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Thursday 1 June 2023
Browning felon sentenced to prison for illegal possession of firearmRead the Press Release
GREAT FALLS — A Browning man with felony convictions was sentenced today to 35 months in prison, to be followed by three years of supervised release, for illegally possessing guns, U.S. Attorney Jesse Laslovich said.
Kyle Lynn Brown, 49, pleaded guilty in January to prohibited person in possession of a firearm.
Chief U.S. District Judge Brian M. Morris presided.
In court documents, the government alleged that beginning in 2022, law enforcement began receiving information that Brown was possessing firearms and dealing drugs on the Blackfeet Indian Reservation. In May 2022, law enforcement stopped Brown and found him in possession of a .40-caliber handgun. In July 2022, law enforcement stopped Brown again and found him in possession of a small amount of methamphetamine and a loaded handgun. Brown had a prior federal felony drug conviction and was prohibited from possessing firearms.
Assistant U.S. Attorney Jessica A. Betley prosecuted the case. The FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, Blackfeet Law Enforcement Services and Montana Highway Patrol conducted the investigation.
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Birmingham Man Pleads Guilty to Car Theft SchemeRead the Press Release
BIRMINGHAM, Ala. – A Birmingham man pleaded guilty to a scheme involving the theft and interstate shipment of at least $1.6 million in stolen cars, announced U.S. Attorney Prim F. Escalona and Homeland Security Investigations Acting Special Agent in Charge Travis Pickard.
Dexter Sherrod Pearce, 34, pleaded guilty this week to conspiracy and interstate transportation of stolen motor vehicles. As part of his plea, Pearce admitted that from May 2020 until August 2022, he and others stole and transported from one state to another at least 24 cars valued at over $1.6 million.
Pearce admitted as part of his plea that he and others stole cars from automobile dealerships and individuals in other states and transported them to the Northern District of Alabama to sell. The conspirators also stole cars in Alabama and transported them to other states to sell. To conceal that the cars were stolen and to facilitate the sale of the stolen cars, Pearce and others caused vehicle identification numbers to be altered, obtained false bills of sale and tag applications, and used the false documents to obtain bogus car titles and registrations.
According to the plea agreement, Pearce has agreed to pay restitution to the victims of his crimes and forfeit $227,615.00, representing the money he made during the conspiracy.
“The theft and interstate transportation of stolen vehicles has been a persistent problem in many parts of this country, and we are grateful for the work of HSI in unraveling this scheme,” said U.S. Attorney Escalona.
“Organized criminal activity, such as this, is extremely costly to victims and the economy as a whole,” said Acting Special Agent in Charge Travis Pickard, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Every day, HSI and our law enforcement partners, are working to disrupt these criminal organizations and bring those who look to profit from these stolen goods to justice.”
The maximum penalty for conspiracy is five years in prison and a $250,000 fine. The maximum penalty for interstate transportation of stolen cars is ten years in prison and a $250,000 fine.
The Department of Homeland Security is investigating the case. Assistant United States Attorneys George Martin and Catherine Crosby are prosecuting the case.
Bangor Man Sentenced to 5 Years for Conspiring to Distribute MethamphetamineRead the Press Release
PORTLAND, Maine: A Bangor man was sentenced today in U.S. District Court in Portland for conspiring to distribute 50 grams or more of a mixture or substance containing methamphetamine.
U.S. District Judge Nancy Torresen sentenced Oliver Terilli, 25, to 60 months of imprisonment followed by four years of supervised release. Terilli pleaded guilty on September 7, 2022.
According to court records, in July 2021, Terilli and co-conspirators sold approximately 1,000 grams of methamphetamine to an undercover officer working with the U.S. Drug Enforcement Administration (DEA). Following the sale, DEA agents arrested Terilli and two co-conspirators on drug trafficking charges. DEA agents also recovered nearly 500 grams of additional methamphetamine that Terilli and a co-conspirator were receiving as part of the transaction.
In a series of communications leading up to the methamphetamine sale, Terilli offered to sell firearms along with the methamphetamine to the undercover officer. Terilli identified the firearms as including submachine guns and AK-47s. In July 2021, Terilli was the driver in a one-vehicle accident on I-95 near Clinton. Maine State Police troopers responded and seized multiple firearms from the vehicle, including an AK-47 rifle, two 9 mm pistols, a .380 caliber pistol and a 12-gauge shotgun. Terilli was arrested on state charges of operating under the influence and possession of a loaded firearm in a vehicle and was later released on bail. After his release, Terilli reestablished communication with the DEA undercover officer and completed the methamphetamine sale.
Co-conspirators Antonio Mazzola and Jeremy Hemingway have pleaded guilty and will be sentenced after the completion of presentence investigation reports by the U.S. Probation Office. A federal district judge will determine any sentences after considering the U.S. Sentencing Guidelines and other statutory factors.
DEA’s Tactical Diversion Squad investigated the case, with assistance from the Maine State Police.
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Baltimore Man Pleads Guilty to Federal Charge in Connection with Scheme to Obtain More Than $550,000 in Fraudulent COVID-19 Cares Act LoansRead the Press Release
Baltimore, Maryland – Lawrence A. Walker, age 63, of Baltimore, Maryland, pleaded guilty yesterday to conspiracy to commit wire fraud, for fraudulently obtaining more than $262,000 through the Paycheck Protection Program (“PPP”), intended to provide financial assistance to small businesses under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Robert McCullough of the Baltimore County Police Department.
According to the plea agreement, from March 2021 through December 2021, Walker and a co-conspirator engaged in a scheme to fraudulently obtain a PPP loan for Walker’s business, Nutscola Street Promotions, LLC (“Nutscola”). Walker was the owner and resident agent, but Nutscola had no employees at the time and was not in operation.
As detailed in the plea agreement, on March 21, 2021, Walker and his co-conspirator submitted a PPP loan application that contained multiple misrepresentations, including that Nutscola had 13 employees and an average monthly payroll of $104,900.87. Walker and his co-conspirator fabricated a tax form and a February 2020 bank statement purportedly from Nutscola’s business account which were submitted in support of the loan application. Walker opened the Nutscola bank account on March 6, 2021, as part of the fraud scheme.
Based on the false representations and fraudulent documentation, the PPP loan was funded and approximately $262,252 in loan proceeds was distributed to the Nutscola bank account. After receiving the loan proceeds, Walker provided his co-conspirator with a kickback for his work in obtaining the loan—two checks totaling $78,000, which was approximately 30% of the loan amount.
Walker and his co-conspirator knew that, under the PPP rules, interest and principal on a PPP loan were eligible for forgiveness, if the business spent the loan proceeds on permissible items within a designated period of time and used a certain portion of the loan toward payroll expenses. To make it appear that the PPP loan funds were being used for legitimate purposes, on March 30, 2021, Walker signed an agreement with a payroll processor to provide payments using the PPP funds to purported employees of Nutscola, including Walker, his brother, and various other friends and associates. Use of the payroll services also created documentation that could be used to substantiate a request for the PPP loan to be forgiven.
According to the plea agreement, a total of $159,000 in sham payroll payments were made using funds traceable to the PPP loan obtained by Walker and Nutscola. None of the purported employees were actually employed by Nutscola and several of the purported employees provided the funds directly back to Walker. Walker used the loan proceeds to purchase a Mercedes-Benz automobile valued at more than $76,000 and to lease and fully furnish a luxury apartment in downtown Baltimore that overlooked Camden Yards baseball stadium. Neither use of the funds was permissible under PPP rules.
On December 31, 2021, Walker’s co-conspirator also fraudulently applied for an Economic Injury Disaster Loan (EIDL) under the CARES Act on behalf of Walker and Nutscola. The fraudulent EIDL loan did not close.
On April 26, 2022, law enforcement executed a federal search warrant at Walker’s residence and seized multiple electronic devices, including Walker’s phone, as well as over $30,000 in cash hidden in a garbage bag inside a heater in Walker’s bedroom. The $30,000 in cash constituted fraudulently obtained PPP funds.
Walker has made no payments in connection with the PPP loan obtained for Nutscola, and the entire PPP loan amount of $262,252 remains outstanding. As part of his plea agreement, Walker must forfeit the cash seized during the search, the Mercedes-Benz, and pay a money judgment of $262,252. Walker must also pay restitution of $262,252.
Walker faces a maximum sentence of 20 years in federal prison for the wire fraud conspiracy. U.S. District Judge Richard D. Bennett has scheduled sentencing for October 31, 2023.
The District of Maryland Strike Force is one of three strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the CARES Act. The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.
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.United States Attorney Erek L. Barron commended the FBI and the Baltimore County Police Department for their work in the investigation and thanked the Small Business Administration Office of Inspector General for its assistance. Mr. Barron thanked Assistant U.S. Attorney Paul A. Riley, who is prosecuting the case. He also recognized the assistance of the Maryland COVID-19 Strike Force Paralegal Specialist Joanna B.N. Huber.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.
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Austin Man Pleads Guilty in Deadly Fentanyl Overdose CaseRead the Press Release
AUSTIN, Texas – An Austin man pleaded guilty in a federal court in Austin on Tuesday to distribution of fentanyl causing death.
According to court documents, David Lee Jr., 46, was identified as a supplier of counterfeit oxycodone tablets and other counterfeit prescription pills in the investigation of the overdose death of an 18-year-old Coupland male. As part of the investigation, a Williamson County Sheriff’s Office investigator purchased eight oxycodone tablets from Lee. A laboratory analysis determined the tablets contained fentanyl, tramadol and florofentanyl. Lee himself initiated a subsequent sale of 1,000 oxycodone tablets to the investigator. The lab analysis from that controlled-buy revealed the tablets contained fentanyl. Other controlled-buys were made from one of Lee’s co-conspirators, Virginia Zepeda.
Lee faces a penalty of 20 years to life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Daniel C. Comeaux of the Drug Enforcement Administration Houston Division made the announcement.
The Drug Enforcement Administration, Williamson County Sheriff’s Office and Guadalupe County Sheriff’s Office are investigating the case.
Assistant U.S. Attorney Mark Marshall is prosecuting the case.
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Asheville Man Is Sentenced to Prison for Federal Firearms OffenseRead the Press Release
ASHEVILLE, N.C. – Today, U.S. District Judge Martin Reidinger sentenced Danquon Shermaine Brown, 32, of Asheville, to 33 months in prison followed by three years of supervised release for a firearms offense, announced Dena J. King, U.S. Attorney for the Western District of North Carolina
Bennie Mims, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Carla Neadeau of the Cherokee Indian Police Department join U.S. Attorney King in making the announcement.
According to court documents filed in the case and the sentencing hearing, in 2014, Brown was convicted in federal court in the Western District of North Carolina of possession with intent to distribute cocaine base and was sentenced to 60 months in prison. Brown’s federal conviction prohibits him from possessing a firearm or ammunition.
Court records show that in February 2022, officers with the Cherokee Indian Police Department (CIPD) received information that Brown, who at the time was staying at Harrah’s Cherokee Hotel and Casino in Cherokee, had outstanding arrest warrants in Buncombe County. On February 16, 2022, Brown checked out of the hotel. On the same day, CIPD officers arrested Brown after they stopped his vehicle near Highway 19 in Cherokee. Over the course of the arrest, CIPD officers recovered from Brown a handgun which was loaded with 12 rounds of ammunition.
On March 1, 2023, Brown pleaded guilty to one count of felon in possession of a firearm and ammunition. He is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons.
In making today’s announcement, U.S. Attorney King thanked the Cherokee Indian Police Department and the ATF for their assistance with the investigation.
Assistant U.S. Attorney John Pritchard of the U.S. Attorney’s Office in Asheville prosecuted the case.
19-Year-Old Woman Charged for Assaulting TSA OfficersRead the Press Release
PHOENIX, Ariz. – Ma’Kiah Cherae Coleman, 19, of Glendale, Arizona, was indicted on May 17, 2023, by a federal grand jury in Phoenix. The six-count indictment included three counts of assault on Transportation Security Administration (TSA) officers and three counts of Interference with Airport Security Screening Personnel.
