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Wednesday 17 May 2023
Justice Department Secures Agreement with IT Staffing and Services Company for Posting Discriminatory Job AdvertisementsRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with American CyberSystems Inc., a Georgia-based company that provides IT services and staff recruiting nationwide under the name Innova Solutions (formerly ACS Solutions). The settlement resolves the department’s determination that the company violated the Immigration and Nationality Act (INA) when it recruited for two positions using advertisements that unlawfully excluded certain applicants based on their citizenship statuses.
“Employers cannot unlawfully discriminate against individuals based on their citizenship status when they advertise job opportunities, plain and simple,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This settlement makes clear our commitment to holding employers accountable when they run afoul of the law and discriminate on the basis of citizenship.”
The Civil Rights Division’s new fact sheet adds to the many other department resources available to help employers train their hiring and recruiting staff to avoid the types of discrimination that happened here.
The department’s investigation found that American CyberSystems discriminated against U.S. nationals, refugees and asylees by posting an advertisement recruiting only U.S. citizens and lawful permanent residents. The position advertised involved access to materials subject to the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). The ITAR and EAR require employers to seek special authorization from the U.S. government for certain workers if their job requires accessing export-controlled items. Under these regulations, however, U.S. nationals, asylees and refugees are on the same footing as U.S. citizens and lawful permanent residents, and employers do not need authorization to share export-controlled items with these workers. The department concluded that the company had no justification to exclude them from hiring.
The department also found that the company posted a second, unrelated job advertisement that discriminated against immigrant and U.S. citizen workers by specifically seeking workers with temporary work visas.
Under the settlement, American CyberSystems must train its recruiting and human resources staff on the requirements of the INA’s anti-discrimination provision, review its policies to ensure compliance with relevant law and be subject to departmental monitoring and reporting requirements. American CyberSystems also must pay a civil penalty as a result of the discriminatory ads.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation. As explained in a new fact sheet the department issued on April 18, employer obligations under this law do not change when complying with export-control laws and regulations. Another department fact sheet is aimed at helping employers avoid discrimination when recruiting using online job ads.
Learn more about IER’s work and how to get assistance through this brief video. Find more information on how employers can avoid citizenship status discrimination on IER’s website. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe for email updates from IER.
Spanish version
Justice Department Secures Agreement with Cumberland County Addressing Mental Health Care, Suicide Prevention and Medication-Assisted Treatment for Opiate Withdrawal at the Cumberland County JailRead the Press Release
The Justice Department today filed a complaint and proposed consent decree with Cumberland County, New Jersey and the Cumberland County Department of Corrections to resolve allegations that conditions at the Cumberland County Jail violate the Constitution.
The proposed consent decree resolves the department’s claims that the jail fails to provide adequate mental health care to incarcerated individuals at risk of self-harm and suicide, and fails to provide medication-assisted treatment, where clinically indicated, to incarcerated individuals experiencing unmedicated opiate withdrawal. The proposed consent decree requires the jail to provide adequate mental health care and medication-assisted treatment in those circumstances.
“The Justice Department is committed to protecting the civil rights of everyone in our country, and under our Constitution, jails and prisons must provide adequate medical care to incarcerated individuals,” said Attorney General Merrick B. Garland. “Today’s proposed consent decree is a significant step toward improving the care of individuals incarcerated in Cumberland County who are struggling with serious mental health disorders, and toward protecting the civil rights that are guaranteed by our Constitution.”
“This consent decree marks a significant milestone in the Justice Department’s efforts to combat discrimination against those with opioid use disorder and to protect the civil rights of people in our jails and prisons,” said Assistant Attorney General for Kristen Clarke of the Justice Department’s Civil Rights Division. “Under this agreement, Cumberland County must provide adequate medical and mental health care, including access to life-saving medications, treatment for opiate withdrawal, and protection for those with a heightened risk of self-harm and suicide. We commend Cumberland County for working collaboratively with us to implement the reforms in this decree to protect the safety and constitutional rights of incarcerated people at Cumberland County Jail.”
“The opioid epidemic is a public health emergency that plagues too many communities across the country,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “Medications are a critically important tool in combatting the opioid crisis, and they save lives. By providing medication-assisted treatment to incarcerated individuals experiencing opiate withdrawal, officials at jails and prisons can take significant steps to both combat the opioid epidemic and protect the constitutional rights of their populations.”
In June 2018, following suicides at the jail by six incarcerated people denied medication-assisted treatment, the Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey initiated the investigation under the Civil Rights of Institutionalized Persons Act. That statute authorizes the Justice Department to address a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities. In January 2021, the Department found reasonable cause to believe that Cumberland County’s failure to provide medication-assisted treatment to incarcerated people with opioid use disorder, together with its failure to offer adequate mental health and suicide prevention measures, violated the rights of incarcerated individuals. The Department also identified measures necessary to remedy the unlawful conditions.
Additional information about the Civil Rights Division of the Justice Department is available on its website at https://www.justice.gov/crt/special-litigation-section. Additional information about the U.S. Attorney’s Office for the District of New Jersey’s Civil Rights Division is available at: https://www.justice.gov/usao-nj/civil-rights-enforcement. Individuals with relevant information about compliance with the agreement are encouraged to contact the Department by phone at 833-223-1547, or by email at [email protected].
Justice Department Reaches Settlement with Cumberland County Addressing Conditions at County JailRead the Press Release
NEWARK, N.J. – The Justice Department today filed a complaint and proposed consent decree with Cumberland County, New Jersey, and the Cumberland County Department of Corrections to resolve allegations that conditions at the Cumberland County Jail violate the Constitution.
The proposed consent decree, which must still be approved by the court, resolves the United States’ claims that the jail fails to provide adequate mental health care to incarcerated individuals at risk of self-harm and suicide, and fails to provide medication-assisted treatment, where clinically indicated, to incarcerated individuals experiencing unmedicated opiate withdrawal. The proposed consent decree requires the jail to provide adequate mental health care and medication-assisted treatment in those circumstances.
“The Justice Department is committed to protecting the civil rights of everyone in our country, and under our Constitution, jails and prisons must provide adequate medical care to incarcerated individuals,” Attorney General Merrick B. Garland said. “Today’s proposed consent decree is a significant step toward improving the care of individuals incarcerated in Cumberland County who are struggling with serious mental health disorders, and toward protecting the civil rights that are guaranteed by our Constitution.”
“The opioid epidemic is a public health emergency that plagues too many communities across the country,” U.S. Attorney Philip R. Sellinger said. “Medications are a critically important tool in combatting the opioid crisis, and they save lives. By providing medication-assisted treatment to incarcerated individuals experiencing opiate withdrawal, officials at jails and prisons can take significant steps to both combat the opioid epidemic and protect the constitutional rights of their populations.”
“This consent decree marks a significant milestone in the Justice Department’s efforts to combat discrimination against those with opioid use disorder and to protect the civil rights of people in our jails and prisons,” said Assistant Attorney General for Kristen Clarke of the Justice Department’s Civil Rights Division. “Under this agreement, Cumberland County must provide adequate medical and mental health care, including access to life-saving medications, treatment for opiate withdrawal, and protection for those with a heightened risk of self-harm and suicide. We commend Cumberland County for working collaboratively with us to implement the reforms in this decree to protect the safety and constitutional rights of incarcerated people at Cumberland County Jail.”
The Civil Rights Division and the U.S. Attorney’s Office for District of New Jersey initiated the investigation in June 2018 under the Civil Rights of Institutionalized Persons Act, which authorizes the department to take action to address a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities. In January 2021, the Department of Justice provided the county written notice of the alleged unlawful conditions and remedial measures necessary to address them.
Additional information about the Civil Rights Division of the Justice Department is available on its website at https://www.justice.gov/crt/special-litigation-section. Individuals who believe their civil rights may have been violated may file a complaint with the U.S Attorney’s Office at www.civilrights.justice.gov.
The government is represented by Michael E. Campion, Chief of the U.S. Attorney’s Office’s Civil Rights Division; Assistant U.S. Attorney Junis Baldon of the U.S. Attorney’s Civil Rights Division; Laura Cowall, Deputy Chief of the Special Litigation Section in the Justice Department’s Civil Rights Division; Marlysha Myrthil, Senior Trial Attorney, Special Litigation Section; and Curtis Harris, Trial Attorney, Special Litigation Section.
cumberland.complaint.pdf cumberlandagreement.pdfJustice Department Leadership Honors Service and Sacrifice of Nation’s Law Enforcement for Police WeekRead the Press Release
In recognition of National Police Week, Attorney General Merrick B. Garland, Deputy Attorney General Lisa O. Monaco, and Associate Attorney General Vanita Gupta joined law enforcement partners to honor those who made the ultimate sacrifice to our nation.
In 1962, President John F. Kennedy proclaimed May 15 as National Peace Officers Memorial Day and the week in which May 15 falls as National Police Week. Established by a joint resolution of Congress in 1962, National Police Week is a collaborative effort of many organizations dedicated to honoring the service and sacrifice of America’s law enforcement community. This year, memorial events ran May 9 - 20.
Today, Attorney General Garland delivered remarks at the 2021-2022 Medal of Valor ceremony hosted by President Joseph R. Biden Jr., at the White House. The Medal of Valor is awarded to public safety officers who have exhibited exceptional courage, regardless of personal safety, in the attempt to save or protect others from harm. The Deputy and Associate Attorneys General also attended the ceremony.
In his remarks, Attorney General Garland said, “Every day, in communities across the country, law enforcement officers, firefighters, and emergency services officers are asked to respond to our most difficult moments. And every day, without hesitation, you answer that call. You are on the frontlines of our nation’s most pressing public safety challenges. And you are the Justice Department’s indispensable partners in our shared work to keep communities safe. From the bottom of my heart, and on behalf of the entire Justice Department – thank you.”
Earlier this week, Attorney General Garland delivered the keynote address at the Annual National Peace Officers’ Memorial Service, sponsored by the Grand Lodge Fraternal Order of Police and the Grand Lodge Fraternal Order of Police Auxiliary, on the west front of the U.S. Capitol in Washington, D.C., honoring the officers who recently made the ultimate sacrifice and paying tribute to all the fallen. Deputy Attorney General Monaco and Associate Attorney General Gupta attended the service.
Last week, Attorney General Garland, Deputy Attorney General Monaco, and Associate Attorney General Gupta visited the National Law Enforcement Memorial and laid a wreath in honor of the men and women who have died in the line of duty. To recognize not only Justice Department employees who died in the line of duty but also their surviving family members and friends, Attorney General Garland and Deputy Attorney General Monaco attended memorial services for the Justice Department’s four law enforcement components: the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the U.S. Marshals Service (USMS), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Deputy Attorney General Monaco also delivered remarks at a memorial service to honor fallen federal correctional officers from the Bureau of Prisons (BOP), during National Correctional Officers Week, which ran May 7 - May 13.
The Department’s leadership also convened a gathering of 10 law enforcement associations with whom they regularly meet, the four heads of the Justice Department’s law enforcement components, and representatives from other federal agencies to discuss the implementation of the Bipartisan Safer Communities Act, recruitment and retention of law enforcement, improving access to behavioral health services, and responding to people in crisis. Joined virtually by Secretary of Education Miguel A. Cardona and in-person by the Deputy Secretary of Health and Human Services Andrea Palm, the discussion focused on whole of government approach federal agencies are taking to combat gun violence and violent crime.
Over the weekend, Attorney General Garland attended the annual candlelight vigil honoring the officers who lost their lives in 2022. Attorney General Garland and other high-ranking government officials, along with officials from local, state, and federal law enforcement agencies, read the names of the fallen.
According to the FBI’s recent release of statistics, 118 law enforcement officers were killed in the line of duty in 2022. So far in 2023, 22 law enforcement officers have lost their lives in the line of duty.
A full list of the events attended on behalf of the Department include:
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National Law Enforcement Officers Memorial Fund Wreath Laying
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FBI Memorial Service
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ATF Memorial Service
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DEA Memorial Service
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USMS Memorial Service
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BOP Memorial Service
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Law Enforcement Quarterly Meeting and Reception with partners
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National Law Enforcement Officers Memorial Fund 35th Annual Candlelight Vigil
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National Peace Officers’ Memorial Service
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Medal of Valor Awards Ceremony
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Justice Department Files Proposed Amended Complaint and Consent Decree with Fourth Poultry Processor, Further Addressing Long-Running Conspiracy to Suppress Workers’ CompensationRead the Press Release
The Department of Justice filed a proposed amended complaint and consent decree today in the District of Maryland with George’s Inc. and George’s Foods LLC (George’s) that would resolve claims that George’s conspired with other poultry processors for years to suppress workers’ wages by exchanging compensation information. George’s provided significant and voluntary cooperation to the Justice Department's investigation. The department previously reached proposed consent decrees in this matter with poultry processors Cargill, Sanderson Farms, and Wayne Farms, as well as with a data consultant, Webber, Meng, Sahl and Company, and its president, G. Jonathan Meng.
“Today’s action is another important milestone in the Justice Department’s efforts to hold poultry processors accountable for antitrust violations that harm workers,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “The antitrust laws protect American workers from information exchanges, like these, that damage competition and the competitive process.”
Under the terms of the proposed settlement, George’s must cease sharing competitively sensitive information about poultry processing plant workers’ compensation. If approved by the court, the proposed settlement also:
- Imposes a court-appointed compliance monitor who, for the next seven years, will ensure George’s compliance with the terms of the proposed decree;
- Grants the court-appointed monitor authority to ensure George’s compliance with all federal antitrust laws as they relate to its poultry processing facilities, workers at its poultry processing plants, chicken growers, integrated poultry feed, hatcheries, transportation of poultry and poultry products, and the sale of poultry, and to submit regular reports on George’s antitrust compliance;
- Prohibits George’s from retaliating against any employee or third party for disclosing information to the monitor or to government authorities;
- Permits the Justice Department’s Antitrust Division to inspect George’s facilities and interview employees to ensure George’s compliance with the consent decree; and
- Commits George’s to pay $5.8 million in restitution for poultry processing plant workers who were harmed by the conspiracy.
These terms would expire seven years after the consent decree is approved by the court.
As required by the Tunney Act, the proposed consent decree, along with the competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed consent decree during a 60-day comment period to Chief, Civil Conduct Task Force, Antitrust Division, U.S. Department of Justice, 450 Fifth Street NW, Suite 8600, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Maryland may enter the final judgment upon finding it is in the public interest.
Today’s actions are part of a broader investigation into anticompetitive labor market abuses in the poultry processing industry. Anyone with information about poultry industry collusion, competitors sharing non-public compensation information, anticompetitive conduct violations against workers, or any other violations of the antitrust laws is encouraged to contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or [email protected]. The division will forward complaints about the settling processor defendants to the court-appointed antitrust monitor, where appropriate. Information about anticompetitive practices in livestock and poultry markets can also be submitted to the USDA and Justice Department's Agricultural Markets Enforcement Partnership at www.farmerfairness.gov.
