traffickers are using Instagram and other social media platforms to illegally put guns in the hands of children and criminals. Together with our partners at ATF we will make our neighborhoods safer by targeting the sources of crime guns and holding illegal gun traffickers accountable.”
“Kelvin Henderson not only illegally purchased firearms, but he did so knowingly risking the lives of minors and the safety of our community. Straw purchasing is not a victimless crime and will not be tolerated,” said Special Agent in Charge Daryl McCormick. “ATF and its law enforcement partners will identify and hold accountable those individuals who continue to contribute to the violence in our cities.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. The sentence was imposed by U.S. District Court Judge, Matthew P. Brookman. Judge Brookman also ordered that Henderson be supervised by the U.S. Probation Office for 1 year following his release from federal prison.
U.S. Attorney Myers thanked Assistant United Stats Attorney Lawrence D. Hilton, who prosecuted this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
###
Luzerne County Man Charged with Committing $350,000 in Covid-19 Pandemic FraudRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Daniel Wasielewski, age 58, of Wilkes-Barre, Pennsylvania, was charged on July 28, 2023, in a criminal information with wire fraud.
According to United States Attorney Gerard M. Karam, the information alleges that Wasielewski filed and assisted others in filing fraudulent applications for pandemic stimulus funds, including under the Payment Protection Program (PPP), for Economic Injury and Disaster Loans (EIDLs), and for Pandemic Unemployment Assistance (PUA) benefits. The PPP and EIDL applications allegedly submitted by Wasielewski and his confederates were filed on behalf of corporate entities that did not, in fact, have actual business operations, and that bore false revenues and other business information. The applications also included forged IRS tax documents.
Wasielewski allegedly received approximately $350,000 in PPP, EIDL, PUA, and other fraudulently-obtained funds, for himself and others. Instead of using the funds on business expenses, Wasielewski and others allegedly used them to purchase cryptocurrency and on other personal expenses.
The PPP and EIDL programs, both funded by the March 2020 CARES Act, were designed to help small businesses facing financial difficulties during the COVID-19 pandemic. PPP funds were offered in forgivable loans, provided that certain criteria are met, including use of the funds for employee payroll, mortgage interest, lease, and utilities expenses. EIDL funds are offered in low-interest rate loans, designated for specific business expenses, such as fixed debts, payroll, and business obligation. The PUA program was created by the CARES Act, as part of the United States government’s efforts to mitigate the impact of the COVID-19 pandemic on the public’s health and economic well-being. The PUA program was designed to provide unemployment benefits to individuals not eligible for regular unemployment compensation or extended unemployment benefits.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
The case was investigated by the United States Postal Inspection Service. Assistant U.S. Attorneys Phillip J. Caraballo and Sean Camoni are prosecuting the case.
The maximum penalties under federal law for the charge of wire fraud is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
# # #
Long Island Chiropractor Sentenced to Prison for Health Care FraudRead the Press Release
Earlier today, Peter Adamczak, a licensed chiropractor operating in East Meadow, Long Island, was sentenced by United States District Judge Joanna Seybert in federal court in Central Islip to a year and a day in prison for health care fraud. As part of that sentence, Judge Seybert ordered Adamczak to pay nearly $1 million in restitution and to forfeit over $180,000. Adamczak had billed a private insurance company over $1 million for acupuncture services that were never performed. The defendant pleaded guilty to the charge in August 2022.
Breon Peace, United States Attorney for the Eastern District of New York, Christie M. Curtis, Acting Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Lucy Lang, Inspector General of New York State, announced the sentence.
“Today’s sentence demonstrates that Adamczak’s long-running scheme, in which he brazenly submitted false and fraudulent billing claims to an insurance provider, ultimately came at a personal cost to the defendant,” stated United States Attorney Peace. “This Office will continue to hold accountable dishonest healthcare professionals who abuse the trust placed in them by lying and cheating in order to line their own pockets.”
“Health insurance fraud is not a victimless crime as it increases the cost of coverage for those who need it most and wastes precious medical resources,” state New York State Inspector General Lang. “I want to thank the United States Attorney for the Eastern District of New York Breon Peace for delivering justice on this case and to the OIG staff who worked on exposing this audacious scheme.”
From 2016 to 2020, Adamczak submitted over $1 million in fraudulent claims for reimbursement to a private insurance company. Adamczak was not licensed to perform acupuncture but claimed that the services were performed by an unaffiliated acupuncturist who leased office space from Adamczak. In reality, neither the unaffiliated acupuncturist nor Adamczak performed the billed acupuncture services. Based on Adamczak’s fraudulent claims, the private insurance company paid reimbursements to its beneficiaries who, in turn, delivered the payments to Adamczak. In one case, a beneficiary who was a relative of Adamczak, deposited the reimbursement checks to their personal bank account and kept the funds.
Assistant United States Attorney John Vagelatos is in charge of the prosecution. Assistant United States Attorney Claire Kedeshian of the Office’s Asset Recovery Section is handling forfeiture matters.
The Defendant:
PETER ADAMCZAK
Age: 66
Huntington, New YorkE.D.N.Y. Docket No. 22-CR-287 (JS)
Lincoln Man Sentenced to 13 Years for Discharging a Firearm During a Drug CrimeRead the Press Release
Acting United States Attorney Susan Lehr announced that Buongkhoy Daniel Wal, 19, of Lincoln, Nebraska, was sentenced today by Senior United States District Judge John M. Gerrard to 13 years’ imprisonment for discharging a firearm during a drug trafficking crime. Wal was also sentenced to a five-year term of supervised release to be served after he completes his prison sentence. There is no parole in the federal system. Wal pleaded guilty to his offense on March 21, 2023.
On August 2, 2021, police responded to reports of a shooting which occurred near the Edgewood Theaters and Target on the south side of Lincoln. Jayden Prentice, Christopher Duncan, and Riley Mills were present when police arrived. Duncan and Prentice had suffered gunshot wounds. First responders resuscitated Duncan using CPR. All were then transported to the hospital. Duncan and Prentice each spent a month in the hospital being treated for their wounds, and Duncan had to have one of his legs amputated.
The investigation would later reveal that a group of people, including Wal and Xavier Gary, arranged to purchase a half-pound of marijuana from Prentice, Duncan, and Mills. The planned purchase was a ruse for a robbery. Wal and an unknown person got into the back of Duncan’s vehicle. Both Wal and the unknown person were seen carrying firearms. Wal began counting out money. At that time, the unknown person pulled out his gun, said something to the effect of, “this is how this is going to go,” and then shot Prentice in the face. Mills was seated in the backseat next to Wal and the unknown person. Mills and the unknown person began struggling over the gun. Meanwhile, several more gunshots were heard being fired just outside the car. Wal, the unknown person, and the others in their group then fled the scene. In their haste to get away, they dropped one of the firearms, a .45 caliber handgun. Ballistics reports showed that handgun was the weapon which fired the shot that struck Prentice, and it fired at least one of the shots that struck Duncan. A DNA profile was also found on that firearm. The DNA profile was found to contain a mixture of DNA from three people, and it was consistent with Wal and Gary both being contributors.
Gary pleaded guilty to his offense, attempted possession of marijuana with the intent to distribute, on March 21, 2023. Prentice, Duncan, and Mills each pleaded guilty to offenses involving the possession of controlled substances with the intent to distribute, and possession of firearms in furtherance of a drug trafficking offense. On June 24, 2022, Mills was sentenced to a 92-month term of imprisonment, to be followed by a three-year term of supervised release. Prentice was sentenced on July 6, 2022, to a 72-month term of imprisonment, and a three-year term of supervised release. Duncan is scheduled for sentencing on November 7, 2023.
The investigation was conducted by the Lincoln Police Department and the Federal Bureau of 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.
Lexington County Men Plead Guilty in Federal Court to Methamphetamine ConspiracyRead the Press Release
COLUMBIA, SOUTH CAROLINA —Christopher David Jeffcoat, 42, and Kenneth Eddy Frye, 59, both of Lexington, have pleaded guilty in federal court to conspiracy to possess with the intent to distribute 50 grams or more of methamphetamine.
Evidence obtained in the investigation revealed that Jeffcoat and Frye—along with a third defendant, Jerry Lynn Cordell—were involved in distributing methamphetamine in Lexington County. The Lexington County Sheriff’s Department Narcotics Enforcement Team along with the Bureau of Alcohol, Tobacco, Firearms and Explosives began an investigation of the men. Using an undercover agent, they made methamphetamine purchases from the men on seven different occasions, buying amounts ranging from 50 grams up to over 200 grams at a time.
Both men face a maximum penalty of 40 years in federal prison, a fine of up to $250,000, and 4 years of supervision to follow the term of imprisonment. United States District Judge Sherri A. Lydon accepted the guilty pleas and will sentence both men after receiving and reviewing a sentencing report prepared by the U.S. Probation Office.
Cordell previously pleaded guilty to his involvement in the conspiracy and is also awaiting sentencing.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lexington County Sheriff’s Department NET team. Assistant U.S. Attorney William K. Witherspoon is prosecuting the case.
###
L.A. Harbor Area Man Sentenced to 15 Years in Federal Prison for Armed Robbery Spree that Targeted South Bay BusinessesRead the Press Release
LOS ANGELES – A Wilmington man was sentenced today to 180 months in federal prison for committing an armed robbery spree of businesses in the South Bay area of Los Angeles County, during which time he pointed a gun at a pregnant woman working at a gas station.
Stevo Mijanovic, 20, was sentenced by United States District Judge R. Gary Klausner, who also ordered him to pay $2,733 in restitution.
Mijanovic pleaded guilty on March 6 to two counts of Hobbs Act robbery and one count of brandishing a firearm in furtherance of a crime of violence.
From August 2021 to January 2022, Mijanovic robbed six businesses in the Wilmington area of Los Angeles, robbed two other businesses in San Pedro and Torrance, and attempted to rob another business in San Pedro. The victim businesses were restaurants, convenience stores and gas stations and their employees.
“[Mijanovic] committed six armed robberies, one attempted armed robbery, and two robberies in which he brandished what appeared to be a firearm,” prosecutors wrote in a sentencing memorandum. “He terrorized victim employees and bystanders at each location, using fear to obtain money from the victim businesses.”
In December 2021, Mijanovic pointed a firearm at a victim, who was a pregnant gas station employee in Wilmington. The victim “complied out of fear as she told [Mijanovic] she was pregnant and allowed [him] to take approximately $180 from the cash register,” according to Mijanovic’s plea agreement.
Mijanovic admitted to netting between $80 and $1,000 per robbery. He obtained $2,733 during his crime spree.
The FBI and the Los Angeles Police Department investigated this matter.
Assistant United States Attorney Jennifer Chou prosecuted this case.
Knott County Man Sentenced to 150 Months for Armed Methamphetamine TraffickingRead the Press Release
LONDON, Ky. — A Knott County, Ky., man, Michael Nolan Slone, 37, was sentenced on Friday to 150 months in federal prison, by U.S. District Judge Robert Wier, for possession with intent to distribute 50 grams or more of methamphetamine, possession of a firearm in furtherance of drug trafficking, possession of a firearm as a convicted felon, and possessing a firearm with an obliterated serial number.
Slone, who represented himself at trial, was found guilty by the jury following a two-day trial in March. According to the facts introduced at trial, a Kentucky State Police trooper discovered Slone passed out in the driver seat of his vehicle at a gas station in Hindman. The encounter ended with the location of over 100 grams of methamphetamine and two firearms. One firearm was on Slone’s person and the other, an AR-style rifle, was located directly over the methamphetamine, and had the magazines “jungle-stacked” together for quicker reloading capability.
