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Thursday 11 May 2023
U.S. District Court Holds Inaugural Alternative Treatment Court Graduation CeremonyRead the Press Release
CHARLESTON, W.Va. – The United States District Court for the Southern District of West Virginia held a ceremony today for two inaugural graduates of the Alternative Treatment Court (ATC) program. The two graduates received congratulations and words of encouragement from Chief United States District Judge Thomas E. Johnston, who presided over the ceremony, United States Magistrate Judge Omar J. Aboulhosn, who presides over the ATC program, and United States Attorney Will Thompson.
The ATC program is a collaborative partnership between the U.S. District Court, the U.S. Probation Office, the U.S. Attorney’s Office, the Federal Public Defender’s Office, and various community-based treatment providers and organizations. The ATC program is a pre-plea, pre-sentence alternative to conviction or imprisonment for certain individuals charged with federal crimes. The ATC program provides a blend of treatment that focuses on drug and mental health treatment, and alternative sanctions to effectively address offender behavior, rehabilitation, and education and jobs skills training. The U.S. Probation Office performs oversight and monitoring roles that are integral to the ATC program’s success.
Thompson emphasized the value of second chances as he congratulated and encouraged the two graduates.
“I think honesty is the cornerstone of your continuing recovery,” Thompson said. “You need to be honest with your families, with your friends, your co-workers, court personnel, recovery coaches, whoever it might be. But do you know the most important person you need to be honest with? You need to be honest with yourself.”
Participants must be individuals whose criminal conduct is believed to be motivated by substance abuse issues, mental health, or other underlying causes that appear to be amenable to treatment through programs available as part of the ATC. Defendants with a history of violent offenses, involved in child exploitation offenses or subject to removal by immigration authorities are among those excluded from participating.
Eligible defendants must participate for at least 12 months, but may be required to participate for up to 24 months.
The inaugural graduates each successfully completed Track One of the program, which allows for the dismissal of charges against them. Participants in Track Two of the program receive a term of probation upon their successful completion of the ATC program.
“We are losing multiple generations in this state to drug addiction. I don’t like to give up on people. I do believe in second chances,” Thompson said. “The Alternative Treatment Court and similar programs give people who suffer from addiction or other issues a chance to learn how to control and combat their substance use disorder.”
Information about the Alternative Treatment Court, including the program’s Memorandum of Understanding, is available on the website of the U.S. District Court for the Southern District of West Virginia: https://www.wvsd.uscourts.gov/programs-services/alternative-treatment-court.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia.
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U.S. Border Patrol Agent Charged with Attempting to Distribute Methamphetamine and Receiving BribesRead the Press Release
NEWS RELEASE SUMMARY—May 11, 2023
SAN DIEGO—U.S. Border Patrol Agent Hector Hernandez made his initial appearance in federal court today on charges that he agreed to accept $25,000 in bribes to distribute methamphetamine and to open a restricted border gate to allow unauthorized migrants to illegally enter the United States.
The complaint alleges that on May 8, 2023, Hernandez opened a restricted border gate while on duty as part of an agreement to allow an unauthorized migrant to enter the United States from Mexico in exchange for a $5,000 cash payment to Hernandez. Hernandez was unaware that he’d made that agreement with an undercover federal agent.
Then, on May 9, 2023, in exchange for another cash payment, Hernandez arranged to pick up a duffle bag loaded with methamphetamine from a storm drain near the border fence while on duty. According to the complaint, Hernandez put the bag into his Border Patrol vehicle and drove it to his house in Chula Vista, where he stored it for the remainder of his shift.
In the morning on May 10, 2023, Hernandez retrieved the bag and met with the undercover agent intending to deliver the drugs in return for an expected $20,000 cash payment, the complaint said. At that meeting, after delivering the drugs, Hernandez was arrested.
A detention hearing is scheduled for May 16 at 1:30 p.m. before U.S. Magistrate Judge Bernard G. Skomal.
DEFENDANT Case Number 23mj1663-BGS
Hector Hernandez Age: 55 Chula Vista, CA
SUMMARY OF CHARGES
Attempted Distribution of Methamphetamine – 21 U.S.C., Sections 841(a)(1) and 846
Maximum penalty: Life in prison with a 10-year mandatory minimum
Receiving Bribe by Public Official – 18 U.S.C., Section 201(b)(2)
Maximum penalty: Fifteen years in prison
AGENCIES
Department of Homeland Security, Office of the Inspector General
Drug Enforcement Administration
Federal Bureau of Investigation, Border Corruption Task Force
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Two Men Indicted for Environmental Crimes Committed in the Jobos Bay National Estuarine Research Reserve and Las Mareas Community of Salinas, Puerto RicoRead the Press Release
SAN JUAN, Puerto Rico – On May 10, 2023, a Federal Grand Jury in the District of Puerto Rico returned two separate indictments charging Luis Enrique Rodríguez Sánchez and Pedro Luis Bones Torres with violations of the Clean Water Act and the Rivers and Harbors Act, announced W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico, and Todd Kim, Assistant Attorney General of the Environment and Natural Resources Division of the U.S. Department of Justice. The charges relate to the illegal construction and deposit of material into the wetlands and waters of the United States in the Jobos Bay National Estuarine Research Reserve (the “Jobos Estuarine Reserve”) and Las Mareas community of Salinas, Puerto Rico.
Various federal agencies are involved in this ongoing investigation into environmental crimes in the Jobos Estuarine Reserve and Las Mareas community, including the Environmental Protection Agency Criminal Investigation Division (EPA-CID), Federal Bureau of Investigation (FBI), U.S. Department of the Army Criminal Investigation Division (Army-CID), U.S. Department of Commerce, Office of Inspector General (DOC-OIG), National Oceanic & Atmospheric Administration Office of Law Enforcement (NOAA-OLE), and U.S. Fish and Wildlife Service Office of Law Enforcement (FW‑OLE).
According to the indictments, from approximately January 2020 through October 2022, Luis Enrique Rodríguez Sánchez (Rodríguez Sánchez) and Pedro Luis Bones Torres (Bones Torres) knowingly discharged fill material from excavation and earth moving equipment into the wetlands and waters of the United States in violation of the Clean Water Act. Rodríguez Sánchez and Bones Torres are also charged with building structures within the navigable waters of the United States without authorization of the Secretary of the Army, in violation of the Rivers and Harbors Act.
The Clean Water Act was enacted by Congress in 1972 to protect and maintain the integrity of the waters of the United States. The Clean Water Act’s main purpose is to ensure the restoration and maintenance of the chemical, physical, and biological integrity of the nation’s waters. It prohibits the discharge of any pollutant and fill material into waters of the United States except when a permit is obtained from the United States.
The Rivers and Harbors Act was originally enacted in 1899 and is generally considered the oldest environmental law in the United States. It serves to regulate and protect the navigable waters of the United States and prohibits the un-permitted construction of structures within those waters.
Both the Clean Water Act and the Rivers and Harbors Act protect the coastal waters within the JBNERR.
The Jobos Estuarine Reserve was designated as a National Estuarine Research Reserve by the National Oceanic and Atmospheric Administration (NOAA) in 1981 and is comprised of approximately 2,800 acres of coastal ecosystems in the Southern coastal plain of Puerto Rico. The Jobos Estuarine Reserve contains mangrove islands, mangrove forests, tidal wetlands, coral reefs, lagoons, salt flats, dry forest, and seagrass beds. It is also home to the endangered brown pelican, peregrine falcon, hawksbill turtle, and West Indian manatee. The Jobos Estuarine Reserve is owned and operated by the Puerto Rico Department of Natural and Environmental Resources (PR‑DNER).
Both Rodríguez Sánchez and Bones Torres were arrested and are scheduled to appear today before Magistrate Judge Marshal D. Morgan of the U.S. District Court for the District of Puerto Rico for their respective initial appearances. If convicted, the defendants are facing up to a total of four years of imprisonment, fines, and injunctive relief to remove violative structures.
“These cases demonstrate our commitment to protecting wetland ecosystems, which have many public and environmental benefits,” said Todd Kim, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. “Coastal wetlands protect communities from storm surges and hurricanes, protect vulnerable species from exploitation, stabilize estuaries, and provide natural water filtration that improves water quality.”
“The U.S. Attorney’s Office is committed to enforcing federal environmental protection laws and to holding violators responsible for the harm caused. These laws protect the animals, resources, and habitats within Puerto Rico, the Jobos Bay National Estuarine Research Reserve, and the Las Mareas community. The unpermitted construction, pollution, and fill within these protected waters of the United States also poses flooding and hurricane mitigation concerns for surrounding communities. As such, they are a priority for federal environmental enforcement efforts,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.
“The coastal wetlands of Puerto Rico are an important resource, providing habitat for numerous endangered species and serving as a natural buffer from the effects of hurricanes and flooding, events which are only increasing with climate change,” said Special Agent in Charge Tyler Amon for the U.S. EPA Criminal Investigation Division. “Coastal habitats in Puerto Rico have been habitually exploited and abused by developers and illegal tenants, but today’s indictments show that EPA and our federal law enforcement partners are actively working to stop these illegal activities and to protect these areas for future generations.”
“The preservation and protection of the world which we all share is both our collective and individual responsibility. What you see today is the result of that collective responsibility taken to heart by those of us who are called to serve and protect,” said Joseph González, Special Agent in Charge of the FBI San Juan Field Office. “Our commitment in the FBI is to investigate and curtail threats to our public safety and national security to the fullest extent, and we are fully engaged with our local and federal partners to make that happen. Wherever violations of federal law may take place, expect to see the FBI working hand in hand with our partners. The message should be clear, environmental protection laws will be enforced and violators should expect consequences.”