The Justice Department thanks the U.S. Department of Commerce Office of Inspector General for its assistance with this investigation.
Judge Imposes Eight Consecutive Life Sentences Plus 260 Years in Prison for ISIS-Inspired 2017 Murder of Eight Victims and Attempted Murder of 18 Others in NYC Truck AttackRead the Press Release
Sayfullo Saipov, 34, of Uzbekistan, was sentenced to eight consecutive life sentences, two concurrent life sentences, and a consecutive sentence of 260 years in prison for carrying out a terrorist attack on Oct. 31, 2017, in the name of the Islamic State of Iraq and al-Sham (ISIS), in which Saipov used a truck to murder eight victims and injure many more on a bike path in lower Manhattan.
On Jan. 26, a jury convicted Saipov of all 28 counts in the indictment, which charged Saipov with murder for the purpose of gaining entrance to a racketeering enterprise (ISIS); assault with a dangerous weapon and attempted murder for the purpose of gaining entrance to a racketeering enterprise (ISIS); providing material support to a designated foreign terrorist organization (ISIS) resulting in death; and damage and destruction to a motor vehicle resulting in death. On March 13, 2023, the same jury was unable to reach a unanimous verdict on whether Saipov should be sentenced to death, resulting in a mandatory sentence of life in prison.
“Today’s sentence means that Sayfullo Saipov will spend the rest of his life in federal prison for brutally murdering eight innocent victims during his carefully calculated ISIS terrorist attack,” said Attorney General Merrick B. Garland. “The Department of Justice honors the victims, their families, and the survivors of this horrific attack. We will continue to vigorously defend the American people from threats of terrorism and will work tirelessly to bring those who perpetrate terrorist attacks to justice.”
“Although it has been more than five years since Sayfullo Saipov carried out this horrific, senseless attack in the name of ISIS, the FBI never relented in our pursuit of justice for the victims and their loved ones,” said FBI Director Christopher Wray. “This case demonstrates the FBI’s steadfast commitment to working with our law enforcement partners to hold accountable those who commit acts of violence inspired by terrorist groups.”
“In March 2023, a jury determined that Sayfullo Saipov would spend the rest of his life in prison for his heinous crimes. Today, the court issued the maximum possible penalty on each count of conviction and ordered that eight of Saipov’s life sentences along with 260 years in prison will run consecutively to the other sentences imposed,” said U.S. Attorney Damian Williams for the Southern District of New York. “These eight life sentences account for the eight lives Saipov stole when he committed his vicious ISIS attack. The 260 years in prison constitutes the maximum penalty for the 18 attempted murders Saipov cruelly committed, which included the attempted murders of four children. More than just holding Saipov accountable for his depraved crimes, the proceedings today gave further voice to the victims. More than 20 victims and family members addressed the Court and confronted Saipov. They bravely and boldly shared their pain and devastation. While we cannot make these victims whole after what Saipov stole from them, this office along with our partners in the Department of Justice and the FBI are proud to have served the victims and sought justice on their behalf.”
As set forth in public documents in the case and statements made during court proceedings:
On Halloween afternoon in 2017, Saipov used a 6,000-pound truck to strike more than 20 innocent people on the Hudson River Bike Path in lower Manhattan. Saipov killed eight of his victims and critically injured many others, including a 14-year-old child. Saipov’s surviving victims suffered amputations, serious brain injuries, life-altering physical injuries, and significant psychological trauma. Saipov committed his attack after years of devotion to the brutal terrorist organization ISIS and after months of careful planning. In the weeks before his attack, for example, Saipov rented a truck to practice maneuvering it so that he could hit as many people as possible. Saipov brought a note to the attack with the ISIS flag and rallying cry written on it. After his attack, while in custody at a hospital, Saipov told the FBI that he committed the attack in response to calls from the leader of ISIS and that he was proud of what he had done. Saipov smiled when describing his attack and sought to hang the ISIS flag in his hospital room.
After the attack, ISIS praised Saipov as an Islamic State soldier and called his attack one of the most prominent attacks in the United States. In the years since his attack, Saipov continued to demonstrate his devotion to ISIS, including though statements in court, recorded telephone calls, and writings seized from his prison cell. In prison, Saipov also made statements confirming his continued belief that enemies of ISIS should be eliminated and threatening to cut the heads off of corrections officers. At the liability and sentencing phases of trial, many of Saipov’s victims and their family members bravely described the terror he caused and the pain and suffering they continue to endure.
While the jury determined that Saipov would be sentenced to life in prison on six counts of conviction, Judge Broderick sentenced Saipov to the statutory maximum penalty on each count of conviction and ordered that Saipov’s sentences on the counts of conviction charging him with murder and attempted murder of particular victims would run consecutively to all other sentences imposed. In total, Saipov was sentenced to eight consecutive life sentences, 260 years in prison to run consecutively, and two additional life sentences to run concurrently to each other and to all other sentences imposed. The judge will issue an order concerning restitution to victims at a later date.
More than 20 victims and family members delivered emotional and powerful victim impact statements at Saipov’s sentencing.
The FBI’s New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the New York City Police Department, and over 50 other federal, state, and local agencies investigated the case. The Department of Homeland Security’s Homeland Security Investigations; the Justice Department’s National Security Division’s Counterterrorism Section and Criminal Division’s Capital Case Section and Organized Crime and Gang Section provided valuable assistance, as did the Justice Department’s Office of Enforcement Operations and Office of International Affairs.
Assistant U.S. Attorneys Amanda L. Houle, Jason A. Richman, Alexander Li, and Andrew Dember for the Southern District of New York, with the assistance of Paralegal Specialist Daniel Sitko, and Trial Attorney John Cella of the National Security Division’s Counterterrorism Section and Trial Attorney Michael Warbel of the Criminal Division’s Capital Case Section prosecuted the case.
Judge Imposes Eight Consecutive Life Sentences Plus 260 Years in Prison for 2017 Murder of Eight Victims and Attempted Murder of 18 Others in NYC ISIS Truck AttackRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Merrick B. Garland, the Attorney General of the United States, and Christopher A. Wray, the Director of the Federal Bureau of Investigation (“FBI”), announced today that United States District Judge Vernon S. Broderick sentenced SAYFULLO SAIPOV to eight consecutive life sentences, two concurrent life sentences, and a consecutive sentence of 260 years in prison for carrying out a terrorist attack on October 31, 2017, in the name of the Islamic State of Iraq and al-Sham (“ISIS”), in which SAIPOV used a truck to murder eight victims and injure many more on a bike path in lower Manhattan.
On January 26, 2023, a jury convicted SAIPOV of all 28 counts in the Indictment, which charged SAIPOV with murder for the purpose of gaining entrance to a racketeering enterprise (ISIS); assault with a dangerous weapon and attempted murder for the purpose of gaining entrance to a racketeering enterprise (ISIS); providing material support to a designated foreign terrorist organization (ISIS) resulting in death; and damage and destruction to a motor vehicle resulting in death. On March 13, 2023, the same jury was unable to reach a unanimous verdict on whether Saipov should be sentenced to death, resulting in a mandatory sentence of life in prison.
U.S. Attorney Damian Williams said: “In March 2023, a jury determined that Sayfullo Saipov would spend the rest of his life in prison for his heinous crimes. Today, the Court issued the maximum possible penalty on each count of conviction and ordered that eight of Saipov’s life sentences along with 260 years in prison will run consecutively to the other sentences imposed. These eight life sentences account for the eight lives Saipov stole when he committed his vicious ISIS attack. The 260 years in prison constitutes the maximum penalty for the eighteen attempted murders Saipov cruelly committed, which included the attempted murders of four children. More than just holding Saipov accountable for his depraved crimes, the proceedings today gave further voice to the victims. More than 20 victims and family members addressed the Court and confronted Saipov. They bravely and boldly shared their pain and devastation. While we cannot make these victims whole after what Saipov stole from them, this Office along with our partners in the Department of Justice and the FBI are proud to have served the victims and sought justice on their behalf.”
Attorney General Merrick B. Garland said: “Today’s sentence means that Sayfullo Saipov will spend the rest of his life in federal prison for brutally murdering eight innocent victims during his carefully calculated ISIS terrorist attack. The Department of Justice honors the victims, their families, and the survivors of this horrific attack. We will continue to vigorously defend the American people from threats of terrorism and will work tirelessly to bring those who perpetrate terrorist attacks to justice.”
FBI Director Christopher A. Wray said: “Although it has been more than five years since Sayfullo Saipov carried out this horrific, senseless attack in the name of ISIS, the FBI never relented in our pursuit of justice for the victims and their loved ones. This case demonstrates the FBI’s steadfast commitment to working with our law enforcement partners to hold accountable those who commit acts of violence inspired by terrorist groups.”
As set forth in public documents in the case and statements made during court proceedings:
On Halloween afternoon in 2017, SAYFULLO SAIPOV used a 6,000-pound truck to strike more than 20 innocent people on the Hudson River Bike Path in lower Manhattan. SAIPOV killed eight of his victims and critically injured many others, including a 14-year-old child. SAIPOV’s surviving victims suffered amputations, serious brain injuries, life-altering physical injuries, and significant psychological trauma. SAIPOV committed his attack after years of devotion to the brutal terrorist organization ISIS and after months of careful planning. In the weeks before his attack, for example, SAIPOV rented a truck to practice maneuvering it so that he could hit as many people as possible. SAIPOV brought a note to the attack with the ISIS flag and rallying cry written on it. After his attack, while in custody at a hospital, SAIPOV told the FBI that he committed the attack in response to calls from the leader of ISIS and that he was proud of what he had done. SAIPOV smiled when describing his attack and sought to hang the ISIS flag in his hospital room. After the attack, ISIS praised SAIPOV as an Islamic State soldier and called his attack one of the most prominent attacks in the United States. In the years since his attack, SAIPOV continued to demonstrate his devotion to ISIS, including through statements in court, recorded telephone calls, and writings seized from his prison cell. In prison, SAIPOV also made statements confirming his continued belief that enemies of ISIS should be eliminated and threatening to cut the heads off of corrections officers. At the liability and sentencing phases of trial, many of SAIPOV’s victims and their family members bravely described the terror he caused and the pain and suffering they continue to endure.
Judge Broderick sentenced SAIPOV to the statutory maximum penalty on each count of conviction and ordered that SAIPOV’s sentences on the counts of conviction charging him with murder and attempted murder of particular victims would run consecutively to each other and to all other sentences imposed. In total, SAIPOV was sentenced to eight consecutive life sentences, 260 years in prison to run consecutively, and two additional life sentences to run concurrently to each other and to all other sentences imposed. The Judge will issue an order concerning restitution to victims at a later date.
More than 20 victims and family members delivered emotional and powerful victim impact statements at SAIPOV’s sentencing.
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In addition, SAIPOV, 34, of Uzbekistan, was sentenced to five years of supervised release.
Mr. Williams praised the outstanding investigative efforts of the FBI’s New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the New York City Police Department, and over 50 other federal, state, and local agencies. Mr. Williams also thanked the Department of Homeland Security, Homeland Security Investigations, the Department of Justice’s National Security Division, and the Criminal Division’s Capital Case Section, Organized Crime and Gang Section, Office of Enforcement Operations, and Office of International Affairs for their assistance.
The case is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorneys Amanda L. Houle, Jason A. Richman, Alexander Li, and Andrew Dember, with the assistance of Paralegal Specialist Daniel Sitko, are in charge of the prosecution, with assistance from Trial Attorney Michael Warbel of the Criminal Division’s Capital Case Section and Trial Attorney John Cella of the National Security Division’s Counterterrorism Section.
Inmate at FCI Schuylkill Charged with Assault with A Dangerous Weapon and Possession of Contraband in PrisonRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jared Sebaugh, age 35, an inmate at the Federal Correctional Institution, Schuylkill, in Minersville, Pennsylvania, has been indicted by a federal grand jury for assault with a dangerous weapon and possession of contraband in prison.
According to United States Attorney Gerard M. Karam, the indictment alleges that on February 20, 2023, Sebaugh assaulted another inmate with a prison-made weapon consisting of a combination lock attached to a cloth strap.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
The maximum penalty under federal law for each charge is 10 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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Indiana Man Charged in Federal Court in Chicago with Unlawfully Transferring Handgun to Illinois ResidentRead the Press Release
CHICAGO — An Indiana man has been charged with a federal firearm offense for allegedly unlawfully transferring a handgun to an Illinois resident.
COREY GRAY, 21, of LaPorte, Ind., is charged with one count of knowingly transferring a firearm to an individual who was neither a licensed dealer nor a resident of the same state as Gray. A criminal complaint unsealed today in federal court in Chicago accuses Gray of transferring the firearm to the Illinois resident in the fall or winter of 2021. At the time of the transfer, Gray knew that the purchaser was neither a licensed firearms dealer nor a resident of Indiana, the complaint states.
The Illinois resident to whom Gray transferred the gun died last month, the complaint states. Last week, the gun was discovered by law enforcement in the possession of an individual in Chicago at the time of that individual’s arrest in connection with the murder of a police officer, the complaint states.
Gray was arrested this morning. He made an initial appearance in federal court this afternoon before U.S. Magistrate Judge Beth W. Jantz, who ordered Gray to remain held in federal custody pending a detention hearing on May 22, 2023, at 11:45 a.m.
The charge and arrest were announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, Christopher Amon, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, and Fred Waller, Interim Superintendent of the Chicago Police Department. Assistant U.S. Attorney Paul Schied represents the government.
The public is reminded that the complaint contains only a charge and is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The charge in the complaint is punishable by up to five years in federal prison. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
Holdrege Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Steven Russell announced that Cory D. Sikes, 41, of Holdrege, Nebraska, was sentenced today in Lincoln, Nebraska, by Senior United States District Judge John M. Gerrard for possession of child pornography. Sikes was sentenced to 138 months in prison and will also serve 10 years on supervised release. There is no parole in the federal system. Sikes was additionally ordered to pay $3,000 which will contribute to funds established for victims of these types of crimes.
This case began when a CyberTipline Report (“CTR”) was provided to the National Center of Missing and Exploited Children from a social media application on October 31, 2021. The CTR specified that eight images and one video depicting child pornography were uploaded by an individual, later identified as Sikes, between the dates of October 28, 2021 and October 29, 2021.
Based on the information from the CTR, a search warrant was received and executed on January 13, 2022, for Sikes’s residence. During the search, Sikes was interviewed and admitted to searching for child pornography online. Several of Sikes’s devices were seized during the execution of the search warrant. The devices were forensically downloaded and examined. Sikes’s personal cellphone contained 120 images of child pornography and another 483 images were questionable and/or child erotica. His laptop contained 350 images of child pornography and another 500 images which were questionable and/or child erotica.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Federal Bureau of Investigation.