Slone was prohibited from firearm possession due to prior felony convictions for First Degree Burglary and Attempted Murder, which he obtained after shooting two individuals in August of 2010.
Under federal law, Slone must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for five years.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; R. Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; and Col. Phillip Burnett, Jr., jointly announced the sentence. The investigation was conducted by the ATF and the KSP.
This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
-END-
Justice Department Sues Alabama Department of Transportation for Disability Discrimination in HiringRead the Press Release
The Justice Department today filed a lawsuit against the Alabama Department of Transportation (ALDOT) for violating Title I of the Americans with Disabilities Act (ADA). The lawsuit, filed in the U.S. District Court for the Northern District of Alabama, alleges that ALDOT refused to hire an individual because of his physical disability that restricts his ability to lift heavy objects.
According to court documents, the individual worked successfully as a Transportation Maintenance Technician (TMT) at ALDOT for many years. He was injured on the job, resulting in a disability that limits his ability to lift heavy objects. Even with his disability, he continued to work successfully with accommodations at ALDOT for several years. However, the United States alleges, when the individual reapplied to be a TMT after a brief retirement, ALDOT refused to re-hire him because of his disability and instead hired less experienced applicants.
“Qualified people with disabilities must have an equal opportunity to participate in the workforce,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This lawsuit reflects the Justice Department’s ongoing commitment to protect the employment rights of people with disabilities under the ADA.”
Title I of the ADA prohibits employers from discriminating against qualified individuals on the basis of disability. This includes refusing to hire qualified applicants because of their disability, or using selection criteria that screen out qualified applicants that are not job-related or consistent with business necessity.
This case is being handled by the department’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Alabama based on a referral from the Equal Employment Opportunity Commission.
For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov. For more information on the Civil Rights Division, please visit www.justice.gov/crt. Individuals who believe they may have been victims of discrimination may file a complaint at www.civilrights.justice.gov.
ComplaintJury Convicts local man for sex trafficking 15-year-oldRead the Press Release
HOUSTON – A 31-year-old man who resided in Houston has been found guilty for trafficking a minor female for commercial sex using force, fraud or coercion, announced U.S. Attorney Alamdar S. Hamdani.
Jury deliberated for approximately five hours before returning a guilty verdict against Giovanny Xavier Limon aka Ace or Ace One following a three-day trial.
Limon trafficked a 15-year-old minor female for commercial sex during May and June 2022. The girl was forced to engage in commercial sex with strangers on numerous occasions and had to turn over all proceeds to Limon and his associates.
Limon, twice her age, forced her to use meth and photographed her in lingerie he and others had provided. Those photographs, among others, were used to advertise the minor on the internet. The jury saw evidence of how Limon displayed his moniker in the photos used in the commercial sex ads leaving little doubt who was controlling the minor’s actions.
The jury also heard how Limon harbored the minor in several hotels as well as residences his family members controlled.
She testified at trial and described how Limon often carried a knife, supplied her with drugs, tattooed her arm, intimidated her and destroyed her will to live.
“Meth, a gun, and intimidation. Those were the tools Limon used to exploit and traffic a young girl for his own financial benefit– a child who then lost her will for life itself,” said Hamdani. “This conviction ensures he can never do this to another child and sends a message to anyone who wants to use our children for commercial sex – we will find you and bring you to justice.”
The defense attempted to convince the jury that the girl was acting alone and Limon was just a scapegoat so she would not get in trouble at home when she returned. They did not believe those claims and found Limon guilty.
U.S. District Judge David Hittner presided over trial and set sentencing for Oct. 26. At that time, Limon faces up to life in federal prison.
He has been and will remain in custody pending that hearing.
The Human Trafficking Rescue Alliance (HTRA) conducted the investigation.
Assistant U.S. Attorneys Sherri L. Zack and Kimberly Ann Leo prosecuted the case.
HTRA law enforcement includes members of the Houston Police Department, FBI, Homeland Security Investigations, Texas Attorney General’s Office, IRS Criminal Investigation, Department of Labor (DOL), DOL – Wage and Hour Division, Department of State, Texas Alcoholic and Beverage Commission, Texas Department of Public Safety, Department of Homeland Security – Office of Inspector General (OIG), Social Security Administration – OIG and Sheriff’s Offices in Harris and Montgomery counties in coordination with District Attorney’s offices in Harris, Montgomery and Fort Bend Counties.
Established in 2004, the United States Attorney’s office in Houston formed HTRA to combine resources with federal, state and local enforcement agencies and prosecutors, as well as non-governmental service organizations to target human traffickers while providing necessary services to those that the traffickers victimized. Since its inception, HTRA has been recognized as both a national and international model in identifying and assisting victims of human trafficking and prosecuting those engaged in trafficking offenses.
Jonesville Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
BIG STONE GAP, Va. – A Jonesville, Virginia man was sentenced last week to 78 months in prison for conspiring to distribute methamphetamine.
John Joel Foster, 51, who had previously been convicted of illegal possession of a firearm by a convicted felon in 2009, previously pled guilty to one count of conspiracy to distribute and possession with the intent to distribute five grams or more of methamphetamine.
According to court documents, beginning in September 2021, Foster and others conspired to sell crystal methamphetamine in and around Lee County, Virginia.
Foster purchased at least 28 grams of crystal or “ice” methamphetamine from co-conspirator Billy King every few weeks during the course of the conspiracy. King introduced Foster to Garrett Teffeteller, who also routinely supplied methamphetamine to Foster.
King and Teffeteller have pled guilty for their roles in the conspiracy and will be sentenced later this year.
United States Attorney Christopher R. Kavanaugh and Special Agent in Charge Craig B. Kailimai of the Washington Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Virginia State Police, and the Lee County Sheriff’s Office investigated the case.
Assistant U.S. Attorney Lena L. Busscher prosecuted the case.
Justice Department Officials to Participate in National Night Out Events Across the CountryRead the Press Release
****** MEDIA ADVISORY ******
WASHINGTON – Tomorrow, Attorney General Merrick B. Garland, Deputy Attorney General Lisa O. Monaco, Associate Attorney General Vanita Gupta, and Justice Department officials will participate in National Night Out (NNO) events across the country as part of a Department-wide effort to bring attention to events that build stronger communities. The Attorney General will attend events in the Philadelphia-area, the Deputy Attorney General will attend events in Nashville, Tennessee, and the Associate Attorney General will attend events in Washington, D.C.
NNO is an annual community-building campaign that promotes police-community partnerships and neighborhood camaraderie to make our neighborhoods safer, better places to live. In most areas of the country, the program culminates annually on the first Tuesday of August.
Established in 1984 from a Bureau of Justice Assistance (BJA) grant, the goal of NNO is to build relationships with and between communities and law enforcement. NNO enhances the relationship between neighbors and law enforcement while bringing back a true sense of community.
Deputy Attorney General Monaco Events in Nashville
The Deputy Attorney General will attend NNO events in Nashville. She will be joined by U.S. Attorney Henry Leventis for the Middle District of Tennessee and Chief of Police John Drake of the Metropolitan Nashville Department Police Department.
Approx. 3:30 p.m. CT / 4:30 p.m. ET
- Edgehill Apartments Resident Association
- 1277 12th Avenue S, Nashville, TN 37203
Approx. 5 p.m. CT / 6 p.m. ET
- East Park Community Center
- 600 Woodland Street, Nashville, TN 37203
OPEN PRESS
For information on National Night Out events in your community, visit www.natw.org.
For more information on the NNO events, reach out to [email protected] and:
- [email protected] for the Attorney General
- [email protected] for the Deputy Attorney General
- [email protected] for the Associate Attorney General
Greenbrier County Woman Sentenced to Prison for Federal Gun CrimeRead the Press Release
BLUEFIELD, W.Va. – Arica L. Anderson, 37, of Lewisburg, was sentenced today to one year and four months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on January 2, 2022, a law enforcement officer conducted a traffic stop of a vehicle in the Pickaway area of Monroe County in which Anderson was a passenger. The officer saw Anderson try to conceal an Acier Comprime, .25-caliber pistol. Anderson admitted to possessing the firearm.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Anderson was prohibited from possessing a firearm because of her prior felony conviction for conspiracy to commit a felony offense: robbery in the first degree, in Monroe County Circuit Court on September 16, 2013.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the West Virginia State Police.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Andrew D. Isabell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:22-cr-104.
###
Gary Man Sentenced to 130 Months in PrisonRead the Press Release
HAMMOND- Kevin Lee Myers, age 42, of Gary, Indiana, was sentenced by United States District Court Senior Judge James T. Moody after pleading guilty to making counterfeit U.S. currency and being a felon in possession of ammunition, announced United States Attorney Clifford D. Johnson.
Myers was sentenced to 130 months in prison followed by 2 years of supervised release.
According to documents in the case, the investigation revealed that from March to July 2022, Myers manufactured more than $150,000 in counterfeit U.S. currency. A search warrant at Myers’ residence resulted in the recovery of counterfeiting equipment including, computers, printers, paper cutters, and ink cartridges, as well as a briefcase containing more than $138,000 in counterfeit bills. Various firearms and ammunition were also discovered. Myers has prior felony convictions and, as such, cannot possess the firearms and ammunition in this case.
The case was investigated by the United States Secret Service with assistance from the Lake County Sheriff’s Department and the Portage Police Department. This case was prosecuted by Assistant United States Attorney Kevin F. Wolff.
Former Omaha Police Officer Sentenced to 36 Years for Production and Possession of Child PornographyRead the Press Release
Acting United States Attorney Susan Lehr announced that Christopher Groth 39, of Gretna, Nebraska, was sentenced today in Lincoln, Nebraska, by Senior United States District Judge John M. Gerrard for one count of production of child pornography and one count of possession of child pornography. Groth was sentenced to 432 months in prison and will serve 20 years on supervised release. There is no parole in the federal system. Groth was additionally ordered to pay a $3,000 special assessment which will contribute to funds established for victims of these types of crimes.
This case initiated in February of 2022 with an investigation by the Federal Bureau of Investigation into several cyber tips from Yahoo! which indicated that Groth was uploading child pornography onto his email accounts. After a search warrant was received it was determined that several of the images located on the account were likely original productions created by Groth involving a child which depicted sexually explicit conduct. A residential search warrant and arrest warrant were executed immediately following this discovery. Groth, who was determined to be a police officer with the Omaha Police Department, was arrested while at work without incident and was very soon after removed from his position with OPD.
A review of Groth’s devices and accounts conducted by the FBI revealed eight images which were produced by Groth on two occasions in 2020 involving a single child victim. Groth emailed these images to himself in February 2021 as a method of saving the files. A search of Groth’s phone and email account revealed more than 700 child exploitation files depicting other unidentified children which he appeared to receive online and subsequently saved using his email account.
“No one is above the law,” said Acting United States Attorney Susan Lehr. “Mr. Groth’s crime was committed against the most vulnerable of our society, a child. The sentence imposed by Judge Gerrard reflects the seriousness of Groth’s conduct and hopefully acts as deterrent for others. The United States Attorney’s Office thanks the FBI for its quick actions in this case as well as OPD for their cooperation and responsiveness.”
After the sentencing, Special Agent in Charge Eugene Kowel said, “In an appalling and heinous way, Christopher Groth violated his sworn oath as a police officer by victimizing children. Today’s sentence ensures that he is held accountable for his actions. Investigating this type of crime is one of the Bureau’s highest priorities and FBI Omaha will remain relentless in our pursuit to protect children from predators.”
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.
This case was investigated by the Federal Bureau of Investigation.
