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Monday 15 May 2023
Federal Court Grants Provisional Approval of $2 Million in Sexual Harassment Lawsuit Against Alabama SheriffRead the Press Release
The Justice Department announced today that the U.S. District Court for the Southern District of Alabama has provisionally approved its $2 million settlement agreement with the Sheriff of Mobile County, Alabama. The agreement, announced by the department on April 24, resolves the department’s lawsuit alleging that female corrections officers at the Mobile County Metro Jail were regularly subjected to severe and pervasive sexual harassment in the workplace by male inmates and that the sheriff’s office failed to take prompt and effective action to remedy this harassing conduct as required by Title VII of the Civil Rights Act of 1964.
The court’s provisional approval means that the parties can begin to implement the agreement, including by providing notice to the current and former employees who have a right to request a monetary award under the agreement. Those individuals will then have an opportunity to submit comments on the settlement, which the court will consider at a fairness hearing on Aug. 25, 2023, before giving final approval to the agreement.
“The Justice Department brought this litigation to bring an end to the hostile work environment faced by women employed at the Mobile County Metro Jail,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The court’s action will help ensure that impacted female employees receive the relief that they rightly deserve.”
Under the terms of the agreement, the sheriff will pay compensatory damages to plaintiffs named in the lawsuit. The sheriff will also establish a $1.41 million settlement fund to compensate other women harmed by the discrimination alleged by the department.
- All women who have worked as corrections officers or corporals at the Mobile County Metro Jail at any time between Jan. 1, 2011, and April 21, 2023 are potentially eligible to recover monetary relief under the fund.
- Over the next several weeks, a claims administrator retained by the department will contact women who may be eligible to notify them of the fund and provide specific instructions about next steps, including when they can apply to the fund.
- People with questions about the agreement and claims process can contact the Justice Department at [email protected] or 1-800-556-1950 (option 6).
In addition to the monetary relief, the agreement also requires the sheriff to implement specific changes at the jail to reduce the instances of sexual harassment of female jail employees. These changes are based on recommendations from a corrections expert who has run jails and consulted with dozens of jails throughout the country for over three decades. None of the settlement funds will be used to implement these changes.
This lawsuit is part of the Civil Rights Division’s Sexual Harassment in the Workplace Initiative. The initiative is aimed at eradicating sexual harassment in state and local government workplaces. It focuses on litigation, outreach, and development of effective remedial measures to address and prevent future sex discrimination and harassment.
The full and fair enforcement of Title VII is a top priority of the Civil Rights Division’s Employment Litigation Section. Additional information about the Civil Rights Division and the Employment Litigation Section is available on its websites www.justice.gov/crt and www.justice.gov/crt/employment-litigation-section.
Everett Eugene Miller, Jr. Sentenced to Life Plus 120 Months for Sex Crimes Against A Child and EscapeRead the Press Release
KNOXVILLE, Tenn. – On May 11, 2023, Everett Eugene Miller, Jr., age 56, currently of Sunbright, Tennessee, was sentenced by the Honorable Judge Katherine A. Crytzer, in the United States District Court for the Eastern District of Tennessee at Knoxville.
At trial, Miller was convicted on all counts in the indictment. The indictment charged Miller with Enticement of a Minor to Engage in Sexual Activity, Transportation of a Minor to Engage in Sexual Activity, Felony Offense Involving a Minor by an Individual Required to Register as a Sex Offender, and Escape. Miller was sentenced to life plus 120 months in prison, followed by a lifetime on supervised release. Miller will be required to register with state sex offender registries and comply with special sex offender conditions during his supervised release.
The government’s evidence at trial proved that from July 2019 through January 2020, Miller’s minor niece was living with Miller and his wife. Miller was on the sex offender registry for sexual assaults against other children. Miller bought his niece a secret cell phone, and the two exchanged over 2900 messages. Miller told his minor niece he loved her and only wanted to be with her. Miller further told his niece he would divorce her aunt for her, and they would be married. From December 29, 2019, through January 2, 2020, Miller took his niece on a long-haul trucking run to New Mexico and during the trip raped her multiple times. On August 14, 2020, while incarcerated and awaiting trial, Miller was taken to a local hospital for a procedure where he attempted to escape.
U.S. Attorney Francis M. Hamilton III of the Eastern District of Tennessee made the announcement.
The criminal indictment was the result of an investigation by the Federal Bureau of Investigation.
Assistant United States Attorney Jennifer Kolman represented the United States.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006, by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit www.justice.gov/psc.
For more information about internet safety education, please visit www.justice.gov/psc/resources.html and click on the tab "resources.
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El Departamento de Justicia llega a un acuerdo con la Oficina del Sheriff del Condado de Liberty que resuelve una queja relacionada con discriminación racial presentada por la Universidad Estatal de DelawareRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con la Oficina del Sheriff del Condado de Liberty (LCSO, por sus siglas en inglés) que resuelve una queja de derechos civiles relacionada con la discriminación racial, en virtud del Título VI de la ley de Derechos Civiles de 1964. Como respuesta a la demanda, la LCSO colaboró con el Departamento de Justicia para llegar a un acuerdo que modernizará sus operaciones policiales y fomentará sus esfuerzos continuos por prevenir y abordar prácticas discriminatorias de aplicación de la ley.
En mayo del 2022, el Departamento de Justicia recibió una queja de la Universidad Estatal de Delaware (DSU, por sus siglas en inglés), una universidad tradicionalmente negra, que alegó que la LCSO discriminó a sus atletas estudiantes, entrenador y conductor cuando realizó una parada de tránsito racista en Georgia de un autobús fletado por la DSU. Después de la parada de tránsito, la Universidad alegó que la posterior interrogación y el registro de las pertenencias personales de los pasajeros, que eran principalmente negros –lo que incluyó el uso de un perro detector de drogas– constituyó discriminación racista ilícita, en contra del Título VI de la ley de Derechos Civiles (Título VI). El Título VI prohíbe la discriminación por motivos de raza, color de piel y nacionalidad de origen por parte de beneficiarios de fondos federales. La LCSO es un beneficiario de fondos federales provenientes del Departamento de Justicia.
«La justicia y la equidad racial son principios fundamentales en la aplicación eficaz de la ley, sobre todo para aquellas agencias que son beneficiarios de fondos federales». comentó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Los estudiantes y personal de la Universidad Estatal de Delaware merecen una vigilancia policial que sea equitativa a nivel racial y libre de sesgos. El acuerdo que hemos alcanzado con la Oficina del Sheriff del Condado de Liberty ayudará a garantizar que, en el futuro, sus prácticas de vigilancia policial sean libres de discriminación y sesgos raciales. Seguiremos trabajando para asegurar que las agencias de aplicación de la ley que se beneficien de fondos federales cumplan con nuestras leyes federales de derechos civiles».
«La aplicación de la ley es lo más eficaz cuando viene acompañada de la confianza pública», afirmó Jill E. Steinberg, la Fiscal Federal para el Distrito Sur de Georgia. «El acuerdo que se ha anunciado hoy representa un paso hacia garantizar una vigilancia policial equitativa».
Conforme el acuerdo, la LCSO revisará sus políticas de vigilancia policial libre de sesgos, actualizará sus políticas para los registros de tránsito y la aplicación de las leyes de tránsito, según sea necesario, y desarrollará e implementará procedimientos de recopilación de datos, entre otras disposiciones.
La ejecución del Título VI representa una de las prioridades principales de la División de Derechos Civiles. Para más información sobre la División de Derechos Civiles, visite su sitio web en www.justice.gov/crt-espanol. Miembros del público también pueden informar de posibles vulneraciones de derechos civiles en https://civilrights.justice.gov/report/.
Agreement.pdfCourt Enters $487 Million Judgment Against Precision Lens and Owner Paul Ehlen for Paying Kickbacks to Doctors in Violation of the False Claims ActRead the Press Release
ST. PAUL, Minn. – U.S. District Judge Wilhelmina M. Wright has entered a judgment against Defendants Cameron-Ehlen Group, Inc. dba Precision Lens and its owner Paul Ehlen in the amount of $487,048,705.13.
On February 27, 2023, a federal civil jury concluded that the Defendants violated the False Claims Act and the Anti-Kickback Statute by paying kickbacks to ophthalmic surgeons to induce their use of the Defendants’ products in cataract surgeries reimbursed by Medicare. The jury found that 64,575 false claims were submitted to Medicare due to the Defendants’ conduct, which resulted in $43,694,641.71 in damages to Medicare.
Under the False Claims Act (FCA), a person or entity found to have violated the FCA is liable to the United States Government for a minimum civil penalty of $5,000 per false claim and three times the amount of damages sustained by the Government. In this matter, the amount included $358,445,780 in statutory penalties and an additional $131,083,925.13 in trebled damages, resulting in a total amount of $489,529,705.13, less $2,481,000 in proceeds from a previous settlement with Sightpath Medical.
As proven at trial, the Defendants provided kickbacks to physicians in various forms, including travel and entertainment. The United States identified multiple examples of trips, including high-end skiing, fishing, golfing, hunting, sporting, and entertainment vacations, often at exclusive destinations. For many of the trips, the Defendants transported physicians to luxury vacation destinations on private jets. These included trips to New York City to see a Broadway musical, the College Football National Championship Game in Miami, Florida, and the Masters golf tournament in Augusta, Georgia. The Defendants also sold frequent flyer miles to their physician customers at a significant discount, enabling the physicians to take personal and business trips at well below fair market value.
“This judgment affirms Congress’ intent to hold individuals and companies accountable when they use illegal kickbacks to defraud federal healthcare programs,” said Bahram Samie, Deputy Civil Chief for the United States Attorney’s Office for the District of Minnesota. “Medicare beneficiaries are entitled to know with certainty that their physician’s decision-making has not been compromised by a private flight, expensive ski-trip, or any other unlawful inducement. This office is committed to investigating misconduct and recovering funds unlawfully obtained from federal healthcare programs.”
The United States also proved that Precision Lens maintained a fund, referred to internally at Precision Lens as a secret fund or slush fund, in furtherance of its kickback scheme. Precision Lens used money from the secret fund to finance multiple physician trips.
The United States previously announced a $12 million settlement of related allegations with Sightpath Medical, Inc. and TLC Vision Corporation (collectively Sightpath) and their former CEO, James Tiffany. Dr. Jitendra Swarup also resolved claims that he had accepted kickbacks in a settlement agreement of more than $2.9 million.