The indictment alleges that, at approximately 6:00 a.m. on April 25, 2023, at Sky Harbor International Airport in Phoenix, Arizona, Coleman interfered with TSA officers who were conducting security screenings at Security Checkpoint D of Terminal 4. The indictment further alleges that during her interference with TSA officers, Coleman inflicted bodily injury on two TSA officers; specifically, she grabbed one officer by the hair, forcing the officer’s head down against a table, and hitting the officer in the head multiple times, and elbowed the other TSA officer in the head. Coleman also is alleged to have bit the hair of a third TSA officer who had come to the aid of the other two officers who were struggling with Coleman during the altercation.
Each conviction for Assault on a Federal Officer resulting in Bodily Injury carries a maximum penalty of 20 years in prison, a fine of up to $250,000, and up to three years of supervised release. Assault on a Federal Officer with contact and during the commission of another felony carries a maximum penalty of eight years in prison, a fine of up to $250,000, and up to three years of supervised release. Each conviction for Interference with Airport Security Screening Personnel carries a maximum penalty of 10 years in prison, a fine of up to $250,000, and up to three years of supervised release.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt. Coleman has been released from detention on personal recognizance with conditions pending trial.
The Federal Bureau of Investigation investigated this case with assistance from the Phoenix Police Department. Assistant United States Attorney Glenn McCormick, U.S. Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: 23-00780-PHX-DLR
RELEASE NUMBER: 2023-080_M. Coleman# # #
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.
Wednesday 31 May 2023
Woman Facing Federal Charges for Stealing a Nursing License in Order to Fraudulently Work as a Nurse in Indianapolis Nursing HomesRead the Press Release
INDIANAPOLIS- A federal grand jury has returned an indictment charging Rochelle Perry, 49, of Indianapolis, Indiana, with five counts of Social Security number fraud, three counts of aggravated identity theft, and one count of Social Security disability benefits fraud. The indictment was unsealed today, following Perry’s arrest and initial appearance.
As alleged in the indictment, between February 26, 2020, and March 23, 2022, Perry submitted five fraudulent applications for employment to Indianapolis area nursing homes and assisted living facilities. Perry used a stolen Social Security number on all five of the applications. She was receiving Social Security disability insurance benefits under her true Social Security number, and she knew that those benefits would be reduced or eliminated if the Social Security Administration found out she had a job. Additionally, Perry knew that she might not be able to pass an employment background check if she applied to a health care facility using her true Social Security number.
In some of the job applications, Perry also used a stolen Licensed Practical Nurse (“LPN”) license number to trick the employers into believing she was an LPN. Perry has never received any type of nursing license in the state of Indiana.
Of the five job applications, four were for LPN positions. Perry applied for these positions despite not having a nursing license. She worked as an LPN at one facility from January 21, 2021, to April 27, 2021, and at a second facility from May 10, 2021, to November 23, 2021. At a third facility, she worked as a Memory Care Program Coordinator from February 26, 2020, to April 16, 2020.
Between December 3, 2019, and December 2, 2022, Perry received approximately $54,991.30 in Social Security disability benefits under her true Social Security number. On two separate occasions, in August 2021 and October 2022, Perry submitted Work Activity Reports to the Social Security Administration. In those reports, Perry declared, under penalty of perjury, that she had not earned any income since May 2019. Perry did not disclose that she had been earning wages at health care facilities.
The FBI, Social Security Administration, Office of Inspector General, Indiana Attorney General’s Office – Medicaid Fraud Control Unit, and IMPD investigated this case. If convicted on all counts, Rochelle faces up to 5 years in federal prison. A federal district court judge will determine the actual sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Myers thanked Assistant United States Attorney Matthew B. Miller, who is prosecuting this case.
An indictment or criminal complaint are merely allegations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Wolf Point woman admits murder charge in death of childRead the Press Release
GREAT FALLS — A Wolf Point woman suspected in the death of a child on the Fort Peck Indian Reservation admitted to a murder charge today, U.S. Attorney Jesse Laslovich said.
Heather Dawn Smith, aka Heather Dawn Yellow Owl, 32, appeared for arraignment on a superseding information charging her with second degree murder and pleaded guilty to the crime. Smith faces a maximum of life in prison, a $250,000 fine and five years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Nov. 1. Smith was detained pending further proceedings.
The government alleged in court documents that on Nov. 8, 2020 in Wolf Point, Smith beat the victim, a two-year-old child identified as Jane Doe. When Smith checked on the victim on Nov. 12, the child was unresponsive. The child was transported to the hospital in Wolf Point, where she was pronounced dead. The cause of death was multiple blunt force injuries.
Assistant U.S. Attorneys Lori Harper Suek and Ryan G. Weldon are prosecuting the case. The FBI, Fort Peck Tribes Criminal Investigation and Wolf Point Police Department conducted the investigation.
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Washington Parish Man Sentenced for Federal Gun and Drug ChargesRead the Press Release
NEW ORLEANS, LOUISIANA – JONATHAN LEWIS, age 39, a resident of Bogalusa, Louisiana, was sentenced on May 25, 2023, to serve three concurrent sentences of 60 months in federal prison followed by three years of supervised release after pleading guilty to two counts of distribution of cocaine (Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C)) and one count of being a felon in possession of a firearm (Title 18, United States Code, Sections 922(g)(1) and 924(a)(8)), announced U.S. Attorney Duane A. Evans.
LEWIS was also ordered to pay a mandatory special assessment fee of $100.00 per count.
According to court records, law enforcement officials made two controlled and video recorded purchases of drugs from LEWIS. When they arrested LEWIS, he possessed a firearm that was contained in a satchel. A search of social media sites revealed pictures of LEWIS with the same satchel and firearm dancing in the background of a rap video.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Washington Parish Sheriff’s Office, and the Bogalusa Police Department. The prosecution was handled by Assistant United States Attorney Maurice E. Landrieu, Jr. of the Narcotics Unit.
WMATA Senior Program Manager Sentenced for Carrying Out Procurement SchemeRead the Press Release
WASHINGTON – A former senior manager for the Washington Metropolitan Area Transit Authority (WMATA) was sentenced today to 18 months in prison for carrying out a scheme in which he and others manipulated the agency’s procurement process in favor of a company that was paid more than $1.3 million for items and services over a period of more than nine years.
Scottie Borders, 61, of Arlington, Virginia, pleaded guilty in September 2022, in the U.S. District Court for the District of Columbia, to conspiracy to commit wire fraud. In addition to the prison term, U.S. District Court Judge Christopher R. Cooper ordered 24 months of supervised release and restitution of $430,177.
The sentenced was announced by U.S. Attorney Matthew Graves, Washington Metropolitan Area Transit Authority (Metro) Inspector General Rene Febles, and Special Agent in Charge Wayne A. Jacobs, of the FBI’s Washington Field Office Criminal Division.
According to the statement of offense submitted to the Court and admitted by Borders, Borders worked full-time as a Senior Program Manager for WMATA. In this capacity, he was involved in the selection, award, and administration of WMATA contracts with various vendors, contractors, and suppliers.
The charge involves payments to a firm identified in the court documents as “Company 1.” This company, based in Millville, New Jersey, was a producer and supplier of traffic signs and safety products to various individuals, entities, and government agencies, including WMATA. As detailed in court documents, from approximately January 2011 through September 2020, in the District of Columbia, and elsewhere, Borders and others engaged in a scheme to unlawfully enrich themselves by securing the selection, award, and administration of contracts, bids, and purchase agreements between “Company 1” and WMATA for various traffic signs and safety products based on materially false representations made to WMATA, via wire, concerning the nature of the contracts, bids, and purchase agreements involving “Company 1” and others.
Borders was the primary point of contact for all business conducted between WMATA and “Company 1.” He abused his position at WMATA, and his understanding of the contracting and procurement process, to manipulate bids for items and services in favor of the company by using materially false and fraudulent representations made to WMATA via wire by Borders and his co-conspirators.
For example, Borders and his co-conspirators falsified price quotes and bids on behalf of companies that either did not submit bids to do business with WMATA or did not know that their information was being used in connection with specific WMATA bids. Borders also provided individuals at “Company 1” with information about potential competitors’ bids. The purported quotes and fraudulent bid proposals were made up to ensure that the company secured the lucrative WMATA purchase orders and contracts at issue. Additionally, Borders added unnecessary items to purchase orders that he submitted to WMATA on behalf of the company.
Ultimately, WMATA paid “Company 1” for such invoices and orders secured and submitted through Borders. Borders also procured purchase orders on behalf of WMATA, for equipment from the company that Borders knew was unnecessary, substandard, and/or never actually provided to WMATA.
During the relevant period, WMATA paid the company more than $1.3 million for various services and items, including poles, decals, bus stop signs, flags, and tools. In exchange for facilitating these fraudulent bids and orders on behalf of WMATA, Borders was provided with items of value, including NFL tickets, by individuals affiliated with the company.
This investigation was conducted by the FBI’s Washington Field Office and the Washington Metropolitan Area Transit Authority, Office of Inspector General. The prosecution is being handled by Assistant U.S. Attorneys Leslie A. Goemaat and Anne P. McNamara of the U.S. Attorney’s Office for the District of Columbia.
Utah Woman Sentenced to 12 Months Imprisonment for Wire Fraud and Ordered to Pay over $88,000 in RestitutionRead the Press Release
Salt Lake City, Utah – A Utah woman was sentenced today to one year imprisonment for devising a scheme to defraud Kemper Personal Insurance, for personal payment following a massive house fire in 2021.
According to court documents, April Kristina Tinnes, 49, of Tooele, Utah, pleaded guilty to wire fraud for devising a scheme to defraud Kemper Personal Insurance between January 2021 and May 2021. Tinnes made false and fraudulent representations regarding a fire she deliberately set on January 16, 2021, to her residence in Tooele. Tinnes was not living at the residence but renting a home nearby. The purpose of the scheme was to obtain payment of insurance proceeds on a policy written by Kemper Personal Insurance for the residence, which had been renewed in late 2020. In furtherance of the scheme, Tinnes caused a sworn video-recorded deposition examination taken by Kemper counsel documenting Tinnes’ false statements in support of her claim, to be transmitted via wire communications in interstate commerce to Kemper investigators. In addition to her 12 months’ imprisonment, Tinnes was ordered to serve three years of supervised release after her prison sentence and ordered to pay over $88,000 in restitution, which she paid in full.
“This case sends a firm and important message that those who commit arson for financial gain will be prosecuted and brought to justice,” said Assistant U.S. Attorney, Mark Hirata, for the District of Utah.
“ATF Forensic Auditors and Certified Fire Investigators work in tandem to provide a financial analysis as well as an origin and cause determination in arson-for-profit investigations, said ATF Special Agent in Charge Brent Beavers. “Arson-for-profit schemes, such as this, not only have financial and economic repercussions but also present a serious threat to public safety.”
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case was investigated jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Tooele City Police Department and Tooele City Fire Department.
Assistant U.S. Attorney, Mark Y. Hirata of the District of Utah prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
United States Files Civil Action to Collect Unpaid Civil Penalties and Reclamation Fee DebtsRead the Press Release
WASHINGTON – The Justice Department today announced the filing of a civil action against James C. Justice III and 13 coal companies he owns or operates seeking to collect unpaid civil penalties previously assessed by the Department of the Interior (DOI) Office of Surface Mining Reclamation and Enforcement (OSMRE), as well as Abandoned Mine Land (AML) reclamation fee and audit debts.
“Our environmental laws serve to protect communities against adverse effects of industrial activities including surface coal mining operations,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Through this suit, the Justice Department seeks to deliver accountability for defendants’ repeated violations of the law and to recover the penalties they owe as a result of those violations.”
“Over a five-year period, defendants engaged in over 130 violations of federal law, thereby posing health and safety risks to the public and the environment,” said U.S. Attorney Christopher R. Kavanaugh for the Western District of Virginia. “After given notice, they then failed to remedy those violations and were ordered over 50 times to cease mining activities until their violations were abated. Today, the filing of this complaint continues the process of holding defendants accountable for jeopardizing the health and safety of the public and our environment.”
Pursuant to the Surface Mining Control and Reclamation Act (SMCRA), when a permittee violates SMCRA or their applicable permit, OSMRE issues a notice of violation (NOV) for non-imminently dangerous violations. The NOV sets a deadline for abating the violation. If the permittee fails to abate the violation by the NOV’s deadline, OSMRE issues a cessation order to halt mining until the violation is abated. If the permittee still fails to abate the violation within 30 days of the cessation order, OSMRE can take certain actions, including assessing civil penalties. If the violation creates an imminent danger to the health or safety of the public, OSMRE issues a second type of cessation order, called an Imminent Harm Cessation Order (IHCO), in lieu of an NOV, which requires cessation of active mining until the violation is abated. Separately, a director, officer or agent of a corporate permittee can be subject to individual civil penalties for willfully and knowingly authorizing, ordering or carrying out a permit violation or failure to comply with certain OSMRE orders.