Florida Man Used Kik Messaging App to Chat with Undercover Albemarle DetectiveRead the Press Release
CHARLOTTESVILLE, Va. – A Florida man, who used the instant messaging application Kik to chat with an undercover Albemarle County detective he thought was a 14-year-old girl, pleaded guilty in federal court to one count of attempted transfer of obscene material to a minor.
William George Price, 65, of Land O’ Lakes, Florida, faces a maximum statutory penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
According to court documents, on February 22, 2021, an undercover detective from the Albemarle County Police Department portrayed himself as a 14-year-old girl named “Ashley” on Kik, an instant messaging application. While on Kik, Price, who called himself “Bill Prince,” told “Ashley” that he was 63-years-old and living in Florida. “Ashley” told Price that she lived in Virginia and was “almost 15.”
The conversation became sexual when Price asked “Ashley” if she liked older men, if she was a virgin, and if she would do a “threesome.” Price then asked if she wanted a picture of him. When “Ashley” responded in the affirmative, Price sent a picture of his penis as well as three videos of himself masturbating.
United States Attorney Christopher R. Kavanaugh, Colonel Sean Reeves, Chief of the Albemarle County Police Department, and Special Agent in Charge Derek W. Gordon of Homeland Security Investigations’ Washington, D.C. Field Office made the announcement.
Any individuals that may have additional information about this case, please contact Detective Mike Wells of the Albemarle County Police, who also serves as a Homeland Security Investigations Task Force Officer.
The Albemarle County Police Department and the Department of Homeland Security Investigations are investigating the case.
Assistant U.S. Attorneys Ronald M. Huber and Jordan E. McKay are prosecuting the case.
Florida Companies Ordered to Pay $7.6 Million in Redress and Penalties in Connection with Marketing of “Smoke Away” Smoking Cessation ProductsRead the Press Release
A federal court today ordered the distributor of “Smoke Away” products to pay $7,146,046 in consumer redress and a $500,000 civil penalty to resolve alleged violations of the Opioid Addiction Recovery Fraud Prevention Act of 2018 and the Federal Trade Commission (FTC) Act in connection with the marketing and sale of Smoke Away products as a quick, effective, and easy way to quit smoking.
According to the complaint, Michael J. Connors and several of his companies, ProTouch Marketing LLC, doing business as Smart Day Supplements, Woodford Hills LLC, Oakhill Research LLC, Evergreen Marketing LLC, Sterling Health LLC, and Clara Vista Media LLC made misleading and unsubstantiated advertising claims on websites and social media platforms about the effectiveness of Smoke Away tablets, pellets, and homeopathic sprays. According to the complaint, the defendants claimed that Smoke Away products eliminate nicotine cravings and withdrawal symptoms and enable consumers to quit smoking quickly, easily, and permanently. The complaint alleged these advertising claims were misleading and unlawful because they were not supported by competent and reliable scientific evidence.
The complaint also alleged that this was not the first time the Federal Trade Commission challenged defendant Connors’ advertising of Smoke Away products. In 2005, the Commission entered into a settlement agreement with Connors and one of his then-existing companies to settle allegations concerning the advertising of Smoke Away products. The complaint alleged that Connors nevertheless continued to violate the FTC Act with unsubstantiated health claims about Smoke Away products.
“The Justice Department will vigorously enforce laws intended to stop deceptive advertisers — and, in particular, recidivists — from preying on consumers battling addiction,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department's Civil Division. “The department is committed to taking action to ensure consumers have the information they need to make decisions about their health and wellness.”
“Congress gave us strong tools to fight fraud targeting people suffering from addiction, and that is exactly what we are doing with this record-setting monetary judgment and industry ban,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “Those struggling with alcohol, tobacco, or drugs deserve help and support, not phony promises, and we will continue to hold accountable those who prey on addiction sufferers.”
In addition to the monetary judgment and civil penalty, the stipulated order entered by the court today prohibits defendants from engaging in the advertising, marketing, promoting, offering for sale, selling, or distribution of any substance use disorder treatment product or service, including any smoking cessation product or service. The order also prohibits defendants from making unsubstantiated claims in the future and clarifies the amount of substantiation needed for future health claims. Lastly, the order imposes two decades of recordkeeping and reporting obligations to ensure defendants’ future compliance with the FTC Act and the Opioid Addiction Recovery Fraud Prevention Act.
This matter is being handled by Trial Attorney Mary M. Englehart of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Lacy R. Harwell for the Middle District of Florida. Rafael Reyneri and Shira Modell represent the FTC.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at www.FTC.gov.
Federal Judge Sentences Belleville Man to 21+ Years in Prison for Producing, Distributing Explicit Images of MinorsRead the Press Release
EAST ST. LOUIS, Ill. – In a U.S. District courtroom Thursday, a federal judge sentenced a Belleville man to 262 months imprisonment after he admitted to producing and distributing sexually explicit images of minors.
Brandon Lepper, 27, pleaded guilty to one count of sexual exploitation of a child and one count of distribution of child pornography. The judge sentenced him to 262 months imprisonment for count one and 240 months for count two to run concurrently. In addition to the prison sentence, Lepper will serve 15 years of supervised release and is ordered to pay $27,500 in restitution.
“The defendant hid his cell phone and set it up to record in a bathroom he knew a minor would be using to undress in for his own sick pleasure, but then also proceeded to violate and humiliate his victim further by sending their images out into the hands of other pedophiles,” said U.S. Attorney Rachelle Aud Crowe. “Thankfully, Lepper’s prison sentence reflects his vicious and unforgivable actions. I commend the FBI for leading the investigation.”
“The actions of the defendant are deserving of this significant sentence as it reflects the serious nature of the crime,” said FBI Springfield Special Agent in Charge David Nanz. “Offenders, like Lepper, believe they are invisible to law enforcement from behind their computer screens, but the FBI will use every legal authority to identify, investigate, and hold accountable those intent on harming children.”
According to court documents, FBI agents interviewed Lepper while investigating him for distributing child sexual abuse material (CSAM) on a social media site in April 2021. While searching his cell phone, agents uncovered CSAM in Lepper’s camera roll, an online folder drive, and in chats sent from his device.
Upon further review, agents discovered Lepper produced and distributed explicit images of an unsuspecting minor he knew personally while the child was undressing. In total, Lepper’s collection of CSAM included nearly 3,000 images.
FBI – Springfield Field Office led the investigation, and Assistant U.S. Attorney Ali Burns prosecuted 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.
Federal Grand Jury Indicts Louisville Woman for CARES Act FraudRead the Press Release
Louisville, KY – A federal grand jury in Louisville, Kentucky returned an indictment on July 11, 2023, charging a local woman with four counts of wire fraud, one count of bank fraud, and two counts of money laundering related to fraud involving the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) financial assistance program.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky and Special Agent in Charge Kelly Moening of the Treasury Inspector General for Tax Administration (TIGTA) Great Lakes Field Division made the announcement.
According to the indictment, between June 18, 2020, and September 22, 2021, Darlene McCoy, 66, filed one fraudulent Economic Injury Disaster Loan (EIDL) application and three fraudulent applications for Paycheck Protection Program (PPP) loans, resulting in the theft of $165,416. McCoy utilized the entities Letz Get It Crackin’, a Kentucky Limited Liability Company, and Darlene McCoy d/b/a Reds Creative Events, an unregistered entity, to file the applications. McCoy falsely exaggerated the number of employees and payroll expenses of Letz Get It Crackin’ and the gross receipts of Reds Creative Events in the fraudulent applications. McCoy further applied for forgiveness for all three of the PPP loans, falsely stating the amount that had been spent on payroll.
The Small Business Administration (SBA) PPP loans were designed to provide a direct incentive for small businesses who were in operation on February 15, 2020, to keep their workers on the payroll. PPP loan proceeds were required to be used by the business on certain permissible expenses. Interest and principal on PPP loans could be entirely forgiven if the business spent the loan proceeds on the allowable expenses within a designated period and used a certain percentage of the PPP loan proceeds on payroll expenses.
McCoy made her initial court appearance on July 13, 2023, before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Kentucky. If convicted, McCoy faces a maximum sentence of 130 years in prison. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors. There is no parole in the federal system.
TIGTA is investigating the case.
Assistant U.S. Attorney Nicole Elver is prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
###
Federal Grand Jury Indicts Louisville Man for CARES Act FraudRead the Press Release
Louisville, KY – A federal grand jury in Louisville, Kentucky returned an indictment on July 11, 2023, charging a local man with four counts of wire fraud and four counts of money laundering related to fraud involving the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) financial assistance program.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky and Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office made the announcement.
According to the indictment, between March 2020, and August 2022 Andrew Prell, 56, filed one fraudulent Economic Injury Disaster Loan (EIDL) application and two fraudulent applications for Paycheck Protection Program (PPP) loans, resulting in the theft of $1,687,033. Prell utilized the entity Convergence of 4 Dimensions, a Kentucky, and Florida Limited Liability Company, to file the applications. Prell falsely exaggerated the number of employees, payroll expenses, and gross revenues of Convergence of 4 Dimensions in the fraudulent applications. In addition, Prell used the funds on unauthorized expenses under the CARES Act, including gambling and other personal expenses.
The Small Business Administration (SBA) PPP loans were designed to provide a direct incentive for small businesses who were in operation on February 15, 2020, to keep their workers on the payroll. PPP loan proceeds were required to be used by the business on certain permissible expenses. Interest and principal on PPP loans could be entirely forgiven if the business spent the loan proceeds on the allowable expenses within a designated period and used a certain percentage of the PPP loan proceeds on payroll expenses.
Prell made his initial court appearance today before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Kentucky. If convicted, Prell faces a maximum sentence of 120 years in prison. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors. There is no parole in the federal system.
FBI is investigating the case.
Assistant U.S. Attorney Bryan Calhoun is prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
###
Dubuque Felon Sentenced for New Firearm Crime and Supervised Release ViolationRead the Press Release
A man who was on federal supervised release for a 2017 firearms crime and was later found with drugs and a gun was sentenced on July 28,2023, to more than 4 years in federal prison.
Kyle Leick, age 33, from Dubuque, Iowa, received the prison term after a January 30, 2023, guilty plea to one count of being a felon in possession of a firearm, and an admission to violating his federal release terms.
At the guilty plea and in the supervised release revocation hearing, Leick admitted that on July 10, 2022, he was on federal supervised release from a 2017 firearms conviction when police responded to his residence and found him in possession of a loaded gun, cocaine and other drugs, along with drug dealing paraphernalia. Leick also admitted numerous other violations of supervised release including missing drug tests, using drugs, committing new crimes while on supervision and absconding from supervision.
Leick was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Leick was sentenced to a total of 52 months’ imprisonment, comprised of 34 months’ imprisonment for his new crime and an additional 18 months’ imprisonment for his violation of the terms of his supervised release. Leick must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Leick is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick Reinert and investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 22-CR-01041 and 17-CR-01051.
Follow us on Twitter @USAO_NDIA.
Detroit Man Sentenced to Prison for Fentanyl CrimeRead the Press Release
HUNTINGTON, W.Va. – Damon Shawn Bailes Jr., also known as “Paper,” 31, of Detroit, Michigan, was sentenced today to seven years in prison, to be followed by four years of supervised release, for possession with intent to distribute 40 grams or more of fentanyl.
According to court documents and statements made in court, on May 3, 2022, law enforcement officers arrested Bailes in the area of 19th Street and Rural Road in Huntington on a warrant for a parole violation. Officers found 76 grams of fentanyl, $365 and a loaded SIG Sauer SP2022 handgun on Bailes’ person. Bailes admitted that he possessed the fentanyl and intended to sell it.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Huntington Violent Crime and Drug Task Force, and the Huntington Police Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Courtney L. Finney prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:22-cr-114.