“Today’s actions send a clear signal that the Department of Commerce, Office of Inspector General (DOC-OIG) is dedicated to investigating potential fraud, waste and abuse in projects receiving funding from the NOAA. DOC-OIG greatly appreciates the cooperative efforts of our prosecutorial and law enforcement partners as we seek to enforce laws protecting the environment and natural beauty of Puerto Rico,” said Jeffrey Lysaght, Special Agent in Charge, U.S Department of Commerce, Office of Inspector General.
U.S. Fish and Wildlife Service Office of Law Enforcement Southeast Special Agent in Charge Stephen Clark stated, “We continue to work with our partners in the protection of fragile ecosystems that serve as home for native wildlife species and will continue to bring to justice those who seek to exploit these resources with complete disregard of the consequences it brings to the people and natural resources of Puerto Rico.”
“We are dedicated to enforcing the laws that conserve and protect our nation’s marine resources and their natural habitat,” said Manny Antonaras, Assistant Director of NOAA’s Office of Law Enforcement, Southeast Division. “This case highlights the importance of our ongoing collaborations with law enforcement partners working together to hold those who break the rules accountable.”
“We are very pleased with today’s announcement,” said Special Agent in Charge L. Scott Moreland, from the Department of the Army Criminal Investigation Division’s Major Procurement Fraud Field Office. “This is a true testament to our continued commitment to work closely with our fellow law enforcement agencies to investigative violations of Federal law.”
The case is being prosecuted by Senior Trial Attorney Patrick M. Duggan of the Environmental Crimes Section of the U.S. Department of Justice and Assistant U.S. Attorney Seth A. Erbe, Environmental Litigation Coordinator for the U.S. Attorney’s Office for the District of Puerto Rico.
These indictments are part of an ongoing investigation. If you have any information related to this investigation or environmental crimes in the area, please contact enforcement officials, which may be done anonymously. The EPA can be contacted at (787) 977-5821 or at https://echo.epa.gov/denuncie-violaciones-ambientales. The FBI can be contacted at (787) 987-6500 or https://tips.fbi.gov/.
For more information on the Jobos Bay National Estuarine Reserve, please visit https://www.drna.pr.gov/jbnerr/ or https://coast.noaa.gov/nerrs/reserves/jobos-bay.html.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Two Men Indicted for Environmental Crimes Committed in the Jobos Bay National Estuarine Research Reserve and Las Mareas Community of Salinas, Puerto RicoRead the Press Release
Today, in the District of Puerto Rico, a federal grand jury returned two separate indictments charging Luis Enrique Rodriguez Sanchez and Pedro Luis Bones Torres with violations of the Clean Water Act and the Rivers and Harbors Act related to the illegal construction and deposit of material into the wetlands and waters of the United States in the area of the Jobos Bay National Estuarine Research Reserve (JBNERR) and Las Mareas community of Salinas, Puerto Rico.
According to the indictments, from approximately January 2020 through October 2022, Luis Enrique Rodriguez Sanchez (Rodriguez Sanchez) and Pedro Luis Bones Torres (Bones Torres) knowingly discharged fill material from excavation and earth moving equipment into the wetlands and waters of the United States in violation of the Clean Water Act. Further, both Rodriguez Sanchez and Bones Torres are charged with building structures within the navigable waters of the United States without authorization of the Secretary of the Army, in violation of the Rivers and Harbors Act. These activities occurred in the coastal waters and wetlands of the Las Mareas community and JBNERR in Salinas, Puerto Rico.
“These cases demonstrate our commitment to protecting wetland ecosystems, which have many public and environmental benefits,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Coastal wetlands protect communities from storm surges and hurricanes, protect vulnerable species from exploitation, stabilize estuaries and provide natural water filtration that improves water quality.”
“The U.S. Attorney’s Office is committed to enforcing federal environmental protection laws and to holding violators responsible for the harm that they cause,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico. “These laws play an important role in protecting the animals, resources, and habitats within Puerto Rico, the Las Mareas community, and the Jobos Bay National Estuarine Research Reserve. The unpermitted construction, pollution, and fill within the protected waters of the United States also poses flooding and hurricane mitigation concerns for surrounding communities. As such, they are a priority for federal environmental enforcement efforts.”
“Today’s actions send a clear signal that the Department of Commerce Office of Inspector General (DOC-OIG) is dedicated to investigating potential fraud, waste and abuse in projects receiving funding from the National Oceanic and Atmospheric Administration (NOAA),” said Special Agent in Charge Jeffrey Lysaght of the DOC-OIG. “DOC-OIG greatly appreciates the cooperative efforts of our prosecutorial and law enforcement partners as we seek to enforce laws protecting the environment and natural beauty of Puerto Rico.”
The Clean Water Act was enacted by Congress in 1972 to protect and maintain the integrity of the waters of the United States. The Clean Water Act’s main purpose is to ensure the restoration and maintenance of the chemical, physical and biological integrity of the nation’s waters. It prohibits the discharge of any pollutant and fill material into waters of the United States except when a permit is obtained from the United States.
The Rivers and Harbors Act was originally enacted in 1899 and is generally considered the oldest environmental law in the United States. It serves to regulate and protect the navigable waters of the United States and prohibits the un-permitted construction of structures within those waters. Both the Clean Water Act and the Rivers and Harbors Act protect the coastal waters within the JBNERR.
The JBNERR was designated as a National Estuarine Research Reserve by the NOAA in 1981 and is comprised of approximately 2,800 acres of coastal ecosystems in the Southern coastal plain of Puerto Rico. The JBNERR contains mangrove islands, mangrove forests, tidal wetlands, coral reefs, lagoons, salt flats, dry forest and seagrass beds. It is also home to the endangered brown pelican, peregrine falcon, hawksbill turtle and West Indian manatee. The JBNERR is owned and operated by the Puerto Rico Department of Natural and Environmental Resources (PR-DNER).
Both Rodriguez Sanchez and Bones Torres were arrested and are scheduled to appear today before Magistrate Judge Bruce J. McGiverin of the U.S. District Court for the District of Puerto Rico for their respective initial appearances. If convicted, the defendants face up to four years in prison, as well as fines and injunctive relief to remove violative structures.
Various federal agencies are involved in this ongoing investigation related to environmental crimes in the JBNERR and Las Mareas community, including the Environmental Protection Agency Criminal Investigation Division (EPA-CID), FBI, U.S. Department of the Army Criminal Investigation Division (Army-CID), DOC-OIG, NOAA’s Office of Law Enforcement (NOAA-OLE), and U.S. Fish and Wildlife Service Office of Law Enforcement (FW-OLE).
The case is being prosecuted by Senior Trial Attorney Patrick M. Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Seth A. Erbe, Environmental Litigation Coordinator for the District of Puerto Rico.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Two Arrested for Armed Robberies of Postal WorkersRead the Press Release
BOSTON – Two Massachusetts individuals have been arrested and charged in connection with the armed robberies of United States Postal Service (USPS) letter carriers that took place on Nov. 29, 2022 in Mattapan, Mass., and Dec. 16, 2022 in Hyde Park, Mass.
Myesha Lewis, 22, of Boston, and Kenneth Demosthene, 22, of Stoughton, were charged with two counts each of robbery of any person having lawful charge, control, or custody of any mail matter or of any money or other property of the United States, aiding and abetting; two counts each of assaulting, resisting, or impeding certain officers or employees, aiding and abetting. Following an initial appearance today in federal court in Boston, the defendants were released on special conditions.
According to the charging documents, USPS has seen a rise in the use of arrow keys to facilitate the theft of U.S. Mail. An arrow key is a specific key designed to open designated blue USPS collection boxes in a specific area. These arrow keys are the property of USPS and it is a federal offense for an unauthorized person to possess one. Since July 2022, there have been at least 13 assaults on USPS letter carriers while in the performance of their official duties in Boston and surrounding cities and towns. These incidents included the attempted or successful robbery of USPS arrow keys from letter carriers in at least 10 instances. Additionally, of these 10, six of the robberies were instances where the perpetrators were reportedly armed with a knife, firearm, or both.
On Nov. 29, 2022, in Mattapan, it is alleged that Demosthene and Lewis followed and then forcibly robbed a USPS letter carrier of an arrow key. Demosthene allegedly approached the letter carrier and said, “I’m going to need your master key,” before reaching into the letter carrier’s mail satchel and grabbing the arrow key. The key was secured around the letter carrier’s belt with a brass chain. It is alleged that the force used to physically break the brass chain caused the letter carrier to be pulled off the front steps. Demosthene and Lewis allegedly fled the scene in a rental vehicle.
It is further alleged that, on Dec. 16, 2022 in Hyde Park, Demosthene and Lewis followed and then robbed another USPS letter carrier of an arrow key at knife point. Demosthene allegedly approached the USPS letter carrier and said, “Give me your f****** arrow key.” It is alleged that the letter carrier put their hands in the air as the defendants attempted to remove the arrow key, at first by force pulling at the chain. Demosthene and Lewis then allegedly attempted to cut it with the knife, eventually breaking it loose, and fled the scene on foot.
The charges of robbery of any person having lawful charge, control, or custody of any mail matter or of any money or other property of the United States each provide for a sentence of up to 25 years in prison, at least three years of supervised release and a fine of up to $250,000. The charges of assaulting, resisting, or impeding certain officers or employees each provide for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins and Darnell Edwards, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division made the announcement today. Valuable assistance was provided by the U.S. Postal Service, Office of the Inspector General. Assistant U.S. Attorney Luke A. Goldworm of Rollins’ Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Thirty-Month Sentence for EscapeeRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Glynn Ford, 35, Jackson, Mississippi, was sentenced today by U.S. District Judge William M. Conley to 30 months in federal prison for escaping from a federal correctional institution, specifically, FCI-Oxford located in Oxford, Wisconsin. Ford pleaded guilty to this offense on January 26, 2023.