From 2018 to 2022, OSMRE cited the defendants for over 130 violations and issued the companies over 50 cessation orders. The underlying violations pose health and safety risks or threaten environmental harm. In addition, defendants failed to pay required AML fees, which fund the reclamation of coal mining sites abandoned or left in an inadequate reclamation status. According to today’s filing, the total amount of the penalties and AML fees, plus interest, penalties and administrative expenses, owed by the defendants is approximately $7.6 million.
Assistant U.S. Attorney Krista Consiglio Frith for the Western District of Virginia and Trial Attorneys Sally J. Sullivan and Clare Boronow of the Environment and Natural Resources Division are handling this matter.
United States Files Civil Action to Collect Unpaid Civil Penalties and Reclamation Fee DebtsRead the Press Release
The Justice Department today announced the filing of a civil action against James C. Justice III and 13 coal companies he owns or operates seeking to collect unpaid civil penalties previously assessed by the Department of the Interior (DOI) Office of Surface Mining Reclamation and Enforcement (OSMRE), as well as Abandoned Mine Land (AML) reclamation fee and audit debts.
“Our environmental laws serve to protect communities against adverse effects of industrial activities including surface coal mining operations,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Through this suit, the Justice Department seeks to deliver accountability for defendants’ repeated violations of the law and to recover the penalties they owe as a result of those violations.”
“Over a five-year period, defendants engaged in over 130 violations of federal law, thereby posing health and safety risks to the public and the environment,” said U.S. Attorney Christopher R. Kavanaugh for the Western District of Virginia. “After given notice, they then failed to remedy those violations and were ordered over 50 times to cease mining activities until their violations were abated. Today, the filing of this complaint continues the process of holding defendants accountable for jeopardizing the health and safety of the public and our environment.”
Pursuant to the Surface Mining Control and Reclamation Act (SMCRA), when a permittee violates SMCRA or their applicable permit, OSMRE issues a notice of violation (NOV) for non-imminently dangerous violations. The NOV sets a deadline for abating the violation. If the permittee fails to abate the violation by the NOV’s deadline, OSMRE issues a cessation order to halt mining until the violation is abated. If the permittee still fails to abate the violation within 30 days of the cessation order, OSMRE can take certain actions, including assessing civil penalties. If the violation creates an imminent danger to the health or safety of the public, OSMRE issues a second type of cessation order, called an Imminent Harm Cessation Order (IHCO), in lieu of an NOV, which requires cessation of active mining until the violation is abated. Separately, a director, officer or agent of a corporate permittee can be subject to individual civil penalties for willfully and knowingly authorizing, ordering or carrying out a permit violation or failure to comply with certain OSMRE orders.
From 2018 to 2022, OSMRE cited the defendants for over 130 violations and issued the companies over 50 cessation orders. The underlying violations pose health and safety risks or threaten environmental harm. In addition, defendants failed to pay required AML fees, which fund the reclamation of coal mining sites abandoned or left in an inadequate reclamation status. According to today’s filing, the total amount of the penalties and AML fees, plus interest, penalties and administrative expenses, owed by the defendants is approximately $7.6 million.
Assistant U.S. Attorney Krista Consiglio Frith for the Western District of Virginia and Trial Attorneys Sally J. Sullivan and Clare Boronow of the Environment and Natural Resources Division are handling this matter.
Two Nigerian Nationals Previously Extradited from the United Kingdom Plead Guilty to International Fraud Scheme that Defrauded Elderly U.S. VictimsRead the Press Release
Two Nigerian nationals who were extradited to the United States from the United Kingdom pleaded guilty to operating a transnational inheritance fraud scheme.
According to court documents, Jerry Chucks Ozor, 43, and Iheanyichukwu Jonathan Abraham, 44, were part of a group of fraudsters that sent personalized letters to elderly victims in the United States, falsely claiming that the sender was a representative of a bank in Spain and that the recipient was entitled to receive a multimillion-dollar inheritance left for the recipient by a family member who had died years before in Spain. Victims were told that before they could receive their purported inheritance, they were required to send money for delivery fees, taxes, and payments to avoid questioning from government authorities. Victims sent money to the defendants through a complex web of U.S.-based former victims. The defendants convinced these former victims to receive money from new victims and then forward the fraud proceeds to others (thereby serving as so-called “money mules”). In pleading guilty, the defendants admitted to defrauding over $6 million from more than 400 victims, many of whom were elderly or otherwise vulnerable.
“The Justice Department’s Consumer Protection Branch will pursue, prosecute, and secure the convictions of transnational criminals responsible for defrauding U.S. consumers, wherever they are located. I thank the United Kingdom’s National Crime Agency for its extensive efforts in helping to ensure that these defendants are held accountable here in the United States,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department and U.S. law enforcement will continue to work closely with law enforcement partners across the globe to bring to justice criminals who attempt to defraud U.S. victims from outside the United States.”
“The U.S. Postal Inspection Service (USPIS) has a long tradition of protecting American citizens from these types of schemes and bringing those responsible to justice,” said Postal Inspector in Charge Juan A. Vargas of the USPIS Miami Division. “These guilty pleas are a testament to the dedicated partnership between the Department of Justice’s Consumer Protection Branch, Homeland Security Investigations (HSI), and the U.S. Postal Inspection Service to protect our citizens from these scams.”
“These guilty pleas are a result of the unwavering commitment and countless hours spent by HSI and our law enforcement partners to ensure that this investigation led the extradition of the two Nigerian nationals,” said Special Agent in Charge Scott Brown of HSI Arizona. “Operating a transnational inheritance fraud scheme that targets the elderly is not only morally reprehensible, it also undermines the financial systems we use and depend upon. I thank everyone who worked on this case. These two defendants are one step closer to facing much-deserved prison time.”
On May 18, Ozor pleaded guilty to conspiracy to commit mail and wire fraud. Abraham pleaded guilty to conspiracy to commit mail and wire fraud earlier today. Ozor is scheduled to be sentenced by U.S. District Judge Kathleen M. Williams on July 27. Judge Williams will sentence Abraham on Aug. 9. Both defendants face a maximum penalty of 20 years in prison.
The Consumer Protection Branch, USPIS, and HSI are investigating the case.
Senior Trial Attorney Phil Toomajian and Trial Attorneys Josh Rothman and Brianna Gardner of the Civil Division’s Consumer Protection Branch are prosecuting the case. The Justice Department’s Office of International Affairs, the U.S. Attorney’s Office for the Southern District of Florida, Europol, and authorities from the U.K., Spain, and Portugal all provided critical assistance.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at www.ovc.gov.
Three-Month Campaign to Reduce Violent Crime Results in Seizure of 165 Firearms and 29 Prosecutions for Gun, Drug and Violent CrimesRead the Press Release
NEWS RELEASE SUMMARY – May 31, 2023
SAN DIEGO – Law enforcement officials today announced that a three-month campaign to reduce violent crime in San Diego County has resulted in the seizure of 165 firearms - including 82 privately-made weapons known as “ghost guns” - and the prosecution of 29 people.
The Privately Made Firearm Crime Reduction Project, which ran from February to May, was initiated to address gun violence and the proliferation of ghost guns in San Diego. The Bureau of Alcohol, Tobacco, Firearms and explosives (ATF) and the San Diego Police Department used data analytics to determine areas where there was an increase in gun violence and where crime guns were being recovered. ATF and SDPD employed an intelligence-led policing effort throughout the 90-day initiative to determine where to place resources to have the greatest impact.
This partnership used a multitude of investigative techniques including undercover operations, surveillance, scouring social media accounts, and using confidential informants and undercover federal agents. Law enforcement personnel risked their lives during nearly 88 operations to get these guns out of the hands of criminals and make communities safer. These operations included undercover operations, search warrants, and arrests warrants. Those primarily targeted were individuals involved in the illegal possession, manufacture and sale of firearms, particularly ghost guns bearing no serial numbers or identifying marks who were selling them to people prohibited from owning guns.
Authorities reported results of the operation at a news conference today, where ATF agents displayed 81 firearms items seized during the operation. Those weapons included machine guns; Glock Switches – which are machinegun conversion devices; short-barrel rifles; pistols and silencers. A substantial number of seized weapons were fully automatic. In addition to the firearms, investigators also recovered approximately 66 pounds of methamphetamine, 1.4 kilograms of powder fentanyl, 4,300 fentanyl pills, and 2.25 kilograms of cocaine.
To date, 22 defendants are charged in federal court and an additional seven in state court with various gun and drug crimes; four other state cases are pending. Federal gun charges include Dealing in Firearms without a License; Possession of a Machine Gun; Felon in Possession of a Firearm; Assault of a Federal Agent; Possession of a Firearm in Furtherance of a Violent Crime and Possession of a Firearm in Furtherance of Drug Trafficking. Drug charges include distribution of fentanyl, methamphetamine, and cocaine.
Last year alone, there were approximately 20,000 suspected ghost guns reported to ATF as having been recovered by law enforcement in criminal investigations – a ten-fold increase from 2016. Because ghost guns lack the serial numbers marked on other firearms, law enforcement has an exceedingly difficult time tracing a ghost gun found at a crime scene back to an individual purchaser.
On a local level, the San Diego Association of Governments, the regional clearinghouse for crime data, received a federal grant through the Department of Justice to enhance its tracking of crimes that involve firearms around the region. This would include the use of a firearm in violent crime and providing information regarding where these crimes are occurring, tracking calls for service related to the use of firearms, and interviewing arrestees regarding their use of firearms and ghost guns.
SANDAG has reported that ghost guns have been a significant and growing challenge around San Diego County in recent years. According to SANDAG, there was a 401 percent increase in ghost guns recovered by local law enforcement agencies in San Diego County from 2019 to 2021.
In the City of San Diego, the police department reports that about one-quarter of the guns recovered at crime scenes and during investigations during 2021 were privately manufactured and lacked serial numbers.
Preliminary numbers indicate that San Diego County law enforcement seized fewer ghost guns in 2022, but the overall rate of ghost gun seizures is still significantly higher than a few years ago.
“Our number one priority is keeping our residents safe, and gun crimes are a direct threat to that safety,” said U.S. Attorney Randy Grossman. “Every illegal gun that is removed from criminal hands makes us safer, and for that reason, this operation was a tremendous success.” Grossman thanked the prosecution team for their dedication to these cases; and especially agents and officers from ATF and San Diego Police Department who put their lives on the line during this very successful operation.
“The Privately Made Firearms Crime Reduction Project was conducted so ATF could leverage its federal resources to attack gun crime in San Diego,” said ATF Los Angeles Field Division Special Agent in Charge Christopher Bombardiere. “ATF collaborated with its our partners and successfully focused their efforts on violent individuals who were making and selling extremely powerful firearms without a license. In 90 days, ATF seized 165 firearms with almost half being privately made firearms and about a third being unregistered National Firearms Act (NFA) weapons. Those consisted of machine guns, machine gun conversion devices, short-barreled rifles, and silencers. This initiative and other ongoing investigations will continue to make our community safer.”
“The proliferation of drugs and firearms in our communities is an issue the San Diego Police Department is laser-focused on,” said San Diego Police Department Chief David Nisleit. “As one of the first in the nation to have a dedicated team for ghost gun investigations in the City of San Diego, SDPD is proud to have been a part of such a successful operation that gets drugs, firearms and the criminals that sell and manufacture them off our streets. The efforts by all involved demonstrate the seriousness and effectiveness of our collaborative work to combat this issue.”
In 2021, the San Diego Police Department established a dedicated team to address the proliferation of personally manufactured firearms, or “ghost guns,” in San Diego. One of the first of its kind in the nation, the Ghost Gun Apprehension Team has been tasked with investigating unlawful ghost gun manufacturing and sales cases. The team serves as a resource to patrol, area station detectives and specialized units when ghost guns are discovered during an arrest or investigation.
“The District Attorney’s Office is committed to continuing to work with our state and federal partners on targeted operations like this one that make our neighborhoods safer,” said San Diego County District Attorney Summer Stephan. “In addition to the illegal guns seized, thousands of fentanyl-laced pills and dozens of pounds of meth were recovered, keeping these illegal and dangerous drugs off the streets and preventing potentially fatal overdoses.”
