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Wednesday 17 May 2023
Vian Resident Sentenced for Aggravated Sexual Abuse of A Child in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Joshua Thomas Smith, age 41, of Vian, Oklahoma, was sentenced to 360 months in prison for Aggravated Sexual Abuse of a Minor in Indian Country.
The charges arose from an investigation by the Sequoyah County Sheriff’s Office and the Federal Bureau of Investigation.
On June 30, 2022, a federal jury found Smith guilty at trial of Aggravated Sexual Abuse of a Child in Indian Country. During the trial, the United States presented evidence that Joshua Thomas Smith sexually abused a child under the age of twelve from December of 2017 through March of 2018.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Bernard M. Jones, II, U.S. District Judge in the United States District Court for the Western District of Oklahoma, presided by assignment over the hearing in Muskogee. Thomas will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Assistant United States Attorney Edith A. Singer represented the United States.
United States Attorneys Office for the Middle District of Alabama Commemorates National Police Week 2023Read the Press Release
Montgomery, Alabama— In honor of National Police Week, United States Attorney Sandra J. Stewart recognizes the service and sacrifice of federal, state, local, and tribal law enforcement. This year, the week is observed May 14 through May 20.
“The safety and prosperity of our nation depends on the brave men and women who serve in law enforcement,” stated U.S. Attorney Stewart. “They watch over our communities, day after day, never knowing if they will make it back home at the end of their shifts. During this week, we take time to honor and recognize those we have lost and thank those that continue to serve. I strongly encourage all citizens to do just that, not only this week, but each week to come.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), 226 law enforcement officers died nationwide in the line of duty in 2022.
Additionally, according to 2022 statistics reported by the Federal Bureau of Investigation through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 60 law enforcement officers who died in the line of duty in 2022 were killed as a result of felonious acts, whereas 58 died in accidents. Deaths resulting from felonious acts decreased 17.8% in 2022, when compared to the 73 officers who were killed as a result of criminal acts in 2021. Additional LEOKA statistics can be found on FBI’s Crime Data Explorer website for the LEOKA program.
Each year, hundreds of names of officers killed in the line of duty are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, DC. The NLEOMF’s 35th Annual Candlelight Vigil on the National Mall in Washington, DC, memorializes the 556 fallen officers who sacrificed all for their communities. The schedule of National Police Week events is available on NLEOMF’s website.
Reference to any specific organization or service(s) offered by an organization is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by the United States Department of Justice.
Union County Man Admits Role in Scheme to Steal Mail, Commit Credit Card Fraud, and Defraud United StatesRead the Press Release
NEWARK, N.J. – A Union County, New Jersey, man today admitted his role in a scheme to receive stolen credit cards and pandemic relief debit cards sent through the mail, commit bank fraud, and defraud the U.S. Postal Service and the U.S. Department of the Treasury, U.S. Attorney Philip R. Sellinger announced.
Jarid Brooks, 29, of Vauxhall, New Jersey, pleaded guilty before U.S. District Judge Claire C. Cecchi to three counts of an indictment charging him with: one count of conspiracy to commit mail theft and bank fraud, and to defraud the U.S. Postal Service and U.S. Department of the Treasury; one count of receiving stolen mail; and one count of bank fraud.
According to documents filed in this case and statements made in court:
From July 2019 to Oct. 6, 2020, Brooks and his conspirators obtained credit cards stolen from the mail from a U.S. Postal Service letter carrier, fraudulently activated those credit cards, and then used them to make and attempt to make purchases without the cardholders’ authorization, including buying gift cards and electronics. The investigation to date has revealed that the victims have incurred approximately $70,000 in losses from fraudulent purchases made using their stolen credit cards. Brooks also schemed to fraudulently use over $13,000 of funds pre-loaded onto Economic Impact Payment (EIP) cards issued by the U.S. Department of Treasury and sent in the mail pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), that were also stolen from the mail. The CARES Act authorized EIP payments structured as one-time refundable tax credits to certain eligible taxpayers of $1,200 for individuals, $2,400 for married couples filing jointly, and up to $500 for each qualifying child. The goal of this part of their fraud was for the co-conspirators to unlawfully obtain the government funds pre-loaded onto these cards.
The conspiracy and possession of mail theft charges are each punishable by a maximum potential penalty of five years in prison and a maximum fine of up to $250,000. The bank fraud charge is punishable by a maximum potential penalty of 30 years in prison and a maximum fine of up to $1 million. Sentencing is scheduled for Oct. 12, 2023.
Brooks originally was charged with Justin Brooks, 23, Kyle Williams, 38, and Kyjuan Hutchins, 23, also of Vauxhall, in October 2020. Williams has pleaded guilty for his role in the conspiracy and was sentenced. Justin Brooks and Hutchins have pleaded guilty for their roles in the conspiracy and are awaiting sentencing.
U.S. Attorney Sellinger credited postal inspectors of the U.S. Postal Inspection Service in Newark, under the direction of Postal Inspector in Charge Charles A. Nielsen, Philadelphia Division; special agents with the U.S. Postal Service – Office of Inspector General, under the direction of Special Agent in Charge Matthew Modafferi, Northeast Area Field Office; and special agents with the Office of the Treasury Inspector General for Tax Administration (TIGTA), under the direction of Special Agent in Charge Andrew McKay, with the investigation leading to today’s guilty plea. He also thanked the Union County Prosecutor’s Office, the Caldwell Police Department, the Fairfield Police Department, the Boonton Police Department, and the Millburn Police Department for their assistance.
The government is represented by Assistant U.S. Attorney Elaine K. Lou, Chief of the Opioid Abuse Prevention and Enforcement Unit of the Criminal Division in Newark.
brooks.j.indictment.pdfU.S. Settles Lawsuit Alleging That Bronx Nursing Home Paid Kickbacks for Patient Referrals and Switched Residents’ Healthcare Coverage Without Their ConsentRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Naomi Gruchacz, the Special Agent in Charge of the New York Regional Office of the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), announced today that the United States has filed and settled a civil fraud lawsuit alleging that MORRIS PARK NURSING HOME (“MORRIS PARK”), a skilled nursing facility located in the Bronx, New York, engaged in two fraudulent and illegal schemes that violated the False Claims Act and the Anti-Kickback Statute. The first scheme involved cash payments made to a supervisor at a nearby hospital for patient referrals, and the second scheme involved switching residents’ Medicare coverage without their consent in order to increase the Medicare payments MORRIS PARK received. The United States’ complaint also names as defendants TZODIK WEINBERG, a/k/a “Justin Weinberg,” MORRIS PARK’s former Administrator, and MAIER ARM for their roles in the fraudulent conduct.
Under the settlement agreements approved by U.S. District Judge Jennifer H. Rearden, the estate of the owner of MORRIS PARK at the time of the conduct alleged in the Complaint will pay to the United States $2.85 million, WEINBERG will pay $495,000, and ARM will pay $115,000. Each defendant also made extensive factual admissions regarding their conduct. The settlement with the estate took into consideration MORRIS PARK’s prior voluntary self-disclosure of facts related to the improper changes made to residents’ insurance coverage.
U.S. Attorney Damian Williams said: “Morris Park and its former Administrator prioritized boosting Medicare payments above compliance with the law. They paid cash kickbacks to obtain patient referrals to fill empty beds and switched residents’ insurance coverage without properly obtaining the residents’ consent in order to increase the amount the facility was paid. This Office is committed to pursuing all violations of the Anti-Kickback Statute and other laws designed to ensure that medical decisions are based only on the patient’s best interest.”
HHS-OIG Special Agent in Charge Naomi Gruchacz said: “The misconduct that occurred at Morris Park exhibits the prioritization of profits over residents’ best interests. This nursing home paid illegal kickbacks to manipulate the resident referral process and changed patients’ health coverage selections without properly obtaining their consent, with no apparent concern for how these events could negatively impact residents. HHS-OIG and our fellow law enforcement agencies strive to ensure that entities furnishing services to Medicare enrollees are operating in accordance with federal health care laws.”
Medicare beneficiaries may enroll in Medicare Parts A and B, known as Original Medicare, or in Medicare Part C Advantage Plans (“MA Plans”), which are administered by private companies that contract with the government. Under Original Medicare, the Centers for Medicare & Medicaid Services (“CMS”) directly reimburses healthcare providers, like skilled nursing facilities, on a fee-for-service basis. In contrast, when reimbursing services provided under MA Plans, CMS pays Medicare Advantage Organizations (“MAOs”), which operate the MA Plans, a fixed, capitated amount each month for each Medicare beneficiary enrolled in the MA Plan. CMS advises individuals to consider various factors in deciding between enrolling in an MA Plan or Original Medicare, such as differences in out-of-pocket costs and doctor choice.
As alleged in the Complaint filed in Manhattan federal court:
It is well known within the skilled nursing facility industry that it is usually more profitable for the facility to admit residents enrolled in Original Medicare than in MA Plans. The defendants engaged in two fraudulent and illegal schemes to increase the number of Original Medicare residents at MORRIS PARK.
Payment of Cash Kickbacks for Patient Referrals
From January 1, 2017, through December 31, 2019, MORRIS PARK offered and paid remuneration in the form of cash payments, meals, and sports tickets to a Jacobi discharge planning supervisor (the “Jacobi Manager”) to induce her to refer Original Medicare beneficiaries for admission to MORRIS PARK. For much of this period, MORRIS PARK paid the Jacobi Manager $150 for each referred patient who was admitted to the facility. WEINBERG was responsible for delivering the cash payments personally to the Jacobi Manager, often arranging to meet her at a CVS parking lot close to MORRIS PARK. He regularly reached out to the Jacobi Manager to request patient referrals when MORRIS PARK had empty beds.
MORRIS PARK paid the Jacobi Manager a total of approximately $5,000 to $10,000 for referring dozens of Original Medicare patients for admission to MORRIS PARK. In addition, MORRIS PARK offered the Jacobi Manager tickets to Yankees games, invited her and her staff to a MORRIS PARK-sponsored holiday party, and frequently arranged for food to be delivered to her office.
Scheme to Switch Residents’ Medicare Coverage
From January 1, 2018, through December 31, 2019, MORRIS PARK, at the direction of WEINBERG, disenrolled residents from their self-selected MA Plans and enrolled them in Original Medicare without obtaining the consent of the residents or their authorized representatives. WEINBERG pressured MORRIS PARK staff to disenroll residents from their MA Plans.
MORRIS PARK staff approached residents, often at their bedside, to try to persuade them to switch their insurance coverage. When talking to residents and their families, MORRIS PARK staff typically did not fully explain how the change to Original Medicare would impact the resident’s coverage, including potential changes to the resident’s co-payments and deductibles; the potential loss of supplemental coverage available under the resident’s MA Plan; any resulting change in the resident’s drug plan; or limitations on when the resident could re-enroll in the plan after leaving MORRIS PARK. In most cases, the defendants switched residents’ insurance coverage without getting the residents or their family members to sign a consent form evidencing the resident’s consent to the insurance change. In certain instances, at the direction of WEINBERG, MORRIS PARK staff offered to reduce or waive the co-payments that would be owed by residents under Original Medicare in order to try to persuade them to agree to disenroll from their MA Plan.
In the summer of 2018, on WEINBERG’s recommendation, MORRIS PARK retained WEINBERG’s friend, ARM (who worked at another skilled nursing facility) to assist with the improper disenrollments. MORRIS PARK paid ARM a $1,000 fee for each resident whom ARM helped to switch to Original Medicare. ARM agreed to split this $1,000 fee with WEINBERG, so WEINBERG would pocket $500 for each resident who was disenrolled.
The settlement with the estate of the owner of MORRIS PARK at the time of the misconduct includes the following admissions of conduct:
- During the period from 2017 through 2019, MORRIS PARK offered to make, and in fact made, cash payments to the Jacobi Manager for each Original Medicare patient referral that resulted in an admission to the facility. For much of this period, the Jacobi Manager received the sum of $150 for each referral.
- During the period from 2017 through 2019, MORRIS PARK admitted dozens of Medicare patients who were referred to the facility by Jacobi.
- In order to persuade residents to disenroll from their MA Plans, in many instances, MORRIS PARK staff did not fully explain to residents and their families how a switch to Original Medicare would affect the resident’s coverage, including potential changes to the resident’s co-payments and deductibles and the potential loss of supplemental coverage that was available under the resident’s MA Plan. In some instances, MORRIS PARK staff offered inducements to residents or their family members to try to persuade them to agree to the disenrollment. For example, at the direction of WEINBERG, staff sometimes offered to reduce or waive the co-payments that residents would be required to pay starting on the 21st day of their stay at the facility if they switched to Original Medicare.
- In most cases, MORRIS PARK disenrolled residents from their MA Plans without obtaining from the resident or any family member a signed disenrollment form or any other document evidencing the resident’s consent to the insurance change. In several instances, MORRIS PARK disenrolled residents even after the residents and/or their family members had indicated they did not want to switch their Medicare coverage.
- Starting in early 2019, MORRIS PARK paid WEINBERG monthly cash bonuses if the average number of Original Medicare residents at the facility was maintained at a certain level for a given month. MORRIS PARK also paid bonuses to marketing and admissions staff members that were tied to the admission of new residents with Original Medicare.
As part of his settlement, WEINBERG admits, acknowledges, and accepts responsibility for the following conduct:
- Starting sometime in 2017, WEINBERG was responsible for delivering the cash payments personally to the Jacobi Manager. They texted to arrange a time and place to meet in person, often meeting at a CVS parking lot close to MORRIS PARK. WEINBERG reached out to the Jacobi Manager on numerous occasions to ask for patient referrals so he could fill empty beds at MORRIS PARK.
- During his time at MORRIS PARK, WEINBERG sought to maximize the number of residents who were enrolled in Original Medicare.
- Shortly after he became Administrator, WEINBERG directed MORRIS PARK’s staff to try to persuade many of the facility’s residents to disenroll from their MA Plans and to enroll in Original Medicare instead. WEINBERG identified residents who were candidates for disenrollment and then pressured staff to take steps to switch those residents’ insurance coverage.