###
Crow Creek Man Sentenced for Assault with a Dangerous Weapon and Child AbuseRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Crow Creek, South Dakota, man convicted of Assault with a Dangerous Weapon and Child Abuse. The sentencing took place on July 31, 2023.
James Drapeau, 35, was sentenced to two years and four months in federal prison, followed by three years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
Drapeau was indicted of the same charges by a federal grand jury in June of 2022. He pleaded not guilty and a jury trial was held in April of 2023. The jury found Drapeau guilty of both offenses.
Drapeau was convicted of assaulting his 14-year-old step-son, who was living in a home within the Crow Creek Reservation with Drapeau. Drapeau, frustrated over a perceived slight, beat the young victim relentlessly, with a broomstick and electrical cord. The victim was able to escape the back bedroom in which he was confined and run to the front living room. Drapeau caught up to the victim, threw him to the ground and proceeded to kick him about the body with shod feet. The young victim sustained significant bruising on his head, lower back, arms, buttocks, and legs as a result of the assault.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian country be prosecuted in Federal court as opposed to State court.
This case was investigated by the Bureau of Indian Affairs – Office of Justice Services, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Drapeau was immediately remanded to the custody of the U.S. Marshals Service.
Convicted Felon Sentenced to 8 Years in Federal Prison for Firearm OffenseRead the Press Release
PENSACOLA, FLORIDA – Foster Darnell Johnson, Sr., 37, of Pensacola, Florida, was sentenced to eight years in federal prison for possession of a firearm by a convicted felon and for possession with intent to distribute crack cocaine, hydrocodone, and large volumes of marijuana. The sentence was announced by Jason R. Coody, United States Attorney for the Northern District of Florida.
“Removing firearms from the hands of violent felons, here an intoxicated drug trafficker who had twice been convicted of domestic battery, undoubtedly makes our community safer,” said U.S. Attorney Coody. “The deputies of the Escambia County Sheriff’s Office are to be commended for their swift response to this volatile situation. With their dedicated efforts, we remain committed to fighting violent crime and holding criminals accountable for their conduct.”
On August 13, 2022, in the early morning hours, Johnson returned home with his wife from an evening of drinking. A domestic dispute ensued, and Johnson fired a pistol down the hallway of the second story of the residence where three minor children had been sleeping. Johnson then entered one of the minor children’s bedrooms with the pistol, at which point his wife dialed 911, in fear of her and her children’s lives. Escambia County Sheriff’s Office deputies responded to the residence and secured a search warrant. During the search of the residence, law enforcement discovered two shotguns, one of which was an AR-style shotgun, co-located with over eighteen pounds of marijuana, crack cocaine, hydrocodone, digital scales, and Ziploc baggies, in Johnson’s bedroom. Deputies also located the pistol used during the domestic violence incident, the discharged casing, and a significant volume of ammunition. Johnson was a prior convicted felon, had two previous convictions of battery domestic violence, and was prohibited from possessing firearms.
Johnson’s imprisonment will be followed by 3-years of supervised release during which he will be required to participate in anger management and domestic violence counseling.
This conviction was the result of an investigation conducted by the Escambia County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Jennifer Callahan prosecuted the case.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Clay County Man Pleads Guilty in Nationwide Mortgage Fraud SchemeRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Brian Roy Lozito (53, Orange Park) has pleaded guilty to conspiracy to commit wire fraud. Lozito faces a maximum penalty of 20 years in federal prison and payment of restitution to the victims he defrauded. Lozito was arraigned on the indictment on January 11, 2021, and initially released on bond. The court revoked his bond on November 18, 2022, and subsequently ordered him detained. A sentencing date has not yet been set.
According to court documents, Lozito owned and managed American Investigative Services (AIS). AIS purported to offer consumers mortgage auditing services in exchange for a fee. Lozito and his conspirators solicited customers nationwide through mailings and telephone calls. In these solicitations, Lozito and AIS employees, under the direction of Lozito, made false and fraudulent representations to consumers, including that AIS would perform “forensic audits” of mortgage documents to uncover evidence of deficiencies in the mortgage documents. Lozito claimed AIS would obtain quitclaim deeds and other remedies, so the mortgage holders would be relieved of their mortgage debt and own their properties free and clear. If AIS could not help the consumer, Lozito promised to refund their money. In reality, AIS did not perform the services paid for by consumers and did not refund money to consumers. Funds collected from consumers went to bank accounts controlled by Lozito. Lozito used the funds to keep AIS operating and for personal expenses.
This case was investigated by United States Secret Service - Jacksonville Field Office and the State of Florida Office of Attorney General – Consumer Protection Division, with valuable assistance from the Clay County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney the Kevin C. Frein. The asset forfeiture is being handled by Assistant United States Attorney Mai Tran.
Christian & Missionary Alliance Foundation, Inc. Agrees to Pay $250,000 to Resolve Alleged Violations of the Controlled Substances ActRead the Press Release
Fort Myers, Florida - United States Attorney Roger Handberg announces today that the Christian & Missionary Alliance Foundation, Inc. has agreed to pay the United States $250,000 to resolve allegations that the Christian & Missionary Alliance Foundation, Inc. violated the Controlled Substances Act (CSA) by failing to maintain records required by the CSA.
The United States alleges that on July 14, 2021, the Drug Enforcement Administration (DEA) initiated an inspection of the Christian & Missionary Alliance Foundation, Inc.’s facility, located at 15051 Shell Point Boulevard, and determined that Christian & Missionary Alliance Foundation, Inc. committed 176 violations of the CSA, including failing to take a new inventory of all controlled substances on hand at least once every two years, failing to maintain records of the number of units acquired from other persons, and failing to notify the DEA of a theft or loss within one business day of the discovery.
Missionary Alliance Foundation, Inc. relinquished its DEA registration on February 4, 2022.
“Scrupulous recordkeeping is essential to maintaining the CSA’s closed system of distribution and preventing dangerous drugs from falling into the wrong hands,” said U.S. Attorney Roger Handberg. “We expect all DEA registrants, no matter their size, to be especially meticulous in their recordkeeping because the CSA and the welfare of the public demand it.”
“DEA Registrants are obligated to comply with the regulations set forth in the Controlled Substances Act, ensuring accurate inventorying, tracking and recordkeeping, as the failure to do so can lead to the diversion of controlled substances, which jeopardizes the safety and health of our communities,” said DEA Miami Field Division Special Agent in Charge Deanne L. Reuter. “DEA remains committed to working with our law enforcement and regulatory partners to hold registrants accountable and ensure these regulations are followed.”
This settlement results from a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida and the Drug Enforcement Administration’s Miami Field Division. Assistant United States Attorney Chad Spraker pursued this civil settlement on behalf of the United States.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Charlotte Man Pleads Guilty to Wire Fraud for $5.3 Million Investment Fraud SchemeRead the Press Release
CHARLOTTE, N.C. – Wynn A.D. Charlebois, 53, of Charlotte, pleaded guilty to wire fraud today, for leading a multi-million dollar investment fraud scheme, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation in North Carolina, and Tommy D. Coke, Inspector in Charge of the Atlanta Division of the U.S. Postal Inspection Service (USPIS), which oversees Charlotte, join U.S. Attorney King in making today’s announcement.
According to court documents and the plea agreement, from 2015 through October 2022, Charlebois used companies he owned and controlled, including WC Private, Wilcox Hybrid, Damon Investments, and others, to perpetrate a multi-million dollar investment scheme that caused at least 39 victim investors and entities to lose more than $5.3 million. In furtherance of the scheme, Charlebois recruited victim investors including friends, family members, and social acquaintances, by falsely promising their money would be invested in risk-free investments, subscription agreements, and loans. Court documents show that Charlebois fraudulently asserted in the investment agreements presented to victim investors that he and his entities held stock options for particular companies, and that the investors could purchase the options and gain specified profits. Contrary to the defendant’s claims, instead of using the investors’ money as promised, Charlebois used the funds to make Ponzi-style payments to other investors, and on personal expenses including to pay private school tuition, make mortgage payments, and pay for luxury travel and meals at restaurants.
Charlebois was released on bond following his plea hearing. The wire fraud charge carries a maximum penalty of 20 years in prison and a $500,000 fine. A sentencing date has not been set.
The FBI and USPIS investigated the case.
Assistant U.S. Attorney Jenny G. Sugar of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
Box Elder and Rapid City Men Sentenced for Drug TraffickingRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced two brothers from Box Elder and Rapid City, South Dakota, both convicted of Conspiracy to Distribute Methamphetamine. The sentencing hearings took place on July 28, 2023.
Elias Condon from Box Elder, 24, was sentenced to 15 years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Jordan Condon from Rapid City, 22, was sentenced to 10 years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Elias and Jordan Condon were indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in July of 2021. They were found guilty at the conclusion of a jury trial on May 24, 2023.
During the conspiracy, Elias and Jordan Condon regularly traveled to Denver, Colorado, to obtain methamphetamine and marijuana. Between October of 2020 and May of 2021, they traveled approximately 18 times, though not always together. When they returned to South Dakota, the methamphetamine and marijuana was provided to others for use and further distribution. Overall, they were responsible for approximately 10 pounds of methamphetamine entering South Dakota. During the course of the conspiracy, both men possessed firearms.
This case was investigated by the Unified Narcotics Enforcement Team, which is a local drug task force comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Elias and Jordan Condon were immediately remanded to the custody of the U.S. Marshals Service.
Belle Fourche and Bridger Pipeline Companies to Pay $12.5 Million in Penalties and Improve Compliance after Pipeline Spills in Montana and North DakotaRead the Press Release
Belle Fourche Pipeline Company and Bridger Pipeline LLC – affiliated companies that own and operate a network of crude oil pipelines – have together agreed to pay a $12.5 million civil penalty to resolve claims under the Clean Water Act, pipeline safety laws and North Dakota state laws relating to oil spills in Montana and North Dakota.
“Today’s settlement is the result of federal and state partners working together to comprehensively address oil spills and assess a significant penalty to deter future violations,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The agreement also protects public health, safety, and the environment by requiring action to make future spills less likely.”
“Oil pipeline spills can cause enormous and long-lasting damage to the environment,” said Principal Deputy Assistant Administrator Larry Starfield of the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “This settlement holds Belle Fourche and Bridger Pipeline accountable for their significant oil spills and requires them to take meaningful measures to prevent future spills from their oil pipelines.”
“All pipeline spills harm our environment and many threaten the safety and well-being of the American public,” said Deputy Administrator Tristan Brown of the Pipeline and Hazardous Materials Safety Administration (PHMSA). “PHMSA and our state and federal partners are sending a strong message that spills will not be tolerated.”
“As the longest free-flowing river in the Lower 48, the Yellowstone River not only is a national treasure for its historic significance, ecosystems and recreational opportunities, but it also is an important economic resource for communities along its banks and the state of Montana,” said U.S. Attorney Jesse Laslovich for the District of Montana. “It is essential for pipeline companies operating in and around our rivers to comply with environmental protection and public safety regulations. This agreement holds these companies accountable for their significant oil spills, and more importantly, will help protect the iconic Yellowstone River from future damage.”
“Through this settlement, we are furthering North Dakota’s twin objectives of safe energy development and protection of our environment,” said Attorney General Drew H. Wrigley for the State of North Dakota. “I want to especially thank the North Dakota Department of Environmental Quality staff who spent countless hours investigating and responding to the spill.”
