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Monday 5 June 2023
United States Attorney Ihlenfeld announces new domestic violence reduction initiativeRead the Press Release
MARTINSBURG, WEST VIRGINIA – United States Attorney William Ihlenfeld and a team of state and federal partners announced a new domestic violence reduction strategy on Monday, along with the first round of indictments that resulted from it.
Ihlenfeld unveiled the Berkeley County Domestic Violence Reduction Initiative alongside officials from the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Berkeley County Prosecuting Attorney’s Office; the Berkeley County Sheriff’s Office; the Martinsburg Police Department; and the Eastern Panhandle Empowerment Center.
The initiative was formed in January to protect domestic violence victims, take dangerous criminals off the streets, and enhance community safety. The program focuses on prosecuting violent offenders, keeping firearms out of the hands of criminals, and conducting training for law enforcement. The agencies involved meet regularly to share intelligence, make charging decisions, and provide support to victims.
“Domestic abusers are some of the most dangerous individuals in our community,” said United States Attorney Ihlenfeld. “This new and innovative approach will make Berkeley County safer for everyone, and especially for victims of domestic violence.”
Multiple federal indictments were returned in May under the initiative, including the following:
- Paul Richard Tomlinson, 23, of Martinsburg, West Virginia, was indicted on firearms, witness tampering, and interstate violations. According to court documents, Tomlinson had a protective order filed against him in Berkeley County. Tomlinson violated that order, having someone on his behalf contact the protected party, trying to persuade the victim to drop the protective order and claim ownership of a .22 caliber pistol that investigators say belongs to Tomlinson. He is prohibited from having firearms due to a prior conviction.
- Brian Michael Lewis, 42, of Levels, West Virginia, has been charged with two firearms charges involving eight firearms, two receivers, and ammunition. According to court documents, Lewis, who has previous convictions that prohibit firearms possession, was arrested after officers responded to a domestic violence call and found the various firearms, including an unregistered short-barrel rifle.
- Gabriel Ian Smith, 45, of Falling Waters, West Virginia, was charged with one firearms violation. Smith, who cannot have firearms because of a domestic battery conviction in Berkeley County, had a 9mm pistol and ammunition.
- Justin Scott Shaw, 34, of Martinsburg, West Virginia, was indicted on a firearms charge for having a 9mm pistol and ammunition despite a domestic battery conviction in Berkeley County.
Investigators on the cases include the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Federal Bureau of Investigation; the Berkeley County Sheriff’s Office; the Martinsburg Police Department; and the Hampshire County Sheriff’s Office. The Jefferson County Prosecutor’s Office and the Hampshire County Prosecutor’s Office assisted.
Special Assistant U.S. Attorney Adam Ward, also with the Jefferson County Prosecutor’s Office, is prosecuting the cases on behalf of the government.
An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Un Guardia De Seguridad Armado En El 26 De Federal Plaza Acusado Por Infringir Los Derechos Constitucionales De Una Persona Utilizando Agresión Sexual A La FuerzaRead the Press Release
Damián Williams, el Fiscal de los Estados Unidos del Distrito Sur de Nueva York, y Michael J. Driscoll, el Subdirector a Cargo de la Oficina Local en Nueva York del Buró Federal de Investigaciones ("FBI"), han anunciado hoy que JIMMY SOLANO-ARIAS, un ex guardia de seguridad armado en el Jacob K. Javits Federal Office Building ubicado en el 26 de Federal Plaza en Manhattan, fue formalmente acusado por un Gran Jurado Federal, por haber violado los derechos constitucionales de un solicitante de asilo (la "Víctima") por forzar a la víctima, y haber utilizado amenaza de muerte o lesiones corporales graves, para que la misma realizara sexo oral en SOLANO-ARIAS mientras dicha víctima estaba adentro de una oficina cerrada en el 26 de Federal Plaza. SOLANO-ARIAS fue arrestado y se le imputó un cargo por Querella Federal, el 5 de mayo del 2023. El caso está asignado al Juez de Distrito de los Estados Unidos, su Señoría, El Honorable Paul G. Gardephe.
El Fiscal de los Estados Unidos, Damián Williams ha dicho: "Como se ha alegado, Jimmy Solano-Arias, un guardia de seguridad armado que tenía la tarea de mantener seguros a los muchos empleados federales y visitantes del 26 de Federal Plaza, usó su uniforme y arma de fuego para obligar a una persona vulnerable que buscaba asilo a que le practicara sexo oral en su persona. Esta Oficina se compromete a responsabilizar a todos aquellos que actúan bajo el manto de la ley cuando abusan de su poder e infringen los derechos constitucionales de los demás. Alentamos a cualquier persona que pueda tener información adicional sobre la conducta de Jimmy Solano-Arias, que llame al FBI al 1-800-CALL-FBI".
El Subdirector a Cargo del FBI, Michael J. Driscoll ha dicho: "Como se alega, Solano-Arias, quien estaba empleado como guardia de seguridad armado asignado al 26 de Federal Plaza, agredió sexualmente a la víctima, que había venido al edificio para completar su papeleo de asilo. Al hacerlo, violó los derechos constitucionales de la víctima a través de la agresión sexual forzada. Tal y cómo la Acusación Formal por Gran Jurado de hoy debiera demostrar, el FBI nunca tolerará este tipo de actividad, y Solano-Arias se verá obligado a enfrentar las consecuencias de sus acciones".
Según las alegaciones en la Querella y la Acusación Formal por Gran Jurado, que se presentaron en el Tribunal Federal de Manhattan:[1]
En o alrededor del 4 de mayo del 2023, SOLANO-ARIAS, estaba empleado como guardia de seguridad con una empresa que tiene un contrato con el Servicio Federal de Protección para proporcionar servicios de seguridad armada en el 26 de Federal Plaza. SOLANO-ARIAS estaba vestido de uniforme negro y gris de guardia de seguridad y llevaba su arma de fuego en la cintura, la cual le proveía su empleador.
En o alrededor del 4 de mayo del 2023, la víctima acudió al 26 de Federal Plaza con el fin de presentar una solicitud de asilo. Una vez allí, SOLANO-ARIAS se ofreció a ayudar a la víctima con su documentación de asilo. En vez de prestar ayuda, SOLANO-ARIAS, sin embargo, llevó a la víctima a una oficina cerrada en el segundo piso del 26 de Federal Plaza, donde SOLANO-ARIAS exigió que la víctima practicara sexo oral en SOLANO-ARIAS. Cuando la víctima intentó resistirse a las exigencias de SOLANO-ARIAS, SOLANO-ARIAS tocó su arma de fuego, que estaba enfundada en su cintura. Temiendo que SOLANO-ARIAS lo matara, la víctima, le practicó sexo oral a SOLANO-ARIAS, lo que causó dolor físico y daños a la víctima. Después del ataque, cuando la víctima pudo salir de la oficina, inmediatamente denunció la agresión sexual a las autoridades.
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SOLANO-ARIAS, 42, del Bronx, Nueva York, se le ha imputado un cargo de privación de derechos bajo el manto de la ley, lo cual incluyó el secuestro y el abuso sexual agravado, lo que conlleva una condena máxima de cadena perpetua.
La posible condena máxima, está prescrita por el Congreso y se menciona aquí sólo con fines informativos, ya que cualquier sentencia del acusado será determinada por un juez.
El Fiscal Williams elogió el impresionante trabajo de investigación por el FBI. El Fiscal Williams, al igual, pide que cualquier persona que tenga información con respecto a JIMMY SOLANO-ARIAS, se comunique con la línea de información del FBI llamando al 1-800-CALL-FBI.
El proceso de este caso está siendo dirigido por la Oficina de Derechos Civiles, una unidad en la División Penal. La Fiscal Auxiliar Lindsey Keenan está a cargo del enjuiciamiento.
El cargo contenido en la Querella y en la Acusación Formal por Gran Jurado, es meramente una acusación, y el acusado es presunto inocente a menos y hasta que se demuestre su culpabilidad.
[1] Lo que significa la frase introductoria, y la totalidad del texto de la Querella y la Acusación Formal por Gran Jurado y la descripción de la Querella y las acusaciones establecidas en este documento, constituyen sólo alegaciones, y cada hecho descrito debe tratarse como una alegación.
u.s._v._solano-arias_complaint.pdf u.s_v._solano-arias_indictment.pdfU.S. Attorney’s Office and Not in Our Town Present First Sacramento Screening of Documentary Film Repairing the World: Stories from the Tree of LifeRead the Press Release
SACRAMENTO, Calif. — On Sunday, June 4, community members and leaders gathered at The Crest Theatre to watch the first screening in Sacramento and the Central Valley of “Repairing The World: Stories From The Tree Of Life.” The documentary film is about Pittsburgh’s powerful community response to hate in the aftermath of the deadliest antisemitic attack in U.S. history, showing what it means to be “stronger than hate.”
The documentary follows survivors, families of the victims, diverse community members, students, and civic leaders as they examine their vulnerabilities and the impact of rising antisemitism, racism, hate speech, and gun violence. Against the backdrop of a tumultuous period in the country, a local community that has faced violence and trauma works to heal and grapple with what it means to be stronger than hate.The screening was presented by the U.S. Attorney’s Office for the Eastern District of California and Not In Our Town, and co-sponsored by the Jewish Federation of the Sacramento Region, Jewish Community Relations Council, Leonard M. Friedman Bar Association, Federal Bar Association Sacramento Chapter, Asian/ Pacific Bar Association of Sacramento, Women Lawyers of Sacramento, and SacLegal, Sacramento’s LGBTQ+ Bar Association. The U.S. Attorney’s Office leads Hate Crimes Task Forces in Sacramento and Fresno that bring together federal, state, and local law enforcement with community partners to address and combat hate crimes.
“Hate-based violence is a serious crime that destroys communities, and preventing these crimes is a top department priority,” said U.S. Attorney Phillip A. Talbert. “The U.S. Attorney’s Office, along with our community and law enforcement partners, will continue to shine a light on the impact of these crimes and work with our partners to stand united against hate.”
The film’s director, Patrice O’Neill said, “Not In Our Town is honored to partner with the U.S. Attorney's Office and leading organizations in the Sacramento area for this first screening of “Repairing the World” in Central California. The Pittsburgh community presents powerful lessons about how we can build alliances in our cities and towns that will help us become stronger than hate.”
Learn more about this important film here: https://repairingtheworldfilm.org/.
U.S. Attorney Martin Estrada Expands Office Mission of Prosecuting Crimes Involving Consumer Protection IssuesRead the Press Release
LOS ANGELES – United States Attorney Martin Estrada, the United States Attorney for the Central District of California, today announced the establishment of the Environmental Crimes and Consumer Protection Section, a newly fortified unit that will focus on protecting the health, safety, economic security and dignity of individuals across the Central District of California.
This Office aims to further its goal of bringing impactful consumer protection cases by vigorously prosecuting cases that involve fraudulent and deceptive marketing practices; consumer product safety; food, drug, and dietary supplement safety; and other conduct that may cause or threaten to cause serious harm to the people in this district and throughout the United States.
“Safeguarding the health, safety and economic security of our district’s residents – especially the elderly, children and other vulnerable people – is one of my Office’s paramount goals,” said United States Attorney Martin Estrada. “Under this revamped section, we will continue to pursue all appropriate measures to bring to justice any culpable entity – particularly corporations acting illegally – that endangers the welfare of the population we serve.”
“Protecting consumers from harm is a priority for the Department of Justice” stated Amanda Liskamm, Director of the Department of Justice’s Consumer Protection Branch. “The Consumer Protection Branch has a strong partnership with the U.S. Attorney’s Office for the Central District and we look forward to working with the revamped Environmental Crimes and Consumer Protection Section on significant consumer protection investigations and prosecutions. Our joint efforts will protect the safety of our communities and ensure that those that put consumers at risk will be held accountable.”
The Office’s recent commitment to consumer protection includes a $91 million resolution with Gree USA Inc., a City of Industry-based subsidiary of a Chinese appliance company that was ordered in April 2023 to pay a $500,000 criminal fine after pleading guilty to failing to notify the U.S. Consumer Product Safety Commission (CPSC) that millions of dehumidifiers it sold to domestic consumers were defective and could catch fire.
The Central District of California – the nation’s most populous federal district – is a seven-county area encompassing approximately 20 million residents in Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara and San Luis Obispo counties.