This civil lawsuit was originally brought by a Relator, or whistleblower, under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government for false claims and to share in any recovery. The government often relies on whistleblowers to bring fraud schemes to light that might otherwise go undetected. The whistleblower in this matter, Kipp Fesenmaier, will receive a percentage of the amounts awarded at trial.
The case was handled by the Civil Division of the U.S. Attorney’s Office for the District of Minnesota, including AUSAs Chad Blumenfield, Bahram Samie, and Andy Tweeten and paralegals Darcie Boschee and Laura Kolars. The case was investigated with assistance from the Office of Inspector General of the U.S. Department of Health and Human Services and the Federal Bureau of Investigation.
Chicago Man Convicted of Drug and Firearm OffensesRead the Press Release
URBANA, Ill. – A federal jury returned a guilty verdict on May 5, 2023, against Tyrone L. Fulwiley, 40, of the 12900 block of South Sangamon Street in Chicago, for possession of 500 grams or more of cocaine with intent to distribute, possession of a firearm by a felon, and possession of a firearm in furtherance of a drug-trafficking offense. Sentencing for Fulwiley has been scheduled on September 11, 2023, at the U.S. Courthouse in Urbana, Illinois.
Over four days of testimony, the government presented evidence establishing that Fulwiley and his co-defendant, Deandre Maxwell, possessed over 630 grams of cocaine inside a shared apartment on Plymouth Drive in Champaign, Illinois, which was packaged and intended for distribution. Also inside the shared apartment, Fulwiley and Maxwell possessed two untraceable “ghost guns,” despite both men being convicted felons. Those firearms had a DNA profile matching Fulwiley’s DNA, and he possessed them in furtherance of his drug trafficking activities.
Fulwiley remains in the custody of the United States Marshal Service. At sentencing, Fulwiley faces statutory penalties of up to life imprisonment, fines not to exceed $8,000,000 and not less than an eight-year term of supervised release.
Maxwell previously pleaded guilty in March 2023 to possession of 500 grams or more of cocaine with intent to distribute, possession of a firearm by a felon, and possession of a firearm in furtherance of a drug-trafficking offense. He is scheduled for sentencing on July 24, 2023, at the U.S. Courthouse in Urbana, Illinois.
The case investigation was conducted by the Drug Enforcement Administration and the Champaign County Street Crimes Task Force, with assistance from the Illinois State Police Forensic Laboratory. Assistant U.S. Attorneys Rachel Ritzer and Bryan Freres represented the government at trial.
Cape Girardeau Man Sentenced to 51 Months in Prison for Possessing Machine GunRead the Press Release
CAPE GIRARDEAU – U.S. District Judge Matthew T. Schelp on Monday sentenced a man from Cape Girardeau, Missouri who was caught with a fully automatic Glock pistol to 51 months in prison.
Kaydence K. Robertson, 21, was driving a speeding vehicle that was pulled over by the Cape Girardeau Sheriff’s Office on Oct. 23, 2022. A deputy found a backpack on the floor of the front driver’s side of the vehicle containing marijuana, suspected crack cocaine and a .45-caliber Glock pistol modified with an illegal 3D-printed “switch” to make it fully automatic. Under the driver’s seat, the deputy found pills containing oxycodone and a loaded 9mm Glock pistol.
Glock switches, sometimes referred to as “auto sears,” are considered machine guns under federal law, even if not installed in a firearm.
Robertson pleaded guilty in February to one count of possession of a machine gun.
The case was investigated by the Cape Girardeau Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Christopher Shelton is prosecuting the case.
Canadian Man Sentenced to 32 Years in Federal Prison for Production of Child Pornography and Extortion Related to His “Sextortion” of Five Minor VictimsRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis today sentenced Muhammad Luqman Rana, age 33, of City of Vaughan, Ontario, to 32 years in federal prison, followed by lifetime supervised release, for producing image and videos depicting the sexual abuse of children and for extortion related to an online “sextortion” scheme.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Myron Demkiw of the Toronto Police Services (Canada).
According to his guilty plea and other court documents, from June 2014 to June 2016, Rana used a free online chat website to target adult and minor victims living in the United States and Canada to produce sexually explicit images. Rana tricked five minor U.S. victims, who ranged from ages 12 to 17, into producing sexually explicit images because they believed they were chatting with a young male. Rana surreptitiously captured two of the minor victims changing in their bedrooms after they had accidentally left their webcam on after chatting with him. Once Rana had embarrassing and sensitive videos of his victims, he forced them to produce and send additional sexually explicit images and videos via both live transmission and to his email account out of fear that he would publicly post the videos he had previously obtained if they did not comply with his demands. Rana’s victims were terrorized by him almost daily for months, and some for over a year.
The Canadian York Regional Police executed a search warrant on Rana’s residence and seized digital evidence which was made available to U.S. law enforcement and Canada agreed to extradite Rana to the United States. In January 2021, Rana was arrested in Canada on a provisional arrest warrant
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Erek L. Barron and Assistant Attorney General Kenneth A. Polite, Jr. commended the FBI and the Toronto Police Services for their work in the investigation and recognized the Justice Department’s Office of International Affairs conducted the requests for mutual legal assistance and extradition. Mr. Barron and Mr. Polite thanked Assistant U.S. Attorney G. Michael Morgan, Jr. and Senior Trial Attorney Jennifer Leonardo of the Justice Department’s Criminal Child Exploitation and Obscenity Unit, who prosecuted the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Bedford Man Sentenced to 14 Months in Federal Prison After Stealing 16 Firearms from Local Gun ShopRead the Press Release
NEW ALBANY- Calvin Levi Johnson, 20, of Bedford, Indiana, was sentenced to 14 months in federal prison after pleading guilty to theft from a federally licensed firearms dealer.
According to court documents, on January 11, 2022, at approximately 2:11 in the morning, officers with the Bedford Police Department (BPD) responded to a burglary alarm at a local Knife and Gun shop.
Investigation of surrounding security cameras showed Calvin Levi Johnson using a hammer to break a display case, remove 16 handguns from the case, and place them inside a backpack. BPD obtained a search warrant for Johnson’s residence where they found four firearms inside a black “Champion” book bag on the floor by his bed. All of the stolen firearms have been located and confiscated by law enforcement.
“Thefts from gun retailers help to arm criminals and drive the violence in our communities,” said U.S. Attorney for the Southern District of Indiana, Zachary A. Myers. “Identification and prosecution of gun traffickers helps to stem violent crime at its source and is a top priority for federal law enforcement. I commend the ATF, Indiana State Police, and the Bedford Police Department for their efforts to hold this criminal accountable and track down all of the stolen guns to ensure they aren’t in the hands of dangerous, prohibited individuals.”
“Stolen firearms are a significant source of crime guns for violent criminals,” stated Daryl S. McCormick, Special Agent in Charge of ATF’s Columbus Field Division. “As the federal agency with both a responsibility to investigate violent firearms crimes and regulatory oversight of the firearms industry, we are committed to finding those responsible for burglaries like this one. We will join with our partners to bring them to justice and disrupt the flow of firearms from lawful commerce to the criminal element.”
ATF investigated this case, with valuable assistance provided by the Indiana State Police and the Bedford Police Department. The sentence was imposed by U.S. District Court Chief Judge, Tanya Walton Pratt. Judge Pratt also ordered that Johnson be supervised by the U.S. Probation Office for 2 years following his release from federal prison.
U.S. Attorney Myers thanked Assistant United States Attorney Jayson W. McGrath, who prosecuted this case.
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Amory Man Sentenced to Prison for Drug Distribution SchemeRead the Press Release
Oxford, MS – An Amory man was sentenced today to 18 years in prison for possession with intent to distribute methamphetamine.
According to court documents, Michael Wright, 40, of Amory, Mississippi pled guilty to possession with intent to distribute more than 50 grams of methamphetamine in February. Court records show that Wright received more than two pounds of methamphetamine in the mail that he intended to distribute.
Senior U.S. District Court Judge Glen H. Davidson sentenced Wright to 216 months of incarceration to be followed by a 5-year term of supervised release.
“When criminals seek to inject poison into our communities, the United States Attorney’s Office will do everything we can to hold them accountable for it,” said U.S. Attorney Clay Joyner. “We hope that this sentence will serve as a deterrent to others who would consider engaging in the illegal drug trade.”
“Illegal drugs have no business being a part of the mail stream,” said Scott Fix, Inspector in Charge of the Houston Division of the U.S. Postal Inspection Service. “Postal Inspectors work tirelessly to rid the mail of illicit and dangerous drugs and provide a safe environment for postal employees and Postal Service customers. Today’s sentencing of Michael Wright demonstrates that Postal Inspectors will never tolerate this abuse of the US Mail. We thank the Monroe County Sheriff’s Office for their assistance in bringing this criminal to justice.”
The U.S. Postal Inspection Service investigated the case.
Assistant U.S. Attorney Paul D. Roberts prosecuted the case.
American living in Brazil admits to business email compromise schemeRead the Press Release
HOUSTON – A 58-year-old U.S. citizen has pleaded guilty to wire fraud, announced U.S. Attorney Alamdar S. Hamdani.
Michael Knighten aka Michael Sabatine had been living in Brazil but was extradited in June 2022.
Knighten admitted he participated in a business email compromise (BEC) scheme which defrauded a number of companies including several in Houston. Using his alias, he sent fraudulent emails requesting changes to payment information on invoices due to vendors. This included where payments should be made, one of which was to a bank in Las Vegas. However, the accounts were not the vendor’s actual bank account.
He had fraudulently used the name and passport of a relative to contact the owner of this bank account in Las Vegas by email. Knighten had him set up a company and accept deposits and make disbursements until he could come to Las Vegas and set up his own account.
Knighten also used his alias in emails to Bennu Oil and Gas Company in Houston beginning in March 2014. He fraudulently represented himself to be the financial director of Ceona Offshore and requested payments due to Ceona from Bennu. In May 2014, he sent additional emails to Bennu and caused the company to send a wire transfer in the amount of $651,125, to a bank account in Portugal.
After making this payment, Bennu uncovered the fraud and was able to freeze some of the funds, but still suffered a loss of $224,000.
As part of his plea, Knighten admitted the companies he defrauded suffered total losses of over $3 million.
