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Friday 26 May 2023
Federal judge convicts Billings felon of illegal possession of firearmRead the Press Release
MISSOULA — A federal judge today convicted a Billings felon of illegally possessing a firearm after a bench trial, U.S. Attorney Jesse Laslovich said.
U.S. District Judge Dana L. Christensen found Gregory Richard Boyd, 40, guilty of prohibited person in possession of firearm. The trial lasted two days.
Boyd faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. The court set sentencing for Sept. 27. Boyd was detained pending further proceedings.
“Boyd possessed a 9mm pistol despite having been previously convicted of a felony and knowing he was banned from having guns or ammunition. Firearms in the hands of felons are a threat to community safety, and we will continue to aggressively investigate and prosecute violent offenders. I want to thank Assistant U.S. Attorneys Brian C. Lowney and Timothy A. Tatarka, along with and the Bureau of Alcohol, Tobacco, Firearms and Explosives and Billings Police Department, for their work on this case,” U.S. Attorney Laslovich said.
The government alleged in court documents that on April 10, 2019, Billings police officers served a search warrant on Boyd’s residence. Officers permitted Boyd to leave the residence, and he left in a Chevy Blazer. During the search, officers found a 9mm pistol under clothing in a bedroom. The gun’s magazine contained 10 9mm bullets. Two days later, law enforcement learned Boyd had not shown up for work since the search and eventually learned that he had fled to California. On April 17, 2019, law enforcement learned that Boyd’s Chevy Blazer, along with another of his vehicles, was at an autobody shop. The shop owner told law enforcement that Boyd had asked if he could leave the vehicles on his property. Officers searched the Blazer and found a box of 9mm ammunition. The box was missing 10 rounds, and the ammunition was the same brand as the bullets found in the pistol seized from Boyd’s residence. An analysis of the pistol found that Boyd’s DNA was likely on the gun. Boyd was convicted of a federal felony in July 2007.
Assistant U.S. Attorneys Brian C. Lowney and Timothy A. Tatarka prosecuted the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Billings Police Department conducted the investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Federal Indictment Charges Former Thomson Penitentiary Inmate with Murder in Connection with Death of Fellow InmateRead the Press Release
ROCKFORD — A former inmate at the United States Penitentiary in Thomson, Ill., has been indicted by a federal grand jury in Rockford in connection with the death of his cellmate.
JAVIER GONZALEZ-VALENZUELA, 47, of Sonora, Mexico, is charged with second-degree murder and assault in connection with the Feb. 28, 2021, death of Shay Paniry, according to an indictment unsealed Tuesday in U.S. District Court in Rockford. Gonzalez-Valenzuela, who was Paniry’s cellmate at the time of the murder, was later released from Thomson but remained in law enforcement custody on an unrelated charge. He pleaded not guilty Tuesday to the new charges and was ordered to remain detained in federal custody.
The indictment was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, and Robert W. “Wes” Wheeler, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. The government is represented by Assistant U.S. Attorneys Vincenza L. Tomlinson and Cassandra L. Quaglia.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The maximum sentence for the murder charge is life imprisonment, while the maximum for the assault charge is ten years. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
District Man Sentenced to 18 Years in Prison for Armed Sexual Abuse of a StrangerRead the Press Release
WASHINGTON – Troy Ashley, 22, of Washington, D.C., was sentenced today to 18 years in prison for the armed rape of a stranger in Southeast Washington, D.C., announced U.S. Attorney Matthew M. Graves and Interim Chief Ashan Benedict, of the Metropolitan Police Department. On March 17, 2023, Mr. Ashley pleaded guilty to one count of first-degree sexual abuse while armed in the Superior Court of the District of Columbia.
Ashley has been in custody since his arrest on March 26, 2018. His guilty plea called for an agreed-upon 18-year prison sentence. The Honorable Maribeth Raffinan accepted the plea today and also ordered lifetime supervised release.
According to the proffer of facts submitted at the plea hearing, on the evening of March 20, 2018, the victim was sitting in her car, which was parked in the 3200 block of Buena Vista Terrace Southeast, Washington, D.C. Ashley approached the victim’s car, displayed a black handgun, and demanded the victim let him into her car. Out of fear for her life, the victim complied. Ashley then ordered her to drive into a nearby alley. In the alley, Ashley ordered the victim to take off her shirt and move to the back seat of her car, where he was. Once the victim had done so, Ashley forced her to perform oral sex on him. He then forcibly raped her. Ashley then ordered the victim to get back into the driver’s seat and drive from the scene.
Before and after the assault, Ashley demanded money and credit cards from the victim. After the victim told Ashley for the second time that she did not have those things with her, Ashley ordered the victim to drive to the Anacostia River. Once they had arrived at the river, Ashley ordered the victim to strip naked and get into the water or he would shoot her. Again, out of fear for her life, the victim complied.
Ashley drove away in the victim’s car, leaving the victim in the river. The victim was able to call for help from the water using a cell phone she had managed to conceal on her person as she got into the river. Ashley was arrested while sitting in the victim’s car six days later.
In announcing the plea and sentence, U.S. Attorney Graves and Interim Chief Benedict commended the work of those who investigated the case from the Metropolitan Police Department’s Sexual Assault Unit. They also expressed appreciation for the assistance provided by the U.S. Park Police and the District of Columbia Department of Forensic Sciences. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Veronica Vaughan, Paralegal Specialists Garcia Clarke and Tiffany Jones, and former Paralegal Specialist D’Yvonne Key. Finally, they commended the work of Assistant U.S. Attorneys Ryan Creighton, Kathleen Kern, Robert Platt, and Kristin Sourbeer, who investigated and prosecuted the case.
Departments of Justice and Education Release Resource on Confronting Racial Discrimination in Student DisciplineRead the Press Release
The Justice Department’s Civil Rights Division and the Department of Education’s Office for Civil Rights (OCR) jointly released a Resource on Confronting Racial Discrimination in Student Discipline. The departments recognize and appreciate school administrators, teachers and educational staff across the nation who work to administer student discipline fairly, and to provide a safe, positive and nondiscriminatory educational environment for all students, teachers and other educators.
The Resource demonstrates the departments’ ongoing commitment to the vigorous enforcement of laws that protect students from discrimination on the basis of race, color or national origin in student discipline. The Resource provides examples of the departments’ investigations over the last 10 years, reflecting the long-standing approach and continuity in the departments’ enforcement practices over time and the continuing urgency of assuring nondiscrimination in student discipline in our nation’s schools.
“Discrimination in school discipline can have devastating long-term consequences on students and their future opportunities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department Civil Rights Division uses our federal civil rights laws to protect students from discriminatory discipline, including discrimination in suspensions and expulsions, law enforcement referrals and school-based arrests. The investigations that we describe demonstrate how students may experience discrimination based on multiple facets of their identities and reflect our joint commitment to fully protect all students.”
“OCR remains committed to ensuring nondiscrimination in disciplinary practices,” said Assistant Secretary Catherine E. Lhamon of the Department of Education’s Office of Civil Rights. “I look forward to ongoing work in, and with, schools to ensure that no student experiences unlawful discrimination, including with respect to discipline.”
The Resource describes how the departments resolved investigations of 14 school districts in 10 states nationwide – Alabama, Arizona, California, Delaware, Maryland, Minnesota, North Carolina, Ohio, Oklahoma and Utah. These investigations, conducted under Title VI of the Civil Rights Act of 1964 and its regulations and Title IV of the Civil Rights Act of 1964, involved concerns about discrimination in schools’ use of out-of-school suspensions, expulsions, school-based arrests, referrals to law enforcement, involuntary discipline transfers, informal removals and other disciplinary actions against Black, Latino and Native American students.
The Resource demonstrates ways school districts can take steps to proactively improve their administration of student discipline.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at www.justice.gov/crt/educational-opportunities-section. Members of the public may report possible civil rights violations at civilrights.justice.gov/report/.
Dallas Resident Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Charles Joseph Raz, age 42, of Dallas, Texas, was sentenced to 200 months in prison for Possession with the Intent to Distribute Methamphetamine.
The charges arose from investigations by the Latimer County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On May 9, 2023, Charles Joseph Raz pleaded guilty to Possession with the Intent to Distribute Methamphetamine.
During the plea hearing, Raz admitted that on November 27, 2021, he was stopped by a Latimer County Sheriff’s Deputy for speeding on State Highway 2. When the deputy initiated the stop, Raz turned off the highway, dropping a gun and methamphetamine out the vehicle. A search of the vehicle turned up baggies, digital scales, a fully loaded .45 magazine, and additional methamphetamine. A canvas of the nearby ditch revealed a loaded .45 semi-automatic pistol, and a baggie with over 1,500 grams of a substance containing methamphetamine.
“The 200-month sentence imposed by the Court demonstrates that trafficking in illegal drugs and possessing firearms will not be tolerated and will result in significant punishment,” said United States Attorney Christopher J. Wilson.
The Honorable Ronald A. White, Chief District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee. Raz 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 Jordan Howanitz represented the United States at sentencing.
Convicted Felon Sentenced to More than 27 Years in Prison on Drug and Gun ChargesRead the Press Release
ANNISTON, Ala. – A federal judge today sentenced a New York resident on drug and gun charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
U.S. District Court Judge Corey L. Maze sentenced Jerrelle Quintez Gladden, 39, of Brooklyn, New York, to 330 months in prison. In September 2022, a federal jury convicted Gladden of possession with intent to distribute 5 grams or more of methamphetamine, possession of a firearm in furtherance of a drug crime, and felon in possession of a firearm.
“This sentencing signifies our unwavering commitment to combat the threat of illegal drugs and firearms,” U.S. Attorney Escalona said. “Together with our law enforcement partners, we strive for safer streets, and through our collective efforts, we will work tirelessly to keep our communities safe.”
“The ATF commends the collaborative efforts that our brave men and women in law enforcement make on a daily basis,” SAC Watson said. “Criminals do not take a break, and neither will we. The ATF pledges to continue to work with our state, local, and federal partners to keep the communities safe from narcotic dealers and illegal gun possessors.”
According to evidence presented at trial, in January 2020, law enforcement officers executed a state search warrant on a residence in Anniston. Police officers searched the house and found Gladden, a convicted felon, in a bedroom where officers also found digital scales with white crystal-like residue, small plastic baggies consistent with distribution, Gladden’s personal items, and 2 baggies of methamphetamine. Behind the door in the bedroom next to Gladden’s room, officers found a folded chair that contained a clear baggie of methamphetamine, a brown paper bag of U.S. currency, and two loaded firearms: a Sig Sauer 9mm pistol, and a Taurus .380 caliber pistol. The Sig Sauer was reported stolen 8 days prior to finding it during the execution of the search warrant.
ATF investigated the case along with the 7th Judicial Major Crimes Unit and the Anniston Police Department. Assistant U.S. Attorneys Brittney Plyler and Kristy Peoples prosecuted the case.
Clancy man sentenced to 15 years in prison for meth trafficking, firearm crimesRead the Press Release
GREAT FALLS — A Clancy man who admitted to trafficking methamphetamine and possessing a homemade firearm was sentenced on May 25 to 15 years in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said today.
Matthew Phillip Hamper, 43, pleaded guilty in October 2022 to possession with intent to distribute meth and to possession of an unregistered firearm.
Chief U.S. District Judge Brian M. Morris presided.
In court documents, the government alleged that in 2021, law enforcement learned that Hamper, who was on state supervision, was selling meth in the Helena area and identified him as the supplier in several controlled purchases. Montana probation officers conducted a search of Hamper’s home and an RV parked next to the main house. Inside the RV, officers found nearly four pounds of meth and several firearms, including a homemade single shot “slap gun.” The Bureau of Alcohol, Tobacco, Firearms and Explosives determined that the “slap gun” met the definition of a destructive device and that it was not registered in the National Firearms Regulation and Transfer Record.
Assistant U.S. Attorney Jeffrey K. Starnes prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Missouri River Drug Task Force, Jefferson County Sheriff's Office, the Montana Division of Criminal Investigation and Montana Probation and Parole.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Chinese National Sentenced to 54 Months in Federal Prison for a $1 Million Fraudulent Gift Card SchemeRead the Press Release
Baltimore, Maryland – U.S. District Judge Deborah K. Chasanow sentenced Liang Liang Zeng, age 58, a Chinese national residing in Staten Island, New York, to 54 months in federal prison, followed by three years of supervised release, for wire fraud related to a fraudulent gift card scheme resulting in more than $1 million in losses to dozens of victims. Liang Zeng was also ordered to pay restitution of $145,229 and to forfeit $43,633.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Colonel Roland L. Butler, Jr., Superintendent of the Maryland State Police; and Special Agent in Charge Andrew McKay of the Treasury Inspector General for Tax Administration (“TIGTA”) Washington Field Division.
According to Zeng’s plea agreement, from at least July 2018 through July 2021, Liang Zeng was involved in a scheme to fraudulently obtain gift cards from retail stores, which he and his co-conspirators used to purchase high end electronics, including cell phones, iPads, and laptop computers. For example, a conspirator called victim J.G., a resident of South Carolina, claiming to be a representative of the Internal Revenue Service (“IRS”). The called informed the victim that she owed taxes to the IRS and would be arrested if the outstanding taxes were not paid. The caller advised J.G. that she could resolve the debt by purchasing gift cards from Target and Walmart and providing the caller with the numbers on the back of each card. J.G. remained on the phone with the caller while she traveled to a Target store where she purchased a gift card in the amount of $2,000 and provided the caller with the number and access code on the back of the card. J.G. later learned that she had been defrauded.