In this operation, examples of federal cases include these allegations which are contained in charging documents:
- Christian Ferrari, a 22-year-old active-duty U.S. Marine stationed at Camp Pendleton, was charged with illegally selling ghost guns to undercover ATF agents in several transactions. These guns included 12 AR-type rifles. The agents also placed an order for an additional 10 rifles and explained they were for an associate who would be taking the firearms into Mexico. Ferrari responded, “alright, perfect,” and quoted the agents $10,000 for those 10 rifles. (23-mj-01618)
- Giovanni Diaz was convicted of robbery in 2022. In March 2023, Diaz began selling fentanyl pills and guns to an ATF undercover agent. Over the course of two weeks, Diaz sold 1,400 fentanyl pills and three ghost guns to the agent. (23-cr-000872)
- Jonathan Manuel Flores was charged with assaulting a federal officer with a Glock 9 mm pistol and brandishing a firearm in furtherance of a crime of violence. According to a federal complaint, on February 17, 2023, ATF agents conducted an undercover operation in San Diego to purchase a machine gun, specifically a Glock pistol with a full auto conversion device, commonly known as a “Glock Switch,” for $2,400. During the undercover operation the defendant insisted that the gun deal take place in their car. The undercover agent got into the back seat of the parked car as requested. As the undercover agent finished counting the cash, the defendant allegedly pulled back the slide on his pistol to make it ready to shoot and pushed the muzzle into the undercover agent’s ribcage. He then said, “Get the f---- out of the car dog before I smoke you” while grabbing the cash from the agent’s hand. The agent quickly exited the vehicle and the sedan took off. (23-cr-0512)
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Three Albuquerque Men Charged for Shootings Targeting the Residences of Elected OfficialsRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Kenneth A. Polite, Jr., Assistant Attorney General of the Justice Department’s Criminal Division, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that an indictment was unsealed today charging Solomon Peña and his accomplices, Demetrio Trujillo and Jose Trujillo, for a shooting spree targeting the homes of four elected officials. A federal grand jury indicted all three defendants on May 24, 2023.
Solomon Peña, 40, is charged with conspiracy, four counts of interference with federally protected activities, and four counts of using and carrying a firearm during and in relation to a crime of violence. If convicted, Peña faces up to life in prison. Peña is currently in state custody on related charges.
Jose Trujillo, 22, is charged with conspiracy, four counts of interference with federally protected activities, and four counts of using and carrying a firearm during and in relation to a crime of violence, possession with intent to distribute 40 grams and more of fentanyl and using and carrying a firearm during and in relation to a drug trafficking crime. An arraignment hearing is scheduled for June 8. If convicted, Jose faces up to life in prison.
Demetrio Trujillo, 41, is charged with conspiracy, four counts of interference with federally protected activities, and four counts of using and carrying a firearm during and in relation to a crime of violence. An initial appearance has been scheduled for June 1. If convicted, Demetrio faces up to life in prison.
According to the indictment, Peña ran for District 14 of the New Mexico House of Representatives during the November 2022 mid-term elections. Following his electoral defeat in November 2022, Peña allegedly organized the shootings on the homes of two Bernalillo County commissioners and two New Mexico state legislators. The shootings were carried out between Dec. 4, 2022, and Jan. 3, with assistance from his co-defendants.
“In America, the integrity of our voting system is sacrosanct,” said U.S. Attorney Alexander M.M. Uballez. “These charges strike at the heart of our democracy. Voters, candidates and election officials must be free to exercise their rights and do their jobs safely and free from fear, intimidation or influence, and with confidence that law enforcement and prosecuting offices will lead the charge when someone tries to silence the will of the people. To those who try to sow division, chaos, and fear into our democratic process, these charges should send a message that we are unified, organized, and undaunted.”
“There is no room in our democracy for politically motivated violence, especially when it is used to undermine election results,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “As alleged, Solomon Peña orchestrated four shootings at the homes of elected officials, in part because of their refusal to overturn his election defeat. Such violent actions target not only the homes and families of elected officials, but also our election system as a whole. The department will not hesitate to hold individuals accountable for acts of politically motivated violence.”
"Solomon Pena and the other defendants carried out the hatred in their hearts by targeting a group of the community’s public officials.” said Raul Bujanda, FBI Special Agent in Charge. “These charges illustrate that the FBI will relentlessly work with our law enforcement partners to actively investigate and pursue prosecution of those individuals who threaten and harm our elected officials.”
“APD worked tirelessly with our federal partners to bring those responsible for these heinous crimes to justice,” said Chief Harold Medina. “Thankfully no one was physically harmed by these politically motivated shootings, but I hope these indictments bring some sense of relief to all those impacted, through the emotional toll they’ve had to endure.”
“ATF is dedicated to combatting the senseless firearm violence that plagues our nation,” said Brendan Iber, Special Agent in Charge of ATF’s Phoenix Field Division. “We will always work with our law enforcement partners to identify and remove those violent offenders from our communities.”
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The FBI Albuquerque Field Office investigated this case with the Albuquerque Police Department and the assistant of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Senior Litigation Counsel Victor R. Salgado of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Jeremy Peña and Patrick E. Cordova for the District of New Mexico are prosecuting the case.
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Thompson Man Sentenced to 8 Years in Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced May 30, 2023, in federal court in Sioux City.
Joey Post, 35, from Thompson, Iowa, pled guilty on February 1, 2023, to conspiracy to distribute methamphetamine. Evidence at the plea and sentencing hearings showed that from July 2020 through May 2022, Post and others distributed over 10 pounds of methamphetamine. This included distribution to an individual working with law enforcement on several occasions in Swea City, Iowa. While on pretrial release for the instant federal charges, Post fled the area without notifying the United States Probation Office and was later arrested in Minnesota.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Post was sentenced to eight years’ imprisonment and must serve a three-year term of supervised release following imprisonment. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by the Iowa Department of Narcotics Enforcement, Kossuth County Sheriff’s Office, and Iowa DCI Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-3029. Follow us on Twitter @USAO_NDIA.
The United States and Montgomery County Based Pharmacy and Pharmacist Reach a Consent Decree over Allegations of Illegally Dispensed Controlled SubstancesRead the Press Release
Greenbelt, Maryland - U.S. District Judge Peter J. Messitte approved the United States’ consent decree with Abtin Youssefi-Rashti, a Montgomery County based pharmacist, and Upton Care Pharmacy, Inc. (“Upton Care”), resolving the United States’ civil allegations that Youssefi-Rashti and Upton Care violated the Controlled Substances Act (“CSA”) in illegally dispensing controlled substances. Under the consent decree, in addition to paying a $100,000 civil monetary penalty, Youssefi-Rashti agrees to surrender his pharmacist’s license to the Maryland Board of Pharmacy and not to reapply for three years. Additionally, Upton Care agreed to voluntarily surrender its DEA registration to dispense controlled substances for cause.
The consent decree was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Jarod A. Forget of the Drug Enforcement Administration – Washington Field Division.
“Under the Controlled Substances Act, pharmacists have a responsibility to ensure the legitimacy of the prescriptions they fill,” said U.S. Attorney Erek L. Barron. “The U.S. Attorney’s Office intends to use all tools at its disposal—criminal and civil—to hold responsible those at every step in the supply chain who violate the CSA and fan the flames of the present opioid epidemic.”
Special Agent in Charge Jarod A. Forget stated, “Pharmacists have a crucial role in correctly dispensing controlled substances, safeguarding patients and preventing drug diversion. It’s essential to pay attention to warning signs to prevent the opioid epidemic from getting worse. DEA is dedicated to investigating those who ignore the signs and to ensuring the community is safe.”
The government alleges that between 2018 and when Upton Care closed its doors in 2022, Youssefi-Rashti and Upton Care knowingly filled fraudulent prescriptions for controlled substances, ignoring red flags indicating that the prescriptions were not legitimate. For example, the government alleges that Youssefi-Rashti dispensed controlled substances to more than 300 people that traveled more than 180 miles from their homes to Upton Care. Additionally, Youssefi-Rashti dispensed prescriptions for both opioids and stimulants—a dangerous and potentially lethal combination—to the same patient concurrently. Youssefi-Rashti also regularly filled prescriptions for controlled substances that were paid for with cash even though the patient had insurance available to pay for the patient’s prescriptions. Although the Centers for Disease Control and Prevention generally recommends that primary care clinicians should avoid daily dosages of opioids over 90 morphine milligram equivalents (“MME”), Youssefi-Rashti routinely dispensed prescriptions to patients causing their MME levels to be many times that amount—and upwards of 1800 daily MME. The government alleges that Upton Care is liable for these deficiencies.
As part of the Consent Decree, Youssefi-Rashti and Upton Care are required to identify certain red flags—including when filling a prescription would cause the patient to take more than 90 daily MME; and when the patient pays in cash despite having insurance available to pay for the prescription. Before filling prescriptions bearing those red flags, the consent decree requires Youssefi-Rashti and Upton Care to document in detail any indications of abuse or diversion and the steps they took to ensure that the prescription was valid and was issued for a legitimate medical purpose, and that the prescription would not be abused or diverted for illegitimate purposes. Additionally, under the consent decree, Youssefi-Rashti and Upton Care are prohibited from filling certain prescriptions, including a combination of an opioid and a stimulant, and prescriptions for buprenorphine without naloxone without reliable documentation from the prescriber that the patient is pregnant, a nursing mother, or has had an actual adverse reaction to naloxone.
Under the consent decree, if the DEA determines that Youssefi-Rashti or Upton Care have violated any provision of the consent decree or if Youssefi-Rashti or Upton Care do not implement the corrective action the DEA orders, the DEA can order Youssefi-Rashti and Upton Care to cease ordering, distributing, or dispensing controlled substances immediately.
The consent decree is not an admission of liability by Youssefi-Rashti or Upton Care, nor a concession by the United States that its claims are not well founded.
The Court’s approval of this consent decree should remind pharmacists and pharmacies of their corresponding responsibility to confirm the legitimacy of the prescriptions that they fill and that that the Department of Justice intends to use all tools at its disposal—both criminal and civil—to combat the controlled substances epidemic which continues to plague our country, including here in Maryland.
U.S. Attorney Erek L. Barron commended the DEA Washington Division’s Office of Diversion Control and Diversion Investigator Samantha A. Merriss for their work in the investigation, along with the Montgomery County Police Department and the FBI’s Baltimore Field Office. Mr. Barron thanked Assistant United States Attorney Alan C. Lazerow, who handled the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to report fraud, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/report-fraud.
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Suburban Houstonian sentenced for having over 35,000 child pornography filesRead the Press Release
GALVESTON, Texas – A 33-year-old Alvin resident has been ordered to federal prison following his conviction of distribution, receipt and possession of child pornography, announced U.S. Attorney Alamdar S. Hamdani.
Michael Crisp Jr. pleaded guilty March 31, 2022.
Today, Judge Jeffrey V. Brown ordered Crisp to serve 210 months for distributing and receiving child pornography and 120 months for possessing it. They will run concurrently for a total 210-month-term of imprisonment. Before imposing the sentence, Judge Brown emphasized that child pornography is not a victimless crime and that he received more victim impact statements in this case than in any previous case before him.
Crips was further ordered to pay a total of $136,500 in restitution to 42 identified victims and must serve 10 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. Crisp will also be ordered to register as a sex offender.
“Crisp hoarded and traded files of child rape, suffering and trauma as if they were some kind of collectors’ item - to the order of tens of thousands,” said Hamdani. “Today’s sentence underscores that consumers of child pornography can and will be held to account for how they fuel demand for more and more images of children suffering unspeakable sexual abuse.”
“Cases that involve the sexual exploitation of children are some of the toughest cases our agents work,” said Special Agent in Charge James Smith of the FBI Houston Field Office. “Crisp took pleasure from thousands of images and videos depicting the sadistic sexual exploitation, torture and abuse of children, including infants and toddlers. By choosing to receive and disseminate such graphic imagery, Crisp repeatedly re-victimized the victims. While today’s sentence removes one sexual predator from children’s lives, the FBI’s work continues as there are many more like Crisp still out there.”