Assistant United States Attorney Mark A. Williams will lead the Environmental Crimes and Consumer Protection Section as section chief. The section also includes Assistant United States Attorneys Amanda M. Bettinelli – who in October 2022 was appointed the Office’s Environmental Justice Coordinator – Laura A. Alexander, Dan Boyle, Dominique Caamano, Joseph O. Johns, Dennis Mitchell, Matthew W. O’Brien, Juan M. Rodriguez, and Erik M. Silber.
Two Sinaloa Cartel Associates Sentenced to 38 and 30 Years in Prison for Importing Thousands of Kilograms of NarcoticsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that CORNELIO CAZAREZ MADRID and SINOHE ANTONIO ARAJUO MEZA, both citizens of Mexico, were sentenced today to 38 and 30 years in prison, respectively, in connection with their importation of thousands of kilograms of cocaine, heroin, and methamphetamine into the United States. The defendants pled guilty to the charges in the Indictment on July 30, 2019, which charged them with conspiring to import and distribute controlled substances into the United States. U.S. District Judge Gregory H. Woods imposed today’s sentences.
U.S. Attorney Damian Williams said: “Madrid and Meza were two prolific drug traffickers who worked with the Sinaloa Cartel to import thousands of kilograms of heroin, cocaine, and methamphetamine into this country and who relied on brutal violence to protect their drug organization. Today’s sentence sends a message that anyone who participates in the Sinaloa Cartel’s assault on Americans by flooding our communities with poison will be held accountable and will face significant consequences. This Office is committed to addressing the ongoing threat posed to the health and safety of all Americans by the Sinaloa Cartel and every partner in its distribution chain.”
According to the allegations in the Indictment, court transcripts, sentencing submissions, and other publicly filed documents:
CORNELIO CAZAREZ MADRID and SINOHE ANTONIO ARAJUO MEZA ran an illicit drug business in coordination with the Sinaloa Cartel — a notorious and violent drug trafficking organization based out of Sinaloa, Mexico. The defendants sent massive quantities of narcotics to the United States. Between 2015 and 2016, the defendants and their coconspirators were responsible for trafficking more than 2,000 kilograms of cocaine, more than 130 kilograms of heroin, and more than 300 pounds of methamphetamine. During the course of the investigation, the Drug Enforcement Administration (“DEA”) seized approximately 675 kilograms of cocaine, 70 kilograms of heroin, and 26 kilograms of methamphetamine. As the defendants flooded the United States with dangerous and addictive substances, they and other members of the Cartel made millions of dollars. The DEA seized $3.4 million in cash through its investigation of the defendants and their coconspirators.
This sprawling drug trafficking operation was not only dangerous in its importation of thousands of kilograms of poison into the United States but also in its use of firearms and violence, including murder, to protect the operation. Through the course of the investigation, the DEA seized seven guns connected with the defendants’ drug shipments in the United States. As an example of the violence used by this conspiracy, in April 2015, two Cartel associates exchanged messages with MADRID concerning two individuals suspected of cooperating with law enforcement (the “Victims”). One of the Cartel associates then sent MADRID messages showing that the Victims had been brutally murdered and sent MADRID photographs of the Victims shot dead in a pool of blood.
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MADRID and MEZA, both 42 and citizens of Mexico, were convicted of one count of conspiracy to import controlled substances and one count of distribution of controlled substances. In addition to the prison terms, MADRID and MEZA were each additionally sentenced to five years of supervised release.
Mr. Williams praised the outstanding work of the DEA’s Los Angeles Field Division, the New York Strike Force, the Hawthorne Police Department, the Los Angeles County Sheriff’s Department, the DEA’s Guatemala Country Office, the DEA’s Costa Rica Country Office, and the DEA’s Bogota Country Office. Mr. Williams also thanked the Justice Department’s Office of International Affairs for their assistance in securing the extradition of the defendants.
This case is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorneys Amanda L. Houle and Rebekah Donaleski are in charge of the prosecution.
Two Men Sentenced for 21-Carjacking ConspiracyRead the Press Release
ST. LOUIS – Two men have been sentenced for their roles in a conspiracy believed responsible for 21 carjackings or attempted carjackings in the St. Louis area.
U.S. District Judge Sarah E. Pitlyk on Monday sentenced Detrich Lamon Williams Jr., 21, to 19 years in prison.
Judge Pitlyk sentenced Aaron L. Morris, 22, on May 31 to 14 years in prison.
Both men pleaded guilty to all five counts that they faced: carjacking conspiracy, two counts of carjacking, brandishing of a firearm in furtherance of a crime of violence and discharge of a firearm in furtherance of a crime of violence.
They admitted as part of their guilty pleas that they were among a group of teenagers from the Castle Point neighborhood in St. Louis County that committed carjackings and attempted carjackings in St. Louis and St. Louis County between July and October of 2020. Police believe the group committed a total of 21 carjackings.
In most of the incidents, Morris drove a relative’s SUV or a stolen car and Williams or another person stole the victims’ vehicles at gunpoint. Williams used Morris’ pistol, which had a distinctive green laser sight that had been described by several victims and helped lead investigators to the carjacking ring.
In his plea, Williams admitted stealing a Toyota Camry at gunpoint on Aug. 17, 2020, and then leading police on a high-speed chase that began in St. Louis and ended near Castle Point only after police used spike strips to disable the Camry.
Both men also admitted the following incidents:
- On Sept. 26, 2020, Williams and another person, who was armed with a pistol, stole a 2017 Volvo S60 sedan from a pizza delivery driver in St. Louis. Morris was driving.
- On Oct. 11, 2020, Morris drove Williams and others to the South County Mall. Williams approached a woman who had just parked and exited her 2017 Jeep Grand Cherokee, fired a shot in the air and stole the woman’s purse and 2017 Jeep Grand Cherokee.
- Later that same day, Williams was with Morris and two others in St. Louis when they spotted a Jeep Cherokee in an alley. Williams and Morris stayed in the vehicle while the others confronted the owner of the Jeep. One of the others shot the Jeep’s owner before the group fled, Williams’ plea says.
The case was investigated by the Webster Groves Police Department, the St. Louis Metropolitan Police Department, the St. Louis County Police Department, the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Donald Boyce is prosecuting the case.
Three Men Plead Guilty to Armed Robbery of a Columbia Postal CarrierRead the Press Release
COLUMBIA, SOUTH CAROLINA —Don Everett Peters, III, a/k/a “Pop,” 20, and Shylik Lamont Smalls, a/k/a “Mitch,” 21, both of Columbia, South Carolina, along with Elijah Rasue Dewayne Ellis, a/k/a “Smoke,” a/k/a “Black,” 20, of Valdosta, Georgia, have each pleaded guilty to their roles in the March 17, 2022, armed robbery of a United States Postal Letter Carrier in Columbia.
Peters, Smalls, and Ellis each pleaded guilty to conspiracy to commit armed robbery of a United States Postal Letter Carrier, assault/armed robbery of a United States Postal Letter Carrier, and theft/possession of a United States Postal arrow key. Peters and Smalls also each pleaded guilty to theft/possession of United States mail.
Evidence obtained in the investigation revealed that Peters, Smalls, and Ellis conspired to rob a postal carrier of his arrow key, which would give them access to locked mail collection boxes. On the afternoon of March 17, 2022, after surveilling another postal carrier in the Hollywood-Rose Hill/Rosewood area of Columbia, the trio decided to rob a letter carrier making his rounds on Hollywood Drive. While Peters waited in the getaway car, Smalls and Ellis—while wearing masks—approached the carrier. Ellis pointed a gun at the carrier and demanded his keys. Peters then picked up the two co-conspirators and they fled the area.
After an extensive investigation, including review of numerous surveillance cameras and interviewing witnesses, law enforcement authorities linked the getaway vehicle to Peters. After a review of Peters’ prior encounters with law enforcement and cell phone records, postal inspectors were able to link Smalls to Peters. They determined that Smalls matched the description of one of the robbers, that both Smalls and Peters had access to firearms, and that Smalls was in possession of clothing matching the description of the clothing worn by one of the robbers.
Search warrants were obtained for Peters’ and Smalls’ apartments and vehicles and executed on May 4, 2022. Smalls was found with the stolen arrow key in his pants pocket. Investigators also recovered stolen mail, check making materials, several electronic devices such as cell phones and laptops, and two privately made firearms, which are commonly known as “ghost guns.” One ghost gun was found in Peters’ bedroom and the other in Smalls’ bedroom. Inside Peters’ car, Inspectors found documentation belonging to Ellis.
After waiving their rights, both Peters and Smalls admitted to being involved in the robbery, along with Ellis. Peters and Smalls were placed under arrest and a warrant was issued for Ellis. On May 31, 2022, Ellis was arrested in Valdosta, Georgia, where he was found in possession of a “ghost gun” and a quantity of marijuana. After advice of rights, Ellis admitted to being involved in the robbery with Peters and Smalls. Peters, Smalls, and Ellis remain in custody as they were federally detained following their 2022 arrests.
“Robbing postal carriers for their keys is becoming a national trend, and it will not be tolerated in South Carolina,” said U.S. Attorney Adair F. Boroughs. “We are committed to using federal investigative and prosecutorial resources to swiftly bringing to justice those who harm Postal Service employees.”
“Protecting the employees of the United States Postal Service is a top priority for the U.S. Postal Inspection Service,” said Tommy D. Coke, Inspector in Charge of the Atlanta Division. “We want to thank our law enforcement partners that worked tirelessly to apprehend these dangerous individuals.”
The three men face a maximum penalty of 25 years in prison on the assault/armed robbery of the postal carrier charge, a maximum of 10 years in prison on the theft/possession of an arrow key charge, and a maximum of 5 years in prison on both the conspiracy and the theft/possession of mail charges. They each also face a fine of up to $250,000 for each charge, restitution, and up to 5 years of supervision to follow the term of imprisonment. United States District Judge Mary Geiger Lewis accepted the guilty pleas and will sentence the trio after receiving and reviewing sentencing reports prepared by the U.S. Probation Office.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the United States Postal Inspection Service and the Columbia Police Department. Additionally, the United States Marshals Fugitive Task Force and the Lowndes County, Georgia, Sheriff’s Office assisted in the arrest of Ellis. Assistant U.S. Attorneys Stacey D. Haynes and Lamar Fyall are prosecuting the case.
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The City of New York Agrees to Clean up Radioactive Materials on City-Owned Property in Queens, New YorkRead the Press Release
Breon Peace, United States Attorney for the Eastern District of New York, announced today that the City of New York has agreed to remediate radioactive materials on New York City-owned property located near the former Wolff-Alport Chemical Company facility, and to pay the United States $1.6 million for costs incurred by the U.S. Environmental Protection Agency (EPA). Under a proposed Consent Judgment filed with the Court today, the City of New York will fund and perform remedial work on City property.
“This action protects New York City residents and communities from exposure to hazardous substances including radioactive waste at the Wolff-Alport Site,” stated United States Attorney Peace. “This settlement demonstrates that this Office and our Environmental Justice Team are committed to addressing environmental concerns, including the removal of hazardous substances from communities that have been disproportionally burdened by environmental health hazards.”
"EPA has collaborated extensively with local, state and federal partners to address risks posed by this Superfund site since our first actions in 2012. This agreement tackles the continued cleanup of radioactive pollution on the City-owned portion of the Wolff-Alport Chemical Company Superfund site and pays back EPA $1.6 million for its vital work to safeguard public health," said EPA Regional Administrator Lisa F. Garcia. "Today's settlement takes us one step closer to completing our cleanup of this site so that one day it will be restored land that is ready for reuse and economic activity."
Background
The Wolff-Alport Company operated at the facility on the Wolff-Alport Chemical Company Superfund Site (Wolff-Alport Site) from the 1920s until 1954. The Wolff-Alport Chemical Company Superfund Site (Wolff-Alport Site) is located in Ridgewood, Queens, which borders Bushwick, Brooklyn. The company’s operations included importing monazite sand that was processed to extract rare earth elements. Residues from the processing of the monazite sands contained radioactive materials, including thorium and uranium, along with their decay products, such as radium. These materials contain radionuclides, which are hazardous substances.
The company disposed of these hazardous wastes in the New York City sewer system or buried them on the former facility. Exposure to these radionuclides and their decay products either internally or externally can cause damage to deoxyribonucleic acid and body tissues, and can cause an increase in the risk of cancer over a lifetime.
Consent Judgment
After conducting extensive assessments of the Wolff-Alport Site, EPA added it to the National Priorities List (NPL) in 2014 and issued a Record of Decision in 2017, which sets forth the site remediation plan. Further information concerning the Wolff-Alport Site and the ongoing remediation can be found here.