As detailed in the plea agreement, transactional records and video footage from Target revealed that less than one hour later, Liang Zeng (“L. Zeng”) and co-defendant Wen Fu Zeng (“W. Zeng”) redeemed the gift card purchased by J.G. at a Target store in Abingdon, Maryland, to purchase Apple products. Transactional records and video footage from other Target stores in the mid-Atlantic region revealed numerous examples of Liang Zeng and Wen Fu Zeng redeeming Target gift cards to purchase high-value Apple products.
Investigation revealed that L. Zeng and W. Zeng were working with co-defendants Yong Chen and Bin Tang. A search warrant was executed at their home in Owings Mills, Maryland on March 3, 2020. Law enforcement recovered four boxes containing new high-end electronics, including dozens of iPad tablets and Apple watches that were purchased with proceeds of the fraud scheme. A notebook that served as a ledger for the gift card scheme was found in Chen’s bedroom and contained the dates that gift cards were fraudulently obtained and how they were redeemed, including the names of the people Chen and Tang paid to use the cards. The purchased electronics were intended to be sold to foreign buyers. The notebook also listed the projected profit for each product purchased. Cell phone belonging to Chen and Tang were seized and subsequently searched, revealing messages on a Chinese messaging platform between Chen, Tang and L. Weng discussing the scheme.
Two weeks after the execution of the search warrant at Chen and Tang’s home, L. Zeng moved out of his home in Maryland to a residence in Staten Island, New York. Investigators recovered a notebook ledger similar to the one found at Chen’s home and Target store receipts from L. Zeng’s trash in Maryland and New York indicating the purchase of electronics and other items using multiple Target gift cards from stores in New Jersey and Pennsylvania.
On July 13, 2021, a search warrant was executed at L. Zeng’s residence. Law enforcement recovered cell phones belonging to L. Zeng, prepaid credit and retail cards, store receipts, brand new Apple products, and over $43,000 in cash, some of which was tied up in Target store bags. A subsequent search of L. Zeng’s phone showed that he used the Chinese messaging platform to discuss the illegal gift card scheme with W. Zang and others. L. Zeng also sent fraudulently obtained gift card numbers to W. Zeng and instructed him to purchase items using the card numbers, which W. Zeng did. W. Zeng then delivered to products to L. Zeng. L. Zeng paid W. Zeng for working as a buyer in the gift card scheme.
According to the plea agreement, dozens of victims in many different states were defrauded and the cards purchased by the victims were primarily redeemed in the mid-Atlantic region to illegally purchase approximately $1,061,000 of Target products.
Co-defendants Wen Fu Zeng, age 55, of Brooklyn, New York and Yong Chen, age 34, of Owings Mills, Maryland have pleaded guilty to their roles in the scheme and are awaiting sentencing. Law enforcement is looking for Bin Tang, age 33, who fled.
United States Attorney Erek L. Barron praised the Maryland State Police and TIGTA for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Martin J. Clarke, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Chicago Bank Robber Sentenced to Nine Years in Federal PrisonRead the Press Release
CHICAGO — A man has been sentenced to nine years in federal prison for robbing a downtown Chicago bank.
REGINALD DEBERRY and a co-defendant, IESHA BATCHELOR, robbed a Fifth Third Bank branch in Chicago’s Loop neighborhood on Nov. 22, 2019. Deberry served as a lookout near the bank's entrance while Batchelor approached the teller, and, drawing on coaching from Deberry about what to say, said, “I want all the money… no one will get hurt.” After receiving cash, Deberry and Batchelor fled from the area and divided the proceeds.
At the time of the robbery, Deberry was serving a term of court-supervised release for two prior federal bank robbery convictions.
Deberry, 60, of Chicago, pleaded guilty earlier this year to one count of bank robbery. U.S. District Judge Sara L. Ellis imposed the sentence Tuesday after a hearing in federal court in Chicago.
Batchelor, 31, of Chicago, also pleaded guilty to a bank robbery charge. She was sentenced in March to a year in prison.
The sentences were announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, Robert W. “Wes” Wheeler, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI, and Fred Waller, Interim Superintendent of the Chicago Police Department.
“The defendant has shown himself to be a recalcitrant outlier who has engaged in a remarkably consistent pattern of violent offenses throughout his adult life,” Assistant U.S. Attorney David Green argued in the government’s sentencing memorandum.
Chatham County man sentenced to prison for torching vehicles in downtown SavannahRead the Press Release
SAVANNAH, GA: A Chatham County man has been sentenced to federal prison after an arson spree that damaged multiple vehicles, a residence, and a business.
Calvin Frank Robbins, 41, of Savannah, was sentenced to 41 months in prison after pleading guilty to Destruction of Motor Vehicles, said Jill E. Steinberg, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge R. Stan Baker also ordered Robbins to pay nominal restitution, and to serve three years of supervised release upon completion of his prison term. There is no parole in the federal system.
“Calvin Frank Robbins potentially endangered dozens of lives, including those of first responders extinguishing multiple raging vehicle fires,” said U.S. Attorney Steinberg. “This sentence will hold him accountable while protecting the community.”
As described in court documents and testimony, Savannah firefighters were called to a vehicle fire on West Harris Street late in the evening on Dec. 1, 2021, and while extinguishing the fire – which also damaged a nearby building – firefighters saw heavy smoke coming from the Savannah Visitor’s Center on Martin Luther King Jr. Boulevard. That fire damaged a tour bus and a van in the parking lot, while another nearby fire on Purse Street damaged the front porch of an under-renovation residence owned by the Coastal Heritage Society. Other vehicles also received minor damage.
Investigators from the Savannah Fire Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives identified Robbins from witness accounts and surveillance videos, and he was carrying a can of gasoline when agents located and arrested him several days later.
“Arson is an extremely violent crime that not only destroys property but also places firefighters, first responders and the general public at great risk,” said Beau Kolodka, Assistant Special Agent in Charge for the ATF Atlanta Field Division. “The ATF, along with the Savannah Fire Department and our other law enforcement partners, are committed to ensuring that our communities are safe and that those who commit these dangerous acts are held accountable.”
The case was investigated by the ATF and the Savannah Fire Department Arson Unit, and prosecuted for the United States by Assistant U.S. Attorney Frank M. Pennington II.
Chalmette Pharmacist Sentenced to 72 Months in Federal PrisonRead the Press Release
NEW ORLEANS, LOUISIANA – KEITH WILKINSON, a pharmacist who owned and operated Wilkinson Family Pharmacy located in St. Bernard Parish, was sentenced on May 24, 2023 to serve 72 months in custody for his role in a conspiracy to distribute controlled substances and money laundering.
According to the bill of information, beginning prior to 2014 and continuing until the filing of the bill of information on September 14, 2018, WILKINSON and others conspired to dispense, outside the scope of his professional practice and not for a legitimate medical purpose, quantities of controlled substances. WILKINSON also committed money laundering using criminally derived proceeds.
At his sentencing on Wednesday May 24, 2023, WILKINSON was sentenced to 72 months of imprisonment, followed by three years of supervised release, and a $200 mandatory special assessment fee.
This prosecution was part of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case was investigated by the Drug Enforcement Administration, the Internal Revenue Service-Criminal Investigation, St. Bernard Parish Sheriff’s Office, Jefferson Parish Sheriff’s Office, U.S. Marshals Service, and the Louisiana State Police. The prosecution was handled by Assistant United States Attorney Kathryn McHugh of the Financial Crimes Unit.
Buffalo Man Involved in Fatal Crash Arrested on Gun ChargeRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Marlon Servance, 22, of Buffalo, NY, was arrested and charged by criminal complaint with possession of a firearm with an obliterated serial number, which carries a maximum penalty of 15 years in prison.
Assistant U.S. Attorney Nicholas T. Cooper, who is handling the case, stated that according to the complaint, on May 23, 2023, Victims 1 and 2 were driving in a vehicle in the vicinity of Jefferson and Best in Buffalo. While Victim 1 was driving, Victim 2 observed Servance driving a dark colored SUV and firing gunshots in her direction. Victim 1’s vehicle subsequently crashed in the vicinity of Main Street and Utica Avenue, while she was fleeing from Servance. As it crashed, Victim 1’s vehicle struck Victim 3, causing her death. Servance fled the scene but was taken into custody by Buffalo Police a short time after at an East Ferry Street apartment. Investigators searched the apartment and recovered a black, semi-automatic Smith and Wesson firearm with an obliterated serial number. During a search of Servance’s vehicle, investigators recovered numerous fired cartridge casings.
Servance made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being held pending a detention hearing on May 30, 2023, at 10:30 a.m.
The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia, the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Biloxi Man Sentenced to over 11 Years in Prison for Conspiracy to Possess with Intent to Distribute FentanylRead the Press Release
Gulfport, Miss. – A Biloxi man was sentenced to 136 months in federal prison for conspiracy to possess with intent to distribute fentanyl, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration.
Antonio Centrea Leger, 25, was sentenced today in U.S. District Court in Gulfport.
According to court documents, in July of 2021, as part of the investigation into the death of an airman at Keesler Air Force Base, a drug trafficking organization was identified as operating in the sale of counterfeit pills containing fentanyl in Harrison County, Mississippi. As a result of this investigation, Antonio Centrea Leger was identified as a participant, having a leadership role in this drug trafficking organization. Multiple controlled purchases of fentanyl and a search warrant of his residence, which yielded 742 fentanyl tablets, led to Leger’s arrest.
Leger was indicted by a federal grand jury on September 7, 2022. He pled guilty on February 15, 2023, to conspiracy to possess with intent to distribute fentanyl.
The case was investigated by the Drug Enforcement Agency.
The case was prosecuted by Assistant U.S. Attorney Erica Rose.
Arrests Made in “Operation Broken Bonds,” an Investigation into Violent Crime, Drug Trafficking, and Gun Trafficking in the Central Valley Committed by Gang Members and AssociatesRead the Press Release
FRESNO, Calif. — Following a multi-agency investigation in Fresno County that focused on crimes of violence, drug sales, and illegal firearms possession, 10 federal defendants were arrested on Thursday for racketeering, drug trafficking, violent crimes, and firearms offenses.
U.S. Attorney Phillip A. Talbert, Fresno County Sheriff John Zanoni, Fresno Police Chief Paco Balderrama, Fresno County District Attorney Lisa Smittcamp, FBI Special Agent in Charge Sean Ragan, California Department of Justice Special Agent in Charge Rachel Capello, California Highway Patrol (MAGEC) Captain Jon Staricka, and DEA Special Agent in Charge Brian Clark made the announcement.
According to the criminal complaint, in July 2021, law enforcement agencies in Fresno County joined together to investigate the ongoing criminal activities committed by gang members for the benefit of the enterprise formed by the coordination of the Nuestra Familia prison gang and the Norteño criminal street gang. The crimes include murder in aid of racketeering, sales of illegal narcotics, illegal sale and distribution of firearms, and witness and victim intimidation.
On May 25, 2023, nearly 550 federal, state, and local law enforcement personnel executed 54 search warrants in Parlier, Reedley, Del Rey, Dinuba, and Clovis. 49 firearms, ammunition, firearm magazines, currency, and controlled substances were seized. More than 25 criminal street gang members and associates were arrested and charged with crimes in either federal or state court.
The federal defendants and their charges are as follows:
Victor Javier Zermeno, 34, of Clovis, is charged with conspiracy to distribute and possess with intent to distribute methamphetamine;
Matthew Pete Mendez, 32, of Reedley, is charged with conspiracy to distribute and possess with intent to distribute methamphetamine, distribution of fentanyl, and being a felon in possession of a firearm;
Miguel Angel Barragan, 27, of Parlier, is charged with conspiracy to commit murder in aid of racketeering and attempted murder in aid of racketeering, possession of a firearm in furtherance of a crime of violence (attempted murder in aid of racketeering), being a felon in possession of a firearm, and attempted bribery;
Joey Noel Magadan, 20, of Cutler, is charged with conspiracy to commit murder in aid of racketeering and attempted murder in aid of racketeering, possession of a firearm in furtherance of a crime of violence (attempted murder in aid of racketeering), interference with commerce by robbery, and using, carrying, or brandishing a firearm during and in relation to a crime of violence and aiding and abetting;
Jonathan Maldonado, 33, of Parlier, is charged with conspiracy to commit murder in aid of racketeering and attempted murder in aid of racketeering, possession of a firearm in furtherance of a crime of violence (attempted murder in aid of racketeering), and being a felon in possession of ammunition;
Ezequiel Maximino Guzman, 18, of Del Rey, is charged with conspiracy to commit murder in aid of racketeering and attempted murder in aid of racketeering, and possession of a firearm in furtherance of a crime of violence (attempted murder in aid of racketeering);
Victor Diaz-Aguilar, 30, of Fresno, is charged with being a felon in possession of ammunition;
Francisco Diaz-Salinas, 40, of Parlier, is charged with being a felon in possession of a firearm;
Eduardo Amezcua, 32, of Reedley, is charged with conspiracy to distribute and possess with intent to distribute cocaine;
Michael Neri, 33, of Reedley, is charged with conspiracy to distribute and possess with intent to distribute cocaine;
Alejandro Hawkins, 24, of Reedley, is charged with distribution of cocaine;
Francisco Ferman, 28, of Delano, is charged with conspiracy to distribute and possess with intent to distribute methamphetamine;
Ivan Hernandez, 25, of Parlier, is charged with interference with commerce by robbery, and using, carrying, or brandishing a firearm during and in relation to a crime of violence and aiding and abetting.
