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Thursday 8 June 2023
Statement from Attorney General Merrick B. Garland in Honor of Pride MonthRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland in honor of Pride Month:
“As we recognize Pride Month and celebrate the LGBTQI+ community, the Justice Department renews its commitment to protecting the rights of every person to live free from discrimination and persecution based on who they are or who they love. The Justice Department is proud to stand in defense of the rights to which LGBTQI+ individuals, and all people in our country, are entitled.”
Fact Sheet: Justice Department Efforts to Protect the LGBTQI+ Community
The Justice Department works every day to ensure the rights of LGBTQI+ people are recognized and protected. Members of the LGBTQI+ community must be able to live their lives free from discrimination, harassment, violence, and threats of violence. The Justice Department prioritizes addressing threats and discrimination against LGBTQI+ people in the workplace, at doctor’s offices, in their schools, communities, and more.
Prosecuting hate crimes based on LGBTQI+ status. As recent FBI statistics confirm, hate crimes are on the rise, including hate crimes targeting members of the LGBTQI+ community. The Justice Department is pursuing those who commit acts of hate based on sexual orientation or gender identity to the fullest extent of the law. For instance, the Justice Department has:
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Obtained a conviction of a Montana man of hate crimes for firing an AK-style assault rifle at the residence of a woman who identified as a lesbian and was home at the time. The defendant was on a self-described mission to rid the town of its lesbian and gay community;
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Charged two South Carolina men with hate crimes and obstruction offenses for the murder of a transgender woman because of her gender identity;
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Obtained a 45-year sentence against a Louisiana man who was convicted of kidnapping and attempting to murder a gay man as part of a hate crime scheme targeting users of a dating app for gay men;
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Secured a 21-year sentence against a Missouri man for committing a hate crime by shooting a local teenager eight times in an attempted murder because of his sexual orientation;
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Charged a Texas man for threatening a Boston doctor providing care to members of the transgender community; and
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Obtained a conviction against a Washington man who pleaded guilty to one count of committing a hate crime for the arson of an LGBTQ+ bar and nightclub in Seattle.
Educating the public about protecting the LGBTQI+ community. The Justice Department and FBI are conducting outreach to share information about practical steps to protect the LGBTQI+ community from hate-motivated attacks and threats of violence.
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On Sept. 27, 2022, the Justice Department’s Civil Rights Division and the FBI hosted a meeting with national LGBTQI+ groups about protecting LGBTQI+ communities in light of the increase in hate-motivated attacks and threats of violence. The event served as an opportunity to connect law enforcement leaders with civil rights leaders and exchange ideas, raise awareness, and find new points of collaboration.
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On March 30, the Justice Department’s Civil Rights Division, Community Relations Service (CRS) wide that addressed practical steps for protecting LGBTQI+ communities from hate-motivated attacks and threats of violence. The Justice Department and FBI shared information about steps to take in the event of an emergency, suspected hate crime, or threat of violence, and proactive measures to protect organizations, facilities, and communities. The webinar built on themes discussed at the September 2022 meeting with national LGBTQI+ groups.
Combating discrimination and harassment against LGBTQI+ people. The Department of Justice is also working to protect the rights of all LGBTQI+ people to live free of harassment and discrimination at school, at work, at home, and in their communities. For example, the Civil Rights Division has:
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Resolved allegations of harassment and a hostile environment based in part on sexual orientation in a Vermont school district, and filed amicus briefs supporting a school’s decision to require employees to use the names and pronouns that match transgender students’ gender identities in Indiana, and a transgender boy’s right to use the boys’ restroom at his school in Florida;
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Filed briefs in support of a transgender employee of a state prison in Georgia who suffered intentional misgendering and harassment in the workplace, a teacher in Maine who alleged her employer discriminated against her because of her advocacy for LGBTQI+ people, and a former Georgia deputy sheriff whose employer-sponsored health insurance did not cover treatment of gender dysphoria;
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Filed an amicus brief in the Supreme Court supporting the right of LGBTQI+ people to access public accommodations;
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Challenged an Alabama law making it more difficult for transgender people to obtain driver’s licenses that reflect their gender identity;
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Brought a lawsuit against the owners and managers of a rental property in Wisconsin for harassing a tenant because of his sexual orientation, and reached a landmark $4.5 million settlement in a lawsuit against a New Jersey landlord who sexually harassed both female tenants and tenants who were gay or bisexual men; and
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Filed a statement of interest supporting the right of transgender inmates to safe living conditions and necessary medical treatment in Georgia prisons.
Defending transgender youth. The Justice Department has intervened or filed statements of interest supporting multiple challenges to state laws that restrict the rights of transgender youth and has educated the public about the rights of transgender youth. For example, the Civil Rights Division has:
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Challenged discriminatory laws in Alabama and Tennessee that deny necessary medical care to transgender youth, including in instances when parents consent to that care;
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Filed statements of interest and amicus briefs in support of litigation challenging similar bans on medical care for transgender youth in Arkansas and Kentucky;
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Filed a statement of interest and an amicus brief in support of a transgender girl’s challenge to West Virginia’s law that banned her from playing on school sports teams consistent with her gender identity; and
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In collaboration with the Departments of Education and Health and Human Services, issued a back-to-school message of support for transgender students.
The Justice Department also issued a letter to all state attorneys general notifying them that transgender youth have federal constitutional and statutory protections that shield them from discrimination, including efforts to restrict access to gender-affirming health care.
Improving law enforcement response to LGBTQI+ crime victims. The Department of Justice issued updated guidance to help law enforcement agencies improve their response to sexual assault and gender violence by identifying gender bias. Sexual assault and domestic violence are crimes that disproportionately harm women, girls, and LGBTQI+ people in the United States. The updated guidance addresses the ways that gender bias can intersect with other forms of bias to disproportionately affect survivors from marginalized communities, including the LGBTQI+ community. The Community Relations Service will also partner with state and local law enforcement agencies to increase the number of law enforcement officers who have completed CRS’s training programs on engaging with transgender and non-binary youth and building relationships with transgender communities.
Supporting organizations that serve LBGTQI+ victims and survivors. The Department’s Office on Violence Against Women (OVW) has made it a priority to improve outreach, services, civil and criminal justice responses, prevention, and support for survivors of domestic violence, dating violence, sexual assault, and stalking from underserved communities, particularly LGBTQI+ survivors and others from historically marginalized communities. Through its Grants for Outreach and Services to Underserved Populations and its Training and Technical Assistance Initiative, OVW funds numerous projects and organizations, including:
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An Albany, New York, based organization serving LGBTQI+ people of color, to provide services to survivors of domestic violence, dating violence, sexual assault, and stalking in upstate New York, many of whom are transgender or gender non-conforming.
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A network of organizations in Orlando, Florida, to expand outreach and victim services for LGBTQI+ survivors of sexual assault in Central Florida.
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A community coalition in Pennsylvania, to address long-term safety and stability for LGBTQI+ survivors of color, build the capacity of service providers to provide culturally appropriate services, and develop culturally and linguistically appropriate materials, and provide housing assistance.
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A Milwaukee organization, to provide mental health counseling, case management, support groups, safety planning, advocacy services, and economic resources to LGBTQI+ survivors of domestic violence, dating violence, sexual assault, or stalking.
Additionally, OVW is administering grants supporting LGBTQI+ organizations and LGBTQI+ community-specific services through the Violence Against Women Reauthorization Act of 2022 and its STOP Formula Grant program.
Addressing discrimination based on HIV status. The Justice Department has brought lawsuits addressing discrimination based on HIV status, which is a disability under the Americans with Disabilities Act (ADA). For instance, the Justice Department:
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Resolved claims that two doctors in California and nine dental offices in North Carolina violated the ADA by refusing to provide routine medical care to patients with HIV;
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Brought suit against a town in Indiana after the police department unlawfully revoked a job offer to a qualified police officer because of his HIV status;
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Resolved allegations against an in-home caregiving company in Wisconsin that refused to provide services to an individual with HIV; and
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Reached a settlement with the state of Nevada to ensure that Nevada Department of Corrections inmates are not illegally segregated or otherwise discriminated against on the basis of their HIV status.
More information about the Justice Department’s work to uphold and protect the civil and constitutional rights of LGBTQI+ people is available online at www.justice.gov/crt/lgbtqi-working-group. Complaints about discriminatory practices may be reported to the Civil Rights Division at www.civilrights.justice.gov.
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Social Worker Sentenced to 42 Months in Prison for Defrauding Program for Developmentally Delayed ChildrenRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, social worker Enock Mensah was sentenced by United States District Judge Ann M. Donnelly to 42 months’ imprisonment for health care fraud and theft of federal funds after a jury found him guilty of defrauding the New York State Early Intervention Program (EIP), a public program designed to provide remedial services to developmentally delayed children. Mensah was also ordered to pay over $177,000 in restitution. Mensah was convicted in December 2019 following a one-week trial.
Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), and Jocelyn E. Strauber, Commissioner, New York City Department of Investigation (DOI), announced the sentence.
“Mensah shamefully enriched himself at the expense of the children who the Early Intervention Program is meant to benefit,” stated United States Attorney Peace. “With today’s sentence, the defendant paid the price for abusing the trust placed in him as a social worker for vulnerable families. This case should deter others who would attempt to defraud public benefit programs.”
“With today's sentence, Mr. Mensah will face the consequences of taking advantage of a program designed to assist those in need of specialized care. For all those willing to exploit the public benefit system for their own self interest, let this case serve as a warning. The FBI and our partners are committed to eradicating abuse and fraud in these systems,” stated FBI Assistant Director-in-Charge Driscoll.
“This defendant’s reprehensible scheme deprived children with special needs of assistance they required and deserved; today he faces the serious consequences of his illegal conduct,” stated DOI Commissioner Strauber. “DOI is proud to work with the U.S. Attorney's Office for the Eastern District of New York and the FBI to protect the public funds that support critical services for New York’s children and families.”
Between August 2013 and October 2018, Mensah fraudulently billed Medicaid and EIP for more than 1,700 therapy sessions that never occurred, resulting in the theft of more than $145,000 in Medicaid funds and more than $29,000 in New York City Department of Health and Mental Hygiene funds. At the trial, several parents of special needs children testified that Mensah did not provide therapy sessions to which their families were entitled under the program, despite documents showing that Mensah claimed to have done so and submitted claims forms for payment to the health care agencies. One parent testified that she was in the Dominican Republic with her autistic child when Mensah billed for two purported therapy sessions with them. Mensah fabricated more than one thousand session notes in order to receive payment for work he had not done. In some cases, he forged the parents’ signatures on these claims forms; in others, he persuaded them to sign blank forms, which he later filled with falsified information and used to justify payment.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorneys Ryan Harris, Anthony Bagnuola, and Oren Gleich are in charge of the prosecution with assistance of Paralegal Specialist Melissa Bennett.
The Defendant:
ENOCK MENSAH
Age: 62
Franklin Park, New JerseyE.D.N.Y. Docket No. 19-CR-60 (S-1) (AMD)
Seven Mile Man Sentenced to 32 Months for Assault on Police OfficerRead the Press Release
PHOENIX, Ariz. –Troy Pete Curtis, 33, of Seven Mile, Arizona, was sentenced on Monday by United States District Judge Dominic W. Lanza to 32 months in prison. Curtis pleaded guilty to Assault with a Dangerous Weapon.
On April 12, 2021, while on the Fort Apache Indian Reservation, Curtis, a member of the Navajo Nation Indian Tribe, was in the vicinity of a White Mountain Apache Tribal police officer when the officer heard Curtis load a firearm. The officer confronted Curtis and Curtis walked away from the officer. While walking away, Curtis discharged the firearm multiple times over his shoulder in the direction of the officer.
The Bureau of Indian Affairs and the White Mountain Apache Tribal Police Department conducted the investigation in this case. Anthony Church, Assistant United States Attorney, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-22-08141-PCT-DWL
RELEASE NUMBER: 2023-089_Curtis# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Schenectady Man Pleads Guilty to Drug and Firearm CrimesRead the Press Release
ALBANY, NEW YORK – Ramel Gulley, age 28, of Schenectady, New York, pled guilty today to possessing and intending to distribute 400 grams or more of a substance containing fentanyl and to possessing multiple firearms in furtherance of a drug trafficking crime.