The United States lodged a proposed Consent Judgment, which sets forth the terms of the settlement with the City of New York pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as the Superfund statute. The agreement provides for the City to perform the cleanup of contamination at City owned property to protect human health and the environment, reimbursement to EPA of $1.6 million of its relevant past response costs, and for the City of New York to make periodic payments for future EPA oversight costs related to the cleanup of property owned by the City of New York. The Consent Judgment also includes a Statement of Work which sets forth the parameters of the City’s remedial work commitments.
The proposed Consent Judgment will remain lodged with the District Court for a period of at least 30 days, and notice of the Consent Judgment will be published in the Federal Register. This will afford members of the public the opportunity to submit comments on the Consent Judgment to the Department of Justice prior to it seeking court approval of the settlement.
The United States Attorney’s Office for the Eastern District of New York vigorously enforces the nation’s environmental laws to address environmental, health, and climate impacts on individuals and communities within the district. Any member of the public who wishes to notify the United States of environmental justice concerns may contact the Office’s Environmental Justice Team here.
The case was handled by Assistant United States Attorneys Ekta Dharia and Matthew Silverman from the United States Attorney’s Office for the Eastern District of New York, EPA Office of Regional Counsel Team Leader James Doyle, Assistant Regional Counsel Jean Regna, EPA New York Remediation Branch Section Chief Joel Singerman and Remedial Project Manager Thomas Mongelli.
E.D.N.Y. Docket No. 23-CV-476
Tehachapi Man Arrested for Fraud and Identity Theft OffensesRead the Press Release
FRESNO, Calif. — On May 25, 2023, a federal grand jury returned a 15-count indictment against Blake Wayne Reed, 27, of Tehachapi, charging him with bank fraud, use and possession of unauthorized debit and credit cards, aggravated identity theft, possession of stolen mail, and unauthorized possession of a Postal Service key, U.S. Attorney Phillip A. Talbert announced. The indictment was unsealed following his arrest today.
According to court documents, from August 2020 to April 2021, Reed obtained hundreds of pieces of stolen mail that included at least 130 checks and 30 debit cards or credit cards belonging to other individuals and businesses. Reed then altered and forged signatures on the stolen checks and used stolen debit cards to deposit the checks into victims’ bank accounts and into his own bank account. He then made cash withdrawals from the inflated accounts. He also used victims’ stolen debit cards to make cash withdrawals from their accounts. Reed’s scheme caused more than $40,000 in fraudulent transactions to be made on the victims’ bank accounts, debit cards, and credit cards.
This case is the product of an investigation by the U.S. Postal Inspection Service. Assistant U.S. Attorneys Brittany M. Gunter and Joseph D. Barton are prosecuting the case.
If convicted, Reed faces a maximum statutory penalty of 30 years in prison and a fine of up to $1 million for each of the bank fraud charges, a maximum statutory penalty of 10 years in prison and a fine of up to $250,000 for use and possession of unauthorized debit and credit cards and unauthorized possession of a Postal Service key, a maximum statutory penalty of five years in prison and a fine of up to $250,000 for the possession of stolen mail charge, and a mandatory two-year sentence consecutive to other counts and a fine of up to $250,000 for the aggravated identity theft charge. 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.
Tahlequah Resident Sentenced for Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Keia Marie Beaver, age 33, of Tahlequah, Oklahoma, was sentenced to 64 months in prison for Voluntary Manslaughter in Indian Country.
The charges arose from investigations by the Cherokee County Sheriff’s Office, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
On May 9, 2022, Beaver pleaded guilty to Voluntary Manslaughter in Indian Country. At the plea hearing, Beaver admitted that on October 17, 2017, she shot and killed the victim in the heat of passion. The investigation revealed Beaver transported the victim to the hospital after the shooting and initially told law enforcement the gun accidentally went off while she was loading it. Later, Beaver admitted to shooting the victim during an argument.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Cherokee County, within the boundaries of the Cherokee Nation Reservation and the Eastern District of Oklahoma.
The Honorable Ronald A. White, Chief District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing in Muskogee. Beaver will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Richard Lorenz represented the United States at sentencing.
Small town meth and cocaine traffickers sent to prisonRead the Press Release
VICTORIA, Texas – With the sentencing of two Sinton residents, nearly a dozen criminals have now been brought to justice for their respective roles in narcotics trafficking on local streets, announced U.S. Attorney Alamdar S. Hamdani.
Jonathan “John Bear” Olbera, 37, pleaded guilty to March 8, 2022, to conspiring to possess with intent to distribute more than five kilograms of cocaine, while Lisza Marie Vera, 44, entered her plea Oct. 5, 2020, to conspiring to possess with intent to distribute meth.
Today, Senior U.S. District Judge John D. Rainey sentenced Olbera to 78 months in federal prison, while Vera was ordered to serve a 60-month-term of imprisonment. The sentences will be immediately followed by three years of supervised release.
“In a small town like Sinton, drug trafficking and gang activity endangers every resident,” said Hamdani. “Worthless gangs, including a motorcycle gang, cared nothing about Sinton’s children and families when they distributed cocaine and meth, even near a school and park. My hope is that these sentences send a strong message to others thinking of putting their neighbors at risk.”
In 2019, local, state and federal law enforcement conducted investigations to address drug trafficking and gang activity in various small towns in San Patricio County including Sinton with a population of less than 6000.
The investigation led to the identification of the Garcia drug trafficking organization. Several individuals in that group were members and associates of various gangs including the Calaveras Outlaw motorcycle gang, Texas Syndicate, 59 Bounty Hunters and the Bloods. They operated out of a multi-family residence known as “The Compound” in the heart of Sinton located within 1000 feet of a public park and an elementary school.
Olbera and Vera were part of that group responsible for distributing cocaine and multi-kilogram amounts of meth to residents in Sinton, Odem and Aransas Pass. The organization was selling approximately one kilogram of meth every week.
The leader of the organization - Jacob Eli Garcia, 31 - previously received a sentence of 300 months in federal prison. Collectively, the total sentences imposed in this case totals approximately 1100 months in federal prison.
“The Compound” was sold at auction as a result of the criminal convictions in this case.
Olbera will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. Vera was permitted to remain on bond and voluntarily surrender at a later date.
“The success demonstrated in this case is a prime example of community and public safety partnerships working hand-in-hand for the betterment of all served,” said Aransas Pass Police Department Chief Eric Blanchard. “And, this tremendous outcome would not be without our close working relationship with our federal partners.”
Task force officers from Aransas Pass Police Department working with the Drug Enforcement Administration lead the investigation with the assistance of Bureau of Alcohol, Tobacco, Firearms and Explosives, Texas Department of Public Safety, Sinton Police Department and San Patricio Sheriff’s Office conducted this Organized Crime Drug Enforcement Task Forces (OCDETF) investigation.
OCDETF identifies, disrupts and dismantles the highest-level drug traffickers, money launderers, gangs and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found on the Department of Justice’s OCDETF webpage.
Assistant U.S. Attorney Brittany Jensen prosecuted the case.
Shiprock Woman Charged with Second-Degree Murder in Death of DaughterRead 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 Maylene John was arraigned on an indictment charging her with second degree murder. John, 33, of Shiprock, and an enrolled member of the Navajo Nation, will remain in custody pending trial, which has not been scheduled.
A federal grand jury indicted John on May 24. According to the indictment and other court records, on Oct. 24, 2022, John allegedly stabbed her 7-year-old daughter in the chest. John claimed not to know what precipitated the stabbing and that she “blacked out” after the incident.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, John faces up to life in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.
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Sex offender gets 40 years for sharing child pornography in two statesRead the Press Release
HOUSTON – A 44-year-old registered sex offender has been ordered to federal prison following his conviction of distributing and possessing child pornography in two separate federal cases, announced U.S. Attorney Alamdar S. Hamdani.
Timothy Lee Tyler, pleaded guilty Sept. 12, 2022, to distributing child pornography in 2020 and to possessing child pornography in both 2019 and 2020.
Today, U.S. District Judge Andrew S. Hanen sentenced Tyler to 360 and 240 months for the distribution and possession convictions, respectively. A portion of the sentences will run consecutively for a total 480-month term of imprisonment. Before imposing sentence, the court heard Tyler had previously committed hands-on offenses against children he knew through friends and loved ones and that he had encouraged other users on the Kik messaging app to create child pornography for his enjoyment.
Tyler was further ordered to pay a total of $28,100 in restitution to his victims and will serve 20 years on supervised release following completion of his prison term. During that time, he will have to comply with numerous requirements designed to restrict his access to children and the internet. Tyler will also be ordered to register as a sex offender.
“For years, this person preyed upon children,” said Hamdani. “Online, he encouraged other predators to abuse their own children for his sick gratification. In real life, he terrorized and abused children of people close to him. This sentence will help ensure he isn’t allowed access to children ever again.”
At the time of his plea, Tyler admitted he was staying with friends in Conroe in September 2020. During that time, he started distributing child pornography from his cellphone on the Kik messenger app. When Tyler was arrested, his cellphone contained hundreds of images and videos depicting bestiality, bondage and sexual abuse of children. Tyler also admitted to possessing hundreds of child pornography files on a flash drive while residing in Milwaukee in June 2019.
Tyler, of Milwaukee, Wisconsin, will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation with the assistance of Montgomery County Internet Crimes Against Children Task Force and Conroe Police Department.
Assistant U.S. Attorneys Stephanie Bauman and Sherri Zack prosecuted the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.
Schenectady Sex Offender Pleads Guilty to Attempting to Entice a MinorRead the Press Release
ALBANY, NEW YORK – Matthew Peters, age 48, of Schenectady, New York, pled guilty today to attempting to entice a minor to engage in unlawful sexual activity and to committing a felony offense involving a minor while required to register as a sex offender.
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.
Peters admitted that between October 2 and October 7, 2020, he initiated and exchanged sexually explicit text messages with an undercover law enforcement officer posing as a 14-year-old child on a social networking site. After learning the apparent child was 14 years old, Peters repeatedly asked the minor for “nudes” and “live” pictures. Peters also asked the minor to meet him on multiple occasions and discussed engaging in various sexual acts with the minor when they met. On October 6, Peters arranged to meet the minor the following day in Menands, New York. On October 7, Peters arrived at the prearranged meeting location in Menands, where he was encountered by law enforcement officers and arrested.
Sentencing is scheduled for October 10, 2023 before Senior United States District Judge Gary L. Sharpe. Due to Peters’ status as a convicted sex offender, Peters faces at least 20 years and up to life in prison, a fine of up to $250,000, and a 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 Albany’s Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies, including the Colonie Police Department, Rotterdam Police Department, and the New York State Police. Assistant United States Attorneys Rachel L. Williams and Alexander P. Wentworth-Ping are prosecuting this case as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Sacaton Man Receives Sentence of over 20 Years for Second Degree MurderRead the Press Release
PHOENIX, Ariz. – Reggie Marion Lewis, Sr., 46, of Sacaton, Arizona, was sentenced on May 26, 2023, by United States District Judge G. Murray Snow to 245 months in prison, to be followed by five years of supervised release. Lewis pleaded guilty on September 21, 2022, to Second Degree Murder.
On May 15, 2021, Lewis shot the victim, killing him. Lewis is an enrolled member of the Gila River Indian Community.
The Gila River Police Department and the Federal Bureau of Investigation conducted the investigation in this case. Assistant United States Attorney Raynette Logan, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-22-00331-PHX-GMS
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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.Readout of Assistant Attorney General Kristen Clarke’s Trip to MississippiRead the Press Release
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division traveled to Lexington, Jackson, Indianola, and Clarksdale, Mississippi, on June 1 and June 2 to continue the division’s tour to engage with stakeholders in underserved communities and reaffirm the department’s commitment to protecting the civil rights of all Americans.
On Thursday, Assistant Attorney General Clarke and U.S. Attorney Darren LaMarca for the Southern District of Mississippi met with community leaders and stakeholders in Lexington at the Holmes County Circuit Court Complex. Holmes County is ranked as one of the poorest counties in the nation. In her remarks, Assistant Attorney General Clarke discussed the Justice Department’s commitment to address civil rights issues, including enforcing federal school desegregation orders, addressing jail and prison conditions and prosecuting hate crimes. The meeting focused on civil rights issues, like law enforcement accountability.