Henrico Man Sentenced to 19 Years for Armed Fentanyl TraffickingRead the Press Release
RICHMOND, Va. – A Henrico County man was sentenced yesterday to 19 years in prison for possession with intent to distribute more than 100 grams of heroin and fentanyl.
According to court documents, Hugh Mason, 41, possessed over 300 grams of a mixture of heroin and fentanyl that he intended to distribute. Law enforcement agents executed search warrants at Mason’s primary residence in Henrico County and an apartment Mason utilized in in the City of Richmond.
During a court authorized search of Mason’s home on February 16, 2022, agents recovered over $28,000, drug trafficking paraphernalia, items used for preparing and packaging illegal controlled substances for resale, and a loaded FN 57, 5.7 caliber semiautomatic handgun. From the apartment in Richmond, agents recovered 315.63 grams of a mixture containing heroin and fentanyl, an additional 35.6 grams of heroin, ammunition and magazines for the FN 57 handgun, digital scales, and packaging materials used for packaging illegal drugs for distribution. Mason admitted that for over a year, he distributed and possessed with the intent to distribute at least 12 kilograms of cocaine and at least 3 kilograms of heroin. Mason, a convicted felon, also admitted that he possessed the FN 57 handgun to protect his drugs and drug proceeds and himself while engaged in drug trafficking.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Michael T. Weddel, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Division; Jarod Forget, Special Agent in Charge for the Drug Enforcement Administration’s Washington Division; and Rick Edwards, Acting Chief of Richmond Police, made the announcement after sentencing by U.S. District Judge David J. Novak.
Assistant U.S. Attorneys Olivia L. Norman and Jessica Wright prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:22-cr-66.
Harvey Man Pleads Guilty to Violations of the Federal Controlled Substances and Gun Control ActsRead the Press Release
NEW ORLEANS, LOUISIANA – FREDERICK TURNER, age 51, a resident of Harvey, Louisiana, pled guilty on May 16, 2023, before U.S. District Judge Susie Morgan, announced U.S. Attorney Duane A. Evans. TURNER pled guilty to conspiracy to distribute and possess with intent to distribute a quantity of cocaine hydrochloride and a quantity of cocaine base (“crack”), in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 846, and being a felon in possession of a firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
According to court documents, a DEA investigation revealed that TURNER was involved in a narcotics distribution conspiracy with several other co-conspirators between June 8, 2020, and June 5, 2021. As part of the conspiracy, TURNER regularly distributed amounts of cocaine hydrochloride (powder cocaine) and crack cocaine. Additionally, officers executed a search warrant at TURNER’s residence where they seized an illegal shotgun.
For the drug conspiracy charge, TURNER faces up to twenty years imprisonment, a fine of up to $1,000,000, and at least three years of supervised release following any term of imprisonment. For being a felon in possession of a firearm, TURNER faces a maximum of 10 years imprisonment, a fine of up to $250,000, and up to 3 years of supervised release following any term of imprisonment. Additionally, TURNER faces payment of a $100 mandatory special assessment fee for each count.
This case was investigated by the Drug Enforcement Administration and Plaquemines Parish Sheriff’s Office. The prosecution is being handled by Assistant United States Attorney J. Benjamin Myers.
Guatemalan Man Sentenced to 6 Months in Prison for Identity TheftRead the Press Release
United States Attorney Steven Russell announced that Juan Velasquez-Velasquez, 48, of Guatemala, was sentenced today in federal court in Omaha, Nebraska, for false representation of a social security number. United States District Court Judge Brian C. Buescher sentenced Velasquez-Velasquez to imprisonment for 6 months. There is no parole in the federal system. After completing his term of imprisonment, Velasquez-Velasquez will begin a 1-year term of supervised release. Velasquez-Velasquez will be removed by immigration authorities from the United States to Mexico after completing his sentence.
In August of 2022, the Nebraska Department of Motor Vehicles (NEDMV) Fraud Unit contacted Homeland Security Investigations (HSI) after receiving a complaint from an identity theft victim.
HSI obtained a copy of a USCIS Form I-9 Employment Eligibility Verification form completed by the Velasquez-Velasquez on February 24, 2022, at Cornerstone Staffing using the victim’s name, date of birth, and Social Security Number. Velasquez-Velasquez used a fraudulent Nebraska Identification Card and a Social Security Card bearing the victim’s Social Security Number, as proof of identity to obtain employment. Velasquez-Velasquez also attested to holding U.S. citizenship while completing the form.
The case was investigated by the Nebraska Department of Motor Vehicles, Homeland Security Investigations, and the Social Security Administration’s Office of Inspector General.
Great Falls meth trafficker sentenced to more than five years in prisonRead the Press Release
GREAT FALLS — A Great Falls man who admitted to selling methamphetamine to an undercover officer was sentenced today to five years and eight months in prison, to be followed by four years of supervised release, U.S. Attorney Jesse Laslovich said.
John Robert Terry, 38, pleaded guilty in December 2022 to possession with intent to distribute meth.
Chief U.S. District Judge Brian M. Morris presided.
The government alleged in court documents that in early 2020, law enforcement learned Terry was dealing meth in Great Falls. Witnesses told agents that they bought meth from Terry and that he kept firearms near where he stored meth at his house. Law enforcement conducted five controlled purchases of meth from Terry and found him in possession of meth during a stop of his vehicle because he had outstanding warrants.
Assistant U.S. Attorney Jessica A. Betley prosecuted the case. The FBI, Great Falls Police Department, Cascade County Sheriff’s Office, Drug Enforcement Administration and Russell Country Drug Task Force 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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Grand Jury Returns IndictmentsRead the Press Release
MADISON, WIS. - A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
Missouri Man Charged with Producing Child Pornography
Ryan A. Campbell, 46, Richmond, Missouri, is charged with one count of producing child pornography. The indictment alleges that on August 14, 2020, Campbell used a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of the conduct.
Campbell was charged with this offense in a sealed complaint filed in U.S. District Court for the Western District of Wisconsin on May 8, 2023. The complaint alleged that he was staying at a residence in Amery, Wisconsin at the time the offense occurred.
Campbell was arrested on May 10 in Kansas City, Missouri. He appeared in federal court in Missouri and was ordered held in federal custody. A date for his initial appearance in Wisconsin has not been set.
If convicted, Campbell faces a mandatory minimum of 15 years and a maximum of 30 years in federal prison. The charge against him is the result of an investigation by the Federal Bureau of Investigation in Wisconsin and Missouri, the Wisconsin Department of Justice Division of Criminal Investigation, Eau Claire County Sheriff’s Office, Kansas City Police Department and Jackson County (Missouri) Sheriff’s Department.
Assistant U.S. Attorney Elizabeth Altman is handling the prosecution. The U.S. Attorney’s Office for the Western District of Missouri handled Campbell’s appearance in federal court there.
Texas Woman Charged with Fraud Scheme & Tax Evasion
Sarah Doherty, also known as Sarah McKibbin, 33, Azle, Texas, is charged with eleven counts of wire fraud and four counts of tax evasion as part of a scheme to defraud that occurred between November 2016 and October 2020. The indictment alleges that a business owner hired Doherty to provide services for the business, named in the indictment as Business-1, and that in 2015, Doherty formed an S-corporation, Faith Outdoor Consulting, LLC, to facilitate the relationship with the business. The indictment alleges that Doherty used her access to the financial information of the business and its owner to defraud the business of approximately $3.43 million, and that she told the business’s bookkeepers and its outside accountant that the money was spent on business expenses, when she actually used the money to pay her personal expenses.
The indictment also alleges that Doherty attempted to evade income taxes owed to the United States by submitting to the IRS a false and fraudulent Form 1040 for calendar years 2017, 2018, 2019 and 2020, and by submitting a false and fraudulent Form 1120-S for Faith Outdoor Consulting, LLC, for calendar years 2017, 2018, and 2019. The indictment alleges that these tax forms substantially understated her gross income and concealed gross income by disguising it as business expenses for Business-1.
If convicted, Doherty faces a maximum penalty of 20 years in federal prison on each wire fraud count, and 5 years in prison on each tax evasion count. The charges against her are the result of an investigation by IRS Criminal Investigation, the Federal Bureau of Investigation, Fall River Police Department, and Columbia County Sheriff’s Office. Assistant U.S. Attorney Aaron Wegner is handling the prosecution.
Mexican Citizen Charged with Illegally Reentering U.S.
Rogelio Bautista Bautista, 36, a citizen of Mexico found living in Abbotsford, Wisconsin, is charged with illegally reentering the United States. The indictment alleges that he was found in the United States on May 8, 2023, after previously having been deported and removed.
If convicted, Bautista Bautista faces a maximum penalty of 20 years in federal prison. The charge against him is the result on an investigation by U.S. Immigration and Customs Enforcement. Assistant U.S. Attorney Meredith Duchemin is handling the prosecution.
Milwaukee Man Charged with Escape
Floyd L. Marlow, Jr., 28, Milwaukee, Wisconsin, is charged with escape. The indictment alleges that on February 20, 2023, he escaped from the Rock Valley Community Programs Center in Janesville, Wisconsin.
If convicted, Marlow faces a maximum penalty of five years in prison. The charge against him is the result of an investigation by the U.S. Marshals Service. Assistant U.S. Attorney Steven Anderson is handling the prosecution.
Gangster Disciple Member Pleads Guilty to Racketeering Conspiracy Involving Firebombing and Drug DistributionRead the Press Release
A member of the Gangster Disciples gang pleaded guilty today to a racketeering conspiracy involving his firebombing of a prison guard’s house and the distribution of more than 50 grams of methamphetamine.
Today’s plea marks the 12th and final conviction in the Northern District of Mississippi case against five members of the Gangster Disciples and seven members of the Simon City Royals, a gang aligned with the Gangster Disciples.
According to court documents, Darrell Steele, 49, of Meridian, Mississippi, was a member of the Gangster Disciples. Acting on the orders of high-ranking Gangster Disciples leaders, Steele and other gang members manufactured firebombs to bomb the home of a prison guard who was interfering with the gang’s illegal drug operation within Mississippi state prisons. On or about Sept. 11, 2019, Steele threw a firebomb into the home where the guard lived with his wife and young children. The firebomb malfunctioned, and the guard and his family escaped unharmed.
Steele pleaded guilty to racketeering conspiracy. He is scheduled to be sentenced on Aug. 16 and faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The other 11 defendants in the case have already been sentenced to the following terms of imprisonment:
Defendant
Prison Sentence
Latroy Daniels, aka Duke
10 years
Gregory Moffett, aka Gutta, aka Sir Judah
10 years
Michael Willie, aka OG Mike
10 years
Derrick Houston, aka Psycho
16 years and eight months
Donald Jones, aka Worm
Seven years and eight months
Wilton Johnson, aka Big Boi
Three years and five months
Jeremy Smith, aka Lil One
Three years and five months
Carl McMillian
Five years and 10 months
James Vaughn, aka Sir Flute:
Five years and 10 months
Justin Hannah
Eight years and four months
Joe Johnson
Seven years and eight months
In a related case, the Criminal Division and the U.S. Attorney’s Office for the Northern District of Mississippi are currently prosecuting another 21 members and associates of the Simon City Royals. According to court documents, the Gangster Disciples and Simon City Royals were allied under the “Folk Nation Alliance.” Within the Mississippi state prison system and throughout the state of Mississippi, the Gangster Disciples and Simon City Royals worked together to conduct fraud, narcotics trafficking, and other criminal moneymaking schemes, and committed several acts of violence, including assaults and attempted murders.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Clay Joyner for the Northern District of Mississippi, and Acting Special Agent in Charge Anthony Spotswood of the ATF New Orleans Field Division made the announcement.
The ATF, DEA, U.S. Marshals Service, U.S. Secret Service, FBI Jackson Field Office, Mississippi Department of Corrections, and local law enforcement agencies across multiple states are investigating the cases.
Trial Attorney Brendan Woods of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Samuel Stringfellow for the Northern District of Mississippi are prosecuting the case.
Four MS-13 Gang Members Sentenced for Racketeering, Violent Crimes, and Drug DistributionRead the Press Release
ALEXANDRIA, Va. – Four Northern Virginia MS-13 gang members were sentenced today to terms of imprisonment of 10 and 20 years for drug distribution, racketeering, and their roles in two attempted murders in Prince William County in 2019.
According to court documents, Roberto Cruz Moreno, 23, of Woodbridge, was a “pasa de homeboy,” and Marvin Torres, 22, of Manassas, was a “chequeo,” which are soldiers, in the Guanacos Lil Cycos (GLCS) clique of MS‑13; Kevin Perez Sandoval, 25, of Warrenton, was an “observacion,” which is a lower-level soldier in the GLCS clique; and Jose Rosales Juarez, 32, of Manassas, was a “paro,” which is an entry level member of the GLCS clique.
In March 2019, Cruz Moreno picked up three other GLCS gang members and a victim identified as E.P.A. and drove them to an isolated wooded area in Bristow, where one GLCS gang member shot E.P.A. multiple times and another stabbed E.P.A. in the neck and attempted to slit his throat. GLCS gang members believed E.P.A. had been disrespecting MS-13 and associating with a rival gang. Following the attempted murder, Cruz Moreno fled the scene with the three other GLCS participants and drove them to his residence. In April 2019, local law enforcement officers in Fairfax County found Cruz Moreno in possession of a firearm and several grams of packaged cocaine in his vehicle, along with three other GLCS gang members traveling with him in the vehicle. Cruz Moreno had earlier that day been selling cocaine on behalf of the clique.
In July 2019, Torres identified a victim, known as N.M.S., as a rival gang member in GLCS‑controlled territory and provided photographs of N.M.S. to fellow gang members. On August 3 and 4, 2019, Rosales Juarez surveilled N.M.S. at a restaurant in Manassas, and discussed plans to kill N.M.S. with GLCS’s First Word, or leader, Andy Tovar, 33, of White Post. Tovar is considered to be one of the highest-ranking MS-13 members in the United States. On Aug. 12, 2019, Tovar granted GLCS permission to kill N.M.S. That day, Perez Sandoval drove two members or associates of MS-13 to retrieve a firearm, a mask, and a change of clothes, then back to N.M.S.’s location where a member or associate of MS-13 shot him. Perez Sandoval then drove the associates from the scene of the shooting to Rosales Juarez’s residence. Rosales Juarez provided Perez Sandoval a different car to drive and rented a hotel room under his own name for the two other GLCS gang members involved in the attempted murder of N.M.S., in order to hinder law enforcement detection of those involved.