United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.
Gulley admitted that on February 28, 2022, he possessed heroin-fentanyl mixtures weighing a total of 2,035 grams that he intended to distribute. Gulley also admitted that he possessed four firearms in order to protect the drugs, $12,625 in drug proceeds, and his drug trafficking business.
Sentencing is scheduled for October 11, 2023, before Senior United States District Judge Gary L. Sharpe. Gulley faces a minimum sentence of 15 years and a maximum sentence of life in prison, a fine of up to $10 million, and a post-imprisonment term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI’s Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of federal, state and local law enforcement agencies. Assistant U.S. Attorney Dustin C. Segovia is prosecuting the case.
San Francisco Residents Charged with Allegedly Committing Crimes in Front of Surveillance Cameras of Federal BuildingRead the Press Release
SAN FRANCISCO – Two defendants allegedly committed crimes while standing in front of the surveillance cameras of the federal building on Seventh and Mission Streets in San Francisco’s Tenderloin neighborhood. A federal grand jury indicted Rodolfo Sagastume-Pineda and the Office of the United States Attorney has filed a federal criminal complaint against Natalin Mauricio Martinez-Hernandez—both charging documents involve felonies the defendants allegedly committed within view of surveillance cameras monitoring the streets outside the federal building. The announcement of Sagastume-Pineda’s case was made by United States Attorney Ismail J. Ramsey and Drug Enforcement Administration Special Agent in Charge Brian M. Clark. The announcement of Hernandez case was made by United States Attorney Ramsey and Federal Bureau of Investigation Special Agent in Charge Robert K. Tripp.
The Sagastume-Pineda Case
According to a complaint filed May 25, 2023, Sagastume-Pineda was on the sidewalk of Seventh Street between Natoma and Mission Streets when he was observed engaging in a series of hand-to-hand drug transactions. The complaint describes four hand-to-hand drug sales that allegedly occurred on April 24, 2023, over the course of several minutes. Sagastume-Pineda was arrested the same day.
The complaint describes certain details regarding the circumstances of Sagastume-Pineda’s arrest. For example, the complaint alleges Sagastume-Pineda was carrying a backpack that contained 96.7 grams of fentanyl and over 30 grams of methamphetamine. Further, according to the complaint, the backpack also contained 11.1 grams of heroin, 4.3 grams of cocaine, and a digital scale.
A federal grand jury indicted Sagastume-Pineda on June 6, 2023, charging him with two counts of possession with intent to distribute fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C), as well as one count of possession with intent to distribute methamphetamine, its salts, isomers, or salts of its isomers, in violation of 21 U.S.C. §§ 841(a)(1), and (b)(1)(C).
Sagastume-Pineda appeared yesterday before Magistrate Judge Sallie Kim who ordered Sagastume-Pineda detained. Sagastume-Pineda’s next court appearance is scheduled for July 12, 2023, for a status conference before Hon. Charles R. Breyer, United States District Judge.
The Hernandez Case
The complaint filed May 26, 2023, describes how Hernandez was observed on three occasions near the federal building at 90 Seventh Street in San Francisco.
On the first occasion, August 14, 2022, San Francisco Police officers were alerted to shots fired near the federal building. The law enforcement officers did not apprehend the shooter, who fled, but watched security video footage showing the incident. The complaint describes how video footage allegedly showed Hernandez near the federal building and eventually arguing with an unidentified man who brandished and put away what appeared to be a machete. The video allegedly showed Hernandez responding by removing a firearm from a backpack and firing in the direction of the unknown man. The unknown man apparently was not struck or injured by the firearm. The video showed the shooter leaving the area on a scooter.
The second occasion occurred more than a month later, on October 24, 2022, when San Francisco Police officers again were alerted to Hernandez’s presence near the federal building. On that day, a security guard who had reviewed footage from the August 14, 2022, shooting reported that he recognized Hernandez as the August 2022 shooter when Hernandez parked a vehicle near the federal building. Hernandez left the scene before law enforcement officers arrived.
The following day, October 25, 2022, Hernandez was sighted near the federal building for a third time and, this time, was arrested. During the arrest, officers seized a backpack that Hernandez was wearing that allegedly contained a loaded, black, 9mm Ruger Security 9 semi-automatic pistol; a pair of silver brass knuckles; and three .38 caliber bullets. Officers also allegedly recovered from Hernandez’s jacket pockets multiple baggies containing a total of 104.5 grams of fentanyl.
The complaint charges Hernandez with possession with intent to distribute fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). Hernandez is next scheduled to appear on June 9, 2023, before Magistrate Judge Sallie Kim for a detention hearing.The Hernandez complaint and Sagastume-Pineda indictment merely allege that crimes have been committed, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, both defendants may be ordered to serve an additional period of supervised release and to face additional monetary assessments. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Emily Dahlke is prosecuting the cases with the assistance of Lakisha Holliman and Jasmine Sanders. The Hernandez case is being investigated by the FBI and the Sagastume-Pineda case is being investigated by the DEA, both with the assistance of the San Francisco Police Department and the Federal Protective Service.
San Antonio ‘Boogaloo Boi’ Sentenced to Eight Years in Prison on Felon in Possession ChargeRead the Press Release
SAN ANTONIO – A San Antonio man was sentenced in a federal court in San Antonio on Wednesday to 100 months in prison for one count of felon in possession of a firearm.
According to court filings, Mark Ryan Hauser, 35, a three-time convicted felon, posted in an online chat group that he wanted to kill law enforcement officers and that he adhered to the “Boogaloo” ideology, which includes violent anti-government sentiment with a goal of hastening a second civil war. He posted that he wanted to purposely get pulled over by law enforcement so that he could go “pig hunting.” He also used his 3D printer to create gun parts, including “auto sears,” which unlawfully convert semi-automatic firearms to fully automatic.
On multiple occasions throughout June and July 2021, Hauser disclosed to FBI sources that he possessed various firearms and carried a concealed .45 caliber pistol. In July 2021, Hauser posted in an online chat group that he was selling an AR-15 rifle. On Aug. 12, 2021, he met with undercover FBI employees posing as people with connections to criminal organizations. The undercover FBI employees purchased the rifle and provided him with cash for materials needed to 3D print a firearm suppressor. Hauser subsequently boasted on-line that he would be selling the suppressors “to some cartel.” Agents arrested Hauser on Sept. 26, 2021. At the time of his arrest, Hauser was in possession of his .45 caliber pistol.
“We take seriously the threats to our law enforcement colleagues. This felon posed a real danger to the community, knew that what he was doing was illegal, and chose to ignore our federal laws which are designed to ensure peace and public safety,” said U.S. Attorney Jaime Esparza of the Western District of Texas. “Thank you to our partners at the FBI and their task force for helping us bring this individual to justice and protect our communities.”
“Today’s sentencing sends a clear message that the FBI is committed to working with our law enforcement partners to address violence, threats of violence, and criminal activity with every lever available,” said Special Agent in Charge Oliver E. Rich Jr. for the FBI San Antonio Division.
The FBI investigated the case.
Assistant U.S. Attorneys Kelly Stephenson and Bill Lewis (retired) prosecuted the case.
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San Antonio Man Sentenced to over 19 Years in Federal Prison on Child Pornography ChargesRead the Press Release
SAN ANTONIO – A San Antonio man was sentenced in a federal court in San Antonio on Wednesday to 235 months in prison for distribution of child sexual abuse material (CSAM).
According to court documents, Thomas McKay Beck, 46, used peer-to-peer file sharing software to distribute 14 files containing CSAM. The files contained sexually explicit videos of infants, toddlers and prepubescent children. A forensic analysis of Beck’s computer revealed 295 CSAM images. Beck was arrested April 28, 2022 and has remained in custody since. He pleaded guilty to count one of the two-count indictment Oct. 24.
In addition to the 235 month imprisonment, Beck was ordered to pay $30,000 in restitution. He will also incur a lifetime of supervised release following his sentence and register as a sex offender.
“This defendant engaged in reprehensible acts and his lengthy sentencing serves as a powerful demonstration of our dedication to protecting the vulnerable,” said U.S. Attorney Jaime Esparza of the Western District of Texas. “With the valuable assistance of our law enforcement partners at federal, state, local and tribal levels, my office will continue to strongly prosecute anyone who exploits innocent children.”
“The significant sentence imposed on Thomas Beck sends a clear message that there are serious consequences for those individuals who exploit children. Beck will serve the next 19 years in federal prison for his incomprehensible acts” said Acting Special Agent in Charge Craig Larrabee for the Homeland Security Investigations San Antonio Division. “We remain committed in working with our law enforcement partners to aggressively pursue those who victimize the most vulnerable members of our society, our children.”
HSI and the San Antonio Police Department investigated the case.
Assistant U.S. Attorney Bettina Richardson 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. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Rochester Man Pleads Guilty to Fentanyl ChargeRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Denzell D. Easter-Stevenson, 28, of Rochester, NY, pleaded guilty to possession with intent to distribute 40 grams or more of fentanyl before Chief U.S. District Judge Elizabeth A. Wolford. The charge carries a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Cassie M. Kocher, who is handling the case, stated that on November 28, 2021, investigators executed a search warrant at a residence on Smith Street in Rochester, recovering approximately 41 grams fentanyl and 4-ANPP, approximately 3.8 grams of fentanyl and para-fluorofentanyl, approximately 1.1 grams of fentanyl and tramadol, 108 glassine baggies of fentanyl packaged for sale, marijuana packaged for sale and approximately $1,207 in United States currency. In addition, a semiautomatic pistol loaded with one round of ammunition, a magazine loaded with 15 rounds of ammunition, and a variety of ammunition was also recovered.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith, the Greater Rochester Area Narcotics Enforcement Team (GRANET), and the Bureau of Alcohol Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.
Sentencing is scheduled for October 2, 2023, at 3:30 p.m. before Judge Wolford.
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Roberts man accused of kidnapping womanRead the Press Release
BILLINGS — A Roberts man accused of kidnapping a woman in Wyoming and holding her at his residence until she escaped appeared today in federal court on a kidnapping charge, U.S. Attorney Jesse Laslovich said.
Adolfo Vargas Lepe, 59, had an initial appearance on a criminal complaint charging him with kidnapping. If convicted of the most serious crime, Lepe faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. Lepe was detained pending further proceedings.
The government alleged in court documents that from April to May 29, Lepe kidnapped a woman, identified as Victim #1, from a residence in Lander, Wyoming, and took her to his residence in Roberts, where the victim was not free to leave. Lepe is accused of repeatedly assaulting and mentally abusing the victim. The victim escaped on May 29 and called 911 for help.
A criminal complaint is only an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Assistant U.S. Attorney Zeno B. Baucus is prosecuting the case. The FBI, Carbon County Sheriff’s Office, Billings Police Department and Lander, Wyoming, Police Department conducted the investigation.
PACER case reference. 23-100.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl
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Rhode Island Priest Admits to Federal Child Pornography ChargeRead the Press Release
PROVIDENCE – Father James W. Jackson, a Rhode Island priest previously assigned to St. Mary’s Church in Providence, pleaded guilty in federal court in Rhode Island today to a charge of receipt of child pornography, admitting to a federal judge that he downloaded files of child sexual abuse using a peer-to-peer-file-sharing network, announced United States Attorney Zachary A. Cunha.
According to information presented to the court, in September 2021, an East Providence Detective assigned to the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force identified an IP address assigned to the rectory at St. Mary’s Church that was being utilized to share files of child sexual abuse material.
A court-authorized search of a computer and digital device located in a church rectory bedroom utilized by Father Jackson was found to contain images and videos of child sexual abuse, including multiple images involving prepubescent females, some of which involved acts of bestiality and sadomasochism. A forensic audit of the devices subsequently identified over 12,000 images and 1,300 videos of child pornography.
The defendant, charged by way of a federal criminal complaint and arraigned in U.S. District Court in Providence on November 3, 2021, was later released while awaiting trial to the custody of his sister, who resides in Kansas.