In the afternoon, Assistant Attorney General Clarke met with staff of the U.S. Attorney’s Office for the Southern District of Mississippi. She thanked the office’s leadership and staff for their service and commitment to protecting civil rights. After the meeting, she toured the Mississippi Civil Rights Museum.
In the evening, Assistant Attorney General Clarke participated in a community conversation at Jackson State University that was opened by NAACP CEO Derrick Johnson. The Mississippi Center for Justice’s President and CEO Vangela Wade moderated a conversation with Assistant Attorney General Clarke, who discussed her career as a civil rights attorney and the department’s efforts to protect the right to vote and to achieve economic justice, among others After the moderated discussion, local stakeholders raised concerns about local civil rights issues, including law enforcement accountability.
On Friday, Assistant Attorney General Clarke and U.S. Attorney Clay Joyner for the Northern District of Mississippi traveled to Indianola. There, she toured Lockard Elementary School, a majority-Black public school, and visited Indianola Academy, a majority-white charter school, with State Representative Otis Anthony. The school tours were followed by a community meeting at the Mississippi Center for Justice’s Indianola office. During the meeting, community leaders and educators discussed efforts to advance equitable educational experiences throughout the state.
Assistant Attorney General Clarke ended the day at the Clarksdale City Hall for a community meeting with Mayor Chuck Espy, U.S. Attorney Joyner and local stakeholders. She reiterated the Justice Department’s commitment to work with state and local partners to address civil rights and racial equity issues.
In the upcoming weeks, Assistant Attorney General Clarke will travel to South Carolina to meet with stakeholders in underserved communities.
Assistant Attorney General Clarke and U.S. Attorney LaMarca speak to community members in Lexington. Assistant Attorney General Clarke and U.S Attorney LaMarca with the staff for the Southern District of Mississippi. Assistant Attorney General Clarke at the Mississippi Center for Justice. Assistant Attorney General Clarke and Clarksdale Mayor Chuck Espy. Assistant Attorney General Clarke at the Mississippi Civil Rights MuseumPontotoc County Resident Sentenced for Involuntary Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Lloyd Ray Hatley, age 68, of Ada, Oklahoma, was sentenced to 48 months in prison for Involuntary Manslaughter in Indian Country.
The charges arose from an investigation by the Oklahoma Highway Patrol and the Federal Bureau of Investigation.
On April 29, 2022, a federal jury found Hatley guilty of involuntary manslaughter at trial. During the trial, the United States presented evidence that on February 22, 2017, Hatley was driving on State Highway One in Pontotoc County when he rear-ended another vehicle. The investigation revealed that Hatley failed to brake until less than a second before impact. The collision killed a passenger in the other vehicle, and severely wounded the driver.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation and the Eastern District of Oklahoma.
The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, sitting by appointment, presided over the hearing in Oklahoma City. Hatley will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Kevin Gross and Special Assistant United States Attorney Lauren Ibanez represented the United States.
Peabody Man Pleads Guilty to Conspiring to Distribute over Four Kilograms of Fentanyl PillsRead the Press Release
BOSTON – A Peabody man has pleaded guilty in federal court in Boston in connection with selling approximately 40,000 fentanyl pills.
Manuel E. Tejeda, 42, pleaded guilty on June 2, 2023 to one count of conspiracy to distribute and possession with intent to distribute 400 grams or more of fentanyl. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Sept. 7, 2023. In January 2020, Tejeda was arrested and charged with co-defendant Jose Esmerlin Diaz.
In January 2020, Diaz delivered an estimated 13,800 fentanyl pills (weighing approximately 1.6 kilograms) disguised as Percocet 30s to a cooperating source on Jan. 17, 2020, at a price of $6 per pill. Shortly thereafter, Tejeda and another man arrived in the vicinity of the drug transaction to deliver additional pills, and were found in possession of an estimated 27,000 fentanyl pills (weighing approximately 3.1 kilograms). A subsequent search of a storage unit used by Tejeda in Salem resulted in the discovery of approximately two kilograms of suspected fentanyl and/or heroin, $150,000 in cash and an industrial/commercial grade pill press that could be used to press powder-form opiates into pills. Keys located on Tejeda at the time of his arrest opened locks to the storage unit.
On May 23, 2023, Diaz was sentenced to 52 months in prison and two years of supervised release after previously pleading guilty to his role in the conspiracy.
The charge of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl provides for a minimum of 10 years and up to life in prison, at least five years and up to life of supervised release and a fine of up to $10 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; John E. Mawn Jr., Interim Colonel of the Massachusetts State Police; Peabody Police Chief Thomas M. Griffin; and Andover Police Chief Patrick Keefe made the announcement. Assistant U.S. Attorneys Charles Dell’Anno, Craig Estes and Kunal Pasricha of Levy’s Criminal Division are prosecuting the case.
Nicaraguan Woman Charged with Illegally Using Social Security Number to Avoid DetentionRead the Press Release
NEW ORLEANS, LOUISIANA – JUNIETH BETANCO-HERNANDEZ, age 18, a native of Nicaragua, was indicted on June 2, 2023, for illegally using a social security number to maintain her status in an Alternative to Detention program of Immigration and Customs Enforcement, in violation of Title 42, United States Code, Section 408(a)(7)(B), announced U.S. Attorney Duane A. Evans.
JUNIETH BETANCO-HERNANDEZ faces a maximum term of imprisonment of not more than five (5) years, a fine of up to $250,000.00, up to three (3) years of supervised release, and a mandatory special assessment fee of $100.00.
U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Carter K.D. Guice, Jr.of the General Crimes Unit is in charge of the prosecution.
Newport News Man Pleads Guilty to Child Pornography ChargesRead the Press Release
NEWPORT NEWS, Va. – A Newport News man pleaded guilty today to persuading a child to engage in unlawful sexual activity and distributing child sexual abuse material (CSAM).
According to court documents, Timothy Desain, Jr. 40, distributed CSAM over a social media platform. On October 26, 2021, the National Center for Missing and Exploited Children received a CyberTip from the social media platform and forwarded the tip to the Bedford County Sheriff’s Office, who forwarded the tip to the FBI. A federal search warrant was issued for the home of Desain and electronic devices were seized. The search of his home also yielded containers of marijuana, scales, Garda deposit bags, and three firearms. During the investigation, it was uncovered that Desain exploited a minor. Desain also admitted to embezzling approximately $35,000 from Garda.
Desain pleaded guilty to coercion and enticement of a child and distribution of child pornography, and is scheduled to be sentenced on October 3. He faces a mandatory minimum sentence of ten years in prison and a maximum sentence of life in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after U.S. District Judge Elizabeth Wilson Hanes accepted the plea.
Assistant U.S. Attorney Lisa McKeel is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the 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.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:23-cr-23.
Navajo Man Charged with AssaultRead 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 Harley Etcitty made an initial appearance in federal court on an indictment charging him with assault with a dangerous weapon and assault resulting in serious bodily injury. Etcitty, 19, an enrolled member of the Navajo Nation, will remain in custody pending a detention hearing scheduled for June 6, 2023.
According to the indictment, on Oct. 9, 2022, in Shiprock, Etcitty assaulted two victims, identified as John Doe 1 and John Doe 2 in the indictment, with a knife. John Doe 1 was seriously injured and had to be transferred to Flagstaff for a higher level of care. John Doe 2 received multiple lacerations which required sutures.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Etcitty faces a minimum of 10 years in prison.
FBI Farmington Agency investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.
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Muskegon Man Sentenced to 15 Years in Prison for Stalking His Ex-Wife and Possessing FirearmsRead the Press Release
U.S. Attorney Mark Totten Vows to Fight Gender-Based Violence
GRAND RAPIDS, MICHIGAN —U.S. Attorney for the Western District of Michigan Mark Totten announced today that Mitchell Pierce, 45, of Muskegon was sentenced to 180 months in the Bureau of Prisons after he pleaded guilty to stalking and being a felon in possession of firearms. U.S. District Court Judge Robert J. Jonker also ordered that when Pierce is released from prison, Pierce will be on supervised release for 3 years.
“Gender-based violence harms families, perpetuates social inequities, and leaves victims fearful and feeling like they have nowhere to turn,” said U.S. Attorney Totten. “As this prosecution demonstrates – one of the worst stalking cases we’ve seen in years – my office is fully committed to protecting victims and holding perpetrators accountable, especially abusers who illegally possess firearms.”
WATCH: Video of U.S. Attorney Totten speaking about this case immediately following the sentencing hearing
In August 2021, Pierce pleaded guilty to assaulting his then-wife; he was placed on probation and ordered to have no contact with her. They divorced. While the no contact order was in place, Pierce began repeatedly calling, texting, messaging, FaceTiming, and emailing his ex-wife, threatening to harm and kill her, her children, and her friends and family. Pierce also threatened to kill himself and sent images of firearms. On April 23, 2022, he sent an email that included the line “OK I got my f---ing body armor together I got my guns ready.” On April 30, he sent texts that said, “Your dead b----” and “so r your kids.”
On May 2, 2022, his ex-wife noticed a Jeep following her and pulled into a parking lot; when Pierce exited his Jeep and approached her, she struck him with her minivan and fled the scene. Police responded and searched Pierce’s rented Jeep and found a loaded pistol, two rifles, seven magazines, numerous rounds of ammunition, and a bullet-proof vest. Pierce told officers he was hoping to scare her into giving him another chance and if that did not work, had planned to commit “suicide by cop,” i.e., hold a gun and refuse to comply with commands until officers killed him.
“Everyone deserves to feel safe and be safe in their relationships with others,” said Special Agent in Charge James Deir. “The women and men at ATF and our law enforcement partners remain resolute in holding violent felons who terrorize our community members accountable.”
Below are a few of the text messages Pierce sent his ex-wife between April 22 and April 30.
Gender-based violence generally refers to any harmful threat or act directed at an individual or group based on actual or perceived sex, gender, gender identity, sex characteristics, or sexual orientation. One form of gender-based violence is stalking. This term generally refers to a pattern of repeated harassing or threatening behavior, causing fear, substantial emotional distress, or safety concerns for the victim. Stalking tactics can include approaching the victim or showing up in places when the victim does not want them to be there; following and watching a victim; sending unwanted texts, photos, emails, and messages through social media; and using technology to monitor, track, and/or spy on the victim. For more information on the stalking see the Stalking Prevention, Awareness, and Resource Center (SPARC) and the Centers for Disease Control and Prevention – Preventing Stalking.
According to the National Intimate Partner and Sexual Violence Survey – 2016/2017 Report on Stalking Updated Release (2022), nearly 1:3 women and 1:6 men reported stalking victimization at some point in their lifetime. Each year, an estimated 13.5 million period are stalked in the United States. Moreover, stalking especially impacts young people. More than half of all female victims of stalking reported that the first incident of stalking occurred before age 25.
On May 25, 2023, the White House announced a National Plan to End Gender-Based Violence: Strategies for Action. On May 30, 2023, the Department of Justice followed the release of the National Plan with a summary of several initiatives the Department is undertaking to hold perpetrators accountable and protect survivors.Victims who feel they are in imminent danger or fear a threat of harm should call 911. The following national hotlines are also available to help victims of stalking and other gender-based violence:
- Victim Connect: 1-855-4VICTIM (1-855-484-2846)
- National Domestic Violence Hotline: 1−800−799−7233 or TTY 1−800−787−3224 (or text START to 88788)
- The National Sexual Assault Hotline: 1-800-656-HOPE (4673)
This case was investigated by the Fruitport Township Police Department, the Muskegon Police Department, the Muskegon Township Police Department, the Muskegon County Sheriff, the Michigan State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
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Milton Man Sentenced for Drug Distribution ActivitiesRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that Stephen Boles, 30, of Milton Vermont, was sentenced today by the Hon. William K. Sessions III, United States District Judge, to 5-years of incarceration to be followed by 3 years of supervised release for possessing fentanyl with the intent to distribute the drug. According to the facts agreed to by the parties, on or about May 18, 2022, Stephen Boles was found in possession of over 10,000 glassine baggies of fentanyl, a CZ 9-mm pistol, and ammunition at his home in Milton. Officers also found over $190,000.00 and drug packaging materials at the residence.
This was Boles’s second federal drug conviction. In imposing the 5 year sentence, Judge Sessions varied downward from the otherwise applicable Advisory Sentencing Guidelines in part to recognize Boles’s struggles with addiction.