On February 4, 2022, Tovar pleaded guilty to each of the crimes with which he was charged in an indictment, including engaging in conspiracies to murder a victim identified as M.R.G. Tovar authorized GLCS gang members to kill M.R.G., and, on July 3, 2017, GLCS gang members traveled from Prince William County to Charlottesville to murder M.R.G because the GLCS clique believed M.R.G was a rival gang member. Following Tovar’s authorization, four GLCS gang members stabbed M.R.G to death over 140 times using knives and a machete before they dumped the victim’s body in a creek, burned his car, and fled back to Prince William County. On September 27, 2022, Tovar was sentenced to life imprisonment.
For their roles in the conspiracies, Cruz Moreno and Perez Sandoval were sentenced to 20 years in prison and Torres and Jose Rosales Juarez were sentenced to 10 years in prison.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Derek W. Gordon, Special Agent in Charge of U.S. Homeland Security Investigations (HSI) Washington, D.C.; Wayne A. Jacobs, Special Agent in Charge of the FBI Washington Field Office Criminal Division; Jarod Forget, Special Agent in Charge of the Drug Enforcement Administration, Washington Division; Colonel Sean Reeves, Chief of Albemarle County Police; Douglas W. Keen, Chief of Manassas City Police; Peter Newsham, Chief of Prince William County Police; Amy Ashworth, Commonwealth Attorney for Prince William County; and Kevin Davis, Chief of Fairfax County Police, made the announcement after sentencing by U.S. District Judge Anthony J. Trenga.
Assistant U.S. Attorneys Nicholas J. Patterson and Amanda Lowe, and former Assistant U.S. Attorney Nicholas U. Murphy, prosecuted the case.
These prosecutions are part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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. 1:20-cr-18.
Former company Chief Financial Officer indicted for using $35 million in company cash to invest in cryptocurrency ventureRead the Press Release
Seattle – A Mercer Island, Washington resident who previously served as a start-up company Chief Financial Officer (CFO) was indicted today in U.S. District Court in Seattle for wire fraud for taking and misusing some $35 million from his employer, announced U.S. Attorney Nick Brown. Nevin Shetty, 39, is scheduled for arraignment on the indictment on May 25, 2023.
According to the indictment, Shetty was hired as the CFO of a private company in March 2021. The company was raising capital for its work in multiple rounds of funding. The company, with Shetty, was working on policies as to how the money raised should be conservatively invested while the company worked to grow its business. The company adopted an investment policy statement that called for company cash to be invested only in fixed income instruments payable in U.S. dollars. Only certain types of conservative investments were approved.
Despite the fact that Shetty helped draft the policy and disseminate it, he moved $35 million in company funds to a cryptocurrency platform he controlled as a side business. Shetty created that side business, called HighTower Treasury, in or around February 2022. In March 2022, he was told he could not continue as CFO at his employer due to concerns about his performance. Shortly after he got this news, Shetty secretly transferred the funds out of the company’s account.
Between April 1 and 12, 2022, Shetty transferred $35,000,100 of his employer’s money to an account for HighTower. No one else at the company knew of these transfers. The money was supposed to be invested by HighTower in a realm of cryptocurrency sometimes referred to as decentralized finance or “DeFi.” HighTower would pay Shetty’s company 6% interest and keep the remainder of any interest earned, which could have been substantial. As an owner of HighTower, Shetty stood to keep those profits. Shetty kept this investment in cryptocurrency secret from the board and other employees at the company where he worked.
However, the cryptocurrency investments soon began declining and by May 13, 2022, the value of the $35 million investment was nearly zero.
The company reported the embezzlement to the FBI who launched an investigation.
Wire fraud is punishable by up to 20 years in prison.
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being prosecuted by Assistant United States Attorney Philip Kopczynski.
shetty_indictment.pdfFormer NYSP Sergeant Pleads Guilty to Tipping Off Target of Gambling InvestigationRead the Press Release
ROCHESTER, NY--U.S. Attorney Trini E. Ross announced today that Thomas J. Loewke, 51, of Rochester, NY, pleaded guilty before U.S. District Judge David G. Larimer to obstruction of a state or local law enforcement investigation, which carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that in October 2020, the New York State Police, together with other local and federal law enforcement agencies, began an investigation into the illegal gambling activities of Louis P. Ferrari II and others. Loewke, who was aware that Ferrari owned an illegal bookmaking operation, learned of the investigation on December 17, 2021. On December 27, 2021, Loewke disclosed the existence of the investigation to Ferrari. On January 2, 2021, Ferrari used this information to attempt to obstruct the investigation by changing the password of his sports betting website, changing the appearance of the sports betting website, and deleting the history of bets placed through his sports betting website.
Charges of conspiracy, transmission of wagering information, operation of an illegal gambling business, and money laundering, remain pending against Ferrari.
The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Internal Revenue Service, Criminal Investigation, under the direction of Special Agent-in-Charge Thomas Fattorusso, the New York State Police, under the direction of Major Brian Ratajczak, the Greece Police Department, under the direction of Chief Michael Wood, and Rochester Police Department, under the direction of Chief David Smith. Additional assistance was provided by the Monroe County District Attorney’s Office.
Sentencing is scheduled for September 6, 2023, at 2:00 p.m. before Judge Larimer.
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Former Mutual Fund Founder and Manager Sentenced for Defrauding InvestorsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that OFER ABARBANEL was sentenced by U.S. District Judge Lewis A. Kaplan to four years in prison for defrauding investors and prospective investors in a mutual fund he founded and controlled. ABARBANEL previously pled guilty to one count of investment adviser fraud.
U.S. Attorney Damian Williams said: “Ofer Abarbanel violated the trust placed in him by investors. He promised investors safe and liquid investments, but instead transferred their money to counterparties he controlled and engaged in risky investments he was not authorized to make. Today’s sentence should send a strong signal to investment advisers that violations of their fiduciary duties to investors will have consequences.”
According to the allegations in the Indictment, Superseding Information, and statements made in public court proceedings:
Beginning in approximately 2018 through his arrest in June 2021, OFER ABARBANEL engaged in a scheme to defraud investors in a mutual fund he founded and controlled, called “Income Collecting 1-3 Months T-Bills Mutual Fund” (the “Fund”). ABARBANEL also owned and controlled the investment adviser to the Fund. In that capacity, ABARBANEL made materially false representations and omitted material information to the largest group of investors (the “Investor Group”) about how their money would be invested.
Among other things, ABARBANEL falsely represented that investments in the Fund would be placed “primarily” in short-term United States Treasury securities, when instead of investing in such securities directly, ABARBANEL and his confederates transferred the investor funds to counterparties controlled by or otherwise closely associated with ABARBANEL for use, among other things, in trading not authorized by the Fund’s offering documents.
ABARBANEL further represented that, in order to enhance income, the Fund intended to invest in securities lending transactions as well as repurchase and reverse repurchase agreements. ABARBANEL represented, as to these transactions, that the Fund would receive and maintain in its possession and control safe and secure collateral in the form of Treasury securities that could be quickly liquidated in the event a counterparty defaulted on its obligations. ABARBANEL, however, failed to obtain for the Fund the promised collateral to secure the investments. Nonetheless, ABARBANEL repeatedly represented, in substance, that the Fund had possession of the collateral.
In or about May and June 2021, ABARBANEL failed to honor a redemption request by the Investor Group for the entirety of its outstanding investment, totaling more than $100 million, instead placing conditions on the redemption that were contrary to the Fund’s offering document and to the Fund’s practices with respect to prior redemptions. On or about June 16, 2021, the Fund transferred more than $10 million in investor funds from the Fund to a personal brokerage account of an attorney working with the Fund.
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In addition to the prison sentence, OFER ABARBANEL, 48, of Woodland Hills, California, was ordered to forfeit $106 million and to pay restitution to victims in the amount of $106 million.
Mr. Williams praised the investigative work of the U.S. Postal Inspection Service.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorney Allison Nichols is in charge of the prosecution.
Former Idaho Farm Foreman Indicted for Wire Fraud, Extortion, and Filing False Tax ReturnsRead the Press Release
BOISE – A federal grand jury in Boise returned an indictment charging Ernesto Garibay Garza, 61, of Texas, with wire fraud, extortion, and filing false tax returns, U.S. Attorney Josh Hurwit announced today.
According to the indictment, Garza worked as a farm foreman in Idaho at least between 2005 and 2019, during which time he used H-2A agricultural workers, who lawfully enter the United States to perform agricultural labor or services on a temporary or seasonal basis, to further a scheme to defraud the farm and he also extorted the H-2A agricultural workers for annual cash payments. The indictment also charges Garza with filing false tax returns.
According to the indictment, Garza implemented the unlawful scheme while he worked as a supervisor and foreman for F.D.C. in Glenns Ferry. F.D.C. is an agricultural services company that operates farms throughout Idaho, including in Glenns Ferry. The farm employs H-2A agricultural workers each year from approximately March to November.
According to the indictment, beginning in approximately May 2005, Garza began defrauding F.D.C. by reporting more hours on timesheets than actually worked by the H-2A agricultural workers, then requiring the H-2A agricultural workers to pay back the hours that the H-2A agricultural workers did not work in cash to Garza every two weeks. Garza directed and caused another individual to collect cash from the H-2A agricultural workers. Garza informed the H-2A agricultural workers that they would not be allowed to return to F.D.C. the following year if they refused to remit the cash to Garza. Garza also obtained separate annual cash payments from H-2A agricultural workers as a condition of future employment, with their consent induced by wrongful threat of economic harm against H-2A rules and regulations.
Garza is scheduled for trial on July 10, 2023, before Chief U.S. District Judge David C. Nye of the U.S. District Court for the District of Idaho. If convicted, he faces a maximum of 20 years in federal prison.
U.S. Attorney Hurwit credited the cooperative efforts of the Idaho State Police and the Internal Revenue Service - Criminal Investigation, which led to the charges.
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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Former D.C. Government Employee Pleads Guilty to Stealing more than $350,000 from the District’s Project Empowerment ProgramRead the Press Release
Defendant Previously Served Prison Sentence for Different Theft Scheme
WASHINGTON – Rhayda Barnes Thomas, 52, of Washington, D.C., a former employee of the D.C. Department of Employment Services’ Project Empowerment Program, pleaded guilty today to stealing more than $350,000 from the Project Empowerment Program between May 2015 and April 2018.
The announcement was made by U.S. Attorney Matthew M. Graves, District of Columbia Inspector General Daniel W. Lucas, and Inspector in Charge Damon E. Wood, Washington Division, U.S. Postal Inspection Service.
Barnes Thomas pleaded guilty to one count of wire fraud before the Honorable Richard J. Leon, who scheduled sentencing for August 16, 2023. As part of her plea agreement, she agreed to pay restitution of at least $354,000, and to be liable for a forfeiture money judgment totaling $318,413.
The D.C. government’s Project Empowerment Program provides employment services to D.C. residents who have multiple barriers to employment, such as a history of substance abuse, a history of job cycling (not maintaining steady employment), and either a felony conviction or previous incarceration. One phase of the program consists of subsidized employment, which involves the D.C. government paying the wages of participants while they work at worksites. During this phase, worksites were responsible for entering participants’ work hours into an electronic system used by Project Empowerment. In turn, the D.C. government would then have payments corresponding with those hours issued to accounts associated with participants, usually in the form of pre-paid bank debit cards.
In 2011, Barnes Thomas pleaded guilty in Maryland federal court to theft involving a federal government program in connection with a scheme to use federal funds received by her school employer to buy technology for herself, her family, and friends. She was sentenced to 27 months in prison for that offense.
In August 2013, following her release from prison, Barnes Thomas participated in the Project Empowerment Program. She ultimately was hired by the program as a Program Support Assistant in February 2014. From May 2015 through April 2018, she stole hundreds of thousands of dollars from the program by reviving 16 former Project Empowerment participants’ profiles and modifying entries in a database to falsely show them as working for a non-profit organization, which was not true. She also used the name of a former employee from the non‑profit organization to enter and approve time in the database showing individuals as working when they were not. In addition, she ordered or caused to be ordered replacement and new prepaid debit cards on behalf of the former Project Empowerment participants whose profiles she fraudulently revived. As a result of her conduct, she caused the D.C. government to request that Wells Fargo Bank load funds onto those prepaid debit cards, which she controlled.
In announcing the guilty plea, U.S. Attorney Graves, Inspector General Lucas, and Inspector in Charge Wood commended the work of those who investigated the case from the D.C. Office of the Inspector General, the U.S. Postal Inspection Service, and the Criminal Investigations Unit in the U.S. Attorney’s Office for the District of Columbia. They also acknowledged the efforts of individuals from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Kondi Kleinman and David Gorman, Financial Analyst Bryan Snitselaar, Paralegal Specialists Michon Tart, Mariela Andrade, and Amanda Rohde, and former Paralegal Specialists Brittany Phillips and Aisha Keys.
Former Corrections Officer Sentenced to 12 Months for Bribery and Contraband SchemeRead the Press Release
NEW BERN, N.C. – Kamel Smallwood, 28, of Greenville, was recently sentenced to 12 months in prison for accepting a bribe as a public official and aiding and abetting. Smallwood was one of four former employees of Rivers Federal Correctional Institution (Rivers CI), in Winton, to be charged in a five-count indictment on March 2, 2022. She pled guilty to the charge on July 6, 2022.
“Public corruption undermines the rule of law and, when it arises in our prisons, endangers corrections officers, staff, and the public,” said U.S. Attorney Michael Easley. “Smallwood and Sykes put their greed for short term profits ahead of their oath to the public. We are partnering with the Department of Justice’s Office of Inspector General to investigate and prosecute corrupt correction officers like these who smuggle contraband into our federal prisons.”
“Smallwood’s actions undermined the safety and security of the Rivers Federal Correctional Institution. The Department of Justice Office of the Inspector General is committed to rooting out these kinds of bribery schemes and bringing the perpetrators to justice,” said Russell W. Cunningham Special Agent in Charge of the Department of Justice Office of the Inspector General Washington Field Office.
According to court records and statements made during hearings, in 2019, a former correctional officer at Rivers CI provided the names of several other Rivers CI employees that she believed were bringing contraband into the prison.
Based on that information, investigators obtained records from CashApp, a mobile application, for individuals including Smallwood and co-defendant Twonisha Sykes. These showed that between March 2 and March 12, 2019, Smallwood had four transactions or attempted transactions with user “Rico,” an account later confirmed to belong to Rivers CI inmate Francois Toure. Law enforcement identified a variety of other transactions in which inmates or friends, or family of inmates transferred money to Smallwood. In total, these transactions accounted for well over $10,000. Records showed that Sykes also received numerous CashApp payments from inmate Toure. In one instance, 10 minutes after Sykes received a $1,200 payment from Toure, she paid the same amount to Smallwood.
Sykes admitted during a December 2019 interview that she introduced Smallwood to inmate Toure. Toure then began paying Smallwood to smuggle cigarettes into the prison. Sykes estimated that Smallwood brought in cigarettes four times, each time plastic wrapped to her body. Sykes admitted that inmate Toure gave her the money to pay Smallwood for the contraband because Smallwood at first preferred not to deal directly with Toure.