This case is the product of an investigation by the Fresno County Sheriff’s Office, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Multi-Agency Gang Enforcement Consortium (MAGEC), the Fresno County District Attorney’s Office, the California Department of Justice, and the California Department of Corrections and Rehabilitation (CDCR). Assistant U.S. Attorney Antonio Pataca is prosecuting the case.
The maximum potential sentences the defendants face if convicted of the charges range from five years in prison up to life in prison. 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 defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Thursday 25 May 2023
York Woman Sentenced to 18 Months in Prison for Money Laundering SchemeRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Melinda Bixler, age 50, of York, Pennsylvania, was sentenced to 18 months in prison by U.S. District Court Judge Sylvia H. Rambo for engaging in monetary transactions in property derived from unlawful activity.
According to United States Attorney Gerard M. Karam, Bixler operated two businesses—one a for-profit company called Elder Healthcare Solutions; the other a non-profit company called Adult Care Advocates—providing services to elderly clients who resided in the Middle District of Pennsylvania and elsewhere. Both businesses operated from an office location at 4070 W. Market St. in York, PA.
Bixler purchased a home in York, PA for $685,000 using money that she had obtained through various unlawful means. Bixler obtained a mortgage loan for the purchase of her home by submitting multiple false statements to York Traditions Bank. These false statements included a forged letter from the owners of a business property that Bixler had previously purchased stating that she no longer owed money to the prior owners, when in fact she was still making monthly payments on it. Bixler also obtained a false gift letter from a third party wherein that third party stated that he was gifting Bixler $350,000 from his own personal funds when Bixler actually funneled money to that third party through a series of transactions that disguised the true sources of the funds. One source of these funds was $78,000 that Bixler took from the bank account of M.H., a 94-year-old woman residing at a nursing home in Lancaster County, Pennsylvania. Bixler was then the power of attorney for M.H., and she therefore had access to the elderly client’s bank account.
Bixler agreed to pay a total of $147,882 to three former clients from whom she misappropriated funds; victims M.H, G.E. and E.P. Bixler also agreed to forfeit the property at 4070 W. Market St., along with $129,357.01, the balance in a bank account belonging to Adult Care Advocates. Finally, Bixler agreed to resign her positions with both Elder Healthcare Solutions and Adult Care Advocates.
The case was investigated by Internal Revenue Service Criminal Investigation, Federal Bureau of Investigation, York County District Attorney’s Office, York County Area Agency on Aging, and the Pennsylvania Department of Aging, Protective Services Office. Assistant U.S. Attorney Ravi Romel Sharma prosecuted the case.
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Wisconsin Man Indicted for Producing Child PornographyRead the Press Release
MINNEAPOLIS – A Manitowoc, Wisconsin man has been indicted for producing images depicting his sexual abuse of a minor, announced U.S. Attorney Andrew M. Luger.
According to court documents, on or about June 7, 2019, Jason Lee, 27, used and coerced a prepubescent minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct.
Lee was arrested on May 11, 2023, and made an initial appearance in U.S. District Court in the Eastern District of Wisconsin before Magistrate Judge Stephen C. Dries, during which Lee was ordered to be transported to the District of Minnesota. Lee made his initial appearance yesterday before Magistrate Judge Tony N. Leung in U.S. District Court in Minneapolis. Lee was ordered to remain in custody pending further proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case is the result of an investigation conducted by the FBI, Saint Paul Police Department, and Manitowoc, Wisconsin Police Department.
Assistant U.S. Attorney Hillary A. Taylor is prosecuting the case.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Willoughby Hills Man Sentenced for His Part in $7 Million COVID-19 Relief Fraud Scheme FraudRead the Press Release
CLEVELAND – Aydin Kalantarov, 38, of Willoughby Hills, Ohio, was sentenced yesterday to 33 months in prison by U.S. District Judge Pamela A. Barker, after he pleaded guilty to defrauding the Small Business Administration (“SBA”) of approximately $1.2 million in Economic Injury Disaster Loan (“EIDL”) program under Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. Kalantarov was also sentenced to 3 years of supervised release, a $200 special assessment, and agreed to pay up to $1.2 million in restitution.
According to court documents, from May 2020 through October 2020, Kalantarov, along with his two brothers, Zaur Kalantarli and Ali Kalantarli, conspired to defraud the SBA of nearly $7 million in EIDL loans. As part of the scheme the brothers created 70 fictious Ohio corporations with agriculture sounding names, such as “Ohio Almonds and Peanuts” and “Ohio Organic Carrots”.
Once the fictitious corporations were created, the brothers submitted fraudulent EIDL loan applications to the SBA claiming that their business was adversely affected by the pandemic. The SBA funded 47 of the applications for a total of approximately $7 million. Kalantarov personally received $1.2 million in fraud loan proceeds. He used most of his funds to purchase a house in
California.Zaur Kalantarli and Ali Kalantarli remain at large.
The investigation was conducted by the U.S. Treasury Inspector General for Tax Administration (“TIGTA”), the Federal Bureau of Investigation (“FBI”), Cleveland, the IRS Criminal Investigation (“IRS-CI”), the U.S. Department of Agriculture, Office of Inspector General (“USDA-OIG), and the Small Business Administration, Office of Inspector General (“SBAOIG”). This case was prosecuted by Assistant U.S. Attorney Brad J. Beeson.
Whitefish man charged with fraudulent votingRead the Press Release
MISSOULA — A Whitefish man accused of fraudulently voting the ballot of another elector in the 2020 general election appeared for arraignment on criminal charges today, U.S. Attorney Jesse Laslovich said.
Donald Samuel Hill, 52, pleaded not guilty to an indictment charging him with false information in voting and with fraudulent voting. If convicted of the most serious crime, Hill faces a maximum of five years in prison, a $250,000 fine and one year of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Hill was released pending further proceedings.
“Our voting laws are in place to protect the right of every citizen to cast their ballot and to have that ballot counted. We are committed to enforcing those laws to ensure free and fair elections and will seek to hold accountable persons who attempt to violate them,” U.S. Attorney Laslovich said.
The indictment alleges that on Oct. 10, 2020 in Flathead County, Hill knowingly gave false information about his name, address and period of residence in the voting district for the purpose of voting in a general election. The indictment further alleges Hill knowingly and willfully defrauded the residents of Montana of a fair and impartially conducted election and that he allegedly completed and signed the ballot of another elector, identified as Person A, and submitted the ballot to the Flathead County Elections Office.
Indictments are merely accusations and defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Assistant U.S. Attorneys John M. Newman and Timothy J. Racicot are prosecuting the case. The FBI conducted the investigation.
PACER case reference. 23-21.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl
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United States Reaches Settlement with Columbia St. Mary’s Hospital Regarding Allegations of ADA ViolationsRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on May 22, 2023, the United States had settled a claim that Columbia St. Mary’s Hospital Milwaukee Inc. (“CSM”) failed to provide sign language interpretative services to a patient who is deaf, in violation of the Americans with Disabilities Act (“ADA”). CSM, located on North Lake Drive, Milwaukee, Wisconsin, is a short-term acute care facility with approximately 400 staffed beds.
Title III of the ADA requires public accommodations to take those steps necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently because of the absence of appropriate auxiliary aids or services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the services being offered or result in an undue burden. A public accommodation must also furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities and with companions of patients who are individuals with disabilities.
As set forth in the Agreement, the Government’s investigation determined the following:
- In 2017, CG developed a serious medical condition requiring her to undergo surgery at CSM on December 18, 2017. CG was initially hospitalized at CSM from December 18 to December 21, 2017, for the surgery and initial recovery period. On December 29, 2017, CG was re-admitted to CSM after experiencing complications from the surgery, including an infection of her surgical site. During her first hospital admission, CSM furnished CG with a qualified ALS interpreter for her pre-operative consultation. However, following the surgery, CG did not receive the services of a qualified ALS interpreter during several subsequent, important interactions with medical staff, including critical phases of her recovery period and staff assessments of her neurological status, in part because CSM staff did not adequately consult with CG about her desire for these services. In addition, no interpreter was provided during her discharge consultation.
- Rather than providing a qualified interpreter or other appropriate auxiliary aids or services, CSM staff relied on CG’s mother, or other auxiliary aids or services that did not provide effective communication, to attempt to facilitate communication with CG about post-operative medical information. As a result, CG did not fully understand the nature of the care and medical decisions being considered for her.
- On December 29, 2017, CG was re-admitted to CSM after experiencing complications from the surgery, including an infection of her surgical site. She was treated successfully and discharged on January 1, 2018. During her second hospital admission, CSM again failed to provide a qualified interpreter or other appropriate auxiliary aids or services, for any part of the entire stay. Instead, hospital staff once again impermissibly relied upon CG’s mother or other ineffective means including lip reading and written notes, to facilitate communication with CG. As a result, CG again did not fully understand the nature of the care and medical decisions being considered for her.
Based on these findings, the United States determined that CSM denied CG appropriate auxiliary aids and services necessary for effective communication during significant facets of her treatment at CSM in December 2017 and January 2018.
Under the settlement agreement, CSM will pay $35,000 to the patient. In addition, CSM has reviewed and revised, as appropriate, its existing policies. CSM has conducted and will conduct additional training on the ADA, and CSM has agreed to report any future complaints of possible ADA violations to federal authorities.
This matter was handled by Assistant United States Attorney Chris Larsen. For more information on the ADA, visit www.ada.gov/aids. Those interested in finding out more about the obligations of healthcare providers under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 833-610-1264 (TTY), or access its ADA website at www.ada.gov. ADA complaints may be filed with the Department of Justice at File a Complaint | ADA.gov.
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United States Attorney’s Office Announces Leadership PositionsRead the Press Release
Fargo – United States Attorney Mac Schneider today announced that several criminal prosecutors and a civil litigator have been named to leadership positions in the United States Attorney’s Office for the District of North Dakota.
The office’s management team will continue to be led by Jennifer Puhl, First Assistant United States Attorney (FAUSA). Puhl, a career prosecutor who joined the office in 2002, was United States Attorney from June through mid-December of 2022 and previously served as Criminal Chief. She was named FAUSA on December 13, 2023. Dave Hagler, an Assistant United States Attorney who has been with the office since 1999, is the office’s Criminal Division Chief. Kent Rockstad, a civil litigator who has represented the United States in bankruptcy proceedings and other commercial litigation since 2002, will continue to serve as Civil Division Chief. The office’s Criminal Supervisor is Brett Shasky, who joined the office in 2003. Shasky also leads the office’s OCDEFT efforts.
Additional leadership positions include:
Chris Myers – Special Counsel to the United States Attorney for Law Enforcement: Since joining the office in 2002, Myers has served as both FAUSA and United States Attorney. Myers was previously a Chief Assistant Clay County Attorney and an Assistant Cass County State’s Attorney. He was also a Special Agent with the North Dakota Bureau of Criminal Investigation before becoming a prosecutor.
Gary Delorme – Senior Litigation Counsel: Delorme joined the office in August 2008 after serving as a prosecutor in Cass County and Stutsman County. He was a Judge Advocate with the North Dakota Army National Guard before retiring with over 20 years of military experience. He also serves as the office’s Tribal Liaison.
Megan Healy – Appellate Chief: In addition to her role as Appellate Chief, Healy prosecutes federal civil rights and tax cases. A native of Rugby, North Dakota, she previously practiced law in Washington, DC, and served as a law clerk for the United States Court of Appeals for the Eighth Circuit. Healy joined the office in 2012.
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United States Attorney for the Eastern District of Pennsylvania Announces Participation in National Money Mule Initiative; Obtains Three Civil Injunctions Against Alleged Money Mules Involved in Lottery ScamsRead the Press Release
PHILADELPHIA, PA - United States Attorney Jacqueline C. Romero announced her office’s participation in the Department of Justice’s Annual Money Mule Initiative, a national effort to combat money mule fraud schemes.
Money mules are individuals who are recruited by national and international fraud schemes to help with the laundering of fraud proceeds, or to transport goods purchased with fraud proceeds. These individuals are usually recruited online, through dating websites, job recruiting advertisements, or other types of internet solicitations. The money mules are then asked to help move money and goods from the victims to the fraudsters, who are oftentimes located overseas.
Sometimes the money mules are themselves innocent victims who do not realize that they are assisting with criminal activity. Other times, however, the money mules come to realize that what they are doing is wrong and/or illegal. When this happens, the money mules become knowing participants in the fraud schemes they are assisting and are subject to prosecution.
“Identifying and disrupting the work of money mules is critically important, as money mules are integral components of many organized criminal groups, including international fraud rings,” said U.S. Attorney Romero. “We are committed to working with our local, state, and federal law enforcement partners to disrupt money mule networks in an effort to cut off the flow of funds from victims of fraud schemes – often elderly and vulnerable Americans – to transnational criminal organizations.”