The U.S. Attorney’s Office thanked the DEA and the Milton Police Department for their work on the investigation. Assistant U.S. Attorney Eugenia Cowles represented the United States. Mark Kaplan, Esq. represented Mr. Boles.Millbury Man Arrested for Possessing Large Quantities of Ammunition in Violation of Court Restraining OrderRead the Press Release
UPDATE: Charges against the defendant were dismissed in August 2023.
BOSTON – A Millbury man has been arrested and charged for allegedly possessing large amounts of ammunition, including armor-piercing ammunition, in violation of a 2021 restraining order.
Nial Luu, 31, was charged on June 2, 2023 with unlawful possession of ammunition by a person subject to a court order restraining him from harassing stalking, or threatening an intimate partner. Following an initial appearance in federal court in Worcester before U.S. District Court Magistrate Judge David H. Hennessy, Luu was detained pending a hearing set for June 7, 2023.
According to court records, Luu is subject to an active California State Court order restraining him from assaulting, threatening, abusing, harassing, following, interfering, or stalking a former intimate partner. As a result, Luu is prohibited from possession or receiving firearms or ammunition. During a search of Luu’s residence, approximately 200 rounds of 5.56 mm ammunition, capable of being fired from and AR 15-style rifle, which were marked as “green tipped” or armor-piercing, as well as approximately 300 rounds of 9 mm ammunition were seized. According to the charging documents, various component parts necessary to assemble multiple AR-15 style rifles and Glock-style handguns, and four 30-round magazines compatible with an AR 15 style rifle were also seized from Luu’s residence.
The charge of unlawfully possession ammunition while subject to a court order restraining him from harassing stalking, or threatening an intimate partner provides for a sentence of up to 15 years in prison, up to three years of supervised release and a fine of up to $250,000. 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; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Millbury Police Chief Brian Lewos made the announcement today. Valuable assistance was provided by the FBI Worcester Field Office. Assistant U.S. Attorney Kaitlin J. Brown of Levy’s Worcester Branch Office is prosecuting 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.
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.
Lubec Man Sentenced to 2+ Years for Stealing Firearms from Machias True Value, Threatening WitnessRead the Press Release
BANGOR, Maine: A Lubec man was sentenced today in U.S. District Court in Bangor for stealing firearms from a federal firearms licensee, witness tampering and retaliating against a witness.
U.S. District Judge Lance E. Walker sentenced Jeremy C. Lyons, 29, to 33 months of imprisonment followed by three years of supervised release. He was also ordered to pay restitution. Lyons pleaded guilty on December 9, 2022.
According to court records, in October 2021, Lyons broke into Pineo’s True Value in Machias and stole three Colt pistols. Maine State Police Crime Laboratory testing matched Lyons’ DNA to a Gatorade bottle he left at the scene of the crime. Lyons became aware that he was a target in a federal criminal investigation involving his theft of the pistols. In July 2022, he threatened a confidential source who had provided information to federal law enforcement with bodily harm and later challenged the source to a fight. Lyons later asked the confidential source to testify for him in his case.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Maine State Police investigated the case, with invaluable assistance provided by the Washington County Sheriff’s Office.
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Law Enforcement Disrupts Networks Used to Transfer Fraud ProceedsRead the Press Release
PHOENIX, Ariz. – Over the past three months, federal, state, and local law enforcement operating in Arizona took part in a national campaign to disrupt networks used by foreign fraudsters who obtain proceeds through various schemes. The campaign addressed conduct by individuals sometimes referred to as “money mules,” who provide critical services to fraudsters by receiving money from victims and forwarding the fraud proceeds to the perpetrators, many of whom are based overseas.
In Arizona, law enforcement took approximately 52 disruption actions against individuals responsible for facilitating a range of fraud schemes. These schemes included those that target consumers such as romance and lottery schemes. During this same time period around the United States, law enforcement took over 4,000 disruption actions against such individuals.
In Arizona, law enforcement that took part in these disruption actions served warning letters on the “money mules,” notifying them that they are moving illicit proceeds and that their activities are facilitating fraud. The U.S. Attorney’s Office, along with its federal and state law enforcement partners, also conducted outreach events to raise public awareness about scams and how fraudsters recruit and use people to receive and transfer fraudulent proceeds.
The agencies involved in this effort urge consumers to be on the lookout for signs someone is trying to recruit them to receive and transmit fraud proceeds. Do not agree to receive money or checks mailed to you or sent to your bank account for someone you have met over the phone or online. Do not open bank accounts or cryptocurrency accounts at someone else’s direction or request. Fraudsters will lie to persuade you to help them. They may falsely tell you various stories to persuade you to help; for example, that they are helping you get a lottery prize, or initiate a purported romantic relationship, that they need money for some type of fake “emergency,” or pretend to offer you a job, an opportunity to invest in a business venture, or the chance to help a charitable effort.
Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline:1-833-FRAUD-11 (1-833-372-8311).
RELEASE NUMBER: 2023-084_Money Mule Campaign
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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.Justice Department Honors Law Enforcement Officers in Sixth Annual Attorney General’s Award for Distinguished Service in Community PolicingRead the Press Release
Attorney General Merrick B. Garland today announced the recipients of the Sixth Annual Attorney General’s Award for Distinguished Service in Community Policing, recognizing the exceptional work of 19 law enforcement officers and deputies from 15 jurisdictions across the country.
The Attorney General’s Award recognizes individual state, local, and Tribal sworn rank-and-file officers, deputies, and troopers for exceptional efforts in community policing. The awarded individuals have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations, or innovations in community policing. This year, the Department received nominations for almost 200 individual officers, deputies, and troopers. Nominations came from 49 states, representing state, local, campus, sheriff, and other agency types.
“Every day, law enforcement officers across the country are asked to respond to some of the most difficult, most dangerous, and most traumatic moments that our communities face,” said Attorney General Garland. “Today’s awardees exemplify the very best of the noble profession of policing.”
The work being honored this year ranges from individuals who created and run creative programs geared to marginalized youth and senior citizens; officers whose diligent and dedicated efforts solved cold cases after many years; and law enforcement who peacefully resolved situations that could have resulted in great harm to others, were it not for their heroic efforts.
The Attorney General’s Award for Distinguished Service in Community Policing is made possible through the Department’s work with national law enforcement stakeholder groups, who play a vital role in the review process. The various components throughout the Department also play a critical role, providing the review process with a depth of knowledge and experience that is inherent across the Department. The result is this annual awards program, which allows the Department to highlight a group of officers whose commitment to their communities is obvious through their exceptional efforts.
A list of award winners can be found here. Complete information on the Sixth Annual Attorney General’s Award for Distinguished Service in Community Policing can be found here.
Jefferson Parish Woman Charged with Misprision of a FelonyRead the Press Release
NEW ORLEANS – ROSE B. DEMERS, of Marrero, LA, age 68, was indicted on June 2, 2023, by a federal grand jury for one count of misprision of a felony related to funds received from a fraud victim announced U.S. Attorney Duane A. Evans.
According to the charging documents, DEMERS received $8,600 from a fraud victim on or about July 9, 2021. Rather than contact the authorities, DEMERS converted some of the funds to her own use and attempted to wire the funds elsewhere.
DEMERS faces a sentence of up to three years in prison, up to $250,000 in fines, and up to one year of supervised release. There is also a $100 mandatory special assessment fee due after conviction. U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Secret Service and the Jefferson Parish Sheriff's Office Economic Crimes Section in investigating this matter. Assistant U.S. Attorney Edward J. Rivera of the Financial Crimes Unit is in charge of the prosecution.
Former Co-Owner of Minnesota Vikings Sentenced to 75 Months in Prison for Providing Shadow Banking Services to Cryptocurrency ExchangesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that REGINALD FOWLER was sentenced to 75 months in prison for arranging to process more than $700 million of unregulated transactions on behalf of cryptocurrency exchanges, in violation of federal anti-money laundering laws, lying to U.S. banks to do so, and defrauding the Alliance of American Football (“AAF”), a short-lived professional football league, in connection with his acquisition of a significant ownership stake in the league.
U.S. Attorney Damian Williams said: “Reginald Fowler evaded federal law by processing hundreds of millions of dollars of unregulated transactions on behalf of cryptocurrency exchanges as a shadow bank. He did so by lying to legitimate U.S. financial institutions, which exposed the U.S. financial system to serious risk. He then victimized a professional football league by lying about his net worth in exchange for a substantial portion of the league. Let it be clear: this Office is committed to prosecuting people who lie to banks and skirt the law as a means to conduct their business.”
According to court filings and statements made in court proceedings:[1]
In or about February 2018, REGINALD FOWLER established Global Trading Solutions LLC (“GTS”) and began working with Crypto Capital and other related companies (the “Crypto Companies”), which were operated by Israeli nationals. The Crypto Companies marketed themselves as providing a seamless way for individuals to exchange standard currency for cryptocurrency. A number of cryptocurrency exchanges began using the Crypto Companies to process their fiat-to-cryptocurrency transactions.
Because banks were reluctant to handle cryptocurrency transactions, in reality, the Crypto Companies could not access legitimate financial institutions. Instead, the Crypto Companies lied to banks in order to open accounts that were used to process cryptocurrency transactions without the banks’ knowledge. FOWLER opened dozens of such accounts in the United States and around the world. He did not disclose GTS’s involvement with the Crypto Companies and the fact that it was operating as a payment processor for hundreds of millions of dollars in cryptocurrency transactions. FOWLER also directed other individuals to include false information on wire transfer instructions to further deceive banks about the nature of GTS’s business. In less than 10 months, FOWLER processed approximately $750 million in cryptocurrency transactions in various currencies. At no point were FOWLER, GTS, nor any of the Crypto Companies ever licensed as a money transmitting business in the United States, as required by federal law.
Additionally, in 2018, FOWLER defrauded the AAF in connection with his acquisition of a significant ownership stake in the league. In the course of negotiating his investment in the AAF, FOWLER falsely claimed personal ownership of GTS funds that, in fact, belonged to clients of FOWLER’s illegal money transmission service established in support of the Crypto Companies. As he did when opening bank accounts, FOWLER lied to AAF executives, telling them that the funds in the GTS bank accounts derived from real estate investments as well as government contracts and that the tens of millions of dollars in the GTS accounts were liquid assets he could use to invest in the AAF. FOWLER did not disclose his involvement with the Crypto Companies. Moreover, although FOWLER experienced account closures and government seizure of GTS funds in the month leading up to his investment in the AAF, FOWLER did not disclose those facts to the AAF. FOWLER acquired a significant investment stake in the AAF in November 2018 yet was unable to fund that investment. Based, in part, on FOWLER’s lies, the AAF declared bankruptcy in about April 2019, ending the season and dashing the hopes of FOWLER’s victims.
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In addition to the prison sentence, FOWLER, 64, of Chandler, Arizona, was ordered to pay forfeiture of $740,249,140.52 and restitution in the amount of $53,189,261.80 to the AAF.
Mr. Williams praised the outstanding investigative work of Special Agents from the Federal Bureau of Investigation’s New York Money Laundering Investigation Squad and Special Agents from the Internal Revenue Service-Criminal Investigations.
The prosecution of this case is being overseen by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant U.S. Attorneys Jessica Greenwood, Samuel Raymond, Samuel Rothschild, and Sheb Swett are in charge of the case.
[1] As to FOWLER’s co-defendants, the entirety of the text of the Indictments and the descriptions in the Indictments set forth below constitute only allegations, and every fact described should be treated as an allegation.
Food Wholesaler Pleads Guilty to Smuggling Tainted Chinese EelRead the Press Release
LOS ANGELES – A Pomona man and his food wholesale company have pleaded guilty in federal court to attempting to smuggle Chinese frozen roasted eel for human consumption which had been previously refused entry into the United States, federal authorities announced today.
Kevin Sheng Hsiang Fang, 41, and Fang’s City of Industry-based food wholesale business, Yong Chang Trading Co., Ltd. (dba Heng Xing Foods, Inc.), each pleaded guilty May 31 to one count of smuggling and one count of introducing adulterated food into interstate commerce.
Fang was a high-volume importer of Chinese frozen roasted eel, commonly known as unagi. The criminal case stems from a shipment of Fang’s imported Chinese frozen roasted eel that was sample tested by the Food and Drug Administration (FDA) and found to be unsafe for human consumption, which prompted the FDA to refuse its entry into the United States. Fang admitted that he knowingly re-imported the previously refused Chinese frozen roasted eel, using new entry information and comingled with other eel to evade detection.