“Knighton defrauded several companies, large and small, out of millions of dollars using business email compromise schemes,” said Hamdani. “BEC scams have become a serious problem, targeting not just companies but individuals, often from the comfort of an overseas hideaway. Despite that, we will not rest until we bring scammers, like Knighton, to justice, no matter where they reside. Note that criminals will continue to use phishing emails to try to obtain important information which can lead to serious financial losses. So, stay alert!”
U.S. District Judge Lee H. Rosenthal will impose sentencing Aug. 31. At that time, Knighten faces up to 20 years in prison and a possible $250,000 maximum fine.
Knighten has been and will remain in custody pending that hearing.
The FBI conducted the investigation. Assistant U.S. Attorney John Braddock is prosecuting the case.
Akron Man Sentenced on Drug Trafficking and Firearm ChargesRead the Press Release
CLEVELAND – Alex R. Andrus, 31, of Akron, Ohio, was sentenced on Tuesday, May 9, 2023, to 115 months in prison by U.S. District Judge Dan Aaron Polster after he pleaded guilty to possession with intent to distribute fentanyl and methamphetamine and being a felon in possession of a firearm and ammunition.
According to court documents, during the execution of a search warrant at Andrus’ Akron home on March 8, 2022, Andrus possessed fentanyl and more than 200 pills containing methamphetamine, which he intended to sell to drug customers, as well as a loaded pistol. Andrus is prohibited under federal law from possessing a firearm due to previous felony convictions.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Akron Police Department.
This case was prosecuted by Assistant United States Attorney Peter E. Daly.
Adair County Resident Pleads Guilty to Aggravated Sexual Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Bryan Udale Jones, 63, of Stilwell, Oklahoma, entered a guilty plea to Aggravated Sexual Abuse in Indian Country, which is punishable by not less than thirty years imprisonment.
Government prosecutors alleged that beginning in 2003 and continuing until 2010, the defendant engaged in sexual acts with a child who had not yet attained the age of 12. As a part of the plea allocution, the defendant also admitted to sexually assaulting three other children, all less than 12 years old at the time of the abuse.
The charges arose from an investigation by the Adair County Sheriff’s Office and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Adair County, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the pleas and ordered the completion of a presentence investigation report. Sentencing will be scheduled following completion of the report. Jones was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Nicole Paladino and Anthony C. Marek represented the United States.
Ada Resident Sentenced for Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nathan Paul Nolen, age 47, of Ada, Oklahoma, was sentenced for driving while under the influence of methamphetamine and causing a fatal car crash. Nolen was sentenced to 68 months in prison for Manslaughter in Indian Country.
The charges arose from investigations by the Oklahoma Highway Patrol and the Federal Bureau of Investigations.
On May 10, 2022, Nolen pleaded guilty to Manslaughter in Indian Country. According to investigators, the defendant was driving under the influence of methamphetamine when he crossed the center line of State Highway 3 in Pontotoc County, Oklahoma. The defendant struck an oncoming vehicle, killing two passengers and seriously injuring a third.
“No sentence will fully heal the pain from this tragic loss of two innocent lives,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “But it is important for our community to see such careless actions come with very serious consequences. The FBI and our law enforcement partners will continue to hold accountable those who engage in criminally reckless violence.”
“The defendant’s decision to ingest methamphetamine and drive a motor vehicle resulted in a disastrous collision and loss of life,” said United States Attorney Christopher J. Wilson. “My heart goes out to the families of the victims, and I can only hope the sentence imposed will deter the defendant and others from driving under the influence and endangering the lives of others.”
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted these cases because the victim is a member of a federally recognized Indian tribe and the crimes occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee. Nolen will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Zachary W. Parsons represented the United States.
Saturday 13 May 2023
U.S. Attorney's Office Observers National Police WeekRead the Press Release
CHARLOTTE, N.C. – In observance of National Police Week, the U.S. Attorney’s Office for the Western District of North Carolina recognizes the service and sacrifice of federal, state, local, and Tribal law enforcement and pays tribute to the officers who have fallen in the line of duty.
In 1962, President John F. 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 falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
“During National Police Week, we honor and remember the law enforcement officers who sacrificed their lives in the line of duty,” said U.S. Attorney Dena J. King. “We remember their bravery, their service, and their willingness to put themselves at harm’s way to protect the lives of others. We also pledge our support to our federal, state, local and Tribal law enforcement officers for their dedication and for serving our communities with honor, dignity, and excellence.”
This year, the names of 556 law enforcement officers killed in the line of duty were added to the National Law Enforcement Officers Memorial (NLEOMF) in Washington D.C., to include Master Trooper John Sumter Horton with the North Carolina Highway Patrol of Western North Carolina, who died on January 3, 2022. An additional 332 officers added to the Memorial died earlier in history but their names and stories of sacrifice had not been previously documented. There are currently 23,785 names engraved on the Memorial, representing law enforcement officers from all 50 states, the District of Columbia, territories, federal law enforcement, and military police agencies.
The names of the fallen officers added to the Memorial this year will be read on Saturday, May 13, 2023, at the 35th Annual Candlelight Vigil in Washington, D.C., starting at 8:00 p.m. EST. The Candlelight Vigil will be livestreamed on the NLEOMF YouTube channel at https://www.youtube.com/TheNLEOMF. The schedule of National Police Week events is available on NLEOMF’s website.
Massachusetts Man Indicted for Acting as an Illegal Agent of the People's Republic of ChinaRead the Press Release
BOSTON – A Massachusetts man was arrested on May 9 for allegedly acting as an agent of the People’s Republic of China (PRC) without providing notification to the U.S. Attorney General.
Litang Liang, 63, of Brighton, was indicted on one count of acting as an agent of a foreign government without providing notification to the U.S. Attorney General and one count of conspiracy to act as an agent of a foreign government without providing notification to the U.S. Attorney General.
According to the charging documents, from in or around 2018 through at least 2022, Liang acted within the United States as an agent of the PRC government by allegedly providing PRC government officials with information on Boston-area individuals and organizations; organizing a counter-protest against pro-democracy dissidents; providing photographs of and information about dissidents to PRC government officials; and providing the names of potential recruits to the PRC’s Ministry of Public Security. At no point did Liang notify the U.S. Attorney General that he was acting as a PRC government agent.
Specifically, beginning in or around 2018, Liang allegedly provided information about Chinese individuals and organizations in the Boston area to PRC government officials – including PRC officials formerly in the United States, the Ministry of Public Security, and the United Front Work Department, an entity which reports directly to the Central Committee of the Chinese Communist Party (CCP) and works to further the CCP’s goals.
It is alleged that Liang provided PRC government officials with information regarding members and leaders of Boston-area, Chinese family associations and community organizations with pro-Taiwan leanings. Additionally, it is alleged that Liang sent information regarding anti-PRC dissidents to PRC officials including: identification of an individual he accused of having “sabotaged” PRC flags in Boston’s Chinatown in October 2018; video of a dissident attending the “Boston Stands with Hong Kong” march in August 2019; and photographs of anti-PRC dissidents in front of the Boston Public Library in September 2019.
The charge of acting as an agent of a foreign government without providing notification to the U.S. Attorney General provides for a sentence of up to 10 years in prison, three years supervised release, and a fine of up to $250,000. The charge of conspiracy to act as an agent of a foreign government without providing notification to the U.S. Attorney General provides for a sentence of up to five years in prison, three years supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division; Assistant Director Suzanne Turner of the FBI Counterintelligence Division; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Timothy H. Kistner for the District of Massachusetts is prosecuting the case. Valuable assistance was provided by Trial Attorney Elizabeth Abraham of the Justice Department’s Counterintelligence and Export Control Section.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Friday 12 May 2023
Wilmington Man Federally Indicted for Possessing over a Kilogram of CocaineRead the Press Release
WILMINGTON, Del. – A federal grand jury returned an indictment yesterday charging a Wilmington man with possession of over a kilogram of cocaine with intent to distribute it.
According to the indictment and statements made in open court, Aaron Cephas, a/k/a “Ace,” age 41, was the subject of a Drug Enforcement Administration investigation. On April 10, 2023, surveillance officers saw Cephas moving bags into and out of a house in Newark, Delaware, and thereafter getting into a Jeep and driving to the 800 block of West 5th Street in Wilmington. Law enforcement officers stopped the Jeep there, finding Alprazolam pills and $1,000 on Cephas’ person and over 80 grams of cocaine in the Jeep. Agents subsequently searched the house in Newark where Cephas had been seen and found approximately 1 kilogram of cocaine, $27,000, and a loaded handgun magazine.
Cephas is charged with two counts of possession with intent to distribute cocaine. If convicted, he faces a maximum penalty of 20 years in prison for each count. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
David C. Weiss, U.S. Attorney for the District of Delaware, and Thomas Hodnett, Special Agent in Charge for the Philadelphia Division of the Drug Enforcement Administration, made the announcement. The Wilmington Department of Police assisted with the investigation and Assistant U.S. Attorney Jennifer K. Welsh is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 23-43.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Wilmington Man Federally Indicted for Possessing over a Kilogram of CocaineRead the Press Release
WILMINGTON, Del. – A federal grand jury returned an indictment yesterday charging a Wilmington man with possession of over a kilogram of cocaine with intent to distribute it.
According to the indictment and statements made in open court, Aaron Cephas, a/k/a “Ace,” age 41, was the subject of a Drug Enforcement Administration investigation. On April 10, 2023, surveillance officers saw Cephas moving bags into and out of a house in Newark, Delaware, and thereafter getting into a Jeep and driving to the 800 block of West 5th Street in Wilmington. Law enforcement officers stopped the Jeep there, finding Alprazolam pills and $1,000 on Cephas’ person and over 80 grams of cocaine in the Jeep. Agents subsequently searched the house in Newark where Cephas had been seen and found approximately 1 kilogram of cocaine, $27,000, and a loaded handgun magazine.
Cephas is charged with two counts of possession with intent to distribute cocaine. If convicted, he faces a maximum penalty of 20 years in prison for each count. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
David C. Weiss, U.S. Attorney for the District of Delaware, and Thomas Hodnett, Special Agent in Charge for the Philadelphia Division of the Drug Enforcement Administration, made the announcement. The Wilmington Department of Police assisted with the investigation and Assistant U.S. Attorney Jennifer K. Welsh is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 23-43.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Watertown Man Sentenced to 144 Months for Attempted Enticement of a Minor and Distribution of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Conner Spells, age 24, of Watertown, New York was sentenced yesterday to serve 144 months in prison and 10 years of supervised release for the attempted enticement of a minor he believed was 10 years old and for distribution of child pornography. United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.