On March 26, 2019, Ford was sentenced to 120 months in federal prison after being convicted of bank fraud and aggravated identity theft in the Northern District of Illinois. Ford was in custody at FCI-Oxford’s Satellite Camp and on April 23, 2022, was missing during a regular count of inmates. Ford was arrested in Chula Vista, California on October 12, 2022, in connection with a retail theft offense. Ford will serve the 30-month sentence consecutively to the remainder of his previous federal sentence.
The charge against Ford was the result of an investigation by the U.S. Marshals Service, with the assistance of local authorities in California. Assistant U.S. Attorney Elizabeth Altman prosecuted this case.
Texas Man Who Sexually Abused a Minor and Attempted to Influence the Victim’s Testimony at Trial Pleads Guilty in Federal CourtRead the Press Release
A Brownsville, Texas man who coerced a minor to engage in live stream sessions featuring sexually explicit conduct, and retained digital images from the sessions, pled guilty on May 10, 2023, in federal court in Sioux City. Isaac Herrera, age 22, from Brownsville, Texas was convicted of sexual exploitation of a minor.
In a plea agreement, and at the plea hearing, Herrera admitted that he sexually abused a minor child who was between the ages of 12 and 16 at the time, and possessed child pornography depictions of the victim and other minors on his phone. Herrera further admitted to contacting the victim in order to influence his testimony at trial, while Herrera was in jail pending trial in this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Herrera remains in custody of the United States Marshal pending sentencing. Herrera faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 30 years’ imprisonment, a $250,000 fine, and 5 years up to life of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Ron Timmons and was investigated by the Federal Bureau of Investigations and the Sioux City Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4060.
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Tennessee Man Sentenced to 600 Months for Child Production OffensesRead the Press Release
GREENEVILLE, Tenn. – On May 11, 2023, Cameron Ty Bolyard, 35, of Greeneville, Tennessee, was sentenced to 600 months in federal prison, by the Honorable Clifton L. Corker, in the United States District Court for the Eastern District of Tennessee at Greeneville.
As part of the plea agreement filed with the court, Bolyard pleaded guilty pursuant to a Federal Rule 11(c)(1)(C) plea agreement to counts one and two of an indictment charging him with use of a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct in violation of 18 U.S.C. § 2251 (a) and (e) and being a parent of a minor, knowingly permitted such minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct in violation of 18 U.S.C. § 2251 (b) and (e). Upon his release from prison, Bolyard will be on supervised release for 10 years. Bolyard will be required to register with state sex offender registries and comply with special sex offender conditions during his supervised release.
According to the written plea agreement filed with the court, investigators received multiple CyberTips from the National Center for Missing and Exploited Children where Bolyard uploaded multiple images and videos to his Google Account of child pornography. Multiple images and videos were created by Bolyard where he recorded a minor victim engaged in sexually explicit conduct with Bolyard. Additionally, Bolyard uploaded over a hundred videos and images of child sexual abuse material, unrelated to the minor victim, to his account.
“This 50-year prison sentence sends a clear message that preying upon and sexually victimizing the most innocent and vulnerable victims, our children, will not be tolerated,” said U.S. Attorney Francis M. Hamilton III for the Eastern District of Tennessee. “We are grateful for the work of the Homeland Security Investigations- Johnson City Office and the Knoxville Police Department’s Internet Crimes against Children Group.”
“This significant sentence is a testament to the outstanding collaboration among HSI and our law enforcement partners, including the Knoxville Police Department, the Internet Crimes Against Children, and the U.S. Attorney’s Office. This investigation into Mr. Bolyard’s criminally abhorrent conduct is a prime example of our commitment to protect the most innocent and vulnerable population from exploitation by predators. No child should ever fall prey to victimization or endure its trauma,” stated HSI Nashville Special Agent in Charge Rana Saoud.
“Our Internet Crimes Against Children Task Force is relentless in its mission to protect innocent kids and expose those who prey on children,” Knoxville Chief of Police Paul Noel said. “This sentence is a reflection of great collaboration with our state and federal partners, and the hard work and dedication of our ICAC investigators and digital forensics analysts. I am grateful to those who are willing to do the unimaginable investigative work necessary to hold these predators accountable for their actions.”
The criminal indictment was the result of an investigation by Homeland Security Investigations- Johnson City Office and Knoxville Police Department’s Internet Crimes against Children Group. This investigation was led by TFO HSI John Williams.
Assistant United States Attorneys Meghan L. Gomez 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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Tennessee Man Sentenced to 600 Months for Child Production OffensesRead the Press Release
GREENEVILLE, Tenn. – On May 11, 2023, Cameron Ty Bolyard, 35, of Greeneville, Tennessee, was sentenced to 600 months in federal prison, by the Honorable Clifton L. Corker, in the United States District Court for the Eastern District of Tennessee at Greeneville.
As part of the plea agreement filed with the court, Bolyard pleaded guilty guilty pursuant to Federal Rule 11(c)(1)(C) plea agreement to counts one and two of an indictment charging him with use of a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct in violation of 18 U.S.C. § 2251 (a) and (e) and being a parent of a minor, knowingly permitted such minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct in violation of 18 U.S.C. § 2251 (b) and (e).
According to the written plea agreement filed with the court, investigators received multiple CyberTips from the National Center for Missing and Exploited Children where Bolyard uploaded multiple images and videos to his Google Account of child pornography. Multiple images and videos were created by Bolyard where he recorded a minor victim engaged in sexually explicit conduct with Bolyard. Additionally, Bolyard uploaded over a hundred videos and images of child sexual abuse material, unrelated to the minor victim, to his account.
“Victimization of children is particularly heinous when sexual predators knowingly exploit the most innocent and vulnerable.” “Our office remains relentless in the pursuit to ensure the safety of our children.” “Anyone who suspects a child is being victimized is urged to contact their local law enforcement agency or child protective services,” said United States Attorney Francis M. Hamilton III.
“This significant sentence is a testament to the outstanding collaboration among HSI and our law enforcement partners, including the Knoxville Police Department, the Internet Crimes Against Children, and the U.S. Attorney’s Office. This investigation into Mr. Bolyard’s criminally abhorrent conduct is a prime example of our commitment to protect the most innocent and vulnerable population from exploitation by predators. No child should ever fall prey to victimization or endure its trauma,” stated HSI Nashville Special Agent in Charge Rana Saoud.
The criminal indictment was the result of an investigation by Homeland Security Investigations- Johnson City Office and Knoxville Police Department’s Internet Crimes against Children Group. This investigation was led by TFO HSI John Williams.
Assistant United States Attorneys Meghan L. Gomez 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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Statement from U.S. Attorney Jason M. FriersonRead the Press Release
LAS VEGAS – The United States Attorney’s Office for the District of Nevada today issued the following statement from United States Attorney Jason M. Frierson:
“On this day one year ago, I had the honor of taking an oath to serve as the United States Attorney for the District of Nevada.
“Over the past 12 months, the dedicated, talented Assistant United States Attorneys and professional staff have worked diligently with our law enforcement partners to support and advance the Justice Department’s mission of upholding the rule of law, keeping our communities safe, and protecting civil rights.
“I have traveled throughout the Silver State to meet with and talk to law enforcement, community groups, victim service providers, and Tribal Governments to strengthen our partnerships.
“As we move forward in 2023, the District of Nevada is building on these partnerships and following our strategic plan to prevent and reduce violent and gun crimes; combat human trafficking and child sex trafficking; fight the opioid and fentanyl crisis; protect Nevada’s environmental resources; seek justice for victims; defend the United States in civil matters; and keep our neighborhoods safe for all to live and work. Additionally, the District of Nevada continues to provide trainings to law enforcement and engage in community outreach opportunities at schools, community centers, and events.
“Last but certainly not least, I want to extend my gratitude to each Assistant United States Attorney and professional staff in our Las Vegas and Reno offices; to all levels of state, local, federal, and Tribal law enforcement; to Tribal Governments; and to the various community and victim advocate groups for working in the joint pursuit of Justice for all. I look forward to seeing what we can accomplish together for Nevada.”
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Springfield, Illinois, Man Sentenced to 96 months in Prison for Distributing MethamphetamineRead the Press Release
SPRINGFIELD, Ill. – A Springfield, Illinois, man, Christopher Rudolph, 35, was sentenced on May 8, 2023, by U.S. District Judge Colleen R. Lawless to 96 months in prison, to be followed by four years of supervised release, for distributing 5 grams or more of actual methamphetamine.
The statutory penalties for distributing 5 grams or more of methamphetamine (actual) are not less than 5 years and up to 40 years in prison, not more than a $5,000,000 fine, and not less than four years of supervised release.
The Federal Bureau of Investigation, Springfield Field Office, and Illinois State Police investigated the case. Assistant U.S. Attorney Matthew Z. Weir represented the government in the prosecution.
The case against Rudolph 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.
Springfield Woman Sentenced for Reselling Stolen Goods and Money LaunderingRead the Press Release
BOSTON – A Springfield woman was sentenced today in federal court in Springfield for reselling stolen goods on eBay and money laundering.
Mimi Mai, 50, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 18 months in prison and two years of supervised release. Mai was also ordered to pay $3,472 in restitution and to forfeit $1.5 million to the United States. On Dec. 20, 2022, Mai pleaded guilty to one count of interstate transportation of stolen goods, four counts of money laundering, and two counts of engaging in monetary transactions in property derived from specified unlawful activity.
Mai owned and operated a pawn shop in Holyoke, Mass., called EZ Exchange. Mai purchased stolen goods from people she knew had stolen the items and resold them on eBay at a price well above what she had paid the sellers. The stolen goods included a variety of household goods, including power tools, electronic devices, sunglasses, and beauty and personal care products. Between 2018 and 2021, Mai earned more than $2.1 million from the sale of items she had listed for sale as “new” on eBay. Mai then used her eBay earnings to buy property in Florida.