- In the summer of 2018, WEINBERG contacted his friend, ARM, who worked full-time at another skilled nursing facility in the Bronx. WEINBERG asked ARM to assist with the disenrollment process at MORRIS PARK. MORRIS PARK reached an agreement with ARM under which MORRIS PARK would pay $1,000 to ARM for each MORRIS PARK resident whom ARM helped to disenroll from a Medicare Advantage Plan and enroll in Original Medicare. WEINBERG and ARM agreed that they would split this $1,000 payment, so that WEINBERG would receive $500 for each resident disenrolled. WEINBERG did not disclose this arrangement to MORRIS PARK.
- Once ARM was retained, the pace of disenrollments dramatically increased. WEINBERG continued to exert significant pressure on MORRIS PARK staff to disenroll as many residents from Medicare Advantage Plans as possible. In one instance in July 2019, WEINBERG directed the facility’s Financial Coordinator to disenroll a resident who clearly lacked the capacity to consent to a change in their insurance coverage. The Financial Coordinator asked WEINBERG “[h]ow do we do a dis enrollment” when the resident “is not alert” and has no family. WEINBERG responded: “We just do it.”
As part of his settlement, ARM admits, acknowledges, and accepts responsibility for the following conduct:
- ARM understood that MORRIS PARK would benefit from maximizing the number of residents who were enrolled in Original Medicare because the facility typically received a higher daily reimbursement rate for residents enrolled in Original Medicare as compared to MA Plans, and Original Medicare residents were often approved by Medicare for longer stays in the facility.
- ARM reached an agreement under which MORRIS PARK would pay $1,000 to ARM for each MORRIS PARK resident whom ARM helped to disenroll from a MA Plan and enroll in Original Medicare. WEINBERG asked ARM to split this $1,000 payment with him, so that WEINBERG would receive $500 for each resident disenrolled. ARM agreed. ARM did not disclose this arrangement to anyone else at MORRIS PARK.
- From August 2018 through December 2019, MORRIS PARK paid ARM $1,000 for each MORRIS PARK resident who was disenrolled from their MA Plan and enrolled in Original Medicare.
- Although ARM usually relied on MORRIS PARK staff to obtain and document the resident’s consent, he did not confirm that the resident had actually consented or signed the disenrollment form before processing the disenrollment.
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Mr. Williams thanked HHS-OIG for its assistance with the case.
This case is being handled by the Office’s Civil Frauds Unit. Assistant U.S. Attorney Jeffrey K. Powell is in charge of the case.
U.S. Resolves Civil Claims Against Medical Device Manufacturer for Falsely Claiming that Chinese Components Sold to the Federal Government Were American MadeRead the Press Release
PROVIDENCE – The United States has resolved civil claims against a Massachusetts medical device manufacturer for selling Chinese-made products to the federal government that were required by law to have been made in America, announced United States Attorney Zachary A. Cunha.
The civil settlement, reached with Zoll Medical Corporation, a supplier of medical devices and related technology that is headquartered in Chelmsford, Massachusetts, follows an investigation into allegations that, between January 2019 and November 2022, Zoll sold electrocardiogram cables (“ECG”), which are used with defibrillators and cardiac monitors, to federal government purchasers, including the U.S. Department of Defense, despite knowing that the cables were manufactured in China, rather than the United States. Under the federal Trade Agreements Act, goods sold to the military or federal government purchasers must be made in America or certain designated foreign countries; China is not such a country.
In addition, the government alleges that, in January of 2019, Zoll inaccurately represented to government officials that replacement ECG cables offered by Zoll to federal government purchasers had, in fact, been manufactured in the United States.
This settlement marks the third civil resolution obtained by the District of Rhode Island since 2022 that involves allegedly false representations concerning foreign-manufactured goods that were passed off to government purchasers as American-made; it also follows two successful criminal prosecutions by this office, individuals who had various roles in a conspiracy that directed the development, manufacture, and importation of $20 million worth of Chinese-made counterfeit U.S. military uniforms and gear that were passed off as genuine American-made products and sold to the U.S. government.
“When corporations choose to supply the American military and American government agencies with goods, the law is clear: we expect those goods to be American made,” said U.S. Attorney Cunha. “When companies fail in their legal duty by substituting foreign products for the U.S-origin goods that the law requires, we will hold them accountable.”
Under the terms of a civil settlement agreement with the United States, Zoll will pay $400,000 to the federal government to resolve claims based on this conduct under the common law doctrines of payment by mistake and breach of contract.
These allegations were brought to the government’s attention by Jing Zhang, a former Zoll employee, who filed a qui tam complaint on behalf of the United States in May of 2019, alleging that Zoll violated the False Claims Act. After an extensive investigation of the whistleblower’s allegations, the government has entered into its settlement of common law claims with Zoll as an alternate remedy under the False Claims Act.
Assistant U.S. Attorneys Bethany Wong and Dulce Donovan litigated the matter.
The case was investigated by the Food and Drug Administration Office of Criminal Investigations, Rhode Island Task Force; Department of Defense Office of Inspector General, Defense Criminal Investigative Service; Naval Criminal Investigative Service, Northeast Field Office; Army Criminal Investigation Division, Major Procurement Fraud Field Office; Air Force Office of Special Investigations, Procurement Fraud Detachment 6; Department of Veterans Affairs Office of Inspector General, Criminal Investigations Division, Northeast Field Office; Department of Homeland Security Office of Inspector General; and U.S. Dept. of Health and Human Services, Office of Inspector General, Boston Field Office.
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zoll_settlement_agreement.pdfU.S. Attorney Will Thompson Presents 2023 Law Enforcement AwardsRead the Press Release
CHARLESTON, W.Va. – United States Attorney Will Thompson honored more than 60 federal, state and local law enforcement professionals today for their outstanding contributions to investigations and cases in the Southern District of West Virginia.
The 2023 Law Enforcement Awards, presented during a ceremony at the Robert C. Byrd U.S. Courthouse in Charleston, recognize both invaluable assistance within specific categories of cases and office initiatives as well as overall exemplary service over the past year.
“These are the men and women who keep our communities safe. They represent the ideals of law enforcement,” Thompson said. “Through these awards, we particularly seek to honor collaborative efforts, in the way of joint investigations or partnerships formed to spearhead criminal justice initiatives.”
The annual awards ceremony is held in conjunction with National Police Week, which pays special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others. The names engraved on the National Law Enforcement Officer Memorial this year include that of Nicholas County Sheriff’s Deputy Thomas Edward Baker III. On June 3, 2022, Deputy Baker was fatally shot while he and other law enforcement officers responded to a domestic disturbance in the Birch River area.
Thompson led a moment of silence for Deputy Baker and other fallen law enforcement officers during the ceremony.
Law enforcement officers and organizations were honored in the following categories:
Category: Project Safe Childhood
Project Safe Childhood (PSC) is a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched by the Department of Justice in 2006. Led by U.S. Attorneys’ Offices, 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.
Outstanding PSC Case: U.S. v. Todd Christopher Roatsey (2:21-cr-235)
- Special Agent Terrance Taylor, HSI
- Computer Forensic Analyst Leland “Fred” Pickering, HSI
- Forensic Interview Specialist Candice Cooper, HSI
- Criminal Analyst Chris Powell, HSI
- Trooper First Class Michelle R. Shaffer, West Virginia State Police
Roatsey, a Kanawha County elementary school counselor, was sentenced to 25 years in prison for attempted production of child pornography and attempted enticement of a minor. Roatsey used the Snapchat instant messaging application to target multiple minor females. Roatsey knew several of the minor females through his position as a counselor at Pinch Elementary School. Roatsey also obstructed justice by deleting the Snapchat account he used to engage in these activities, after the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) executed a search warrant at his residence and seized numerous electronic devices found to contain child pornography.
Category: White Collar Crime
Outstanding White Collar Crime Case: U.S. v. Kenneth Emeni et al. (3:21-cr-68)
- Sergeant Bradford S. Burner, West Virginia State Police
- Detective Jeremy Thompson, South Charleston Police Dept. (Task Force Officer)
- Postal Inspector Seth Summers, U.S. Postal Inspection Service
Nine defendants were convicted in connection with multiple internet-based fraud schemes that operated in the Huntington area and defrauded at least 200 victims from across the country, many of them elderly, of at least $2.5 million. Fraud scheme participants created false personas to establish romantic, friendship or business relationships with unwitting individuals via email, text messaging, online dating websites and social media platforms. The victims were persuaded to send money for a variety of false and fraudulent reasons for the benefit of the false personas. The defrauded funds were laundered for distribution among the defendants and others. Some of the defrauded funds were transferred overseas.
Category: Outstanding Drug Trafficking Cases
U.S. v. Scott Midkiff et al. (3:21-cr-109)
- Senior Supervisory Resident Agent Allen Davis II, Federal Bureau of Investigation
- Special Agent Georgia Marshall, FBI
- Special Agent Adam D. Bennett, FBI
- Special Agent Letisha Hartsough, FBI (Columbus, Ohio)
- Intelligence Analyst/Operational Support Technician Angie Botzet, FBI
- Detective Jared Cremeans, Cabell County Sheriff’s Office (TFO)
- Deputy Andrew Richmond, Cabell County Sheriff’s Office
- Deputy Russ Blank, Cabell County Sheriff’s Office
- Deputy C.J. Stewart Cabell County Sheriff’s Office
- Director Samuel L. Stowasser II, Cabell County Sheriff’s Office
- HCO Matthew Denning, Cabell County Sheriff’s Office
- Officer Evan Wilson, Hurricane Police Department (TFO)
- Officer Nate Campbell, Marshall University Police Department (TFO)
- Officer Matt Napier, Marshall University Police Department
- Officer Ethan Smith, Marshall University Police Department
- First Sergeant Lacy J. Deskins, West Virginia State Police
- Sergeant Sally Hatten, West Virginia State Police
- Corporal Kristy Adkins, West Virginia State Police
- Trooper Nate Rodgers, West Virginia State Police
All 19 defendants in this case were convicted and sentenced to prison for their roles in a drug trafficking organization (DTO) that distributed large amounts of fentanyl, methamphetamine, cocaine, cocaine base (also known as “crack”), oxycodone, and heroin in the Huntington area. Law enforcement officers seized more than 47 pounds of fentanyl, 6.5 pounds of methamphetamine, 4.5 pounds of cocaine and 2 pounds of heroin as well as 14 firearms and more than $335,000 in cash. Nine defendants were sentenced to five years or more in prison, including four who were sentenced to prison terms of 10 years or more.
U.S. v. Jermaine Williams et al. (2:21-cr-32)
- Special Agent Charles Tippett, Drug Enforcement Administration
- Special Agent Lance Lehnhoff, DEA
- Special Agent Anthony Brumfield, DEA
- Intel Research Specialist James Summers, DEA
- Intel Research Specialist Kristi Rhoda, DEA
- Special Agent Scott M. Smith, DEA (Detroit, Michigan)
- Resident Agent in Charge David Bullard, Bureau of Alcohol, Tobacco, Firearms and Explosives
- Deputy U.S. Marshal Marc Loretta, U.S. Marshals Service
- Corporal Adam Aldridge, Charleston Police Department
- Lt. Ryan Higginbotham, Charleston Police Department
- Corporal Jonathan Weaver, Charleston Police Department (TFO)
- Corporal Anthony Thomas, Charleston Police Department (TFO)
- Sergeant Jason Webb, Charleston Police Department
- Sergeant D.M. McMillan, West Virginia State Police
This investigation, dubbed “Woo Boyz,” disrupted a DTO with ties to the Bloods and Gangster Disciples criminal gangs. During the course of the nearly year-long investigation, law enforcement seized approximately 15 pounds of methamphetamine, more than $375,000 in cash, and 45 firearms including an IMI Industries Uzi fully automatic 9mm submachine gun. Members of this DTO were involved in or suspected of numerous shootings around Charleston but particularly on the West Side. A dozen defendants were sentenced to prison terms of between two years and 20 years and one month after pleading guilty to various felony offenses.
U.S. v. Carlo Ramsey et al. (2:21-cr-163)
- Detective Jonathan Casto, Williamstown Police Department
- Special Agent Matthew Yount, DEA
The case resulted from a nearly year-long investigation dubbed “Long Time Coming.” Six defendants were convicted and sentenced to prison for their roles in a DTO responsible for distributing methamphetamine, fentanyl, cocaine and marijuana in Parkersburg and elsewhere. The investigation also yielded more than a dozen arrests on state criminal complaints in Wood County.
U.S. v. Ramon David Alston et al. (2:21-cr-172)
- Special Agent Jennifer King, FBI
- Special Agent John Reese, FBI
- Special Agent Genevieve Baushke, FBI
- Forfeiture Investigator Dean Lauffer, FBI
- Intelligence Analyst Sarah Cole, FBI
- Staff Operations Rose Chestnut, FBI
- Resident Agent in Charge David Bullard, ATF
- Sergeant Jason Webb, Charleston Police Department
- Sergeant Jared Austin, St. Albans Police Department
- Detective Justin Raynes, Nitro Police Department
- Corporal Owen Morris, Charleston Police Department (TFO)
- Detective P. J. Hodge, Kanawha County Sheriff’s Office (TFO)
- Corporal Seth Johnson, Charleston Police Department (TFO)
- Corporal Wes Daniels, Charleston Police Department (TFO)
- Lieutenant Ryan Higginbotham, Charleston Police Department
- Corporal Adam Aldridge, Charleston Police Department
- Corporal Justin Jones, Charleston Police Department
- Detective Nigel Waller, Charleston Police Department
- Detective Dakota Dennison, South Charleston Police Department
- Detective David Harvey, South Charleston Police Department
This case resulted from an investigation that dismantled a large-volume DTO that operated primarily in the Charleston, Rand, and St. Albans areas of Kanawha County from March 2019 to September 2021. The DTO distributed more than 160 pounds of methamphetamine as well as quantities of fentanyl and other drugs. Law enforcement officers seized more than 12.3 pounds of methamphetamine, approximately 34 firearms, more than $86,000 in cash, and several vehicles including three motorcycles. The investigation also prevented a fatal drug overdose in St. Albans and several violent incidents, including a plan by four of the defendants to murder an individual on Charleston’s West Side on July 4, 2021. All 17 individuals indicted in the case were convicted.