When Spells pled guilty he admitted that, in October 2021, he exchanged multiple sexually explicit messages online with an undercover officer to arrange a sexual encounter with a 10-year-old child the undercover officer purported to have access to and could provide for sex. Spells also admitted that, during his text message communications with the undercover officer, he distributed child pornography to the officer and traveled from the Watertown, New York area to the Binghamton, New York area as arranged for the sexual encounter.
Spells’s case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force. This task force is comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI) and was prosecuted by Assistant U.S. Attorney Michael D. Gadarian as a part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Waldorf Man Sentenced to over Three Years in Federal Prison for Possession of Child PornographyRead the Press Release
Greenbelt, Maryland - U.S. District Judge Paul Xinis today sentenced Jeffrey Darnell Alderson, age 34, of Waldorf, Maryland, to 42 months in federal prison, followed by five years of supervised release, for possession of child pornography. Judge Xinis also ordered that, upon his release from prison, Alderson must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (“SORNA”).
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
According to Alderson’s guilty plea, a man was arrested in Philadelphia in January 2020, on charges relating to the advertisement and sale of child sexual abuse material. Alderson was identified as one of that individual’s customers through social media and financial records. At that time, Alderson was a Mission Support Specialist with the Department of Homeland Security in Washington, D.C. Specifically, Alderson engaged in several conversations via messaging applications between September 2019 and January 2020 and ultimately purchased links to child sexual abuse material that documented the sexual abuse of minor boys, including prepubescent minors. On October 2, 2020, law enforcement executed federal search warrant for the contents of multiple online accounts controlled by Alderson. A review of the information revealed communications with other users whose usernames indicated an interest in child sexual abuse material and searches and visits to websites related to child sexual abuse material.
On March 4, 2021, a search warrant for the contents of Alderson’s online storage account was executed and additional images of minors engaged in sexually explicit conduct were discovered. On May 13, 2021, FBI agents executed a search warrant at Alderson’s residence and seized his cell phone. A subsequent review of the contents of the phone included chats on various platforms about sexually explicit images and videos of children and/or obtaining additional child sexual abuse material. Links to additional images and videos documenting the sexual abuse of children were also found.
The child pornography that Alderson possessed included prepubescent minors and material portraying the sexual abuse of exploitation of an infant or toddler. In total, Alderson possessed over 100 videos and hundreds of images containing child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.
United States Attorney Erek L. Barron commended the FBI for its work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Timothy F. Hagan, Jr. and Joel Crespo, who prosecuted the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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United States Files Complaint Against Telecommunications Service Provider for Assisting and Facilitating Illegal RobocallsRead the Press Release
The Department of Justice, together with the Federal Trade Commission (FTC), today announced a civil enforcement action against XCast Labs, Inc. for allegedly violating the Telemarketing Sales Rule (TSR) by assisting and facilitating illegal telemarketing campaigns.
According to a complaint filed in the U.S. District Court for the Central District of California, XCast Labs, Inc., provided voice over internet protocol (VoIP) services that transmitted billions of illegal robocalls to American consumers, including scam calls that fraudulently claimed to be from government agencies. These robocalls delivered prerecorded marketing messages, and many of them were delivered to numbers listed on the National Do Not Call Registry, failed to truthfully identify the seller of the services being marketed, falsely claimed affiliations with government entities, contained other false or misleading statements to induce purchases, or were transmitted with “spoofed” caller ID information. The complaint alleges that XCast Labs continued to allow its services to transmit these calls even after being alerted to their illegality.
The complaint seeks monetary civil penalties and a permanent injunction to prohibit the defendant from future violations.
“The Department of Justice is committed to stopping telecommunications providers from enabling unscrupulous telemarketers to bombard American consumers with illegal robocalls,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to work with the FTC to enforce the Telemarketing Sales Rule.”
“XCast Labs played a key role in helping telemarketers flood homes with unlawful robocalls, including robocalls impersonating the Social Security Administration,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “VoIP providers like XCast Labs that bury their heads in the sand when their customers use their services to break the law can expect to hear from the FTC.”
A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.
The case is being handled by attorneys in the Civil Division’s Consumer Protection Branch, including Trial Attorney Zachary A. Dietert, in conjunction with staff at the FTC’s Division of Marketing Practices.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at https://www.FTC.gov.
United States Attorney Brandon B. Brown and Staff Mourn the Passing of Senior U.S. District Court Judge Michael J. JuneauRead the Press Release
SHREVEPORT, La. - United States Attorney Brandon B. Brown and the staff of the United States Attorney’s Office for the Western District of Louisiana mourn the passing of Senior United States District Court Judge Michael J. Juneau and issue the following statement:
“Judge Michael J. Juneau was a great American jurist and the consummate professional on and off the bench exhibiting textbook judicial temperament, especially when faced with tense situations during litigation. While in private practice, he was well known and respected throughout the state for being highly skilled in complex civil litigation. Although his time with us on the bench in the Western District of Louisiana was brief by Article III federal judge standards, it was impactful, and he will be missed. The employees of the Western District of Louisiana’s United States Attorney’s Office will keep his wife, Becky, and their children, lifted in prayer and our thoughts during this difficult time.”
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U.S. Attorney’s Office Uses Civil Forfeiture to Recover $95,325.29 for Fraud VictimRead the Press Release
Jackson, Miss. – On May 10, 2023, U.S. District Judge Sul Ozerden entered Final Judgment of Forfeiture against $95,325.29 in U.S. Currency seized from a Merchant and Marine Bank Account, announced U.S. Attorney Darren J. LaMarca. According to the Verified Complaint for Forfeiture in Rem filed by the U.S. Attorney’s Office, the Merchant and Marine Bank Account had been set up by a conspirator in a business email compromise scheme (BEC) to receive fraud proceeds.
A BEC is a sophisticated scam, often targeting businesses involved in wire transfer payments. The fraud is carried out by compromising and/or “spoofing” legitimate business email accounts through social engineering or computer intrusion techniques. It causes employees of the victim company (or other individuals involved in legitimate business transactions with them) to transfer funds to accounts the scammers control.
The complaint was filed Feb. 27, 2023, alleging that on August 31, 2020, the victim’s husband received an email from the title company handling the couple’s closing on the purchase of a home. This email was legitimate and contained accurate wiring instructions, but on September 1, 2020, the victim received a second email with false wiring instructions. The spoofed email appeared to be from the couple’s title company and listed the account to which the funds were to be transferred as a Merchant and Marine Bank Account, which a conspirator had opened on August 31, 2020.
The victim followed the instructions in the fraudulent email and wired funds into the Merchant and Marine Bank Account. On September 2, 2020, the victim realized the fraudulent email after receiving a call from the title company about the closing costs. By that time, a conspirator had already sent a wire transfer, purchased a cashier’s check made payable to herself, and made a sizable cash withdrawal.
The victim’s husband contacted Merchant and Marine Bank, which froze the remaining funds in the account and placed a stop payment on the cashier’s check. On March 20, 2023, the victim filed a claim in the civil forfeiture proceeding and filed a subsequent answer, in which she explained that she had been the victim of the fraud scheme. The U.S. Attorney’s Office entered into a Stipulated Settlement Agreement with the victim and asked the Court to enter a Final Judgment ordering the return of the $95,325.29 to the victim and canceling the interests of any other person or entity.
The Federal Bureau of Investigation conducted the investigation. The USAO Asset Recovery Unit team led by AUSA Clay B. Baldwin handled the matter. The Government would like to thank Merchant & Marine Bank for its cooperation in this matter.
Business Email Compromise schemes can be prevented. Here are some tips:
• Independently obtain mortgage payoff statements and confirm with verified and trusted sources.
• Independently verify the authenticity of information included in correspondence and statements.
• Enable Multi-Factor Authentication (MFA) on all email accounts.
• Routinely change passwords.
• Routinely monitor email account access, check for unauthorized email rules and forwarding settings.
• Restrict wire transfers to known and previously verified accounts.
• Pay using checks when the information cannot be independently verified.
• Have a clear and detailed Incident Response Plan.
For more information visit the Secret Service’s Preparing for a Cyber Incident page. To learn more about the Secret Service and efforts to combat Business Email Compromise fraud, please click here.
U.S. Attorney Roger Handberg Recognizes Police WeekRead the Press Release
Tampa, FL - In honor of National Police Week, United States Attorney Roger Handberg recognizes the service and sacrifice of federal, state, and local law enforcement. This year, national events are taking place in Washington, D.C. on Wednesday, May 10 through Monday, May 15, 2023.
“Each day, law enforcement officers across America answer the call to uphold the law, preserve the peace, and protect all of us from harm,” said U.S. Attorney Handberg. “This sacred duty comes with great responsibility and oftentimes at great risk. This week, our District remembers the men and women who have paid the ultimate price while answering the call to public service and supports those who continue to serve the people of Florida and across our nation.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), 118 law enforcement officers died nationwide in the line of duty in 2022. During this period, four officers have died in the line of duty in the Middle District of Florida.
Additionally, according to 2022 statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 60 law enforcement officers who died in the line of duty in 2022 were killed as a result of felonious acts, whereas 58 died in accidents. Deaths resulting from felonious acts decreased 17.8% in 2022, when compared to the 73 officers who were killed as a result of criminal acts in 2021. Additional LEOKA statistics can be found on FBI’s Crime Data Explorer website for the LEOKA program.
The names of 556 fallen officers added this year to the wall at the National Law Enforcement Officer Memorial will be read on Saturday, May 13, 2023, during a Candlelight Vigil (https://nleomf.org/event/35th-annual-candlelight-vigil/) in Washington, D.C., starting at 8:00 PM EDT. Those who wish to view the vigil live online, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/TheNLEOMF. The schedule of National Police Week events is available on NLEOMF’s website.
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Reference to any specific organization or service(s) offered by an organization is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by the United States Department of Justice.
U.S. Attorney Expresses Condolences for Fallen Cameron Police Officer, Honors Law Enforcement Partners During Police WeekRead the Press Release
SAN ANTONIO – In honor of National Police Week, U.S. Attorney Jaime Esparza recognizes the dedication, service and sacrifice of federal, state, local and tribal law enforcement officers. This year, the week is observed Sunday, May 14 through Saturday, May 20. A livestreamed candlelight vigil on the National Mall in Washington D.C. will signify the start of the commemoration, Saturday, May 13 at 8pm EST.