In March 2020, agents interviewed Francois Toure. He confirmed that he gave Sykes money to transfer to Smallwood in payment for Smallwood bringing in cigarettes. He estimated that Smallwood brought in cigarettes on two occasions, with two or three cartons each time. He said that they arranged for Smallwood to make drops in bathrooms. He further stated that Smallwood began dealing with another inmate once Toure was sent to the special housing unit for disciplinary reasons. CashApp records for Smallwood included a memo that bore the second inmate’s name.
Co-defendant Sykes was sentenced on March 1, 2023 and received a day of custody and three years of supervised release.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina, made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Department of Justice Office of Inspector General (DOJ OIG) conducted the investigation. Assistant U.S. Attorney Jake D. Pugh prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 2:22-cr-0003-FL-001.
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Former Chief Financial Officer of $21 Billion Biopharmaceutical Company Admits Insider TradingRead the Press Release
NEWARK, N.J. – The former chief financial officer for a biopharmaceutical company today admitted his role in an insider trading scheme, U.S. Attorney Philip R. Sellinger announced.
Usama Malik, 48, of Washington, D.C., pleaded guilty today before U.S. District Judge John Michael Vazquez in Newark federal court to Count One of an indictment charging him with securities fraud/insider trading.
According to documents filed in this case and statements made in court:
From 2018 through October 2020, Malik was the chief financial officer (CFO) of a New Jersey-based biopharmaceutical company listed on the NASDAQ Stock Exchange. On April 6, 2020, the company publicly announced for the first time that its breast cancer drug – an antibody-based drug designed to treat certain breast cancer patients who had very limited treatment options beyond chemotherapy – had proven effective in pre-market clinical trials. In October 2020, another biopharmaceutical company acquired the company for which Malik worked for approximately $21 billion.
Malik was among the first, and one of the few, employees who received material non-public information about the breast cancer drug before the public announcement. Within minutes of obtaining that information, Malik passed it along to Lauren S. Wood, 34, also of Washington, D.C. Wood lived with Malik at the time and was formerly employed by the same company as him. Before April 6, 2020, and within hours of receiving the insider information from Malik, Wood placed an order for approximately 7,000 shares of the company’s stock, despite the fact that during the same time period the company’s stock was downgraded by financial experts. After the company announced that its cancer drug had proven effective in pre-market clinical trials, its stock price increased. After selling her shares, Wood realized a significant profit.
The count to which Malik pleaded guilty is punishable by a statutory maximum penalty of 20 years in prison and a maximum fine of $5 million. Sentencing is scheduled for Sept. 18, 2023.
Wood pleaded guilty on June 22, 2022, to an information charging her with securities fraud/insider trading. She is scheduled to be sentenced on Dec. 18, 2023.
The U.S. Securities and Exchange Commission (SEC) also filed a civil complaint on Dec. 1, 2021, based on the same conduct.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the guilty plea. He also thanked the SEC Enforcement Division, under the leadership of Director Gurbir S. Grewal, and the FBI in the District of Columbia and the Eastern District of Virginia, for their assistance.
The government is represented by Assistant U.S. Attorneys Joshua L. Haber, Chief of the Economic Crimes Unit, and First Assistant U.S. Attorney Vikas Khanna.
malik.indictment.pdfFormer Bosnian Prison Camp Supervisor Charged with Decades-Long Scheme to Conceal Wartime PersecutionRead the Press Release
BOSTON – A Swampscott man was arrested and charged today for allegedly making fraudulent claims of persecution to become a United States refugee and, later, a United States citizen.
Kemal Mrndzic, 50, was charged with falsifying, concealing, and covering up a material fact from the U.S. government by trick, scheme, or device; using a fraudulently obtained U.S. passport; and possessing and using a fraudulently obtained naturalization certificate and fraudulently obtained Social Security card. Mrndzic was arrested this morning and, following an initial appearance in federal court in Boston this afternoon before Chief Magistrate Judge M. Page Kelley, was released on a $30,000 cash bond.
According to the complaint affidavit, Mrndzic served as a supervisor of the guards at a notorious prison camp in Bosnia and Herzegovina during the sectarian war which fractured the country in the 1990s. The United Nations International Criminal Tribunal for the Former Yugoslavia (ICTY) found that guards at the Celebici prison camp had committed numerous murders, rapes, and had engaged in torture and other forms of persecution of Serb prisoners held at the camp. Three of Mrndzic’s fellow guards were convicted by the ICTY after a trial in the Hague at which survivors testified to the harrowing prison camp conditions. According to the complaint, numerous survivors have since identified Mrndzic as being involved in the beatings and other abuses committed there.
According to court documents, after the war ended, investigators from the ICTY interviewed Mrndzic in Sarajevo and allegedly accused him of being involved in the abuses at Celebici. Mrndzic subsequently concocted a scheme to flee the country by crossing the border into Croatia and allegedly applying as a refugee to the United States using a fabricated story. It is alleged that in his refugee application and interview, he falsely claimed that he fled his home after he was captured, interrogated and abused by Serb forces, and could not return home for fear of future persecution. He was admitted to the U.S. as a refugee in 1999, and ultimately became a naturalized U.S. citizen in 2009.
Celebici Camp survivors and family members who have information about the operation of the Camp, or have questions regarding this matter, should call the U.S. Attorney’s Office at 888-221-6023 or send an email to: [email protected]. Please indicate if you would prefer to be contacted in English or Serbo-Croatian.Bivši logoraši koji su bili u logoru u Čelebićima ili članovi njihovih porodica koji imaju informacije o logoru ili pitanje o ovom predmetu, mogu nazvati Jedinice za pomoć žrtаva kod kancelarije federalnog tužioca tel. 888-221-6023 ili putem e-mailom: [email protected]. Molim obavjestite nas ako želite da mi vas kontaktiramo na engleskom ili na srpskom-hrvatskom-bosanskom jeziku.
Бивши логораши који су били у логору Челебићима или чланови њихових породица који имају информације о логору или питање о овом предмету, могу назвати Јединице за помоћ жртава код канцеларије федералног тужиоца тел. 888-221-6023 или путем е-маилом: [email protected]. Молим обавјестите нас ако желите да ми вас контактирамо на енгелеском или на српском-хрватском босанском језику.
The use of a fraudulently obtained passport and fraudulently obtained naturalization certificate charges each provide for a sentence of up to 10 years in prison, followed by three years of supervised release and a $250,000 fine. On each of the two remaining charges, the maximum sentence under the statutes is five years in prison, followed by three years of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
The ICTY judgment which provides a detailed recitation of crimes committed at Celebici can be found here.
United States Attorney Rachael S. Rollins; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England; Sharon B. MacDermott, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office; and Jonathan Davidson, Special Agent in Charge of U.S. Department of State’s Diplomatic Security Service, Boston Field Office made the announcement today. This matter was investigated with the assistance of the United States Interagency Human Rights Violators & War Crimes Center. The Swampscott Police Department also provided important assistance. Assistant U.S. Attorneys John T. McNeil and Jason A. Casey of Rollins’ National Security Unit are prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Board Chair of Connecticut Energy Cooperative Sentenced to Prison for Misusing FundsRead the Press Release
Vanessa Roberts Avery, United States Attorney, for the District of Connecticut, announced that JAMES SULLIVAN, 56, former chairperson of the Connecticut Municipal Electric Energy Corporation (“CMEEC”) Board of Directors, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to six months of imprisonment, followed by three years of supervised release, for misusing CMEEC funds.
CMEEC is a cooperative public corporation that permits municipal electric utilities in Connecticut to join together to furnish electric power in the municipalities’ areas of operation. CMEEC’s members included the City of Norwich, the City of Groton, the Borough of Jewett City, the Second Taxing District of the City of Norwalk, the Third Taxing District of the City of Norwalk, and the Town of Bozrah. As the owners of CMEEC, each member town executed an agreement through its respective municipal electric utility outlining the terms and conditions under which the CMEEC members participated together in CMEEC. The CMEEC membership agreement provides that excess revenues are designated as “CMEEC Margin,” and that the excess revenues are to be returned to the member towns to help keep electricity costs stable for ratepayers.
Between 2010 and 2015, CMEEC received more than $9 million dollars from the U.S. Department of Energy. CMEEC member towns also received funds from federal grants.
According to the evidence and testimony presented during a trial in 2021, Drew Rankin, who was the former chief executive officer of CMEEC, Sullivan, and other members of the CMEEC Board of Directors, planned, organized, and directed lavish trips outside of Connecticut, including trips to the Kentucky Derby in 2015 and 2016, and to a luxury golf resort in West Virginia in 2015. These trips did not relate to CMEEC business, but were intended to personally benefit, compensate and reward Rankin, Sullivan, CMEEC Board members, their family members, friends, and associates. Costs for the trips, which totaled more than $800,000, included travel expenses, private chartered airfare, first-class hotel accommodations, meals, tickets to sporting events, golf fees, souvenirs and gifts.
For the Kentucky Derby trip in 2015, which had an average cost of approximately $9,000 per guest, Sullivan brought his son, his brother, his sister-in-law, a young woman he knew through her work as a bartender, and the woman’s friend. In August 2015, Rankin, Sullivan, and two other CMEEC Board members traveled, at CMEEC expense and a cost of more than $21,000, to the Greenbrier golf resort in West Virginia. When Rankin initially proposed the trip to Sullivan, Sullivan responded, “Is your name ‘I deserve a raise?’”
In response to reporter inquiries about the Kentucky Derby and golf trips, Rankin underreported the costs of the trips, omitted the names of attendees who were not CMEEC employees or board members, and made other false statements related to how the trips were funded. After the trips were known to the general public, CMEEC canceled a reservation it had made for the 2017 Kentucky Derby, and was refunded only approximately $90,000 of the $298,960 it had prepaid for the trip in May 2016.
On December 10, 2021, a jury found Rankin; Sullivan, and John Bilda, the former City of Norwich representative on the CMEEC Board of Directors, guilty of one count of theft concerning a program receiving federal funds.
On May 16, 2023, Judge Meyer sentenced Rankin to 12 months of imprisonment. Bilda is scheduled to be sentenced tomorrow.
Restitution will be determined after additional court proceedings.
Sullivan is required to report to prison on July 12.
This matter has been investigated by the Federal Bureau of Investigation; Internal Revenue Service, Criminal Investigation Division; with the assistance of the U.S. Department of Homeland Security – Office of Inspector General and the U.S. Department of Energy. The case is being prosecuted by Assistant U.S. Attorneys Sarah P. Karwan, Michael S. McGarry and Tara E. Levens.
Felon sentenced for washateria carjacking and shootingRead the Press Release
HOUSTON – A 31-year-old local man has been sent to prison for carjacking and discharging a firearm during a crime of violence, announced U.S. Attorney Alamdar S. Hamdani.
Zachary Smith, Houston, pleaded guilty Feb. 21.
Today, Chief U.S. District Judge Randy Crane handed Smith a 41-month-term of imprisonment for the carjacking and another 120 months for the firearms charge which must be served consecutively to the other sentenced imposed. The total 161-month-sentence will be immediately followed by three years of supervised release. At the hearing, the court heard additional evidence that described the Smith’s criminal history.
On Feb. 6, Smith discharged a firearm while carjacking the victim and stealing his vehicle in the parking lot of a washateria on Melbourne Drive. He was also involved in a shooting Feb. 7 on the 2000 block of Broadway Street. On that day, Smith led law enforcement in a pursuit that came to an end when he crashed into a patrol unit.
Smith has been and will remain in custody.
The FBI conducted the investigation with the assistance of the Texas Department of Public Safety, Houston Police Department and Harris County Sherriff’s Office. Assistant U.S. Attorney Britni Cooper is prosecuting the case.
Federal Jury Convicts Alabama Resident of Aggravated Sexual Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announces today that Dennis Hebert, age 38, of Phenix City, Alabama, was found guilty by a federal jury of one count of Aggravated Sexual Abuse in Indian Country.
The jury trial began with testimony on May 15, 2023, and concluded on May 17, 2023, with the guilty verdict.
During the trial, the United States presented evidence that on July 21, 2021, in McAlester, Oklahoma, the defendant, Dennis Hebert, engaged in a sexual act with a child under the age of twelve. The government also called another witness who testified to having been sexually abused by Hebert as a child.
The case was investigated by the Choctaw Nation Tribal Police and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim is a member of a federally recognized Indian tribe and the crimes occurred in Pittsburg County, within the boundaries of the Choctaw Nation Reservation and 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 trial in Muskogee and ordered the completion of a presentence report. The sentencing will be scheduled following completion of the report. The defendant will remain in the custody of the United States Marshal until sentencing.
Assistant United States Attorneys Anthony C. Marek and Caila M. Cleary represented the United States.
Federal Court Permanently Shuts Down New York Tax PreparerRead the Press Release
A federal court in the Eastern District of New York has permanently enjoined a tax return preparer and her Brooklyn-based business from preparing federal tax returns for others and from owning, operating, or working for any tax return preparation business in the future.
The civil complaint filed in the case alleged that Melida Portorreal, through her tax return preparation company, International Travel Multi & Tax Corp., prepared fraudulent federal income tax returns for others. According to the complaint, Portorreal prepared and filed fraudulent federal tax returns for others that included the following schemes:
- reporting false filing statuses, including, in at least one instance, using one customer’s name and social security number to qualify another customer for Head of Household filing status without either customer’s knowledge or consent;
- fabricating erroneous itemized deductions to reduce taxable income, including false student loan interest deductions, false educator expense deductions, and false employee business expense deductions;
- fabricating business expenses; and
- claiming non-deductible expenses on customers’ tax returns in order to obtain entitlement to the earned income tax credit and the child tax credit.
The complaint alleges the IRS estimated that Portorreal filed returns due for the 2018, 2019, and 2020 tax years that caused losses to the United States exceeding $1 million in each year.
According to the court’s order, Portorreal and her company consented to entry of the injunction, which permits the United States to conduct post-judgment discovery to monitor compliance with the injunction. The order requires that they (1) send notice of the injunction to each person for whom Portorreal and her company prepared federal tax returns, amended tax returns, or claims for refund from February 25, 2021 through May 31 2022, and (2) post an electronic copy of the injunction on any business social media profile currently maintained or created over the next five years.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Shady tax return preparers remain a concern of the IRS, which recently warned taxpayers about unscrupulous tax return preparers are part of the IRS’s Dirty Dozen series. Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.
In the past decade, the Department of Justice Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
False Claims Act Settlement Reached with Rockingham Health Care ProviderRead the Press Release
GREENSBORO – United States Attorney Sandra J. Hairston announced today that Compassionate Counseling Services, LLC (“Compassionate”), a behavioral health provider located in Rockingham, North Carolina, has agreed to pay $150,000 to settle civil claims under the Federal and North Carolina False Claims Acts concerning allegations that Compassionate caused the submission of false claims to the North Carolina Medicaid program.