In 2015, Bridger’s Poplar Pipeline ruptured where it crosses under the Yellowstone River near Glendive, Montana. The pipeline crossing had been installed using the “trench-cut” method. The pipeline failed after being exposed due to river scour. Bridger has completed its cleanup of the Montana spill site, and Bridger and the State of Montana separately resolved claims under Montana state law.
Belle Fourche’s Bicentennial Pipeline ruptured in 2016 in Billings County, North Dakota. The pipeline traversed a steep hillside above an unnamed tributary to Ash Coulee Creek – which feeds into the Little Missouri River – when the slope failed. The size of the North Dakota spill was exacerbated by Belle Fourche’s failure to detect the spill until it was reported by a local landowner. Belle Fourche’s cleanup of the North Dakota spill site is ongoing with oversight by the North Dakota Department of Environmental Quality. The State of North Dakota is a co-plaintiff in this case, and it has worked closely with the United States; both are signatories to the consent decree.
In addition to the $12.5 million civil penalty, the companies are required to implement specified compliance measures including meeting certain control room operation requirements and related employee training, implementing their water crossings and geotechnical evaluation programs and updating their integrity management program. Belle Fourche will also pay the state of North Dakota’s past response costs.
The case is being handled by the Environment and Natural Resources Division’s Environmental Enforcement Section, in conjunction with the U.S. Attorney’s Office for the District of Montana, EPA, PHMSA and the State of North Dakota.
The consent decree, lodged in the U.S. District Court for the District of North Dakota, is subject to a 30-day public comment period and final court approval. Under section 7003(d) of the Resource Conservation and Recovery Act, a commenter may request an opportunity for a public meeting in the affected area. The consent decree will be available for viewing here: www.justice.gov/enrd/consent-decrees.
Ada Resident Sentenced for Aggravated Sexual AbuseRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jeffory Dan Hughes, age 55, of Ada, Oklahoma, was sentenced to 30 years in prison, followed by a lifetime term of supervised release, for sexually abusing a child under the age of twelve in Indian Country.
The charges arose from investigations by the Federal Bureau of Investigation and the Chickasaw Nation Lighthorse Police Department.
On September 1, 2022, Hughes pleaded guilty to one count of Aggravated Sexual Abuse in Indian Country. At the plea hearing, Hughes admitted that from 2006 to 2013, he engaged in sexual acts with a minor. The victim was under the age of twelve when the sexual abuse began. Hughes also admitted showing the child a pornographic video. The crimes occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, Chief U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing. Hughes will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Caila M. Cleary represented the United States.
28 July 2023
Youngstown Man Sentenced to 10 years for Robbing Two BanksRead the Press Release
YOUNGSTOWN – James P. Verdream, 57, of Youngstown, Ohio, was sentenced yesterday to 10 years in prison by U.S. District Judge Benita Y. Pearson, after he pleaded guilty to robbing two Youngstown area banks. Verdream was ordered to serve 3 years of supervised release following imprisonment, pay a $200 special assessment, and pay $1,734 in restitution. Verdream was also ordered to pay restitution of $3,991 for an uncharged robbery that occurred in Pennsylvania.
According to court documents and court records, on May 2, 2022, Verdream entered a PNC Bank, on Mahoning Avenue, in Youngstown, Ohio. He handed the teller a note, which said “this is a robbery, do not pull the alarm/buzzer” and indicated that he had a gun. The teller gave him $734.00, and Verdream left. On May 9, 2022, Verdream entered Chase Bank, on W. Liberty Street, in Girard Ohio. He handed the teller a note that said “I have a gun and a bomb, $10,000.” The teller indicated that he could only disperse $1,000 and Verdream accepted that amount of money and left. Verdream was later identified by law enforcement via surveillance footage from the banks. Verdream had two prior federal convictions for bank robbery in New Mexico.
The investigation was conducted by the Federal Bureau of Investigation (FBI), Youngstown, the United States Marshal Service, Austintown Police Department, the Boardman Police Department, and the Girard Police Department. This case was prosecuted by Assistant U.S. Attorneys Jason M. Katz and Yasmine Makridis.
Wyoming Man Sentenced for Drug TraffickingRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Gillette, Wyoming, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on July 21, 2023.
Amos Torres, 48, was sentenced to 14 years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Torres was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in September of 2022. He pleaded guilty on May 26, 2023.
During the conspiracy, which began no later than March of 2021, Torres conspired with multiple other persons in western South Dakota and surrounding states to obtain large volumes of methamphetamine. Torres then distributed the methamphetamine to others for use and further distribution. Overall, Torres was responsible for obtaining between 1.5 and 5 kilograms. During the conspiracy, Torres also possessed firearms.
This case was investigated by the Unified Narcotics Enforcement Team (UNET) and the Bureau of Alcohol, Tobacco, Firearms and Explosives. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Torres was immediately remanded to the custody of the U.S. Marshals Service.
Warren County Man Sentenced to 151 Months in Prison for Receiving, Transporting and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Wesley Guard, age 34, of Queensbury, New York, was sentenced today to 151 months in federal prison for receiving, transporting, and possessing child pornography using the online social networking application Kik. The announcement was made by United States Attorney Carla B. Freedman, Matthew Scarpino, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office, and New York State Police (NYSP) Acting Superintendent Steven A. Nigrelli.
Guard was previously convicted after a four-day jury trial in February of 2023. The evidence at trial established that, between September 2020 and April 2021, Guard, a registered sex offender, used the Kik Messenger application to receive child pornography from others Kik users. Guard then transported that child pornography over the internet into other Kik accounts under his control as a means of collecting the material. The child pornography Guard received from other Kik users and transported between his various Kik accounts included numerous videos depicting the sexual exploitation of young children. The evidence at trial also established that, at the time of his arrest by law enforcement on April 29, 2021, Guard still possessed the child pornography he had received on Kik.
United States District Judge Mae A. D’Agostino also sentenced Guard to 15 years of supervised release that will begin after Guard serves his term of imprisonment. Guard is a prior registered sex offender, and as a result of his conviction, Guard will again be required to register as a sex offender upon his release from prison.
This case was investigated by HSI, the NYSP Internet Crimes Against Children Task Force, and the NYSP Troop G Computer Crime Unit. Assistant U.S. Attorneys Katherine Kopita, Carling Dunham, and Adrian LaRochelle prosecuted the case as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
United States Obtains Consent Decree Against Manhattan Wholesale Food Distributor for Storing over 40,000 Pounds of Meat and Poultry in Rodent-Infested WarehouseRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Paul Kiecker, the Administrator of the Food Safety and Inspection Service of the U.S. Department of Agriculture (“USDA-FSIS”), announced that the United States has sued wholesale meat and poultry distributer YA FENG TRADING, INC., its owner and president LINMIN YANG, and its warehouse manager KONG PING NI (collectively, the “Defendants”) for storing more than 40,000 pounds of meat and poultry products in a rodent-infested warehouse and for other conduct violating the Federal Meat Inspection Act (“FMIA”) and the Poultry Products Inspection Act (“PPIA”). The U.S. has simultaneously entered into a Consent Decree with the Defendants, approved by the District Court, which bars YA FENG and YANG from further work under the FMIA and PPIA for a period of three years, requires all the Defendants to comply with the FMIA and the PPIA in any covered work, and imposes significant civil penalties for any future violations. YA FENG ceased operating in December 2022 because of the risk of enforcement action relating to violations at issue in this case.
U.S. Attorney Damian Williams said: “Federal law requires food distributers and retailers to ensure that their products are stored in sanitary, uncontaminated conditions. As this lawsuit illustrates, this Office has no tolerance for actors who ignore their legal obligations at the expense of public health.”
USDA-FSIS Administrator Paul Kiecker said: “Our inspection personnel and investigators are on the job daily, verifying that establishments are complying with food safety regulations. FSIS remains committed to public health and we will take swift action to protect American consumers.”
The FMIA and the PPIA protect public health by ensuring the nation’s commercial supply of meat and poultry is sanitary, safe, wholesome, and accurately labeled and packaged. These requirements allow consumers to have confidence in the safety of their meat and poultry products and permit public health officials to trace problems to their source.
According to the Complaint filed in Manhattan federal court:
The Defendants violated the FMIA and the PPIA by storing their meat and poultry products in a warehouse that was overrun with rodents. In April 2022, USDA-FSIS investigators visited the YA FENG warehouse and observed multiple rodents scurrying into a walk-in cooler. One rodent ran out of the cooler and up the leg of a USDA-FSIS investigator. Chew marks were observed on meat and poultry products, and droppings were observed throughout the warehouse, including on the lids of products. Rodent nesting materials and a dead mouse were found in a walk-in freezer.
The Defendants also violated the FMIA and the PPIA repeatedly between December 2018 and April 2022 by offering for sale hundreds of pounds of misbranded meat and poultry products and by failing to maintain required records.
In the Consent Decree, the Defendants admit and accept responsibility for, among other things, the following:
- On several occasions between December 2018 and April 2022, Defendants sold, transported, and/or offered for sale and/or transportation misbranded meat, meat food products, poultry, and/or poultry products, and/or failed to maintain records regarding their business transactions. Specifically:
- On or about December 13, 2018, YA FENG sold 20 pounds of misbranded chicken gizzards.
- On or about January 28, 2020, YA FENG offered for sale and transportation 80 pounds of misbranded pork spare rib product and failed to maintain records that fully and correctly disclosed all business transactions involving meat in its business.
- On or about November 9, 2020, and on other dates, YA FENG offered for sale and transportation five pounds of misbranded chicken gizzards and 117 pounds of misbranded meat products (pork spareribs, pork fat, pork feet).
- On or about November 30, 2021, YA FENG offered for sale and transportation approximately 600 pounds of misbranded whole chickens, bone-in chicken thighs, chicken drumsticks, and chicken leg quarters.
- On or about April 14, 2022, USDA-FSIS investigators visited the YA FENG warehouse facility and observed 43,771.75 pounds of meat and poultry products being held in insanitary, rodent-infested conditions. Fresh and old rodent droppings were observed throughout the building, including in a walk-in freezer and walk-in cooler that held meat and poultry products. Droppings were observed on the lids of meat and poultry product boxes and beneath pallets holding the products. Some products had gnawing and chewing marks from rodents. Rodent nesting materials and a dead mouse were found in the walk-in freezer.
- Also, on or about April 14, 2022, YA FENG offered approximately 280 pounds of misbranded poultry products for sale.
In the Consent Decree, the Defendants expressly admit and accept responsibility for having “repeatedly violated the FMIA and PPIA.”
The Consent Decree bars YA FENG and YANG from engaging in activity subject to the FMIA or PPIA for three years. All Defendants must complete mandatory training and education in the FMIA and the PPIA before returning to this line of work while the Consent Decree remains in effect. They are also prohibited from storing meat and poultry products in unsanitary conditions, selling or transporting any uninspected meat and poultry products that are required to be inspected and passed by the USDA, selling any mislabeled meat and poultry products, failing to keep records regarding meat and poultry product business transactions, and engaging in any other conduct that would violate the FMIA or the PPIA. The Defendants are subject to additional sanctions, including civil monetary penalties and other relief, if they violate the provisions of the Consent Decree.
* * *
Mr. Williams thanked the USDA-FSIS for its efforts on this matter.
This case is being handled by the Environmental Protection Unit of the Office’s Civil Division. Assistant U.S. Attorney Mark Osmond is in charge of the case.