Category: Project Safe Neighborhoods
Project Safe Neighborhoods (PSN) brings 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.
Outstanding Violent Crime Case: U.S. v. Kymoni Davis (3:20-cr-18)
- Special Agent Sean McNees, ATF
- Special Agent Jeff Baker, ATF
- Sergeant Steve Maniskas, Huntington Police Department
- Sergeant Paul Matovich, Huntington Police Department
- Detective Adrian Rosario, Huntington Police Department
- Officer Ernie Blackburn, Huntington Police Department
- Lieutenant Paul Minigh, Huntington Police Department
- Lieutenant Eddie Pritchard, Huntington Police Department
- Captain Stephen Compton, Huntington Police Department
- Corporal Kyle Quinn, Huntington Police Department
Davis was sentenced to eight years in prison for being a felon in possession of a firearm, after admitted to shooting into a Huntington club on January 1, 2020.
Davis had been ejected from the Kulture Hookah Bar during a New Year’s Eve party prior to midnight. Davis returned with a 9mm pistol and fired through the front door before fleeing the scene. Seven individuals were injured in the shooting. Surveillance video captured the shooting, and along with statements from witnesses helped to identify Davis. Spent casings at the scene collected by law enforcement officers were analyzed by the National Integrated Ballistics Information Network, or NIBIN, and determined to match with a firearm seized by Charleston Police officers in an unrelated investigation. Davis was arrested in the Detroit area several months later and returned to West Virginia.
Outstanding Violent Crime Case: U.S. v. Bisheem Jones (5:22-cr-46)
- Special Agent Jarrod C. Chittum, ATF
- Special Agent Jeff Goode, Internal Revenue Service, Criminal Investigation
- Special Agent Mark Pritt, IRS-CI
Nineteen individuals were convicted of various felony offenses after participating in a conspiracy led by Jones to traffic over 140 firearms from the Beckley area to Philadelphia, Pennsylvania.
Jones and his fellow gun traffickers and other co-conspirators recruited individuals from the Beckley area to straw purchase firearms on his behalf. Jones selected the firearms for these straw purchasers to buy and provided the money to purchase them. The straw purchasers falsely certified on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Federal Firearms Transaction Records Form 4473 that they were the buyers of the firearms when they knew they were purchasing them for Jones and his trafficking conspiracy.
The conspirators took the firearms back to Philadelphia to sell for profit. Of the over 140 firearms trafficked in the conspiracy, approximately 45 have been recovered at crime scenes primarily in Philadelphia. Those have been connected to two homicides, crimes of domestic violence, and other violent offenses.
Category: Drug and Violent Crime Task Force of the Year
FBI Transnational Organized Crime West Task Force
Commander: Acting Senior Supervisory Resident Agent Adam D. Bennett, FBI
This award recognizes outstanding cooperative law enforcement efforts and endeavors that have significant and lasting community impact. This year’s award recognizes the task force’s investigative efforts in U.S. v. Scott Midkiff et al.
The TOC-West Task Force consists of officers with the Cabell County Sheriff’s Department, the Kanawha County Sheriff’s Department, the Charleston Police Department, the Beckley Police Department, the Hurricane Police Department and the Marshall University Police Department, with support from the West Virginia State Police, the Drug Enforcement Administration (DEA) and the Violent Crime and Drug Task Force West.
Category: Law Enforcement Officers of the Year
Special Agent Jarrod C. Chittum, ATF
Sergeant Bradford S. Burner, West Virginia State Police
Corporal Jonathan Weaver, Charleston Police Department
This award category recognizes federal, state, and local law enforcement officers whose work consistently stands out in significant cases and honors them for their commitment, dedication, and leadership by example.
About National Police Week and National Peace Officers Memorial Day
In 1962, President Kennedy proclaimed May 15 as National Peace Officers Memorial Day and the calendar week in which May 15 falls as National Police Week. Deputy Baker’s name is among 224 added this year of officers who were killed during 2022. An additional 332 names engraved in 2023 are of officers died in years previous to 2022. They include the names of nine officers with the McDowell County Sheriff’s Office killed in the line of duty between February 21, 1900, and October 5, 1933, and a McDowell County correctional officer killed on April 15, 1961. The full Roll Call of officers added to the National Law Enforcement Officer Memorial in 2023 is online: https://nleomf.org/wp-content/uploads/2023/04/roll-call-2023-FINAL-updated-4-21-23.pdf
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.
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U.S. Attorney Sellinger to Hold Third Town HallRead the Press Release
NEWARK, N.J. – U.S. Attorney Philip R. Sellinger and members of his staff will meet with residents in Camden next week at the third in a series of planned town hall meetings. The town hall series is one initiative of U.S. Attorney Sellinger to engage directly with citizens’ concerns and ultimately to improve public safety in New Jersey.
The town hall will be held on Monday, May 22, 2023, doors opening at 6:00 p.m. with the program beginning promptly at 6:30 p.m. to 8:30 p.m. at Tabernacle of Faith Church of God in Christ, 115 N. 5th Street, Camden, New Jersey, 08102. U.S. Attorney Sellinger will discuss the work of his office in a variety of areas, encompassing federal civil rights enforcement, including bias and hate crimes, environmental justice, violent crime, opioid-related crime, and post-incarceration programs.
This is a community event and is open to the public.
Toledo man Sentenced to Prison for Receipt and Distribution of Child PornographyRead the Press Release
TOLEDO – Zachary Ryan Balusik, 41, of Toledo, Ohio, was sentenced on Tuesday, May 16, 2023, to 168 months in prison by U.S. District Judge James R. Knepp, after he pleaded guilty to receipt and distribution of child pornography. Balusik was also sentenced to a lifetime of supervised release, $100 special assessment and ordered to pay restitution of $12,000.
According to court documents, Balusik was identified entering online chat rooms that involved streaming videos depicting the sexual exploitation of children.
On February 23, 2022, a search warrant was executed at Balusik’s residence in Toledo, Ohio where electronic devices were seized and found to contain child pornography. This child pornography depicted prepubescent children. Balusik, who was a supervisory nurse at a local hospital, admitted to investigators that he had been downloading and viewing child pornography for more than ten years.
The investigation was conducted by the Federal Bureau of Investigation in Toledo, Ohio. This case was prosecuted by Assistant U.S. Attorney Tracey Tangeman and Department of Justice Trial Attorney Charles Schmitz.
Texas Man Sentenced for String of Nebraska Pharmacy BurglariesRead the Press Release
United States Attorney Steven Russell announced that Christopher Benjamin Blanton, 30, of Fort Worth, Texas, was sentenced today in federal court in Omaha, Nebraska, for his involvement in a string of pharmacy burglaries that occurred in Nebraska. United States District Judge Brian C. Buescher sentenced Blanton to 63 months’ imprisonment. There is no parole in the federal system. After his release from prison, Blanton will begin a three-year term of supervised release. Blanton was also ordered to pay $24,917 in restitution.
From February 10, 2021 to February 12, 2021, seven Nebraska pharmacies, located in Springfield, Fremont, and Omaha, were burglarized. In response, a DEA-led task force was formed, which included the Omaha Police Department and the Nebraska State Patrol. Court-authorized warrants were obtained for cell tower data in the area of the burglaries, that when compared, established that specific cell phones were present at the different burglaries. It was determined from the data that the cell phones were traveling between Texas and Nebraska via Interstate 35. With cooperation from law enforcement agencies in Texas, Oklahoma, Kansas, and Iowa, it was determined that two individuals involved in the pharmacy burglaries were Blanton and Christopher Williams.
Williams is scheduled to enter a plea of guilty on May 24, 2023.
“DEA takes the theft and diversion of pharmaceutical drugs seriously, as many prescription medications are highly addictive,” said DEA Omaha Division Special Agent in Charge Justin C. King. “This defendant was likely driven by the money he would get selling these drugs on the black market, but the cost to public health and safety is intolerable. By his thoughtless, criminal actions, he not only harms the individuals he’s selling to, but also the people who need those medications for legitimate medical reasons. DEA is dedicated to investigating these cases and ensuring access to prescriptions for those who need them.”
This case was investigated by the Drug Enforcement Administration, the Omaha Police Department, and the Nebraska State Patrol.
Texan admits to firearms offense linked to Matamoros murder of U.S. citizensRead the Press Release
BROWNSVILLE, Texas – A 42-year-old Harlingen resident has pleaded guilty to smuggling a firearm linked to the March 3 incident involving the murder and kidnapping of U.S. Citizens in Matamoras, Mexico, announced U.S. Attorney Alamdar S. Hamdani.
Roberto Lugardo Moreno Jr. pleaded guilty today to aiding the smuggling of a firearm into Mexico knowing it was intended for members of the Gulf Cartel.
Law enforcement learned from Mexican authorities that a pistol Moreno purchased Oct. 17, 2019, was linked to the March 3 incident. The investigation revealed Moreno had obtained the firearm at a pawn shop in Brownsville. Moreno admitted to purchasing the firearm on behalf of another person he knew was going to provide it to a Gulf Cartel figure in Mexico.
“All too often, firearms are trafficked into Mexico where they end up in the hands of criminals who use them to murder, rob and extort innocent people,” said Hamdani. “Moreno helped smuggle a firearm for criminals he knew were in the Gulf Cartel who then allegedly used it to murder and kidnap American citizens. This case is a textbook example of the dangers involved when criminals transport weapons into Mexico.”
U.S. District Judge Rolando Olvera will impose sentencing Aug. 9. At that time, Moreno faces up to 10 years in federal prison and a possible $250,000 maximum fine.
He has been and will remain in custody pending that hearing.
Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the Organized Crime Drug Enforcement Task Forces (OCDETF) operation with the assistance of the FBI and Drug Enforcement Administration. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found on the Department of Justice’s OCDETF webpage.
Assistant U.S. Attorneys Edgardo J. Rodriguez, Karen Betancourt, Israel Cano and Alejandra Andrade are prosecuting the case.
State Representative Pleads Guilty to Willfully Making False Statements on a Federal Income Tax ReturnRead the Press Release
Jackson, Miss. – A Mississippi State Representative pled guilty to willfully making a false material statement on a federal income tax return, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge James Dorsey of IRS Criminal Investigation’s Atlanta Field Office.
Earle S. Banks, Sr., 68, pled guilty today in U.S. District Court in Jackson. According to admissions by Banks, he failed to report more than $500,000 of income resulting from the sale of real property. Banks admitted that he was aware of his legal duty to report that income, and instead willfully failed to report that income to the IRS on a 2018 Form 1040X tax return. Banks also admitted that the United States Attorney’s Office has sufficient evidence to convict him at trial if he had decided to go to trial instead of pleading guilty. It is against federal law to intentionally file false income tax returns which deliberately report less income than a person actually received.
Banks is scheduled to be sentenced on August 21, 2023 and faces a maximum penalty of three years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The IRS is investigating the case.
St. Louis Man Sentenced to 57 Months in Prison for Armed Robbery and Attempted RobberyRead the Press Release
ST. LOUIS – U.S. District Judge Henry E. Autrey on Wednesday sentenced a St. Louis, Missouri man who robbed a St. Louis gas station convenience store at gunpoint and tried to rob another business to 57 months in prison.
On July 15, 2019, Kevin L. Gordon, 42, robbed the convenience store at 5003 Natural Bridge Avenue at gunpoint, taking the cash register. He left his gloves and his DNA behind, however.
On Sept. 19, 2019, Gordon walked into the King Grill grocery and restaurant at 3746 St. Louis Avenue, raised his shirt to show a pistol and threatened employees. He tried to steal money from the cash register but was thwarted by employees, who wrestled the cash register away from him.
Gordon pleaded guilty in February to two counts of robbery.
The case was investigated by the St. Louis Metropolitan Police Department and the FBI. Assistant U.S. Attorney Ryan Finlen is prosecuting the case.
St. Louis County Felon Caught with Guns Sentenced to 57 MonthsRead the Press Release
ST. LOUIS – U.S. District Judge Matthew T. Schelp on Wednesday sentenced a St. Louis County, Missouri felon caught with two guns to 57 months in prison.
Travis L. Robinson, 26, also agreed to forfeit an AR-15-style pistol and a .40 caliber Glock handgun. Both guns were found after Normandy police were called to an apartment building in the 4300 block of Walker Lane for a burglary in progress. A resident reported hearing kicking and prying noises.
Robinson and another man fled when police arrived. Robinson jumped out of a third-floor window, injuring himself. Officers found tools and tool marks on one of the apartment door locks. They found an Anderson Manufacturing AM-15 pistol with a 30-round magazine, the Glock and a 50-round drum magazine for the Glock in the burglars’ car. Robinson’s DNA was on both firearms.
Robinson pleaded guilty in February to one count of being a felon in possession of a firearm. Robinson was on supervised release at the time of the crime, having been sentenced in U.S. District Court in St. Louis in 2018 to 46 months in prison for being a felon in possession of a firearm. He also has committed a series of prior tampering and burglary offenses, a sentencing memo says.
The case was investigated by the Normandy Police Department and the FBI. Assistant U.S. Attorney Paul D’Agrosa prosecuted the case.
St. Charles County Business Owner Sentenced to Prison for Failing to Pay $3.4 Million in TaxesRead the Press Release
ST. LOUIS –A business owner from St. Charles County, Missouri on Thursday was sentenced Tuesday to 21 months in federal prison for using employees’ tax money for college tuition and mortgage payments on two houses.
U.S. District Judge Stephen R. Clark also ordered Jeffrey M. Bauza, 55, of Weldon Spring to pay back $1.4 million that he still owes in taxes.
Bauza owned the truck driving schools CDL Training Service & Consulting and CDL Training Services of Missouri at the time of the crime. Bauza was required by law to withhold income, Social Security and Medicare taxes from employee wages before turning them over to the Internal Revenue Service and file quarterly employment tax returns. He willfully failed to do so from 2012-2019.
Instead, he used part of the $2.3 million in income, Social Security and Medicare taxes that he’d withheld from his employees’ paychecks for college tuition for one of his children and for mortgage payments on his home as well as a vacation home in Florida. He also failed to pay $1 million in employer contributions to the IRS.