In June 2022, members of the Kansas ICAC identified a computer sharing child pornography via a peer-to-peer network. Through investigation, the IP address was traced to the residence in Kansas where Father Jackson was staying. Acting on a court-authorized search warrant, members of the Kansas ICAC seized a portable computer and an external hard drive from Jacksons bedroom; an analysis of the storage device revealed evidence that numerous files with names indicative of child sexual abuse material had been deleted.
Father Jackson was returned to Rhode Island and ordered detained while awaiting trial on charges filed in U.S. District Court, charges which were brought based on the initial investigation by the Rhode Island ICAC. He pleaded guilty today in that matter to a charge of receipt of child pornography. He is scheduled to be sentenced on September 11, 2023. The defendant’s sentence will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant U.S. Attorneys John P. McAdams and Kevin L. Hubbard. U.S Attorney Cunha expressed appreciation for the efforts of the Overland Park, Kansas Police Department and the Kansas ICAC.
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Rhode Island Beef Slaughterhouse, Owner Admit to Violating the Federal Meat Inspection ActRead the Press Release
PROVIDENCE – A Johnston, RI, beef slaughterhouse and an owner of the company have admitted to a federal judge that they committed fraud when they claimed that product they processed and suppled to customers had been federally inspected and passed as required under the Federal Meat Inspection Act (FMIA) when, in fact, it had not, announced United States Attorney Zachary A. Cunha.
Rhode Island Beef and Veal and one of its owners, Michael A. Quattrucci, pleaded guilty to charges of defrauding customers by claiming that beef had been inspected under the FMIA, as well as by preparing beef without complying with inspection requirements of the FMIA. Rhode Island Beef and Veal also pleaded guilty to a charge of defrauding customers by use of an official inspection mark of the Secretary of Agriculture without authorization.
According to information presented to the court, on August 20, 2019, the United States Department of Agriculture (USDA) Food Safety Inspection Service served RI Beef and Veal with a notice of suspension and withdrew its inspector.
Eight days after the suspension was imposed and the inspector was withdrawn, a USDA supervisor visited the plant and found employees packing various cuts of meat and applying USDA marks of inspections to the meat. Additionally, packaged meat with USDA stickers attached was found stored in five bins. No inspector was present, as is required by law for these marks to be applied.
A day later, a USDA investigator visited the slaughterhouse and took photos of the illegally marked packages of beef that had been retained from the day before; he also noted 224 pounds of unmarked ground beef and a 594-pound half carcass of beef that had been freshly cut into primal parts for delivery to a customer in Connecticut who supplies meat products to restaurants.
Michael Quattrucci is scheduled to be sentenced on July 26, 2023; Rhode Island Beef and Veal is scheduled to be sentenced on September 7, 2023. The defendants’ sentences will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant U.S. Attorneys Zechariah Chafee and Dulce Donovan..
The matter was investigated by the USDA Food Safety and Inspection Service.
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Revere Man Sentenced to More than Six Years in Prison for Trafficking CocaineRead the Press Release
BOSTON – A Revere man was sentenced yesterday in federal court in Boston in connection with drug trafficking activities involving cocaine.
Edgar Castro, 48, was sentenced by U.S. District Court Judge Leo T. Sorokin to 78 months in prison and five years of supervised release. In October 2022, Castro pleaded guilty to conspiracy to distribute, and to possess with intent to distribute, five kilograms or more of cocaine; and possession with intent to distribute five kilograms or more of cocaine.An individual in Puerto Rico attempted to ship a box containing approximately 29 kilograms of cocaine to an automotive repair garage in Lawrence. After a routine inspection of the box, employees of the shipping company found packages appearing to be narcotics wrapped in plastic and notified law enforcement. A search of the package revealed a total of 29 kilograms of cocaine. Following a controlled delivery of the package to the recipient address in Lawrence, Castro and his co-conspirator Julio Ortiz were observed unpacking the box and moving containers of cocaine into another vehicle. Ortiz and Castro were arrested on site.
In November 2022, Ortiz was sentenced to 10 years in prison and five years of supervised release after previously pleading guilty to his role in the conspiracy.
Acting United States Attorney Joshua S. Levy and Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England made the announcement. Valuable assistance was provided by the Drug Enforcement Administration, Massachusetts State Police and the Woburn Police Department. Assistant U.S. Attorneys Stephen W. Hassink and Lindsey E. Weinstein of Levy’s Narcotics & Money Laundering Unit prosecuted the case.
Repeat Sex Offender Sentenced to 10 Years in Prison for Possession of Child Sexual Abuse MaterialRead the Press Release
LAS VEGAS – A Las Vegas man was sentenced today by United States District Judge Richard F. Boulware II to 10 years in prison followed by 15 years of supervised release for possession of images depicting child sexual abuse material.
Russell Hamblin (63) pleaded guilty in November 2022, to one count of possession of child pornography.
According to court documents, on January 14, 2008, Hamblin was convicted of receipt of child pornography in U.S. District Court in Las Vegas. As a result of his conviction, he was sentenced to prison and a lifetime term of supervised release. On April 12, 2022, during a home visit, U.S. Probation Officers observed printed papers on the floor depicting nude or partially dressed young females. They seized multiple flash drives and cell phones belonging to Hamblin. He admitted that he possessed between 10 and 150 items of child pornography on the seized devices.
United States Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Spencer L. Evans for the FBI made the announcement.
The FBI investigated the case. Assistant United States Attorney Supriya Prasad prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the 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.
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Repeat Domestic Abuser Sentenced to over 15 Years in Federal Prison for Illegally Possessing Firearms During Domestic AssaultRead the Press Release
INDIANAPOLIS- Harold Sanders, 34, of Indianapolis, Indiana, has been sentenced to 188 months in federal prison after pleading guilty to illegally possessing a firearm.
According to court documents, on June 13, 2022, Indianapolis Metropolitan Police Department (IMPD) officers received a 9-1-1 phone call from Sanders’ girlfriend who was screaming for help as Sanders was assaulting her. During the phone call, Sanders was heard asking where his other pistol was and making verbal threats.
Officers responded to the residence and found the girlfriend with visible injuries. She told officers that Sanders had struck her in the head seven times with a firearm. A search of the residence yielded one loaded .380 caliber handgun under a bedroom mattress, and another one loaded 9mm handgun with an extended magazine inside the microwave. The girlfriend’s blood was found on the 9mm firearm.
Sanders is prohibited under federal law from ever possessing a firearm again because of his prior felony convictions for Assault by Means Likely to Cause Great Bodily Injury, Infliction of Corporal Injury on a Spouse, and First Degree Criminal Domestic Violence.
United States Attorney for the Southern District of Indiana, Zachary A. Myers, Daryl S. McCormick, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Columbus Field Division, and IMPD Chief Randal Taylor made the announcement.
“Again and again, we see armed domestic abusers inflict injury and death on those closest to them,” said U.S. Attorney Zachary A. Myers. “We must interrupt the cycle of violence through aggressive federal prosecution of the worst offenders, like the defendant here. Through our L.E.A.T.H. initiative, we will continue working alongside IMPD and ATF to protect victims by sending these dangerous offenders to federal prison, where they belong.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives and IMPD investigated this case. The sentence was imposed by U.S. District Court Chief Judge, Tanya Walton Pratt. Judge Pratt also ordered that Sanders be supervised by the U.S. Probation Office for 5 years following his release from federal prison.
U.S. Attorney Myers thanked Assistant United States Attorney Abhi Kambli, who prosecuted this case.
This case was brought as part of the LEATH Initiative (Law Enforcement Action to Halt Domestic Violence), named in honor of Indianapolis Metropolitan Police Department (IMPD) Officer Breann Leath, who was killed in the line of duty while responding to a domestic disturbance call. A partnership among the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the IMPD, and the U.S. Attorney’s Office for the Southern District of Indiana, the LEATH Initiative focuses federal, state, and local law enforcement resources on domestic violence offenders who illegally possess firearms.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Registered Sex Offender from Harwich Indicted for Possessing Child PornographyRead the Press Release
BOSTON – A Harwich man was indicted today by a federal grand jury in Boston on child pornography offenses.
Jonathan Fleischmann, 35, was indicted today on one count of possession of child pornography. Fleischmann was previously arrested and charged on May 16, 2023 and remains in federal custody.
According to the charging documents, Fleischmann’s co-workers reported to law enforcement that, between March 17 and March 18, 2023, Fleischmann’s cellphone was allegedly observed downloading suspected child pornography media files while his phone was left open and charging on a counter at their workplace. During a subsequent search of Fleischmann’s cellphone allegedly identified approximately 255 image files and 55 video files that contained suspected child pornography.
Fleischmann is currently facing separate state charges in Barnstable Superior Court for allegedly invading a Yarmouth home and forcibly taking a 16-year-old female at gunpoint into her house as she arrived home from school in 2020. That investigation allegedly revealed that Fleishmann had accessed a dark web hidden service on his cellphone dedicated to the trafficking of child pornography. The case remains pending.
Fleishmann is a Level 3 sex offender due to prior convictions in Barnstable District Court of Indecent Assault and Battery on a Child Under 14 in 2006 and Open and Gross Lewdness in 2017.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
The charge of possession of child pornography provides for a mandatory minimum sentence of 10 years and up to 20 years in prison, at least five years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Assistant U.S. Attorney Luke A. Goldworm of Levy’s Major Crimes Unit is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Peabody Man Sentenced to Prison for Drug TraffickingRead the Press Release
BOSTON – A Peabody man was sentenced yesterday in federal court in Boston for trafficking in fentanyl, methamphetamine and cocaine.
Donald Ruby, 55, was sentenced by U.S. District Judge Angel Kelley to 27 months in prison and two years of supervised release. Ruby was also ordered to forfeit $28,110 which was previously seized during a search of his Peabody apartment. On Jan. 13, 2023 Ruby pleaded guilty to three counts of possession with intent to distribute a controlled substance involving 40 grams or more of fentanyl, methamphetamine, and cocaine.
Ruby was arrested in May 2022 after he had distributed fentanyl, methamphetamine and cocaine in a number of separate controlled purchases at his home. A subsequent search of Ruby’s residence in Peabody resulted in the seizure of 85 grams of fentanyl disguised as counterfeit oxycodone pills, 132 grams of methamphetamine disguised as counterfeit Adderall pills and 85.3 grams of powder cocaine. It was later revealed that Ruby had been trafficking fentanyl, methamphetamine and cocaine for a decade.
Acting United States Attorney Joshua S. Levy and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Valuable assistance in the investigation was provided by the Peabody Police Department. Assistant U.S. Attorney David G. Tobin of Levy’s Major Crimes Unit prosecuted the case.
Orleans Parish Man Pleads Guilty to Concealment of Bankruptcy Related AssetsRead the Press Release
NEW ORLEANS – JOSHUA BORGES (“BORGES”), age 38, of New Orleans, Louisiana, pleaded guilty on to one count of Concealment of Assets, in violation of Title 18, United States Code, Section 152(1), before United States District Judge Carl J. Barbier, announced United States Attorney Duane A. Evans.
According to court records, on or about April 17, 2018, BORGES knowingly and fraudulently failed to disclose property that belonged to him in a bankruptcy case. Specifically, he knowingly and fraudulently failed to disclose to the trustee charged with control of the debtor’s property and from the creditors and the United States Trustee, $9,000.00 in cash on hand, and his business interest in Elite Enterprise Holding, LLC, which had a value of at least approximately $89,771.08.
Sentencing will be September 28, 2023, and BORGES faces a maximum penalty of five (5) years imprisonment, followed by up to three (3) years of supervised release, a fine of up to $250,000.00, and a mandatory $100 special assessment fee.
The U.S. Attorney’s Office would also like to acknowledge the assistance of the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigations, and the Office of the U.S. Trustee for the Eastern District of Louisiana with this matter. The prosecution of this case is being handled by Assistant U.S. Attorneys Edward Rivera of the Financial Crimes Unit and Andre Lagarde of the Public Integrity Unit.