“I am pleased to announce today that the United States Postal Inspection Service and the United States Attorney’s Office are taking steps to stem the flow of victim money leaving the United States through the hands of money mules,” said Christopher Nielsen, Inspector in Charge of the Philadelphia Division of the Postal Inspection Service. “For many years, we as Postal Inspectors have developed various initiatives to combat the flow of illegal proceeds being sent through the mail to foreign countries. Taking steps to not only educate our customers, but to bring law enforcement action against perpetrators, will stem the flow of financial loss. These efforts aside, the most effective way to reduce fraud victimization of American citizens is for friends and family to simply look out for one another. If you become aware that someone close to you sends Postal Money Orders, cash, or gift cards through the mail, or through other shipping services, to foreign countries, take a moment to talk to that person about these activities and notify the Postal Inspection Service if you suspect fraud. You might help save them from significant financial loss.”
In the last week, the U.S. Attorney’s Office for the Eastern District of Pennsylvania filed three separate civil complaints and civil injunctions against alleged money mules accused of participating in lottery fraud schemes based in Jamaica and Nigeria. Architects of lottery schemes contact potential victims, falsely claim that those victims have won the lottery, and thereby induce the victims to send money to account for taxes and fees purportedly associated with victims’ falsely promised lottery winnings.
In these schemes, money mules play a critical role by receiving victim payments by mail and wire transfer, depositing the payments into their bank accounts, and allowing access to those accounts by individuals in Jamaica engaged in the scheme. The defendants are alleged to have received victim payments by mail or common carrier, deposited the payments into their bank accounts, and then transferred the funds by wire transfer to individuals engaged in the schemes in Jamaica and Nigeria.
Each defendant has agreed to a stipulated consent decree and order of permanent injunction. The stipulated order bans the alleged money mules from directly or indirectly, assisting, facilitating, or participating in any lottery scheme, prize promotion fraud, or any money transmitting business.
The complaints and civil injunction actions (civil action numbers 23-cv-1844, 23-cv-1885, and 23‑cv-1886) were filed in the United States District Court for the Eastern District of Pennsylvania. These cases are being handled by Assistant United States Attorney David A. Degnan. The investigations were conducted by the United States Postal Inspection Service.
Members of the public are reminded to be careful of individuals they meet online. If those individuals ask you to receive or transfer funds or goods, purchase gift cards, or engage in any type of suspicious activity, please report this activity to law enforcement.
To find public education materials, as well as information about how fraudsters use and recruit money mules, please visit www.justice.gov/civil/consumer-protection-branch/money-mule-initiative.
Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).
U.S. Attorney Mark Totten, Law Enforcement Partners Announce Safe Summer 2023 Initiative to Address the Rise in Gun ViolenceRead the Press Release
Offenders Caught with Crime Guns Face Federal Prosecution
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that his office, along with law enforcement partners, is launching Safe Summer 2023. This new initiative addresses the rise in gun violence that so often accompanies the warmer summer months. Under this program, the U.S. Attorney’s Office will federally prosecute all offenders who illegally possess crime guns – namely, firearms linked to prior shooting crimes through ballistic evidence.
"Gun violence is an epidemic across America and here in Michigan that inflicts immense trauma on communities,” said U.S. Attorney Mark Totten. “This program directs the most serious consequences to the most dangerous offenders. While we’ll never prosecute our way out of this epidemic – and wrap-around prevention programs are important – we must hold violent offenders accountable for their callous actions. I am grateful to our law enforcement and community partners for their support and commitment to making our neighborhoods safer for everyone.”
WATCH: Video message from U.S. Attorney Totten announcing Safe Summer 2023
U.S. Attorney Totten will be joined by local, state, federal, and tribal law enforcement and community partners to announce the program today in a series of four press conferences across the District, with stops in Benton Harbor, Kalamazoo, Lansing, and Grand Rapids. Safe Summer 2023 kicks off today and runs through the end of September, focused on cities in the Western District of Michigan that have the highest rates of gun violence, including Benton Harbor, Benton Township, Kalamazoo, Battle Creek, Lansing, Grand Rapids, Kentwood, Wyoming, Muskegon, Muskegon Heights, and their surrounding communities.
“The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) remains steadfast in its commitment to identify and prosecute prolific shooters who commit gun violence with illegal firearms in our community,” said ATF Detroit Special Agent in Charge James Deir. “ATF’s long-standing collaborative partnerships with the U.S. Attorney’s Office, federal, state, and local law enforcement, in conjunction with ATF’s unique Crime Gun Intelligence and NIBIN capabilities, are definitive components towards making the community a safer place for everyone to live.”
“Combatting crime in the most violent areas of our state is only successful if law enforcement and community partners work together,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “The FBI contributes to the enforcement effort by strategically identifying the most violent criminals – those who commit armed robberies of businesses and who lead gangs or criminal enterprises – and to the outreach effort by engaging with schools, youth groups, and community organizations. By doing so, we are working collaboratively to ensure our neighborhoods are safer places for everyone to live and work.”
“The Benton Harbor Department of Public Safety (BHDPS) works hard to protect our residents from violent crime,” said BHDPS Director Daniel McGinnis. “The Safe Summer 2023 initiative will be another key tool as we work to take illegal guns off our streets and hold offenders accountable. We appreciate the law enforcement partnerships that will help provide safer neighborhoods within our community.”
“The Michigan State Police (MSP) is pleased to continue our partnership with local law enforcement and the U.S. Attorney’s Office for the Western District of Michigan to reduce gun violence in the Benton Harbor region, “said Capt. Michael Brown, commander of the MSP’s Fifth District. “We have committed seven full-time department members for crime prevention efforts, solving violent crimes, and community engagement initiatives.”
“As a county representative for Benton Township and co-chair of ALPACT (Allies and Leaders for Police and Community Trust), I know that we need a two-track approach: prevention and prosecution,” said Berrien County Commissioner Chokwe Pitchford. “Our community violence prevention initiatives are important to keep individuals out of jail, and I am grateful that U.S. Attorney Mark Totten is committed to prosecuting those responsible for crimes linked to dangerous weapons. We need a holistic approach to keeping our community safe and this is one step of many that is needed.”
“Every child deserves a safe community to play and just be a kid. Everyone shares in this responsibility,” said Muskegon Director of Public Safety Timothy Kozal. “The Muskegon Police Department is committed to partnering with our local, state, and federal law enforcement partners to not only advocate for our community, moreover, work tirelessly to prosecute those that choose to conspire to commit crimes with guns.”
“Reducing gun violence is a top priority for the City of Kalamazoo,” said Chief David Boysen, Kalamazoo Department of Public Safety. “The level of gun violence that we have experienced so far this year is unacceptable. We know that a small number of people drive majority of the gun violence. Safe Summer 2023 will send a clear message to them that if you choose to be a shooter in our community, we will be working closely with our federal law enforcement partners to make sure you are held accountable. I would like to thank the U.S. Attorney's Office for the Western District of Michigan for making this initiative possible. We are excited to work with our federal partners to keep Kalamazoo safe.”
“The Kalamazoo County Sheriff’s Office is a proud partner of this initiative. The Safe Summer 2023 initiative comes at a critical moment in our fight against all violence,” said Kalamazoo County Sheriff Richard Fuller. “With the U.S Attorney’s commitment to prosecute those found with a weapon that has already been used in a crime, we now have a tool that will make a significant difference in removing offenders and firearms from our neighborhoods.”
“The Lansing Police Department (LPD) is eager to partner with the U.S. Attorney's Office for the Safe Summer 2023 initiative,” said LPD Chief Ellery Sosebee. “Partnerships and collaborations such as this, make a difference in the gun violence crisis so many communities are facing.”
“I applaud U.S. Attorney Totten and his staff for partnering with us here in Ingham County to hold people accountable who use violence – specifically gun violence – to settle their differences,” said Sheriff Scott Wriggelsworth, Ingham County Sheriff’s Office. “We should all hope the initiative is a success, gauged not by an increased number of indictments, but rather a noticeable reduction in the number of shootings.”
“We’ve seen the devastation the escalation of gun violence can do to individuals, families, and our community,” said Chief Eric Winstrom, Grand Rapids Police Department. “We welcome this effort to bring the potential of federal charges to the table when possible. I appreciate U.S. Attorney Totten’s leadership in this initiative and his office’s support of law enforcement as we work to hold perpetrators of gun violence accountable.”
“This is a clear message to the few people in our communities who would use a firearm to hurt another person,” said F/Lt. Matt Williams, Commander of the MSP Grand Rapids Post. “Any gun violence will result in dire consequences.”
Gun violence is an acute problem across the United States. According to the Centers for Disease Control and Prevention, the U.S. firearm homicide rate in 2021 was the highest documented since 1993. While the numbers have slightly declined since 2021, they remain high.
In 2021, for the first time ever, firearm-related injuries became the leading cause of death for American children, ages 1-19, according to the New England Journal of Medicine (see also here).
While gun violence has the potential to impact everyone, recent studies show that gun violence has a disparate impact on people of color. For example, a recent study reported in the Journal of the American Medical Association, shows that the disparity in shooting injuries among children before and after the pandemic in four major cities approximately tripled as between white children and children of color (Black, Hispanic, Asian).###
U.S. Attorney Kavanaugh Pledges to Prosecute All Prohibited Possessors of Firearms Linked to NIBIN DatabaseRead the Press Release
ROANOKE, Va. – United States Attorney Christopher R. Kavanaugh announced today an initiative to prosecute all prohibited persons who possess a firearm that has been previously used in a crime and logged in the federal National Integrated Ballistic Information Network (NIBIN) database.
NIBIN, maintained by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, is the only national network that allows for the capture and comparison of ballistic evidence from crime scenes across the country. Law enforcement officials then use the potential matches or “leads” that NIBIN generates to identify links between shootings and other firearms-related cases in different jurisdictions.
In today’s announcement, U.S. Attorney Kavanaugh pledged to prosecute all prohibited persons, including individuals convicted of domestic violence or a felony, who possess a firearm that – after being run through the NIBIN database – comes back as having been associated with another crime, either in the Western District of Virginia or elsewhere.
“Today’s commitment to prosecute individuals possessing firearms used in previous crimes is the third component in my Office’s violent crime reduction strategy,” United States Attorney Kavanaugh said today. “This multi-prong approach – when joined with community engagement and prevention – provides genuine opportunities for solving violent crimes in our communities, as well as preventing them in the first place.”
In 2022, U.S. Attorney Kavanaugh announced the first component of his violent crime reduction strategy when he pledged that the United States Attorney’s Office would prosecute any case referred to his office where a firearm was discharged in connection to a federal offense.
Earlier this year, his Office enacted the second component of their strategy: prioritizing the prosecution of individuals involved in the trafficking and straw-purchasing of firearms.
Since the implementation of this violent crime reduction strategy, federal prosecutions of violent crimes in the Western District of Virginia are projecting a 63% increase over last year, while prosecutions for firearms offenses are projecting an increase of 193%.
Two Indicted for Armed Robberies of Postal WorkersRead the Press Release
BOSTON – Two Massachusetts individuals were indicted today by a federal grand jury in Boston for the armed robberies of United States Postal Service (USPS) letter carriers that took place on Nov. 29, 2022 in Mattapan, Mass. and Dec. 16, 2022 in Hyde Park, Mass.
Myesha Lewis, 22, of Boston, and Kenneth Demosthene, 22, of Stoughton were indicted on two counts each of robbery of any person having lawful charge, control, or custody of any mail matter or of any money or other property of the United States, aiding and abetting and two counts each of assaulting, resisting, or impeding certain officers or employees, aiding and abetting. The defendants were previously arrested and charged by criminal complaint on May 10, 2023. They will appear in federal court in Boston at a later date.
According to the charging documents, USPS has seen a rise in the use of arrow keys to facilitate the theft of U.S. Mail. An arrow key is a specific key designed to open designated blue USPS collection boxes in a specific area. These arrow keys are the property of USPS and it is a federal offense for an unauthorized person to possess one. Since July 2022, there have been at least 13 assaults on USPS letter carriers while in the performance of their official duties in Boston and surrounding cities and towns. These incidents included the attempted or successful robbery of USPS arrow keys from letter carriers in at least 10 instances. Additionally, of these 10, six of the robberies were instances where the perpetrators were reportedly armed with a knife, firearm, or both.
On Nov. 29, 2022, in Mattapan, it is alleged that Demosthene and Lewis followed and then forcibly robbed a USPS letter carrier of an arrow key. Demosthene allegedly approached the letter carrier and said, “I’m going to need your master key,” before reaching into the letter carrier’s mail satchel and grabbing the arrow key. The key was secured around the letter carrier’s belt with a brass chain. It is alleged that the force used to physically break the brass chain caused the letter carrier to be pulled off the front steps. Demosthene and Lewis allegedly fled the scene in a rental vehicle.
It is further alleged that, on Dec. 16, 2022 in Hyde Park, Demosthene and Lewis robbed another USPS letter carrier of an arrow key at knife point. Demosthene allegedly approached the USPS letter carrier and said, “Give me your f****** arrow key.” It is alleged that the letter carrier put their hands in the air as the defendants attempted to remove the arrow key, at first by force pulling at the chain. Demosthene and Lewis then allegedly attempted to cut it with the knife, eventually breaking it loose, and fled the scene on foot.