“Mr. Bauza was aware of his payroll tax obligations. But instead of paying the funds he withheld from employee paychecks to the IRS, he used them to pay for his primary residence, a vacation home in Florida, a luxury vehicle, and private university tuition”, said IRS Criminal Investigation Special Agent in Charge, Thomas F. Murdock. “Cases such as this harm innocent taxpayers and CI’s special agents will aggressively pursue these criminals to detect and stop this type of fraud.”
Bauza pleaded guilty in November to one count of willful failure to collect or pay tax.
IRS Criminal Investigation investigated the case. Assistant U.S. Attorney Gwendolyn Carroll is prosecuting the case.
Slidell Woman Sentenced for Theft of Federal Government FundsRead the Press Release
NEW ORLEANS – LINDA REED HILL (“HILL”), age 76, of Slidell, Louisiana, was sentenced on May 16, 2023 for Theft of Government Funds in violation of Title 18, United States Code, Section 641, announced United States Attorney Duane A. Evans.
According to documents filed in federal court, beginning on or about May 1, 2004, and continuing until on or about February 28, 2021, HILL did knowingly embezzle, steal, purloin, and convert to her use, money belonging to the United States and a department and agency thereof, namely the Social Security Administration, to which she knew she was not entitled, when she withdrew funds from a joint JP Morgan Chase account registered both under her own name and Individual “A’s” name.
Prior to April 28, 2004, Individual “A” received SSA Retirement Survivor Insurance (“RSI”). After the Individual “A’s” death, from approximately May 2004 to February 2021, Individual “A” continued to receive monthly SSA disability benefits in an amount ranging from $1,310.00 - $1,518.00 per month, totaling $319,696.00. These monies were then deposited by SSA into a joint JP Morgan Chase Savings account, shared by HILL and Individual “A”. The monthly SSA funds were thereafter taken from the joint account, transferred to two different accounts listed under HILL’s name, and withdrawn by HILL.
United States District Judge Greg G. Guidry sentenced HILL to four (4) years’ probation, restitution to the Social Security Administration in the amount of $319,696, and HILL was ordered to pay a $100 mandatory special assessment fee.
The U.S. Attorney’s Office would also like to acknowledge the assistance of the Social Security Administration, Office of Inspector General with this matter. The prosecution of this case is being handled by Assistant U.S. Attorney Brian M. Klebba, Chief of the Financial Crimes Unit.
Second Clerk Sentenced for Stealing from Struggling North St. Louis County MunicipalityRead the Press Release
ST. LOUIS – The former assistant city clerk of Flordell Hills, Missouri was sentenced Wednesday to a year and a day in federal prison for stealing $159,903 from the struggling city.
U.S. District Judge Rodney W. Sippel also ordered Donna Thompson, 76, to repay the money.
Thompson is the second former employee of Flordell Hills to be sentenced this week for stealing from the city, which is roughly six blocks square, has an annual budget of about $400,000 and a population of about 800. More than half of those residents live below the poverty line.
On Tuesday, Judge Sippel sentenced the former city clerk, Maureen Woodson, 68, to 18 months in prison and ordered her to repay the $487,673 that she stole.
Both women wrote roughly 614 city checks to themselves from about February 2016 to April 2022, forging the signature of the mayor and/or treasurer and either cashing the checks or depositing them into their personal bank accounts. The mayor, the treasurer and the board of aldermen had no knowledge of the checks being written on city accounts. Woodson and Thompson used the cash for personal expenses and gambled the rest away. On about 381 occasions, Woodson and Thompson used Flordell Hills funds to directly pay for their own personal expenses, by either writing checks or wiring city funds directly to third party vendors for entertainment, restaurants, home rental payments, and personal taxes owed to the Internal Revenue Service.
Due to the financial difficulties caused by the women’s embezzlement, city officials at times did not take salaries, Assistant U.S. Attorney Hal Goldsmith said. There was not enough money for road maintenance and other vital city services. Mayor Joe Noeth and other volunteers mowed overgrown areas of the city and cleared streets and roads when they were blocked by downed trees or limbs.
Woodson and Thompson were terminated in May of 2022, after the embezzlement was discovered. Woodson had been working at the city since 2010. Thompson was hired in 2012.
Woodson and Thompson each pleaded guilty in February to one count of mail fraud and one count of wire fraud.
The FBI investigated the case. Assistant U.S. Attorney Hal Goldsmith prosecuted the case.
Rosedale Man Sentenced to 30 Months in Federal Prison for a Conspiracy to Smuggle Firearms and Other Military Items from the United States to Assist Separatists Fighting Against the Government of CameroonRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Tamufor Nchumuluh St. Michael, age 42, of Rosedale, Maryland, yesterday to 30 months in federal prison, followed by two years of supervised release, for conspiracy and for violating the Arms Export Control Act by sending firearms, ammunition, and other military-type items from the United States to Nigeria without obtaining a license from the U.S. Department of State. The arms were intended to assist separatists fighting against the government of Cameroon.
The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Special Agent in Charge James C. Harris of Homeland Security Investigations (“HSI”) Baltimore; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) Baltimore Field Division; and Special Agent in Charge Christopher Dillard of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (“DCIS”) - Mid-Atlantic Field Office.
According to his plea agreement, from at least November 2017 continuing until July 19, 2019, St. Michael and his co-defendants conspired with each other and with others to export firearms, ammunition and other military type items from the United States to Nigeria. Between March 2018 and July 2019, St. Michael and his co-conspirators purchased, both over the internet and in person, large amounts of ammunition, ammunition reloading supplies, firearms, firearm parts and other military-type items, which were sent to St. Michael’s residence. St. Michael purchased at least 24 different rifles online, which he picked up at a firearms retailer in Essex, Maryland. In each case, he certified an ATF Firearms Transaction Form certifying that he was the actual transferee or buyer of the firearm. St. Michael knew the certificates were false because the guns were purchased to export overseas.
In December 2018, a shipping container with a 1989 Toyota truck inside was delivered to the street outside St. Michael’s residence. St. Michael and other co-conspirators loaded the container, secreting 38 firearms, 28 of which had the obliterated serial numbers, including sniper rifles, SKS assault rifles (some with bayonets), other rifles and several handguns. They also concealed 44 high-capacity magazines, two rifle scopes and over 35,000 rounds of ammunition in the container The conspirators concealed the firearms, ammunition, rifle scopes, and other items in duffle bags and heavily wrapped packages inside sealed compressor units, placing those items into the shipping container. The container was sent to the Port of Baltimore for export, departing on January 17, 2019, with a destination of Onne, Nigeria. Co-conspirator Tse Ernst Bangarie caused the electronic export information (“EEI”) to be filed with the Department of Commerce, listing the contents of the container as one Toyota Tundra truck, one 1989 Toyota truck, and “doors and frames.” The EEI also listed the U.S. Principal Party in Interest as an individual with the initials M.A.O. and a non-existent address. The telephone number listed for M.A.O. corresponded with a pre-paid cellular telephone. Bangarie knew that much of the information on the EEI was false and he intentionally did not include any mention of the firearms, ammunition and other items hidden in the container.
Approximately one month later, the shipping container was ordered returned to the Port of Baltimore and on May 20, 2019, law enforcement personnel in Baltimore unsealed the container and examined its contents. In addition to the trucks and what appeared to be the contents of an old schoolhouse, the defendants and their co-conspirators had concealed firearms, ammunition, rifle scopes, and other items in duffle bags placed in the trucks and in heavily wrapped packages inside sealed compressor units, in the shipping container. In all, law enforcement recovered from the shipping container 38 firearms, 28 of which had obliterated serial numbers. The guns included sniper rifles, SKS assault rifles (some with bayonets), other rifles and several handguns. There were 44 high-capacity magazines, two rifle scopes and over 35,000 rounds of ammunition, as well as military-type items, including boots, pepper spray, zip-tie style handcuffs, hydration packs, a “ghillie suit” designed to camouflage the wearer outdoors, and other items. The ghillie suit and other items still had shipping labels on them that were addressed to St. Michael at his residence on Golden Ring Road.
Between June 4, 2019 and June 12, 2019, St. Michael, who did not know that law enforcement had searched the container, contacted U.S. Customs and Border Protection (“CBP”) several times seeking information about the container’s status. St. Michael indicated to CBP officers that he was one of five people who had put the shipment together for export and that he had cargo in the container. Eventually he sent an email to the CBP officer, attaching copies of the dock receipt and titles for the two Toyota trucks found in the container.
As detailed in his plea agreement and other court document, on July 19, 2019, law enforcement executed a search warrant at St. Michael’s residence. The basement of the residence contained machinery and equipment for the manufacturing of firearms and re-loading of ammunition, as well as rifles, handguns, firearms parts and accessories, a silencer, rifle scopes, powder, and thousands of rounds of ammunition.
St. Michael admitted that he and his co-conspirators had intentionally hidden the firearms, ammunition, and military items in the container, that he knew the information on the EEI was false, that he knew neither he nor his co-conspirators had obtained the necessary licenses or authorizations from the Departments of State or Commerce to export the firearms or military items, and that he knew his actions violated the law.
Seven other members of the conspiracy pleaded guilty to their involvement in the conspiracy. Judge Bennett sentenced Godlove Nche Manchoe, Tse Ernst Bangarie and Edith Ngang each to 46 months of incarceration and two more are awaiting are awaiting sentencing. A jury convicted three other members for the conspiracy, transportation of firearms with obliterated serial numbers, and smuggling following a jury trial in May 2022. Judge Bennett has sentenced two of those individuals, Eric Fru Nji and Wilson Nuyila Tita, to 63 months of incarceration and the third, Wilson Che Fonguh, is awaiting sentencing.
United States Attorney Erek L. Barron commended HSI, the ATF and DCIS for their work in the investigation. Mr. Barron recognized the U.S. Department of Commerce, Office of Export Enforcement; the U.S. Department of State, Diplomatic Security Service; the Naval Criminal Investigative Service; and the U.S. Postal Inspection Service for their contributions to the investigation. U.S. Attorney Barron thanked Assistant U.S. Attorney Kathleen O. Gavin, who is prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/community-outreach.
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Rochester Man Pleads Guilty to Wire Fraud for Falsifying Documents Submitted to the ArmyRead the Press Release
ROCHESTER, N.Y. -- U.S. Attorney Trini E. Ross announced today that Reginald Cannon, 55, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer to wire fraud, which carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Richard A. Resnick and Kyle P. Rossi, who are handling the case, stated that Cannon is president of Burnett Process, Inc., a Rochester based company, which, in May 2015, received a five-year contract from the United States Army to produce M98 Gas Particulate Filters. These filters are used by the Department of Defense in a wide range of military systems, such as shelters, mobile hospitals, and US Navy ships, to protect military personnel from chemical, biological, radiological, nuclear, and explosives threats. As fresh air is coming into a system, the filters push out potentially toxic substances. If the filters are not functioning properly, contaminants can get in, putting military personnel at risk. The contract, which was signed by Cannon, required that Burnett Process submit a report certifying that the supplier of the filter paper used to manufacture the M98 Filters complied with the material specifications listed in the contract. The contract also required that Burnett Process use one of two companies located in the United States whose filter paper met strict military specifications for such filter paper, or another company if such filter paper was properly tested, passed all the military specifications included in the contract, and was approved by the Army.
In September and October 2019, the Army ordered 3,650 M98 Filters at a cost of $315,944. When manufacturing these filters, Burnett Process used much cheaper filter paper from a company located in China that had not been properly tested, had not met the material specifications set forth in the contract, and had not been approved by the Army. By using the untested and unapproved cheaper filter paper, Burnett Process’ total cost to manufacture the filters was less than it should have been, which resulted in more profits for Burnett Process. Despite knowing that the proper filter paper was not used, Gannon still certified to the Army that the filter paper used was from one of the two approved filter paper suppliers in the United States.
“Manufacturers doing business with the United States Military must be held accountable to uphold the standards and terms of the contracts they sign,” stated U.S. Attorney Ross. “Using components or parts that are not government approved, could result in harm to the members of our military. Partnering with our investigative agencies, we will prosecute all businesses that attempt to deceive the government by decreasing production costs to increase their profits.”
“There must be consequences for companies and individuals who not only defraud the U.S. government and taxpayers, but potentially put our warfighters at risk,” said Matthew Scarpino, Special Agent-in-Charge of Homeland Security Investigations Buffalo. “HSI will continue to leverage its unique investigative authorities to further these investigations along with our partners within the Department of Defense and Department of Justice.”
“Protecting the integrity of the Department of Defense procurement process and supply chain is a priority for the DoD Office of Inspector General’s Defense Criminal Investigative Service (DCIS),” stated Special Agent-in-Charge Patrick J. Hegarty, DCIS Northeast Field Office. “We will continue to work with the Department of Justice and our law enforcement partners to hold individuals and companies accountable for providing substandard, substituted products to the U.S. military.”
“We are very pleased with today's announcement,” said Special Agent-in-Charge Scott Moreland of the Department of the Army Criminal Investigation Division’s Major Procurement Fraud Field Office. “This is a true testament to our continued commitment to work closely and seamlessly with our outstanding fellow law enforcement agencies to bring those to justice who attempt to defraud the U.S. Government and U.S. Army.”
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Department of Defense, Office of Inspector General’s, Defense Criminal Investigative Service, under the direction Special Agent-in-Charge Patrick J. Hegarty, Northeast Field Office, and the U.S. Army Criminal Investigation Division Command, Major Procurement Fraud Unit, under the direction of Special Agent-in-Charge Scott Moreland.
Sentencing is scheduled for August 30, 2023, at 2:00 p.m. before Judge Larimer.
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Readout of Associate Attorney General Vanita Gupta’s Meeting with Members of European Parliament to Discuss Women’s RightsRead the Press Release
Today, Associate Attorney General Vanita Gupta participated in a meeting with a delegation from the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE), alongside attendees from the White House Gender Policy Council and the U.S. Department of State. The convening, which featured representatives from Belgium, Croatia, France, Germany and Spain, was hosted by the State Department.