North Little Rock Man Sentenced to Prison for Falsifying Disability ClaimsRead the Press Release
LITTLE ROCK— A North Little Rock man was sentenced to prison for submitting a falsified disability application to the Veteran’s Administration (VA) and receiving more than $91,000 in disability payments. Darold Maxfield, Jr., 30, was sentenced to four months in federal prison today by United States District Judge Brian S. Miller.
This is a case of stolen valor. In October 2018, Maxfield filed for disability benefits from the VA, alleging he sustained psychological trauma after he recovered the remains of a cadet who died while conducting a land navigation exercise at West Point Military Academy. At the time, Maxfield was enrolled at the United States Military Academy Prep School. Maxfield’s VA disability application was approved, and he began receiving $1,567 per month.
The VA was alerted of potential fraud regarding Maxfield’s benefit application in May 2020 after it was discovered that the physician’s signature on Maxfield’s disability benefit questionnaire had been cut and pasted onto Maxfield’s application from another application. Upon further investigation, agents were able to verify that, three days after Maxfield enrolled at the United States Military Academy Prep School, a cadet at West Point Military Academy died during a field training exercise. However, agents found no evidence that Maxfield was anywhere near the proximity where the remains were located; he was not on the land navigation course on the date of the cadet’s death; and the two cadets who did find the dead cadet’s remains stated they were the only two present when the body was located.
“Today, this defendant was held accountable for falsely claiming to be disabled in order to steal taxpayer dollars from a program meant to benefit deserving service-disabled veterans,” said Special Agent in Charge Kris Raper with the Department of Veterans Affairs Office of Inspector General’s South Central Field Office. “The VA OIG is dedicated to ensuring the integrity of VA’s benefits programs and services. The VA OIG thanks the U.S. Attorney’s Office for their efforts in this case.”
On June 1, 2021, Maxfield was charged in an indictment with theft of public money and making a false statement or representation to a department or agency of the United States. Maxfield pled guilty to the indictment on January 19, 2023. Maxfield was sentenced to four months in prison on each count, to be served concurrently, three years of supervised release, and he was ordered to pay $91,651.70 in restitution.
The case was investigated by the Veterans Affairs – Office of the Inspector General and the Army Criminal Investigation Division. Assistant United States Attorneys J. William Crow and Jana Harris prosecuted the case for the United States.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
New York Woman Admits Bribing Mail Carriers to Steal Postal Arrow KeysRead the Press Release
NEWARK, N.J. – A New York woman man today admitted her role in a scheme to bribe mail carriers to steal postal arrow keys in order to unlock mail receptacles and to use stolen items from the mail to obtain funds fraudulently from banks, U.S. Attorney Philip R. Sellinger announced.
Halimatou Ndiaye, 27, of the Bronx, New York, pleaded guilty before U.S. District Judge Susan D. Wigenton in Newark federal court to an information charging her with one count of bribery of U.S. Postal Service mail carriers and one count of conspiracy to commit bank fraud.
According to documents filed in this case and statements made in court:
Ndiaye schemed to bribe mail carriers in East Orange and Newark by offering them cash, typically $5,000, in exchange for the mail carriers giving her and another individual a postal arrow key, which could be used to access a variety of postal service mail receptacles. Ndiaye and others sought USPS arrow keys so that they could steal mail. For example, from June to July 2021, Ndiaye and the other individual drove to various locations in East Orange and Newark, where they stopped mail carriers and handed them a note indicating they would give $5,000 to the mail carrier in exchange for an arrow key.
In addition, from January 2021 to July 2021, Ndiaye conspired with others to obtain funds fraudulently from banks by using stolen checks and bank cards to draw funds from bank accounts linked to the stolen items and using the identification of others to fraudulently obtain funds.
The bribery charge to which Ndiaye pleaded guilty carries a maximum potential penalty of 15 years in prison and a $250,000 fine; the bank fraud conspiracy charge carries a maximum penalty of 30 years in prison and a maximum fine of $1 million. Sentencing is currently scheduled for Oct. 25, 2023.
U.S. Attorney Sellinger credited postal inspectors of the U.S. Postal Inspection Service in Newark under the direction of Postal Inspector in Charge Christopher A. Nielsen, Philadelphia Division, with the investigation leading to the guilty plea.
The government is represented by Assistant U.S. Attorney Jihee G. Suh of the Special Prosecutions Division in Newark.
ndiaye.information.pdfNew Orleans Man Sentenced for Violation of Federal Drug Control ActRead the Press Release
NEW ORLEANS, LA – TIMREK ANDREWS, age 43, of New Orleans, Louisiana, was sentenced on June 08, 2023, to time served (15 months imprisonment) by U.S. District Judge Carl J. Barbier for Possession of Firearm by a Convicted Felon, a violation of the Federal Gun Control Act, Title 18 United States Code, Sections 922(g)(1) and 924(a)(2), announced United States Attorney Duane A. Evans. ANDREWS was additionally ordered to serve a three (3) year term of supervised release and to pay a mandatory $100 special assessment fee.
According to previously filed court documents, ANDREWS and a co-defendant were under surveillance by investigators. When agents approached, they found a firearm in the floorboard of the driver’s seat where ANDREWS had been previously sitting. ANDREWS is prohibited from possessing a firearm due to his previous conviction for being a convicted felon in possession of a firearm in the United States District Court for the Eastern District of Louisiana.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Special Assistant U.S. Attorney Nicholas Rayburn of the Violent Crimes Unit.
New Orleans Man Sentenced on Federal Drug and Weapons ChargesRead the Press Release
NEW ORLEANS, LOUISIANA – CHRISTIAN GUITY, age 26, a resident of Orleans Parish, was sentenced by U.S. District Court Judge Jane Triche Milazzo to 87 months imprisonment, 5 years supervised release, and a $300 mandatory special assessment fee on Counts One, Two, and Three of a four-count indictment, announced U.S. Attorney Duane A. Evans.
Count One of the indictment charged GUITY with possession with intent to distribute dangerous substances in violation of Title 21, United States Code Sections 841(a)(1), (b)(1)(C), and (b)(1)(D). Count 2 charged GUITY with possession of a firearm in furtherance of a drug trafficking crime in violation of Title 18, United States Code Sections 924(c). Count 3 charged GUITY with possessing a machine gun in violation of Title 18, United States Code, Section 922(o).
On July 29, 2021, New Orleans Police Officers conducted a stop on a vehicle containing three individuals, including GUITY. During this stop, two of the occupants fled the vehicle but were later apprehended by officers. Officers also observed GUITY in the front passenger seat of the vehicle. After searching the vehicle, officers discovered illegal drugs and weapons, including a machine gun.
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.
U. S. Attorney Evans praised the work of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, the Louisiana State Police, and the New Orleans Police Department. The case was prosecuted by Assistant United States Attorney Inga Petrovich of the Violent Crime Unit.
New Orleans Man Federally Charged in a Superseding Indictment with Producing Files Depicting the Sexual Victimization of Children, Extorting Minor Females to Send Sexually Explicit Depictions, and Distribution and Receipt of Child Sexual Abuse MaterialRead the Press Release
NEW ORLEANS – On May 19, 2023 COLE DIGGS a/k/a Kevon Godson, age 29, a resident of New Orleans, was charged in a nine-count superseding indictment with production and attempted production of child sexual abuse material (CSAM), in violation of Title 18, United States Code, Section 2251(a), interstate communications with intent to extort, in violation of Title 18, United States Code, 875(d), and distribution and receipt of CSAM, in violation of Title 18, United States Code, 2252(a)(2), announced U.S. Attorney Duane A. Evans.
DIGGS faces a mandatory minimum term of imprisonment of fifteen (15) years and a maximum term of imprisonment of thirty (30) years as to each of Counts 1, 3,4, 5, and 6, a maximum term of imprisonment of two (2) years as to each of Counts 2 and 7, a mandatory minimum term of imprisonment of five (5) years and a maximum term of imprisonment of twenty (20) years as to Count 8, and a minimum term of imprisonment of five (5) years and a maximum sentence of twenty (20) years as to Count 9. DIGGS also faces a lifetime of supervised release and up to a $250,000 fine that applies to each count. DIGGS also faces payment of a mandatory special assessment fee per count and can be required to register as a sex offender.
U. S. Attorney Evans reiterated that a superseding indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg, Chief of the Public Integrity Unit, is in charge of the prosecution.
New Jersey Man Indicted in Money Laundering Conspiracy SchemeRead the Press Release
WILMINGTON, Del. – A federal indictment was unsealed today charging Angel Mendez, a resident of New Jersey, with one count of conspiracy to commit money laundering.
According to the indictment, between July 2020 and January 2021, defendant Angel Mendez, 33, conspired with other persons to launder millions of dollars of illicit proceeds derived from Business Email Compromise (“BEC”) schemes. A BEC is a type of internet fraud that occurs when an employee of a company is fooled into interacting with an email message that appears to be, but is not, legitimate. Criminal actors use such schemes to defraud companies into sending large payments to their criminal organization instead of the intended legitimate recipient.
Specifically, the Indictment alleges that Mendez laundered money that derived from two separate BECs: a fraud perpetrated on “Victim A” and a fraud perpetrated on “Victim B.” The Indictment alleges that bank accounts controlled by Mendez received, and subsequently laundered or attempted to launder, over $2.1 million fraudulently obtained from “Victim A” and over $1.2 million fraudulently obtained from “Victim B.”
Mendez is charged with conspiracy to commit money laundering. If convicted, he faces a maximum penalty of 20 years imprisonment. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
David C. Weiss, U.S. Attorney for the District of Delaware, and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office, made the announcement. The FBI Baltimore Cyber Task Force also assisted with this investigation. Assistant U.S. Attorneys Jesse S. Wenger and Samuel S. Frey are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 23-44.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
New Hampshire Man Who Shipped Kilos of Fentanyl in the Mail, to Grand Rapids and Across the Country, Sentenced to PrisonRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Craig Warme, 24, of New Hampshire was sentenced to 156 months in the Bureau of Prisons after he pleaded guilty to conspiring to distribute fentanyl. U.S. District Court Judge Jane M. Beckering also ordered that when Warme is released from prison, he will be on supervised release for three years.
“Foolishly, Mr. Warme thought he could illegally operate an online store on the dark web trafficking poison across our state and country,” said U.S Attorney Totten. “My office will hold traffickers peddling drugs accountable.”
From June 2022 through December 2022, Warme operated an online store on the dark web under the username “DopeKingUSA.” Warme advertised various forms of heroin for sale on the site and mailed drug orders across the country, including to several customers and undercover investigators in Grand Rapids, using the United States Postal Service. Investigators determined that the drugs that Warme provided were actually fentanyl, not heroin, as advertised. Warme received a total of $417,355 in gross sales in the seven months his dark web store was operational. The Court found that he was responsible for trafficking more than 10 kilograms of fentanyl during that time.
“Postal inspectors work every day to prevent the flow of illicit drugs through the U.S. mail and to ensure the safety and security of the American people,” said Inspector in Charge Rodney Hopkins of the U.S. Postal Inspection Service’s Detroit Division. “This investigation and resulting sentence imposed today on Craig Warme is a testament to the commitment postal inspectors and our law enforcement partners have to identifying and seeking prosecution of individuals who are deliberately distributing deadly fentanyl into our communities. The Postal Inspection Service is committed to combatting the opioid and fentanyl epidemic by pursuing drug traffickers who attempt to exploit the distribution channels of the Postal Service while wrongly believing the dark web allows them to engage in criminal activity with anonymity.”
“This investigation clearly demonstrates the dark web does not provide a safe haven from which criminals can anonymously distribute fentanyl and other illicit drugs,” said DEA Special Agent in Charge Orville Greene. “DEA and our partners will relentlessly pursue individuals like Mr. Warme, no matter where they operate or the means by which they distribute their illicit and deadly products.”
This case was investigated by the United States Postal Inspection Service and the Drug Enforcement Administration, with assistance from the Michigan State Police Metropolitan Enforcement Team and the New Hampshire State Police.
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New Bedford Man Pleads Guilty to Fentanyl ConspiracyRead the Press Release
BOSTON – A New Bedford man pleaded guilty today in federal court in Boston to his role in a drug trafficking organization (DTO) operating in Southeastern Massachusetts and Rhode Island.