Specifically, the United States and the State of North Carolina alleged that from June 7, 2016 through January 8, 2021, Compassionate circumvented North Carolina Medicaid requirements by improperly submitting claims for Diagnostic Assessments and also by improperly submitting claims following those Diagnostic Assessments. Under North Carolina Medicaid rules and regulations, Diagnostic Assessments serve as the initial order to establish medical necessity for certain treatment services: they must be signed and dated by certain professionals and serve as the initial order for services to take place.
The governments alleged that Compassionate employed only one such authorized professional to sign Diagnostic Assessments, who only worked on-site at Compassionate’s office location on the third Friday of each month and could not have provided the required signatures until then. The governments alleged that Compassionate circumvented the Diagnostic Assessment requirements by billing for, but failing to maintain, Diagnostic Assessments that were properly signed and dated by a required professional, while also engaging in the improper backdating of Diagnostic Assessments. As a result of failing to maintain properly signed and dated Diagnostic Assessments, the governments alleged that Compassionate failed to maintain documents supporting that the Diagnostic Assessments were properly rendered as claimed. The governments also alleged that Compassionate was unable to support medical necessity for services that were claimed as being rendered following the Diagnostic Assessments that were improperly billed without signature from a required professional.
“Healthcare providers who choose to circumvent rules and regulations for an increase in their profits cause harm to our government healthcare programs and the populations they serve,” said United States Attorney Sandra J. Hairston. “My office will continue to hold such providers accountable for their actions to protect the integrity of our government sponsored healthcare programs, for North Carolina Medicaid recipients, and taxpayers.”
“Health care providers that receive Medicaid resources need to use those resources properly,” said Attorney General Josh Stein. “When providers fail to responsibly steward taxpayer dollars, my office will hold them accountable. I’m grateful to U.S. Attorney Hairston and her office for their continued partnership to protect health care resources.”
The civil claims resolved by settlement here are allegations only. There has been no judicial determination of wrongdoing or admission of liability, and Compassionate denies the allegations.
This matter was investigated by the United States Attorney’s Office for the Middle District of North Carolina and the Medicaid Investigations Division of the North Carolina Attorney General’s Office (“MID”). Special Deputy Attorney General Matthew R. Petracca, who also serves as a Special Assistant United States Attorney, represented the United States and the State of North Carolina.
The United States Attorney’s Office for the Middle District of North Carolina, in partnership with law enforcement agencies and state entities, investigates and prosecutes healthcare providers that defraud government programs, including Medicare and Medicaid, and abuse their patients. The Medicaid Investigations Division investigates and prosecutes Medicaid fraud, patient abuse of Medicaid recipients, patient abuse of any patient in facilities that receive Medicaid funding, and misappropriation of any patients’ private funds in nursing homes that receive Medicaid funding.
To report Medicare fraud or patient abuse in North Carolina, please visit the United States Department of Health and Human Services’ website at https://oig.hhs.gov/fraud/ or call 800-HHS-TIPS (800-447-8477). To report Medicaid fraud or patient abuse in North Carolina, please call the MID at 919-881-2320.
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El Departamento de Justicia llega a un acuerdo con una compañía de contratación y servicios informáticos por haber publicado anuncios laborales discriminatoriosRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con American CyberSystems, Inc. una compañía con sede en Georgia que presta personal y servicios informáticos por todo el país bajo el nombre Innova Solutions (previamente conocida como ACS Solutions). El acuerdo resuelve la determinación por parte del Departamento que la compañía vulneró la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) al reclutar para dos puestos mediante anuncios que, de manera ilegal, excluyeron a ciertos postulantes con base en su estatus de ciudadanía.
«Los empleadores simplemente no pueden discriminar, de forma ilícita, a individuos con base en su estatus de ciudadanía a la hora de publicar oportunidades laborales», declaró Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Este acuerdo deja en claro nuestro compromiso de responsabilizar a los empleadores cuando vulneran la ley y discriminan por motivos de ciudadanía.»
«La nueva hoja informativa de la División de Derechos Civiles es un recurso más entre otros muchos recursos departamentales que existen para ayudar a empleadores a capacitar a su personal de contratación y reclutamiento a evitar los tipos de discriminación que ocurrieron en este caso.»
La investigación del División de Derechos Civiles halló que American CyberSystems discriminó a nacionales de los EE. UU., refugiados y asilados al publicar un anuncio que reclutaba únicamente a ciudadanos y residentes permanentes legales de los EE. UU. El puesto publicado involucraba el acceso a materiales que quedan sujetos a los Reglamentos del Tráfico de Armas Internacionales de los Estados Unidos (ITAR, por sus siglas en inglés) y los Reglamentos para la Administración de Exportaciones (EAR, por sus siglas en inglés). Los ITAR y EAR requieren que los empleadores pidan una autorización especial del Gobierno de los EE. UU. para ciertos trabajadores si su puesto requiere que accedan a artículos sometidos a controles a la exportación. No obstante, de acuerdo con estos reglamentos, los nacionales estadounidenses, así como los refugiados y asilados, están en la misma posición como ciudadanos y residentes permanentes legales de los EE. UU., y los empleadores no necesitan autorización para poder compartir artículos sometidos a controles a la exportación con esos trabajadores. El Departamento concluyó que la compañía no tenía motivos fundados para excluirlos de la contratación.
Por otra parte, el Departamento halló que la compañía publicó otro anuncio laboral no relacionado con el primero que discriminó a trabajadores inmigrantes y ciudadanos de los EE. UU. al buscar específicamente a trabajadores con visas temporales.
Conforme el acuerdo, American CyberSystems deberá capacitar a su personal de recursos humanos en cuanto a los requisitos de la disposición antidiscriminatoria de la INA, revisar sus políticas para garantizar que cumplan con las leyes relevantes y someterse a los requisitos de supervisión y declaración del Departamento. Asimismo, American CyberSystems deberá pagar una sanción civil como resultado de los anuncios discriminatorios.
La Sección de Derechos de Inmigrantes y Empleados de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación. Según se explica en una nueva hoja informativa que el Departamento publicó el 18 de abril, las obligaciones del empleador al amparo de esta ley no cambian a la hora de cumplir con los reglamentos y leyes que controlan las exportaciones. Otra hoja informativa tiene como objetivo ayudar a los empleadores a evitar la discriminación cuando reclutan mediante el uso de anuncios laborales en línea.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Aprenda más sobre cómo los empleadores pueden evitar la discriminación por motivos de estatus de ciudadanía en el sitio web de la IER. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Inscríbase para recibir las últimas noticias de la IER por correo electrónico.
Drug Trafficker Enlisted Juvenile in Drug Trafficking Operation, Sentenced to 140 Months in PrisonRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced today that Daniel Ruiz, aka “P-Nut,” 35, of Agawam, Massachusetts was sentenced today to serve 140 months of imprisonment after his conviction for conspiracy to distribute heroin, fentanyl, and cocaine base. Chief United States District Judge Geoffrey W. Crawford also ordered Ruiz to serve a three-year term of supervised release after his incarceration.
According to court records, Ruiz was arrested on March 23, 2022, shortly after the execution of search warrants at the Highlander Motel in Rutland, Vermont. Ruiz fled out the bathroom window of Room 15 of the Motel, and was apprehended shortly thereafter. Inside of Room 15, law enforcement located approximately 37 grams of cocaine base, 168 bags of fentanyl, over $5,000 in cash, and a Glock 9mm handgun. Law enforcement’s investigation revealed Ruiz was a supervisor and manager of a drug trafficking operation that operated out of the Highlander Motel from approximately January 2022 until Ruiz’s arrest on March 23, 2022. Ruiz’s criminal conduct involved the trafficking of at least 200 grams of cocaine and 80 grams of fentanyl, with Ruiz making up to $1,000 a day in profits from the sale of controlled substances. One of the people Ruiz managed and supervised was his co-defendant, Joel Caquias Aviles, 21, who was sentenced on November 9, 2022 to serve 30 months in prison for being a felon in possession of a firearm. Ruiz also managed and supervised the drug trafficking activities of a 17-year-old juvenile, whom Ruiz recruited into the group. Ruiz had the juvenile make deliveries of cocaine base and fentanyl to purchasing customers, paying the juvenile in both cash and marijuana.
Ruiz has a prior federal conviction in the District of Massachusetts for conspiracy to distribute and distribution of cocaine base, as well as a conviction in Massachusetts state court for possession with intent to distribute heroin. These two convictions made Ruiz a career offender under the Federal Sentencing Guidelines.
United States Attorney Nikolas P. Kerest commended the collaborative investigatory efforts of the Rutland City Police Department, the Department of Homeland Security’s Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the Federal Bureau of Investigation, Vermont State Police, the Bennington Police Department, the Weathersfield Police Department, the Rutland County Sheriff’s Department, the Ludlow Police Department, the Rutland Town Police Department, Vermont Department of Corrections, and the Burlington Police Department.
The government was represented by Assistant United States Attorneys Jonathan A. Ophardt and John J. Boscia. Ruiz was represented by Assistant Federal Public Defender Mary Nerino, Esq.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Colchester Woman Sentenced in Federal Court to 20 Months Imprisonment for Robbery of Church Street Store in BurlingtonRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that yesterday Sabrina Kingsbury, 41, most recently of Colchester, Vermont, was sentenced to 20 months imprisonment by U.S. District Court Judge Christina Reiss. Judge Reiss also sentenced Kingsbury to three years supervised release, which follows her prison sentence.
Kingsbury previously pleaded guilty to an offense under the Hobbs Act with obstructing commerce by robbery, which carries a maximum penalty of 20 years imprisonment. In recommending a sentence of 24 months or less, the government cited Kingsbury’s significant progress in addressing her substance abuse and mental health issues through treatment.
According to court records on April 18, 2022, at approximately 4:00 p.m., Kingsbury entered the Black Diamond store at 17 Church Street and gathered about $1,200 worth of merchandise. Kingsbury then attempted to leave the store without paying for these items. After store employees confronted her, she threatened to stab one of them with a knife. Soon after, officers from the Burlington Police Department arrested Kingsbury with the merchandise near the bus stop located at St. Paul and Pearl Streets. At the time of her arrest, Kingsbury possessed a Gerber Leatherman knife.
The Federal Bureau of Investigation and the Burlington Police Department investigated this case. The United States is represented by Assistant U.S. Attorney Joseph Perella. Steven Barth, Esq. of the Office of the Federal Public Defender represented Kingsbury.
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 https://www.justice.gov/psn .
Cincinnati man sentenced to 13 years in prison for fentanyl crime, violating supervised releaseRead the Press Release
CINCINNATI – Michael Anderson, 48, of Cincinnati, was sentenced in U.S. District Court to 156 months in prison and a lifetime of supervised release for possessing fentanyl with intent to distribute it. He was also on supervised release in another federal case.
According to court documents, on Nov. 1, 2021, Anderson possessed with the intent to distribute 40 grams or more of fentanyl and maintained his apartment as a place to manufacture, store and distribute drugs.
Hamilton County Heroin Task Force officers were investigating the overdose deaths of Anderson’s significant other and the baby she was carrying. They discovered a kitchen blender, hand press, scale and multiple bags of controlled substances. Investigators identified Anderson’s DNA on the packages that included fentanyl, heroin and xylazine.
Anderson had been sentenced in July 2017 to five years in prison followed by eight years of supervised release for possessing with the intent to distribute 500 grams or more of cocaine. His current offense violated his supervised release.
This case was prosecuted as part of the DEA’s Operation Overdrive, a data-driven, intelligence-led approach to combatting overdose deaths and drug-related violent crime. Cincinnati and Dayton were included in the 34 cities selected in Phase 1 of the operation.
“I commend the dedicated work across federal, state and local law enforcement to identify and investigate cases through Operation Overdrive, and my office’s attorneys who prosecute such cases,” said U.S. Attorney Kenneth L. Parker
U.S. Attorney Parker; Cincinnati Police Chief Teresa A. Theetge; Amberley Village Police Chief Richard L. Wallace and Ohio Attorney General Dave Yost announced the sentence imposed on May 16 by Senior U.S. District Court Judge Susan J. Dlott. Criminal Chief Karl P. Kadon is representing the United States in this case.
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Chantilly Man Sentenced for Distribution of Child PornographyRead the Press Release
ALEXANDRIA, Va. – A Chantilly man was sentenced today to 10 years in prison and 15 years of supervised release for distributing child sexual abuse material (CSAM).
According to court documents, in May 2020, Francisco Burgos, Jr., 38, began chatting with an individual located in Australia about their sexual interest in children over a messaging and chat app. Burgos sent the individual a video depicting child sexual abuse material in exchange for two such videos from the individual, who was actively recording the sexual abuse of his own children. In September 2022, Homeland Security Investigation (HSI) personnel searched Burgos’s hotel room and seized two cell phones containing child sexual abuse material that Burgos had shared using the WhatsApp application. Ultimately, law enforcement found 18 videos and 31 images of child sexual abuse material on the defendant’s phones.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Derek W. Gordon, Special Agent in Charge of U.S. Homeland Security Investigations (HSI) Washington, D.C., made the announcement after sentencing by U.S. District Judge Rossie D. Alston.
Assistant U.S. Attorney Laura D. Withers prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:22-cr-236.
Career Criminal Sentenced to 20 Years in Federal Prison for Violent, Armed Robbery of Indianapolis Car DealershipRead the Press Release
INDIANAPOLIS- Jeffrey Fleshood, 44, of Franklin, Indiana was sentenced to 20 years in federal prison after pleading guilty to Attempted Interference with Commerce by Robbery and Felon in Possession of a Firearm as an Armed Career Criminal.
According to court documents, on October 12, 2021, Jeffrey Fleshood attempted to rob a car dealership located on Washington Street in Indianapolis, Indiana. Around 12:30 pm that afternoon, Fleshood called the business to inquire about a truck that had been advertised for sale. Fleshood confirmed that he would come by the dealership at some point to buy the truck.
At 3:23 p.m. that same day, Fleshood entered the dealership. Fleshood spoke to Victim 1, who was working at the dealership that day, and told him that he wanted to see the truck. Fleshood then brandished a .380 caliber semiautomatic pistol, pointed it at Victim 1, and ordered him to get on his knees and put his hands in the air. Fleshood held the muzzle of the pistol against Victim 1’s back and attempted to bind his hands with zip-ties. Victim 1 fought back and wrestled the gun from Fleshood. During the struggle, Fleshood struck Victim 1 multiple times with his fists and the pistol. Victim 1 suffered multiple cuts, bruises, and a broken tooth because of the fight.