When he pleaded guilty, Fang admitted that the Chinese frozen roasted eel which he tried to import and distribute was adulterated with Gentian Violet, Leucogentian Violet and Malachite Green, unsafe new animal drugs. The use of these antibiotics or chemicals during various stages of aqua-cultured food can result in the presence of residues of the parent compound or its metabolites in the edible portion of the aqua-cultured seafood. The presence of antibiotic residues may contribute to an increase of antimicrobial resistance in human pathogens, according to an FDA alert. Moreover, prolonged exposure to Malachite Green and Gentian Violet has been shown to have a carcinogenic effect.
The FDA, in partnership with U.S. Customs and Border Protection (CBP), serves as the first line of defense for America’s imported seafood supply chain and utilizes import alerts for aqua-cultured seafood from countries around the world. Seafood and fish products are temporarily detained with FDA detention holds to prevent the introduction of contaminated food product into commerce. The FDA contacts importers to advise of the hold with a detention hold notification and waits for the sample testing results to establish that a seafood or fish product is non-violative. The regulatory framework prevents the entry and distribution of potentially violative or unsafe seafood to customers in the United States, and it serves to protect the integrity and safety of the imported fish and seafood supply chain for human consumption.
“Federal laws that prohibits the smuggling of certain food products are intended to protect consumers from hazards to their health,” said United States Attorney Martin Estrada. “We are committed to working with our law enforcement partners to protect the American people from such public health dangers and to ensure the safety of our food supply.”
“Today’s announcement serves as a reminder that food importers have a critical responsibility to sell food that is safe for American consumers to eat,” said Special Agent in Charge Robert M. Iwanicki of the FDA’s Office of Criminal Investigations, Los Angeles Field Office. “We will continue to pursue and bring to justice those who put the public health at risk by distributing adulterated foods in the U.S. marketplace.”
“This individual showed complete disregard for the health and safety of the U.S. consumer by knowingly bringing tainted products into the market,” said Eddy Wang, Homeland Security Investigations (HSI) Los Angeles Acting Special Agent in Charge. “Thanks to the professionalism and dedication of multiple partner agencies, this criminal activity has been disrupted.”
“The result of this investigation to detect and prevent the illegal trade of wildlife species was made possible through the diligent work, dedication, and collaboration among all law enforcement agencies involved,” said Special Agent in Charge Manisa Kung of the U.S. Fish and Wildlife Service’s Office of Law Enforcement, Pacific Southwest Region.
Fang is scheduled to be sentenced on August 14 by United States District Judge Percy Anderson. As a result of his guilty pleas, Fang will face a statutory maximum sentence of 21 years in federal prison.
This case was investigated by the FDA, Office of Criminal Investigations; Homeland Security Investigations; and the U.S. Fish and Wildlife Service.
Assistant United States Attorney Amanda M. Bettinelli of the Environmental Crimes and Consumer Protection Section is prosecuting the case.
Felon Sentenced to 60 Months for His Role in Illegal Firearms PurchaseRead the Press Release
PHOENIX, Ariz. – Keymal Bert Rucker, 31, of Laughlin, Nevada, was sentenced last week by United States District Judge Susan M. Brnovich to 60 months in prison. Rucker pleaded guilty to Aiding and Abetting a False Statement During the Purchase of a Firearm.
From May 2019 to July 2020, Rucker directed his co-defendant, Rochelle Renee Conlin, to buy at least 102 firearms from Arizona gun stores on his behalf. Rucker provided Conlin with the money to purchase firearms, instructed her on what firearms to purchase, and took possession of the firearms after she purchased them. At the time, Rucker knew that he was a convicted felon who was prohibited from possessing firearms or ammunition. Five of the handguns that Conlin purchased for Rucker have been recovered by law enforcement in California.
At the time of Rucker’s arrest, the Bureau of Alcohol, Tobacco, Firearms and Explosives seized two machine gun conversion devices, a Glock pistol, an AR-15 style rifle, and several hundred rounds of ammunition from his residence. A machine gun conversion device, commonly referred to as a “switch,” converts a pistol from semi-automatic to fully automatic. Previously seized from his vehicle and residence were two loaded .40 caliber handguns, an AK-47 pistol, extended and drum magazines, over 2,000 rounds of ammunition, body armor, approximately $14,000 in U.S. currency, marijuana, cocaine, psilocybin mushrooms, MDMA, an embossing machine with accessories, seven jars of Tannerite, and binary explosives.
This case was 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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement, and the local community to develop effective, locally based strategies to reduce violent crime.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-08082-SMB-PHX
RELEASE NUMBER: 2023-085_Rucker# # #
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.Dominican Man Previously Convicted in Fentanyl Conspiracy Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Dominican man was sentenced on May 31, 2023 in federal court in Boston for illegally reentering the United States after deportation.
Milton Jose Arias, 32, was sentenced by U.S. District Court Judge Allison D. Burroughs to 21 months incarceration. Arias will be subject to deportation proceedings upon completion of his sentence. On Jan. 10, 2023, Arias pleaded guilty to one count of unlawful reentry.
Arias is a citizen of the Dominican Republic who illegally entered the United States at an unknown time and location without inspection. In July 2019, Arias was convicted in federal court in Boston of fentanyl distribution and fentanyl distribution conspiracy and, in March 2020, was removed from the United States.
In January 2022, Arias was found to have unlawfully reentered the United States without the appropriate permission sometime after his removal.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England; and Lawrence Police Chief Roy P. Vasque made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Levy’s Major Crimes Unit prosecuted the case.Convicted Felon Pleads Guilty to the Illegal Possession of FirearmsRead the Press Release
CONCORD – A former Ohio man pleaded guilty today in federal court to the illegal possession of firearms, U.S. Attorney Jane E. Young announces.
Bernard Murphy, a/k/a Bernard Malik El, 38, pleaded guilty to the illegal possession of two firearms as a prohibited person. Chief U.S. District Court Judge Landya McCafferty scheduled sentencing for September 18, 2023.
On May 2021, the defendant had been residing at the Days Inn in Campton for several months when Campton Police Department received a tip about his potential involvement in narcotics trafficking at the hotel. Upon searching the defendant’s hotel room, law enforcement seized a 9MM handgun and a loaded 12-gauge shotgun. Murphy is prohibited from possessing firearms due to a prior felony conviction in the State of Ohio in 2008.
The charging statute provides a sentence of no greater than 10 years in prison, 3 years of supervised release, and a fine of $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.
The Federal Bureau of Investigations and the Campton Police Department led the investigation. Valuable assistance was provided by the Bureau of Alcohol Tobacco, Firearms and Explosives. Assistant U.S. Attorney Charles L. Rombeau is prosecuting the case.
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Connecticut Woman Faces up to 20 Years for Fentanyl and Cocaine TraffickingRead the Press Release
BANGOR, Maine: A Connecticut woman pleaded guilty in U.S. District Court in Bangor today to possessing fentanyl and cocaine base with the intent to distribute.
According to court records, the Franklin County Sheriff’s Office began an investigation into the suspected trafficking of illegal narcotics from an Avon residence. In July 2020, law enforcement executed a search warrant and found Chrissie LaForge, 42, inside the residence. Law enforcement seized approximately $1,200 in cash from LaForge and found 44.9 grams of fentanyl and 12.65 grams of cocaine base in her purse.
LaForge faces up to 20 years imprisonment and a minimum of three years and up to a lifetime of supervised release. She will be sentenced after the completion of a presentence investigative report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Drug Enforcement Administration, Maine Drug Enforcement Agency, and the Franklin County Sheriff’s Office investigated this case.
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Colorado Man Sentenced for Conspiring to Distribute TramadolRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that John Gentile, 59, of Arvada, Colorado, was sentenced by United States District Court Judge William K. Sessions III to two years of probation for conspiring to distribute Tramadol. Tramadol is an opioid used for pain relief and is classified as a Schedule IV controlled substance under federal law.
According to court records, beginning in or about January 2020 and continuing through 2021, Gentile became involved in receiving and redistributing controlled substances and misbranded pharmaceutical drugs shipped to him by a drug supplier in India. Typically, large quantities of the substances, including Tramadol and others, were shipped from outside the United States and received by Gentile in Colorado. Gentile then redistributed smaller quantities of the substances, including Tramadol, to customers via mail. Gentile also shipped a package to a Vermont coconspirator and received electronic payments from the Vermont coconspirator as reimbursement for shipping and packaging drugs. Gentile was arrested in March 2022. At the time of his arrest, investigators seized approximately 17,500 pills from his vehicle. The pills included Tramadol and other Schedule IV controlled substances like Alprazolam (Xanax) and Zolpidem (Ambien), among others.
U.S. Attorney Nikolas P. Kerest commented, “At a time when counterfeit prescription drugs are being used to hide fentanyl from unsuspecting users, it is especially important for law enforcement to be on the look out for prescription drugs being distributed without signoff from a medical professional. The FDA’s Office of Criminal Investigations did excellent work to identify Gentile’s illegal receipt and redistribution of Tramadol and other controlled substances. This office looks forward to continued partnership with FDA to ensure that illegal distributors like Gentile are brought to justice.”
“Prescription drugs that are smuggled from overseas and are outside the secure supply chain can present a serious health risk to those who use them. The drugs may contain dangerous ingredients and are manufactured under unknown conditions,” said Special Agent in Charge Fernando P. McMillan, FDA Office of Criminal Investigations, New York Field Office. “We will continue to investigate and bring to justice those who traffic in illegal prescription drugs.”
This case was investigated by the Food and Drug Administration, Office of Criminal Investigations.
Assistant United States Attorney John J. Boscia represented the government. William E. Kraham, Esq. represented Gentile.
Collin County Dentist Sentenced for COVID-19 Relief Related FraudRead the Press Release
PLANO, Texas – A Plano dentist has been sentenced to federal prison for COVID-19 relief related violations in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs today.
Brian Bui, 43, pleaded guilty to wire fraud and was sentenced to 18 months in federal prison today by U.S. District Judge Sean D. Jordan.
According to court documents, Bui used his dentistry business to obtain at least two Paycheck Protection Program (PPP) loans by submitting materially false application paperwork, including fabricating supporting documentation and lying about the number of employees and monthly payroll expenses. As a result of his conduct, he obtained approximately $1.89 million in forgivable loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Bui used the funds in a manner not authorized by the program, including for non-business, personal investments. Bui was also ordered to pay restitution in the amount of $1,491,305.97.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Anand Varadarajan.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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Cleveland Man Sentenced on Drug Trafficking and Firearm ChargesRead the Press Release
CLEVELAND – Deven Smith, 44, of Cleveland, Ohio, was sentenced on Wednesday, May 31, 2023, to 211 months in prison by U.S. District Judge Sara Lioi after he pleaded guilty to possession with intent to distribute cocaine and methamphetamine, carrying a firearm during a drug trafficking crime, and being a felon in possession of a firearm and ammunition.
According to court documents, on July 15, 2021, Cleveland Police Safe Streets Task Force initiated a traffic stop of a 2008 Audi Q7 that was parked and running in the area of East 79th Street and St. Clair Avenue in Cleveland. When officers approached the driver, Deven Smith, they observed a bag of suspected controlled substance on the front passenger seat, several clear plastic bags on Smith’s lap, and a digital scale in the center console. Smith admitted to officers that he also had a firearm in the vehicle. A search of the vehicle revealed a Ruger, model P345 .45 caliber pistol between the driver’s seat and the center console. Officers also located just over 10 grams of cocaine base, almost 30 grams of cocaine, methamphetamine and two cell phones. Smith is prohibited under federal law from possessing a firearm due to previous felony convictions.
The investigation was conducted by the Cleveland Police Department and the Federal Bureau of Investigation.
This case was prosecuted by Assistant United States Attorney Scott Zarzycki.
Caribou Man Faces 10+ Years for Role in Penobscot and Aroostook County Drug TraffickingRead the Press Release
BANGOR, Maine: A Caribou man pleaded guilty today in U.S. District Court in Bangor to conspiracy to distribute and possess with intent to distribute methamphetamine and fentanyl.
According to court records, between January 2018 and December 2021, John Miller, 22, conspired with others to traffic methamphetamine and fentanyl in Penobscot and Aroostook counties. Miller knowingly and intentionally joined and participated in the conspiracy.
Miller is the eleventh defendant to plead guilty in this case; four other participants in the conspiracy were sentenced in prior related cases. Miller faces at least ten years and up to life imprisonment and a minimum of five years of supervised release. He will be sentenced after the completion of a presentence investigative report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; and Maine Drug Enforcement Agency investigated the case. Assistance was provided by the police departments in Orono, Bangor, Brewer, Caribou, Presque Isle and Houlton. U.S. Attorney Darcie McElwee also recognized the cooperation and coordination provided by the Maine State Attorney General’s Office and the Aroostook County District Attorney’s Office.