Edwin Collazo, 27, pleaded guilty to conspiracy to distribute and to possess with intent to distribute fentanyl; and to possession with intent to distribute fentanyl. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Sept. 5, 2023. Collazo was indicted by a federal grand jury in August 2022.
Between approximately March 2022 and June 2022, Collazo purchased fentanyl from the DTO that he then redistributed to others. Intercepted communications revealed Collazo discussing purchasing fentanyl from the DTO and surveillance footage showed other members of the DTO visiting Collazo’s residence for brief periods of times, which is consistent with illegal drug trafficking. Fentanyl was also seized during a search of Collazo’s residence in July 2022.
The charge of conspiracy to distribute and to possess with intent to distribute fentanyl provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; New Bedford Police Chief Paul Oliveira; and Fairhaven Police Chief Michael J. Myers made the announcement today. Special assistance was provided by the Massachusetts State Police; Homeland Security Investigations; Bristol County Sherriff’s Office; and Fall River, Taunton, Attleboro, Scituate, Yarmouth, Providence (R.I.) and West Warwick (R.I.) Police Departments. Assistant U.S. Attorney John T. Mulcahy of Levy’s Narcotics & Money Laundering Unit is prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
NE Georgia Man Convicted of Distributing Child Sexual Abuse MaterialRead the Press Release
ATHENS, Ga. – A Madison County, Georgia, resident was convicted by a federal jury yesterday evening of distributing and possessing child sexual abuse material (CSAM), days after GBI investigators discovered evidence that he was continuing to distribute CSAM on a social media app and had concurrently cut off his ankle monitor to escape custody.
Christopher Snow, 35, of Carlton, Georgia, was convicted on June 7 of one count of distribution of child sexual abuse material and one count of possession of child sexual abuse material following a two-day trial that began on June 6 before U.S. District Judge Tilman E. Self, III. Snow faces a mandatory minimum of five years up to a maximum sentence of 20 years in prison and a $250,000 fine for each count, for a maximum of 40 years in prison. In addition, he is facing up to a lifetime of supervised release and will have to register as a sex offender upon release from federal prison. Snow will remain in federal custody awaiting sentencing on Oct. 3 in Athens.
“By cutting his ankle monitor prior to trial, Snow attempted to evade justice for actively distributing and possessing child sexual abuse material involving young children; he’s lost his freedom and will no longer be able to hurt innocent and vulnerable kids in this way,” said U.S. Attorney Peter D. Leary. “It often takes many different groups to stop a child predator, as demonstrated in this case. I am thankful for the excellent collaboration at every level to protect children.”
“This conviction serves as a strong reminder of our commitment to protecting children from the atrocities of child sexual abuse. The GBI remains resolute in its pursuit of justice and will not tolerate those who exploit the innocence of our most vulnerable population,” said GBI Director Mike Register.
“Snow not only distributed the disturbing material for years but didn’t stop even after he was under arrest and facing trial,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “We will continue to work with our law enforcement partners to ensure that people like this receive their full measure of justice.”
According to court documents and evidence presented at trial, GBI received a Cybertip from the National Center for Missing and Exploited Children (NCMEC) in Aug. 2018 that a Facebook user distributed suspected CSAM via Facebook Messenger. As a part of their investigation, GBI was able to determine that the user of that Facebook account resided in Carlton, Madison County, Georgia. A search warrant was executed at Snow’s residence in Carlton; law enforcement seized several electronic devices that Snow kept in a padlocked room. A digital forensic examiner later determined that those electronic devices, including the phone that was found on Snow the day of the search warrant, contained at least 45 images and 17 videos of CSAM. The material contained images of children under the age of 12.
As a condition of Snow’s pretrial release, he was required to wear an ankle monitor and not have access to electronic devices. On June 1, 2023, GBI received an additional Cybertip indicating that Snow may have been continuing to distribute CSAM on the Kik messenger app in 2022, while awaiting trial. Snow was scheduled for a federal hearing on June 2 prior to his trial but cut off his ankle monitor on June 1. A bench warrant was issued for his arrest, and he was taken into custody by the U.S. Marshals on June 5.
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 the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the GBI, with assistance from the FBI, the U.S. Marshals Service and the National Center for Missing and Exploited Children.
Assistant U.S. Attorneys Alex Kalim and Robert McCullers are prosecuting the case for the Government.Michael Wayne Lee Sentenced for Drug Offenses Related to an Overdose DeathRead the Press Release
GREENEVILLE, Tenn. – On June 8, 2023, Michael Wayne Lee, 45 of Blaine, Tennessee, was sentenced to 87 months in prison by the Honorable Clifton Corker, United States District Judge, in the United States District Court for the Eastern District of Tennessee at Greeneville. Following his imprisonment, Lee will be on supervised release for three years.
Following a 4-day trial, ending on January 27, 2023, Lee was convicted by the jury of Conspiring to Distribute Fentanyl in violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(C); Abetting the Distribution of Fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(c), and 18 U.S.C. § 2; and Using a Communication Facility to Conspire to Distribute Fentanyl, in violation of 21 U.S.C. §§ 843(b) and (d)(1).
According to court documents and evidence presented at trial, on May 15, 2020, two inmates at the former Northeast Correctional Complex, Carter County Annex (NECX) of the Tennessee Department of Corrections (TDOC) were transported to a local hospital for treatment related to a fentanyl overdose; one inmate died. The Tennessee Bureau of Investigation (TBI) and TDOC investigators responded to the facility to investigate the incident. During the investigation, they learned that Lee, an inmate at NECX, used a contraband cell phone to communicate with a co-defendant, Debra Kathleen Vekasi. Vekasi would acquire narcotics and transport them to Carter County. She would hide the narcotics in tennis balls, which were thrown over a security fence and into the recreation yard. Inmates would collect the narcotics-filled tennis balls for Lee, who would distribute the drugs throughout NECX. On May 15, 2020, the narcotics that Vekasi provided to the inmate in NECX included 30 fake oxycodone pills that contained fentanyl. A search of Vekasi’s cell phone included text messages between her and Lee that discussed the receipt and distribution of narcotics, as well as the receipt and payment of money for the narcotics.
On May 25, 2023, Vekasi, 70, of Knoxville, Tennessee, who was also convicted at trial, was sentenced by the Honorable Clifton Corker to time served (28 months) and three years of supervised release, for her role in the conspiracy.
The criminal indictment was the result of an investigation by the TBI and TDOC’s Office of Inspection and Compliance. The investigation was led by Special Agent Jason Roark of TBI.
Assistant United States Attorneys B. Todd Martin and Mac D. Heavener represented the United States.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Mexican National Pleads Guilty to Conspiracy to Transport Unauthorized AliensRead the Press Release
FARGO – United States Attorney Mac Schneider, District of North Dakota, announced that on June 7, 2023, Rodolfo Arzola-Carrillo, age 39, Mexican National residing in Tifton, Georgia, pled guilty in Federal Court, Fargo, ND, before Chief Judge Peter D. Welte, to the offense of Conspiracy to Transport Unauthorized Aliens. Chief Judge Welte imposed the sentence of 18 months in Federal Prison, one-year supervised release and $100.00 Special Assessment.
An investigation determined that Rodolfo Arzola-Carrillo conspired, coordinated, and partially carried out the smuggling of a group of seven undocumented noncitizens from Mexico, including two minor children, across the United States - Canada border into North Dakota and down to Georgia in November 2022. The plan fell apart when weather conditions deteriorated, putting lives at risk. The harsh temperature, snow, and wind caused the group to seek assistance from the Pembina County Sheriff’s Office, who responded to aid all nine individuals and then alerted U.S. Border Patrol.
Arzola-Carrillo’s co-defendant, Ernesto Falcon Jr., is set for a change-of-plea and sentence hearing on August 21, 2023.
“As this case and others have shown, attempting to smuggle human beings across the northern border is not just illegal and exploitative, it is also a threat to human life,” Schneider said. “The U.S. Attorney’s office will continue working with the U.S. Border Patrol and our partners in federal, state, and local law enforcement to hold smugglers accountable, maintain the rule of law, and keep people safe.”
“The collaboration between law enforcement agencies and the U.S. Attorney’s Office in this case was outstanding. This incident is a testament to our long-standing partnership with the Pembina County Sheriff’s Office. Human smuggling can be very dangerous and I’m glad that this came to a successful law enforcement resolution. As a reminder, anyone who puts their lives in the hands of a smuggler, is putting their life, and the lives of their family at risk.” Chief Patrol Agent Scott D. Garrett said.
This case was investigated by the United States Border Patrol, with assistance from the Pembina County Sheriff’s Office and Homeland Security Investigations and prosecuted by Assistant U.S. Attorney Jacob T. Rodenbiker.
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Mercer Man Pleads Guilty to Threats against FBIRead the Press Release
PITTSBURGH, PA - A resident of Mercer, Pennsylvania, pleaded guilty in federal court to charges of interstate threats and influencing or retaliating against a federal officer by threat, Acting United States Attorney Troy Rivetti announced today.
Adam Bies, age 47, pleaded guilty to fourteen counts before United States District Judge William S. Stickman IV.
In connection with the guilty plea, the court was advised that Bies made threats to murder, injure, and assault agents of the Federal Bureau of Investigation (FBI) in the days following the FBI’s search of former President Donald Trump’s home in Florida on August 8, 2022, pursuant to a federal search warrant.
Sentencing in this matter has been scheduled for October 4, 2023. The law provides for a total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Pending sentencing, the court ordered that the defendant be detained.
Assistant United States Attorney Jeffrey R. Bengel is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Adam Bies.
Mercer County Man Sentenced to 130 Months in Prison for Role in Drug Trafficking OrganizationRead the Press Release
TRENTON, N.J. – A Mercer County, New Jersey, man was sentenced today to 130 months in prison for his role as the leader of a Trenton drug-trafficking organization responsible for the distribution of heroin in the Trenton area, U.S. Attorney Philip R. Sellinger announced.
Robert M. Gbanapolor, 36, of Trenton, previously pleaded guilty by videoconference before U.S. District Judge Michael A. Shipp to a superseding indictment charging him with one count of conspiracy to distribute 100 grams or more of heroin; one count of possession with intent to distribute 100 grams or more of heroin; and one count of distribution and possession with intent to distribute a detectable amount of heroin.
According to documents filed in the case and statements made in court:
From June 2018 through May 2019, Gbanapolor and others engaged in a heroin trafficking conspiracy in the areas of Stuyvesant, Hoffman, and Highland avenues in Trenton, as well as in the area of Barbary Road in Philadelphia, Pennsylvania. Gbanapolor obtained regular bulk supplies of heroin from Duane Paulino-Escalera, whom Gbanapolor referred to as “Papi.” Gbanapolor, in turn, distributed this heroin for profit to other members of the drug-trafficking organization, who distributed the heroin in and around Trenton. Paulino-Escalera pleaded guilty in January 2020 and was sentenced on May 7, 2021, to five years in prison.
In addition to the prison term, Judge Shipp sentenced Gbanapolor to four years of supervised release.
U.S. Attorney Sellinger credited special agents of the U.S. Drug Enforcement Administration, New Jersey Division, Camden Resident Office, under the direction of Special Agent in Charge Cheryl Ortiz; and task force officers of the Trenton Police Department, under the direction of Police Director Steve Wilson, with the investigation leading to today’s sentencing. He also thanked detectives and officers of the Gloucester County Prosecutor’s Office, under the direction of Acting Prosecutor Christine A. Hoffman; detectives and officers of the Gloucester Township Police Department, under the direction of Chief David Harkins; members of the N.J. State Police, under the direction of Col. Patrick J. Callahan; detectives and officers of the Bordentown Township Police Department, under the direction of Chief Brian Pesce; and special agents of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Bryan Miller.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The government is represented by Assistant U.S. Attorneys Eric A. Boden, Attorney in Charge of the Trenton Office, and Michelle Gasparian, Chief of the Organized Crime/Gangs Unit in Newark.
Massachusetts Man Arrested for Knowingly Concealing the Source of Material Support or Resources to a Foreign Terrorist OrganizationRead the Press Release
BOSTON – A Wakefield, Mass. man was arrested today for knowingly concealing the source of material support or resources that he intended to go to a foreign terrorist organization, namely the Islamic State of Iraq and al-Sham (ISIS).