President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week in 1962 to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which falls on May 15 each year, honors law enforcement officers killed or disabled in the line of duty. Based on data analyzed by the National Law Enforcement Officers Memorial Fund, 226 federal, state, local and tribal law enforcement officers nationwide died in the line of duty in 2022.
“This is a week for all of us across the nation to recognize and appreciate the dedication of the brave men and women who put their lives on the line every day to keep our communities safe,” said U.S. Attorney Jaime Esparza of the Western District of Texas. “As the U.S. Attorney, I thank our federal, state, local and tribal law enforcement partners in this district for their commitment to protecting our citizens and upholding the rule of law. We stand with them in solidarity and pledge to continue working together to build safer and stronger communities.”
On Wednesday, a Cameron Police Officer was fatally shot by a subject while executing a search warrant in Cameron, south of Waco. The Milam County Sheriff’s Office identified the officer as Sergeant Joshua Clouse, a U.S. Army veteran who is survived by his wife and two children.
“The loss of Sgt. Clouse is a difficult reminder of why we recognize Police Week and I extend my deepest sympathies to his family, friends and those who served by his side,” said U.S. Attorney Esparza. “We are grateful for his service and sacrifice in protecting his community. His memory should be forever honored.”
For further details about National Police Week, visit NationalPoliceWeek.org, or learn more from the principal organizer of the week, the National Law Enforcement Officers Memorial Fund, at NLEOMF.org.
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Two St. Petersburg Men Plead Guilty to Possession of Controlled Substances with Intent to DistributeRead the Press Release
Tampa, FL - United States Attorney Roger B. Handberg announces that Armani Dilworth (28, St. Petersburg) and Lemar Cowart (27, St. Petersburg) have pleaded guilty to possessing controlled substances with the intent to distribute them. Each faces up to 20 years in federal prison. Dilworth has also pleaded guilty to possessing a firearm during a drug trafficking offense and faces a minimum mandatory penalty of five years, up to life, in federal prison for the firearm offense, to run consecutive to the other sentence imposed. Sentencing dates have not yet been set.
According to court documents, on May 4, 2020, an eyewitness observed a vehicle, occupied by Dilworth and Cowart, pull into oncoming traffic and shoot into the front of another vehicle. This action caused the other vehicle to retaliate, and a high-speed chase ensued. The car which Dilworth and Cowart occupied ultimately crashed into a gate at Azalea Middle School, and Cowart and Dilworth ran from the vehicle. Inside the vehicle, officers found cocaine, two substances containing a mixture of heroin and fentanyl, alprazolam, oxycodone, amphetamine, buprenorphine, and cannabis. They also found evidence of narcotics distribution inside the vehicle including plastic baggies, two scales, scissors, and a firearm. Both Dilworth and Cowart’s DNA were found on the firearm recovered from the vehicle.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It is being prosecuted by Assistant United States Attorney Samantha Newman. The forfeiture is being handled by Assistant United States Attorney James Muench.
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.
Two St. Paul Men Indicted for Assaulting a Federal AgentRead the Press Release
MINNEAPOLIS – Two St. Paul men have been indicted for conspiracy and assault of a federal law enforcement officer, announced U.S. Attorney Andrew M. Luger.
According to court documents, on March 30, 2023, Dion Darnell Miller, 27, and Aaron Maurice Admir Harris, 29, conspired with each other to assault, intimidate, and interfere with a law enforcement agent, who was engaged in their official duties, by use of a deadly and dangerous weapon, namely a 9mm Taurus Model semi-automatic handgun.
The indictment charges Miller and Harris with one count of conspiracy to assault a federal law enforcement officer, one count of assault upon a federal law enforcement officer, and one count of brandishing a firearm during and in relation to a crime of violence. The defendants made their initial appearances on April 3, 2023, in U.S. District Court before Magistrate Judge Tony N. Leung. They were ordered to remain in federal custody pending further court proceedings.
This case is the result of an investigation conducted by the Drug Enforcement Administration, Homeland Security Investigations, the Ramsey County Violent Crimes Enforcement Team, the Minnesota Bureau of Criminal Apprehension, and the St. Paul Police Department.
Assistant U.S. Attorney Allen A. Slaughter is prosecuting the case.
An indictment is merely an allegation and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Two Gang Members Sentenced for Sexual Assault and Firearms ChargesRead the Press Release
United States Attorney Steven Russell announced that two No Name Demon gang members were sentenced on May 11, 2023 for their roles in the video recorded gang rapes of two minor females in Lincoln, Nebraska. One victim was 16 years old at the time of the assault and the other was 14 years old. Senior United States District Judge John M. Gerrard sentenced Isaiah Dorsey, 21, of Lincoln to 240 months, or 20 years, in federal prison for conspiracy to produce child pornography. Krysean Reynolds, 21, of Lincoln, Nebraska was sentenced to 200 months in federal prison for producing child pornography.
Investigation revealed that the gang members were tricking young women into Reynolds’s home and then forcing them to participate in painful sexual acts with multiple gang members at the same time, and one victim had a cut glass bottle forced inside her body against her will. Reynolds and Dorsey recorded the rapes and shared them in the No Name Demon’s group Snapchat. Each of the defendants also pleaded guilty to participating in a firearms conspiracy in furtherance of drug trafficking with other gang members and received concurrent sentences for those offenses of 70 months in federal prison. There is no parole in the federal system. In addition, at the end of their respective terms of federal imprisonment, each of the defendants will be placed on a term of supervised release for 10 years.
Judge Gerrard described the video recorded rapes of the two underage teenage girls as “unspeakable sexual assaults,” and “horrendous” crimes. Judge Gerrard went on to state that young men who are willing to join gangs, tote guns, and promote violence on social media need to be prepared to do serious time. The Court promised to protect the public from these senseless violent acts.
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 primarily investigated by the Federal Bureau of Investigation and the Lincoln Police Department.
Two Additional Defendants Charged in Juvenile Overdose CaseRead the Press Release
Two more defendants have been charged in the drug conspiracy that claimed the lives of three teenagers, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Roberta Alexander Gaitan, 20, and Rafael Soliz, Jr., 22, were charged in a superseding indictment filed in March with conspiracy to distribute a controlled substance; Mr. Gaitan was also charged with distribution of a controlled substance to a person under 21 years of age. The charges were unsealed on Tuesday, immediately following the defendants’ arrests. They made their initial appearances before U.S. Magistrate Judge Renee Toliver on Friday and were both ordered detained pending trial.
According to the indictment, Mr. Gaitan and Mr. Soliz allegedly conspired with Jason Xavier Villanueva, Donovan Jude Andrews, Stephan Paul Brinson, Magaly Mejia Cano, and Luis Eduardo Navarrete to traffic counterfeit opioid pills laced with fentanyl to young teens, often via juvenile dealers.
To date, members of the conspiracy are tied to at least 12 juvenile overdoses – three of them fatal – in Carrollton and Flower Mound. The victims span the ages of 13 to 17. The deadly drugs were often advertised via social media.
An indictment is merely an allegation of criminal conduct, not evidence. All conspirators are presumed innocent until proven guilty in a court of law.
If convicted, the defendants face up to 20 years each in federal prison.
The Drug Enforcement Administration’s Dallas Field Office and the Carrollton Police Department conducted the investigation with the assistance of School Resource Officers from the Carrollton – Farmer’s Branch Independent School District and the Lewisville Independent School District. Assistant U.S. Attorneys Phelesa Guy and Rick Calvert are prosecuting the case.
Note: Illicitly produced, fentanyl-laced pills often look similar to legitimate prescription pills like Oxycontin or Percocet, but can pose significantly more danger. On the street, these pills are often referred to as “M30s” (a reference to the markings on some of the pills), “blues,” “perks,” “yerks,” “china girls,” or “TNT.” DEA research shows that six out of ten pills laced with fentanyl contain a potentially lethal dose. One pill can kill. For resources, visit https://www.dea.gov/onepill.
Three Waterloo Fentanyl Dealers Sentenced to Federal PrisonRead the Press Release
Three Waterloo fentanyl dealers were sentenced to federal prison this week.
Sheryl Wellner, age 44, received the prison term after an October 11, 2022 guilty plea to one count of possession with intent to distribute a controlled substance.
Melvin Williams, age 55, received the prison term after a January 8, 2023 guilty plea to one count of conspiracy to distribute a controlled substance.
Justin Jensen, age 41, received the prison term after a January 9, 2023 guilty plea to one count of conspiracy to distribute a controlled substance.
Information at a prior hearing showed that, on August 7, 2021, and August 13, 2021, Wellner distributed heroin to another person in Waterloo, Iowa. Then, on August 18, 2021, law enforcement officers searched Wellner’s residence and recovered almost 10 grams of a heroin/fentanyl mixture and a digital scale.
Information disclosed at their respective sentencing hearings showed that, between March 2022, and May 26, 2022, Williams and Jensen worked together to distribute fentanyl. In late March 2022, Williams distributed an amount of fentanyl to another person, which caused the person to suffer an overdose and die. Then, in early April 2022, Williams distributed fentanyl to Jensen, who in turn distributed it to another person, which caused the person to suffer an overdose and crash their car on a highway in Waterloo. In May 2022, law enforcement officers conducted several controlled purchases from Williams and Jensen before arresting them on May 26, 2022.
All three individuals were sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Wellner was sentenced to 41 months’ imprisonment. She must also serve a six‑year term of supervised release after the prison term. There is no parole in the federal system.
Williams was sentenced to 79 months’ imprisonment. He must also serve a five‑year term of supervised release after the prison term. There is no parole in the federal system.
Jensen was sentenced to 33 months’ imprisonment. He must also serve a three‑year term of supervised release after the prison term. There is no parole in the federal system.
Wellner, Williams, and Jensen are being held in the United States Marshal’s custody until they can be transported to a federal prison.
These case was prosecuted by Assistant United States Attorney Dillan Edwards and were investigated as part of the Northern Iowa Heroin Initiative and the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Federal Bureau of Investigation; the Tri-County Drug Enforcement Task Force consisting of the Waterloo Police Department, Cedar Falls Police Department, Black Hawk County Sheriff’s Department, Evansdale Police Department, Waverly Police Department, Hudson Police Department, La Porte City Police Department, and the Bremer County Sheriff’s Department; and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 22‑CR‑02028 and 22-CR-02034.