Crisp first came to the attention of law enforcement after he imported a nine-minute video into his cloud storage account of an adult woman sexually abusing a toddler. During the investigation, authorities found over 29,000 images and 6,500 videos of child pornography on multiple devices. The images depicted young children in bondage and included children under the age of five. In addition to possessing child pornography, Crisp utilized messaging applications to trade child sexual abuse material with others.
Previously released on bond, Crisp was taken into custody following the sentencing today where he will remain 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 the Pearland Police Department. Assistant U.S. Attorney Stephanie Bauman is prosecuting 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 PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
Stilwell Resident Sentenced for Second Degree Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announces that Darrell James Hummingbird, age 39, of Stilwell, Oklahoma, was sentenced today to 262 months in prison for Second Degree Murder in Indian Country.
The charges arose from investigations by the Stilwell Police Department, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
On July 18, 2022, Hummingbird pleaded guilty to Second Degree Murder in Indian Country. According to court documents, on April 26, 2021, the victim was beaten to death in his Stilwell apartment with a metal baseball bat. Hummingbird attempted to cover up the crime, but investigators recovered incriminating DNA evidence from the murder weapon and Hummingbird’s shoes.
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 Indian County, within the boundaries of the Cherokee Nation Reservation and within 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 hearing in Muskogee. Hummingbird 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 represented the United States.
Spokane Resident Pleads Guilty to Fraudulently Obtaining More than $360,000 in COVID- 19 Relief FundingRead the Press Release
Spokane, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that Marisa Beck, age 40, of Spokane, pled guilty to fraudulently obtaining more than $360,000 in COVID-19 relief funding intended for endangered small businesses. United States District Judge Mary K. Dimke accepted Ms. Beck’s guilty plea and set sentencing for September 27, 2023, at 11 a.m., in Spokane. This conviction is the eighth felony conviction announced by the Eastern Washington COVID-19 Fraud Strike Force, which launched in 2022.
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act provided a number of programs through which eligible small businesses could request and obtain relief funding intended to mitigate the economic impacts of the pandemic for small and local businesses. One such program, the Paycheck Protection Program (PPP), provided forgivable loans to eligible small businesses to retain jobs and maintain payroll during the pandemic. Another program, the Economic Injury Disaster Loan (EIDL) program, provided low-interest bridge funding for small businesses placed at risk during the pandemic.
“COVID-19 relief programs quickly ran out of money due to the number of businesses that requested funding, meaning that struggling, deserving small businesses were not able to obtain critically needed funding to keep their businesses afloat during the shutdowns and disruptions caused by the COVID pandemic,” said U.S. Attorney Waldref. “We created the Eastern Washington COVID-19 Fraud Strike Force because it is critical to the strength and safety of our communities that we all work together to combat pandemic-related fraud and bring much-needed accountability to these programs. The Strike Force works to ensure that limited resources are used to protect our local small businesses and the critical jobs and services that they provide for the community.”
In February 2022, U.S. Attorney Waldref and the U.S. Attorney’s Office began working with federal law enforcement agencies to create and launch a COVID-19 Fraud Strike Force that would leverage partnerships between different agencies to aggressively investigate and prosecute fraud against COVID-19 relief programs in Eastern Washington. The Strike Force consists of agency representatives from the U.S. Attorney’s Office, Small Business Administration (SBA) Office of Inspector General (OIG), Federal Bureau of Investigation (FBI), U.S. Department of the Treasury Inspector General for Tax Administration (TIGTA), U.S. Secret Service, U.S. Homeland Security Investigations (HSI), U.S. Department of Veterans Affairs OIG, General Services Administration OIG, Internal Revenue Service, Department of Energy OIG, Department of Homeland Security (DHS) OIG, Department of Labor OIG, Air Force Office of Special Investigations, and others. Cases investigated and prosecuted by the Strike Force have resulted in numerous indictments and convictions, and have recovered millions of dollars in penalties and restitution for the public.
In the plea agreement accepted by the court, and in information disclosed during court proceedings, Ms. Beck admitted to fraudulently obtaining $368,829 in PPP and EIDL funding for three purported businesses: Cyra Solar LLC, Beck N’ Call Landscape, LLC, and Value in People Consulting, LLC. Ms. Beck admitted that these entities were not eligible for CARES Act funding because Beck N’ Call Landscape and Cyra Solar were not active businesses as of February 2020, and because she submitted false and fraudulent payroll, revenue, and other information associated with the three purported businesses in order to fraudulently obtain CARES Act funding.
“I commend the stellar investigative work on these cases performed by the Strike Force and especially in this case by VA OIG,” said U.S. Attorney Waldref. “We will continue to work with our law enforcement partners to strengthen our communities by protecting our small and local businesses.”
The charges to which Beck pled carries a maximum sentence of up to 5 years in federal prison. The cases were investigated by the Eastern Washington COVID Fraud Strike Force, and in particular by the U.S. Department of Veterans Affairs Office of Inspector General, Spokane Resident Office, with investigative assistance and support from the Federal Bureau of Investigation, Spokane Resident Agency, the Small Business Administration Office of Inspector General, Western Regional Office, and the Internal Revenue Service, Criminal Investigative Division, Seattle Field Office. Assistant United States Attorneys Dan Fruchter and Tyler H.L. Tornabene are prosecuting this case on behalf of the United States.
Case No. 2:23-cr-00055-MKD
Spokane Man Sentenced to 17 Years for Receipt of Child Pornography While on Federal SupervisionRead the Press Release
Spokane, WA – On May 30, 2023, U.S. Senior District Court Judge Rossana Malouf Peterson sentenced Christopher Gary Carlson, 50, of Spokane, Washington, to 180 months in federal prison for Receipt of Child Pornography, followed by an additional 24 months in prison for violating a previously imposed term of supervised release. Judge Peterson also ordered Carlson to pay $24,000 in restitution to his victims and to a lifetime of federal supervision upon release from prison.
According to information disclosed in court proceedings, this was Carlson’s third time being sentenced for child pornography crimes. His first conviction was in 2007, for which he was ordered to serve 12 months and a day in a state prison. His second child pornography conviction was in 2014, for which Judge Peterson sentenced Carlson to 10 years in prison and a lifetime of supervised release. Undeterred by these prior terms of incarceration, Carlson used a smartphone to download and view child pornography just a month after his recent release from federal prison. The smartphone was discovered in July 2022, when a U.S. Probation Officer conducted a home visit at Carlson’s residence. When the FBI obtained a federal warrant to search the phone, FBI agents located 198 images and 63 videos of child pornography on Carlson’s device.
“Today’s 17-year sentence sends a powerful reminder to Mr. Carlson and others like him: Crimes that exploit the most vulnerable among us cannot, and will not, be tolerated,” stated United States Attorney Vanessa R. Waldref. “Time and again, Mr. Carlson returned to the internet to view and collect depictions of a child’s most horrific experiences. Yet, just as swiftly as Mr. Carlson collected these images and videos depicting this incredible harm, U.S. Probation and the FBI responded, preventing Mr. Carlson from victimizing hundreds if not thousands more minor children.”
United States Attorney Waldref continued, “As a result of the seamless partnership between the FBI and the United States Attorney’s Office, Mr. Carlson was again brought to justice, and our communities are safer and stronger, especially for young children. I’m especially grateful for the incredible work by Assistant United States Attorney Ann Wick. Cases such as this demonstrate AUSA Wick’s relentless dedication to pursuing justice.”
This case was investigated by the Spokane Resident Office of the Federal Bureau of Investigation and prosecuted by Ann T. Wick, Assistant United States Attorney for the Eastern District of Washington.
2:22-CR-096-RMP
2:13-CR-135-RMP
Southern California Man Pleads Guilty to Kickback Scheme to Defraud Williams SonomaRead the Press Release
SAN FRANCISCO – Kourosh Mirmehdi pleaded guilty in federal court today to charges related to his role in a multi-million-dollar fraudulent kickback scheme, announced United States Attorney Ismail J. Ramsey and Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge Darren Lian. The plea was accepted by the Hon. Richard Seeborg, U.S. District Judge.
In his plea agreement, Mirmehdi, 63, of Irvine, Calif., admitted he conspired with two co-defendants to divert and steal millions of dollars in commercial real estate broker commission rebates. Mirmehdi worked for a global logistics company that assisted Williams Sonoma, Inc. (WSI) in securing commercial warehouse space. WSI is a home-goods retailer headquartered in San Francisco that operates brands such as Williams Sonoma, Pottery Barn, and West Elm. As an employee of the global logistics company, Mirmehdi assisted commercial real estate brokers in locating warehouses for WSI to lease. Mirmehdi also assisted in negotiating the lease terms for WSI. As part of the negotiations, WSI often was entitled to receive millions of dollars in broker rebates after entering into commercial leasing agreements. Mirmehdi admitted that, beginning around 2020, he was involved in a conspiracy to divert and steal those rebates.
Mirmehdi acknowledged that the scheme involved duping commercial real estate brokers into sending rebates to a co-conspirator’s shell company, rather than to WSI. Mirmehdi and his co-conspirators—one of whom was employed by WSI—falsely represented to commercial real estate brokers that the co-conspirator’s company was connected to WSI. In fact, the company had nothing to do with WSI and was merely a shell company owned by a co-conspirator. Mirmehdi split the diverted payments with his co-conspirators. In total, the scheme to defraud garnered approximately $4.1 million, with more than $1.35 million going to Mirmehdi.
Mirmehdi was indicted by a federal grand jury on April 11, 2023. He was charged with one count of wire fraud conspiracy, in violation of 18 U.S.C. § 1349; four counts of wire fraud, in violation of 18 U.S.C. § 1343; and one count of money laundering conspiracy, in violation of 18 U.S.C § 1956(h). Under the plea agreement, Mirmehdi pleaded guilty to the wire fraud conspiracy and the money laundering conspiracy counts. If Mirmehdi complies with his plea agreement, the remaining counts will be dismissed at sentencing.
Mirmehdi is currently released on bond. His next appearance is November 14, 2023. Mirmehdi now faces a statutory maximum of 20 years in prison for each of the wire fraud and money laundering conspiracy counts, as well as a $250,000 fine for the wire fraud conspiracy count and a $500,000 fine for the money laundering conspiracy count. As part of any sentence the court also may order Mirmehdi to serve an additional term of supervised release and to pay restitution, if appropriate. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Charges against Mirmehdi’s three co-defendants remain pending.
Assistant U.S. Attorneys Ross Weingarten and Christiaan Highsmith are prosecuting the case with the assistance of Elizabeth Kim. The prosecution is the result of an investigation by the IRS-CI.South Carolina Man Sentenced on Federal Carjacking ChargeRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that defendant WILLIAM NELSON, age 21, a resident of South Carolina, was sentenced t by U.S. District Court Judge Jay C. Zainey to 180 months of imprisonment, 3 years of supervised release, and a $100 mandatory special assessment fee after previously pleading guilty to a one-count indictment for carjacking, a violation of Title 18, United States Code, Section 2119.
NELSON and his co-defendant committed a carjacking on January 2, 2022, in the 1000 block of Carondelet Street. NELSON and his co-defendant took the car from the victims using force and intimidation then fled in the stolen vehicle. During the course of a police chase in which NELSON and his co-defendant hit several vehicles and crashed the stolen vehicle, NELSON fled on foot. NELSON was arrested after surrendering to police .
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation, Louisiana State Police, and the New Orleans Police Department. The case is being prosecuted by Assistant United States Attorney Inga Petrovich of the Violent Crime Unit.
Smuggling over $2M in fentanyl and other narcotics lands women in prisonRead the Press Release
CORPUS CHRISTI, Texas – Two Houston women have been sent to prison following their convictions of conspiring to possess with intent to distribute fentanyl, heroin and cocaine, announced U.S. Attorney Alamdar S. Hamdani.
Clarissa Hernandez, 24, admitted her role in the conspiracy June 2, 2022, while her co-conspirator, Sarah Morales, 24, pleaded guilty April 28, 2022.
Today, U.S. District Judge David S. Morales ordered Hernandez to serve 120 months in federal prison to be immediately followed by five years of supervised release. At the hearing, the court heard additional evidence that detailed the conspiracy, which included the women purchasing firearms in Houston and exporting them to Mexico.
Morales was also previously sentenced to a 120-month term of imprisonment to be immediately followed by five years of supervised release. In handing down the sentence, the court noted the complex and seriousness nature of the criminal activity.