Mateo Ventura, 18, was charged today in a criminal complaint with one count of knowingly concealing the source of material support or resources to a foreign terrorist organization. Ventura will appear in federal court in Worcester at 12:30 p.m. today before U.S. District Court Magistrate Judge David H. Hennessy.
According to the charging documents, Ventura provided multiple gift cards to an individual he believed was an ISIS supporter, with the intention that the gift cards be sold on the dark web for a little less than face value and resulting profits be used to support ISIS. Ventura allegedly stated that he wanted the proceeds to go to ISIS “for war on kuffar,” (disbelievers). In total, it is alleged that between January and May 2023, Ventura donated $705 intended to support ISIS.
The charge of knowingly concealing the source of material support or resources to a foreign terrorist organization provides for a sentence of up to 10 years in prison, up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Assistant Attorney General Matthew G. Olsen for the Justice Department’s National Security Division; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. The Massachusetts State Police and Wakefield Police Department provided valuable assistance. Assistant U.S. Attorneys Timothy H. Kistner and Laura J. Kaplan of Levy’s National Security Unit are prosecuting the case. Valuable assistance was provided by Trial Attorneys Charles Kovats and Andrea Broach of the Justice Department’s National Security Division.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Maryland Man Pleads Guilty to Federal Firearms ChargesRead the Press Release
Baltimore, Maryland – Elias Nick Costianes, age 44, formerly of Nottingham, Maryland, pleaded guilty today to possession of firearms and ammunition by an unlawful user of any controlled substance.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
According to his plea agreement, on February 12, 2021, the FBI executed search warrants at Costianes’s residence, his vehicle, and on his cellphone. Costianes was taken into custody pursuant to an arrest warrant issued by the U.S. District Court for the District of Columbia. Costianes was advised of his Miranda rights and voluntarily agreed to be interviewed. Costianes told agents that he kept four firearms in cases in the basement. Law enforcement searched the basement and recovered the four firearms described by Costianes: a 9mm pistol; a M&P 15 semi-automatic rifle; a .223 caliber semi-automatic rifle; and a 12-gauge shotgun, as well as thousands of rounds of ammunition, including 9mm, .22 caliber, .223 caliber, and shotgun cartridges. A box containing 100 rounds of 9mm ammunition was also found in the trunk of Costianes’ vehicle. Two of the firearms were semiautomatic and capable of accepting a large-capacity magazine.
As detailed in his plea agreement, during the search, law enforcement also recovered marijuana and four vials containing either testosterone enanthate or testosterone cypionate, both controlled substances. The electronic evidence from Costianes’ phone, including photographs and text message conversations, revealed that Costianes illegally used cocaine, testosterone, and marijuana and that his use of each substance was consistent, prolonged, and recent. Constianes admitted that not only did he purchase cocaine and testosterone for his personal use, but that he also conspired to distribute, and did distribute, cocaine and testosterone to others.
Costianes and the government have agreed that, if the Court accepts the plea agreement, the government will recommend that Costianes not be sentenced to more than 37 months in prison. Chief U.S. District Judge James K. Bredar has scheduled sentencing for September 25, 2023, at 10 a.m.
United States Attorney Erek L. Barron commended the FBI for its work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Jeffrey J. Izant and P. Michael Cunningham, who are prosecuting the federal case. Mr. Barron also thanked Paralegals Andrew Branigan, Mark Phares, Matthew Kerrigan, and Derek Harwerth, and Intelligence Research Specialist Angelina Thompson for their assistance.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Louisville Felon Sentenced to Federal Prison for Illegally Possessing FirearmRead the Press Release
Louisville, KY – A Louisville man was sentenced today for possessing a firearm by a convicted felon.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, United Stated Marshal Gary B. Burman of the Western District of Kentucky, Special Agent in Charge R. Shawn Morrow of the ATF Louisville Field Division, and Chief Jacquelyn Gwinn-Villaroel of the Louisville Metro Police Department made the announcement.
According to court documents, Danny Lee Maupin, 39, was sentenced to 2 years in prison, followed by a 3-year term of supervised release, for possession of a firearm by a convicted felon. Maupin was found in possession of a firearm on September 21, 2021, when he was arrested by the United States Marshals Service Western Kentucky Regional Task Force pursuant to a Jefferson Circuit Court warrant for his failure to appear for charges of complicity to attempted arson in the second degree.
The case was investigated by the USMS, the ATF, and the LMPD.
Assistant U.S. Attorney Mac Shannon prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Lavaca Man Sentenced in $134 Million COVID-19 Health Care Fraud and Money Laundering SchemeRead the Press Release
FORT SMITH – A Lavaca, Arkansas, man was sentenced today to 15 years in prison followed by three years of supervised release and ordered to pay $29,835,825.99 in restitution for conspiracy to commit health care fraud and money laundering.
Billy Joe Taylor, age 44, pleaded guilty to conspiracy to commit health care fraud and money laundering on October 27, 2022. According to court documents, Taylor and his co-conspirators submitted more than $134 million in false and fraudulent claims to Medicare in connection with diagnostic laboratory testing, including urine drug testing and tests for respiratory illnesses during the COVID-19 pandemic, that were medically unnecessary, not ordered by medical providers, and not provided as represented. Taylor and his co-conspirators obtained medical information and private personal information for Medicare beneficiaries, and then misused that confidential information to repeatedly submit claims to Medicare for diagnostic tests. According to court documents, Taylor and his co-conspirators received more than $38 million from Medicare on those fraudulent claims.
U.S. Attorney David Clay Fowlkes for the Western District of Arkansas; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge James A. Dawson, of the FBI’s Little Rock division; Special Agent in Charge Jason Meadows of the Department of Health and Human Services-Office of Inspector General (HHS-OIG), Dallas Regional Office; and Special Agent in Charge Christopher Altemus of the IRS-Criminal Investigation, Dallas Field Office, made the announcement
The FBI, HHS-OIG, and IRS-Criminal Investigation investigated the case.
First Assistant U.S. Attorney Kenneth Elser of the U.S. Attorney’s Office for the Western District of Arkansas and Senior Litigation Counsel Jim Hayes and Trial Attorney D. Keith Clouser of the Criminal Division’s Fraud Section’s National Rapid Response Strike Force prosecuted the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 25 federal districts, has charged more than 5,000 defendants who collectively have billed federal health care programs and private insurers more than $24 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
Lavaca Man Sentenced in $134 Million COVID-19 Health Care Fraud and Money Laundering SchemeRead the Press Release
FORT SMITH – A Lavaca, Arkansas, man was sentenced today to 15 years in prison followed by three years of supervised release and ordered to pay $29,835,825.99 in restitution for conspiracy to commit health care fraud and money laundering.
Billy Joe Taylor, age 44, pleaded guilty to conspiracy to commit health care fraud and money laundering on October 27, 2022. According to court documents, Taylor and his co-conspirators submitted more than $134 million in false and fraudulent claims to Medicare in connection with diagnostic laboratory testing, including urine drug testing and tests for respiratory illnesses during the COVID-19 pandemic, that were medically unnecessary, not ordered by medical providers, and not provided as represented. Taylor and his co-conspirators obtained medical information and private personal information for Medicare beneficiaries, and then misused that confidential information to repeatedly submit claims to Medicare for diagnostic tests. According to court documents, Taylor and his co-conspirators received more than $38 million from Medicare on those fraudulent claims.
U.S. Attorney David Clay Fowlkes for the Western District of Arkansas; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge James A. Dawson, of the FBI’s Little Rock division; Special Agent in Charge Jason Meadows of the Department of Health and Human Services-Office of Inspector General (HHS-OIG), Dallas Regional Office; and Special Agent in Charge Christopher Altemus of the IRS-Criminal Investigation, Dallas Field Office, made the announcement
The FBI, HHS-OIG, and IRS-Criminal Investigation investigated the case.
First Assistant U.S. Attorney Kenneth Elser of the U.S. Attorney’s Office for the Western District of Arkansas and Senior Litigation Counsel Jim Hayes and Trial Attorney D. Keith Clouser of the Criminal Division’s Fraud Section’s National Rapid Response Strike Force prosecuted the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 25 federal districts, has charged more than 5,000 defendants who collectively have billed federal health care programs and private insurers more than $24 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Laurel man admits illegally possessing firearms after law enforcement finds 35 guns in his residenceRead the Press Release
BILLINGS — A Laurel man today admitted he illegally possessed firearms and ammunition after law enforcement found 35 firearms and thousands of rounds of ammunition in his residence, U.S. Attorney Jesse Laslovich said.
Nicholas Steven Capella, 38, pleaded guilty to prohibited person in possession of a firearm and ammunition as charged in an indictment. Capella faces a maximum of 15 years in prison, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Susan P. Watters. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Capella was detained pending further proceedings.
The government alleged in court documents that in August 2022, members of the Billings Police Department’s Street Crimes Unit were surveilling a residence in Laurel when Capella and another person left the house and got into a vehicle that was parked outside. Capella had a pistol holstered on his hip. Officers converged on the vehicle, placed Capella and the other person in custody and advised them of their rights. A search warrant was executed at the residence. During the search, Capella agreed to open a gun safe, which contained a large cache of firearms. Law enforcement seized 35 firearms and thousands of rounds of ammunition. Capella was prohibited of possessing firearms because of felony convictions in Washington.
Assistant U.S. Attorney Colin M. Rubich is prosecuting the case. The Billings Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Lafourche Parish Man Charged with Violations of the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LA – DELVIN EDMOND, age 32, of Thibodaux, La., was charged on June 2, 2023 in a recently unsealed five-count indictment, announced U.S. Attorney Duane A. Evans.
EDMOND is charged with the following offenses:
Count 1-Conspiracy to Distribute and Possess with Intent to Distribute 50 grams or more of methamphetamine in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A), and 846;
Count 2-Distribution of 50 grams or more of Methamphetamine in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A);
Count 3-Distribution of 5 grams or more Methamphetamine and a quantity of Fentanyl in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(B) (methamphetamine), and 841(b)(1)(C) (fentanyl);
Count 4-Possession with Intent to Distribute a quantity of Methamphetamine in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C); and
Count 5-Distribution of 50 grams or more Methamphetamine in violation to Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A).
For Counts 1, 2, and 5, EDMOND faces a statutory minimum sentence of 10 years up to life imprisonment, a fine of up to $10,000,000, and at least five years of supervised release following any term of imprisonment.
For Count 3 (Methamphetamine), EDMOND faces a statutory minimum sentence of 5 years up to forty years imprisonment, a fine of up to $5,000,000, and at least four years of supervised release following any term of imprisonment.
Count 3 (fentanyl) and 4, EDMOND with possession with intent to distribute a quantity of methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C). For this offense, he faces up to twenty years imprisonment, a fine of up to $1,000,000, and at least three years of supervised release following any term of imprisonment.
For each of the counts for which EDMOND is charged, he faces a $100 mandatory special assessment fee.
United States Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
This case was investigated by the U.S. Drug Enforcement Administration and the Thibodaux Police Department. This case is being prosecuted by Assistant United States Attorney Stuart Theriot of the Narcotics Unit.
LaPorte Man Sentenced to 210 months in PrisonRead the Press Release
SOUTH BEND – Donta Bridges, 39 years old, of LaPorte, Indiana, was sentenced by United States District Court Chief Judge Jon E. DeGuilio after being found guilty by a jury in October 2022 of heroin distribution, attempted heroin distribution, possession with intent to distribute controlled substances, and being a felon in possession of a firearm, announced United States Attorney Clifford D. Johnson.
Bridges was sentenced to 210 months in prison followed by 6 years of supervised release.