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Texas Man Pleads Guilty to Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – FERMIN RODRIGUEZ-ORTEGA, age 24, a resident of Dallas, Texas, pled guilty, before U.S. District Judge Carl J. Barbier to a two-count indictment charging him with conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A), and 846, and possession with intent to distribute 400 grams or more of fentanyl, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), announced U.S. Attorney Duane A. Evans.
According to court documents, on September 27, 2022, RODRIGUEZ-ORTEGA traveled from Dallas, Texas to a Super 8 motel in Covington, Louisiana carrying approximately five kilograms of fentanyl. Based on information obtained through investigation, Homeland Security Investigations agents and St. Tammany Parish Sheriff’s Office deputies encountered RODRIGUEZ-ORTEGA upon his arrival at the motel. Agents then searched his luggage and discovered five kilograms of fentanyl.
As to each count to which he pled guilty, RODRIGUEZ-ORTEGA faces a mandatory minimum sentence of ten years, up to life imprisonment, a fine of up to $10,000,000, at least five years of supervised release following any term of imprisonment, and a $100 mandatory special assessment fee.
This case was investigated by the United States Homeland Security Investigations and St. Tammany Parish Sheriff’s Office. The prosecution is being handled by Assistant United States Attorney J. Benjamin Myers of the Narcotics Unit.
Tampa Man Convicted in A Conspiracy to Distribute Nearly Four Kilograms of Methamphetamine and over 8,000 Pressed Fentanyl PillsRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces that a federal jury has found Victor Yoel Perez Cremades (52, Tampa) guilty of one count of conspiracy to possess with the intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine and 400 grams or more of fentanyl, and one count of possession with the intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine and 400 grams or more of fentanyl. Cremades faces a minimum mandatory penalty of 10 years, up to life, in federal prison. His sentencing hearing is scheduled for August 8, 2023. Cremades had been indicted on June 22, 2022.
According to testimony and evidence presented at trial, on September 8, 2021, the FBI served a search warrant at Cremades’s residence located at 4813 N. MacDill Avenue in Tampa. Inside Cremades’s bedroom, agents located a bag containing more than 800 grams of pills pressed to look like oxycodone tablets and over 3,000 grams of methamphetamine. The bag was in the same closet as Cremades’s passport, ID card, and Social Security card.
On the same day, agents intercepted a suspicious package from the mail that was addressed to a fictitious person at 4813 N. MacDill Avenue. The package contained more than 1,300 grams of methamphetamine and over 1,200 fentanyl pills pressed to look like oxycodone tablets. During the search, agents located financial receipts showing Cremades had sent money to the same city from which the suspicious package was mailed.
This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Samantha Beckman.
Tallahassee Man Indicted for Possessing Methamphetamine with Intent to DistributeRead the Press Release
Ocala, FL – United States Attorney Roger B. Handberg announces the return of an indictment charging Brian Keith Coleman (33, Tallahassee) with possession of 50 grams or more of methamphetamine with the intent to distribute it. If convicted, Coleman faces a minimum mandatory term of 10 years, up to life, in federal prison.
According to court documents, a trooper with the Florida Highway Patrol found Coleman’s vehicle broken down on the shoulder of the interstate and, after a probable cause search of the vehicle, found methamphetamine, fentanyl, and marijuana. The trooper also found half a kilogram of methamphetamine where Coleman had been when the trooper first arrived on scene.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Drug Enforcement Administration, the Tallahassee Police Department, and the Florida Highway Patrol. It will be prosecuted by Assistant United States Attorneys Belkis H. Crockett and Tyrie K. Boyer.
Straw Purchaser Sentenced to 42 months for Lying to Buy FirearmRead the Press Release
ROANOKE, Va. – A Roanoke man, who made an illegal straw purchase of a firearm for a convicted felon, was sentenced this week to 42 months in federal prison.
Garland Thomas Lawton, 25, pleaded guilty in February 2023 to one count of making a false statement to a federal firearms licensee in connection with the acquisition of a firearm.
According to court documents, on May 22, 2020, Lawton purchased a Taurus 9mm pistol from Doomsday Tactical, a federal firearms dealer located in the Western District of Virginia. As part of the purchase, Lawton claimed that he was the intended owner of the firearm, when, in fact, he was actually purchasing the firearm on behalf of Jermaine Drummond, a convicted felon, who paid Lawton $220 in cash to get the pistol.
The firearm was later recovered in Maryland on September 10, 2022, in connection with criminal activity.
United States Attorney Christopher R. Kavanaugh of the Western District of Virginia and Michael Weddel, Acting Special Agent in Charge of the Washington Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced the sentence today.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.
Assistant U.S. Attorney Kristin B. Johnson prosecuted the case for the United States.
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.
St. Cloud Man Pleads Guilty to Drug Trafficking and Firearms OffensesRead the Press Release
Orlando, FL - United States Attorney Roger B. Handberg announces that Robert J. Potocnack (42, St. Cloud) has pleaded guilty to one count of possession with the intent to distribute 50 grams or more of methamphetamine and one count of possession of a firearm in furtherance of a drug trafficking offense. He faces a minimum mandatory sentence of 10 years, up to life, in federal prison for the drug possession offense, and a consecutive minimum mandatory sentence of 5 years, up to life, in federal prison for the firearm offense. His sentencing hearing has been scheduled for August 9, 2023.
According to the plea agreement, in November 2022, Potocnack sold 224 grams of methamphetamine and a firearm to an undercover detective from the St. Cloud Police Department.
This case was investigated by the Drug Enforcement Administration and the St. Cloud Police Department. It is being prosecuted by Assistant United States Attorney Terry B. Livanos.
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.
Shadow Creek Ranch manager pleads guilty to scamming HOA companyRead the Press Release
HOUSTON - A 63-year-old Houston resident has pleaded guilty to wire fraud, announced U.S. Attorney Alamdar S. Hamdani.
Maria Denise Southall-Shaw was the former manager of Shadow Creek Ranch in Pearland. Today, she admitted to defrauding FirstService Residential, a company which managed Shadow Creek Ranch’s homeowner associations and had employed Southall-Shaw.
As part of her plea, Southall-Shaw admitted she approved invoices from a vendor for goods and services which she knew had not been provided. In return, the vendor then provided kickbacks to her.
From November 2013 through November 2017, the vendor would pay Southall-Shaw half of payments they received from the fraudulent invoices, which were allegedly for goods such as pool equipment and supplies but not actually provided to Shadow Creek Ranch. Southall-Shaw admitted she approved the invoices. In return, the vendor made his payments to Shawdashian Group, a company Southall-Shaw owned.
U.S. District Judge Randy Crane accepted Southall-Shaw’s guilty plea and set sentencing for Sept. 19. At that time, Southall-Shaw faces up to 20 years in federal prison as well as a possible $250,000 maximum fine.
She was permitted to remain on bond pending that hearing.
The FBI conducted the investigation. Assistant U.S. Attorney John Braddock is prosecuting the case.
Sarasota Woman Pleads Guilty to Conspiracy to Defraud the United StatesRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Madeline Nikolson has pleaded guilty to one count of conspiracy to defraud the United States and to impede and impair the ability of the Internal Revenue (“IRS”) to ascertain and collect personal and corporate income tax revenue. Nikolson faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set.
According to the plea agreement and information presented at the plea hearing, Nikolson owned and managed a restaurant in Sarasota. Beginning at least as early as August 2013, she and her partner and co-owner of the restaurant instituted a scheme to defraud the IRS by removing the records of daily cash sales from the point-of-sale registers at the restaurant, leaving the record to consist only of credit card sales. The owners used this falsified record of sales income to submit to tax preparers who prepared both their personal income tax returns and their corporate tax returns for tax years 2016, 2017, and 2018. As a result, they falsified and removed any reference to approximately $726,105 in sales income from their corporate and personal tax returns for those tax years, resulting in over $100,000 of taxes due and owing on those sums of unreported income.
This case was investigated by the IRS - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Salem Man Sentenced for Unlawful Possession of Machine GunsRead the Press Release
CONCORD – A Salem man was sentenced today in federal court for the unlawful possession of machine guns, U.S. Attorney Jane E. Young announces.
Kyle Morris, 23, was sentenced by U.S. District Court Judge Samantha D. Elliott to 18 months in prison and 3 years of supervised release. Morris was also ordered to pay a fine of $1000. On January 17, 2023, Morris pleaded guilty to the unlawful possession of machine guns. He was ordered to forfeit to the government the two machine guns seized during the execution of the search warrant at his home.
“The defendant expressed an interest in perpetrating horrific acts of violence against racial and religious minorities,” said U.S. Attorney Jane E. Young. “Those beliefs coupled with his illegal possession of machine guns pose a danger to our communities and today’s sentence sends a clear message that such conduct will result in not only a felony conviction but in incarceration.”
"Today, Kyle Morris learned his fate for illegally possessing two machine guns, while advocating for a race war and the bombing of mosques and synagogues. Weapons, he collected in furtherance of his desire to commit racially motivated violence,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “I commend the diligent work conducted by our New Hampshire Joint Terrorism Task Force for removing this threat from our community."
Morris kept the machine guns in a locked gun room in his home. This locked room also contained over 20 other firearms and various Nazi paraphernalia, including a Nazi uniform, two Nazi flags, and a framed photo of Adolf Hitler.
In private correspondence, he advocated for bombing mosques, synagogues, and diversity centers, and for starting a race war. He expressed an interest in participating in lone wolf attacks in Massachusetts involving shootings in Lawrence, culminating in a plan to drive a truck bomb into the Massachusetts State House. Morris also wanted to “mag dump a crowd of Black Lives Matter protesters, especially the darker ones.”
The Federal Bureau of Investigation and New Hampshire State Police led the investigation. Assistant U.S. Attorneys Anna Z. Krasinski and Alexander S. Chen prosecuted the case.
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Rochester Woman Sentenced to 5 Years in Federal Prison for Conspiracy to Distribute Fentanyl and MethamphetamineRead the Press Release
CONCORD – A Rochester woman was sentenced today in federal court for conspiracy to distribute fentanyl and methamphetamine in New Hampshire, U.S. Attorney Jane E. Young announces.