U.S. v. Ya Feng et al Complaint U.S. v. Ya Feng et al Consent Decree- On several occasions between December 2018 and April 2022, Defendants sold, transported, and/or offered for sale and/or transportation misbranded meat, meat food products, poultry, and/or poultry products, and/or failed to maintain records regarding their business transactions. Specifically:
United States Attorney’s Office to Participate in Community Events During National Night OutRead the Press Release
CHARLOTTESVILLE, Va. - The U.S. Attorney’s Office for the Western District of Virginia will join community organizers, neighbors, and law enforcement partners to participate in National Night Out events on August 1, 2023. During this year’s National Night Out, United States Attorney Chris Kavanaugh, along with Assistant U.S. Attorneys and staff from the Abingdon, Charlottesville, and Roanoke branches of the United States Attorney’s Office, will attend community events in areas throughout the Western District, including Charlottesville, Harrisonburg, Lynchburg, and Roanoke.
“National Night Out brings communities together, shining a light on the strength of unity while fostering safety, trust, and harmony among citizens, state and local law enforcement, and government agencies,” United States Attorney Kavanaugh said today. “Each and every year, I look forward to spending quality time interacting with the colleagues and neighbors as we all forge an alliance in support of a safer Virginia.”
Established in 1984 with funding from the Bureau of Justice Assistance of the U.S. Department of Justice and administered by the National Association of Town Watch, a nationwide non-profit organization, National Night Out is an annual community-building campaign that promotes partnerships and camaraderie between law enforcement and the communities they serve to make our neighborhoods safer places to live. Millions of people take part in National Night Out across thousands of communities throughout the country on the first Tuesday of August, thus sending a message that neighbors are united and working together to keep their communities and each other safe.
Coordinated by local law enforcement and trained volunteers, National Night Out provides a great opportunity to bring police and neighbors together under positive circumstances. Neighborhoods host block parties, cookouts, festivals, parades, safety demonstrations, seminars, youth events, visits from emergency personnel, and much more.
For more information, visit https://natw.org/.
United States Attorney Vanessa R. Waldref Hosts Federal & Tribal Regional Summit Focused on Tribal Treaty Rights, Environmental Justice, and Civil RightsRead the Press Release
From July 25-26, 2023, U.S. Attorney Vanessa Waldref–alongside co-hosts from the Justice Department’s Environment and Natural Resources Division (ENRD), the Office of Environmental Justice, and the Office of Tribal Justice – hosted Tribes from across the Northwest Region of the United States at a joint federal and Tribal Summit in Spokane, Washington.
The Summit built on a November 2022 Tribal Listening Session in Washington, DC and a national Federal/Tribal Summit in Columbia, South Carolina in early 2023. The purpose of the submit was to focus on commitment to work with Tribal governments and other federal agencies to find “ways to address and incorporate Tribal concerns into the Department’s enforcement work.” This week’s meeting was the first of three Regional Summits planned for this calendar year.
At the meeting, U.S. Attorney Waldref welcomed representatives of Tribal Nations from Idaho, Washington, and Montana. At the outset of the Summit, U.S. Attorney Waldref acknowledged that the gathering was taking place on the ancestral lands of the Spokane Tribe. The meeting was held in the Spokane Public Library overlooking the Spokane Falls and artwork by Virgil “Smoker” Marchand, a member of the Lakes Band of the Colville Confederated Tribe, who passed away earlier this year. Monica Tonasket, a member of the Spokane Tribal Council gave a land acknowledgement and blessing to the group to kick off the Summit. Numerous Tribal leaders, including from each of the Tribes in the Eastern District of Washington, attended and actively participated in the Summit.
In remarks made during the summit, Assistant Attorney General Todd Kim for ENRD challenged the group to identify new ways to work together to address the substantial challenges that Tribes face in establishing and preserving sustainable homelands. AAG Kim noted the unique government-to-government relationship that the United States has with Tribes, and the Justice Department’s role in upholding and asserting federal reserved water rights claims and other tribal and treaty rights. He then linked Summit goals to three key Administration priorities: respecting Tribal sovereignty and self-governance, furthering environmental justice and combating the climate crisis.
In her remarks, U.S. Attorney Waldref noted the criminal prosecutions that her office has pursued in Indian Country and announced that the Justice Department has selected the Eastern District of Washington to house a federal prosecutor focused on addressing the crisis of Missing and Murdered Indigenous People for the Western Region of the United States. She also conveyed her commitment to environmental justice, reflected in her position as Chair of the Environmental Justice & Environmental Issues Subcommittee that advises Attorney General Merrick Garland. U.S. Attorney Waldref also emphasized that environmental protection is a critical component of public health and safety.
The Summit then included a number of short presentations followed by in-depth discussions around three issues: tribal water rights, challenges Tribes are facing with a rapidly changing climate, and treaty rights related to hunting and gathering of natural resources.
On July 26, 2023, the second day of the summit, Regional Administrator Casey Sixkiller for the Environmental Protection Agency’s Region 10 addressed the group. The Federal Bureau of Investigation then presented on the FBI’s work in Indian County, including emerging trends related to pollution crime, theft of natural resources, and illicit activity tied to extractive industries. Additional presentations provided information on federal grant opportunities, the National Ocean Justice Strategy and grant and investigatory resources at the U.S. Department of Housing and Urban Development.
“It was an honor for the Eastern District of Washington to host the Justice Department’s first regional summit focused on defending and strengthening Tribal homelands, climate adaptation, resilience and environmental justice,” said U.S. Attorney Waldref after the event. “It was humbling to gather together with several Tribal nations at the base of Spokane Falls, where Tribes from across the Columbia Plateau have historically gathered to fish for the Chinook Salmon that once spawned beneath these sacred waterfalls. The Justice Department and our District are fully committed to enforcing laws to achieve environmental justice, working together to combat the climate crisis, and protecting civil rights, all while continuing to recognize and respect Tribal sovereignty.”
U.S. Attorney Waldref leads the Environmental Justice & Environmental Issues Subcommittee for the Attorney General’s Advisory Committee (AGAC). As the leader of the Environmental Justice Subcommittee, U.S. Attorney Waldref plays a key role in advising the AGAC on environmental matters of importance to the Department of Justice and U.S. Attorney’s Offices across the country. U.S. Attorney Waldref has been serving in this role since September 2022.
U.S. Attorney’s Office Highlights Prosecutions This Week Removing from Our Communities Criminals Who Are Using GunsRead the Press Release
Baltimore and Greenbelt, Maryland – Seven defendants pleaded guilty or were sentenced this week in cases involving the illegal possession of firearms or ammunition. The charges included illegal possession of firearms or ammunition, possession of a firearm in a school zone, and drug distribution cases where firearms were seized.
Prosecutors are using all available resources and any legal means necessary to investigate and prosecute repeat violent offenders—specifically for any wrongdoing that meets office priorities, especially pandemic-related fraud, and utilizing a federal school zone statute that makes it a crime to possess a gun within 1000 feet of a school. As a result, homicides in Baltimore are down approximately 23% and nonfatal shootings are down approximately 6.5%; homicides and non-fatal shootings are also down in Prince George’s County.
The sentences and guilty pleas were announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Acting Commissioner Richard Worley of the Baltimore Police Department; Chief Robert McCullough of the Baltimore County Police Department; and Chief Malik Aziz of the Prince George’s County Police Department.
“Removing from our communities those violent individuals who use guns is one of the top priorities of my office,” said United States Attorney Erek L. Barron. “Working collaboratively with federal, state and local partners to implement innovative programs to reduce violent crime and using all the tools we have available, we are making progress in our fight to reduce homicides and non-fatal shootings across the state.”
“All throughout Maryland, there are criminals who are determined to carry and possess firearms, regardless of where they are or the threat it poses to the people around them,” said ATF Baltimore Special Agent in Charge Toni M. Crosby. “Some are sitting by elementary schools or standing on the corner dealing drugs with a gun right by their side. Others are convicted felons driving around with guns or keeping guns and drugs in their homes. That same level of determination they feel to do the wrong thing is matched only by the level of determination ATF and our law enforcement partners have every day to investigate and incarcerate them. The law-abiding citizens of Maryland deserve to feel safe in their communities and it is our mission to ensure we take offenders off the street who keep that from happening.”
At a press conference on August 24, 2022, U.S. Attorney Barron announced several new programs, including a new Violent and Organized Crime Section, expanded collaboration between federal, state, and local law enforcement, state funds supported the hiring of additional Special Assistant U.S. Attorneys, whose sole focus has been on violent crime, along with investigators, and other legal support personnel.
In addition, the U.S. Attorney’s Office is continuing to sponsor and participate in reentry events for returning citizens, as well as call-ins for those at risk of re-offending, in order to connect them with services and assistance to assure their best chance for success. We are also engaging community members and youth through monthly community walks, school outreach, and gang and internet safety training.
Illegal Possession of a Firearm or Ammunition
Three defendants were sentenced for illegal possession of a firearm or ammunition and a fourth defendant pleaded guilty to that charge after law enforcement recovered loaded firearms from the defendants, including two privately made firearms, commonly known as “ghost guns,” and an AR-15 pistol.
U.S. District Judge Richard D. Bennett sentenced Marcus Pitts, age 27, of Baltimore to 46 months in federal prison, followed by three years of supervised release, for being a felon in possession of ammunition. Pitts was arrested after law enforcement saw him engage in suspected hand-to-hand drug transactions. Law enforcement recovered a 9mm ghost gun, loaded with seven rounds of ammunition and two orange prescription bottles, one containing 27 amphetamine pills and the other containing 13 alprazolam pills, as well as $426 in cash.
U.S. District Judge Paula Xinis sentenced Darius Linwood Ashby, age 36 of Capitol Heights, Maryland, to two years of home detention with electronic monitoring, followed by three years of supervised release for being a felon in possession of a firearm. Ashby was also ordered to perform 50 hours of community service. Ashby was arrested after officers performed a traffic stop and recovered a .45-caliber pistol on the driver’s seat where Ashby had been seated before being removed from the vehicle. The gun was loaded with eight rounds of .45-caliber ammunition, including one round in the chamber. Officers recovered a .45-caliber magazine and additional ammunition from Ashby’s pants pockets. The firearm was found to have been stolen on July 4, 2020 from North Carolina.
U.S. District Judge Deborah K. Chasanow sentenced Darrien Ledante Taylor, age 39, of Capitol Heights, to four years in federal prison, followed by three years of supervised release, for being a felon in possession of a firearm and ammunition and for possession with intent to distribute controlled substances. Taylor was arrested after a search warrant executed at his home recovered a 9mm handgun loaded with 13 rounds of 9mm ammunition and approximately 24 rounds of ammunition loaded in an extended magazine; an AR-15 pistol with no serial number and with an extended magazine loaded with 39 rounds of 5.56xc45mm caliber ammunition; approximately 78 rounds of ammunition of various calibers; and two baggies with 50 pills inside, which laboratory analysis concluded contained fentanyl. Officers also recovered 13 plastic vials containing approximately 1.6 fluid ounces of phencyclidine, commonly known as PCP, from the driver-side door pocket of Taylor’s vehicle. Taylor admitted that he possessed the fentanyl and PCP with the intent to distribute the drugs and that he possessed the firearm in furtherance of his drug trafficking.
Brandon Ford, age 33, of Baltimore, was pulled over by Baltimore County Police officers after he drove by them without headlights at 2:00 a.m. on April 3, 2021. After failing several field sobriety tests, Ford was arrested and his vehicle was searched. Officers recovered a .357 caliber ghost gun, loaded with 14 rounds of .357 caliber ammunition from the vehicle console. U.S. District Judge Deborah K. Chasanow has scheduled sentencing for Ford on January 4, 2024, at 11:00 a.m.