Victim 1 managed to get the gun away from Fleshood and call 911. Fleshood fled the scene of the robbery and was quickly arrested by Indianapolis Metropolitan Police Department Officers at the intersection of Southeastern and Arsenal avenues. During the investigation, officers located zip-ties on Fleshood’s person and scattered in the street.
At the time of his arrest, Fleshood had been previously convicted of six felonies, including residential entry, three separate burglary charges, resisting law enforcement, and possession of methamphetamine. These felony convictions prohibit Fleshood from possessing a firearm under federal law.
“Every person deserves to feel safe where they live and work. This defendant terrorized and violently robbed an innocent man at his place of employment,’ said U.S. Attorney for the Southern District of Indiana Zachary A. Myers. “His violent, senseless crimes have no place in our communities, and we are safer with him behind federal prison bars. I am grateful to the FBI and IMPD for ensuring that he is held accountable for his actions.
“This sentence clearly demonstrates the impact and importance of the ongoing collaboration between the FBI and the Indianapolis Metropolitan Police Department,” said FBI Indianapolis Special Agent in Charge Herbert J. Stapleton. “This defendant failed to learn from multiple previous felony convictions and instead chose to continue committing acts of violence. The FBI and our law enforcement partners remain committed to ensuring residents feel safe in their homes, places of work and the community.”
The case was investigated by the Federal Bureau of Investigation with valuable assistance provided by IMPD. The sentence was imposed by U.S. District Court Judge Richard L. Young. Judge Young also ordered that Fleshood be supervised by the U.S. Probation Office for 5 years following his release from federal prison.
U.S. Attorney Myers thanked Assistant United States Attorney Kelsey Massa, who prosecuted this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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California Child Rapist Sentenced to 2.5 Years in Federal Prison for Failing to Register as a Sex Offender After Moving to IndianaRead the Press Release
INDIANAPOLIS- David Day, 54, of Alexandria, Indiana has been sentenced to 2.5 years in federal prison after pleading guilty to failure to register as a sex offender.
According to court documents, on April 6, 1992, Day was convicted in the state of California of Rape by Force of a Minor Under 14 Years of Age. Day was sentenced to 19 years imprisonment and was released on parole on May 19, 2011. He was later sent back to prison and released in March of 2015. As a result of his conviction for raping a child under 14 by force, Day was required to register as a sex offender upon his release from prison.
Day registered as a sex offender in California on March 14, 2015, where he signed a notice acknowledging “If I move outside California, I am required by federal law to register in the new state within three (3) working days.” Day renewed his registration 11 times while living in California, each time acknowledging the requirement to register in a new state within three working days should he move outside the state. In or around October 2019, Day travelled from California to Alexandria, Indiana. Day lived in Alexandria, Indiana from October 2019 until July 27, 2021, without re-registering as a sex offender.
U.S. Attorney for the Southern District of Indiana, Zachary A. Myers and Dan McClain, U.S. Marshal for the Southern District of Indiana made the announcement.
“Sex offender registries exist to help protect our communities from violent child rapists like this defendant,” said U.S. Attorney Myers. “This prosecution and sentence should put every sex offender who is required to register on notice—failure to comply with federal registration requirements may result in a serious prison sentence. I commend the Marshals Service for their continuing efforts to keep our children safe.”
The United States Marshals Services investigated this case. The sentence was imposed by U.S. District Court Chief Judge Tanya Walton Pratt. Judge Pratt also ordered that Day be supervised by the U.S. Probation Office for 5 years following his release from federal prison. Day must also register as a sex offender wherever he lives, works, or goes to school, as required by law.
U.S. Attorney Myers thanked Assistant United States Attorney Kelsey Massa, who prosecuted this case.
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Browning man sentenced to prison for strangling woman on Blackfeet Indian ReservationRead the Press Release
GREAT FALLS — A Browning man who admitted to strangling a woman in the Browning area on the Blackfeet Indian Reservation was sentenced today to 27 months in prison to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.
Brandon Thomas Weatherwax, 32, pleaded guilty in January to strangulation.
Chief U.S. District Judge Brian M. Morris presided.
The government alleged in court documents that in October 2022, Weatherwax was at home with the victim, Jane Doe. Weatherwax repeatedly assaulted Jane Doe, including strangling her until she became unconscious.
Assistant U.S. Attorneys Kalah A. Paisley and Ryan G. Weldon prosecuted the case, which was investigated by the FBI and Blackfeet Law Enforcement Services.
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Bloods Gang Member Convicted of Witness TamperingRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today’s conviction in federal court of SIR MURRAY for witness tampering and conspiracy to commit witness tampering. MURRAY threatened, intimidated, and offered bribes to a sex trafficking victim for the purpose of inducing her to recant testimony she gave in a prior trial against a sex trafficker. The jury convicted MURRAY today following a three-day trial before U.S. District Judge Lorna G. Schofield.
U.S. Attorney Damian Williams said: “Sir Murray’s conviction sends a clear message to the public that efforts to corrupt the criminal justice system will not be tolerated. Those who threaten, intimidate, or try to bribe witnesses will be held accountable, and those who engage in such efforts should be on notice that they will be brought to justice.”
According to the Indictment, documents filed previously in the case, and the evidence admitted at trial:
In fall 2021, MURRAY agreed with Justin Rivera, who was convicted of conspiracy to commit sex trafficking following a trial in the Southern District of New York in June 2021, to tamper with a victim (“Victim-1”) who testified at Rivera’s trial. MURRAY offered Victim-1 bribes, intimidated her, and threatened her for the purpose of persuading her to recant her testimony. In executing the plan, MURRAY directly contacted Rivera, who was in custody, exclusively through a contraband cellphone that Rivera maintained where he was in custody.
MURRAY and Rivera are both members of the Bloods street gang, and in his communications with Victim-1, MURRAY offered Victim-1 payment from “every Blood in [Long Island]” in exchange for Victim-1 recanting her testimony. MURRAY also sent Victim-1 multiple written messages containing veiled threats stating that MURRAY had done an “investigation” of Victim-1, knew where she lived, and knew that Victim-1 had a “beautiful son.”
MURRAY’s co-conspirator, Rivera, was convicted of one count of conspiracy to commit sex trafficking following a trial in June 2021 before U.S. District Judge Paul A. Engelmayer. In October 2022, Judge Engelmayer sentenced Rivera to a prison term of 21 years. Having considered much of the same evidence presented to the jury at MURRAY’s trial, Judge Engelmayer stated at Rivera’s sentencing that “the facts . . . set out a blatant instance of post-trial witness tampering” that “was transparently aimed at subverting a justly returned conviction.”
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MURRAY, 31, of Suffolk County, New York, was convicted of one count of witness tampering in connection with a criminal case and one count of conspiring to do the same. The maximum sentence on both counts is life in prison.
The maximum sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge. MURRAY is scheduled to be sentenced on September 18, 2023.
Mr. Williams praised the outstanding work of the Suffolk County Police Department and the Federal Bureau of Investigation’s Child Exploitation and Human Trafficking Task Force.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorneys Thomas S. Burnett, Lisa Daniels, and Daniel H. Wolf are in charge of the prosecution, with the assistance of Paralegal Specialist Maria Gatica.
Billings man admits to possessing child pornography on cellphone in undercover operationRead the Press Release
BILLINGS — A Billings man today admitted to a child pornography crime after he and another individual were arrested in an undercover investigation when they arrived at a park to meet a fictitious teenage boy, U.S. Attorney Jesse Laslovich said.
Jeffrey Mayes Wilkerson, 39, pleaded guilty to possession of child pornography. Wilkerson faces a maximum of 20 years in prison, a $250,000 fine and five years to a lifetime of supervised release.
U.S. District Judge Susan P. Watters presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. If the court accepts the plea agreement reached in the case, Wilkerson will serve no less than 51 months of imprisonment. The court set sentencing for Sept. 14. Wilkerson was released pending further proceedings.
In court documents, the government alleged that on July 14, 2022, law enforcement conducted an undercover investigation in Billings in which investigators assumed the identity of a 13-year-old boy on a social media site. The undercover profile was contacted the same day by co-defendant, Kyle Ray Schwindt. Communications between the undercover and Schwindt were later connected to Wilkerson. The communications led to setting up a meeting in a park on July 15, 2022. Law enforcement arrested Schwindt and Wilkerson when they arrived at the park. Investigators served a search warrant on Wilkerson’s cellphone and found multiple videos of child pornography and a text exchange with Schwindt relating to the fictitious 13-year-old. The videos contained images of prepubescent children engaged in sexually explicit conduct. Schwindt was sentenced to five years and 11 months in prison for his conviction in the case.
Assistant U.S. Attorneys Zeno B. Baucus and Bryan T. Dake are prosecuting the case. The FBI and Yellowstone County Sheriff’s Office conducted the investigation.
This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.
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Artist who falsely claimed Native American heritage sentenced for violations of the Indian Arts and Crafts ActRead the Press Release
Seattle – A 67-year-old Western Washington artist was sentenced today to 18 months of federal probation for violations of the Indian Arts and Crafts Act (IACA) by representing himself as a Native American artist, when he had no tribal enrollment or heritage, announced U.S. Attorney Nick Brown. Jerry Chris Van Dyke aka Jerry Witten, of Seattle, pleaded guilty in March 2023. At the sentencing hearing, U.S. District Judge Tana Lin noted that this was not a one-time error, but a ten-year period of “undermining a community and identity.”
“Prosecuting cases of fraud in the art world is a unique responsibility and part of our work to support Tribal Nations,” said U.S. Attorney Nick Brown. “I hope this case will make artists and gallery owners think twice about the consequences of falsely calling an artist Native and work Native-produced. They should consider the damage to reputation, the legal fees, and ultimately a criminal record. Fake Native art should be kept out of the marketplace because it harms the legitimate Native art community.”
The investigation of Jerry Van Dyke began in February 2019, when the Indian Arts and Crafts Board received a complaint that Van Dyke was representing himself as a Nez Perce Indian artist, when in fact, he is not an enrolled tribal member. Investigators from the U.S. Fish and Wildlife Service made undercover purchases at a gallery in the Pike Place Market area of Seattle that advertised pendants Van Dyke had made as Native American art. Van Dyke used the name Witten for these sales. When interviewed by agents, Van Dyke admitted knowing about the Indian Arts and Crafts Act, and admitted he was not a tribal member. Through the gallery Van Dyke had sold more than $1,000 worth of carved pendants represented as Native American artwork based on Aleut masks. According to the plea agreement, Van Dyke had worked with the gallery for more than ten years, with the gallery owner providing him with woolly mammoth ivory, antlers, animal bones and fossilized walrus ivory to make the pendants that it sold.
Speaking in court today, Shannon F. Wheeler, Chair of the Nez Perce, said “artwork is full of our culture… it is a piece of who we are.” Chair Wheeler continued that the sale of fake Native art “continues a process of devaluing us as a people.”
Native art “speaks of the enduring relationship that we have with our landscape,” said Nez Perce Cultural Resource Director Nakia Williamson. “All we have left is our identity, and that is under attack.”
“Jerry Van Dyke’s false tribal affiliation and marketplace saturation erodes the sustainability and economic well-being of Native American artists," said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service Office of Law Enforcement. "Our dedicated team of special agents works on behalf of the U.S. Department of the Interior and the Indian Arts and Crafts Board to protect American Indian and Alaska Native artists and the consumers who purchase authentic Native American art and craftwork. This sentencing is important in the ongoing effort to end violations of the Indian Arts and Crafts Act. We want to thank our partners at the U.S. Department of Justice and the Indian Arts and Crafts Board for their assistance with this investigation.”
"By statute, the Indian Arts and Crafts Board (IACB) is responsible for the Indian Arts and Crafts Act, a truth-in-marketing law governing the sale of Indian art and craftwork. The prosecution of Jerry Van Dyke under the Indian Arts and Crafts Act for counterfeiting Alaska Native art is another critically important step in protecting the economic livelihoods and rich cultural heritage of contemporary and traditional Indian artists, as well as preserving the vitality of the Indian art market in the Northwest and nationwide,” stated IACB Director Meridith Stanton. “When individuals and businesses market art misrepresented as Indian made, they undercut Indian artists and Indian economies, and prey upon unwitting consumers. For those selling counterfeit Indian art and craftwork, wherever you are we will diligently work to find you and prosecute you under the Act.”Van Dyke pleaded guilty in March 2023 to Misrepresentation of Indian Produced Goods and Products. The crime is punishable by up to one year in prison.
The case was investigated by the U.S. Fish and Wildlife Service. The case was prosecuted by Assistant United States Attorney and Tribal Liaison J. Tate London.
Allen County Felon Sentenced to 10 Years in Federal Prison for Multiple Counts of Methamphetamine Trafficking and Illegal Possession of a FirearmRead the Press Release
Bowling Green, KY – An Allen County, Kentucky, man was sentenced today to 10 years in federal prison for three counts of possessing with the intent to distribute methamphetamine 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, Commissioner Phillip Burnett, Jr. of the Kentucky State Police, Sheriff Brandon Ford of the Allen County Sheriff’s Office, and Chief Darren Tabor of the Scottsville Police Department made the announcement.
According to court documents, on March 26, 2021, in Allen County, Kentucky, Timothy D. Harrison, 41, possessed with the intent to distribute 24.002 grams of methamphetamine. Harrison also possessed a Ruger Wrangler .22 caliber revolver. Harrison was prohibited from possessing a firearm because he had previously been convicted of the following felony offense. On February 25, 2020, in Allen Circuit Court, Harrison was convicted of first-degree possession of a controlled substance.
On May 12, 2021, in Warren County, Kentucky, Harrison possessed with the intent to distribute 25.69 grams of methamphetamine, and a Taurus PT 24/7, .40 caliber semiautomatic pistol. Harrison was prohibited from possessing a firearm because he had previously been convicted of the above stated felony offense.
On November 17, 2021, in Allen County, Kentucky, Harrison possessed with the intent to distribute 39.40 grams of methamphetamine.
Following the 10-year prison sentence, Harrison was ordered to serve 4 years of supervised release. There is no parole in the federal system.
The case was investigated by the DEA Bowling Green Field Office, the Kentucky State Police, the Allen County Sheriff’s Office, and the Scottsville Police Department, with assistance by the ATF Bowling Green Field Office.
Assistant U.S. Attorney Mark J. Yurchisin II, of the United States Attorney’s Bowling Green 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.
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7 defendants convicted of crimes related to multi-state narcotics, money laundering conspiraciesRead the Press Release
COLUMBUS, Ohio – The final defendant charged in narcotics and money laundering conspiracies pleaded guilty in U.S. District Court today. Seven defendants are responsible for conspiring to traffic thousands of oxycodone pills and more than three kilograms of methamphetamine into Ohio from Florida and California, and for conspiring to launder more than $2.5 million in drug proceeds.