The charges of robbery of any person having lawful charge, control, or custody of any mail matter or of any money or other property of the United States each provide for a sentence of up to 25 years in prison, at least three years of supervised release and a fine of up to $250,000. The charges of assaulting, resisting, or impeding certain officers or employees each provide for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Ketty Larco-Ward, Inspector in Charge of the United States Postal Inspection Service’s Boston Field Office made the announcement today. Valuable assistance was provided by the U.S. Postal Service, Office of the Inspector General. Assistant U.S. Attorney Luke A. Goldworm of Levy’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Twenty Charged in Federal and State Court for Drug ConspiracyRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced that Devon Reed of New Castle, DE, Dawann Reed of Clayton, DE, Gregory Carter of Wilmington, DE, Jaywann Saunders of New Castle, DE, Quincy Clark of New Castle, DE, Eduardo Felix of San Diego, CA, Monyae Fields-Brown of New Castle, DE, Arthur Deramus of New Castle, DE, Janet Cooper of New Castle, DE, Alturo Smith of Wilmington, DE, Airial Boyd of Wilmington, DE, and Ainger Gardner of Wilmington, DE, have been charged by a federal grand jury sitting in Wilmington with conspiracy to traffic and manufacture cocaine, methamphetamine, counterfeit fentanyl pills, and marijuana in the Wilmington, Delaware metropolitan area.
Also, as a part of Operation Cripgate, a state grand jury sitting in Wilmington charged Dale Reed of New Castle, DE, Michael Sullivan-Wilson of Wilmington, DE, Braheim Reed of New Castle, DE, Marcus Waller of New Castle, DE, Derwin Evans of New Castle, DE, and Jahnair Murphy of New Castle, DE with drug and gang violations. Finally, a federal grand jury in the District of New Jersey charged George Joyce, Jr. of Haddonfield, NJ with drug and firearm violations.
Through a multi-state, multi-agency investigation involving the FBI, the New Castle County Police (“NCCPD”), and the Delaware State Police (“DSP”), the investigation identified a drug trafficking organization (“DTO”), headed by Devon Reed and Dawann Reed, that supplied cocaine, methamphetamine, counterfeit fentanyl pills, and marijuana to the District of Delaware. More specifically, the investigation centered on the Rosegate Community, which is located just off Route 9, north of I-295 and south of I-495, and is comprised of 200 rowhomes on a total of four streets in a secluded, compact neighborhood. Throughout the years, the Rosegate Community has been gripped by drugs, gun violence, and homicides, which has drastically impacted its citizens’ quality of life.
The DTO openly operated their drug business. The DTO stored drugs in elderly community members’ homes and vehicles and paid them to store, package, and sell drugs. The DTO also used an abandoned day care facility to manufacture and package counterfeit methamphetamine and fentanyl pills for resale. In fact, during a search warrant at the day care facility, law enforcement located two large pill presses, which weighed approximately 100 pounds each.
At the conclusion of the investigation and during search warrants, law enforcement seized approximately:
• 3.5 kilograms of counterfeit methamphetamine and fentanyl pills;
• 1.7 kilograms of cocaine;
• 11 handguns;
• 2 assault rifles;
• 2 large pill presses;
• 7.5 pounds of marijuana;
• a quarter pound of methamphetamine; and
• $78,000.00 United States Currency.
In announcing the Indictment, U.S. Attorney Weiss said, “The defendants openly and brazenly trafficked large quantities of drugs in our community. These defendants also abused the trust of elderly Rosegate community members and flagrantly manufactured counterfeit pills in an abandoned day care. We will pursue these charges to the fullest extent of the law, and we will continue the investigation into those who traffic illegal drugs here in Delaware.”
"This case demonstrates why partnerships to combat drug trafficking organizations are so important for our communities,” said Special Agent in Charge Thomas J. Sobocinski of the FBI Baltimore Field Office. "Exploiting vulnerable community members such as the elderly and the young is unconscionable and unacceptable. We intend to use every available resource to combat this terrible problem," said Special Agent in Charge Sobocinski.
All of the defendants are charged with conspiracy to distribute narcotics and some are charged with federal firearm charges. If convicted, they face a maximum penalty of 20 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 considering the U.S. Sentencing Guidelines and other statutory factors.
In announcing the charges, U.S. Attorney Weiss, and Special Agent in Charge Sobocinski, commended the work of those who investigated the case, including FBI's Delaware Violent Crime and Safe Streets Taskforce, NCCPD, and Delaware State Police. They also expressed appreciation for assistance provided by the New Castle City Police Department and the ATF. Assistant U.S. Attorneys Kevin P. Pierce and Eli H. Klein are assigned to prosecute the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 1:23-cr-31-MN.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Toulon Man Sentenced to 35 Years in Prison for Production, Distribution and Possession of Child PornographyRead the Press Release
PEORIA, Ill. – Jason R. Musselman, 35, of the 7400 block of Modena Road, in Toulon, Illinois, was sentenced on May 24, 2023, to 300 months in the Bureau of Prisons for producing child pornography, to be served consecutive to a 120-month prison sentence for distributing and possessing child pornography. In total, Musselman was sentenced to 35 years imprisonment, to be followed by a lifetime term of supervised release. He must also register as a sex offender once he is released. Musselman was also ordered to pay more than $60,000 in restitution to his victims. Four additional counts of production of child pornography were dismissed pursuant to Musselman’s guilty plea.
At the sentencing hearing before U.S. District Judge James E. Shadid, the government presented evidence that agents with the Illinois State Police and Homeland Security Investigations executed a search warrant on Musselman, his residence, and his electronic devices on January 19, 2022 as part of an ongoing child pornography investigation. The government presented evidence that Musselman had produced numerous images of child pornography in his residence between approximately 2010 and 2013 by secretly recording videos of minors using a tanning bed in his home and then using the videos to create images that displayed the minors’ genitals in a lascivious manner. Musselman also distributed other images of child pornography on December 21, 2021, via the “Kik” internet messaging platform, including images of the sexual exploitation of prepubescent children. In total, Musselman possessed more than 600 images of child pornography.
Some of Musselman’s victims provided victim impact statements at the sentencing hearing. Judge Shadid praised their courage for appearing in court to present statements in Musselman’s presence and noted that Musselman’s crimes affected not only his victims, but also their families and communities.
Musselman was originally charged in Stark County, Illinois in January 2022 with nine separate counts relating to child pornography. The Stark County case was dismissed after Musselman was charged in federal court by a criminal complaint in March 2022. He entered into a plea agreement in November 2022.
The statutory penalties for sexual exploitation of a child (production of child pornography) are 15 to 30 years imprisonment. The penalties for distribution of child pornography are 5 to 20 years imprisonment, and possession of child pornography carries a sentence of not more than 10 years imprisonment. Each of the charges carries a supervised release term of at least 5 years following release from incarceration and a possible fine of up to $250,000.
The Department of Homeland Security, Homeland Security Investigations, Immigration and Customs Enforcement, and the Illinois State Police conducted the investigation with the assistance of the Washington Police Department and Stark County Sheriff’s Office. Assistant U.S. Attorney Sarah Holst Schryer represented the government in the prosecution.
The case against Musselman was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. Led by U.S. 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.
Three Luzerne County Family Members Indicted on Drug Trafficking ChargesRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Anthony Disabella, age 34, James Disabella, Jr. age 59, and James Disabella, III, age 35, all of Hazleton, Pennsylvania, were indicted on May 23, 2023, by a federal grand jury on drug trafficking charges.
According to United States Attorney Gerard M. Karam, the indictment alleges that between August 2022 and December 2022, the Disabellas conspired to distributed over 50 grams of pure methamphetamine. The indictment also alleges that between July 2022 and December 2022, the Disabellas distributed quantities of pure methamphetamine on several occasions.
The case was investigated by the Federal Bureau of Investigation (FBI) and the Pennsylvania State Police. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The maximum penalty under federal law for this offense is lifetime imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Three Additional Individuals Charged with Conspiracy to Steal Government Property from Anniston Army DepotRead the Press Release
BIRMINGHAM, Ala. – Three additional individuals have been charged with conspiracy to steal United States property from Anniston Army Depot (ANAD) in an ongoing investigation, announced U.S. Attorney Prim F. Escalona, Department of Defense Office of Inspector General Defense Criminal Investigative Service, Southeast Field Office, Special Agent in Charge Darrin Jones, Defense Logistics Agency Office of the Inspector General Deputy Inspector General Jerold Unruh, and United States Army Criminal Investigation Division Special Agent in Charge D. Todd Outlaw.
In charging documents filed in United States District Court, Kelvin Battle, 53, of Anniston, Steve Bonner, 62, of Goodwater, and Shane Farthing, 41, of Gadsden are each charged with one count of conspiracy to steal United States property. Battle and Bonner are also each charged with an additional count related to specific instances of stealing or selling property stolen from ANAD. Six other individuals have pleaded guilty or agreed to plead guilty to offenses related to the theft of property from ANAD.
According to the charging documents, Battle and Farthing, who were police officers at ANAD, and other civilian employees of the Directorate of Emergency Services stole military property from warehouses at ANAD. Bonner acted as a middleman, selling stolen property directly to buyers and delivering stolen property to the owner of a military surplus store in Sylacauga. The stolen items included equipment that was designed to be attached to military weapon systems to provide operators with instant nighttime engagement capabilities and/or improved target acquisition.
Battle has also been charged with two counts of wire fraud in connection with false statements made to obtain emergency loans and a loan guarantee from the Small Business Administration under programs designed to provide support to small businesses during the Covid-19 pandemic.
According to a plea agreement, also filed today, Farthing has agreed to plead guilty to a conspiracy to steal United States property. The plea agreement states that Farthing agreed to pay restitution to the United States and forfeit the money he made from the conspiracy.
The maximum penalty for conspiracy is five years in prison and a $250,000 fine. The maximum penalty for theft of government property is ten years in prison and a $250,000 fine. The maximum penalty for wire fraud is twenty years in prison and a $250,000 fine.
The Defense Criminal Investigative Service and Defense Logistics Agency Office of Inspector General are investigating the cases. Assistant United States Attorneys George Martin and Ryan Rummage are prosecuting the cases.
An indictment or information contains only charges. A defendant is presumed innocent unless and until proven guilty.
St. Charles County Man Accused of Being Unlicensed Firearm DealerRead the Press Release
ST. LOUIS – A man from St. Charles County, Missouri has been indicted and accused of selling firearms without a license.
Harry Trueblood, 68, was indicted by a grand jury in U.S. District Court in St. Louis May 10. He pleaded not guilty to the unlicensed dealer charge on May 12.
The indictment alleges that Trueblood was an unlicensed firearms dealer from Jan. 1, 2021 through May 10, 2023
A court affidavit says that after learning that an AR-15-style pistol recovered in a criminal investigation had originally been purchased by Trueblood, an agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives was able to document that 15 firearms originally purchased by Trueblood had been recovered in criminal investigations. Between January 4, 2021 and March 31, 2022, Trueblood bought at least seventy firearms, the affidavit says. On many occasions, Trueblood purchased the same make model and caliber of firearm, including 15 of the same 9mm pistols.
Agents repeatedly saw Trueblood selling firearms at gun shows, where background checks are not required for sales from private sellers. Trueblood sold a firearm to a convicted felon working with the ATF at one show, even after the felon told Trueblood that he’d done time in prison, the affidavit says. Trueblood mentioned that police had called him about two guns used in crimes, and offered armor-piercing ammunition to shoppers, it says.
Trueblood continued to sell firearms at gun shows after receiving a cease-and-desist letter from the ATF warning that the ATF believed he was illegally dealing in firearms without a license and an application so that he could become licensed, the affidavit says.
The charge is punishable by up to five years in prison, a $250,000 fine or both.
Charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Assistant U.S. Attorney Jennifer Szczucinski is prosecuting the case.
SoCal Man Allegedly Impersonated Federal Agent and Used that Persona to Bilk Latino Immigrants Seeking Status to Remain in U.S.Read the Press Release
SANTA ANA, California – A federal grand jury has indicted a San Diego man for allegedly impersonating a federal agent and using that fake position to defraud more than 25 Orange County victims who sought immigration assistance, including “green cards” and United States citizenship, the Justice Department announced today.
Davyd George Brand Jimenez, 52, of San Ysidro, was named in a 25-count indictment returned by a federal grand jury Wednesday afternoon. Brand Jimenez is currently being sought by federal authorities.
The indictment charges Brand Jimenez with 10 counts of false impersonation of a federal officer or employee, three counts of mail fraud, two counts of wire fraud, seven counts of fraudulent possession and use of U.S. government seals, three counts of aggravated identity theft, and one count of misusing a United States passport.
According to the indictment, Brand Jimenez pretended to be a special agent with U.S. Immigration and Customs Enforcement (ICE) and used that false title to scam victims. Brand Jimenez has never been employed by ICE.
Brand Jimenez primarily targeted undocumented members of the Latino community, telling victims he could help them obtain work permits, legal United States residency, and U.S. citizenship, according to the indictment. Brand Jimenez falsely claimed to be an ICE agent, including by showing a fake ICE badge. Under that assumed persona, he promised that he could help his victims – most of whom were illegally present in the United States – to obtain legal residency (also known as a “green card”), work permits, or U.S. citizenship.
According to the indictment, from April 2019 to November 2020, Brand Jimenez charged each victim between $10,000 and $20,000. In addition to falsely claiming to be an ICE federal agent or a federal “Homeland Security” official, Brand Jimenez allegedly sometimes told victims that he was a “G-18” federal official, which is a non-existent position.