During the discussion, the Associate Attorney General highlighted how the Justice Department has collaborated with its federal partners to protect reproductive rights and counter gender-based violence. The group discussed how, under Attorney General Merrick B. Garland, the Justice Department established the Reproductive Rights Task Force, chaired by Associate Attorney General Gupta, as a whole-of-department effort to safeguard federal protections of reproductive rights in the aftermath of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization.
Today’s meeting takes place during National Women’s Health Week, which is observed May 14 - 20, and continues the department’s engagement with our international allies on gender-related issues. In early March, the Associate Attorney General hosted a delegation from the European Parliament’s Committee on Women’s Rights and Gender Equality (FEMM). Moving forward, the department remains committed to working closely with our international allies to safeguard and strengthen the rights of all women.
Associate Attorney General Vanita Gupta (right) with Director Margaret Pollack of the Office for the Bureau of Population, Refugees, and Migration’s Office of Multilateral and External Coordination at the U.S. State Department (far left); Senior Advisor Varina Winder for the U.S. State Department’s Office of Global Women’s Issues (left center); and Director Jennifer Klein of the White House Gender Policy Council (right center) as they discuss relevant issues with members of the European Parliament. Associate Attorney General Vanita Gupta speaks with representatives from the European Parliament, U.S. Department of State and White House Gender Policy Council.Postal Service Supervisor Charged with Misappropriation of Postal FundsRead the Press Release
CAMDEN, N.J. – A Cape May County, New Jersey, man was arrested for misappropriation of postal funds, U.S. Attorney Philip R. Sellinger announced today.
Austin T. Mahan, 42, of Cape May Court House, New Jersey, is charged by complaint with misappropriating approximately $65,000 in postal funds. Mahan appeared before U.S. Magistrate Judge Ann Marie Danio in Camden federal court on May 16, 2023, and was released on $50,000 unsecured bond.
According to documents filed in this case and statements made in court:
For approximately six months in 2022 and 2023, Mahan, who worked as a U.S. Postal Service (USPS) supervisor at the Sea Isle and Somers Point Post Offices at various times, misused USPS credit cards to make personal purchases at various retail stores in and around New Jersey. These purchases included tens of thousands of dollars’ worth of gift cards as well as various home décor items, home renovation materials, power and handheld tools, tool storage equipment, and personal items such as a Dyson cordless vacuum, LED fog light bulbs for Mahan’s personal vehicle, batteries, shampoo, shaving cream, food products and other items.
The charge of misappropriating postal funds is punishable by a maximum of 10 years in prison and a maximum potential fine of the greater of $250,000 or a sum equal to the amount of value of the money or property misappropriated from the offense.
U.S. Attorney Sellinger credited agents of the USPS, Office of Inspector General, Northeast Area Field Office, under the direction of Special Agent in Charge Matthew Modafferi, with the investigation leading to the complaint.
The government is represented by Assistant U.S. Attorney Sara A. Aliabadi of the Special Prosecutions Division in Camden.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
mahan.complaint.pdfPinckneyville Correctional Officers Indicted for Excessive Force and Obstruction of JusticeRead the Press Release
EAST ST. LOUIS, Ill. – On Tuesday, a federal grand jury returned a five-count indictment charging three correctional officers employed at Pinckneyville Correctional Center for civil rights violations and conspiring to falsify reports about the incident.
Cord A. Williams, 35, Christian L. Pyles, 25, and Mark C. Maxwell, 52, are charged in the indictment. Williams and Pyles were indicted for violation of civil rights under color of law, conspiracy to obstruct justice, and obstruction of justice. The indictment alleges that on April 24, 2022, correctional officers Williams and Pyles beat an inmate who was fully restrained with his hands cuffed behind his back and secured in leg irons. Maxwell is charged with a separate civil rights violation. That count alleges Maxwell was working as an acting lieutenant when he failed to intervene and allowed the inmate to be beaten in his presence.
As part of their official duties, correctional officers are required to write incident reports to accurately document any unusual incidents that they observe or are reported to them, including disturbances or the use of force. The conspiracy count alleges that Williams and Pyles colluded with other officers to file false reports about the incident. Williams and Pyles are separately charged with obstruction of justice for filing their false reports.
Deprivation of civil rights under color of law is punishable by up to 10 years’ imprisonment. Conspiracy to obstruct justice is punishable by up to 5 years’ imprisonment. Obstruction of justice is punishable by up to 20 years’ imprisonment. Each count also carries a possible fine of up to $250,000 and up to three years of supervised release.
“Accusations of unlawful misconduct by correctional officers must be investigated in order to protect the integrity of the criminal justice system,” said U.S. Attorney Rachelle Aud Crowe.
An indictment is merely a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The Illinois State Police are leading the investigation, and Assistant U.S. Attorney Steven D. Weinhoeft is prosecuting the case.Pelahatchie Man Sentenced to over Six Years in Prison for Trafficking HeroinRead the Press Release
Jackson, Miss. – A Pelahatchie man was sentenced to 78 months in prison for possession with intent to distribute heroin, announced U.S. Attorney Darren J. LaMarca, Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration, and Director Steve Maxwell of the Mississippi Bureau of Narcotics.
According to court documents, John “Mo Money” Moore, 55, possessed heroin with the intent to distribute it on four separate occasions in 2017 and 2018. A joint federal and state investigation resulted in the conviction of Moore in connection with the distribution of large amounts of heroin over several months. Moore supplied heroin to Erica Rhodes of Forest, Mississippi. Rhodes distributed and sold the heroin on multiple occasions in Pelahatchie and in the Jackson metropolitan area.
In January 2023, a jury convicted Moore after a trial in U.S. District Court in Jackson. Rhodes was convicted in Rankin County Circuit Court and received a 15-year sentence for her role in the drug trafficking operation.
The case was investigated by the Drug Enforcement Administration, the Mississippi Bureau of Narcotics, the Rankin County District Attorney’s Office, the Rankin County Sheriff’s Office, the Scott County Sheriff’s Office, the Ridgeland Police Department, the Pearl Police Department, the Flowood Police Department, the National Guard Counter Drug Unit, the Hinds County Sheriff’s Office, and the Jackson Police Department.
Assistant U.S. Attorneys Carla J. Clark and Charles W. Kirkham are prosecuting the case.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. 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.
Passenger admits meth trafficking, gun crimes after attempted traffic stop led to shooting of Great Falls police officerRead the Press Release
GREAT FALLS — A woman passenger today admitted to methamphetamine trafficking and firearm crimes after the driver allegedly shot and wounded a Great Falls police officer during an attempted traffic stop in March, U.S. Attorney Jesse Laslovich said.
Nikki Marie Snell, 38, of Harlem, pleaded guilty to possession with intent to distribute meth and to prohibited person in possession of a firearm as charged in a superseding information. Snell faces a mandatory minimum of five years to 40 years in prison, a $5 million fine and at least four years of supervised release on the drug crime and a maximum of 10 years in prison, a $250,000 fine and three years of supervised release on the firearm crime.
Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Oct. 19. Snell was detained pending further proceedings.
In court documents, the government alleged that in July 2022, the Russell Country Drug Task Force in Great Falls learned that Snell was trafficking meth in the community and either supplied other distributors or distributed it herself. In August 2022, agents twice obtained meth from Snell through another individual.
The government further alleged that on March 7, Great Falls police officers attempted a traffic stop of a car from Billings, but the car fled. Officers did not pursue but looked in the area for the vehicle and its occupants. Officers found the car and saw a man, later identified as the driver, and Snell, the passenger, walking away from it. Snell stopped and complied with the officers, while the driver ran away while carrying a brown purse. An officer chased the driver, who shot the officer numerous times, wounding him. During the pursuit and shooting, the driver dropped the purse. Officers recovered the purse and found a 9mm semi-automatic handgun inside. The handgun was a different firearm from the one used in the shooting. Snell admitted that the recovered purse was hers and that she knew it contained the handgun. Snell has a prior federal felony conviction for assault and was prohibited from possessing firearms.
Assistant U.S. Attorney Jessica A. Betley is prosecuting the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, Montana Division of Criminal Investigation and Great Falls 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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Paducah Resident Sentenced to over 12 Years in Federal Prison for Methamphetamine and Firearm ChargesRead the Press Release
Paducah, KY – A Paducah man was sentenced to federal prison yesterday for methamphetamine distribution and possession of a firearm by a convicted felon.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge R. Shawn Morrow of the ATF Louisville Field Division, Special Agent in Charge J. Todd Scott of the DEA Louisville Field Division, Commissioner Phillip Burnett, Jr. of the Kentucky State Police, Chief Jason Newby of the Hopkinsville Police Department, Sheriff Ryan Norman of the McCracken County Sheriff’s Office, and Sheriff Brent White of the Lyon County Sheriff’s Office made the announcement.
According to court documents, Trevion Clary, 31, was sentenced to 12 years and 6 months in prison, followed by a 5-year term of supervised release, for two counts of possessing with the intent to distribute more than 50 grams of methamphetamine, one count of possessing with the intent to distribute more than 50 grams of a methamphetamine mixture, and possession of a firearm by a convicted felon. There is no parole in the federal system.
“I commend the work of our federal and state partners in this case as well as the collaborative effort of KSP, the Hopkinsville Police Department, the McCracken County Sheriff’s Office, and the Lyon County Sheriff’s Office,” stated U.S. Attorney Bennett. “Western Kentucky state and local law enforcement professionals are force multipliers and key to our ability to effectively enforce federal law. Real law enforcement collaboration results in safer communities for the citizens of the Western District.”
The case was investigated by the ATF Paducah Satellite Office, the DEA Paducah Post of Duty Office, the Kentucky State Police, the Hopkinsville Police Department, and the McCracken County Sheriff’s Office with assistance from the Lyon County Sheriff’s Office.
Assistant U.S. Attorney Seth Hancock, of the U.S. Attorney’s Paducah Branch Office, prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. effective
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Paducah Man Sentenced to 14 Years in Federal Prison for Methamphetamine and Firearm OffensesRead the Press Release
Paducah, KY – A Paducah man was sentenced yesterday for charges related to methamphetamine distribution and for possession of a firearm by a convicted felon.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge J. Todd Scott of the DEA Louisville Field Division and Sheriff Ryan Norman of the McCracken County Sheriff’s Office made the announcement.
According to court documents, James Russell “Rusty” Hayden, 51, of Paducah, was sentenced to 14 years, followed by a 5-year term of supervised release, for conspiring to distribute methamphetamine, possessing methamphetamine with the intent to distribute it, and possession of a firearm by a convicted felon. There is no parole in the federal system.
The case was investigated by the DEA Paducah Post of Duty Office and the McCracken County Sheriff’s Office, with assistance from the Marshall County Sheriff’s Department and the ATF.
Assistant U.S. Attorney Seth Hancock, of the U.S. Attorney’s Paducah Branch Office, prosecuted the case.
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Orange County, NY, Man Pleads Guilty to Threatening A State Official and A Federal JudgeRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Daniel DeGroat, 30, of Middletown, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. mailing threatening communications to a United States judge. The charge carries a maximum penalty of 10 years in prison, and a $250,000 fine.
Assistant U.S. Attorneys Franz M. Wright and Jonathan P. Cantil, who are handling the case, stated that in November 2020, DeGroat was incarcerated at Wende Correctional Facility in Alden, NY. On November 3, 2020, he mailed an envelope from the correctional facility addressed to Victim 1, a United States Judge, which contained a letter threatening to injure Victim 1 and her spouse. DeGroat stated that he hoped to infect Victim 1 with the Coronavirus and terrorize her, and he hoped Victim 1 and her husband died after being infected by the Coronavirus. Also, on November 3, 2020, DeGroat mailed an envelope to Victim 2, a New York State Department of Corrections Official. That letter included threats to injure Victim 2, as well as Victim 2’s spouse. In July 2021, the FBI positively identified DeGroat’s DNA on both letters.
The plea is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; and the U.S. Marshals Service, under the direction of Marshal Charles Salina.
Sentencing is scheduled for September 15, 2023, before Judge Sinatra.
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Omaha Man Sentenced for Felon in Possession of a FirearmRead the Press Release
United States Attorney Steven Russell announced that United States District Court Judge Brian C. Buescher sentenced Lugene Burnett, 59, of Omaha, Nebraska, to 21 months’ incarceration for Felon in Possession of a Firearm. There is no parole in the federal system. After his release from prison, Burnett will serve a 3-year term of supervised release.
On May 18, 2022, Burnett went to Sol’s Jewelry and Loan and pawned a Savage Arms Springfield 120A .22L rifle for $45. On May 13 and May 22, 2022, Burnett also pawned ammunition at Sol’s. During the transactions, Burnett’s driver’s license was copied, his fingerprints were taken, he was photographed, and he signed documents completing the transaction. The rifle was examined by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and was determined to have traveled in interstate commerce prior to Burnett’s possession. The Omaha Police Department investigated the history of the firearm and determined that the firearm belonged to Burnett’s girlfriend’s great uncle who had passed away. Burnett’s girlfriend was present in the pawnshop during the transactions, but Burnett was the one handling the firearm and ammunition and completing the transactions.
Prior to May 13, 2022, Burnett had been and knew he had been convicted of felonies to include Sexual Abuse in the Second Degree and Sexual Abuse in the Third Degree in Iowa and Sex Offender Registration and Notification Act Violation in Nebraska.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partner: Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Omaha Police Department. For more information about Project Guardian, please see www.justice.gov/archives/ag/about-project-guardian.
North Dakota man sentenced to prison for armed fentanyl trafficking in Great Falls areaRead the Press Release
GREAT FALLS — A North Dakota man who admitted to trafficking fentanyl in the Great Falls community after law enforcement found hundreds of fentanyl pills and a loaded firearm in a vehicle he was driving, was sentenced today to five years and six months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.
Kelly Sterling Wait, 45, of Williston, North Dakota, pleaded guilty in January to possession with intent to distribute controlled substances.
Chief U.S. District Judge Brian M. Morris presided.