On Feb. 11, 2022, Hernandez attempted to drive through a Border Patrol (BP) checkpoint, at which time a K-9 alerted to her vehicle. A search revealed 15 bundles of cocaine and 32,500 pills of disguised fentanyl concealed in the front and rear bumpers of her Chevrolet sedan.
Soon after, Morales also attempted to pass through the checkpoint. During a search, authorities discovered 12 bundles of cocaine, three bundles of heroin and one bundle of fentanyl concealed in the front and rear bumpers of her Ford sport utility vehicle.
At the time of their pleas, they admitted they had conspired together to smuggle a total of 25.36 kilograms of cocaine, 4.94 kilograms of fentanyl and 255 grams of heroin.
The drugs have a combined estimated street value of approximately $2.25 million.
Hernandez will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of BP. Assistant U.S. Attorney John Marck prosecuted the case.
#OnePillCanKill
Smuggler sentenced after leaving one dead in brushRead the Press Release
CORPUS CHRISTI – A 26-year-old Mexican citizen illegally in the United States has been ordered to federal prison for transporting illegal aliens, announced U.S. Attorney Alamdar S. Hamdani.
Jose Carols Arroyo-Secundino pleaded guilty Dec. 28, 2022.
Today, U.S. District Judge Nelva Gonzales Ramos ordered Arroyo-Secundino to serve 48 months in federal prison. Not a U.S. citizen, Arroyo-Secundino is expected to face removal proceedings following his imprisonment. At the hearing, the court heard additional evidence regarding the reckless nature of the offense that described the hazardous nature of transporting aliens through the brush in South Texas. In handing down the sentence, the court noted Arroyo-Secundino’s lack of criminal history.
On Sept. 11, 2022, law enforcement apprehended Arroyo-Secundino after observing him guide approximately 13 illegal aliens through the brush. After his arrest, a subsequent search of his cell phone led to the discovery of videos depicting a person dying. The videos linked Arroyo-Secundino to a deceased person found in the brush on July 16, 2022. The footage confirmed Arroyo-Secundino guided the group and directed others to leave the victim in the brush.
The investigation also revealed the number associated with the cell phone was used to contact the victim’s brother to demand $2,000 in exchange for the GPS coordinates of the body. The information was turned over to law enforcement who ultimately located the deceased person.
Arroyo will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Border Patrol conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Amanda L. Gould prosecuted the case.
Roseville Man Indicted for Receiving and Possessing Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment last week against Timothy James Durel, 57, of Roseville, charging him with receipt of child pornography and possession of child pornography, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between July 2013 and March 2021, Durel received visual depictions of children engaged in sexually explicit conduct. He also possessed child pornography between about July 2012 and February 2021.
This case is the product of an investigation by Homeland Security Investigations. Assistant U.S. Attorney Roger Yang is prosecuting the case.
If convicted, Durel faces a maximum statutory penalty of 20 years in prison and a fine of up to $250,000 for receipt of child pornography, and a maximum statutory penalty of 10 years in prison and a fine of up to $250,000 for possession of child pornography. 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.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Richfield Felon Pleads Guilty to Possessing a Glock with Full Auto SwitchRead the Press Release
ST. PAUL, Minn. – A Richfield man has pleaded guilty to illegally possessing a firearm with an attached “switch,” making it a fully automatic weapon, announced U.S. Attorney Andrew M. Luger.
According to court documents, on October 14, 2022, law enforcement attempted to arrest Vatthana Andy Sengsouriya, 28, on an outstanding warrant. When officers tried to take Sengsouriya into custody in the parking lot of the Eden Prairie Home Depot, he fled in his vehicle. Officers pursued Sengsouriya and were able to stop his vehicle with a Pursuit Intervention Technique (PIT) maneuver, but Sengsouriya fled his vehicle on foot and ran into the woods. After a brief foot chase, law enforcement apprehended Sengsouriya and took him into custody. Officers searched a cross-body bag Sengsouriya was wearing and found 115 grams of cocaine, some of which was packaged into smaller bags meant for distribution, and a Glock Model 21 .45 caliber pistol with a switch attached to it, which transformed the handgun into a fully automatic weapon.
Sengsouriya pleaded guilty yesterday in U.S. District Court before Judge Kate M. Menendez to one count of possession of a firearm as a felon. A sentencing hearing will be scheduled at a later date.
This case is the result of an investigation conducted by the DEA, the Hennepin County Sheriff’s Office, the Eden Prairie Police Department, and the Southwest Hennepin Drug Task Force.
Assistant U.S. Attorneys Albania Concepcion and Lauren O. Roso are prosecuting the case.
Red Lake Man Pleads Guilty in Drunk Driving Manslaughter CaseRead the Press Release
MINNEAPOLIS – A Red Lake man has pleaded guilty to involuntary manslaughter resulting from a drunk driving crash, announced U.S. Attorney Andrew M. Luger.
According to court documents, on the morning of November 6, 2021, Gerald Wayne Johnson, 27, was driving a vehicle while intoxicated with a passenger in the front seat. Johnson was driving above 90 miles per hour on a public road which had a posted speed limit of 20 miles per hour. While speeding and driving recklessly, Johnson lost control and crashed the vehicle into a nearby tree. Johnson’s passenger died from her injuries caused by the crash. Johnson’s blood was drawn, and his blood alcohol content was determined to be .224.
Johnson pleaded guilty today in U.S. District Court before Senior Judge Michael J. Davis to one count of involuntary manslaughter. A sentencing hearing will be scheduled at a later time.
This case is the result of an investigation conducted by the FBI, the Red Lake Police Department, and the Minnesota State Patrol.
Assistant U.S. Attorney Joseph S. Teirab is prosecuting the case.
Real Estate Agent Sentenced to 20 Years in Prison for Conspiring to Sexually Exploit ChildrenRead the Press Release
DETROIT – A real estate agent was sentenced to 20 years in federal prison for conspiring to sexually exploit children, United States Attorney Dawn N. Ison announced today.
Ison was joined in the announcement by Angie M. Salazar, Special Agent in Charge of Homeland Security Investigations (HSI), Detroit Field Office.
Dennis Michael Putman, age 60, of Warren, Michigan, was sentenced by United States District Judge Sean F. Cox. As part of his guilty plea, Putman had admitted that he used the WhatsApp messaging application to conspire with another individual to produce sexually explicit images of minors, with his co-conspirator producing and sending to him at least one video of a minor engaged in sexually explicit conduct.
Law enforcement officers discovered this offense when searching Putman’s residence as part of a drug investigation. Putman cooperated regarding his role in the drug offense and directed officers to look at his WhatsApp account for drug-related messages. In the application, officers found sexually explicit conversations with his co-conspirator regarding the exploitation of children and a sexually explicit video of a minor.
An investigation later determined that these conversations continued for nearly two months, with Putman frequently demanding that his co-conspirator produce sexually explicit images of young minors that frequently were in her care. Putman—who was employed as a real estate agent—secured his drug-addicted and impoverished co-conspirator’s involvement in part by frequently paying her small sums of money.
“This defendant took advantage of his co-conspirator’s drug addiction and mental health issues to cause the exploitation of children. This sentence reflects his role in this disturbing crime,” U.S. Attorney Ison said.
“Predators who seek to exploit children, whether by themselves or through others, will be caught and brought to justice,” said HSI Detroit Special Agent in Charge Angie M. Salazar. “I’m proud of the law enforcement partners and prosecutors who helped remove this threat to our communities.”
This case was investigated by the County of Macomb Enforcement Team (COMET) and Homeland Security Investigations and was prosecuted by Assistant United States Attorney Christopher Rawsthorne.
Raleigh County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – Gregory Kincaid, 31, of Cool Ridge, was sentenced today to two years and nine months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on April 7, 2022, law enforcement officers were executing a search warrant at a Cool Ridge residence when Kincaid arrived at the residence in a vehicle. After officers approached the vehicle, Kincaid admitted that he possessed a Smith & Wesson, model M&P Shield, 9mm pistol. Kincaid told officers he had stolen the firearm from his father and had brought it to the residence being searched to sell or trade for money or controlled substances.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Kincaid knew he was prohibited from possessing a firearm because of his prior felony conviction for third-offense driving revoked for DUI in Raleigh County Circuit Court on November 25, 2020.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Beckley/Raleigh County Drug and Violent Crime Unit, and the Raleigh County Sheriff’s Department.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Andrew D. Isabell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:22-cr-192.
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Raleigh County Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – David Jeffrey Edwards, 47, of Daniels, was sentenced today to seven years in prison, to be followed by three years of supervised release, for possession with intent to distribute methamphetamine and fentanyl.
According to court documents and statements made in court, on February 24, 2022, law enforcement officers executed a warrant at Edwards’ residence in Daniels. Edwards admitted to possessing 19 grams of methamphetamine packaged in nine separate small bags, 1 gram of fentanyl and $958 found during the search. Edwards further admitted that he intended to distribute the controlled substances.
Edwards also admitted to selling a half-gram of fentanyl to a confidential informant at his residence in December 2021. Edwards told officers during the February 24, 2022, search that he had been selling an average of a half-ounce of methamphetamine weekly for several weeks. Officers also found an improvised explosive device during the search, a glass bottle filled with gunpowder, metal spheres, projectiles and other objects with a length of cordage inserted in the bottle opening as a means of ignition. Edwards admitted that he made the improvised explosive device.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley/Raleigh County Drug and Violent Crime Unit.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Andrew D. Isabell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:22-cr-125.
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Plattsmouth Man Sentenced for Firearm and Drug Trafficking CrimesRead the Press Release
United States Attorney Steven Russell announced that Zachary Wichmann, 27, of Plattsmouth, Nebraska, was sentenced today in federal court in Omaha for possessing with intent to distribute fentanyl and possessing a firearm during a drug trafficking crime. United States District Judge Brian C. Buescher sentenced Wichmann to 57 months’ imprisonment on the drug charge and a consecutive 60 months’ imprisonment on the firearm charge, for a total sentence of 117 months. There is no parole in the federal system. After his release from prison, Wichmann will begin a three-year term of supervised release.
On October 28, 2020, law enforcement purchased 300 fentanyl pills from Wichmann utilizing an undercover officer in an Omaha parking lot. On November 6, 2020, law enforcement received information from the U.S. Postal Inspector that Wichmann was receiving a package from Oregon. As a result of that information, they obtained a court authorized search warrant for Wichmann’s residence.
On November 10, 2020, law enforcement executed the search warrant on Wichmann's residence. Officers located 1,029 fentanyl pills, two firearms, and $10,293 in U.S. Currency. Wichmann was buying drugs over the Dark Net and selling them in the Omaha metro area. The Drug Enforcement Administration administratively forfeited the $10,293.
This case was investigated by the Omaha Police Department, Drug Enforcement Administration, and United States Postal Inspection Service.
Piedmont Jail Escapee Pleads GuiltyRead the Press Release
RICHMOND, Va. – A North Carolina man pleaded guilty today to escaping from the Piedmont Regional Jail in Farmville, Virginia.
According to court documents, Bruce Carroll Callahan, Jr., 44, was detained at the Piedmont Regional Jail pending trial on federal drug distribution and firearms charges in the Eastern District of North Carolina. On the night of April 30, 2023, Callahan left his housing unit though an unsecured door and scaled the fences surrounding the jail. He remained at large until he surrendered to local law enforcement officers in Farmville on the morning of May 8, 2023.
Callahan is scheduled to be sentenced on June 27. He faces a maximum penalty of five years 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 Shannon Saylor, Acting U.S. Marshal for the Eastern District of Virginia, made the announcement after U.S. District Judge Roderick C. Young accepted the plea.
Assistant U.S. Attorney Michael C. Moore is prosecuting the case.
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. 3:23-cr-065.
Phenix City Man Sentenced to 20 Years in Federal Prison Following Federal Gun and Drug ConvictionsRead the Press Release
Montgomery, Alabama – Today, United States Attorney Sandra J. Stewart announced that Dedrick Farold Smith, 40, from Phenix City, Alabama, received a sentence of 240 months in prison after pleading guilty to federal gun and drug charges.