Brand Jimenez failed to file immigration paperwork for his victims, and he never obtained any immigration benefits for them, according to the indictment. Because he was not providing any immigration benefits for his victims, Brand Jimenez allegedly fabricated immigration documents with the victims’ names that fraudulently displaying the emblem of the United States Department of Homeland Security. Brand Jimenez also allegedly fabricated a stay of deportation order and provided it to one of his victims as alleged proof that the victim would not be deported, which was not true.
In another instance, Brand Jimenez allegedly provided a victim with a valid Social Security card, a U.S. passport card, and a California Identification Card, and he directed that victim to use those documents under the name of a different person as proof of authorization to reside and work in the United States.
Brand Jimenez is considered to be a fugitive after failing to appear for a sentencing hearing after pleading guilty in an unrelated narcotics case in San Diego federal court.
An indictment is merely an accusation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
If convicted of all charges, Brand Jimenez would face a statutory maximum penalty of 20 years in prison for each mail fraud and wire fraud count, 10 years in federal prison for each count of misusing of a passport, five years in federal prison for each count of wrongful use of a government seal, three years in federal prison for each count of impersonating a federal officer, and a mandatory two-year prison sentence for each aggravated identity theft count.
The FBI Orange County Resident Office investigated the case and received assistance from the Santa Ana Police Department. Anyone with information regarding Jimenez’s current whereabouts should take no action themselves but should immediately call the FBI’s toll-free tipline at 1-800-CALL-FBI (1-800-225-5324) or https://tips.fbi.gov/ or contact the U.S. Marshals Service at 1-877-WANTED-2.
Assistant United States Attorney Charles E. Pell of the Santa Ana Branch Office is prosecuting this case.
Small Business Administration Employee Sentenced in Covid Relief FraudRead the Press Release
OXFORD – A Marshall County man and employee of the Small Business Administration (“SBA”) was sentenced yesterday to 62 months in prison for his role in a scheme to defraud the SBA of more than $11 million.
According to court documents, Lakeith M. Faulkner, 31, of Holly Springs, was an employee of the SBA and used his position to assist borrowers in submitting over $11 Million worth of fraudulent loan applications for Economic Injury Disaster Loans (“EIDL”), which were intended to help small businesses recover from the economic impacts of the COVID-19 pandemic. In return for his assistance in submitting the fraudulent loan applications, those borrowers paid Faulkner and his co-defendant, Norman Beckwood, $2.3 Million.
On December 7, 2022, Faulkner entered a plea of guilty to one count of conspiracy to commit wire fraud. On May 24, 2023, Chief U.S. District Judge Debra M. Brown sentenced Faulkner to serve 62 months in prison followed by 5 years of supervised release. In addition to prison time, Faulkner was ordered to pay $10,620,452.26 in restitution to the SBA.
On January 17, 2023, Norman Beckwood, Faulkner’s co-defendant, entered a plea of guilty to one count of conspiracy to commit wire fraud. Beckwood is scheduled to be sentenced on August 15, 2023.
Assistant U.S. Attorney Clayton A. Dabbs and Parker King of the Northern District of Mississippi are prosecuting the case.
The case is being investigated by the Federal Bureau of Investigation, the U.S. Small Business Administration Office of Inspector General, and the U.S. Treasury Inspector General for Tax Administration.
Sioux City, Iowa Man Found Guilty of Being a Prohibited Person in Possession of a FirearmRead the Press Release
A man with a history of felony convictions was convicted by a jury on May 24, 2023, after a two-day trial in federal court in Sioux City.
Jerell Wilson, age 30, of Sioux City, Iowa, was convicted of one count of felon in possession of a firearm. The verdict was returned Wednesday afternoon following about two hours of jury deliberations.
The evidence at trial revealed that while Sioux City Police were investigating an unrelated crime, it was learned through witness and video surveillance that Wilson had been at the crime scene prior to, and after, the crime with a Coach backpack containing multiple firearms. Armed with this information, on June 23, 2022, law enforcement executed a search warrant on Wilson’s home, where a loaded gun – with a round in the chamber -- was found in his bed, along with the Coach bag and ammunition for multiple guns that were not found in the search. Wilson refused to attend his own trial.
Wilson has previously been convicted of possession of a defaced firearm, 1st degree theft and eluding resulting in death and homicide by vehicle.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Wilson remains in custody of the United States Marshal. Wilson faces a possible maximum sentence of 10 years imprisonment, a $250,000 fine, and 5 years of supervised release following any imprisonment.
The case was investigated by the Sioux City, Iowa Police Department. The case is being prosecuted by Assistant United States Attorney Forde Fairchild
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-04061.
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Sex Offender Sentenced for Failure to RegisterRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Antonio Juan Paredes, age 33, was sentenced to 24 months in prison for failing to register as a sex offender.
The charges arose from an investigation by the United States Marshal Service Sex Offender Registry Unit.
On April 12, 2022, Paredes pleaded guilty to one count of Failure to Register as Sex Offender.
According to the U.S. Marshal Service, Paredes was previously convicted of Rape-First Degree in the District Court of McCurtain County, Oklahoma and has a lifetime reporting requirement as a level-3 sex offender. Paredes moved outside the state of Oklahoma and failed to update his sex offender registration as required under the Sex Offender Registration and Notification Act (SORNA).
“We work continuously to ensure our community’s safety, and our deputy marshals in Eastern Oklahoma work tirelessly to track offenders who are deliberately out of compliance,” Eastern Oklahoma U.S. Marshal Kerry L. Pettingill said in a statement.
“The societal benefits of having a sex offender registry can only be realized if sex offenders are in compliance with their registration requirements," said United States Attorney Christopher J. Wilson. “The United States Attorney’s Office is committed to working with the U.S. Marshal’s Sex Offender Registry Unit to ensure offenders like Mr. Paredes are held accountable for intentionally shirking their obligation to register and update their registrations.”
The Honorable Ronald A. White, Chief District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee. Paredes 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 Edith A. Singer represented the United States.
Second Defendant Charged with Second Degree Murder in Death of Navajo ManRead 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 that Keon Apachito was charged with murder in the second degree. Apachito, 21, of To'Hajiilee, and an enrolled member of the Navajo Nation, appeared in federal court for a detention hearing and was released to a halfway house pending trial, which has not been scheduled.
According to an indictment, on May 28, 2022, along with two others, Apachito and co-defendant Cole Ray Shorty allegedly beat the victim in retaliation for stealing an item from Shorty. The victim died from their injuries at the University of New Mexico Hospital on May 30, 2022. The incident occurred within the exterior boundaries of the Navajo Nation.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Apachito faces up to 17 years in prison.
Cole Ray Shorty, 19, was arraigned on Sept. 13, 2022, and will remain in custody pending trial. If convicted, Shorty faces up to 17 years in prison.
The FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorney Brittany DuChaussee is prosecuting the case.
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Schenectady Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
ALBANY, NEW YORK – Daniel Quintero, age 38, of Schenectady, New York, pled guilty yesterday to receiving hundreds of images and videos of child pornography.
United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.
Quintero admitted that from on or about May 1, 2019 through March 2, 2022, he downloaded images and videos of child pornography.
At sentencing, scheduled for September 26, 2023, Quintero faces at least 5 years and up to 20 years in prison, a term of supervised release of between 5 years and life, and a maximum fine of $250,000. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Quintero will also be required to register as a sex offender upon his release from prison.
This case was investigated by the FBI Albany’s Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies, including the Colonie Police Department, Rotterdam Police Department, and the New York State Police. Assistant United States Attorney Allen J. Vickey is prosecuting this case as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
SW Georgia Resident Pleads Guilty to Firearms Charge, Sold Stolen RiflesRead the Press Release
ALBANY, Ga. – An Americus, Georgia, resident with a criminal history pleaded guilty to illegally possessing a firearm after he was arrested stealing rifles from the local Walmart, which he sold for cash and drugs.
Brandon Michael Hatfield, 31, pleaded guilty to illegal possession of a firearm by a convicted felon today before U.S. District Judge Leslie A. Gardner. Hatfield faces a maximum of 15 years in prison to be followed by three years of supervised release and a maximum $250,000 fine. Sentencing is scheduled for Sept. 7. There is no parole in the federal system.
“The defendant stole several rifles in a matter of weeks, flipping them quickly for cash and drugs and thereby increasing the number of stolen firearms on the streets of Americus,” said U.S. Attorney Peter D. Leary. “Law enforcement at every level is working to reduce the number of firearms in the hands of criminals in an effort to improve the safety within every community across the Middle District of Georgia.”
“The unlawful acquisition and selling of firearms are serious crimes that feed and intensify the violence that plagues so many communities here and abroad," said Assistant Special Agent in Charge Beau Kolodka. "This investigation illustrates the collective resolve of ATF and our law enforcement partners working together to make a safer community.”
According to court documents, Hatfield attempted to steal a Rossi, 22LR caliber rifle from the Walmart in Americus, Georgia, on Nov. 18, 2022, but was stopped by Walmart employees before he could exit the store with the weapon. An investigation by Walmart’s security team revealed that Hatfield stole a total of five rifles on five different occasions from the store between Nov. 1 and Nov. 16. Hatfield admitted that he stole the firearms and traded them for money and drugs.
Hatfield has been convicted of several felonies, including dealing methamphetamine, escape and residential entry in Decatur County, Indiana, Superior Court. It is illegal for a convicted felon to possess a firearm.
The case was investigated by ATF and the Americus Police Department. Assistant U.S. Attorney Matthew Redavid is prosecuting the case for the Government.
Rock Island Man Sentenced to 84 Months in Prison for Felon in Possession of a Firearm and AmmunitionRead the Press Release
ROCK ISLAND, IL – Anthony Tony Gay, 49, of the 1200 block of 14th Street, Rock Island, was sentenced on May 24, 2023, to 84 months in the Bureau of Prisons, to be followed by a three-year term of supervised release, for Felon in Possession of a Firearm and Felon in Possession of Ammunition.
Gay was found guilty of the charges following a three-day jury trial in May 2022. At the trial, the government presented evidence that on May 31, 2020, a vehicle in which Gay was a passenger, was stopped by Rock Island police officers for a traffic violation. Gay fled from the traffic stop but fell as he was being chased by police. He was arrested a short distance away. When officers retraced Gay’s flight path, they found a loaded Glock model 36 .45 pistol in the location where he fell.
Approximately two weeks later, on June 14, 2020, Rock Island police were called to a Rock Island motel where Gay had been renting a room prior to his arrest. As motel personnel were cleaning Gay’s room and removing his belongings, one of them located a bag of .45 ammunition containing the same type of rounds that had been loaded in the Glock pistol.
During the trial, the government also established that Gay had an extensive number of prior felony convictions, including robbery, aggravated battery, and possession of a weapon in prison.
At the sentencing hearing before U.S. District Judge James Shadid, the government presented evidence that Gay’s prior robbery conviction involved him and several other gang members beating a 15-year-old boy who had been riding his bicycle, and that Gay had committed that crime only one day after being released from prison. The government further presented evidence of Gay’s extensive history of misconduct while in prison, which included several aggravated batteries of correctional officers.
In pronouncing sentence, Judge Shadid remarked that the nature and circumstances of the offense were serious, in that Gay, a felon on parole at the time of the offense, possessed a loaded firearm and fled from police. That, combined with Gay’s lengthy criminal record and violent history, including the act of violence against a 15-year-old, indicated to the judge that Gay was dangerous and that the 84-month prison sentence was necessary to protect the public.
The statutory penalties for the charges are up to ten years of imprisonment for each Count, a $250,000 fine, and up to a three-year term of supervised release.
The investigation was conducted by the Rock Island Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys John Mehochko and Jennifer Mathew and former Assistant U.S. Attorney Alyssa Raya represented the United States in the prosecution.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Property Manager Pleads Guilty to Stealing Government FundsRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces that Oliver Barrington King (44, Deland) has pleaded guilty to theft of government funds. King faces a maximum penalty of 10 years in federal prison. In addition, King has agreed to forfeit $16,618.91, the amount he obtained as a result of the offense. A sentencing date has not yet been scheduled.
According to the plea agreement, King was the property manager for an apartment complex that received Section 8 project-based rental assistance funding from the Department of Housing and Urban Development (HUD). As property manager, King had access to the HUD funding and misappropriated the government funds for his own unjust enrichment.
This case was investigated by the Department of Housing and Urban Development – Office of Inspector General. It is being prosecuted by Assistant United States Attorney Shannon Laurie.
Project LEAD Graduates 47 Students in the Municipality of Toa AltaRead the Press Release
SAN JUAN, Puerto Rico– This week, a total of 47 students from the Alejandro Jr. Cruz Elementary School and the José Pablo Morales Miranda Middle School in Toa Alta graduated from the Project LEAD school program in a ceremony held in U.S. District Court for the District of Puerto Rico. In January of 2023, the United States Attorney’s Office for the District of Puerto Rico began a 20-week school curriculum in both schools. The curriculum focused on the legal and social consequences of juvenile crimes and included techniques to help students resolve conflicts and resist peer pressure. Assistant United States Attorney Dennise Longo Quiñones, Chief of the Public Affairs and Community Engagement Division was the facilitator in charge of leading the weekly sessions with the students.