United States Attorney Rachael S. Rollins; Joleen D. Simpson, Special Agent in Charge of Internal Revenue Service’s Criminal Investigations in Boston; and Holyoke Police Chief David Pratt made the announcement today. Assistance was provided by the Springfield Police Department, New England State Police Information Network and investigators from Home Depot, CVS, Target and Stop & Shop. Assistant U.S. Attorney Catherine G. Curley of Rollins’ Springfield Branch Office prosecuted the case.
South Georgia Resident Pleads Guilty to Illegally Possessing FirearmsRead the Press Release
ALBANY, Ga. – A Bainbridge, Georgia, resident with a criminal history pleaded guilty to illegally possessing multiple firearms after he was arrested on gun charges during an on-going death investigation.
Derius Raoule Green, 32, of Bainbridge, Georgia, pleaded guilty to illegal possession of a firearm by a convicted felon today before U.S. District Judge Leslie A. Gardner. Green faces a maximum of ten years in prison to be followed by three years of supervised release and a maximum $250,000 fine. Sentencing is expected to occur within 90 days. There is no parole in the federal system.
“The safety of our citizens is at risk when violent, repeat offenders pick up a gun,” said U.S. Attorney Peter D. Leary. “In collaboration with our law enforcement partners, we will continue to use every resource available to make our communities more secure."
“Convicted felons cannot possess guns and will face serious consequences for having them,” said Special Agent in Charge Beau Kolodka. “Today’s guilty plea ensures that Derius Green is removed from the community for a long time, where he will not be able to harm others.”
According to court documents, Decatur County Sheriff’s Office (DCSO) deputies found a deceased male with two gunshot wounds on Aug. 30. 2021, and that the victim may have been in a recent feud with Green. Green was wanted on three outstanding warrants. Deputies executed a search warrant at Green’s Bainbridge property, finding a shotgun, a .22 caliber rifle and ammunition. On Sept. 2, 2021, Green was located and taken into custody in Port Saint Joe, Florida. Green told officers that the gun-shot victim owed him money for an AR-15 rifle. Green is not facing criminal charges in that local investigation.
Green has prior felony convictions to include interference with government property and reckless conduct and possession of a controlled substance with intent to distribute in Decatur County, Georgia, Superior Court. It is illegal for a convicted felon to possess a firearm.
The case was investigated by the Decatur County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Assistant U.S. Attorney Matthew Redavid is prosecuting the case for the government.
South Florida Resident Pleads Guilty to Threatening Election WorkersRead the Press Release
MIAMI – Yesterday, Joshua David Lubitz, 38, of Sunrise, Florida, pleaded guilty in federal district court to threatening election workers during a federal primary election held in August 2022.
According to court documents and statements made in court, on August 17, 2022, Lubitz entered a polling station located within the Sunrise Senior Center. While inside, Lubitz was heard counting election workers and saying, “should I kill them one by one or should I blow the place up.” He was also heard saying, “my dad would love this. It would be easy” and “this would be nice and sweet.” Lubitz left the center, walked to the parking lot, and entered his car. As he drove past the polling site entrance, Lubitz extended his arm toward two poll workers and made a threatening gesture toward them with his hand.
Lubitz is scheduled for sentencing on July 25, before U.S. District Judge Rodolfo A. Ruiz. He faces up to five years in prison.
U.S Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, made the announcement.
FBI Miami investigated this case. Assistant United States Attorneys Harry C. Wallace and Jeremy Thompson are prosecuting it.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 22-cr-60205.
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Siskiyou County Woman Indicted for Possession of Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment today against Shasta Lea Schnittker, 41, of Montague, charging her with possessing visual depictions of a minor engaged in sexually explicit conduct, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Feb. 22, 2022, law enforcement officers searched the home where Schnittker lived with her boyfriend during an investigation into her boyfriend. The boyfriend was arrested on state charges for lewd and lascivious acts with a child under 14 years of age. A forensic review of the digital devices, computers, and electronic storage media seized during the search revealed Schnittker and her boyfriend had met online and discussed child sexual abuse material. Schnittker was found to have numerous videos and images depicting child sexual abuse material saved on her laptop.
This case is the product of an investigation by the Federal Bureau of Investigation, the Siskiyou County Sheriff’s Office, and the Siskiyou County District Attorney’s Office. Assistant U.S. Attorney Emily G. Sauvageau is prosecuting the case.
If convicted, Schnittker faces a maximum statutory penalty of 20 years in prison, a $250,000 fine, and restitution to the victims of the offense. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Silk Road Drug Vendor Who Claimed to Commit Murders-For-Hire for Silk Road Founder Ross Ulbricht Charged with Narcotics and Money Laundering ConspiraciesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Thomas M. Fattorusso, the Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced the unsealing today of an Indictment charging JAMES ELLINGSON, a/k/a “redandwhite,” with narcotics trafficking and money laundering offenses in connection with his sale of large quantities of narcotics on the “Silk Road” online marketplace. In connection with his drug trafficking on Silk Road, ELLINGSON claimed to have arranged for the murder of five people for Silk Road founder Ross Ulbricht, a/k/a “Dread Pirate Roberts,” for which he was paid hundreds of thousands of dollars in Bitcoin. Law enforcement does not possess any evidence that the purported murders actually took place. ELLINGSON was previously arrested in Canada. The case is assigned to U.S. District Judge Jennifer L. Rochon.
U.S. Attorney Damian Williams said: “As alleged, Ellingson used the Dark Web to ship dangerous drugs around the world, including to New York City. He discussed with Silk Road’s founder a plot to kill five people and received hundreds of thousands of dollars in Bitcoin in exchange. Others who would try to hide in the shadows of the Internet should know that federal law enforcement will continue to uncover crime, wherever and however committed.”
IRS-CI Special Agent in Charge Thomas M. Fattorusso said: “Ellingson’s alleged criminal actions are far more egregious than just money laundering or the large quantities of narcotics trafficked through the ‘Silk Road’ online marketplace. He also claimed to have acted as the middleman between the Silk Road founder and murderers-for-hire. Now, Ellingson will face the consequences of his actions.”
According to the allegations in the Indictment:[1]
ELLINGSON is a Canadian citizen who lived in the vicinity of Vancouver, Canada. From 2011 to 2013, ELLINGSON sold large quantities of narcotics through the Silk Road online marketplace under the usernames “MarijuanaIsMyMuse” and “Lucydrop.” Through his Silk Road usernames, ELLINGSON sold more than four kilograms of methamphetamine, more than 100 grams of heroin, more than two kilograms of cocaine, more than six grams of LSD, approximately seven kilograms of the drug commonly known as “ecstasy” or “MDMA,” and more than 19 kilograms of marijuana, among other narcotics, to Silk Road customers in exchange for Bitcoin, including to customers in New York City.
In March 2013, ELLINGSON, using the Silk Road username “redandwhite,” contacted Ulbricht, Silk Road’s founder, regarding a purported Silk Road user who had threatened to release personal identifying information of Silk Road drug vendors and customers. In these messages, Ellingson claimed to have control over most drug trafficking in Western Canada.
In one message, Ulbricht informed ELLINGSON that “[the murder target] is a liability and I wouldn't mind if he was executed.” In another message, Ulbricht stated: “[the murder target] is causing me problems . . . I would like to put a bounty on his head if it’s not too much trouble for you. What would be an adequate amount to motivate you to find him?” ELLINGSON responded, “[the p]rice for clean is 300k+ USD,” and the “[p]rice for non-clean is 150-200k USD depending on how you want it done.” ELLINGSON further explained, in part, that “[t]hese prices pay for 2 professional hitters including their travel expenses and work they put in.”
Ulbricht later sent ELLINGSON $150,000 worth of Bitcoin to pay for the purported murder. ELLINGSON and Ulbricht agreed on a code to be included with a photograph to prove that the murder had been carried out. In April 2013, ELLINGSON and Ulbricht exchanged messages reflecting that ELLINGSON had sent Ulbricht photographic proof of the murder. A thumbnail of a deleted photograph purporting to depict a man lying on a floor in a pool of blood with tape over his mouth was recovered from Ulbricht’s laptop after his arrest. A piece of paper with the agreed-upon code written on it is shown in the photograph next to the head of the purportedly dead individual.
Later in April 2013, ELLINGSON and Ulbricht exchanged additional messages regarding a plot to kill four additional people in Canada. Ulbricht sent ELLINGSON an additional $500,000 worth of Bitcoin for the murders. ELLINGSON claimed to Ulbricht in online messages that the murders had in fact been committed.
Law enforcement does not possess any evidence that the purported murders ELLINGSON claimed to have arranged actually took place.
* * *
ELLINGSON, 47, of Vancouver, British Colombia, Canada, is charged with one count of narcotics trafficking conspiracy and one count of narcotics importation conspiracy, which each carry a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison, and one count of money laundering conspiracy, which carries a maximum sentence of 20 years in prison.
The statutory minimum and maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by a judge.
Mr. Williams praised the outstanding investigative work of IRS-CI’s New York Field Office and thanked the U.S. Department of Justice’s Office of International Affairs for their assistance in the extradition proceedings.
This case is being handled by the Office’s Complex Frauds & Cybercrime Unit. Assistant U.S. Attorneys Sagar Ravi and Drew Skinner are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Savage Life Boys Gang Member Sentenced to Federal Prison for Drug and Firearm ChargesRead the Press Release
DAVENPORT, IA – A Davenport man was sentenced on Tuesday, May 9, 2023, to 130 months in federal prison for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.
According to court documents, law enforcement officers arrested Darion Lemont Thomas, 22, at a local hospital in September 2021 on outstanding state arrest warrants. At the time of his arrest, Thomas, a Savage Life Boys gang member, possessed a loaded, stolen firearm in his waistband and 66 ecstasy pills and marijuana in a backpack. Thomas knew he was prohibited from possessing firearms due to his status as a felon.