All four defendants admitted that they knew they had been convicted of a felony and were prohibited from possessing firearms or ammunition. Pitts was prosecuted by Assistant U.S. Attorney Jacob Gordin; Ashby was prosecuted by Assistant U.S. Attorney Leah B. Grossi; Taylor was prosecuted by Assistant U.S. Attorney Patrick D. Kibbe and Ford is being prosecuted by Assistant U.S. Attorney Patricia C. McLane
Possession of a Firearm in a School Zone
U.S. District Judge Richard D. Bennett sentenced Gerald Dean, age 31, of Baltimore, to 30 months in federal prison, followed by six months of home detention as part of three years of supervised release, for possession of a firearm in a school zone. As detailed in his plea agreement, law enforcement was called to Mosher and Ashburton Streets, where they found Dean sleeping in his car with the lights on and the motor running, within 1,000 feet of the Katherine Johnson Global Academy (formerly Calverton Elementary/Middle School). Dean eventually woke up and was secured by the officers. A subsequent search recovered a .380 caliber pistol loaded with eight rounds of ammunition from Dean’s vehicle and recovered eight small green containers of crack cocaine, four small black containers of heroin, 16 methamphetamine pills and a sublingual strip from Dean’s person. Dean admitted that he knew or had reasonable cause to believe that he was in a school zone at the time he possessed the firearm. This case is being prosecuted by Assistant U.S. Attorney Jonathan S. Tsuei.
Possession with Intent to Distribute Controlled Substances
One defendant was sentenced for possession with intent to distribute controlled substances and a second defendant pleaded guilty to that charge.
Kevin Corbett, age 32, of Baltimore, pleaded guilty to possession with intent to distribute heroin, fentanyl and cocaine. An officer observing a surveillance camera in the 600 block of Poplar Grove Street in Baltimore for suspected drug activity saw Corbett engage in several suspected hand-to-hand drug transactions. The full outline of a firearm was clearly visible in Corbett’s right jacket pocket. Officers arrived at that location, arrested Corbett and recovered a .9mm handgun loaded with eight rounds of ammunition, including one in the chamber, from Corbett’s jacket pocket. Officers also recovered from Corbett 144 gel capsules containing a mixture of heroin and Para-fluorobutyryl fentanyl and 43 flip-top jugs of cocaine. Corbett admitted to possessing the firearm, which he must forfeit as part of his plea agreement. U.S. District Judge Lydia K. Griggsby set Corbett’s sentencing for October 17, 2023, at 2:00 p.m. Corbett is being prosecuted by Special Assistant U.S. Attorney Keelan F. Diana and Assistant U.S. Attorney Clinton J. Fuchs.
Chief U.S. District Judge James K. Bredar sentenced Alonta Johnson, age 30 or Baltimore, to 138 months in prison, followed by three years of supervised release, for possession with intent to distribute controlled substances, specifically cocaine and buprenorphine. Officers attempted to conduct a traffic stop on a vehicle, but the driver, later identified as Johnson, fled, repeatedly opening the driver’s side door while the car was in motion. Johnson crashed into a parked vehicle and ran away, pursued by officers. As detailed in his plea agreement, Johnson dropped a handgun while running from the scene and was arrested a short time later. Officers recovered three clear baggies of a white rock-like substance on the ground next to Johnson, which were determined to be cocaine. Law enforcement also recovered seven pink containers of a white rock-like substance, 32 suboxone strips, and a digital scale, among other items. The firearm Johnson dropped was recovered and was determined to be a .22 caliber semi-automatic pistol loaded with eight rounds of .22 caliber ammunition. Johnson knew that he was prohibited from possessing a firearm or ammunition due to previous felony convictions. As part of his plea agreement, Johnson is required to forfeit the firearm and ammunition. In addition, Chief Judge Bredar ordered that Johnson serve his federal sentence concurrent to the 30 year state sentence he is currently serving. Johnson was prosecuted by Assistant U.S. Attorney Jonathan S. Tsuei.
These cases are 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.
United States Attorney Erek L. Barron commended the ATF, the Baltimore Police Department, the Baltimore County Police Department, and the Prince George’s County Police Department for their work in these investigations and thanked the Assistant U.S. Attorneys and the Special Assistant U.S. Attorney who are prosecuting the cases.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.
# # #
Two Members of Caribbean Arms Trafficking Ring Sentenced to More Than Four Years in PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Tevin OBrian Oliver (30, Homestead) and Jameal Kaia Phillip (31, Trinidad and Tobago) each to four years and nine months in federal prison, followed by three years of supervised release, for conspiring to smuggle goods from the United States. The defendants also agreed to forfeit various firearms, ammunition, and related items, which facilitated the offenses. Oliver and Phillip pleaded guilty on April 11, 2023.
According to their plea agreements and factual bases, Oliver and Phillip were part of a ring that unlawfully exported firearms, firearms components (including upper/lower receivers and gun parts kits), and related items from Florida to Trinidad and Tobago between 2019 and 2022. Oliver and Phillip are both nationals of Trinidad. The firearms, which included pistols and long rifles and related equipment, were concealed within boxing/fight equipment, speakers, and other household items to avoid detection by law enforcement and customs authorities. Conspirators also acquired firearms from different sellers through straw purchases, falsely representing the identities of the actual purchasers and recipients of the firearms, as well as their ultimate destination.
On or about April 7, 2021, Oliver shipped a package concealing and containing various firearms and related equipment, including a Taurus G2C 9mm pistol, a SAR Arms SAR-9 9mm pistol, a Taurus G3 9mm pistol, and a Ruger Security-9 9mm pistol, from Miami, Florida to Trinidad and Tobago. Authorities in Trinidad seized those firearms and other related items that had been concealed in the shipment at Piarco International Airport on or about April 22, 2021.
“Dismantling this illicit weapons trafficking network makes a significant impact toward lowering crime and gun violence in Trinidad and Tobago, and the Caribbean,” said Homeland Security Investigations (HSI) Tampa Assistant Special Agent in Charge Kristopher Pagitt. “These sentences demonstrate the commitment of HSI, alongside our federal and Caribbean nation partners and the U.S. Attorney’s Office for the Middle District of Florida, to be steadfast in investigating and shutting down illegal firearms smuggling from the U.S.”
This case was investigated by Homeland Security Investigations (HSI), including HSI’s Attaché (Caribbean), and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Trinidad and Tobago Ministry of National Security (Transnational Organized Crime Unit) and Trinidad and Tobago Police Service (Special Investigations Unit), U.S. Citizenship and Immigration Services, the Florida Department of Law Enforcement, U.S. Customs and Border Protection and the Justice Department’s Office of International Affairs. It is being prosecuted by Assistant United States Attorneys Risha Asokan and Cherie Krigsman.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Texas Man Convicted of Conspiracy and Honest Services Fraud for Bribing Former Seminole County Tax Collector Joel GreenbergRead the Press Release
Orlando, Florida –United States Attorney Roger B. Handberg announces that a federal jury has found Michael C. Shirley (40, Austin, Texas) guilty of one count of conspiracy to commit honest services fraud and four counts of honest services fraud. Shirley faces a maximum penalty of 20 years in federal prison on each count. His sentencing hearing is scheduled for October 31, 2023. Shirley was indicted on August 10, 2022.
According to the evidence presented at trial, in 2016 Shirley served as the campaign manager for former Seminole County Tax Collector Joel Greenberg. In 2017, on his first day in public office, Greenberg caused the tax collector’s office to enter into a lucrative consulting contract with Shirley’s newly formed company, Praetorian Integrated Services LLC, which provided Shirley with $12,500 each month for the performance of “consulting services.” In fact, Shirley did little to no work for the tax collector’s office under the contract each month. Additionally, Shirley began submitting grossly inflated invoices to the tax collector’s office for printing services.
Trial evidence further demonstrated that on September 25, 2017, Shirley, through middleman Joseph Ellicott, gave Greenberg a $6,000 cash kickback and bribe. He paid this kickback and bribe in exchange for Greenberg’s award of the contract and so that Shirley could continue receiving monthly payments for his “consulting.” As a result of the kickback and bribe, Shirley was allowed to continue billing his monthly fee to the Seminole County Tax Collector’s office until September 2019. In total, Shirley defrauded Seminole County taxpayers out of more than $634,000.
In 2022, Ellicott was sentenced to 15 months’ imprisonment for his role in the bribery and kickback payment.
This case was investigated by the United States Secret Service and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Amanda S. Daniels and Chauncey A. Bratt.
Sutherland Woman Convicted for Trafficking in a Password or Other Similar InformationRead the Press Release
Acting United States Attorney Susan Lehr announced that Lacie Brown, 21, of Sutherland, Nebraska, was sentenced today in Lincoln, Nebraska, by Senior United States District Judge John M. Gerrard for trafficking in a password or other similar information. Brown was sentenced to one year of probation. There is no parole in the federal system.
On July 21, 2021, UNL-PD received a complaint concerning student loan fraud. Victim 1 reported that he was contacted by a loan services company after a third loan attempt was denied. He was completely unaware of the first two loans which were already dispersed. Victim 1 was notified that in all three incidents he was marked down as the co-signer and the primary signer was Lacie Brown.
Through subsequent investigation it was determined that Brown used Victim 1’s Social Security Number and date of birth on the student loan applications listing Victim 1 as a co-signer and subsequently creating a login on his behalf and signing on his behalf as well. Victim 1 is a relative of Brown’s and there was no evidence Victim 1’s information was illegally acquired by Brown.
This case was investigated by the University of Nebraska-Lincoln Police Department and the Lincoln County Sheriff’s Office.
St. Louis Man Sentenced to 27 Years in Prison for Assaulting Deputy U.S. Marshals, Selling MethamphetamineRead the Press Release
ST. LOUIS – U.S. District Court Judge Matthew T. Schelp on Friday sentenced a man from St. Louis who injured two deputy U.S. marshals, one permanently, during his arrest to 27 years in prison.
Emilio Justin Sandoval, now 34, had been indicted on felony methamphetamine charges in 2021 and the U.S. Marshals were tasked with arresting him. On Nov. 10, 2021, they found him at his home. Sandoval and his significant other ran to a vehicle and tried to escape. He then rammed marshals’ vehicles multiple times. One deputy marshal suffered serious injuries to his left knee, left elbow and left hand. The other was struck by the open passenger door, knocked down and dragged by Sandoval’s vehicle. She suffered serious, permanent and life-threatening injuries to her head, neck and spine.
What began as a drug case “quickly transitioned into an attempted murder case as a result of Mr. Sandoval’s actions,” Assistant U.S. Attorney Tom Rea said during Friday’s hearing, adding that “’attempted murder’ is not too strong a term.”
“But for the bravery, tenacity, and quick thinking” of the marshals, “there could have been very different, horrific outcomes for everyone involved,” Rea said.
Rea said the case was not about Sandoval. “It is about the courageous members of the United States Marshals Service who perform their jobs day-in and day-out with the utmost professionalism and commitment to serve with absolutely zero fanfare or need for recognition – all the while never knowing what threat awaits them at any given moment.”
Judge Schelp agreed, saying attacks on law enforcement “will not be something that will ever be taken lightly. They put their lives on the line for all of us.”
The Drug Enforcement Administration began investigating Sandoval’s drug sales in December 2019, learning that he was storing and selling methamphetamine out of his home in the 4400 block of Dewey Avenue in St. Louis. Sandoval sold two ounces of methamphetamine on Oct. 20, 2020 for $1,000, which led to a consensual search of his home and the discovery of a total of 545 more grams of methamphetamine, three guns and $11,234 in a safe.
Sandoval pleaded guilty in March to one count of possession with the intent to distribute methamphetamine and two counts of assaulting an officer of the United States.