Project LEAD (Legal Enrichment and Decision-making) was established in 1993 by the Los Angeles County District Attorney’s Office in partnership with the Constitutional Rights Foundation. Its goal is to teach children that the choices they make today can affect their lives forever. An evaluation of the program conducted by Bernadette Chi, PhD and Ellen Middaugh, M.A. of the University of California, Berkley showed that Project LEAD provides:
- Protective factors that decrease students’ propensity to become involved in negative and illegal activities.
- An increase in students’ knowledge about the legal system.
- An increase in positive dispositions, for example: Confidence in their own decision-making capacities; Attitudes about the legal system; and Attitudes about authority.
The USAO launched the program in two public schools in Loíza in December of 2020. The USAO translated the Project LEAD program into the Spanish language and tailored the curriculum to focus on situations that youth in the District of Puerto Rico are likely to encounter. The 20-week curriculum focuses on the social and legal consequences of juvenile crimes, such as truancy, illicit drug use, shoplifting, graffiti, animal abuse, and bullying. Project LEAD also teaches students techniques to resolve conflicts, resist peer pressure, promote tolerance and respect for diversity, and the role of education to achieve economic stability. Students also learn about the federal and state judicial systems, including how each operates, and the roles played by prosecutors, defense attorneys, judges, and defendants in the litigation process. The curriculum concludes with the students’ performance of a scripted mock trial, putting into practice what they have learned about the criminal justice system.
United States Attorney for the District of Puerto Rico W. Stephen Muldrow stated: “We are grateful for the schools and the parents who trusted the USAO personnel along with other state and federal law enforcement agencies to provide the students with the skills and experience to evaluate challenging situations and help them make good decisions. We are looking forward to expanding our Project LEAD with the participation of the personnel from the Proyecto de Seguridad y Educación para el Desarrollo de la Niñez who have adopted our program and will continue to work along with us to continue with our project throughout Puerto Rico.”
This Project was possible with the collaboration of many federal and state agencies. Special thanks to the U.S. District Court for the District of Puerto Rico; the Office of the Governor of Puerto Rico; the Federal Public Defender; the U.S. Marshals Service, the Federal Bureau of Investigations, the Drug Enforcement Administration; the Hispanic Affairs Advisory Council; the PR Department of Justice; the PR Department of Public Safety; the PR Department of Education, in particular, the personnel at the Bayamón Regional Office; the PR Police Bureau; the PR Department of Corrections and Rehabilitation; the Administration of Juvenile Institutions; the PR Department of Natural and Environmental Resources; and personnel from the US Attorney’s Office.
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Primary Care Physicians to Pay $1.5 Million to Resolve False Claims Act Liability for Submitting Unsupported Diagnoses to the Medicare Advantage ProgramRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Complete Physician Services, Kenneth Wiseman, DO, and Steven Schmidt, DO (collectively, “CPS”), have agreed to pay a total of $1,500,000 plus interest to resolve False Claims Act allegations that they caused the submission of false claims by misrepresenting the severity of illness and services rendered to increase reimbursement from the Medicare Part C (Medicare Advantage) and Part B programs.
CPS, a primary care physician practice located in Philadelphia, treated patients under the Medicare Advantage program and the Medicare Part B (Medical Insurance) program. The government alleges that CPS caused the submission of false claims for payment to Part C from January 1, 2015, to December 31, 2018, arising from CPS submitting unsupported diagnosis codes, resulting in increased reimbursement to Part C health insurance companies. Specifically, CPS submitted morbid obesity diagnosis codes to Part C where the diagnoses lacked medical support in that patients had a body mass index under 35. The government contends that the diagnosis of morbid obesity in this situation is inappropriate. Further, the government alleges that CPS’s submission of chronic obstructive pulmonary disease (“COPD”) diagnoses were not medically supported or supported by appropriate medical documentation in many instances. As a result of these unsupported diagnoses, CPS substantially increased Part C reimbursement from the Centers for Medicare & Medicaid Services (“CMS”).
The government also alleges that CPS caused the submission of inappropriate claims to the Medicare Part B program that were not supported by medical documentation from January 1, 2015, to December 31, 2018, in order to maximize its reimbursement. Specifically, the government contends that CPS improperly billed Evaluation and Management visits using Current Procedural Terminology Code 99214 without the requisite level and complex medical decision making that this code requires. Further, CPS inappropriately billed physician assistant services “incident to” the professional services of a physician including occasions when the physician was out of the country. Finally, CPS also submitted unsupported billing to CMS for smoking cessation counseling, pulmonary function tests, and unsupported claims for vaccine administration.
“Almost half of Medicare beneficiaries are now enrolled in Medicare Advantage plans. Investigation of credible allegations of fraud impacting it is more important than ever,” said U.S. Attorney Romero. “The Medicare Advantage Program relies on accurate information about its enrollees’ health status, such as whether they really have morbid obesity or COPD. It is imperative that enrollees receive appropriate treatment and that participating providers and health plans receive proper compensation for the services they actually provide. We will hold accountable those who report unsupported diagnoses to inflate Medicare Advantage payment.”
“Today’s settlement shows our attention to and commitment in investigating all potential allegations of fraud against the Medicare Part C Programs, no matter the size of the physician practice, or the complexity of the scheme,” said Maureen R. Dixon, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of the Inspector General. “We will continue to partner with the United States Attorney’s Office to evaluate allegations brought under the False Claims Act to ensure the integrity of Medicare programs.”
This settlement resolved a lawsuit filed under the False Claims Act in the U.S. District Court for the Eastern District of Pennsylvania by former CPS employees captioned United States ex rel. Michael Helzner, D.O., et al. v. Complete Physician Services, LTD, at al., No. 16-cv-5401 (E.D. Pa.). Under the qui tam or whistleblower provisions of the False Claims Act, lawsuits like this one may be brought on behalf of the United States and the relators share in any recovery by the government. The relators were represented in this case by John M. Hanamirian of the Hanamirian Law Firm. “We thank the relators and the relators’ counsel for their contributions. Detecting fraud is much easier when we have the cooperation of whistleblowers like the ones in this case,” said Romero.
This matter was investigated by the U.S. Attorney’s Office for the Eastern District of Pennsylvania, in conjunction with the U.S. Department of Health and Human Services Office of Inspector General. The investigation and settlement were handled by Assistant U.S. Attorney Deborah W. Frey, Civil Division Chief Gregory B. David, and Auditor George Niedzwicki.
The claims resolved by this settlement are allegations only and there has been no determination of liability.
Pennsylvania Physician Sentenced to Prison for HOPE Clinic Prescription PracticesRead the Press Release
CHARLESTON, W.Va. – Brian Gullett, D.O., 46, of Clarksville, Pennsylvania, was sentenced today to six months in prison, to be followed by one year of supervised release, and fined $5,000 for aiding and abetting obtaining a controlled substance by fraud. Gullett admitted to unlawful prescription practices at HOPE (Hitech Opioid Pharmachovigilance Expertise) Clinic, a purported pain management clinic that operated in Beckley, Beaver and Charleston, West Virginia, and Wytheville, Virginia.
Gullett also surrendered his medical license and his Drug Enforcement Administration (DEA) certificate of registration, and agreed not to apply for re-registration to dispense Schedule II controlled substances.
“The criminal conduct in this case exploited and worsened an already devastating opioid crisis,” said United States Attorney Will Thompson. “This office and its law enforcement partners are resolved to bring to justice those who allow greed to outweigh their oaths and duties as health care professionals.”
According to court documents and statements made in court, from November 2010 until June 11, 2015, practitioners associated with HOPE Clinic prescribed thousands of oxycodone- and morphine-based pills to individual customers. Some of these prescriptions provided customers with an average of four to seven pills per day. Several HOPE Clinic locations averaged 65 or more customers a day during a 10-hour workday with only one practitioner working.
Gullett admitted to signing multiple oxycodone prescriptions for 120 pills of 30 milligrams each and 30 pills of 15 milligrams each for a HOPE Clinic customer at the Charleston location on March 13, 2013. Gullett further admitted that the customer’s medical chart did not support these prescriptions and that the prescriptions were not for a legitimate medical purpose in the usual course of professional medical practice.
Evidence showed that the customer had multiple failed drug screenings, reported being addicted to pain medication, bought pills on the street, and sold pills from his HOPE Clinic prescriptions to others. Gullett admitted that he did not discuss the possibility of addiction or the need for addiction treatment with the customer.
“Medical professionals who circumvent the rules for prescribing powerful and potentially addictive pain-killers contribute to the opioids crisis facing our nation,” said Special Agent in Charge George A. Scavdis, Food and Drug Administration (FDA) Office of Criminal Investigations Metro Washington Field Office. “Our office will continue to pursue and bring to justice those who see addiction as an opportunity for profit.”
Gullett was initially indicted in 2018 along with the owners, managers and other physicians associated with HOPE Clinic and PPPFD. Five other physicians have also pleaded guilty. The remaining defendants are awaiting trial. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Thompson made the announcement and commended the investigative work of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG), the Internal Revenue Service-Criminal Investigations (IRS-CI), the Food and Drug Administration-Office of Criminal Investigations (FDA-OCI), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the West Virginia State Police, the Metropolitan Drug Enforcement Network Team (MDENT), the Beckley Police Department, the Kentucky State Police, the Harrison County, Kentucky, Sheriff’s Department, and the Appalachia High Intensity Drug Trafficking Area Task Force (AHIDTA).
United States District Judge Frank W. Volk imposed the sentences. Assistant United States Attorneys Monica Coleman, Steve Loew and Owen Reynolds prosecuted the case.
This prosecution was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
This case is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-167.
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Parkersburg Man Pleads Guilty to Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Robert Anthony Thomas, 46, of Parkersburg, pleaded guilty today to distribution and attempted distribution of child pornography.
According to court documents and statements made in court, from about June 1, 2020, through about August 23, 2022, Thomas made over 105,000 digital media files of child pornography available to others by using a peer-to-peer file sharing program. Thomas admitted that he knew the digital media files contained child pornography and would be downloaded by others. Thomas further admitted that the digital media files included a video file of a prepubescent female engaged in sexually explicit conduct.
On August 23, 2022, Thomas possessed more than 100 images and 14 videos on his laptop and external hard drive depicting minors engaged in sexually explicit conduct. Thomas admitted that many of these images and videos depict prepubescent minors, including infants and toddlers. Thomas further admitted that several of the images and videos depict known child victims.
Thomas is scheduled to be sentenced on August 30, 2023, and faces a mandatory minimum of five years and up to 20 years in prison, five years and up to a lifetime of supervised release, and a $250,000 fine. Thomas must also register as a sex offender.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).
Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Julie M. White is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the 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.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-70.
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Owner of Mid-State Opioid Treatment Programs Agrees to Settle Allegations of PPP Fraud & Controlled Substance Act ViolationsRead the Press Release
NASHVILLE – James C. Sells III, of Springville, Tennessee, has agreed to pay the United States a total of $500,000 to settle allegations that he fraudulently applied for and received funds from the Paycheck Protection Program (PPP) and violated the Controlled Substances Act, announced United States Attorney Henry C. Leventis.
According to the Settlement Agreement, Sells had ownership in several office-based opioid treatment programs in middle Tennessee, including Nashville Recovery LLC, which he sold in September 2022, Everwell Medical LLC, in Murfreesboro, Forever Well, LLC, in Dickson, and Journey Medical, in Gallatin. The programs, acting through Sells, applied for, and obtained multiple loans from the PPP in the total amount of $143,109, all of which were forgiven.
In addition, in the Settlement Agreement, the United States also alleges that from January 1, 2020, through September 8, 2020, one of the providers who sees patients at two of the programs failed to secure his password to the electronic prescribing system and allowed his office manager to electronically sign prescriptions, in violation of the Controlled Substances Act.
Of the $500,000 settlement, $143,109 is restitution relating to the PPP loans; $143,109 is damages relating to the PPP loan; and the remaining $213,782 is civil penalties for violations of the Controlled Substances Act.
The civil claims settled by this Settlement Agreement are allegations only, and there has been no determination of liability.
This matter was investigated by the Drug Enforcement Administration - Diversion Group and the Tennessee Bureau of Investigation. The United States is represented by Assistant U.S. Attorney Kara F. Sweet of the Middle District of Tennessee.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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Orange County Resident Sentenced to over Four Years in Prison for Scheme to Defraud Multiple Victim InvestorsRead the Press Release
SAN JOSE – Jonathan Vu Hoang, aka Co Vu Hoang, was sentenced today to 49 months in prison in connection with a scheme to create a bogus investment company and defraud multiple victim-investors by falsely promising them he would invest their money, announced U.S. Attorney Ismail Ramsey and Federal Bureau of Investigation Special Agent in Charge Robert K. Tripp. The sentence was handed down by the Hon. Edward J. Davila, United States District Judge.
Hoang, 59, formerly of San Jose and residing more recently in Orange County, pleaded guilty to the charges on July 11, 2022. According to his plea agreement, Hoang admitted that beginning June of 2017, he devised and implemented a scheme by which he defrauded multiple investors of their money by promising to make investments that would yield significantly high returns. The scheme continued through May of 2019 by which time Hoang solicited over $1.6 million from his victims.