Thomas’s cell phone and social media records revealed evidence of drug trafficking, including Thomas’s use of a minor to distribute drugs. The cell phone and social media records also uncovered photos and videos of Thomas illegally possessing firearms.
Following his prison term, Thomas must also serve four years of supervised release. There is no parole in the federal system.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Davenport and Bettendorf Police Departments investigated the case.
Santa Barbara County Man Who Deliberately Crashed Airplane for YouTube Video Admits to Obstructing Federal InvestigationRead the Press Release
LOS ANGELES – A YouTuber pilot has agreed to plead guilty to a felony charge for obstructing a federal investigation by deliberately destroying the wreckage of an airplane that he intentionally crashed in Santa Barbara County to gain online views, the Justice Department announced today.
Trevor Daniel Jacob, 29, of Lompoc, agreed to plead guilty to one count of destruction and concealment with the intent to obstruct a federal investigation, a crime that carries a statutory maximum sentence of 20 years in federal prison.
A plea agreement and a one-count information charging Jacob were filed Wednesday in United States District Court in Los Angeles. He is expected to make his initial court appearance in the coming weeks.
According to his plea agreement, Jacob is an experienced pilot and skydiver who had secured a sponsorship from a company that sold various products, including a wallet. Pursuant to the sponsorship deal, Jacob agreed to promote the company’s wallet in a YouTube video that he would post.
On November 24, 2021, Jacob took off in his airplane from Lompoc City Airport on a solo flight purportedly destined for Mammoth Lakes. Jacob did not intend to reach his destination, but instead planned to eject from his aircraft during the flight and video himself parachuting to the ground and his airplane as it descended and crashed, he admitted in the plea agreement
Prior to taking off, Jacob mounted several video cameras on different parts of the airplane and equipped himself with a parachute, video camera and selfie stick. Approximately 35 minutes after taking off, while flying above the Los Padres National Forest near Santa Maria, Jacob ejected from the airplane and videoed himself parachuting to the ground.
Using the video camera mounted on the selfie stick and the video cameras he mounted on the airplane, Jacob was able to record the airplane as it descended and crashed into a dry brush area in Los Padres National Forest. After parachuting to the ground, Jacob hiked to the location of the wreck and recovered the data containing the video recording of his flight and the crash of the airplane, the plea agreement states.
On November 26, 2021, Jacob informed the National Transportation Safety Board (NTSB) about the plane crash. The NTSB, which launched an investigation into the crash on or about that same day, told Jacob that he was responsible for preserving the wreckage so the agency could examine it. Jacob agreed to determine the crash location and provide both the coordinates of the downed plane and videos of the crash to NTSB investigators. Three days later, the Federal Aviation Administration (FAA) launched its own investigation into the plane crash.
In the weeks following the plane crash, Jacob lied to investigators that he did not know the wreckage’s location, according to the plea agreement. In fact, on December 10, 2021, Jacob and a friend flew by helicopter to the wreckage site. There, Jacob used straps to secure the wreckage, which the helicopter lifted and carried to Rancho Sisquoc in Santa Barbara County, where it was loaded onto a trailer attached to Jacob’s pickup truck.
Jacob drove the wreckage to Lompoc City Airport and unloaded it in a hangar. He then cut up and destroyed the airplane wreckage and, over the course of a few days, deposited the detached parts of the wrecked airplane into trash bins at the airport and elsewhere, which he admitted in his plea agreement was done with the intent to obstruct federal authorities from investigating the November 24 plane crash.
On December 23, 2021, Jacob uploaded a YouTube video titled, “I Crashed My Airplane,” that contained a promotion of the wallet and depicting him parachuting from the plane and the aircraft’s subsequent crash. Jacob admitted in his plea agreement that he intended to make money through the video.
Jacob further admitted he lied to federal investigators when he submitted an aircraft accident incident report that falsely indicated that the aircraft experienced a full loss of power approximately 35 minutes after takeoff. Jacob also lied to an FAA aviation safety inspector when he said the airplane’s engine had quit and, because he could not identify any safe landing options, he had parachuted out of the plane.
The FAA revoked Jacob’s pilot license in April 2022.
The United States Department of Transportation – Office of Inspector General investigated this matter. The NTSB and FAA provided substantial assistance.
Assistant United States Attorney Mark A. Williams, Chief of the Environmental and Community Safety Crimes Section, and Assistant United States Attorneys Dennis Mitchell and Dominique Caamano, also of the Environmental and Community Safety Crimes Section, are prosecuting this case.
Rockford Woman Sentenced to Federal Prison for “Straw Purchasing” FirearmsRead the Press Release
ROCKFORD — A Rockford woman has been sentenced to federal prison for "straw purchasing” multiple firearms for a convicted felon whom she knew could not legally purchase the guns.
U.S. District Judge Philip G. Reinhard on Wednesday sentenced FELICYA KNOX, 31, to five months in federal prison and seven months of home confinement.
Knox pleaded guilty last year to federal charges of misrepresenting to federally licensed firearms dealers that she was the actual transferee/buyer of three firearms, when, in fact, she was not the actual transferee/buyer of the firearms. In a written plea agreement, Knox admitted that on multiple dates she knowingly made false and fictitious written statements to the firearms dealers, and later transferred the guns to a known felon whom Knox knew could not legally purchase or possess them.
The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, and Christopher Amon, Acting Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives. The Freeport Police Department and Stephenson County Sheriff’s Department assisted in the investigation. The government was represented by Assistant U.S. Attorney Jessica Maveus.
Disrupting illegal firearms trafficking is the focus of the Department of Justice’s Chicago Firearms Trafficking Strike Force. As part of the strike force, the U.S. Attorney’s Office collaborates with ATF and other federal, state, and local law enforcement partners in the Northern District of Illinois and across the country to help stem the supply of illegally trafficked firearms and identify patterns, leads, and potential suspects in violent gun crimes.
Holding firearm offenders accountable through federal prosecution is also a centerpiece of Project Safe Neighborhoods. 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.
Retired Special Education Teacher Sentenced for Traveling Overseas to Sexually Abuse ChildrenRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Craig Alex Levin, 67, of King of Prussia was sentenced to 35 years in prison and a lifetime of supervised release by United States District Court Judge Harvey Bartle, III for for traveling to the Philippines to engage in sex with children as young as 12 years old.
According to court documents, between 2016 and 2019, Levin was a retired special education teacher who traveled to the Philippines nine times, each time for the purpose of engaging in sex with disadvantaged minors who, by Levin’s own words, were hungry or needed money for medicine for family members. In May 2019, the Philippines National Police arrested Levin as he was about to enter the elevator at his hotel with a 15-year-old girl. Upon search of his hotel room, police located several notebooks containing the names and ages of hundreds of girls, scored on a rating system of 1 to 10 in five categories: Face, Body, Sex, Personality, Age. Only girls under the age of 18 received a top score of 10. There were multiple children as young as 12 listed in the notebooks.
"At the time of Levin's arrest in the Philippines, he was escorting a 15-year-old girl to his hotel room. Levin's sentencing effectively takes a dangerous predator who targeted vulnerable children in a foreign country off the streets indefinitely," said U.S. Attorney Romero. "No matter their role in society or where they prey on children, child sex offenders must be held accountable."
“This predator with a passport traveled halfway around the world, multiple times a year, solely to sexually abuse children,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “He took eager advantage of situations of extreme poverty to gain access to the young girls he victimized, apparently thinking he’d just continue to fly under the radar. This lengthy sentence proves him wrong, and should send a message to anyone else sexually exploiting children: whether you commit your crimes here at home or travel to do so abroad, the FBI will investigate, hold you accountable, and ensure your destination is federal prison.”
This case is 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 Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
The case was investigated by the FBI and Philippine National Police and Women and Children Protection Center - Visayas Field Unit. It is being prosecuted by Assistant United States Attorney Michelle Rotella and Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section.
Raleigh Woman Pleads Guilty to Using Her Real Estate Business to Fraudulently Obtain PPP LoanRead the Press Release
RALEIGH, N.C. – Shakeerah Kaneisha Yvette Vinson, 32, pleaded guilty today to conspiracy to commit wire fraud for fraudulently obtaining a Paycheck Protection Act (“PPP”) COVID-19 loan for her real estate broker business. She faces up to 20 years in prison.
“This defendant, along with her network of co-conspirators, took taxpayer money meant to help struggling small businesses during a global pandemic,” said U.S. Attorney Michael Easley. “We are investigating and prosecuting those who steal from public programs intended to keep legitimate businesses afloat.”
According to the charged criminal information, the defendant conspired with Edward Whitaker, Schunda Coleman, and others to obtain a fraudulent PPP loan on behalf of Vinson’s business. Whitaker and Coleman pled guilty on January 19, 2023 for their role in operating a nation-wide scheme to help people across the country commit millions of dollars of PPP fraud.
According to charging documents and information summarized in court, Whitaker and Coleman created fraudulent supporting documents and applications for the PPP loan which they provided to Vinson in exchange for 25% of the total loan proceeds. The fraudulent application falsified the number of employees and gross wages being paid prior to the COVID pandemic, in order to help qualify for the PPP loan. Following the disbursement of the PPP loans, Whitaker instructed Vinson as to how to make it appear that the PPP loans were being paid out to employees, when in reality the money was transferred back to Vinson. The fraudulent payroll records were then submitted to the Small Business Administration (SBA) to obtain 100% loan forgiveness.
Late last year, Quentin Jackson pled guilty in the same conspiracy which included the recruitment of numerous individuals in the Eastern District of North Carolina to use Whitaker and Coleman to obtain fraudulent PPP funds.
“The Paycheck Protection Program was designed to help small businesses facing financial difficulties during the COVID-19 pandemic,” said Donald “Trey” Eakins, Internal Revenue Service (IRS) Criminal Investigation Special Agent in Charge in the Charlotte Field Office. “Through our partnership with the U.S. Attorney’s Office and our federal law enforcement partners, IRS Criminal Investigation Special Agents will continue to aggressively pursue individuals who try to exploit federal relief programs for their personal gain.”