Michael J. Moore, 47, of Inglewood, California, admitted to conspiring to launder the proceeds of methamphetamine and oxycodone trafficking. Moore also pleaded guilty to conspiring to possess with intent to distribute the drugs.
As part of Moore’s plea, the parties involved have recommended a range of 11 to 16 years in prison.
According to court documents, from at least 2015 through at least 2018, Moore and six women conspired to distribute and possess with intent to distribute methamphetamine and oxycodone. The defendants illegally diverted and transported oxycodone pills from Florida to Ohio and from California to Ohio. They trafficked methamphetamine from California to Ohio.
For example, Moore obtained fraudulent oxycodone prescriptions in Florida on approximately 10 occasions between 2015 and 2016, allowing him to obtain more than 1,000 pills.
Lower-level members of the conspiracy fraudulently obtained a substantial number of pills, providing them to higher-level members and keeping the balance of the pills as payment to feed their addictions.
In total, the group obtained and distributed between 5,656 and 100,000 30-milligram oxycodone pills, which were then sold for between $20 and $30 per pill.
Moore also admitted to being involved in the shipping and distribution of at least 3,114 grams of methamphetamine that was approximately 98 percent pure.
Moore and the others conspired to launder the drug proceeds by opening bank accounts at several financial institutions, making money transfers, and concealing cash and flying it on commercial flights.
The other defendants convicted in this case include:
Name
Age
City
Sentence Imposed
Mykell Reeneesha Uneek Hawes
33
Cerritos, California
Pending sentencing
Brandy Monique Casey
44
Inglewood, California
Pending sentencing
Marisa A. Wallace
29
Columbus, Ohio
72 months in prison
Angela N. Faber
41
Reynoldsburg, Ohio
48 months in prison
Heather M. Russell
36
Columbus, Ohio
48 months in prison
Janette M. Breckenridge
33
Columbus, Ohio
48 months in prison
Kenneth L. Parker, United States Attorney for the Southern District of Ohio, and Bryant Jackson, Special Agent in Charge, Internal Revenue Service - Criminal Investigation (IRS-CI) announced the guilty plea offered today before U.S. Magistrate Judge Norah McCann King. The U.S. Postal Inspection Service (USPIS), Drug Enforcement Administration (DEA) and Whitehall Police Department assisted in the investigation. Assistant United States Attorney Peter K. Glenn-Applegate is representing the United States in this case.
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Tuesday 16 May 2023
Walthill Man Sentenced for Transfer of Obscene Material a MinorRead the Press Release
United States Attorney Steven Russell announced that Chief United States District Court Judge Robert F. Rossiter, Jr. sentenced Michael Tyndall, Jr., 23, of Walthill, Nebraska, to 18 months’ incarceration for Transfer of Obscene Material to a Minor on May 15, 2023. There is no parole in the federal system. After his release, Tyndall will serve a two-year term of supervised release.
In October 2022, Tyndall used Snapchat to send an obscene photograph of his penis to a 13-year-old minor. Tyndall messaged the minor victim questions about sexual history and preferences. The minor victim reported Tyndall’s conduct to a trusted adult, who notified law enforcement.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Federal Bureau of Investigation.
Wallingford Man Sentenced to More Than 20 Years in Prison for Child Exploitation, Drug Trafficking OffensesRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that CHRISTOPHER LISCIO, 40, of Wallingford, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 251 months of imprisonment, followed by 10 years of supervised release, for child sexual exploitation and drug trafficking offenses.
According to court documents and statements made in court, between January 2016 and February 2020, Liscio used Snapchat to entice two minor girls to take sexually explicit photographs and videos of themselves and send them to him via the social media application. The communication with one of the minor victims started when she was approximately 13 years old and continued until she was approximately 16 years old, and the communication with the second minor victim occurred when she was 15 and 16 years old. Liscio also engaged in sexual acts with the second minor victim on multiple occasions when she was 15 and 16 years old.
In February 2020, Liscio was arrested on state charges related to the sexual assault of another minor. Between February and April 2020, while he was released on bond in his state case, Liscio sold 2,000 30mg oxycodone pills.
Liscio has been detained since his federal arrest on May 26, 2021. On that date, a search of his Wallingford residence revealed approximately 500 grams of cocaine, items used to process and package narcotics, and $22,440 in cash.
On January 3, 2023, Liscio pleaded guilty to one count of enticement of a minor to engage in illegal sexual activity, one count of conspiracy to distribute and to possess with intent to distribute oxycodone, and one count of possession with intent to distribute 500 grams or more of cocaine.
The state case against Liscio is pending.
This matter was investigated by Homeland Security Investigations (HSI) and the Drug Enforcement Administration’s New Haven Tactical Diversion Squad, with the assistance of the Wallingford Police Department, Middletown Police Department and Fremont (N.H.) Police Department. The Tactical Diversion Squad includes personnel from the DEA and the Manchester, Glastonbury, West Haven, Hamden, Newington, and Bristol Police Departments.
The case was prosecuted by Assistant U.S. Attorney Amanda S. Oakes.
U.S. Attorney Avery thanked the State’s Attorney’s Offices for the Judicial Districts of New Haven and Middlesex for their close cooperation in investigating and prosecuting this matter.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
United States Attorney’s Office Recognizes Police Week National Police Week honors the service and sacrifice of law enforcementRead the Press Release
DES MOINES, Iowa – In honor of National Police Week, United States Attorney Richard D. Westphal recognizes the service and sacrifice of federal, state, and local law enforcement. U.S. Attorney Westphal stated, “This week we take time to pause and express our gratitude and thanks to the unwavering commitment, courage and sacrifice of law enforcement officers in protecting and serving our communities in Iowa. Every hour of every day, federal, state and local law enforcement officers place the safety of our communities above their own, and their dedication to this duty is one of the main reasons Iowa is such a great place to live. In particular, we honor the lives of Coralville Police Sergeant John Karl Williams and Fremont County Deputy Austin Melvin Richardson, who made the ultimate sacrifice while protecting and serving Iowans. We stand together in remembering the brave men and women who have died in the line of duty, here in Iowa and across the nation.”
On May 5, 2023, Sergeant Williams and Deputy Richardson were honored at the 2023 Iowa Peace Officer Memorial Ceremony in Des Moines. Sergeant Williams was a 28-year veteran of the Coralville Police Department and experienced fatal health complications after responding to a report of a three-year-old child with gunshot wounds. He is survived by a wife, two sons, two daughters, and six grandchildren. Fremont County Deputy Richardson served as a police officer and deputy for 14 years. While responding to a call for service, Deputy Richardson’s patrol vehicle collided with a combine, resulting in his death. He is survived by a wife, and three daughters.
According to the National Law Enforcement Officers Memorial Fund, 226 federal, state, tribal and local law enforcement officers died in the line of duty in 2022.
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.
U.S. Attorney's Office Announces Allocation of New Positions to Advance Public Safety and Promote Community EngagementRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Dena J. King announced today that new positions for Assistant U.S. Attorneys and support personnel have been allocated to the U.S. Attorney’s Office for the Western District of North Carolina, to advance the Office’s work in promoting public safety, Department of Justice initiatives, and community engagement.
Districts were asked to submit requests for additional prosecutors and support personnel in areas they deemed needed additional resources. The funding for the new positions was provided by the FY2023 Consolidated Appropriations Act. The U.S. Attorney’s Office requested and received seven new positions to be allocated as follows:
- An Assistant U.S. Attorney dedicated to Civil-Civil Rights enforcement.
- An Assistant U.S. Attorney to support Indian Country cases.
- An Assistant U.S. Attorney and a support staff to focus on investigating and prosecuting Violent Crime/Domestic Terrorism cases.
- An Assistant U.S. Attorney and a Litigation Support Technologist dedicated to supporting the Justice Department’s work on E-litigation.
- An Investigative Specialist to support the investigation and prosecution of white collar crimes.
In making today’s announcement U.S. Attorney King said, “I am thankful my Office was allocated the additional resources. The much-needed prosecutor and support personnel positions will be used to address public safety challenges, implement solutions, and advance our engagement efforts in communities across the Western District and in Indian Country.”
Those interested in applying for one of the positions in the near future can do so through https://www.justice.gov/usao-wdnc/careers or through www.usajobs.gov.
U.S. Attorney Announces Conviction of Iranian Large-Scale Heroin TraffickerRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that a jury returned a guilty verdict today against MALEK BALOUCHZEHI, a/k/a “Malek Khan,” on charges of conspiring to import heroin into the United States and distributing heroin for importation into the United States. U.S. District Judge Jesse M. Furman presided over the one-week trial. BALOUCHZEHI is scheduled to be sentenced September 12, 2023.
U.S. Attorney Damian Williams said: “Malek Balouchzehi sought to expand his significant drug trafficking operations by importing massive quantities of heroin into the United States and sending it right here, to New York. Balouchzehi has trafficked drugs around the world for at least a decade. Today, Balouchzehi stands convicted of his crimes and faces the possibility of a lengthy prison sentence. We will continue to work diligently with the DEA to curb the importation of heroin, a lethal drug plaguing our communities.”
As reflected in the Indictment, public filings, and the evidence presented at trial:
BALOUCHZEHI is an Iran-based drug trafficker. In or about September 2019, BALOUCHZEHI and an Iranian drug trafficking partner began communicating with individuals whom BALOUCHZEHI believed were heroin traffickers interested in large quantities of heroin for importation into the United States, as well as methamphetamine for distribution in Australia. Those individuals were, in fact, a confidential source working at the Drug Enforcement Administration’s (“DEA”) direction and an undercover DEA agent posing as a New York-based heroin distributor. In December 2019, BALOUCHZEHI sent a courier in Mozambique to deliver a sample of approximately two kilograms of heroin, with the understanding that those drugs would be transported to the United States for testing and sale in New York City. Following this sample heroin shipment, BALOUCHZEHI planned to supply thousands of kilograms of heroin for importation to and distribution within the United States. In meetings in Nairobi, Kenya, in October 2021, BALOUCHZEHI agreed to distribute ton quantities of heroin for importation to New York and to provide the heroin via maritime routes, using a fishing company to conceal his narcotics activities, in order to make millions of dollars in profits. During these meetings in Nairobi, BALOUCHZEHI also described his prior international drug trafficking activities over the last decade, including his loads of thousands of kilograms of heroin, and showed photographs evidencing his large-scale trafficking operation.
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BALOUCHZEHI, 39, of Iran, was convicted of one count of conspiring to import heroin into the United States, and one count of distributing heroin for importation into the United States, each of which carry a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison.
The statutory minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by Judge Furman.
Mr. Williams praised the outstanding efforts of the DEA’s Special Operations Division, Bilateral Investigations Unit and New York Field Division; the DEA’s Nairobi, Maputo, Pretoria, Bucharest, and Jakarta Country Offices; the Kenyan National Police; the Mozambique National Criminal Investigation Services; and the Western Australia Police Force. Mr. Williams also thanked the U.S. Department of Justice’s Office of International Affairs for its assistance.
The case is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorneys Kaylan E. Lasky, Michael J. Lockard, Kimberly J. Ravener, and Elinor L. Tarlow are in charge of the prosecution.
Two admit to burglarizing British Consul General’s residenceRead the Press Release
HOUSTON – A Houston man and woman have pleaded guilty to damaging property occupied by a foreign government, announced U.S. Attorney Alamdar S. Hamdani.
Today, Darion Benjamin Woods, 28, admitted he broke into, damaged and stole several items from the private residence of the Consul General for Great Britain. Christin Danielle Brinkley, 25, entered her plea May 11.
At their respective plea hearings, both admitted to burglarizing the home on July 23, 2022. They stole multiple items including two vehicles, one of which was the property of the British Consulate. Nobody was in the residence at the time of the incident.
Security cameras captured Brinkley and Woods pulling up to the gated residence with a U-Haul, jumping over the gate and eventually driving through it and causing significant damage. Once inside, they stole multiple items, including the two cars, jewelry, electronics, documents and a safe.
Authorities later located the stolen vehicles at an address in Houston and observed Brinkley inside both vehicles at different times. They took Brinkley and Woods into custody and recovered the vehicles as well as some property from the residence, most of which was damaged.
Damages have been calculated at approximately $56,636.
Chief U.S. District Judge Randy Crane accepted the pleas and set sentencing for Sept. 9. At that time, both face up to five years in federal prison and a possible $250,000 maximum fine. They are also expected to have to pay restitution.
Both have been and will remain in custody pending that hearing.
The Department of State – Diplomatic Security Service and FBI conducted the investigation with the assistance of the Harris County Sheriff’s Office. Assistant U.S. Attorneys Richard W. Bennett and Luis Batarse are prosecuting the case.
Two Kentucky Men Charged with Scheming to Obtain Millions of Dollars from Victims in Illinois and Throughout the U.S.Read the Press Release
ROCKFORD — A federal grand jury in Rockford has charged two Kentucky men with fraudulently obtaining millions of dollars from investors and customers throughout the United States, including a business in Boone County, Ill.
The indictment charges MARK CARROLL, 47, of Lexington, Ky., and LUKE CURRY, 36, of Bowling Green, Ky., with six counts of wire fraud. Carroll and Curry were each arrested last week in Kentucky. Arraignments in federal court in Rockford have been scheduled for Wednesday at 10:00 a.m. before U.S. Magistrate Judge Lisa A. Jensen.
According to the indictment, Carroll and Curry in 2018 and 2019 created multiple limited-liability companies, including Catapult Marketing, LLC and Catapult Funding LLC, and thereafter fraudulently obtained millions of dollars from victims under false and fraudulent pretenses, representations, and promises. The pair allegedly falsely offered a line of credit to victims in exchange for the victims’ initial deposits of about 20% of the loan facility, without actually funding the line of credit. The indictment also alleges that Carroll and Curry fraudulently entered into private loan agreements with victims in which the defendants falsely promised to repay the principal and interest at maturity in exchange for the victims' loan funds, including guaranteeing rates of return. According to the charges, Carroll and Curry did not pay the guaranteed rates of returns and did not pay the victims in accordance with the terms of their agreements.
The arrests and indictment were announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, and Robert W. “Wes” Wheeler, Jr., Special Agent-in-Charge of the Chicago Office of the FBI. Valuable assistance was provided by the U.S. Postal Inspection Service. The government is represented by Assistant U.S. Attorneys Michael Beckman and Lisa Munch.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Each count of wire fraud carries a maximum sentence of 20 years in federal prison. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
The FBI is seeking the public’s help in identifying potential victims of the alleged fraud schemes associated with the defendants in this case. The FBI is legally mandated to identify crimes it investigates. Identified victims may be eligible for certain services and rights under federal and/or state law. Responses are voluntary but would be useful in the federal investigation and to identify you as a potential victim. If you believe you are a potential victim who has not yet been contacted, please email [email protected] or call 1-800-CALL-FBI. Based on the response provided, you may be contacted by the FBI and asked to provide additional information.