Jennelle Brown, 38, was sentenced by U.S. District Court Judge Joseph N. Laplante to 60 months in prison. On January 18, 2023, Brown pleaded guilty to conspiracy to distribute fentanyl and methamphetamine. Brown’s co-defendant, Bradford Sargent, also pleaded guilty to conspiracy to distribute fentanyl and methamphetamine and will be sentenced on July 6, 2023.
“Today’s sentence sends a message to the defendant and other drug traffickers that such illegal conduct will be prosecuted and will result in significant periods of incarceration,” said U.S. Attorney Jane E. Young. “The outstanding collaborative efforts of federal and local law enforcement stopped those drugs from entering the community.”
Brown and Sargent sold drugs multiple times from their hotel room in Portsmouth. When law enforcement searched their room, they uncovered large quantities of money, drugs, and drug ledgers. Searches of two vehicles, storage units, and safety deposit boxes uncovered more currency and drugs. In total, law enforcement seized over $130,000, 1.3 kilograms of fentanyl, almost 650 grams of methamphetamine, and smaller amounts of cocaine.
The Federal Bureau of Investigation and Rockingham County Sheriff’s Office led the investigation. Valuable assistance was provided by the Drug Enforcement Administration and Strafford County Sheriff’s Office. Assistant U.S. Attorneys Alexander S. Chen and Jarad E. Hodes prosecuted the case.
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Palm Beach County Man Sentenced to Two Years in Federal Prison for COVID Relief FraudRead the Press Release
Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Al Clint LaRoche (43, Palm Beach County) to two years in federal prison for bank fraud. As part of his sentence, the court also entered an order of forfeiture in the amount of $1,078,652.50, which were the proceeds of the bank fraud. LaRoche had pleaded guilty on January 30, 2023.
According to court documents, between April 2020 and April 2021, LaRoche submitted false and fraudulent First Draw and Second Draw Paycheck Protection Program (PPP) loan applications to a financial institution through a financial services and technology company based in Naples for his business – Bornwild, LLC. The loan applications contained numerous false representations and certifications, including Bornwild’s average monthly payroll, number of employees, and that the loan funds would be used for authorized purposes.
To qualify for each PPP loan and in support of his fraudulent loan applications, LaRoche submitted fake and fictitious quarterly federal tax returns (IRS Form 941s) for Bornwild that contained false representations about the business’s quarterly payroll expenses. LaRoche’s false and fraudulent representations caused the PPP lender to approve and fund a First Draw and Second Draw PPP loan, resulting in the deposit of approximately $1,078,652 into bank accounts LaRoche controlled. LaRoche then used the funds for unauthorized purposes and for his own personal enrichment, including the purchase of a Mercedes Benz SUV, jewelry, hotel and travel stays, various retail purchases, and more than $350,000 in cash withdrawals.
This case was investigated by the FBI. It was prosecuted by Assistant United States Attorney Trent Reichling.
In May 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Omaha Man Sentenced for Receiving Child PornographyRead the Press Release
United States Attorney Steven Russell announced that Antonio Olvera, 21, of Omaha, Nebraska, was sentenced today in federal court in Omaha for receipt of child pornography. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Olvera to 96 months of imprisonment. There is no parole in the federal system. After his release from prison, Olvera will begin a 10-year term of supervised release.
Between December 8, 2018, and August 22, 2019, Olvera uploaded 184 images of child pornography to DropBox. Between June 16, 2020, and August 10, 2020, Olvera uploaded another 14 files containing child pornography. Upon Olvera’s request, between June 22, 2021, and September 22, 2021, a minor sent Olvera via Snapchat images and videos of child pornography depicting the minor. Olvera engaged in “catfishing” and posed as different individuals online when requesting that the minor send the images and videos.
On September 22, 2021, law enforcement executed a search warrant at Olvera’s Omaha residence. Agents obtained Olvera’s digital devices and located approximately 417 files containing child pornography. Agents located the child pornography that Olvera had received from the minor.
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 Homeland Security Investigations.New Orleans Man Pleads Guilty to Violating the Federal Gun Control ActRead the Press Release
NEW ORLEANS, LOUISIANA – SHAMAR HOLMES, age 23, a resident of New Orleans, pled guilty on May 11, 2023 before United States District Judge Carl J. Barbier to a one-count indictment alleging that he illegally possessed a firearm having previously been convicted of a felony, announced U.S. Attorney Duane A. Evans.
According to court records, in September 2022, HOLMES was traveling on Interstate 10 near the Claiborne Avenue exit when another car opened fire on his car. HOLMES was shot several times and taken to the hospital. When New Orleans Police Officers arrived to investigate, they seized the car as part of the shooting investigation. During a search of the vehicle, the police located a Glock, Gen. 22, 40 caliber semi-automatic handgun. Earlier, in January 2022, HOLMES had pleaded guilty to aggravated battery, a felony, in Orleans Parish and was thus prohibited from possessing guns at the time of this event.
HOLMES is set to be sentenced on August 17, 2023. He faces up to 15 years imprisonment, a fine of up to $250,000, up to three years of supervised release following any term of imprisonment and a $100 mandatory special assessment fee.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New Orleans Police Department. The prosecution is being handled by Assistant United States Attorney David Haller of the Violent Crime Unit.
New Orleans Man Pleads Guilty to Federal Drug TraffickingRead the Press Release
NEW ORLEANS – SEAN MARTIN, age 56, of New Orleans, pleaded guilty on May 11, 2023 before United States District Judge Ivan L.R. Lemelle to violating the Federal Controlled Substances Act, announced U.S. Attorney Duane A. Evans.
According to court records, MARTIN admitted to possessing with the intent to distribute over a kilogram of heroin, over 400 grams of fentanyl, and a quantity of cocaine hydrochloride, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 841(b)(1)(C).
Sentencing is set for August 16, 2023. MARTIN faces a mandatory minimum sentence of 10 years, up to life imprisonment, a fine of up to $10,000,000, and at least 5 years of supervised release. The count also carries a mandatory special assessment fee of $100.
This case is being investigated by the Drug Enforcement Administration and the Federal Bureau of Investigation. Assistant United States Attorneys David Haller and Michael Trummel of the Violent Crime Unit are in charge of the prosecution.
New Orleans Man Pleads Guilty to Federal Drug TraffickingRead the Press Release
NEW ORLEANS – GENE JACKSON, age 53, of New Orleans, pleaded guilty on May 11, 2023 before United States District Judge Ivan L.R. Lemelle to violating the federal Controlled Substances Act announced U.S. Attorney Duane A. Evans.
According to court records, JACKSON admitted to possessing with the intent to distribute a quantity of heroin, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C).
Sentencing is set for August 16, 2023. JACKSON faces a sentence of up to 20 years imprisonment, a fine of up to $1,000,000, and at least 3 years of supervised release. The count of conviction also carries a mandatory special assessment fee of $100.
This case is being investigated by the Drug Enforcement Administration and the Federal Bureau of Investigation. Assistant United States Attorneys David Haller and Michael Trummel of the Violent Crime Unit oversee the prosecution.
Nashua Man Sentenced to 8 Years in Federal Prison for Drug TraffickingRead the Press Release
CONCORD – A Nashua man was sentenced on May 11, 2023 in federal court for trafficking methamphetamine in New Hampshire, U.S. Attorney Jane E. Young announces.
Philip Wetmore, 32, was sentenced by U.S. District Court Judge Samantha D. Elliott to 8 years in federal prison and 4 years of supervised release. On February 3, 2023, pleaded guilty to two counts of distributing methamphetamine and one count of possessing methamphetamine with the intent to distribute.
“The sentence imposed reflects the severity of the defendant’s criminal conduct, that being trafficking methamphetamine into our communities,” said U.S. Attorney Jane E. Young. “Drug traffickers like the defendant will be prosecuted and will serve lengthy periods of incarceration.”
“In selling crystal meth on the streets of Nashua, while carrying a firearm when he was prohibited from doing so, Philip Wetmore has continued to demonstrate why he is a serious threat to the citizens of New Hampshire,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Today’s sentence is another example of our Major Offender Task Force’s commitment to removing criminals that plague our communities with drugs, guns, and violence from our streets.”
On two occasions in February 2022, Wetmore sold approximately 81 grams of crystal methamphetamine to an individual in Nashua. The FBI arrested Wetmore after the second drug sale. At the time of his arrest, Wetmore had a loaded firearm on him. The FBI subsequently seized approximately 671 grams of crystal methamphetamine, a second loaded firearm, and other items associated with drug trafficking from Wetmore’s car. Wetmore is legally prohibited from possessing firearms.
The Federal Bureau of Investigation’s Major Offender Task Force led the investigation. Valuable assistance was provided by the Nashua Police Department. The case was prosecuted by Assistant U.S. Attorney Jennifer C. Davis.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
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Multi-Convicted Felon Sentenced to 15 Years for Possessing A Firearm and Controlled SubstancesRead the Press Release
Orlando, FL – U.S. District Judge Paul G. Byron has sentenced Curtis Tyrone Johnson (35, Melbourne) to 15 years in federal prison for possessing a firearm as a convicted felon and possessing with the intent to distribute various controlled substances. The court also ordered Johnson to forfeit a Glock .40 caliber pistol and ammunition traceable to the offense. A federal jury had found Johnson guilty on February 8, 2023.
According to evidence presented at trial, on March 25, 2022, the Melbourne Police Department and the Brevard County Sheriff’s Office SWAT team, along with members of the DEA and FBI, were executing search warrants at two residences on Williams Street in Melbourne. While law enforcement moved in to set a perimeter, Johnson came jogging down the side of a residence holding a black bag. Upon making eye contact with law enforcement, Johnson took off running through backyards on Ryoland Street. Agents who followed Johnson observed him holding the black bag and a firearm. Johnson was given commands to put his hands in the air but instead threw the bag and firearm over a fence into a church parking lot. Both items were recovered. The firearm was determined to be a Glock .40 caliber pistol, loaded with 16 rounds of Winchester ammunition. The bag contained approximately 181 grams of methamphetamine, 35 grams of crack cocaine, 15 grams of fluorofentanyl, and 194 grams of N, N-Dimethylpentylone, a drug similar to MDMA.
This case was investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Melbourne Police Department, and the Brevard County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Beatriz Gonzalez and Sarah Megan Testerman.
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.