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was designed to provide emergency financial assistance to the millions of Americans who were economically suffering from the COVID-19 pandemic. The CARES Act and additional appropriations authorized up to $649 billion in forgivable loans to small businesses through the Paycheck Protection Program (PPP). Financial institutions issued the PPP loans, which were guaranteed by the SBA.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina, made the announcement after United States Magistrate Judge Robert T. Numbers II accepted the plea. Sentencing will occur before United States District Judge James C. Dever III later this year. Internal Revenue Service (IRS) Criminal Investigation is leading the investigation, and Assistant U.S. Attorney David G. Beraka is prosecuting the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:23-CR-00027-D.
Raleigh Man Receives More Than 10 years in Federal Prison for Distributing Kilograms of Methamphetamine to Eastern North CarolinaRead the Press Release
WILMINGTON, N.C. – Alphonso Lewis, 47, of Raleigh, was sentenced to 121 months for conspiracy to distribute and possession with intent to distribute 500 grams or more of methamphetamine and possession with intent to distribute 500 grams or more of methamphetamine.
According to court documents, evidence presented in court, and other documents, on April 22, 2022, a Sampson County Sheriff’s deputy conducted a traffic stop on Lewis’s car for a traffic violation on Interstate 40. During the traffic stop, the deputy observed the odor of marijuana and a package that had been mailed from McAllen, Texas to Knightdale, North Carolina. The deputy knew from his training and experience in drug interdiction that McAllen, Texas was a source city for drugs. The deputy also observed the unusual behavior that Lewis continued to grab and eat chicken wings while he was speaking with him. The deputy had probable cause to open the package and found 901 grams of pure methamphetamine and 350 grams of marijuana. During the course of the investigation, it was uncovered that Lewis had distributed more than 5 kilograms of methamphetamine to Eastern North Carolina from 2021 until his federal arrest in August 2022. Law enforcement received information that some of the methamphetamine was being provided by a Blood gang member in Greensboro, North Carolina.
“Our office is proud to support our local law enforcement partners like Sampson County Sheriff’s Office in their battle to eliminate narcotics trafficking in their communities,” said U.S. Attorney Michael Easley. “This prosecution demonstrates our commitment to go after people peddling this poison and should serve as a warning to those considering doing the same.”
“The Sampson County Sheriff’s Office is proud of its partnership with many federal agencies, including the US Attorney Office. Our agency has been proactive in seeking out and apprehending drug criminals. Many such drug peddlers have been located along Interstate 40 in our county. These proactive efforts by our officers and the partnerships with federal agencies are proof that teamwork can help further rid our communities of dangerous drugs and criminals,” said Sampson County Sheriff Jimmy Thornton.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Richard E. Myers II. The Drug Enforcement Administration, Department of Homeland Security, and Sampson and Duplin County Sheriffs’ Offices investigated the case. Assistant U.S. Attorney Timothy Severo prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:22-cr-00051-M-KS-1.
Puerto Rico and USVI Environmental Crimes Task ForceRead the Press Release
SAN JUAN, Puerto Rico – United States Attorney W. Stephen Muldrow for the District of Puerto Rico, United States Attorney Delia Smith for the District of the United States Virgin Islands (USVI), and Chief Deborah Harris of the Department of Justice’s Environmental Crime Section announced, along with multiple federal law enforcement Special Agents in Charge, the formation of a Puerto Rico and USVI Environmental Crimes Task Force (Task Force) to investigate and prosecute violations of federal law harming the environment, wildlife and human health, and associated fraud, waste, and abuse.
Today’s announcement further underscores each agency’s ongoing commitment to environmental justice - a principle that combines civil rights with environmental protection by examining whether all people, regardless of race, color, national origin, or income are receiving fair treatment and meaningful involvement with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
On May 5, 2022, the Attorney General announced actions to enhance and advance the U.S. Department of Justice’s environmental justice (EJ) work. These efforts include the issuance of a Comprehensive Environmental Justice Enforcement Strategy (Strategy), the creation of an Office of Environmental Justice (OEJ) within the Environment and Natural Resources Division (ENRD), and the issuance of both an interim final rule rescinding the Department’s regulations at 28 C.F.R § 50.28 and a policy allowing the Department’s components to enter into settlement agreements that include payments under limited circumstances to non-governmental persons or entities that are not parties to the underlying litigation.
The creation of this Task Force builds upon those efforts by the Justice Department and brings together federal law enforcement agencies in Puerto Rico and the U.S. Virgin Islands. Those federal agencies will continue to work closely with their local counterparts, including the Puerto Rico Department of Natural Resources, the Puerto Rico Department of Justice, the USVI Department of Planning and Natural Resources, and the USVI Attorney General’s Office.
Task Force Law Enforcement Agencies
Army - Criminal Investigation Division
Army Corps of Engineers
Department of Agriculture – Office of Inspector General
Department of Commerce – Office of Inspector General
Department of Homeland Security – Homeland Security Investigations
Department of Transportation – Office of Inspector General
Environmental Protection Agency – Criminal Investigation Division
Environmental Protection Agency – Office of Inspector General
Federal Bureau of Investigation
Food and Drug Administration – Office of Criminal Investigations
Housing and Urban Development – Office of Inspector General
Internal Revenue Service – Criminal Investigation Division
National Oceanic and Atmospheric Administration – Office of Law Enforcement
U.S. Coast Guard – Sector San Juan
U.S. Coast Guard Investigative Service
U.S. Fish and Wildlife Service
“Environmental justice and ensuring that all residents of Puerto Rico enjoy a healthy environment free of hazardous waste and other pollutants is a top priority of the U.S. Attorney’s Office and the Justice Department,” said United States Attorney Muldrow. “This Task Force will combine and leverage resources from many federal agencies to aggressively enforce civil and criminal environmental laws.”
“The United States Attorney’s Office, along with our federal and local partners, is committed to enforcing environmental laws. Our goal is to ensure that all our citizens receive protection from environmental and health hazards and equal access to a healthy environment in which to live, learn, play and work”, United States Attorney Delia L. Smith said.
What Can You Do?
Reporting environmental, public health and safety concerns supports a safe community for all. U.S. Attorney Muldrow and U.S. Smith encourage Puerto Rico and USVI residents to use the following contact information to report violations to federal agencies.
If the violation concerns air quality, health, water, land, waste, chemicals and toxins (e.g. pesticides and lead paint), and/or a cleanup, contact the Environmental Protection Agency at www.epa.gov/report-violation to report violations.
Denuncie violaciones ambientales | US EPA
If the violation concerns fraud, waste and abuse of an EPA program, operation, grant or contract, contact Environmental Protection Agency Office of Inspector General at www.epa.gov/office-inspector-general/forms/epa-oig-hotline-complaint-form
If the violation concerns an oil or chemical spill, contact the National Response Center at 1-800-424-88022.
If the violation concerns a marine environment, contact the Coast Guard at www.p3tips.com/tipform.aspx?ID=878 and/or Sector San Juan Command Center: 787-729-2041.
If the violation concerns federal marine resources, you should contact the www.fisheries.noaa.gov/topic/enforcement or hotline at 1-800-853-1964.
If the violation concerns harm to wildlife (e.g. pesticide misuse), contact the U.S. Fish and Wildlife Service at 1-800-344-9453 or www.fws.gov/wildlife-crime-tips.
If the violation concerns wetlands or navigable waters, contact your local district branch of the U.S. Army Corps of Engineers at https://www.saj.usace.army.mil/Missions/Regulatory/Enforcement/.
If the violation concerns workplace conditions, such as chemicals or noxious fumes, contact the Occupational Safety and Health Administration (OSHA) at 1-800-321-6742 or www.osha.gov/workers/file-complaint.
If the violation concerns housing conditions, contact the Department of Housing & Urban Development – Office of Inspector General (HUD-OIG) at 1-800-347-3735 or www.hudoig.gov/hotline/hotline-form.
If the violation concerns transportation of hazardous materials or a pipeline, contact the Department of Transportation – Office of Inspector General (DOT-OIG) at 1-800-424-9071 or www.oig.dot.gov/fraud-hotline
If the violation concerns medications, food products, devices, biological products, cosmetics, or other products for human consumption, contact the FDA at 1-800-332-0127 (toll-free) or https://www.fda.gov/safety/report-problem-fda.
If the violation concerns fraud, waste, and abuse related to U.S. Department of Commerce (including any entity receiving DOC funds) contact www.oig.doc.gov/Pages/Hotline.aspx
If the violation concerns discriminatory environmental and health impacts, contact DOJ Civil Rights at 1-855-856-1247 or https://civilrights.justice.gov/.
If the violation involves public corruption, contact the Federal Bureau of Investigation at https://tips.fbi.gov/.
For more information, please visit www.justice.gov/oej; www.epa.gov; www.justice.gov/usao/pr
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Plymouth Man Sentenced to Ten Years in Federal Prison for Arson of Apartment BuildingRead the Press Release
United States Attorney Gregory J. Haanstad of the Eastern District of Wisconsin announced that on May 10, 2023, Jonathan T. Lane (age: 32) of Plymouth, Wisconsin, was sentenced to 10 years in federal prison for arson to a building.
According to court filings, Lane admitted that on November 9, 2017, he started a fire in a small, two-story apartment building in Plymouth, Wisconsin. A mother of three children died in that fire, and a firefighter was injured attempting to extinguish the fire. The apartment building was destroyed by the fire and neighboring apartment buildings sustained fire related damage. Arson investigators ultimately determined that the fire was intentionally set and that Lane, who lived in one of the apartments, was the last individual around the fire origin minutes before the discovery of the smoke and fire.