Hoang admitted in his plea agreement that he told his victim-investors he was a wealthy and successful businessman and that he had access to special investment opportunities. Hoang created a bogus investment company called Dunamis Global Holdings, Ltd. and asked his victim-investors to sign Subscription Agreements with the company as a means of assuring the victims that he was making legitimate investments on their behalf. Hoang also established bank accounts and email accounts to create the appearance of a legitimate investment company. For example, when emailing with his victim-investors, Hoang copied fake Dunamis employees with fake titles. Also, Hoang created email addresses and domain names of others that appeared to belong in prominent firms and companies, such as “@deloittewealthmanagement.com” and “@dlapipercapital.com.” Hoang used the fabricated email addresses to generate and transmit emails regarding proposed investment opportunities as a means of bolstering the appearance of his legitimacy. Hoang admitted that he obtained at least $1.6 million in funds from his victim-investors and acknowledged that rather than invest any of the funds he received as promised, he spent the funds on his personal expenses and to support his lifestyle.
Hoang was charged by Felony Information on April 7, 2022, with three counts of wire fraud in violation of 18 U.S.C. § 1343. Hoang pleaded guilty to the three counts.
At sentencing, Judge Davila described Hoang’s conduct as harmful to his community, noting the financial harm and trauma caused to the victims. In directly addressing Hoang, Judge Davila expressed, “It’s a pity that these victims were preyed upon in the way that they were, and a pity that you know better.” In addition to the prison term, Judge Davila also ordered Hoang to pay a $15,000 fine and restitution and entered a forfeiture money judgment in the amount of $1.5 million. Judge Davila ordered Hoang to begin serving his sentence on August 17, 2023.
Assistant United States Attorney Anne Hsieh is prosecuting the case with assistance from Helen Yee. The prosecution is the result of an investigation by the FBI.
Orange County Man Pleads Guilty to $1.2 Million Check Fraud Scheme He Promoted on Social MediaRead the Press Release
SANTA ANA, California – A convicted felon from Orange County who used social media to instruct his Instagram followers on how to defraud banks pleaded guilty today to conspiring with a bank employee and others to commit a check fraud scheme in which they sought $1.2 million.
Meshach Samuels, 26, of Placentia, pleaded guilty to one count of conspiracy to commit bank fraud and two counts of being a felon in possession of firearms and ammunition.
According to his plea agreement, from May 2021 to March 2022, Samuels urged his Instagram followers to join his Telegram chat groups, where – for a fee of up to thousands of dollars – he would provide instructions on how to recruit accomplices and commit check fraud to steal money from banks.
Samuels and his accomplices would create fraudulent checks drawn on victim accounts, frequently using stolen information obtained from a bank teller and other sources. Samuels’ co-conspirators, aided and abetted by Samuels, would deposit the fraudulent checks into third-party accounts.
Once the check amounts were credited to the third-party accounts, Samuels’ co-conspirators, aided and abetted by Samuels, fraudulently withdrew money in amounts below $10,000 to avoid triggering bank scrutiny. The corrupt bank teller was paid a portion of the cash the conspirators obtained from negotiating fraudulent checks.
This check fraud scheme attempted to obtain at least approximately $1.2 million and caused actual losses of at least $400,000.
Samuels also admitted in his plea agreement that he participated in a scheme to defraud the California Employment Development Department (EDD) through the submission of fraudulent applications for pandemic-related unemployment insurance that contained stolen identity information. Those fraudulent applications included information from individuals who resided outside California, were deceased, or who otherwise were not eligible for unemployment insurance. Members of the scheme provided EDD with a set of common mailing addresses they controlled for multiple applications.
After EDD approved the fraudulent applications and disbursed the pandemic benefits to EDD debit accounts, Samuels and his co-schemers used the debit cards to withdraw cash at ATMs.
In total, Samuels caused at least $14,250 in actual losses to EDD.
In addition, Samuels, whose criminal history includes felony convictions in Florida for aggravated battery on a law enforcement official with an enhancement for attempted murder, admitted to unlawfully possessing firearms and ammunition. Specifically, during an August 2021 traffic stop in Costa Mesa, police officers found a firearm and ammunition concealed on his person. In March 2022, federal agents searched Samuels’ residence and seized five firearms and ammunition.
United States District Judge Cormac J. Carney scheduled an October 23, sentencing hearing, at which time Samuels will face a statutory maximum sentence of 30 years in federal prison for the bank fraud conspiracy count and up to 10 years’ imprisonment for each count of illegally possessing firearms and ammunition.
In a related case, Sasha Lizette Jimenez, 26, Samuels’ former girlfriend, pleaded guilty on May 22 to one count of conspiracy to commit bank fraud for running the EDD fraud scheme in which Samuels participated. Jimenez, who was the bookkeeper for the conspiracy, caused the issuance of at least $2.8 million in fraudulent UI benefit debit cards – and at least $2.3 million was withdrawn from those debit cards. Judge Carney has scheduled an October 30 sentencing hearing for Jimenez.
The investigation into this scheme was conducted by the Los Angeles El Camino Real Financial Crimes Task Force, a multi-agency task force led by Homeland Security Investigations that includes federal and state investigators who are focused on financial crimes in Southern California. The Treasury Inspector General for Tax Administration also participated in this investigation. The Costa Mesa Police Department, the Inglewood Police Department, the Placentia Police Department, the New York City Police Department, and the Miami Beach Police Department provided assistance.
Assistant United States Attorneys Rachel N. Agress of the International Narcotics, Money Laundering, and Racketeering Section, and David Y. Pi of the Major Frauds Section are prosecuting Samuels. AUSA Agress is prosecuting Jimenez.
Ontario County Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Eric Passalacqua, 37, of Phelps, NY, pleaded guilty to receipt and distribution of child pornography before U.S. District Judge Frank P. Geraci. The charges carry a minimum penalty of five years in prison, a maximum penalty of 40 years, and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that on January 20, 2023, the FBI in Rochester received information from the FBI in Anchorage Alaska, that an individual located in Phelps, NY, may have been responsible for exchanging child pornography with an individual in Alaska. Subsequent investigation determined that individual was Passalacqua. On January 24, 2023, a search warrant was executed at Passalacqua’s Phelps residence. A forensic examination of his phone recovered over 600 images of child pornography, including images that Passalacqua produced depicting a minor victim. Passalacqua also admitted to producing images of another minor victim.
The conviction is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia and the Anchorage Office of the FBI, under the direction of Special Agent-in-Charge Antony A. Jung.
Sentencing is scheduled for August 24, 2023, before Judge Geraci.
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Onslow County Drug Dealer Who Supplied Prostitutes in his Home Sentenced to More than Six Years in PrisonRead the Press Release
RALEIGH, N.C. – A Jacksonville man was sentenced today to 78 months in prison for his role in a drug conspiracy that involved the distribution of methamphetamine and fentanyl from March 2019 through August 2021. On March 2, 2023, Roderick Wall, 49, pled guilty to drug conspiracy, distribution, and possession with the intent to distribute.
“Fentanyl is the single deadliest drug that our nation has encountered, and it is killing far too many in Eastern North Carolina,” said U.S. Attorney Michael Easley. “This defendant openly sold drugs to pregnant women and prostitutes and dealt deadly narcotics in front of his minor children. We are proud to partner with the FBI and Onslow County Sheriff’s Office to put those pushing deadly drugs into our communities behind bars.”
According to court documents and information presented in court, law enforcement initiated an investigation after receiving reports of illegal activity at Wall’s residence. The investigation revealed that Wall sold drugs, including heroin, fentanyl, and methamphetamine, for at least two and a half years. The investigation also revealed that Wall facilitated prostitution, including by posting online advertisements for sexual services and allowing females to engage in commercial sex out of his home, often while supplying them with drugs.
Between April and August of 2021, agents conducted six controlled purchases of narcotics from Wall, at or near his home. In at least two of the purchases, Wall sold fentanyl to a female who was visibly pregnant, and even discussed the pregnancy with her during one of the transactions. Wall’s wife and two minor children lived in the home with him and were present during some of the drug transactions and when investigators executed a search warrant on August 18, 2021. The search recovered pills, over 28 grams of crystal methamphetamine, over 23 grams of fentanyl, a 9mm pistol with an obliterated serial number, two .22 caliber rifles, marijuana, more than $5,000, and a home surveillance system. The surveillance footage from inside the home depicted drug transactions, as well as another pregnant female injecting fentanyl supplied by Wall.
A co-defendant in the case was previously sentenced to 60 months’ imprisonment.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Federal Bureau of Investigation and the Onslow County Sheriff’s Office investigated the case and Assistant U.S. Attorney Bryan M. Stephany prosecuted the case.
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. 7:22-cr-90-D.
Norwich Man Pleads Guilty to Fraud and Tax Offenses Stemming from Scheme that Victimized Women Through Social Media AccountsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, Robert Fuller, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, and Joleen D. Simpson, Special Agent in Charge of IRS Criminal Investigation in New England, today announced that on May 23, 2023, DEXTER ENWEREM, 36, of Norwich, waived his right to be indicted and pleaded guilty in Bridgeport federal court to fraud and tax offenses stemming from a scheme that defrauded women approached through their social media accounts.
According to court documents and statements made in court, between approximately September 2019 and March 2021, Enwerem participated in a scheme to defraud individuals, primarily women, who were contacted through their Facebook and Instagram accounts. As part of the scheme, a co-conspirator of Enwerem would use a false identity and make false representations to approach and befriend victims through the social media platforms. As the relationship progressed, the co-conspirator would sometimes move the communication to Google Hangouts, an online platform that allows users to communicate by video call or direct chat message. Eventually, the co-conspirator would request money from the victim based on various false representations of need. The victims would then send money by wire transfers, checks, money orders, and cash. Some of the money was wired into bank accounts that Enwerem controlled, and some was sent in packages to an address where Enwerem could receive them.
Through this scheme, Enwerem and his co-conspirators defrauded victims of approximately $450,000. Enwerem wired approximately $220,000 of these funds to bank accounts in Nigeria. In response to bank officials who questioned the nature of these wire transfers, Enwerem falsely stated that the recipients were family members and that the funds were intended to take care of his grandmother, and for household expenses.
Enwerem also failed to pay taxes on the income he fraudulently obtained.
Enwerem pleaded guilty to one count of conspiracy to commit mail fraud and wire fraud, which carries a maximum term of imprisonment of 20 years, and one count of tax evasion, which carries a maximum term of imprisonment of five years. As part of his plea, he has agreed to pay restitution of $449,189 to his victims, and $127,299 in back taxes for the 2019 and 2020 tax years.
Enwerem was arrested on related state charges on March 24, 2021. He is released on a $200,000 bond pending sentencing, which is not scheduled.
This investigation is being conducted by the Federal Bureau of Investigation’s Connecticut Cyber Task Force (CCTF), the Internal Revenue Service – Criminal Investigation Division, and the Norwich Police Department, with the assistance of the Hartford Police Department.
The FBI’s CCTF is staffed with detectives from the Connecticut State Police’s Cyber Crimes Investigation Unit and the Bristol, Hartford, Stamford, and UConn Police Departments, as well as an agent from the Internal Revenue Service – Criminal Investigation Division. To contact the CCTF or report a cyber incident, please call the FBI’s New Haven Field Office at 203-777-6311 or file a complaint with the FBI's Internet Crime Complaint Center at https://www.ic3.gov.
The case is being prosecuted by Assistant U.S. Attorney Michael S. McGarry.
North Charleston Man Sentenced to Twelve Years in Federal Prison for Sexual Exploitation of a Minor Through SnapchatRead the Press Release
CHARLESTON, SOUTH CAROLINA — Ty’Qwane Antonio Dix, 26, of North Charleston, was sentenced to 151 months in federal prison for sexual exploitation of a minor.
In October 2022, Dix pleaded guilty to use of an interstate commerce facility to entice a minor to engage in sexual activity. According to court documents and hearings, from August 2020 through January 2021, Dix portrayed himself online as a 19-year-old male. In that capacity, he enticed and coerced a 12-year-old girl in Virginia into sending him sexually explicit videos and images of herself via Snapchat. Dix later threatened to send her videos/images to others if she did not comply with his requests.
United States District Judge Bruce Howe Hendricks sentenced Dix to 151 months in prison, to be followed by a life term of court-ordered supervision. There is no parole in the federal system.
The Federal Bureau of Investigation (FBI) investigated the case. Assistant U.S. Attorney Dean H. Secor prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. Led by the U.S. Attorneys’ Offices and CEOS, 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.
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North Carolina Man Sentenced to Prison for Tax EvasionRead the Press Release
A North Carolina man was sentenced today to 36 months in prison for tax evasion.
According to court documents and statements made in court, Darren Lee Joy of Matthews did not file individual income tax returns for most of the past two decades, even though he was required to do so based on the amount of income he earned. Joy evaded taxes by submitting and maintaining with his employers Forms W-4 and state tax forms that falsely claimed he was exempt from federal and state income tax withholding. As a result, taxes were not withheld from his wages and little to no taxes were paid to the IRS. In total, Joy earned more than $1.8 million in income and owed more than $380,000 in state and federal income taxes.
In addition to the term of imprisonment, U.S. District Court Judge Frank D. Whitney ordered Joy to serve two years of supervised release and to pay $359,859 in restitution to the United States and $23,058 in restitution to the State of California.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, U.S. Attorney Dena J. King for the Western District of North Carolina and Special Agent in Charge Donald “Trey” Eakins of the IRS-Criminal Investigation Charlotte Field Office made the announcement.
IRS-Criminal Investigation investigated the case.
Trial Attorney Brian Flanagan of the Justice Department’s Tax Division and Assistant U.S. Attorney Caryn Finley for the Western District of North Carolina prosecuted the case.