The government alleged in court documents that in October 2022, Russell Country Drug Task Force agents surveilling a motel room in Great Falls observed Wait and an associate leave the room, get into a vehicle and drive a short distance. Law enforcement officers stopped the vehicle, which Wait was driving. Wait had a loaded 9mm pistol in his immediate possession, 186 fentanyl pills and more than $3,000 in cash. Officers found additional fentanyl pills in the trunk and passenger seat area.
Assistant U.S. Attorney Ethan R. Plaut prosecuted the case, which was investigated by the Russell Country Drug Task Force, Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, Montana Highway Patrol and Great Falls Police Department.
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Normal, Illinois, Woman Pleads Guilty to Illegally Purchasing Firearm Used to Shoot and Kill Champaign Police OfficerRead the Press Release
PEORIA, Ill. – A Normal, Illinois, woman, Regina Lewis, 28, of the 1200 block of Major Street, pleaded guilty on May 16, 2023, to conspiracy to illegally purchase and transfer a firearm and conspiracy to engage in misleading conduct. Sentencing for Lewis has been scheduled on October 2, 2023, at the U.S. Courthouse in Urbana, Illinois.
In court before U.S. Magistrate Judge Jonathan E. Hawley, Lewis admitted that she conspired with co-defendant Ashantae Corruthers and Darion M. Lafayette, now deceased, to purchase and transfer a firearm to Lafayette, who could not legally purchase a firearm himself because he was a convicted felon. Such a transaction is commonly known as a “straw purchase.” During the hearing, the government stated that, on November 17, 2020, at the direction of Lafayette and Lewis, Corruthers purchased a Glock 48, nine-millimeter, semi-automatic pistol and Sellier & Bellot, nine-millimeter ammunition, from a federal firearms licensee (FFL) in Indianapolis. During the purchase, Corruthers falsely certified on an ATF form that she was the actual buyer of the firearm, when in fact, she purchased the firearm for Lafayette and transferred it to him.
Lewis further admitted that she conspired with Corruthers and Lafayette to cover up the discovery of their illegal purchase and transfer of the firearm by having Corruthers falsely report to the Indianapolis Metropolitan Police Department on April 26, 2021, that the Glock pistol was stolen from her around March of 2021. The government stated that, approximately twenty-three days after Corruthers falsely reported the firearm stolen, Lafayette used the firearm to shoot and kill Champaign Police Officer Christopher Oberheim in Champaign, Illinois. Lewis admitted that she and Corruthers continued the cover-up after Oberheim’s death by agreeing to have Corruthers falsely tell an ATF Special Agent investigating the officer-involved shooting that she purchased the gun for herself, that it was stolen from her in March of 2021, and that she did not know Lafayette.
Lewis remains in the custody of the U.S. Marshals Service pending sentencing.
Lewis faces statutory penalties of up to five years in prison for conspiracy to illegally purchase and transfer a firearm and up to twenty years in prison for conspiracy to engage in misleading conduct. Each charge also carries a penalty of up to three years of supervised release and up to a $250,000 fine. The trial of Corruthers is scheduled to begin on June 27, 2023, in Urbana, Illinois.
The case investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Supervisory Assistant U.S. Attorney Eugene L. Miller is representing the government in the prosecution.
New York Man Sentenced to 33 Months in Money Laundering CaseRead the Press Release
GREENSBORO, N.C. - A resident of New York was sentenced to 33 months of imprisonment and three years of supervised release after a federal jury convicted him of conspiracy to commit money laundering, announced United States Attorney Sandra J. Hairston of the Middle District of North Carolina.
KAODICHIMMA OKECHUKWU ANYANWU of Valley Stream, New York, was sentenced to a 33-month term of imprisonment by the Honorable William L. Osteen, Jr., United States District Judge in the United States District Court for the Middle District of North Carolina. In addition to prison time, ANYANWU was ordered to serve three years of supervised release and pay a special assessment of $100.00.
According to court filings and evidence at trial, the case involved a business email compromise, which was an act of wire fraud, and a group of individuals who subsequently laundered the proceeds of that crime. A business email compromise or “BEC” is a cyber fraud scheme through which criminals target companies, large and small, that frequently transfer money by wires. In the typical BEC scheme, criminals use information obtained through a computer intrusion or social engineering to send spoofed emails or other phishing emails in an effort to trick the company’s employees into conducting unauthorized and unintended transfers of funds. Once the victim of the BEC transfers money to the criminal network, individuals who receive ill-gotten gains from these types of crimes frequently open bank accounts in the names of shell companies, fictitious identities, or stolen identities in an attempt to distance their true selves from being associated with the crime.
In this case, according to court filings and evidence at trial, ANYANWU’s co-conspirators obtained approximately $660,766 through a BEC that victimized a public university located within the Middle District of North Carolina. ANYANWU, who was born in Nigeria, laundered approximately $67,921 of that money through a bank account ANYANWU held in the name of an alias.
A federal jury convicted ANYANWU after a week-long trial.
“Business email compromises like the one in this case continue to threaten organizations and institutions across the United States,” said United States Attorney Hairston. “Alongside our law enforcement partners, we will continue to pursue the criminals who, here or abroad, participate in any way to further these conspiracies.”
The investigation was undertaken by Federal Bureau of Investigation and was prosecuted by Assistant United States Attorneys Tanner Kroeger and Nicole DuPré.
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New Orleans Man Indicted for Arson and Possession of Destructive DevicesRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced today the unsealing of a two-count indictment returned on May 5, 2023, that charged RICKY WILSON, age 29, a resident of New Orleans, Louisiana, for violation of the National Firearms Act.
WILSON is charged in Count One with arson in violation Title 18, United States Code, Section 844(i)(1) and in Count Two with possession of destructive devices, identified as incendiary devices commonly known as Molotov cocktails, in violation of Title 26, United States Code, Section 5861(d).
As to Count One, WILSON faces a term imprisonment of not less than 5 years and a maximum term of not more than 15 years, a fine of up to $250,000, and up to 3 years of supervised release; as to Count Two, he faces a maximum term of imprisonment of 10 years, a fine of up to $10,000, and up to 3years of supervised release. Each count carries a mandatory special assessment fee of $100.
U.S. Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven 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 Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Jefferson Parish Sheriff’s Office. Assistant United States Attorney Mark A. Miller of the Violent Crimes Unit is assigned the prosecution.
New Jersey Man Indicted for Passing over $2,600 in Counterfeit Currency at Stores in Lackawanna, Lycoming and Columbia CountiesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brandon Williams, age 35, of Mercer County, New Jersey, was indicted yesterday by a federal grand jury on charges of passing counterfeit federal reserve notes.
According to United States Attorney Gerard M. Karam, the indictment alleges that on April 20, 2022, Williams and an unidentified female co-conspirator passed $1,400 in counterfeit bills at the Michaels store in Dickson City and $750 in counterfeit bills at the CVS Pharmacy located on Green Ridge Street in Scranton. On April 23, 2022, Williams passed $280 in counterfeit bills at the Walmart in Montoursville, $160 in counterfeit bills at the Weis Market in Montoursville and attempted to pass additional counterfeit bills at the Dollar Tree in Bloomsburg but was unsuccessful.
The charges resulted from an investigation conducted by the United States Secret Service, the Dickson City Police Department, the Scranton Police Department, the Montoursville Police Department, and the Hemlock Township Police Department. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
The maximum penalty under federal law for each charge is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Missing Marksmanship Medals Returned to Springfield Armory National Historic SiteRead the Press Release
BOSTON – Earlier today, the United States Attorney’s Office for the District of Massachusetts, the Boston Division of the Federal Bureau of Investigation and the National Park Service held a ceremony to mark the return of the late-19th century marksmanship medals that went missing from the Springfield Armory, a national historic site located in Springfield, Mass., in the 1990s.
“The medals you see before you are a part of Massachusetts history that should be preserved for the benefit of the public. Today, we return the 24 marksmanship medals that were unlawfully removed from the Springfield Armory many years ago,” said United States Attorney Rachael S. Rollins. “This recovery would not have been possible without the efforts between the FBI, the National Park Service, and my office’s Asset Recovery Unit – whose collaboration is an example of our commitment toward the protection and preservation of our Commonwealth’s history. We are proud to say that these artifacts have returned to their rightful home.”
“As we return these treasured medals, we do so with the purpose of preserving history. Their absence represented not just a physical and financial loss, but a loss to every visitor who missed out on viewing these significant pieces of military history, and our nation’s heritage. The FBI is honored to be able to return them to their rightful owner,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Combating the theft and sale of stolen historical property is a top priority of the FBI’s art crime team, and we’re grateful for the partnerships in this case that allowed us to recover, protect, and preserve these historic artifacts.”
“Thanks to the efforts of federal law enforcement officers the National Park Service is happy to have these medals returned to their rightful owners, the American people,” said Kirsten Talken-Spaulding, Deputy Regional Director of the National Park Service. “These medals are returned to Springfield Armory, where federal employees have the expertise to preserve them for future generations to appreciate.”
The medals were awarded to Milan Bull and Freeman Bull, members of the Massachusetts Volunteer Militia in the late 1800s. The daughter and niece of Freeman Bull and Milan Bull donated the medals to the Springfield Armory in 1944.
In October 2021, a collector contacted Curator Alex MacKenzie at the Springfield Armory inquiring about the marksmanship medals. Based on the information provided by the collector, the Springfield Armory was able to determine that numerous items matching the collector’s items were missing from the Armory’s collection since the 1990s.
The Federal Bureau of Investigation subsequently seized the medals. It is a violation of federal law to embezzle, steal, purloin, or knowingly convert, or, without authority, to sell, convey or dispose of government property.
In July 2022, the United States Attorney’s Office for the District of Massachusetts filed a civil forfeiture action against the medals. A civil forfeiture action allows third parties to assert claims to property, which must be resolved before the property can be forfeited to the United States and returned to victims. After the conclusion of the forfeiture case, the Department of Justice granted the National Park Service’s petition for remission to return the medals.
U.S. Attorney Rollins, FBI SAC Bonavolonta and NPS Deputy Regional Director Talken-Spauling made the announcement today. The civil forfeiture action was prosecuted by Assistant U.S. Attorney Carol E. Head, Chief of Rollins’ Asset Recovery Unit.
ABOUT THE PARK: Springfield Armory National Historic Site is the location of the nation’s first armory (1794 – 1968) and was established by George Washington. The site includes historic grounds, buildings, and the world’s largest historic American military firearms collection. For updates and further information call 413-734-8551, check the website at https://www.nps.gov/spar/index.htm or go to https://www.facebook.com/SPARNHS/.
Minnesota Man Charged in Connection with “Ruby Slippers” TheftRead the Press Release
A federal grand jury returned an indictment against Terry Martin for the theft of an object of cultural heritage from the care, custody, or control of a museum. Martin is charged with one count of theft of major artwork. The indictment was filed on May 16 in the U.S. District Court for the District of Minnesota in Minneapolis.
The Indictment alleges that in 2005, Martin stole an authentic pair of ruby slippers worn by Judy Garland in the 1939 film, “The Wizard of Oz,” from the Judy Garland Museum in Grand Rapids, Minnesota. At the time of theft, the slippers were insured for $1 million but current fair market appraisal value the slippers at $3.5 million.
The ruby slippers, which were recovered by the FBI and Grand Rapids Police Department in July 2018, are one of the four remaining pairs and are widely viewed as among the most recognizable memorabilia in American film history.
The charges announced today are the result of a federal investigation into the initial theft of the ruby slippers. The investigation is being conducted by the FBI’s Minneapolis Division.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
This matter was assigned to the U.S. Attorney’s Office for the District of North Dakota pursuant to 28 U.S.C. § 515(a).
Because the case is ongoing, the United States Attorney’s Office for the District of North Dakota will have no additional comment at this time.
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Mingo County Man Sentenced to Prison for Federal Drug CrimesRead the Press Release
CHARLESTON, W.Va. – Paul Thomasson, 57, of Delbarton, was sentenced today to five years in prison, to be followed by three years of supervised release, for two counts of distribution of methamphetamine.
According to court documents and statements made in court, Thomasson admitted to selling quantities of methamphetamine to a confidential informant at his residence in Delbarton on October 4, 2021, and October 12, 2021.
On October 20, 2021, law enforcement officers arrested Thomasson at his residence on a warrant. Officers searched the residence and found more than 1 pound of fentanyl, 30 grams of fentanyl, three firearms and $12,089.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Route 119 Drug Task Force.
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Ryan Blackwell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-141.
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Mexican National Pleads Guilty to Federal Narcotics and Firearms Offenses for Maintaining Stash House in DC Apartment BuildingRead the Press Release
WASHINGTON – Eder Luciano Pacheco, 36, a citizen of Mexico, pleaded guilty today to maintaining a drug-involved premises and unlawful possession of a firearm by an alien illegally or unlawfully in the United States. The plea was announced by U.S. Attorney Matthew M. Graves, Special Agent in Charge Jarod Forget, of the Washington Division of the U.S. Drug Enforcement Administration (DEA), and Chief Robert J. Contee III, of the Metropolitan Police Department.
Luciano Pacheco entered the plea in the United States District Court for the District of Columbia. Chief Judge James E. Boasberg scheduled a sentencing hearing for August 31, 2023.
According to the government’s evidence, on May 28, 2022, members of the Metropolitan Police Department responded to an apartment building in the District’s Southwest Waterfront neighborhood after receiving a report that a vacant apartment unit was being unlawfully occupied. Upon officers’ entry into the unit, the defendant exited a bedroom and made his presence known to police. Officers observed large bags of a leafy green substance consistent in appearance with marijuana. Officers also observed several large duffle bags containing suspected marijuana. The substance was later weighed, and a representative sample was field tested. The substance weighed approximately 618.75 pounds (approximately 280.66 kilograms) and field-tested positive for tetrahydrocannabinol (THC), the main psychoactive compound in marijuana. Officers recovered a loaded semi-automatic handgun from the bedroom the defendant had been occupying when they first entered the unit. The defendant advised officers that there was another gun in a cabinet above the refrigerator. The few other items in the apartment, such as a FoodSaver vacuum sealer, indicated that the apartment was being used to repackage bulk marijuana for further distribution.
Luciano Pacheco was arrested on May 28, 2022, and has remained in custody ever since.