Organized Crime Drug Enforcement Task Forces: This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Canton Defendant Sentenced on Racketeering and Drug Trafficking ChargesRead the Press Release
AKRON – Justin Bush, 35, of Canton, Ohio, was sentenced to 96 months imprisonment on Wednesday, May 31, 2023 by U.S. District Judge Sara Lioi after he pleaded guilty to racketeering conspiracy, conspiracy to possess with intent to distribute narcotics, and to distributing narcotics. Bush was also ordered to pay a $300 Special Assessment and serve 3 years of supervised release after release from imprisonment.
According to court documents, Bush was a member of the Shorb Blocc gang that was responsible for violent street crimes including shootings and robberies as well as drug distribution in Canton, Ohio for much of the last decade. Bush was a long-term member of the Shorb Blocc gang and took part in criminal activities supporting the gang such as shooting at rival gang members and selling narcotics, specifically fentanyl.
The investigation was conducted by the Canton Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This case was prosecuted by Assistant United States Attorneys Robert Corts, Vasile Katsaros and Toni Beth Schnellinger Feisthamel.
Canadian Company Pleads Guilty to Illegally Selling Harp Seal Oil in the United StatesRead the Press Release
FeelGood Natural Health Stores Ltd. (FeelGood) pleaded guilty today to one count of violating the Lacey Act by knowingly transporting and selling harp seal oil capsules in violation of the Marine Mammal Protection Act (MMPA). The MMPA makes it unlawful to transport or sell any marine mammal, including harp seals, or products thereof, for any purpose other than public display, scientific research, or enhancing the survival of a species or stock.
According to the plea agreement, FeelGood is a Canadian corporation located in Whitby, Ontario, Canada. Between at least April 2019 and May 2021, FeelGood offered harp seal oil capsules for sale in the United States on both its own webpage and a third-party platform. It did so even though its website on the third-party platform acknowledged, “NOT ship to USA,” and though FeelGood received a notice that some shipments had been seized by the federal government for violation of the MMPA. Nevertheless, FeelGood shipped at least 936 bottles of capsules valued at over $10,000. FeelGood either shipped purchased items directly from Canada to the customer in the United States (in some instances a covert U.S. Fish and Wildlife Special Agent) or shipped the items from or through fulfillment centers run by a third party in the United States.
“Our wildlife laws were passed to ensure the continued existence and enjoyment of these natural resources for future generations,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Those who deliberately exploit marine mammals for commercial purposes in U.S. markets in violation of our wildlife laws will be criminally prosecuted.”
“This office takes the security of our borders very seriously. The illegal importation of marine mammal products not only violates the Marine Mammal Protection Act but also jeopardizes the safety of protected species such as harp seals,” said U.S. Attorney Dawn N. Ison for the Eastern District of Michigan.
FeelGood faces a maximum sentence of a fine of $500,000 and five years’ probation. Pursuant to the plea agreement the parties agree to recommend a fine of $20,000 and three years’ probation during which FeelGood must create and implement a compliance plan, train its employees, obtain any necessary licenses, and cooperate fully with the government. Sentencing is scheduled for Sept. 28.
The Lacey Act prohibits trafficking in fish and wildlife, or plants taken, possessed, transported or sold in violation of underlying federal, state, foreign or Indian Tribal law. The Lacey Act also prohibits making or submitting a false label, record, or account of fish, wildlife, or plant that has been or is intended to be transported in interstate or foreign commence.
The U.S. Fish and Wildlife Service Office of Law Enforcement investigated the case.
The Environment and Natural Resources Division’s Environmental Crimes Section and the U.S. Attorney’s Office for the Eastern District of Michigan prosecuted the case.
Cahokia Heights Teen Indicted for Trafficking Glock Switches from ChinaRead the Press Release
EAST ST. LOUIS, Ill. – A teenager from Cahokia Heights was arraigned on a two-count indictment in federal court, and he is now facing charges for engaging in a scheme to transport Machine Gun Conversion Devices, more commonly known as Glock switches, from China to St. Clair County.
Carlos Akins, 19, is facing one count of unlawful possession of a machine gun and one count of transporting prohibited weapons without a license.
“Glock switches have exploded in popularity in recent years, and federal law enforcement agencies are working together to remove the devices from our communities,” said U.S. Attorney Rachelle Aud Crowe. “Our office stands ready to prosecute the individuals responsible for trafficking Glock switches into southern Illinois.”
“The growing popularity of machine gun conversion devices poses a very real threat to public safety and the law enforcement community,” said Bernard Hansen, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, Kansas City Field Division. “As this case clearly demonstrates, ATF is committed to working with our local, state and federal partners to investigate the trafficking and use of these devices and remove them from our communities.”
“Conversion devices or switches that allow a handgun to become fully automatic are becoming more common and the Illinois State Police Public Safety Enforcement Group is committed to stopping the proliferation of these devices,” said ISP Director Brendan F. Kelly.
According to court documents, U.S. Customs and Border Protection in Chicago intercepted a package of 10 Glock switches from China in route to an address in East St. Louis for Akins in December 2022. CBP notified ISP of the package, and troopers partnered with ATF to conduct a controlled pick-up for the defendant.
After his arrest, Akins gave law enforcement consent to search his bedroom. Officers located a Glock with a purple switch, an extended magazine and an additional cell phone. During an interview, the defendant told police he ordered Glock switches from an app and had sold nine switches to customers for a total of $2,000.
In January 2023, Homeland Security Investigations seized another package of 10 Glock switches addressed to Akins. In total, Akins is accused of ordering 30 Glock switches from China.
Under federal law, auto sears, commonly known as Glock switches, are defined as a machine gun, because the relatively simple and small conversion devices can turn semi-automatic pistols into automatic weapons.
If convicted, the defendant can be sentenced to up to 15 years in federal prison and face fines up to $250,000.
An indictment is merely a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
ATF and ISP are contributing to the investigation, and Assistant U.S. Attorney Kimberly Arshi is prosecuting the case.
Armed Security Guard at 26 Federal Plaza Indicted for Violating the Constitutional Rights of an Individual Through Forced Sexual AssaultRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that JIMMY SOLANO-ARIAS, a former armed security guard at the Jacob K. Javits Federal Office Building located at 26 Federal Plaza in Manhattan, was indicted in federal court for violating the constitutional rights of an asylum seeker (the “Victim”) by forcing the Victim, through the threat of death or serious bodily injury, to perform oral sex on SOLANO-ARIAS while inside a locked office in 26 Federal Plaza. SOLANO-ARIAS was arrested and charged by Complaint on May 5, 2023. The case is assigned to U.S. District Judge Paul G. Gardephe.
U.S. Attorney Damian Williams said: “As alleged, Jimmy Solano-Arias, an armed security guard who was tasked with keeping the many federal employees and visitors to 26 Federal Plaza safe, instead used his uniform and firearm to force a vulnerable individual who was seeking asylum to perform oral sex on him. This Office is committed to holding all those who act under color of law accountable when they abuse their power and violate the constitutional rights of others. We encourage anyone who may have additional information into Jimmy Solano-Arias’s conduct to please call the FBI at 1-800-CALL-FBI.”
FBI Assistant Director in Charge Michael J. Driscoll said: “As alleged, Solano-Arias, who was employed as an armed security guard assigned to 26 Federal Plaza, sexually assaulted the victim, who had come to the building to complete his asylum paperwork. In doing so, he violated the victim’s constitutional rights through forced sexual assault. As today’s indictment should demonstrate, the FBI will never tolerate this type of activity, and Solano-Arias will be forced to face the consequences of his actions.”
According to the allegations in the Complaint and Indictment that were filed in Manhattan federal court:[1]
On or about May 4, 2023, SOLANO-ARIAS was employed as a security guard by a company that contracts with the Federal Protective Service to provide armed security services at 26 Federal Plaza. SOLANO-ARIAS was wearing a black and gray security guard uniform and carrying his employer-issued firearm on his waistband.
On or about May 4, 2023, the Victim went to 26 Federal Plaza for the purpose of submitting an asylum application. Once there, SOLANO-ARIAS offered to assist the Victim with his asylum paperwork. Instead of providing assistance, however, SOLANO-ARIAS led the Victim to a locked office on the second floor of 26 Federal Plaza, where SOLANO-ARIAS demanded that the Victim perform oral sex on SOLANO-ARIAS. When the Victim attempted to resist SOLANO-ARIAS’s demands, SOLANO-ARIAS touched his firearm, which was holstered on his waist. Fearing that SOLANO-ARIAS would kill the Victim, the Victim performed oral sex on SOLANO-ARIAS, which caused physical pain and injury to the Victim. After the assault, when the Victim was able to leave the office, he immediately reported the sexual assault to law enforcement.
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SOLANO-ARIAS, 42, of the Bronx, New York, is charged with one count of deprivation of rights under color of law, which involved kidnapping and aggravated sexual abuse, and which carries a maximum sentence of life in prison.
The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the FBI. Mr. Williams requests that any individuals who have information with respect to JIMMY SOLANO-ARIAS contact the FBI Tip Line at 1-800-CALL-FBI.
The prosecution of this case is being handled by the Office’s Civil Rights Unit in the Criminal Division. Assistant U.S. Attorney Lindsey Keenan is in charge of the prosecution.
The charge contained in the Complaint and the Indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and Indictment and the description of the Complaint and Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
u.s_v._solano-arias_indictment.pdf u.s._v._solano-arias_complaint.pdfArmed Drug Dealer Sentenced to Eight Years in Federal PrisonRead the Press Release
Spokane, WA – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that Joseph William Baker, age 28, of Airway Heights, Washington, was sentenced to 96 months in federal prison by Senior District Court Judge Wm. Fremming Nielsen. Baker was convicted of Possession with Intent to Distribute 5 Grams of Actual (Pure) Methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(viii), stemming from a traffic stop on November 22, 2021.
According to information disclosed during court proceedings, on November 22, 2021, the Whitman County Sheriff’s Office (“WCSO”) conducted a traffic stop on a vehicle driven by Baker in the Colfax, Washington area. Upon contact with WCSO deputies, Baker appeared extremely nervous and was shaking uncontrollably. He was unable to produce a driver’s license and advised the deputy that his driver’s license was suspended. Baker was asked to get out of his car, and in doing so, the deputy noticed a bag of heroin on the floor of the vehicle. A subsequent search of Baker’s person revealed methamphetamine in his pocket as well as just over $800 in U.S. Currency. Baker admitted the money was from drug sales and that there was a loaded handgun in his car that may have been stolen.
A state search warrant was obtained for Baker’s vehicle, and the WCSO located over 100 fentanyl-laced pills, approximately two ounces of methamphetamine, two ounces of heroin, two working digital scales with drug residue on them, and a loaded Smith & Wesson Bodyguard .380 ACP caliber semi-automatic firearm. A record check on the firearm, and subsequent witness interviews, revealed the firearm was stolen from the Spokane area about a week prior to the traffic stop. After Baker’s federal indictment, he was released to attend drug treatment. After about one week in treatment, Baker left, absconded from supervision, and was a fugitive for close to seven months before being located and rearrested.
During the sentencing hearing, Judge Nielsen noted that drug trafficking is a very serious activity that harms the community. The Court explained that Baker’s activities fed the addictions of others and created additional addicts. Judge Nielsen further noted that Baker engaged in this dangerous conduct notwithstanding multiple prior felony convictions and a history of assaultive behavior. As Judge Nielsen put it, Baker had “thumb[ed] his nose at the system,” by failing to appear for his criminal cases on at least twelve separate occasions.
“I’m grateful for the professionalism and dedication of the federal and state law enforcement team, who work together to keep our communities safe,” stated U.S. Attorney Waldref. “Mr. Baker brought dangerous drugs into our community and possessed stolen firearms that put our neighborhood at risk. Today’s sentence reaffirms our Office’s commitment to prevent violence and holding individuals accountable for their crimes.”
Whitman County Sheriff Brett Myers stated, “I could not be more pleased with the outcome of this case and the cooperation we received from our federal partners. The Whitman County Sheriff’s Office will continue to pursue every avenue we can to keep our communities, streets and neighborhoods safe from those who intend to violate the law and traffic in dangerous and deadly narcotics.” He continued, “The public expects its law enforcement agencies to protect and serve. In order to do that, we must also hold people accountable. Todays’ sentence demonstrates that in Whitman County and Eastern Washington accountability is the rule, not the exception.”