According to Smith’s plea agreement and other court records, on May 25, 2021, the Dothan Police Department received information that Smith, who had outstanding arrest warrants, was staying at a hotel in town and had with him methamphetamine and a firearm. When officers attempted to apprehend Smith, he tried to flee by ramming a law enforcement vehicle and leading them on a short high-speed chase. Eventually, Smith crashed his vehicle and officers took him into custody. During the arrest, investigators located a black bag containing plastic baggies of methamphetamine and observed an empty holster on Smith’s left side. On the driver's side of Smith’s vehicle, law enforcement found two handguns. One of the guns had been reported stolen. The methamphetamine was 89 percent pure. Smith has prior felony convictions and is prohibited from possessing a firearm.
On November 29, 2022, Smith pleaded guilty to possession of methamphetamine with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime and being a felon in possession of a firearm. Smith’s sentencing occurred on May 25, 2023.
The Dothan Police Department and the Drug Enforcement Administration investigated this case, which Assistant United States Attorney John J. Geer, III prosecuted.
Pasquotank County Man Sentenced to 7 Years in Prison for Child Pornography OffensesRead the Press Release
RALEIGH, N.C. – An Elizabeth City, N.C. man was sentenced today to 84 months in prison and 10 years of supervised release for the receipt and possession of child sexual abuse material (CSAM) between October 2011 and March 2021. On January 3, 2023, Brian Keith Corp, 59, pled guilty to one count of receipt of child pornography.
According to court documents and other information presented in court, investigators received a cyber tip in March of 2021 which indicated that a phone number, later confirmed to belong to Corp, had uploaded 5 files containing CSAM. Investigators obtained a search warrant and met Corp at his residence on March 10, 2021. Corp initially denied knowledge of any CSAM and consented to a search of his electronic devices. As the forensic preview examination was being conducted on-scene, Corp made several admissions. A full forensic examination revealed over 5,500 files containing CSAM, including images and videos depicting sexual abuse of toddlers. The forensic examination also revealed a carefully organized collection of CSAM that indicated Corp had been engaged in the offense conduct for nearly 10 years. While on pretrial release, Corp absconded and was on the run for several days before authorities ultimately located him in Virginia.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Terrence W. Boyle. The Department of Homeland Security, Pasquotank County Sheriff’s Office, and the North Carolina State Bureau of Investigation investigated the case and Assistant U.S. Attorney Bryan M. Stephany prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:22-CR-00007-BO.
Operation Smoke and Mirrors Update: Kanawha County Man Pleads Guilty to Role in Methamphetamine Trafficking OrganizationRead the Press Release
CHARLESTON, W.Va. – Nicholas Bradford Confere, 35, of Mammoth, pleaded guilty today to using a communications facility to facilitate a drug trafficking offense. Confere admitted to his role in a drug trafficking organization (DTO) that operated in the Charleston area.
According to court documents and statements made in court, on December 4, 2022, Confere used a land line telephone in Mammoth to arrange the purchase of methamphetamine from a co-defendant. During the call, Confere informed the co-defendant that other third-party individuals also had money to purchase methamphetamine from the co-defendant. The arranged meeting took place and Confere obtained a quantity of methamphetamine from the co-defendant.
Confere admitted that he obtained this methamphetamine partially on consignment, meaning he was expected to pay the co-defendant after he sold the methamphetamine. Confere further admitted to using a cellular phone to inform the co-defendant that he had sold the methamphetamine that he obtained, and therefore had the money to pay the co-defendant.
Confere is scheduled to be sentenced on September 20, 2023, and faces a maximum penalty of four years in prison, three years of supervised release, and a $250,000 fine.
Confere is among 30 individuals indicted as a result of Operation Smoke and Mirrors, a major drug trafficking investigation that has yielded the largest methamphetamine seizure in West Virginia history. Law enforcement seized well over 200 pounds of methamphetamine as well as 28 pounds of cocaine, 20 pounds of fentanyl, 18 firearms and $747,000 in cash.
Eight other co-defendants have pleaded guilty. Indictments against the other defendants are pending. An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Postal Inspection Service, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the West Virginia National Guard Counter Drug program, the Kanawha County Sheriff’s Office, the Charleston Police Department, the Putnam County Sheriff’s Office and the Raleigh County Sheriff's Office. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.
Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is prosecuting the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 2:23-cr-4 and 2:23-cr-68.
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Omaha Man Sentenced for Transporting Child PornographyRead the Press Release
United States Attorney Steven Russell announced that Derek A. Bailey, 40, of Omaha, Nebraska, was sentenced today in federal court in Omaha for transportation of child pornography. The Honorable Brian C. Buescher sentenced Bailey to 96 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Bailey will serve 7 years of supervised release. Bailey was also ordered to pay $3,000 in restitution.
In May 2019, law enforcement began investigating after receiving a Cybertip from Yahoo stating that a user had uploaded child pornography. An IP address associated with the uploads was associated with Bailey. Investigators searched Bailey’s electronic devices and observed more than 833 images and videos of child pornography on the devices. A witness reported that after the search warrant, Bailey had been looking for a MicroSD card, which the witness located. The MicroSD card was found to contain graphic files depicting Bailey in addition to child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska State Patrol.
Nigerian Woman Pleads Guilty to Money Laundering ConspiracyRead the Press Release
Hattiesburg, Miss. – A Nigerian citizen pleaded guilty to conspiracy to commit money laundering, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
According to court documents and information presented to the Court, between 2018 and 2022, Uyoyo Mercy Abire, 28, and her coconspirators used online romance scams, online charity scams, and other types of fraud to defraud victims of their money. The money received as a result of these scams was then transferred between the conspirators, and ultimately, much of the money was transferred overseas. Between November 2018 and April of 2019, Abire herself transferred over $100,000.00 to coconspirators through her U.S. bank account.
Abire is scheduled to be sentenced on August 30, 2023. She faces a maximum sentence of 20 years imprisonment. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI investigated the case.
Former Assistant U.S. Attorney Andrew Eichner originally prosecuted the case, and it is currently being prosecuted by Assistant U.S. Attorney Jonathan Buckner.
New York Sex Offender Sentenced to 60 Years for Committing Multiple Offenses Against North Carolina MinorRead the Press Release
GREENSBORO – A New York man was sentenced today to 720 months in prison after pleading guilty to multiple offenses committed in North Carolina announced United States Attorney Sandra J. Hairston of the Middle District of North Carolina (MDNC).
According to court records, JOSHUA TIMOTHY MILLER, age 33, of Rochester, New York, traveled to North Carolina on two occasions, first in December 2021 and again in February 2022 and engaged in sexually activity with a fifteen-year-old minor. Miller also recorded videos of the minor engaged in sexually explicit conduct while communicating via video chat.
At the time of these offenses, MILLER was a registered sex offender in New York. In 2007, in Monroe County, New York, MILLER was convicted of three counts of first-degree sexual abuse: sexual contact with an individual less than eleven years old and four counts of first-degree attempted sexual act. For these crimes, Miller was sentenced to seven years in prison followed by five years of post-release supervision.
Today, MILLER was sentenced to a 720-month term of imprisonment by the Honorable Catherine C. Eagles, United States District Judge in the United States District Court for the MDNC. In addition to prison time, MILLER was ordered to serve a lifetime term of supervised release and to pay special assessments totaling $1,500.00. He pleaded guilty to two Informations on December 19, 2022. In case number 1:22CR396-1, he pleaded guilty to one violation of Title 18, United States Code Section 2252A(a)(5)(B), possession of child pornography. In case number 1:22CR390-1, he pleaded guilty to two violations of Title 18, United States Code Section 2423(b), traveling to meet a minor for sexual activity and two accompanying violations of Title 18, United States Code Section 2260A, committing a felony offense involving a minor while required to register as a sex offender.
The case was investigated by the Federal Bureau of Investigation with the assistance of a local law enforcement agency and was prosecuted by Assistant United States Attorneys Lindsey Freeman and Eric Iverson.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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New York Man Admits Transporting Minors to Engage in Illicit Sexual ConductRead the Press Release
TRENTON, N.J. – A New York man admitted transporting minors across state lines to engage in illicit sexual conduct, U.S. Attorney Philip R. Sellinger announced today.
Berry Norman, 35, of Bronx, New York, pleaded guilty before U.S. District Judge Zahid N. Quraishi in Trenton federal court on May 30, 2023, to an information charging him with interstate travel to engage in illicit sexual conduct.
“Sexual crimes involving children are among the most serious crimes we prosecute,” U.S. Attorney Sellinger said. “The conduct admitted by this defendant is reprehensible, and he will now face the appropriate punishment for his crime.”
“Berry Norman’s actions were despicable by luring innocent minors down a dark path of horrific abuse and emotional trauma,” Special Agent in Charge of the Department of Homeland Security, Homeland Security Investigations (HSI), Newark, Ricky J. Patel said. “The deceptive ways Norman and other human traffickers conspire to appear trustworthy to their victims has far-reaching consequences. Rescuing these victims is of utmost importance to HSI Newark and we remain committed to protecting and assisting victims while bringing traffickers to justice.”
According to documents filed in this case and statements made in court:
On Feb. 24, 2021, Norman invited two female victims, both minors, to travel with him from Ohio to New Jersey. Norman traveled from Ohio to New Jersey and from New Jersey to New York with victims with the intent to engage in a sexual act with them or for the purpose of producing child pornography. On Feb. 27, 2021, Norman engaged in sexual acts with one victim. On Feb. 28, 2021, Norman and the victims traveled to New York City.
The charge of interstate travel to engage in illicit sexual conduct carries a maximum penalty of 30 years in prison and a fine of $250,000. Sentencing is scheduled for Oct. 3, 2023.
U.S. Attorney Sellinger credited special agents of HSI, under the direction of Special Agent in Charge Ricky J. Patel in Newark; the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez; and the New York Police Department, under direction of Police Commissioner Keechant L. Sewell, with the investigation leading to the guilty plea.
The government is represented by Assistant U.S. Attorney Sophie Kaiser of the General Crimes Unit in Newark.
norman.information.pdfNew Orleans Man Pleads Guilty to Federal Carjacking and Weapons ViolationsRead the Press Release
NEW ORLEANS, LOUISIANA – On May 30, 2023, TEVIS STANTON, age 22, a resident of Orleans Parish, pled guilty to two counts of a four-count indictment for carjacking and weapons violations announced U.S. Attorney Duane A. Evans. Count 1 charged STANTON with a March 22, 2022 carjacking, in the 1200 block of Fern Street in New Orleans, Louisiana. Count 2 charged STANTON with using a firearm in furtherance of a crime of violence. His sentencing is set for September 27, 2023.
In Count 1 of the indictment charging STANTON with carjacking, a violation of Title 18, United States Code, Section 2119(1), he faces a maximum sentence of 15 years of imprisonment, a fine of up to $250,000.00, and up to 3 years of supervised release. In Count 2, charging STANTON with using a firearm in furtherance of a crime of violence, a violation of Title 18, United States Code, Section 924(c)(1)(A)(ii), he faces a mandatory minimum of 7 years up to a maximum of life imprisonment, to run consecutive to any other sentence imposed, a fine of up to $250,000.00, and up to 5 years of supervised release. For each count, STANTON faces payment of a mandatory special assessment fee of $100.00.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives, as well as the New Orleans Police Department. The case is being prosecuted by Assistant United States Attorney Inga Petrovich of the Violent Crime Unit .
New Jersey Man Sentenced to 10 Years in Prison for Drug TraffickingRead the Press Release
CAMDEN, N.J. – A New Jersey man was sentenced to 120 months in prison for conspiring with others to obtain and distribute several kilograms of cocaine, U.S. Attorney Philip R. Sellinger announced today.
Carl Lee Holloway, 43, of Penns Grove, New Jersey, previously pleaded guilty before Chief U.S. District Judge Renée Marie Bumb to an information charging him with one count of conspiring to distribute cocaine. Judge Bumb imposed the sentence in Camden federal court.
According to documents filed in this case and statements made in court:
Holloway admitted that from June 2020 through July 13, 2021, he conspired with Lavinston Lamar, Marvin Murphy, and others, to distribute and to possess with intent to distribute cocaine. On July 13, 2021, Holloway drove to a hotel in Mount Laurel, New Jersey, with a bag containing $97,600 in cash. Holloway then met undercover agents in a hotel room at the hotel. Lamar and Murphy separately entered the hotel room with bags containing approximately $243,000. They briefly inspected one of the kilograms of cocaine previously brought into the room by undercover agents, after which agents entered the room and arrested Holloway, Lamar, and Murphy.