Maintaining a drug-involved premises carries a maximum sentence of 20 years in prison and a fine of up to $500,000. Unlawful possession of a firearm by a person illegally or unlawfully in the United States carries a maximum sentence of 10 years in prison and a fine of up to $250,000. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentence imposed in this case will be determined by the Court after considering the United States Sentencing Guidelines and other statutory factors.
In announcing the plea, U.S. Attorney Graves, Special Agent in Charge Forget, and Chief Contee commended the work of those who investigated the case from the Drug Enforcement Administration and the Metropolitan Police Department. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Karla Nunez.
Finally, they commended the efforts of Assistant United States Attorneys Paul V. Courtney and Samuel Frey, who investigated and prosecuted the case.
Mexican Man Sentenced to Ten Years in Prison for Conspiring to Distribute MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Alfredo Escobar, 40, of Guanajuato, Mexico, was sentenced today in federal court in Omaha, Nebraska, for Conspiracy to Possesses with the Intent to Distribute Methamphetamine. United States District Court Judge Brian C. Buescher sentenced Escobar to 10 years in prison. There is no parole in the federal system. After his release from prison, Escobar will begin a five-year term of supervised release.
Law enforcement made two controlled purchases of methamphetamine from Escobar over the course of a 10-month period in the Omaha area. The first buy was for one ounce of methamphetamine on August 3, 2020. The second buy was for two ounces of methamphetamine on June 1, 2021. On June 11, 2021, a search warrant was served on Escobar’s Omaha residence with officers locating approximately one pound of methamphetamine. During a post-arrest interview, Escobar admitted to his involvement in distributing methamphetamine.
This case was the result of an investigation by the Omaha Police Department.
Mexican Man Sentenced for Drug Trafficking ConspiracyRead the Press Release
United States Attorney Steven Russell announced that Tomas Lorenzo-Cruz, 45, of Mexico, was sentenced on May 16, 2023, in federal court in Omaha, Nebraska, for his participation in a methamphetamine drug conspiracy. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Lorenzo-Cruz to 135 months’ imprisonment. There is no parole in the federal system. After his release from prison, Lorenzo-Cruz will begin a five-year term of supervised release.
Beginning in November 2020, the Drug Enforcement Administration initiated Operation Pollos Socios, an Organized Crime Drug Enforcement Task Forces (OCDETF) to investigate the distribution activities of a Mexican-based Drug Trafficking Organization (DTO) active in Omaha, Nebraska. This investigation included numerous warrants including a court-authorized Title III interception of phone calls and text messages. During the investigation, DEA special agents identified Lorenzo-Cruz as a methamphetamine distributor for the DTO. A Title III intercept of Lorenzo-Cruz’s phone led investigators to other co-conspirators. Ultimately, a search warrant was executed on a stash house that resulted in the seizure of 21 pounds of pure methamphetamine.
Lorenzo-Cruz was the last defendant to be sentenced as part of this investigation. Fidel Cardenas-Alvarez was sentenced on December 9, 2022, to 144 months’ imprisonment. Darald Sandman was sentenced on March 6, 2023, to 138 months’ imprisonment. Teresa Forbes was sentenced on March 6, 2023, to 70 months’ imprisonment.
“The Sinaloa Cartel is one of two Mexican drug trafficking organizations who have made their destructive presence felt in the United States and within our own Midwestern communities,” Drug Enforcement Administration Special Agent in Charge Justin C. King said. “The DEA remains focused on targeting and disrupting associates and distributors of the Cartel. Today’s sentencing is the result of the cooperative efforts between several state, local and federal law enforcement partners. Working together we can make a positive impact in Nebraska.”
This effort is part of an 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 was investigated by the Drug Enforcement Administration and the Omaha Police Department.
Memphis Man Charged with Trafficking Counterfeit Airbags from ChinaRead the Press Release
Memphis, TN – Mohammed Al-Abadi, 51, of Memphis, has been indicted and arrested for one count of trafficking in counterfeit goods and one count of causing the criminal transportation of hazardous materials by air carrier. United States Attorney Kevin Ritz announced the charges today.
According to United States Attorney Ritz and the information presented in court, from about October 1, 2019, to January 14, 2021, Al-Abadi imported counterfeit motor vehicle airbag parts from China, assembled them and then sold them on eBay to unsuspecting automobile repair shops and individual customers. Federal agents recovered more than 2,000 counterfeit airbags and parts from the defendant’s residence and place of business.
“The alleged actions of the defendant have placed unsuspecting motorists and the general public in harm’s way,” said United States Attorney Kevin Ritz. “Vehicle airbags are subject to strict quality standards which must be followed to ensure passenger safety. The defendant’s alleged actions undermined the efforts of the automobile industry and regulatory bodies to keep the public safe.”
“The diligent and extensive investigative work by our special agents led to the discovery of the sale of fraudulent, counterfeit airbags, sold by bypassing regulatory oversight meant to keep dangerous and ineffective products out of the U.S. market,” said Special Agent in Charge Rana Saoud, HSI Nashville. “The defendant will now have to answer for his alleged criminal actions that put consumers lives at risk.”
“Counterfeit air bags are not regulated or tested to ensure they meet federal safety standards, and when transported and used by unsuspecting consumers, they can be unsafe and lead to potentially grave consequences,” said Todd Damiani, Special Agent in Charge, Department of Transportation Office of Inspector General, Southern Region. “The indictment and arrest handed down demonstrates the continuous coordination with our federal and prosecutorial partners to curtail the flow of these dangerous and illegal automobile products into the United States.”
If convicted, Al-Abadi faces up to ten years imprisonment and a fine of two million dollars for trafficking in the counterfeit airbags and up to five years’ imprisonment and a fine of $250,000 for causing the transportation of hazardous materials by air carrier. Both charges also carry a period of up to three years supervision following release from imprisonment. There is no parole in the federal system.
Members of the public are reminded that an indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt.
This case is being investigated by Homeland Security Investigations and the United States Department of Transportation-Office of Inspector General.
Assistant United States Attorney Raney Irwin is prosecuting this case.
McAlester Resident Sentenced for Arson in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Dalyn Ray Lane Johnson, age 24, of McAlester, Oklahoma, was sentenced on May 4, 2023, to 39 months in prison for Arson in Indian Country.
The charges arose from an investigation by the Hartshorne Police Department, the Oklahoma State Fire Marshal, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to investigators, on April 29, 2021, Johnson started a fight with a Hartshorne resident, and threatened to return and burn down the house. That same afternoon, video surveillance showed Johnson filling a fuel canister with gasoline at a Casey’s gas station. In the early morning hours of May 1st, the Hartshorne Fire Department responded to an emergency call and extinguished a fire at an unoccupied residence. Johnson fled, attempting to evade prosecution, and was later arrested on a federal warrant in Michigan on October 21st.
On March 9, 2022, Johnson pleaded guilty to Arson in Indian Country.
“Johnson’s arrest and conviction for arson was a team effort that resulted in a serious violent crime being solved and the perpetrator held accountable,” said SSA Ashley Stephens, Resident Agent in Charge, ATF Tulsa Field Office. “ATF is committed to working with our state, local and tribal partners to tirelessly combat violent crime in Eastern Oklahoma.”
"Arson can sometimes be a difficult crime to prosecute,” said United States Attorney Christopher J. Wilson. “Our law enforcement partners did an excellent job of gathering evidence and tracking down the defendant hundreds of miles from the crime scene.”
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Pittsburg County, within the boundaries of the Choctaw Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing in Muskogee. Johnson was remanded to the custody of the U.S. Marshal at the conclusion of sentencing and will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Assistant United States Attorney Anthony C. Marek represented the United States.
Man Indicted for Meth TraffickingRead the Press Release
WICHITA, KAN. – A federal grand jury in a Wichita returned an indictment charging a Kansas man on drug trafficking charges.
According to court documents, Noel Carias Marin, 47, of Wichita was indicted on four counts of distribution of methamphetamine and one count of possession with intention to distribute methamphetamine. Marin has been known to also go by the name Ruben Gonzalez Lopez.
The Sedgwick County Sheriff’s Office is investigating the case.
Assistant U.S. Attorneys Ola Odeyemi and Katie Andrusak are prosecuting the case.
OTHER INDICTMENTS
Cody McCormick, 27, of Wichita was indicted on three counts of making a threat against the President of the United States. The U.S. Secret Service is investigating the case. Assistant U.S. Attorneys Matt Treaster and Katie Andrusak are prosecuting the case.
Kenny Rivera-Colon, 28, of Wichita was indicted on one count of possession of a firearm by a convicted felon. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is investigating the case. Assistant U.S. Attorneys Matt Treaster and Katie Andrusak are prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Man Charged with Forcibly Assaulting U.S. Government Employee at Congressman’s OfficeRead the Press Release
ALEXANDRIA, Va. – A criminal complaint has been filed charging a Fairfax man with assault of an employee of the United States engaged in the performance of official duties, which inflicted bodily injury.
According to allegations in the complaint, on May 15, Xuan-Kha Tran Pham, 49, entered the District Office of Congressman Gerald E. “Gerry” Connolly in Fairfax with a baseball bat. At that time, a member of Congressman Connolly’s staff (Victim 1) was showing a a new intern (Victim 2), how to complete administrative tasks. Using the bat, Pham allegedly struck Victim 1 on the head, causing her to fall to the floor, and struck Victim 2 in the ribs. He then returned to hitting Victim 1, allegedly saying, “I’m going to kill you” and “you’re going to die.” Victim 1 estimated that the defendant struck her approximately eight times. At one point thereafter, Pham was allegedly heard yelling, “Gerry,” and that he wanted to “talk to Connolly” as he destroyed items in the office with his bat.
City of Fairfax Police Department officers responded to the scene, restrained Pham and placed him under arrest. Pham remains detained pending local charges being pursued by the Fairfax County Commonwealth’s Attorney’s Office.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Wayne A. Jacobs, Special Agent in Charge of the FBI Washington Field Office Criminal Division, made the announcement.
Assistant U.S. Attorney Alexander E. Blanchard is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:23-mj-107.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
MEDIA ADVISORY: U.S. Attorney’s Office to Host Elder Justice Initiative on Friday in GarnerRead the Press Release
RALEIGH, N.C. – The U.S. Attorney’s Office for the Eastern District of North Carolina is hosting a lunch and learn event to ‘Build Strong Support for Older Americans by Learning More about Elder Abuse.’ The event is sponsored by the U.S. Attorney’s Office, the U.S. Postal Inspection Service, the Federal Bureau of Investigation, the Garner Senior Center, and Meals on Wheels. Registration for the event is not required.
WHERE: Garner Senior Center, 205 East Garner Road, Garner, NC 27529
WHEN: Friday, May 19, 2023, from 11:30 am - 12:30 pm (Meals on Wheels will serve lunch beginning at 10:45)
Media: please arrive at the Garner Senior Center by 11:00 for set up.
For logistical information in advance of the media availability, please contact Don Connelly at [email protected].
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Luzerne County Man Sentenced to Seven Years’ Imprisonment for Methamphetamine and Fentanyl TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that William Heck, age 42, of Hazleton, Pennsylvania, was sentenced today by U.S. District Court Judge Malachy E. Mannion, to seven years’ imprisonment for possession with intent to distribute more than fifty grams of methamphetamine and an additional amount of fentanyl.
According to United States Attorney Gerard M. Karam, Heck previously pleaded guilty and admitted to possessing more than fifty grams of methamphetamine and additional amounts of fentanyl for distribution in the Hazleton area of Luzerne County in 2020. The charges stem from an incident on October 2, 2020, in which members of the Pennsylvania State Police served a search warrant at a residence in Hazleton, where Heck was living, and seized 226 grams of methamphetamine, 2,464 packets of fentanyl, $4,452 in U.S. currency, and other items of drug paraphernalia.
The charges resulted from an investigation conducted by the Pennsylvania State Police and the FBI Safe Streets Task Force. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Louisville Man Indicted by Federal Grand Jury for Bomb Hoax and Assaulting Federal OfficersRead the Press Release
Louisville, KY – A federal grand jury in Louisville returned an indictment today charging a local man with one count of violating a federal law prohibiting false information and hoaxes and with three counts of assaulting federal officers.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky and Special Agent in Charge Kelly Moening of the Treasury Inspector General for Tax Administration (TIGTA) Louisville Field Office made the announcement.
According to court documents, on April 17, 2023, Cameron Hyatt, 29, engaged in conduct with intent to convey false and misleading information under circumstances where such information may reasonably be believed in that he threatened to bomb an Internal Revenue Service processing facility where he previously worked as a contract employee. Additionally, on April 20, 2023, Hyatt assaulted, resisted, or impeded three TIGTA Special Agents.
Hyatt was arrested on a federal criminal complaint on April 20, 2023. He remains in federal custody. Hyatt’s next court appearance is scheduled for May 23, 2023, before a U.S. Magistrate Judge in the United States District Court for the Western District of Kentucky. If convicted, Hyatt faces a maximum sentence of 29 years in prison. A federal district court judge will determine any sentence after considering the United States Sentencing Guidelines and other statutory factors. There is no parole in the federal system.
The TIGTA is investigating the case.
Assistant United States Attorney Nicole Elver is prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Los Angeles Harbor Area Gang Members and Associates Targeted in Federal Complaints Alleging Fentanyl and ‘Ghost Gun’ SalesRead the Press Release
LOS ANGELES – Law enforcement this morning arrested seven members and associates of Los Angeles Harbor area street gangs – including from the two largest gangs, Westside Wilmas and Eastside Wilmas – on federal charges alleging the trafficking of firearms and pound quantities of narcotics such as fentanyl.
Those arrested today are among 10 members and associates of street gangs who are named across three criminal complaints filed in federal court. One defendant is in state custody, and law enforcement continues to search for two defendants. Authorities arrested an additional four defendants on state charges.
In relation to the charges unsealed today, law enforcement seized approximately 23 firearms, 26.2 kilograms of methamphetamine, approximately 23,000 fentanyl pills, 2.4 kilograms of powdered fentanyl, and one kilogram of cocaine.