According to documents in the case, in the fall of 2019, Bridges was selling various substances to include heroin, fentanyl, methamphetamine, and the horse tranquilizer xylazine. During one sale, Bridges told a customer to be careful with the drugs because Bridges knew that someone had overdosed on the drugs he was selling. During the execution of a search warrant at his house, investigators recovered a gun along with heroin, cocaine, and methamphetamine. Bridges was sentenced on the instant offense as a career offender based on his two prior felony convictions for controlled substance offenses; possession with intent to distribute crack cocaine and heroin distribution.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the LaPorte County Drug Task Force. This case was prosecuted by Assistant United States Attorneys Kimberly L. Schultz and Jerome W. McKeever.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Kern High School District Employee Charged with Federal Explosive OffensesRead the Press Release
FRESNO, Calif. — A federal grand jury returned a six-count indictment today against Angelo Jackson Mendiver, 26, of Bakersfield, an employee of the Kern High School District, charging him with conspiring to commit offenses against the United States; engaging in manufacturing and dealing in explosive materials; two counts of mailing an explosive device; improper storage of explosives; and making false statements to agents of the Federal Bureau of Investigation, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Mendiver used an Instagram account to sell explosives and explosive materials and worked closely with a male juvenile Bakersfield high school student to fulfill transactions. A federal search warrant executed at Mendiver’s residence on June 1, 2023, resulted in the seizure of approximately 500 pounds of explosives and explosive materials. Agents seized another 500 pounds of explosives and explosive materials from the juvenile’s residence.
This case is the product of an investigation by the Federal Bureau of Investigation with assistance from U.S. Postal Inspection Service, the Kern County Sheriff’s Office, and the Bakersfield Police Department. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Mendiver is scheduled for arraignment on the indictment on June 15, 2023. If convicted of engaging in the manufacture and dealing in explosive materials, Mendiver faces a maximum statutory penalty of 10 years in prison and a $250,00 fine. If convicted of making false statements to the FBI and conspiring to commit offenses against the United States, he faces a maximum statutory penalty for each count of five years in prison and a $250,000 fine. Mailing an explosive device and improper storage of explosives carry a maximum penalty for each count of one year in prison and a $100,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Justice Department Secures Settlement with Domino’s Pizza Franchisee to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with Maryland-based Treacy Enterprises Inc., which owns and operates several Domino’s Pizza franchises (Treacy Enterprises). The settlement resolves the department’s determination that Treacy Enterprises violated the Immigration and Nationality Act (INA) by requiring a non-U.S citizen worker to provide more documents than necessary to prove his permission to work, even though he had already shown sufficient documentation.
“While employers must verify every new hire’s permission to work in the United States, they can’t require unnecessary documents or discriminate based on someone’s citizenship status or national origin in the process,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue to fight to remove discriminatory barriers to employment.”
The department’s investigation began when a lawful permanent resident worker complained that Treacy Enterprises was requiring him to provide additional and unnecessary documentation to prove his permission to work instead of accepting the valid documentation he had already presented. The department determined that Treacy Enterprises discriminated against the worker by (1) demanding additional documentation to prove he could work rather than accepting the valid documents the worker had already provided and (2) requiring that the worker prove his citizenship status by showing a Permanent Resident Card (also known as a green card). Federal law allows workers to choose which valid, legally acceptable documentation to present to demonstrate their identity and permission to work, regardless of citizenship, immigration status or national origin. Employers cannot demand more documents than necessary or specific documentation as part of this process.
Under the settlement, Treacy Enterprises will pay a civil penalty to the United States. The agreement also requires the company to train its human resources staff on the INA’s requirements, revise its employment policies, and be subject to departmental monitoring and reporting requirements.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Find more information on how employers can avoid discrimination when verifying permission to work on IER’s website. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe for email updates from IER.
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Jury Finds District Man Guilty of Assault with Intent to Kill While Armed and Related Charges in Shooting of a Pregnant Woman in Southeast WashingtonRead the Press Release
WASHINGTON –Joshua Hemphill, 32, of Washington, D.C., was found guilty yesterday of two counts of assault with intent to kill while armed, and other charges, in an early morning shooting that took place in Southeast Washington on September 21, 2018, announced U.S. Attorney Matthew M. Graves and Interim Chief Ashan Benedict, of the Metropolitan Police Department (MPD). The jury also found Hemphill guilty of aggravated assault while armed, first-degree burglary while armed, multiple counts of contempt, and other firearms offenses. The verdict followed a trial in the Superior Court of the District of Columbia before the Honorable Lynn Leibovitz, who scheduled sentencing for August 11, 2023.
According to the government’s evidence, on September 21, 2018, Hemphill went to the home where his former romantic partner was staying with her friend. In a fit of rage, he fired one round into the door and made his way inside the apartment. He then chased the two women into a small closet where he fired two rounds from approximately three feet away. The first round hit the friend in the left hand and the second hit her in the back of her head. The friend was 24 weeks pregnant at the time she was shot. The victim received emergency neurosurgery at MedStar Washington Hospital Center and both she and her child survived.
Hemphill was arrested weeks later in Pennsylvania. Upon his return to the District of Columbia, Hemphill was ordered by a District of Columbia Superior Court Judge on October 24, 2018, to stay away and have no contact with his former romantic partner. Evidence showed that Hemphill violated that order numerous times between October 24, 2018, and April 29, 2019.
In announcing the verdict, U.S. Attorney Graves and Interim Chief Benedict commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the U.S. Marshals Service. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including former Assistant U.S. Attorneys Jennifer Loeb and Angela Buckner, current Assistant U.S. Attorneys Bonnie Thompson, Dana Joseph, Ryan Sellinger, and Jodi Lazarus, Appellate Assistant U.S. Attorneys Nick Coleman and Bryan Han, Paralegal Specialists Tiffany Fogle, Garcia Clarke, Lynda Randolph, and Tijuana McPhail, Supervisory Paralegal Specialists Linda McDonald and RaeShawn Johnson, Supervisory Victim Services Advocate Roderick Johnson, Victim/Witness Advocates Lu Lan and Rogers Dickerson, Witness Security Specialists Orlando Teel and Lesley Slade, Victim/Witness Service Coordinator Maenylie Watson, Criminal Investigations Unit Special Agent in Charge Tina Lukens, and Criminal Investigations Unit Special Agents Matthew Fox-Moles, and Nelson Rhone.
Finally, they commended the work of Assistant U.S. Attorneys LaVater Massie-Banks and Brian Yang, who investigated and prosecuted the case.
Juneau Man Pleads Guilty to Bank and Credit Union TheftRead the Press Release
JUNEAU – A Juneau man pleaded guilty to charges of Theft, Embezzlement, and Misapplication of Funds by a Person Connected in a Capacity with a Bank and Credit Union.
According to court documents, Austin Nolan Dwight Rutherford, 29, of Juneau plead guilty to Bank and Credit Union Theft. Between January 21, 2019, and March 2022, Rutherford was an armed transport guard for Axiom Armored Transport (Axiom), which provided armed transportation of U.S. Currency for U.S. Bank, Wells Fargo Bank, Key Bank, NuVision Credit Union, and Alaska USA Federal Credit Union and their customers Automatic Teller Machines (ATM). Rutherford started to steal funds when he was transferred to Axiom’s Juneau branch in March 2020 through May 2022. Rutherford was terminated March of 2022 but continued to make cash deposits into his bank accounts through May 2022 that were above and beyond any legitimate sources identified during the investigation. An internal audit determined that Rutherford stole a total of $579,400.00 in bank and credit union funds.
Rutherford is scheduled to be sentenced on August 17, 2023 and faces a maximum penalty of 30 years in prison, a fine of $1,000,000.00, and up to life on supervised release. Rutherford has agreed to pay restitution in the amount of $579,400.00 as part of his guilty plea. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney S. Lane Tucker of the District of Alaska made the announcement.
The Federal Bureau of Investigation is investigating the case.
Assistant U.S. Attorney Jack Schmidt is prosecuting the case.
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Jose Trujillo, Co-Defendant of Solomon Peña, Detained Pending TrialRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Jose Louise Trujillo was arraigned on an indictment charging him with: conspiracy, four counts of interference with federally protected activities, four counts of using and carrying a firearm during and in relation to a crime of violence, possession with intent to distribute 40 grams and more of fentanyl, and using and carrying a firearm during and in relation to a drug trafficking crime. Trujillo, 22, will remain in custody pending trial, which has not been scheduled.
A federal grand jury indicted Trujillo on May 24 along with Solomon Peña and Demetrio Trujillo. According to the indictment, Peña ran for District 14 of the New Mexico House of Representatives during the November 2022 mid-term elections. Following his electoral defeat in November 2022, Peña allegedly organized the shootings on the homes of two Bernalillo County commissioners and two New Mexico state legislators. The shootings were carried out between Dec. 4, 2022, and Jan. 3, 2023, with assistance from Trujillo.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Trujillo faces up to life in prison.
Solomon Peña, 40, is scheduled for arraignment and a detention hearing on June 9. If convicted, Peña faces up to life in prison.
Demetrio Trujillo, 41, is scheduled for arraignment and a detention hearing on June 13. If convicted, Demetrio faces life in prison.
The FBI Albuquerque Field Office investigated this case with the Albuquerque Police Department and the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Senior Litigation Counsel Victor R. Salgado of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Jeremy Peña and Patrick E. Cordova for the District of New Mexico are prosecuting the case.
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Johnstown Woman Sentenced to 60 Months in Prison and 4 Years of Supervised Release for Conspiring to Distribute and Possess with Intent to Distribute Cocaine, Heroin, and FentanylRead the Press Release
JOHNSTOWN, Pa. – A former resident of Johnstown, PA, has been sentenced in federal court to a total of 60 months in prison followed by 4 years of supervised release on her conviction of conspiracy to distribute and possess with intent to distribute cocaine, heroin, and fentanyl, Acting United States Attorney Troy Rivetti announced today.
Senior United States District Judge Kim R. Gibson imposed the sentence on Amber Lingafelt, age 40, of Johnstown, Pennsylvania.
According to information presented to the court, from on or about April 2019 to on or about July 2021, Lingafelt did conspire to distribute and possess with intent to distribute 28 grams or more of a mixture and substance containing a detectable amount of cocaine base, in the form commonly known as crack, a quantity of heroin, and a quantity of fentanyl.
Assistant United States Attorney Maureen Sheehan-Balchon prosecuted this case on behalf of the government.
Mr. Rivetti commended the Federal Bureau of Investigation, Laurel Highlands Resident Agency and Homeland Security Investigations for the investigation that led to the successful prosecution of Lingafelt. Additional agencies participating in this investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service – Criminal Investigation, the United States Postal Inspection Service, Pennsylvania Office of the Attorney General, Pennsylvania State Police, Cambria County District Attorney’s Office, Indiana County District Attorney’s Office, Cambria County Sheriff’s Office, Cambria Township Police Department, Indiana Borough Police Department, Johnstown Police Department, Upper Yoder Township Police Department, Richland Police Department, Ferndale Police Department and other local law enforcement agencies.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Insurance Broker Sentenced to over 4 Years in Federal Prison for Stealing More Than $1.2 Million from Clients’ Investment Accounts Through Ponzi SchemeRead the Press Release
INDIANAPOLIS- Bruce Ford, 50, of Centerpoint, Indiana has been sentenced to 51 months in federal prison after pleading guilty to five counts of wire fraud and two counts of money laundering.
According to court documents, Ford was licensed as an insurance broker in Indiana beginning in 2008. From January 1, 2013, through December of 2018, Ford stole approximately $1.2 million from at least ten victims through a fraudulent investment and Ponzi scheme.
On April 5, 2012, Ford created Ford Financial and Insurance Services. Through his company, Ford promoted investment services to current and former insurance clients and others despite the fact that he had not register himself or his company with the Indiana Securities Division, as required by law.
As part of his scheme and in order to induce his current and former insurance clients to invest with his company, Ford falsely held himself out to be a financial advisor and promised clients through false and misleading claims and omissions that he could provide higher returns on their investments than they would otherwise yield from their traditional and long-term investment products such as Individual Retirement Accounts and 401ks.
Ford induced his clients to cash out their retirement and other investment accounts and transfer the funds to Self-Directed Individual Retirement Accounts (SDIRA). Rather than invest the funds in real estate and business ventures as promised, Ford transferred the victims’ investment money out of their SDIRAs to his own personal bank accounts, and used the stolen money for his own purposes, including to pay his personal credit cards, and to purchase goods, services, a mobile-home, land, and a recreational vehicle. Some of Fords’ victims were already retired or were approaching retirement and were left to suffer substantial financial hardship.