At sentencing, United States District Judge Lynn Adelman noted the serious nature of the offense, the need for just punishment, and the need for protection of the public. Following his release from prison, Lane will spend three years on supervised release. He will also be ordered to pay restitution in an amount yet to be determined, but which could exceed $400,000.
“The arson of an occupied building endangers the safety of others and can easily result in the injury or death of an innocent occupant or firefighter,” said United States Attorney Haanstad. “The sentence in this case, which was the direct result of hard work by federal, state, and local law enforcement and their fellow first responders, makes clear that those responsible for such acts will receive substantial prison terms.”
“This tragic case is an example of how ATF and fire science technology, combined with our investigative skills and partnership with local law enforcement will solve arsons,” said ATF Special Agent in Charge Christopher Amon of the Chicago Field Division. “We appreciate the commitment of the United States Attorney’s Office in dedicating their prosecutorial expertise to this important case.”
“Arson is an extremely dangerous crime that can lead to tragedy, as it did in this terrible case,” said Wisconsin Attorney General Josh Kaul. “Thank you to Wisconsin Department of Justice’s State Fire Marshal’s Office, whose agents are highly skilled in arson investigations and work with local, state, and federal agencies to obtain justice.”
The investigation was led by the following law enforcement groups: Wisconsin Department of Justice, Division of Criminal Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Plymouth Police Department. Numerous fire and rescue departments from the surrounding areas responded to assist putting out the fire.
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Passenger who discharged firearm at airport during Thanksgiving holiday travel season sentenced to federal prisonRead the Press Release
ATLANTA - Kenny Wells has been sentenced to ten years in prison for possessing a firearm after having been previously convicted of multiple felony offenses. Wells made headlines when he recklessly discharged a firearm at Hartsfield–Jackson Atlanta International Airport on the busy weekend before Thanksgiving in 2021. Wells created enormous panic throughout the airport and forced a lockdown of the airport and surrounding area for over two hours after he discharged a firearm detected inside a bag he had carried into an airport security screening area.
“Wells is a multi-convicted felon who should not have been in possession of a firearm,” said U.S. Attorney Ryan K. Buchanan. “His behavior, particularly occurring at the world’s busiest airport, was especially dangerous. Fortunately, no one was injured when Wells discharged his firearm. He has now been held accountable for the consequences of his conduct.”
“Kenny Wells is a very violent individual who displays a total lack of concern for the lives of others. This sentence represents the seriousness of his crime,” said ATF Special Agent in Charge Alicia Jones. “This sentence also ensures that Wells will not be able to hurt or terrorize anyone else for a very long time.”
“The Atlanta Police Department (APD) is committed to the safety of travelers and employees at Hartsfield–Jackson Atlanta International Airport. The egregious actions of Kenny Wells, a convicted felon, are disturbing. He endangered the lives of multiple innocent travelers and airport personnel,” said Atlanta Police Chief Darin Schierbaum. “The conviction of Kenny Wells proves the effectiveness of our law enforcement partnerships, the dedication of the members of the various agencies that protect the world’s busiest airport, and our commitment to bringing criminals and repeat offenders to justice.”
According to U.S. Attorney Buchanan, the charges and other information presented in court: On November 20, 2021, Wells traveled to Hartsfield–Jackson Atlanta International Airport for a flight to New Orleans, Louisiana. This was the Saturday before Thanksgiving, so the airport was filled with passengers and traffic in the area was particularly high.
At approximately 1:30 p.m., Wells joined a security line to be screened by Transportation Security Administration (TSA) officers. A TSA officer noticed something unusual inside a bag that Wells carried as the item went through an X-ray portal. The officer then moved the bag to a separate area for a closer inspection as Wells stood watching nearby. As the officer lifted a top layer of clothing inside the bag, Wells lunged forward and reached for a firearm concealed in the bag. Wells discharged the firearm as he grabbed the weapon and fled the area. People immediately panicked, with those nearby falling to the floor to protect themselves. Law enforcement officers responded by issuing an alert of a possible active shooter at the airport. Passengers in the domestic terminal area stampeded out of the airport, while passengers beyond the check-in kiosks were rushed to the concourse tunnels for protection.
The airport and surrounding area were placed in lockdown for more than two hours. This public safety precaution prevented passengers from boarding flights and pilots from allowing passengers to deplane from aircraft parked on the runways.
During the confusion, Wells escaped from the airport by blending in with the fleeing crowds. Surveillance cameras captured him at a nearby parking garage where he was seen discarding an object in a large metal trash can. Law enforcement officers later retrieved a firearm from the same trash can. Because Wells left his boarding pass at the TSA checkpoint, law enforcement was able to identify him as the person who discharged the firearm, discarded the firearm in the parking garage trashcan, and caused widespread panic in the airport.
Kenny Wells, 44, of Atlanta, Georgia, has been sentenced to ten years in prison to be followed by three years of supervised release. On January 4, 2023, Wells was convicted of the charge of possessing a firearm while being a convicted felon, in violation of Title 18, United States Code, Section 922(g)(1), after entering a guilty plea.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Atlanta Police Department.
Assistant U.S. Attorney Paul R. Jones prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Owner of Closed Substance Use Treatment Facility in Florida Pleads Guilty to Conspiracy to Defraud Health InsurersRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Terrence Livorsi, 68, of Glenside, Pennsylvania, pleaded guilty to charges of conspiracy to commit health care fraud arising from his operation of his company’s Employee Assistance Program (“EAP”) . Livorsi used the EAP to funnel patients to addiction treatment at facilities and programs that he owned in Florida in order to fraudulently bill patients’ medical insurance for treatment that was not medically necessary.
Livorsi offered his company’s EAP services free of charge and marketed its services mainly to public sector labor unions in New Jersey. Livorsi and his EAP encouraged union officials and representatives to call when a union member was in distress or facing workplace discipline. Upon referral of a union member for EAP services, Livorsi and/or an employee of the EAP collected information from the person, including asking the prospective patient about his or her use of alcohol or drugs. Many prospective patients did not have substance use disorders but were nevertheless fraudulently referred to Recovery Institute of South Florida (“RISF”), a substance use treatment facility that Livorsi also owned and operated. Patients were pressured to fly to Florida immediately for treatment at RISF, allegedly to save their jobs. The people that Livorsi and his staff members referred to RISF were not told that Livorsi owned RISF or that he would benefit financially by billing their health insurance.
From at least January 2014 until RISF closed in April 2018, it was the business of Livorsi’s EAP to send patients to treatment RISF. RISF depended on the EAP to refer patients for treatment, and made money by billing insurers for those referred patients. The EAP, which did not charge anyone for its services, depended on RISF to finance its operations. As the sole owner of both RISF and the EAP, Livorsi controlled every aspect of their operations, including the finances and bank accounts of both organizations. Livorsi directly profited when RISF profited. Livorsi directed RISF to pay bonuses to his staff, including himself, for admissions to RISF that the employee had procured. Although he was not a licensed caregiver and was infrequently present at RISF, Livorsi exercised control over when patients could be discharged from RISF, and would keep patients as long as possible to maximize the opportunities to bill insurance.
"Livorsi's guilty plea should send a clear message to those seeking to build their financial empire off the despair of individuals battling addiction by committing health care fraud," said U.S. Attorney Jacqueline C. Romero. “The defendant's actions were illegal and unconscionable. Moreover, healthcare fraud impacts all of us by raising costs and compromising quality.”
“Over the course of years, Terrence Livorsi defrauded insurers of big money by using patients as pawns,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “He had no compunction about referring all of these people to his own faraway treatment facility, some of whom didn’t even have substance abuse issues. Health care fraud is a costly, consequential federal crime and the FBI will continue to make these investigations a priority as we work to deter such criminal behavior.”
Livorsi was charged by Information filed April 11, 2023, and entered a plea of guilty on May 8, 2023. A sentencing hearing is scheduled for September 6, 2023 at 10:00 a.m.
The cases were investigated by the Philadelphia FBI Healthcare Fraud Task Force, which includes agents from the Pennsylvania Attorney General's Office and the Philadelphia Police Department, and the Employee Benefit Security Administration of the United States Department of Labor, and is being prosecuted by Assistant United States Attorney Elizabeth Abrams.
New Bedford Man Pleads Guilty to Fentanyl ConspiracyRead the Press Release
BOSTON – A New Bedford man pleaded guilty today to his role in a drug trafficking organization (DTO) operating in Southeastern Massachusetts and Rhode Island.
Jason Cruz, 42, pleaded guilty to conspiracy to distribute and to possess with intent to distribute fentanyl. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for July 25, 2023. Cruz was indicted by a federal grand jury in August 2022 and has remained in custody since.
Between approximately April 2022 and approximately June 2022, Cruz purchased fentanyl from the DTO that he then redistributed to others. Intercepted communications depicted Cruz discussing purchasing fentanyl from the DTO. In addition, surveillance footage showed other members of the DTO visiting the Cruz’s residence for brief periods of times, which is consistent with illegal drug trafficking.
The charge of conspiracy to distribute and to possess with intent to distribute fentanyl provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. 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; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; New Bedford Police Chief Paul Oliveira; and Fairhaven Police Chief Michael J. Myers made the announcement today. Special assistance was provided by the Massachusetts State Police; Homeland Security Investigations; Bristol County Sherriff’s Office; and Fall River, Taunton, Attleboro, Scituate, Yarmouth, Providence (R.I.) and West Warwick (R.I.) Police Departments. Assistant U.S. Attorney John T. Mulcahy of Rollins’ Narcotics & Money Laundering Unit is prosecuting the case.
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.
Nevada Man Charged with Federal Hate Crimes for Irvine Taiwanese Presbyterian Church ShootingRead the Press Release
A Nevada man has been charged with 98 counts of federal hate crimes and weapons and explosives offenses, including the murder of one person and attempted murder of 44 others, for his actions during the shooting and attempted bombing at the Irvine Taiwanese Presbyterian Church on May 15, 2022.