This morning’s arrests are the latest development in a violence reduction initiative started in late 2020 by a joint FBI and Los Angeles Police Department task force that targeted gang activity in the Harbor area. Prior to today’s arrests, 11 Harbor area gang members and associates were charged with federal drug, firearms and Hobbs Act robbery crimes. Three of those defendants already have been convicted and sentenced, receiving prison sentences of between 10 and 20 years.
The seven federal defendants arrested today are charged in complaints filed May 10 with various federal crimes, including distribution of controlled substances, possession with intent to distribute controlled substances, and being a felon in possession of a firearm.
According to an affidavit filed with one of the complaints, the task force has investigated influential members and associates of the Eastside Wilmas, Westside Wilmas and other Harbor area gangs who were suspected of being involved in a host of illegal activities. Both Eastside and Westside Wilmas are based in Wilmington, a Los Angeles neighborhood located near the twin ports of Los Angeles and Long Beach.
Harbor area gangs, including the Wilmas, commit their crimes under the direction and authority of the Mexican Mafia, a California prison gang that controls many of the Latino street gangs in Southern California. Mexican Mafia leaders and associates direct the activities of the Wilmas gangs from within the California state prison system. Leaders have access to illicit cellular telephones and other digital devices that they use to communicate with gang members in the community.
Law enforcement believes the Wilmas gangs are controlled by separate Mexican Mafia members who are each serving a life sentence in a California state prison after being convicted of murder. One Mexican Mafia associate directs firearm and drug sales from prison despite being sentenced to death for murder.
The complaint affidavit alleges from October 2022 to February 2023, reputed Wilmas and Mexican Mafia associate Patricia Amelia Limon, 53, of Lomita, fulfilled seven drug and firearm deals under the direction of the Mexican Mafia associate on death row. Limon personally, and at least once through an intermediary, supplied methamphetamine, fentanyl, firearms and ammunition to a buyer and collected money on behalf of the Mexican Mafia member.
In one deal on November 2, 2022, Limon allegedly supplied 5,000 rainbow-colored fentanyl pills to a buyer for $5,300. Fifteen days later, Limon allegedly supplied 1.71 kilograms (3.8 pounds) of methamphetamine and 2,000 fentanyl pills to a buyer for $5,000. The affidavit further alleges Limon engaged in other illicit sales of fentanyl and firearms.
The affidavit further alleges that Jesus Chuy Delgado, 46, of San Pedro, who reputedly is a high-ranking Westside Wilmas member, engaged in a series of methamphetamine and firearms sales, including several in January and February 2023 that allegedly occurred across the street from a high school and a middle school in San Pedro. Delgado allegedly sold firearms – including semi-automatic weapons lacking a serial number, commonly known as “ghost guns” – and 883.9 grams (1.95 pounds) of methamphetamine while on parole.
A criminal complaint is merely an accusation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
If convicted, Limon and Delgado – who are charged with distribution of controlled substances – would face a statutory maximum sentence of life in federal prison.
The FBI and the LAPD are investigating this matter.
Assistant United States Attorneys Kevin B. Reidy of Major Frauds Section and Suria M. Bahadue of the Criminal Appeals Section are prosecuting this case.
Livingston County Man Sentenced in Federal Court to 11 years and 8 months for Methamphetamine DistributionRead the Press Release
Paducah, KY – A Livingston County Kentucky man was sentenced yesterday for methamphetamine distribution.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky and Special Agent in Charge J. Todd Scott of the DEA Louisville Field Division made the announcement.
According to court documents, Donald K. Duncan, 52, was sentenced to 11 years and 8 months in federal prison, followed by a 5-year term of supervised release, for possessing with the intent to distribute more than 500 grams of a methamphetamine mixture. There is no parole in the federal system.
The case was investigated by the DEA Paducah Post of Duty with assistance from the Marshall County Sheriff’s Office and the Kentucky State Police.
Assistant U.S. Attorney Leigh Ann Dycus, of the U.S. Attorney’s Paducah Branch Office, prosecuted the case.
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La Crosse Woman Sentenced to 5 Years for Methamphetamine TraffickingRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Kojoua Vu, 33, La Crosse, Wisconsin was sentenced today by U.S. District Judge William M. Conley to 5 years in federal prison for possessing 50 grams or more of methamphetamine with the intent to distribute. The prison term will be followed by 5 years of supervised release. Vu pleaded guilty to this charge on January 26, 2023.
On August 18, 2021, Vu sold an ounce, or approximately 28 grams, of methamphetamine to a confidential informant in La Crosse.
On October 28, 2021, law enforcement officers pulled over Vu’s car in La Crosse. She had a bag containing 30 grams of methamphetamine in her coat pocket, and a bag containing 195 grams of methamphetamine was found under the driver’s seat of the car. Vu admitted to possessing the methamphetamine and when officers told her that they had completed a controlled buy on her, she asked, “Was it three days ago?” This response led the officers to believe that Vu was still regularly selling methamphetamine.
Officers also executed a search warrant at the residence in Onalaska, Wisconsin where Vu was believed to be living with her boyfriend. Additional methamphetamine, a large quantity of cash, and drug trafficking paraphernalia were found at the residence.
At the time of these events, Vu was on state supervision for a prior felony state methamphetamine trafficking conviction and out on bond for an open felony state case that alleged maintaining a drug trafficking home and possessing methamphetamine. Vu’s supervision was revoked in August of 2022, and she was ordered to serve 2 years, 3 months, and 29 days in state prison. Judge Conley ordered that Vu’s federal sentence run concurrently with the remainder of her state sentence.
At sentencing, Judge Conley highlighted that Vu was already on state supervision for methamphetamine trafficking at the time she engaged in the conduct charged in this federal case.
The charge against Vu was the result of an investigation conducted by the La Crosse, Onalaska, and Campbell Police Departments and the Wisconsin Department of Justice Division of Criminal Investigation. The La Crosse County District Attorney’s Office also provided assistance in the case. Assistant U.S. Attorneys Steven P. Anderson and Aaron D. Wegner prosecuted this case.
Justice Department and EPA Announce Settlement to Reduce Hazardous Air Emissions at BP Products’ Whiting Refinery in IndianaRead the Press Release
WASHINGTON – Today, the Department of Justice and the Environmental Protection Agency (EPA) announced a Clean Air Act Settlement with BP Products North America Inc., (BPP), a subsidiary of BP p.l.c., requiring control technology expected to reduce benzene by an estimated seven tons per year, other hazardous air pollutants (HAP) by 28 tons per year, and other volatile organic compound emissions (VOC) by 372 tons per year at its Whiting Refinery in Indiana. The United States’ complaint, filed simultaneously with the settlement, alleges that BPP violated federal regulations limiting benzene in refinery wastewater streams, and HAP and VOC emissions at its Whiting Refinery, as well as the general requirement to use good air pollution control practices. As part of the settlement, BPP will install one or more permanent benzene strippers to reduce benzene in wastewater streams leading to its lakefront wastewater treatment plant.
“This settlement sends an important message to the refining industry that the United States will take decisive action against illegal benzene and VOC emissions,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Under the settlement, the refinery will implement controls that will greatly improve air quality and reduce health impacts on the overburdened communities that surround the facility.”
“This settlement will result in the reduction of hundreds of tons of harmful air pollution a year, which means cleaner, healthier air for local communities, including communities with environmental justice concerns,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of Enforcement and Compliance Assurance. “This is one of several recent settlements that show that EPA and the Department of Justice are committed to improving air quality in local communities by holding industrial sources accountable for violations of emission standards under the Clean Air Act.”
“This settlement advances my office’s environmental justice initiative by providing cleaner air and reducing the negative health impacts on the low income and minority residents who live near BPP’s refinery,” said U.S. Attorney for the Northern District of Indiana Clifford D. Johnson. “My office is committed to continuing to enforce the Nation’s environmental laws so that all residents of Northern Indiana can live, work, and play in a cleaner, healthier environment.”
In addition to securing injunctive relief, including capital investments, estimated to exceed $197 million, the settlement obligates BPP to pay a total financial penalty of $40 million, comprised of civil penalties and stipulated penalties for violations of an earlier settlement. This is the largest civil penalty ever secured for a Clean Air Act stationary source settlement. BPP separately agreed to undertake a $5 million supplemental environmental project to reduce diesel emissions in the communities surrounding the Whiting Refinery. BPP will also install 10 air pollutant monitoring stations to monitor air quality outside of the refinery fence line. The settlement terms are included in a proposed consent decree filed with the U.S. District Court for the Northern District of Indiana.
Benzene is known to cause cancer in humans. Short-term inhalation exposure to benzene also may cause drowsiness, dizziness, headaches, as well as eye, skin, and respiratory tract irritation, and, at high levels, unconsciousness. Long-term inhalation exposure can cause various disorders in the blood, including reduced numbers of red blood cells and anemia in occupational settings. Reproductive effects have been reported for women exposed by inhalation to high levels, and adverse effects on the developing fetus have been observed in animal tests.
VOCs along with NOX, play a major role in the atmospheric reactions that produce ozone, which is the primary constituent of smog. People with lung disease, children, older adults, and people who are active can be affected when ozone levels are unhealthy. Ground-level ozone exposure is linked to a variety of short-term health problems, including lung irritation and difficulty breathing, as well as long-term problems, such as permanent lung damage from repeated exposure, aggravated asthma, reduced lung capacity, and increased susceptibility to respiratory illnesses such as pneumonia and bronchitis.
The Whiting Refinery is surrounded by communities with environmental justice concerns. This settlement is part of the Justice Department’s and EPA’s ongoing focus on assisting communities that have been historically marginalized and disproportionately exposed to pollution.
This settlement also supports EPA’s National Enforcement and Compliance Initiative (NECI): Creating Cleaner Air for Communities by Reducing Excess Emissions of Harmful Pollutants. To learn more about this NECI /www.epa.gov/enforcement/national-enforcement-and-compliance-initiative-creating-cleaner-air-communities
The State of Indiana assisted in the negotiations and is also a party to the settlement.
The settlement is subject to a public comment period and final court approval. The consent decree will be available for viewing at www.justice.gov/enrd/consent-decrees.
Justice Department and EPA Announce Settlement to Reduce Hazardous Air Emissions at BP Products’ Whiting Refinery in IndianaRead the Press Release
Today, the Department of Justice and the Environmental Protection Agency (EPA) announced a Clean Air Act Settlement with BP Products North America Inc., (BPP), a subsidiary of BP p.l.c., requiring control technology expected to reduce benzene by an estimated seven tons per year, other hazardous air pollutants (HAP) by 28 tons per year and other volatile organic compound emissions (VOC) by 372 tons per year at its Whiting Refinery in Indiana. The United States’ complaint, filed simultaneously with the settlement, alleges that BPP violated federal regulations limiting benzene in refinery wastewater streams, and HAP and VOC emissions at its Whiting Refinery, as well as the general requirement to use good air pollution control practices. As part of the settlement, BPP will install one or more permanent benzene strippers to reduce benzene in wastewater streams leading to its lakefront wastewater treatment plant.
“This settlement sends an important message to the refining industry that the United States will take decisive action against illegal benzene and VOC emissions,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Under the settlement, the refinery will implement controls that will greatly improve air quality and reduce health impacts on the overburdened communities that surround the facility.”
“This settlement will result in the reduction of hundreds of tons of harmful air pollution a year, which means cleaner, healthier air for local communities, including communities with environmental justice concerns,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of Enforcement and Compliance Assurance. “This is one of several recent settlements that show that EPA and the Department of Justice are committed to improving air quality in local communities by holding industrial sources accountable for violations of emission standards under the Clean Air Act.”
“This settlement advances my office’s environmental justice initiative by providing cleaner air and reducing the negative health impacts on the low income and minority residents who live near BPP’s refinery,” said U.S. Attorney Clifford D. Johnson for the Northern District of Indiana. “My office is committed to continuing to enforce the nation’s environmental laws so that all residents of Northern Indiana can live, work and play in a cleaner, healthier environment.”
In addition to securing injunctive relief, including capital investments, estimated to exceed $197 million, the settlement obligates BPP to pay a total financial penalty of $40 million, comprised of civil penalties and stipulated penalties for violations of an earlier settlement. This is the largest civil penalty ever secured for a Clean Air Act stationary source settlement. BPP separately agreed to undertake a $5 million supplemental environmental project to reduce diesel emissions in the communities surrounding the Whiting Refinery. BPP will also install 10 air pollutant monitoring stations to monitor air quality outside of the refinery fence line. The settlement terms are included in a proposed consent decree filed with the U.S. District Court for the Northern District of Indiana.
Benzene is known to cause cancer in humans. Short-term inhalation exposure to benzene also may cause drowsiness, dizziness, headaches, as well as eye, skin and respiratory tract irritation, and, at high levels, unconsciousness. Long-term inhalation exposure can cause various disorders in the blood, including reduced numbers of red blood cells and anemia in occupational settings. Reproductive effects have been reported for women exposed by inhalation to high levels, and adverse effects on the developing fetus have been observed in animal tests.
VOCs, along with NOX, play a major role in the atmospheric reactions that produce ozone, which is the primary constituent of smog. People with lung disease, children, older adults, and people who are active can be affected when ozone levels are unhealthy. Ground-level ozone exposure is linked to a variety of short-term health problems, including lung irritation and difficulty breathing, as well as long-term problems, such as permanent lung damage from repeated exposure, aggravated asthma, reduced lung capacity and increased susceptibility to respiratory illnesses such as pneumonia and bronchitis.
The Whiting Refinery is surrounded by communities with environmental justice concerns. This settlement is part of the Justice Department’s and EPA’s ongoing focus on assisting communities that have been historically marginalized and disproportionately exposed to pollution.
This settlement also supports EPA’s National Enforcement and Compliance Initiative (NECI): Creating Cleaner Air for Communities by Reducing Excess Emissions of Harmful Pollutants. To learn more about this NECI, visit www.epa.gov/enforcement/national-enforcement-and-compliance-initiative-creating-cleaner-air-communities.
The State of Indiana assisted in the negotiations and is also a party to the settlement.
The settlement is subject to a public comment period and final court approval. The consent decree will be available for viewing at www.justice.gov/enrd/consent-decrees.