Michael Richard Lynch, Former CEO of Autonomy Corporation, Makes Appearance in Federal Court to Face Conspiracy, Fraud ChargesRead the Press Release
SAN FRANCISCO – Michael Richard Lynch, the former Chief Executive Officer of Autonomy Corporation, was extradited from the United Kingdom to the United States to face charges in the Northern District of California, announced First Assistant United States Attorney Stephanie M. Hinds; Federal Bureau of Investigation Special Agent in Charge Robert K. Tripp; and Internal Revenue Service, Criminal Investigation (IRS-CI), Special Agent in Charge Darren Lian.
Lynch, 57, a citizen of the United Kingdom, was charged in a 17-count superseding indictment on March, 21, 2019. He made his initial appearance before the Honorable Charles R. Breyer, United States District Judge, who ordered the defendant released to home confinement in San Francisco upon his posting a $100 million bond.
The superseding indictment alleges Lynch and Stephen Chamberlain, Autonomy’s former Vice President of Finance, engaged in a scheme to defraud purchasers and sellers of Autonomy securities, including Palo Alto-based Hewlett-Packard Company (“HP”), about the true performance of Autonomy’s business, its financial condition, and its prospects for growth.
Prior to October 2011, Autonomy was a company with dual headquarters in San Francisco and Cambridge, England. In 2010, about 68% of Autonomy’s reported revenues came from the United States and other countries in the Americas. HP announced on August 18, 2011, it was acquiring Autonomy through a wholly owned subsidiary, Hewlett-Packard Vision B.V.
According to the superseding indictment, between 2009 and 2011, Lynch and Chamberlain, and other co-conspirators, (1) artificially inflated Autonomy’s revenues by backdating written agreements to record revenue in prior periods; recorded revenue on contracts that were subject to side letters or other contingencies that impacted revenue recognition; and improperly recorded revenue for reciprocal or roundtrip transactions; (2) made false and misleading statements to Autonomy’s independent auditor about transactions allegedly supporting the recognition of revenue and other items in Autonomy’s financial statements; (3) made false and misleading statements to market analysts covering Autonomy about Autonomy’s true performance and the nature and composition of its products, revenues and expenses; (4) made false and misleading statements to Autonomy’s regulators in response to inquiries about its financial statements; (5) made false and misleading statements that Autonomy was a so-called “pure software” company while concealing the fact that Autonomy engaged in hidden, loss-making resales of hardware separate from its sale of appliances; (6) made false and misleading statements about Autonomy’s alleged sales of original manufactured equipment or “OEM” licenses; and (7) intimidated, pressured and paid off persons who raised complaints about or openly criticized Autonomy’s financial practices and performance.
As part of the alleged scheme to defraud, Autonomy issued materially false and misleading quarterly and annual financial statements which the defendants allegedly provided to HP during the time that HP was considering whether to purchase Autonomy. The superseding indictment alleges that Lynch and Chamberlain caused Autonomy to make materially false and misleading statements directly to HP regarding Autonomy’s financial condition, performance, and business during the negotiations between HP and Autonomy leading up to the August 18, 2011, announcement by HP to acquire Autonomy for approximately $11 billion.
The superseding indictment further alleges that Lynch and Chamberlain conspired to commit offenses against the United States, the objectives of which were, among other things, to cover up, conceal, influence witnesses to, and otherwise obstruct investigations of the scheme to defraud.
In sum, the superseding indictment charges Lynch and Chamberlain with one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; fourteen (14) counts of wire fraud, in violation of 18 U.S.C. § 1343; and one count of conspiracy, in violation of 18 U.S.C. § 371. The superseding indictment charges Lynch with an additional count of securities fraud, in violation of 18 U.S.C. § 1348.
Chamberlain appeared before the Court on February 4, 2019, and has pleaded not guilty to all counts.
The superseding indictment against Lynch and Chamberlain merely alleges that crimes have been committed, and Lynch and Chamberlain are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendants face a maximum sentence of 20 years in prison, and a fine of $250,000, plus restitution, for each count of wire fraud and for the count alleging conspiracy to commit wire fraud and 5 years on the count of conspiracy in violation of 18 U.S.C. § 371. The maximum penalty for the securities fraud count against Lynch is 25 years in prison. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Robert S. Leach and Adam A. Reeves are prosecuting the case with the assistance of Beth Margen, Kathy Tat, and Megan Pagaduan. The prosecution is the result of an investigation involving the FBI, IRS-CI, and the United States Securities and Exchange Commission.
The Justice Department’s Office of International Affairs worked with law enforcement partners in the United Kingdom to secure the arrest and extradition of Lynch to the United States.
Methuen Man Sentenced for Conspiracy to Steal Firearms from New Hampshire Gun StoresRead the Press Release
CONCORD – A Methuen man was sentenced today in federal court for conspiring to steal firearms from three different New Hampshire gun stores, U.S. Attorney Jane E. Young announces.
Johariel Quezada, 19, was sentenced by U.S. District Court Judge Samantha Elliot to 24 months in prison and 3 years of supervised release. Quezada’s restitution hearing has been scheduled for August 9, 2023. Quezada and his two co-defendants, William Mejia and Ethan Ayala, were indicted on June 13, 2022. On January 5, 2023, Quezada pleaded guilty to conspiring to steal firearms from a federal firearms licensee. Mejia pleaded guilty to similar charges and is scheduled to be sentenced on July 7, 2023. Ayala is scheduled to be sentenced on April 15, 2024.
“Stolen firearms often fuel the gun violence that has become far too common in our communities,” said U.S. Attorney Jane E. Young. “Stopping the flow of stolen firearms into our communities remains a top priority of this office and we will continue to seek serious sentences for these very serious crimes.”
“Keeping guns from being stolen and used to commit further crimes remains a top priority for ATF,” said ATF Special Agent in Charge James Ferguson.
Between August 29, 2021, and October 4, 2021, Quezada conspired with others to steal firearms from three New Hampshire Federal Firearms Licensees. During the course of the conspiracy, 43 firearms were stolen from Milford Firearms in Milford, Second Amendment Arms in Windham, and MacPherson Firearms in Brentwood. Multiple stolen firearms were recovered from Quezada’s residence. Videos recovered from Quezada’s phone showed numerous stolen firearms and admissions of his involvement in the conspiracy.
The Bureau of Alcohol, Tobacco, Firearms and Explosives led the investigation. Valuable assistance was provided by the Andover Police Department, the Brentwood Police Department, the Haverhill Police Department, the Lawrence Police Department, the Massachusetts State Police, the Rockingham County Sheriff’s Office, the Salem (NH) Police Department, the Somersworth Police Department, the Saugus Police Department, the Wellesley Police Department, and the Windham Police Department. Assistant U.S. Attorney John J. Kennedy 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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Mattawamkeag Man Sentenced to 4+ Years for Role Methamphetamine Trafficking, Unlawful Possession of a FirearmRead the Press Release
Mattawamkeag Man Sentenced to 4+ Years for Role Methamphetamine Trafficking, Unlawful Possession of a Firearm
BANGOR, Maine: A Mattawamkeag man was sentenced in U.S. District Court in Bangor today for conspiracy to distribute and possess with intent to distribute methamphetamine and possession of a firearm by an unlawful user of a controlled substance.
U.S. District Judge Lance E. Walker sentenced Bruce McAlpine, 33, to 58 months in prison followed by three years of supervised release.
According to court records, between May and July 2018, McAlpine conspired with others to distribute and possess with the intent to distribute methamphetamine. A coconspirator was obtaining large quantities of methamphetamine from Florida and distributing to locations between Bangor and Houlton. McAlpine agreed to use his home as a storage location to assist in the methamphetamine distribution efforts. In July 2018, the Maine Drug Enforcement Agency conducted a search warrant of McAlpine’s residence and recovered more than 1,000 grams of methamphetamine and multiple firearms.
The U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency investigated the case.
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Man Sentenced to Nearly 5 Years in Prison for Illegally Possessing Loaded Gun in RockfordRead the Press Release
ROCKFORD — A federal judge has sentenced a man to nearly five years in federal prison for illegally possessing a loaded firearm in Rockford.
U.S. District Judge Harry D. Leinenweber on Tuesday sentenced CEDRIC MARKS, 35, to four years and nine months in prison. Marks pleaded guilty last year to one count of unlawful possession of a firearm by a previously convicted felon.
Marks admitted in a plea agreement that on Sept. 4, 2019, he possessed a loaded handgun in Rockford. Marks was a passenger in a vehicle that was pulled over for speeding. He was asked to exit the vehicle after the officer detected an odor of marijuana. Marks reached for a backpack in the vehicle, ignoring the officer’s request to stop, and then defeated the officer’s attempt to handcuff him. Marks then ran, dropping the backpack. He was ultimately arrested with a firearm that was loaded with five rounds of .38-caliber ammunition. The backpack contained ammunition, cash, drugs, and drug paraphernalia.
Marks had previously been convicted of a felony and was legally prohibited from possessing a firearm.
The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, and Christopher Amon, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives. The Winnebago County Sheriff’s Office assisted in the investigation. The government was represented by Assistant U.S. Attorney Robert S. Ladd.
Holding illegal firearm possessors accountable through federal prosecution is a centerpiece of Project Safe Neighborhoods (PSN) – the Department of Justice’s violent crime reduction strategy. In the Northern District of Illinois, the U.S. Attorney’s Office and law enforcement partners have deployed the PSN program to attack a broad range of violent crime issues facing the district, particularly firearm offenses.
Laguna Man Charged with Second Degree MurderRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Cody Allen Charlie was charged with three counts of murder in the second degree. Charlie, 36, of Laguna, and an enrolled member of the Pueblo of Acoma, appeared in federal court today for a detention hearing and will remain in custody pending trial, which has not been scheduled.
According to an indictment, on Aug. 7, 2022, Charlie was allegedly driving on I-40 near mile marker 130 when he hit another car from behind, pushing it off the interstate, onto the shoulder, and causing it to roll over. All three occupants of the car were killed in the accident. After the crash, Charlie allegedly fled the scene on foot. The crash occurred within the exterior boundaries of the Laguna Indian Reservation.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Charlie faces up to 33 years in prison.
The Bureau of Indian Affairs investigated this case with assistance from the Laguna Police Department and New Mexico State Police. Assistant United States Attorney Brittany DuChaussee is prosecuting the case.
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