“Mr. Baker received many opportunities to bring his conduct in line with the law, but repeatedly chose not to do so,” said ATF Seattle Special Agent in Charge Jonathan T. McPherson. “Our communities are safer when we remove armed drug dealers from our streets for an extended period of time.”
This case was investigated by the Whitman County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. This case was prosecuted by Assistant United States Attorney Caitlin Baunsgard.
Case No.: 2:22-CR-024-WFN
Anthony Facos Joins U.S. Attorney’s Office as District’s Law Enforcement CoordinatorRead the Press Release
Burlington, Vermont – United States Attorney Nikolas P. Kerest announced that effective today Anthony Facos has joined the U.S. Attorney’s Office as the new Law Enforcement Coordinator for the District of Vermont.
“Tony brings extensive law enforcement knowledge and experience to this critical position,” said U.S. Attorney Kerest. “He has deep roots in the Vermont law enforcement community and is an incredibly well-respected law enforcement officer in the state. I look forward to working with Tony to continue to maintain and enhance our Office’s relationships with our law enforcement partners and community stakeholders throughout Vermont.”
Facos joins the Office with more than 35 years of state and local law enforcement experience. He spent 33 years with the Montpelier Police Department, including 13 years as Chief of Police. Most recently, Facos served as the Executive Director of the Division of Enforcement and Safety for Vermont’s Department of Motor Vehicles. Facos began his law enforcement career with the Vermont State Police’s Marine Patrol.
Facos has a bachelor’s degree and a master’s degree from Norwich University, in addition to training he received at the Vermont Police Academy and FBI National Academy. He has been an Executive Board Member of the FBI Albany Division’s Joint Terrorism Task Force as well as co-chair of Vermont’s Law Enforcement Advisory Board.
As Law Enforcement Coordinator, Facos’s duties will involve advising the U.S. Attorney on law enforcement issues throughout Vermont. Facos will facilitate communication among federal, state and local law enforcement within the District of Vermont. Facos will serve as liaison and conduit for state and local law enforcement agencies to bring cases for possible federal prosecution with an emphasis on reduction of violent crime. He will also promote community engagement regarding Department of Justice initiatives, law enforcement priorities, and crime prevention activities.
Ada Resident Sentenced for Second Degree MurderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Stephen Tanner Vineyard, age 31, of Ada, Oklahoma, was sentenced to 200 months in prison for second degree murder.
The charges arose from investigations by the Oklahoma State Bureau of Investigation, the Ardmore Police Department, the Carter County District Attorney’s Office, and the Federal Bureau of Investigation.
On May 10, 2022, Vineyard pleaded guilty to aiding and abetting a Murder in Indian Country – Second Degree. According to investigators, a 59-year-old Ardmore resident sustained multiple shotgun wounds in the early morning hours of June 30, 2014, and was left to die on her front porch. Years later, witnesses came forward and recounted statements Vineyard made at the time of the murder admitting his involvement.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because Vineyard is a member of a federally recognized Indian tribe and the crimes occurred in Carter County, within the boundaries of the Chickasaw Nation Reservation and the Eastern District of Oklahoma.
The Honorable David C. Joseph, U.S. District Judge in the United States District Court for the Western District of Louisiana, sitting by designation, presided over the hearings in Muskogee. Vineyard will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
9 Indicted in Joint Task Force Alpha Investigation as Part of Takedown of Migrant Smuggling OrganizationRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations El Paso, announced today that the indictment against 9 alleged human smugglers was unsealed.
A federal grand jury indicted all 9 defendants on May 18, 2023. According to the indictment and other court records, Jose Luis Avalos, aka “El Gordo,” 40, of El Paso, Texas, allegedly led the human smuggling operation. Avalos and his wife, Kristina Hardin, 41, of El Paso, Texas, were arrested in El Paso on June 1, 2023, and detention hearings are set on June 7, 2023 to determine whether they will remain in custody pending trial, which has not been scheduled. If convicted, Avalos and Hardin each face 20 years in prison.
Avalos’ brother, David Avalos-Solis, 48, of Chaparral, New Mexico, was arrested on May 24, 2023, and will remain in custody pending trial, which has not been scheduled. If convicted, Avalos-Solis faces 10 years in prison.
Nancy Orellana-Recinos, 37, of Rio Rancho, New Mexico, and a citizen of Guatemala, was arrested in Rio Rancho, New Mexico on June 1, 2023, and will remain in custody pending trial, which has not been scheduled. If convicted, Orellana-Recinos faces 20 years in prison and will be subject to deportation.
Dario Rey Gamboa, 19, and his twin brother Diego Rean Gamboa, aka “Sunny,” 19, both of Las Cruces, New Mexico, were arrested on May 23, 2023, and June 1, 2023, respectively. Dario Rey Gamboa was released on conditions, and Diego Rean Gamboa is pending a detention hearing to determine whether he will remain in custody pending trial, which has not been scheduled. If convicted, they each face 10 years in prison.
Cindy Marie Escobar, 42, of Lordsburg, New Mexico, was arrested on May 23, 2023, and is pending a detention hearing to determine whether she will remain in custody pending trial, which has not been scheduled. If convicted, Escobar faces 10 years in prison.
Justin Walker, 31, of Las Cruces, New Mexico was arrested on May 27, 2023, and will remain in custody pending trial, which has not been scheduled. If convicted, Walker faces 10 years in prison.
A warrant for the arrest of Adam Guerrero, 38 of Las Cruces, New Mexico has been issued.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
Attorney General Merrick B. Garland established Joint Task Force Alpha to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. JTFA consists of federal prosecutors from border U.S. Attorney’s Offices, from the Criminal Division and the Civil Rights Division, along with law enforcement agents and analysts from HSI and CBP. The FBI and the Drug Enforcement Administration are also part of the task force, along with other interagency partners.
The U.S. Customs and Border Patrol and the U.S. Border Patrol investigated this case. Assistant United States Attorney Randy M. Castellano is prosecuting the case.
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Virginia Man Sentenced to 10 Years in Prison for Shooting a Man in Northwest WashingtonRead the Press Release
WASHINGTON – Richard Nduba, 39, of Alexandria, Virginia, was sentenced today to 120 months in prison for firing multiple shots at a man in August 2022 in Northwest Washington D.C., announced U.S. Attorney Matthew M. Graves and Interim Chief Ashan Benedict, of the Metropolitan Police Department.
Nduba was convicted on March 22, 2023, following a three-day trial in the Superior Court of the District of Columbia, of assault with a dangerous weapon and possession of a firearm during the commission of a crime of violence. In addition to the prison term, the Honorable Erik Christian ordered 36 months of supervised release.
According to the government’s evidence, on August 10, 2022, the defendant argued with with the victim, a friend, outside the Walmart on 99 H Street NW around 7:00pm. After the argument, the victim, who is wheelchair bound, went to the 800 block of 1st street NW next to the Walmart’s loading dock area to speak on the phone. The defendant circled the block in his rental SUV until he found the victim. Upon finding the victim, the defendant lowered his window, pointed a black handgun at the victim, and shot at the victim twice. The defendant stopped shooting only after the victim acted as if he had been hit and played dead in his wheelchair. Both shots, however, missed the victim. A bullet hole was later discovered in Walmart’s loading dock door, next to where the victim had been sitting at the time of the shooting.
This case was investigated by the Metropolitan Police Department. It was investigated, prosecuted. and tried by Assistant U.S. Attorneys Omeed Assefi and Colin Cloherty of the Major Crimes Unit of the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by Assistant U.S. Attorneys Kimberly Nielsen and Kathleen Kern, Paralegal Specialist Debra McPherson, and Litigation Technology Specialist Charlie Bruce.
Verona Man Sentenced to 30 Months for Illegal Gun PossessionRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Lazerek Austin, 19, Verona, Wisconsin was sentenced today by Chief U.S. District Judge James D. Peterson to 30 months in prison for being a felon in possession of a firearm. Austin pleaded guilty to this charge on February 24, 2023.
On May 31, 2022, Austin was convicted in Dane County Circuit Court of felony car theft, and he was released pending sentencing. Austin failed to appear at sentencing on July 20, 2022, at which time a warrant was issued for his arrest.
Over the course of that summer, law enforcement was monitoring the social media activities of a local street gang in response to retaliatory violence between it and another gang. Detectives found photographs and video of Austin in possession of several different firearms that were posted after he was convicted and failed to appear in court.
On August 17, 2022, detectives located Austin at an apartment in Middleton and arrested him. Inside of the apartment they located a handgun inside of a box in the closet. Austin’s DNA was found on that handgun.
Subsequent investigation found numerous pictures of Austin holding handguns, an AR15, an AK variant, and Glocks that had a full auto switch installed on them. Austin told detectives that one photo was of him holding five handguns that belonged to others. He admitted that he posed in those photos to look tough and said that he kept a gun for protection from others who thought that he did something to wrong them. Some of the photos involved Austin openly holding handguns and AR15’s in parking lots, and many showed him with guns in cars in Madison and Chicago.
At sentencing, Judge Peterson recognized that Austin was a very young man but said that he gave the court no option but to send him to prison because he was a danger to the community. Judge Peterson considered the nature of the photos that Austin posted as showing he was part of a group where he and his friends were reinforcing each other’s bad behavior, and that trajectory was that someone was going to get shot. In weighing the options of protecting the public versus rehabilitation, Judge Peterson said that the court had to stand up for the protection of the community. Austin was also ordered to serve three years of supervised release.
The charge against Austin was the result of an investigation conducted by the Fitchburg, Madison, and Middleton Police Departments, the Dane County Sheriff’s Office Tactical Response Team, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of the case has been handled by Assistant U.S. Attorney Corey Stephan.
This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.
Vermont Man Sentenced to 10 Years Following Jury Conviction for Attempted Enticement of a MinorRead the Press Release
ALBANY, NEW YORK – Thomas Cesiro, age 69, of Rutland, Vermont, was sentenced today to 10 years in prison for attempting to entice a minor to engage in sexual activity.
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.
After a three-day trial, the jury voted to convict Cesiro on October 13, 2022. The trial evidence established that from October 10 to October 20, 2020, Cesiro exchanged more than 1,000 text messages and 9 phone calls with Albany-based investigators who were posing as both a 12-year-old girl and the adult mother of the girl. During one phone call, Cesiro instructed the girl how to conduct a sexual act.
On October 20, 2020, Cesiro traveled from his residence in Rutland to Bennington, Vermont, to meet the purported mother and 12-year-old child, and brought with him various sex devices and gifts for the child, including a vibrating Frozen-themed toothbrush. Cesiro was encountered by law enforcement officials upon his arrival to the meeting location and arrested.
United States District Judge Mae A. D’Agostino also imposed a 10-year term of post-imprisonment supervised release.
This case was investigated by the FBI and its Child Exploitation Task Force, including investigators from the Colonie Police Department, Rotterdam Police Department, and New York State Police, and was prosecuted by Assistant United States Attorneys Rachel Williams and Richard Belliss.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s offices, Project Safe Childhood marshals federal, state, and local resources to better located, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc/.
Utah County Woman Pleads Guilty to Committing $5M in Securities Fraud from InvestorsRead the Press Release
Salt Lake City, Utah – A Utah woman pleaded guilty Tuesday to securities fraud and admitted she devised a scheme intended to defraud investors and obtain money and property, under false pretenses, to benefit her company, ProSky Inc.
According to court documents, Crystal A. Huang, 41, of Lehi, admitted she knowingly offered investments in her company, ProSky Inc., by providing false promises to potential investors. From February 2015 through February 2020, in the District of Utah and elsewhere, Huang would lull investor victims into a false sense of security about their investments by claiming her company, ProSky Inc., had millions in recurring revenue, when in fact it did not. She further supported her false claims by providing investors with falsified balance sheets, profit and loss statements, bank account statements and customer lists. During her scheme to defraud, Huang obtained approximately $5.025 million from approximately 13 investors and communicated via email, telephone and through an online database. In one transaction, Huang caused a wire transfer of $750,000 to ProSky Inc. via interstate commerce.
Huang is scheduled to be sentenced on August 15, 2023, at 2:00 p.m. in courtroom 8.1 before U.S. District Court Judge David Barlow at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case is being investigated by the FBI Salt Lake City Field Office, Provo Resident Agency.
Assistant U.S. Attorney Mark E. Woolf of the District of Utah is prosecuting the case.