The Drug Enforcement Administration and the U.S. Marshals Service investigated this case.
St. Charles County Man Sentenced to 12 Years on Child Pornography ChargesRead the Press Release
ST. LOUIS – U.S. District Judge Rodney W. Sippel on Friday sentenced a man from St. Charles County who possessed and shared child pornography over social media to 12 years in prison.
Judge Sippel also ordered James Schoggins, 42, to pay a total of $12,000 to four victims whose images he shared online.
Schoggins pleaded guilty in October to one felony count of possession of child pornography. He admitted possessing 421 videos and 148 images of child pornography. He had videos and images on his computer of a girl dating back to when she was 13 or 14. Schoggins told the minor what type of images and videos to send to him and engaged in sexual communications with her, his plea says.
Schoggins also sent child pornography via Kik Messenger and recommended a way to share child sexual abuse material. Claiming to be a 17-year-old male, Schoggins contacted a 16-year-old via WhatsApp and exchanged nude pictures with her.
After Schoggins accessed child pornography on his Snapchat account, the company reported him to the National Center for Missing and Exploited Children, triggering an investigation by law enforcement.
The case was investigated by the St. Charles County Cybercrime Task Force and the FBI. Assistant U.S. Attorney Jillian Anderson is handling 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.
Springfield Woman Convicted of CyberstalkingRead the Press Release
Springfield Ill. – A federal jury returned a guilty verdict on July 27, 2023, against Lerin E. Hughes, 25, of the 500 block of N. McClernand Avenue, Springfield, Illinois, for two counts of Cyberstalking. Sentencing for Hughes has been scheduled for November 30, 2023, at 1:30 p.m. at the U.S. Courthouse in Springfield, Illinois before U.S. District Judge Colleen R. Lawless.
At the two-day trial, the government presented evidence to establish Hughes made repeated threatening Facebook posts directed towards an employee of the Illinois Department of Children and Family Services (DCFS) who was assigned to investigate allegations of child abuse and neglect. Hughes also sent threatening text messages, e-mail messages, and sought out the personal Facebook page of a caseworker employed by an agency contracted to work with DCFS. The threats occurred over a four-month period during the summer of 2022. The communications, in addition to containing multiple types of threats, included threats to kill the two child protection workers.
Hughes remains in the custody of the United States Marshal Service. At sentencing, Hughes faces statutory penalties of not more than 5 years imprisonment, not more than 3 years supervised release, not more than a $250,000 fine, $100 and restitution.
The case was investigated by the Federal Bureau of Investigation, Springfield Field Office, with valuable assistance from the Sangamon County Sheriff’s Department. Assistant U.S. Attorneys Sarah E. Seberger and Sierra Senor Moore represented the government at trial.
Shambaugh Man Sentenced for Drug Distribution OffensesRead the Press Release
COUNCIL BLUFFS, Iowa – On Thursday, July 27, 2023, a Shambaugh man was sentenced to 60 months in prison for possession with intent to distribute a controlled substance following his plea of guilty.
According to public court documents, from June 2022 to July 2022, the Iowa Department of Narcotics Enforcement (DNE) completed several controlled buys of methamphetamine with Michael Leo Pickens, 49. In August 2022, a search warrant was executed by DNE on Pickens’ residence in Shambaugh. Agents recovered approximately 26 grams of methamphetamine and a scale from the residence.
Pickens must serve a four-year term of supervised release following the prison term. There is no parole in the federal system.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Iowa Division of Narcotics Enforcement investigated the case.
Rutland Bank Robber Sentenced to 67 Months in PrisonRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced today that James Thurston, aka “Thirsty,” 34, of Rutland, Vermont was sentenced today to serve 67 months of imprisonment after his conviction for bank robbery. Chief United States District Judge Geoffrey W. Crawford also sentenced Thurston to serve three years of supervised release after his incarceration.
According to court records, on October 5, 2022, Rutland City Police Officers responded to an alarm activation at the TD Bank located at 89 Merchants Row in Rutland City, Vermont. Employees reported that a man wearing a surgical mask and hooded sweatshirt had walked through the main door, up to a teller window, and stated “Give me all your cash, I have a gun, give me all your cash.” The teller thereafter provided the man with $500 from the teller drawer, and the man left the bank. Officers obtained surveillance footage from the TD Bank as well as neighboring buildings, which resulted in the identification of Thurston as the bank robber.United States Attorney Nikolas P. Kerest commended the coordinated investigatory efforts of the Rutland City Police Department, Homeland Security Investigations, and the Federal Bureau of Investigation.
The prosecutor was Assistant United States Attorney Jonathan Ophardt. Thurston was represented by Assistant Federal Public Defender Mary Nerino.
Reseda Man Affiliated with Violent White Supremacist Group Charged in Federal Criminal Complaint with Drug and Ammunition OffensesRead the Press Release
LOS ANGELES – A San Fernando Valley man associated with a racially motivated violent extremist group is expected to appear in federal court later today after being charged this morning in a criminal complaint with conspiring to distribute methamphetamine and being a felon in possession of ammunition.
Ryan Scott Bradford, 34, of Reseda, was arrested at his residence Thursday and is expected to make his initial appearance this afternoon at United States District Court in downtown Los Angeles.
As alleged in the complaint, between 2021 and January 2023, Bradford posted online messages and photographs documenting his use of a 3-D printer to manufacture firearms, as well as calling for the mass murder of Jews.
During a search of Bradford’s residence yesterday, agents and officers with the FBI, the DEA and the LAPD recovered 116 rounds of ammunition, which Bradford is prohibited from possessing due to a 2012 burglary conviction; firearms parts – including two 3D printed auto sears and five “switches,” both of which are used to convert semi-automatic firearms into fully-automatic firearms; two 3D printers, one of which had swastikas painted on it; various Nazi propaganda; and an apparent improvised explosive device (IED). Following the discovery of the apparent IED yesterday morning, law enforcement temporarily shut down streets in the vicinity of Bradford’s residence.
“As alleged, this convicted felon affiliated with a violent white supremacist group who espouses horrific acts of violence against Jews appears to be manufacturing firearms and possessing an improvised explosive device,” said United States Attorney Martin Estrada. “The potential danger to the community cannot be overstated. We will continue to investigate this matter to ensure that this defendant is held accountable for his crimes, and to keep our community safe from acts of violence motivated by racist and hateful ideology.”
“The defendant is a self-described anti-Semite associated with a white supremacist group which espouses the hatred of Jews and other minorities,” said Donald Alway, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “Hateful rhetoric that crosses the line into violence will get the attention of law enforcement and those who engage in such extremism will be held accountable should they act upon their violent rhetoric.”
“Dangerous individuals that conspire to distribute synthetic drugs, such as methamphetamine, are driving addiction and death in our communities,” said DEA Los Angeles Special Agent in Charge Bill Bodner. “The interagency collaboration with our local and federal partners was instrumental in preventing further violence and harm in our neighborhoods.”
“The LAPD values the ongoing partnership with the FBI and the U.S. Attorney in the pursuit of disrupting gun trafficking and the devastating impact these firearms have in our communities,” said Los Angeles Police Chief Michel R. Moore.
According to an affidavit filed with the complaint, Bradford used an Amazon account with the username “Peck Erwood” with a woodpecker avatar. The woodpecker is a logo used by the San Fernando Valley Peckerwoods, a racially motivated violent extremist group based in Los Angeles County. The Peckerwoods originated in the California state prison system and its members have engaged in racially motivated violence, drug and illegal firearms trafficking, and fraud, according to the affidavit.
As alleged in the complaint, Bradford – using online usernames referencing the Peckerwoods – used messaging applications such as Telegram to post racist remarks against Jewish people, including calling for mass murder and genocide of Jews. Yesterday, law enforcement recovered from Bradford’s residence a calendar with a handwritten note stating: “New Year’s Resolution: Take over the world – save Aryan race *Bake every single Jew.*” Bradford also posted links and instruction manuals on Telegram concerning hand grenades, biological warfare, and the “Aryan Revolution,” and he offered to make firearms and firearm parts for others using 3-D printers, according to the complaint.
The affidavit further alleges that Bradford sent text messages in November 2022 to coordinate the distribution of methamphetamine and sent two photographs of methamphetamine to a buyer. The complaint alleges that he conspired with Kris Dean Drakakis, 42, another member of the Peckerwoods, who was indicted on June 30 on charges of possession with intent to distribute methamphetamine, heroin, and fentanyl; possession of a firearm in furtherance of drug trafficking crimes; and being a felon in possession of ammunition. Drakakis has pleaded not guilty to the charges and has an August 22 trial date scheduled. He is in federal custody.
A criminal complaint contains allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
If convicted of the charges in the complaint, Bradford would face a statutory maximum sentence of 20 years in federal prison for the drug conspiracy charge and up to 15 years in federal prison for the ammunition possession charge.
The FBI’s Joint Terrorism Task Force, the Drug Enforcement Administration, and the Los Angeles Police Department are investigating this matter.
Assistant United States Attorney Reema El-Amamy of the Terrorism and Export Crimes Section is prosecuting this case.
Red River County Nurse Guilty of Stealing Fentanyl from Hospital EmployerRead the Press Release
SHERMAN, Texas – An Annona, Texas nurse has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs today.
Crystal McLin Lipe, 41, pleaded guilty on July 27, 2023, to obtaining a controlled substance by fraud before U.S. Magistrate Judge Aileen Goldman Durrett.
According to court documents presented in court, Lipe worked as a registered nurse in the Intensive Care Unit (ICU) of a hospital in the Eastern District of Texas. At various points during her time with the hospital, Lipe knowingly accessed and obtained fentanyl, a controlled substance under federal law, for personal use without the hospital’s authorization. In particular, Lipe acquired the fentanyl fraudulently, by removing the fentanyl from its original vials, replacing the fentanyl with a liquid containing sodium chloride, and failing to disclose her conduct to the hospital.
Lipe faces up to 4 years in federal prison at sentencing. The maximum statutory sentences prescribed by Congress are provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the U.S. Food and Drug Administration (FDA) and the U.S. Drug Enforcement Administration (DEA).
###
Purcell Man Pleads Guilty to Distributing Fentanyl Resulting in Serious Bodily InjuryRead the Press Release
OKLAHOMA CITY – Garret John David Woodle, 34, of Purcell, has pleaded guilty to distribution of fentanyl resulting in serious bodily injury, announced U.S. Attorney Robert J. Troester.
On May 16, 2023, a federal grand jury returned a four-count Superseding Indictment against Woodle. Count 1 charged Woodle with distribution of fentanyl resulting in serious bodily injury. Count 2 charged Woodle with possession of a firearm by a felon. Count 3 charged Woodle with possession of fentanyl with intent to distribute. Count 4 charged Woodle with possession of a firearm in furtherance of a drug-trafficking crime. According to the Superseding Indictment, on or about September 30, 2022, Woodle distributed fentanyl to an individual, and Woodle’s distribution of that fentanyl resulted in serious bodily injury to another person.
On July 24, 2023, Woodle pleaded guilty to Count 1 of the Superseding Indictment. At his plea hearing, Woodle admitted to distributing a mixture or substance containing a detectable amount of fentanyl. The fentanyl Woodle distributed resulted in the overdose of the victim, who required two doses of Narcan, as well as other medical measures, to be resuscitated.
As part of his plea, the United States has agreed not to advocate for more than 20 years in prison.
This case is a result of investigations by the Drug Enforcement Administration and the Grady County Sheriff’s Office. Assistant U.S. Attorney Elizabeth Joynes and Special Assistant U.S. Attorney Kaleigh Blackwell are prosecuting the case.
Reference is made to public filings for further information.