Chief Judge Bumb previously sentenced Lamar to 114 months in prison after Lamar pleaded guilty to his involvement in the same conspiracy and to violating the conditions of his supervised release from a prior conviction for conspiring to distribute cocaine.
Murphy is charged by indictment with the same conspiracy. The charges and allegations contained in the indictment are merely accusations, and he is presumed innocent unless and until proven guilty.
In addition to the prison term, Judge Bumb sentenced Holloway to five years of supervised release and ordered him to pay a $50,000 fine.
U.S. Attorney Sellinger credited special agents with the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Ricky J. Patel in Newark and Special Agent in Charge Chad Plantz in San Diego; and the Mount Laurel Police, under the direction of Chief Judy Lynn Schiavone, with the investigation leading to the sentencing.
The government is represented by Assistant U.S. Attorney Jeffrey Bender of the U.S. Attorney’s Office in Camden.
New Jersey Doctor Admits Buying and Selling Oncology Medication for ProfitRead the Press Release
NEWARK, N.J. – A New Jersey doctor today admitted using her medical license – and allowing others to use it – to purchase prescription oncology medications under false pretenses to sell them for profit, U.S. Attorney Philip R. Sellinger announced.
Anise Kachadourian, 55, of Towaco, New Jersey, a board-certified oncologist, pleaded guilty before U.S. District Judge Susan D. Wigenton in Newark federal court to an information charging her with unlawfully selling prescription cancer medication, which had been previously purchased using her medical license and under the representation that such medication was to be used to treat her patients.
According to documents filed in this case and statements made in court:
While working in her medical practice’s offices in various locations in New Jersey, Kachadourian was recruited by an individual who owned a pharmacy and also owned and operated two businesses that were wholesale distributors of prescription drugs. At the request of this individual and others working with him, in return for payment of approximately $5,000 per month, Kachadourian used her medical license – and allowed others to use it – to purchase expensive prescription drugs, primarily, cold-chain biologic infusion medications that typically are used to treat cancers, macular degeneration, and autoimmune diseases. By recruiting and using Kachadourian and her medical license to purchase the drugs, these individuals were able to obtain prescription drugs from the pharmaceutical manufacturers’ authorized distributors that they would not otherwise have been permitted to purchase. They were then able to sell them at a profit through their two businesses.
In purchasing the drugs, Kachadourian and the individuals made numerous false and misleading representations to the pharmaceutical manufacturers and authorized distributors, including that Kachadourian purchased the drugs to use to treat her patients, and that the drugs would not be resold or redistributed. In actuality, none of the drugs were administered to any of Kachadourian’s patients, but were ultimately sold to customers of the two businesses. Kachadourian was paid more than $170,000 for purchasing and allowing others to purchase in her name millions of dollars in prescription drugs during the scheme, which ran from October 2016 through January 2019.
Kachadourian is the third doctor who has pleaded guilty in connection with this fraudulent scheme.
The sale of prescription drugs purchased by a healthcare entity is punishable by a maximum of three years in prison and a $10,000 fine. In her plea agreement, Kachadourian also agreed to make restitution for the full amount of any loss resulting from her offense. Sentencing is scheduled for Feb. 6, 2024.
U.S. Attorney Sellinger credited special agents of the U.S. Food and Drug Administration’s Office of Criminal Investigations New York Field Office, under the direction of Special Agent in Charge Fernando P. McMillan; and special agents of U.S. Attorney’s Office, under the direction of Special Agent in Charge Thomas Mahoney, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Diana Vondra Carrig and Sara A. Aliabadi of the U.S Attorney’s Office in Camden.
kachadourian.information.pdfNavajo Man Charged with Firearms OffensesRead 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 Nathaniel Begay made an initial appearance in federal court on an indictment charging him with assault with a dangerous weapon and using a firearm during and in relation to a crime of violence. Begay, 29, an enrolled member of the Navajo Nation, will remain in custody pending a detention hearing scheduled for June 1.
According to the indictment, on April 28, 2022, using two handguns, Begay shot multiple rounds at three adult individuals and five juveniles with the intent to cause bodily harm.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Begay faces up to life in prison.
FBI Farmington Agency investigated this case with assistance from the Navajo Police Department and Farmington Police Department. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.
Monessen Man Sentenced to 96 Months in Prison for Receipt and Possession of Child Sexual Abuse MaterialRead the Press Release
PITTSBURGH, PA - A resident of Monessen, Pennsylvania, has been sentenced to 96 months’ imprisonment followed by 5 years’ supervised release on his conviction of receipt and possession of material depicting the sexual exploitation of a minor, Acting United States Attorney Troy Rivetti announced today.
U.S. District Judge Nicholas Ranjan imposed the sentence on Robert Haggerty, age 63.
According to information presented to the court during the change of plea hearing, Robert Haggerty knowingly possessed more than 92 images and 8 videos containing child sex abuse material, some of which depicted sadistic and masochistic conduct and the sexual abuse of infants and toddlers. Haggerty also knowingly received three images containing child sexual abuse material from an individual identified in communications as a 16-year old minor female.
Prior to imposing sentence, Judge Ranjan stated that “there is no question that the conduct in this case was serious” and that the “images at issue were, as described, disturbing.” Judge Ranjan further noted that “there are real victims in these cases,” explaining that “the reality is these crimes, whether it is a receipt or possession, have a real impact on people.” In addition to the terms of incarceration and supervised release, Judge Ranjan ordered Haggerty to pay restitution to one victim in the amount of $3,500.
Assistant United States Attorney Karen Gal-Or is prosecuting this case on behalf of the government.
Acting United States Attorney Rivetti commended Homeland Security Investigations and other members of the Western Pennsylvania Violent Crimes Against Children Task Force for the investigation leading to the successful prosecution of Haggerty.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Militia Members Indicted for Conspiracy to Murder Border Patrol Officers and Attempted Murder of FBI AgentsRead the Press Release
JEFFERSON CITY, Mo. – Two members of the self-styled 2nd American Militia who conspired to go “to war with border patrol” have been indicted by a federal grand jury on charges related to a conspiracy to murder Border Patrol officers, which ended in a shootout with FBI agents who arrested them on the eve of their planned trip to the United States – Mexico border.
Bryan C. Perry, 37, of Clarksville, Tennessee, and Jonathan S. O’Dell, 33, of Warsaw, Mo., were charged in a 44-count second superseding indictment returned by a federal grand jury in Jefferson City on Wednesday, May 30. The second superseding indictment replaces prior charges filed against Perry and O’Dell and contains additional charges. Perry and O’Dell remain in federal custody without bond following separate detention hearings in which the court ruled they pose a danger to the community.
The indictment alleges that Perry and O’Dell participated in a conspiracy to murder officers and employees of the United States government. They allegedly planned to travel to Texas to shoot at illegal immigrants crossing the United States – Mexico border. According to the indictment, they also planned to murder officers and employees of the U.S. Border Patrol who would attempt to stop them.
In addition, the indictment also alleges that Perry and O’Dell participated in a conspiracy to assault federal officers and employees and a conspiracy to injure federal officers and employees. The indictment also charges them together in seven counts of the attempted murder of FBI special agents, seven counts of assaulting FBI special agents with a deadly weapon, three counts of assaulting FBI special agents, 14 counts of using a firearm in furtherance of a crime of violence, and one count of damaging federal property.
Perry is also charged with two counts of being a felon in possession of a firearm, one count of possessing a firearm with an obliterated serial number, one count of the possession of body armor by a violent felon, one count of possessing an explosive, and one count of threatening to injure another person.
O’Dell is also charged with one count of possessing a firearm while subject to a court order of protection, one count of threatening to injure another person, and one count of making a false statement to the FBI.
Throughout the spring, summer, and fall of 2022, the indictment says, Perry and O’Dell recruited and attempted to recruit other individuals to join their militia group. They advertised a recruitment event in Warsaw prior to leaving for the United States – Mexico border.
On Sept. 5, 2022, Perry traveled from Tennessee to Warsaw to live with O’Dell. They allegedly used O’Dell’s residence as a staging site as they prepared for their trip to the border and collected firearms, paramilitary gear, ammunition, and other supplies.
The federal indictment cites a series of social media posts from Perry. On Sept. 12, 2022, Perry posted a video on TikTok in which he discussed illegal immigrants coming into the United States from Mexico. Perry stated that the U.S. Border Patrol was committing treason by allowing these illegal immigrants to enter the United States, and that the penalty for treason was death. Perry posted another video on TikTok the next day in which he stated that he was “ready to go to war against this government.”
On Sept. 22, 2022, Perry posted a video on TikTok in which he stated, “we’re out to shoot to kill” and that “our group is gonna go protect this country.” On Oct. 3, 2022, Perry posted a video on TikTok in which he stated, “we were going out huntin’,” that his group was taking their “full kits,” and that they were leaving for the United States – Mexico border on Oct. 8, 2022.
On Oct. 3, 2022, Perry held a phone conversation with an unidentified individual in which Perry stated they were going to go down to the United States – Mexico border to “start a war.” Perry expressed their plan to shoot people coming across the border and to shoot “federal agents” who would oppose them. Perry also stated they would acquire gear and supplies from federal agents after they “take a couple of ’em out.”
On Oct. 7, 2022, according to the indictment, Perry and O’Dell had amassed six firearms, 23 magazines filled with ammunition, 1,770 rounds of various other ammunition, two sets of body armor with corresponding plate carrier vests, a handheld radio, two sniper rests, two gas masks, two items that appeared to be ballistic helmets, and multiple containers of a binary explosive mixture commonly sold as an exploding target.
On Oct. 7, 2022, the FBI executed a search warrant at O’Dell’s residence and took O’Dell and Perry into custody. Federal agents approached the property in vehicles with red and blue lights activated. As the FBI approached, an agent utilized a loudspeaker on one of the vehicles, stating that they were with the FBI and that they had a search warrant for the residence. The FBI agent began to repeat the announcement, again stating that they were with the FBI, when gunshots were fired from a front window at the lead FBI vehicle. Several rounds hit the lead FBI vehicle. According to the indictment, Perry fired 11 shots from his Voodoo Innovations multi-caliber rifle with an AM-15 lower receiver. FBI special agents did not return fire and, after the gunshots ceased, the FBI established a perimeter and began communicating with the persons inside the residence to come out.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorneys Casey Clark and Ashley Turner. It was investigated by the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
McAlester Resident Sentenced for Sexually Abusing A ChildRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announces that Bruce Lee Montes, age 34, of McAlester, Oklahoma, was sentenced today to 25 years in prison, followed by a lifetime term of supervised release, for sexually abusing a minor in Indian Country.
The charges arose from investigations by the McAlester Police Department and the Federal Bureau of Investigation.
On May 5, 2022, Montes pleaded guilty to one count of Sexual Abuse in Indian Country. At the plea hearing, the defendant admitted that in 2013 he engaged in a sexual act with a child under the age of twelve.
"The victim in this case should have never been made to suffer such torment at the hands of Bruce Montes,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “His 25-year prison sentence is a testament to the dedication of the FBI and our law enforcement partners to bringing child predators to justice.”
“The defendant violated the person and the trust of a child,” said United States Attorney Christopher J. Wilson. “The twenty-five-year prison sentence imposed by the Court holds the defendant accountable for the unspeakable physical and emotional trauma he inflicted on this innocent victim.”
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 Pittsburg County, within the boundaries of the Choctaw 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 Eastern District of Oklahoma, sitting by assignment, presided over the hearing in Muskogee, Oklahoma. Montes will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Caila M. Cleary represented the United States.
McAlester Resident Pleads Guilty to Distributing FentanylRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Dereak Lee Eubanks, age 33, of McAlester, Oklahoma entered a guilty plea to two counts of Distribution of Fentanyl, punishable by up to 20 years in prison and a fine of up to $1,000,000.
The superseding indictment alleged that on October 20, 2022, and again on January 19, 2023, Eubanks distributed fentanyl, a Schedule II controlled substance.
The charges arose from an investigation by the McAlester Resident Office of the Drug Enforcement Administration.
According to court documents, Eubanks sold counterfeit Roxicodone (M30) tablets containing fentanyl to an undercover DEA special agent on two occasions in McAlester, Oklahoma.
The Honorable Gerald L. Jackson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. Eubanks will remain in custody of the U.S. Marshal pending sentencing.
Assistant United States Attorney Zachary W. Parsons represented the United States.