Ford concealed his scheme for five years through Ponzi-scheme type payments—using funds wrongfully taken from some investors to pay purported returns to others.
In total, Ford fraudulently obtained $1,264,208.13 from his victims.
United States Attorney for the Southern District of Indiana, Zachary A. Myers and Herbert J. Stapleton, Special Agent in Charge of the FBI’s Indianapolis Field Office made the announcement.
“This defendant took advantage of the trust of Hoosier workers and retirees to steal the hard-earned savings intended to provide for the retirements they’d planned,” said U.S. Attorney for the Southern District of Indiana, Zachary A. Myers. “Crooks operating Ponzi schemes under the guise of providing financial services must be identified and held accountable for their crimes. The sentence imposed today is the result of our commitment—together with the FBI, Indiana’s Securities Division and all of our law enforcement partners—to protect investors from fraud.”
The Federal Bureau of Investigation and the Indiana Secretary of State Securities Division investigated this case. The sentence was imposed by U.S. District Court Judge James R. Sweeney. Judge Sweeney also ordered that Ford be supervised by the U.S. Probation Office for 3 years following his release from federal prison. Ford was also ordered to pay $1,089,708.13 in restitution.
U.S. Attorney Myers thanked Assistant United States Attorney Tiffany J. Preston, who prosecuted this case.
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Huntsville Man Sentenced to 20 Years in Federal Prison for Drug TraffickingRead the Press Release
FAYETTEVILLE – A Huntsville man was sentenced yesterday to 240 months in federal prison followed by three years of supervised release on one count of Distribution of Methamphetamine. The Honorable Judge Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court documents, since August 2022, detectives with the Benton County Drug Unit and special agents with Homeland Security Investigations had been conducting an on-going narcotics investigation into the distribution of methamphetamine in Northwest Arkansas. During the investigation, law enforcement conducted multiple controlled purchases of methamphetamine from Richard Patrick Horton, age 56. Subsequently, investigators learned that Horton was receiving methamphetamine through the mail. Law enforcement ultimately intercepted a package bound for Horton’s address that contained two large bundles of suspected methamphetamine.
The purchased and seized methamphetamine was later submitted to the Homeland Security Investigations Crime Laboratory for testing where it was tested and determined to be methamphetamine. Between the controlled purchases and the intercepted parcel, Horton was held accountable for over 2 kilograms of methamphetamine.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The Benton County Drug Unit and Homeland Security Investigations Fayetteville investigated the case.
Assistant U.S. Attorney Kevin Eaton prosecuted the case.
Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov.
Greenwood Village Psychiatrist Sentenced to Prison for Illegal Distribution of Controlled Substances and Financial CrimesRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Howard Weiss of Greenwood Village was sentenced to six months in federal prison for distributing a controlled substance outside the usual course of professional practice, for structuring financial transactions in a way to evade reporting requirements, and for engaging in monetary transactions greater than $10,000 that were derived from unlawful activity. After his custodial sentence, the defendant will face ten months of home confinement, as part of three years on supervised release. The 69-year-old also was ordered to forfeit $826,083.24 in criminal proceeds, pay $150,000 in community restitution, and surrender both his medical license as well his license to prescribe controlled substances.
According to the plea agreement, the Drug Enforcement Administration (DEA) and the Internal Revenue Service (IRS-CI) began an investigation into the defendant because of suspicious financial activity, reports related to his patients’ sale of controlled substances, and one patient’s poly-drug overdose death. The investigation revealed that the defendant was prescribing methamphetamine to several adult patients. Methamphetamine is a Schedule II stimulant with a high potential for abuse. The FDA has approved only one methamphetamine product for medical use in rare circumstances. When investigators looked in detail at Weiss' prescribing records they discovered other red flags, including poly-drug prescribing. It is unusual to prescribe high-dose stimulants with high-dose sedatives because of the drugs competing effects. Yet, the defendant routinely prescribed high-dose stimulants with high-dose sedatives. The defendant also regularly prescribed stimulants such as Adderall at the upper end of the usual dosing range and, sometimes, well beyond the upper end of the usual dosing range.
In July 2017, one of the defendant’s patients was arrested when the patient showed up to a drug deal with 119 methamphetamine pills prescribed by the defendant. The defendant’s prescriptions to that patient were outside the usual course and did not have a legitimate medical purpose. Further, the patient’s probation officer had previously contacted the defendant to warn about the patient’s methamphetamine addiction, but Weiss prescribed the methamphetamine anyway.
In addition, as described in the plea agreement, the defendant engaged in illegal banking activity. Federal regulations prohibit the “structuring” of financial transactions to thwart the requirement that banks file reports for currency deposits of more than $10,000. Between November 2015, and February 2018, the defendant made forty-five cash deposits in excess of $9,000 but below the $10,000 threshold, which would require the bank to file a Currency Transaction Report. Bank tellers reported occasions in which the defendant would show up with cash, ask for it to be counted, and then decline to deposit any amount more than $10,000.
“This defendant prioritized personal enrichment over the health and safety of his patients,” said U.S. Attorney Cole Finegan. “Thanks to the excellent investigation by our partners at DEA and IRS-CI, in addition to his prison sentence, the defendant will give up over $825,000 in criminal proceeds and will not be able to harm any more patients.”
“Howard Weiss knowingly and unlawfully distributed controlled substances outside the usual course of practice for no other purpose than greed,” said Acting Special Agent in Charge David S. Olesky. “Thanks to the dedicated team at the DEA Rocky Mountain Field Division, the IRS-CI Denver Office and our U.S. Attorney’s Office, Weiss ended up losing more than he gained and will never lawfully practice medicine again.”
“IRS-CI Special Agents are experts in uncovering the financial schemes criminals use to hide money gained through illegal activities,” said Andy Tsui, Special Agent in Charge, Denver Field Office. “Weiss’ desire for money, and his disregard for the welfare of his patients, led to an investigation into his financial activity and ultimately the severe financial penalties that were handed down today.”
United States District Court Judge Daniel D. Domenico presided over the sentencing on June 6, 2023.
This matter was investigated by the Drug Enforcement Administration and IRS-CI. Assistant United States Attorneys Bryan Fields and Jena Neuscheler are handling the prosecution. Assistant United States Attorney Elizabeth Young is handling the parallel forfeiture action.
Case Number: 21-cr-00233
Greenbrier County Man Pleads Guilty to Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – Raymond Matthew Ramos, 41, of Lewisburg, pleaded guilty today to distribution of a quantity of methamphetamine.
According to court documents and statements made in court, on June 29. 2022, Ramos sold a quantity of methamphetamine to a confidential informant in Alderson. Ramos admitted to that transaction and further admitted to selling quantities of methamphetamine to the confidential informant on July 6, 2022, in Beaver and on July 27, 2022, in Lewisburg.
On July 28, 2022, law enforcement officers executed a search warrant at a residence where Ramos was staying. Officers seized a quantity of methamphetamine, scales and packaging material, and over $1,000. The cash included recorded money from the July 27, 2022, drug transaction. Ramos admitted that he possessed the seized methamphetamine and intended to distribute it. Ramos also admitted to telling law enforcement officers that he distributed a half-pound of methamphetamine weekly between the third week of April 2022 and July 14, 2022.
Ramos is scheduled to be sentenced on September 29, 2023, and faces a maximum penalty of 20 years in prison, three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Greenbrier Valley Drug and Violent Crime Task Force. The Greenbrier Valley Drug and Violent Crime Task Force is composed of members of the West Virginia State Police, the Greenbrier County Sheriff’s Department, and the Lewisburg Police Department.
United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorneys Andrew D. Isabell and Timothy D. Boggess are prosecuting 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. 5:22-cr-228.
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Grand Jury Issues Superseding Indictment in $2.9 million dollar Paycheck Protection Program Fraud and Clean Air Act ConspiracyRead the Press Release
ST. LOUIS – A federal grand jury has issued a superseding indictment charging Christopher Lee Carroll with multiple counts of bank fraud, money laundering, making false statements to a financial institution, conspiracy to violate the Clean Air Act, violations of the Clean Air Act, and witness tampering. The federal grand jury also indicted the company run by Carroll, Whiskey Dix Big Truck Repair, with twenty-one counts of violating the Clean Air Act.
The superseding indictment charges Carroll with three counts of bank fraud, six counts of money laundering, and three counts of making false statements of a financial institution in connection with Carroll’s company, Square One Group’s, receipt of two fraudulent Paycheck Protection Program (PPP) loans, one in the amount of more than $1.2 million, and the second loan in the amount of more than $1.6 million.
The superseding indictment alleges that Carroll and his business partner, George Reed, submitted PPP loan applications in their spouses’ names, rather than their own names, to misrepresent and conceal Carroll’s status as a paroled felon, which would have precluded his company from receiving PPP funds. It is further alleged, that Carroll and Reed did not use the funds to compensate their employees, but instead, used the funds to start a trucking company called Whiskey Dix Big Truck Repair, and to fund $660,000 in payments to themselves. The superseding indictment further alleges that the company suspended their employees’ pay and health insurance coverage after applying for PPP funds.
The superseding indictment further alleges that Carroll and his company, Whiskey Dix Big Truck Repair, violated the Clean Air Act by unlawfully removing the emissions control systems from more than 30 diesel-fueled trucks, which caused the trucks to release between 30 and 300 more pollutants into the atmosphere. The superseding indictment also alleges that Carroll asked his employees to take the fall for the Clean Air Act violations, and when one of the employees indicated that he was going to talk to federal investigators, Carroll threatened not to pay for the employee’s attorney.
"Square One Group received nearly $3,000,000 in Paycheck Protection Program (PPP) funds intended to sustain their workforce during the COVID-19 pandemic crisis" said FBI Assistant Special Agent in Charge Chris Crocker. "Instead, company owners Chris Carroll and George Reed allegedly used those funds to start new businesses and compensate themselves all while laying off the very staff for whom those funds were intended.”
“The defendants violated the Clean Air Act by removing devices designed specifically to reduce pollution on more than 20 heavy-duty diesel trucks,” said Special Agent in Charge Lance Ehrig of EPA’s criminal investigation program in Missouri. “Diesel exhaust not only worsens air quality, but harms people’s health, in particular people with respiratory conditions like asthma and COPD, so when these illegal trucks travel through neighborhoods they are creating serious health problems for residents.”
Charges set forth in the superseding indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The case was investigated by the Federal Bureau of Investigation and the US Environmental Protection Agency Criminal Investigation Division.
Assistant U.S. Attorneys Gwendolyn Carroll and Matthew Drake are handling the case.
Georgia Man Pleads Guilty to Defrauding California Car DealershipRead the Press Release
SACRAMENTO, Calif. — Michael Uziewe, 63, of Grayson, Georgia, pleaded guilty today to one count of bank fraud related to an online scheme that defrauded a business owner in California and a second business owner in New Jersey, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Uziewe owned a purported business named God’s Word Christian Book Store. In March 2020, the first victim, an owner of a classic car dealership in Irvine, began communicating with a purported seller of two transmissions. At the seller’s direction, the victim sent more than $13,000 to the God’s Word business account that Uziewe controlled at Ameris Bank. The victim never received the transmissions.
Also, in April 2020, the second victim, an owner of a nail salon in Jersey City, New Jersey, sent more than $100,000 to Uziewe’s Ameris Bank account. She sent the funds to assist the return to the United States of an individual who claimed he was a surgeon working for the United Nations in Yemen and needed money to pay for costs associated with traveling to the United States.
When Uziewe attempted to withdraw the funds from the God’s Word account, he falsely claimed that they were proceeds of book sales.
This case is the product of an investigation by the Federal Bureau of Investigation and the U.S. Department of Defense Office of Inspector General. Assistant U.S. Attorney Matthew Thuesen is prosecuting the case.
U.S. District Judge Daniel J. Calabretta is scheduled to sentence Uziewe on Sept. 14, 2023. He faces up to 30 years in prison and a $1 million fine. The actual sentence, however, will be determined at the court’s discretion after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.