David Chou, 69, of Las Vegas, killed one person and attempted to kill 44 others using firearms and explosive devices that he carried inside the Irvine Taiwanese Presbyterian Church in Southern California, according to the indictment returned Wednesday by a federal grand jury in Santa Ana, California. In addition to the victim who Chou fatally shot, five others were injured by gunfire. Chou allegedly acted because of the victims’ national origin and religion, and he intentionally obstructed the victims’ religious exercise.
Specifically, the indictment charges Chou with 98 violations of federal law:
- 45 counts of obstructing free exercise of religious beliefs by force, which resulted in the death of one person, included attempts to kill 44 others, and involved the use of a firearm and attempted use of explosives and fire;
- 45 counts of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act by attacking the church congregants because of their actual or perceived Taiwanese national origin and Presbyterian faith;
- One count of attempting to damage or destroy a building used in interstate commerce by means of fire and explosives;
- One count of carrying explosives during the commission of a federal felony offense; and
- Six counts of using a firearm during the commission of a crime of violence.
If convicted, Chou faces a maximum penalty of death or life in prison without parole. He is currently in state custody pending state criminal charges.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Martin Estrada for the Central District of California and Los Angeles FBI Assistant Director in Charge Donald Alway made the announcement. The FBI would like to acknowledge the considerable assistance of the Orange County Sheriff's Department.
The FBI Los Angeles Field Office, the Orange County Sheriff’s Department and the ATF investigated the case.
Assistant U.S. Attorneys Greg Scally and Susan Har for the Central District of California and Special Litigation Counsel Michael J. Songer of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an accusation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Native of Colombia Indicted on Illegal Reentry ChargeRead the Press Release
HARRISBURG, The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jair Alexander Peralta Vanegas, age 52, of Colombia, was indicted by a federal grand jury on a charge of Illegal Reentry.
According to United States Attorney Gerard M. Karam, the indictment alleges that on or about April 27, 2023, Peralta Vanegas was found in Lebanon County Pennsylvania after previously having been removed from the United States. The indictment also alleges that Peralta Vanegas had been removed from the United States through Alexandria, Louisiana, and reentered without first obtaining legal permission to do so.
The case was investigated by U.S. Immigration Customs and Enforcement (ICE) and the Pennsylvania State Police. Assistant U.S. Attorney David C. Williams is prosecuting the case.
The maximum penalty under federal law for this offense is two years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Minneapolis Man Sentenced to over Seven Years in Prison for Violent Armed Robbery Spree of Minneapolis BusinessesRead the Press Release
MINNEAPOLIS – A Minneapolis man was sentenced to 88 months in prison followed by three years of supervised release for his role in three armed robberies of Minneapolis businesses, announced United States Attorney Andrew M. Luger.
According to court documents, on March 31, 2022, Matthew Dereck Howell, 23, entered Dollar City Plus, a retail store in Minneapolis, while an unidentified co-conspirator waited outside as a lookout. Howell pulled a handgun and aimed it at the store owner who was behind the counter and demanded money from the register. As Howell was ordering the employees to move faster, he fired the gun in the direction of the store owner causing a bullet to graze the store owner's neck. After firing the shot, Howell went behind the counter, opened the register, and took approximately $1,200. Howell left the store and fled on foot.
A few days later, on April 3, 2022, Howell borrowed a white Cadillac sedan to drive to Sam's Market and Meat, located in Minneapolis. Howell entered the market and approached the counter as if to pay for an item. Howell pulled out a black handgun and pointed it at the clerk, demanded money from the cash register, and threatened to shoot. Howell reached over the counter into the register and took approximately $50. Howell then fled back to the Cadillac and drove away.
Later that same day, Howell entered Minneapolis Market, approached the counter, pulled out a handgun and pointed it at an employee, and demanded money from the register. Howell then reached over the counter and took approximately $700 before fleeing.
Howell was sentenced today in U.S. District Court before Judge Katherine M. Menendez. On November 8, 2022, he pleaded guilty to two counts of Hobbs Act robbery.
This case was the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Minneapolis Police Department.
Assistant U.S. Attorney Laura M. Provinzino and former Assistant U.S. Attorney Sarah E. Hudleston prosecuted the case.
Meth trafficking sends Billings man to prison for five yearsRead the Press Release
BILLINGS — A Billings man who admitted to selling methamphetamine to an undercover agent was sentenced on May 10 to five years in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said today.
Edward George Allen, 41, pleaded guilty in September 2022 to possession with intent to distribute meth.
U.S. District Judge Susan P. Watters presided.
In court documents, the government alleged that Allen trafficked methamphetamine in the Billings from April 2021 to about September 2021. Undercover agents purchased 2.5 ounces of meth from co-defendant Michael Brumfield and his source, Allen, for $1,600. Allen had three plastic baggies containing meth and gave them to Brumfield, who provided them to the undercover agents. Agents provided Brumfield and Allen the cash. Brumfield was previously sentenced to six years in prison for conviction in the case.
Assistant U.S. Attorney Julie R. Patten prosecuted the case. The Drug Enforcement Administration and Montana Division of Criminal Investigation conducted the investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Massachusetts Man Sentenced to 9 ½ Years for York Bank RobberyRead the Press Release
PORTLAND, Maine: A Massachusetts man was sentenced in U.S. District Court in Portland for robbing a Bangor Savings branch in York.
U.S. District Judge John A. Woodcock sentenced Brandon Simmons, 35, to 115 months of imprisonment followed by three years of supervised release. He was also ordered to pay $7,162 in restitution to Bangor Savings Bank. Simmons pleaded guilty on September 27, 2022.
According to court records, on November 1, 2021, Simmons entered a Bangor Savings Bank in York, telling a teller that he had a bomb and demanding money. Simmons then grabbed cash from the teller’s drawer, left the bank and fled in a white work van.
Simmons was quickly identified as a suspect through the combined efforts of the FBI, York Police Department and law enforcement agencies in Massachusetts. Simmons was also identified as the suspect in the October 30, 2021, robbery of a CVS Pharmacy in Newburyport, Massachusetts.
From November 1-3, 2021, Simmons led police on a series of high-speed chases in Massachusetts and New Hampshire. In his attempts to avoid apprehension, he assaulted a police officer, attempted to carjack a civilian bystander, stole multiple vehicles and crashed his van into a truck driven by a bystander. Simmons was apprehended by Massachusetts State Police on November 3, 2021 at a hotel in Peabody, Massachusetts.
On May 10, 2023, Simmons pleaded guilty to Commonwealth of Massachusetts charges in connection with the robbery in Newburyport, as well as multiple charges related to his conduct while fleeing from police.
Maryland Man Sentenced for Defrauding the D.C. Medicaid ProgramRead the Press Release
WASHINGTON - Melchiades Amin, 45, of Glenn Dale, Maryland, was sentenced today, May 11, 2023, to serve 36 months of incarceration, suspended, and five years of probation. Additionally, the Honorable Andrea Hertzfeld ordered Amin to pay $178,150.24 in restitution to the D.C. Medicaid program. The sentence was announced by U.S. Attorney Matthew M. Graves and Daniel W. Lucas, Inspector General for the District of Columbia.
Amin was indicted on October 26, 2022, and he was arrested on November 2, 2022. On March 10, 2023, Amin pleaded guilty in D.C. Superior Court to one count of First-Degree Felony Fraud and two counts of First-Degree Felony theft.
According to the government’s evidence, between May 2018 and on or about October 2021, Amin was employed by two District Mental Health Rehabilitation Service (MHRS) providers as a community support worker (CSW). MHRS provides for diagnostic and assessment services, counseling, medication, intensive day treatment, and crisis or emergency services. A CSW provides community support services by helping consumers learn and improve basic life skills, such as medication management, increasing social skills, and learning how to use public transportation to travel when necessary.
While employed by the two District MHRS providers, Amin engaged in a scheme to defraud the District’s Medicaid program. Employment records and records maintained by the District of Columbia’s Department of Behavioral Health show that Amin billed for overlapping encounter visits with MHRS patients, submitted patient notes indicating community support services had been provided in person while he was traveling out of state, submitted encounter notes for community support services while a patient was admitted in a hospital, and submitted encounter notes indicating community support services were provided at consumers’ homes while Amin may not have been at those physical locations. Through these schemes, Amin caused the D.C. Medicaid program to pay over $178,000 for CSW services that were not provided, of which he personally received more than $54,000.
This prosecution is indicative of the continued collaboration between the U.S. Attorney’s Office and the D.C. Office of the Inspector General to investigate and prosecute cases of this kind. The government urges the public to provide tips and assistance to stop health care fraud. If you have information about individuals committing health care fraud, please call the D.C. Office of the Inspector General at (800) 724-TIPS [(800) 274-8477].
In announcing the sentence, U.S. Attorney Graves and Inspector General Lucas commended the work of those who investigated and prosecuted the case from the Major Crimes Section of the U.S. Attorney’s Office for the District of Columbia and the Office of the Inspector General’s (OIG) Medicaid Fraud Control Unit (MFCU). They commended the work of Special Assistant United States Attorney Emmanuela Charles, on detail from the Office of the Inspector General, who prosecuted the case, and also acknowledged the efforts of the OIG MFCU of those who investigated the case, including Auditor Pednika White, Special Agent Eduardo Torre, and Supervisory Investigator Robert Bornstein.
Mark Deakins Convicted of Sexual Abuse of A Child, Using Children to Produce Child Sexual Abuse Material, and Possession of Child Sexual Abuse MaterialRead the Press Release
CHATTANOOGA, Tenn. –On May 11, 2023, Mark Deakins, 63, of Chattanooga, Tennessee, was convicted at trial before the Honorable Charles E. Atchley, Jr., United States District Court Judge for the Eastern District of Tennessee at Chattanooga, of multiple charges involving the sexual abuse of minors.
The defendant was found guilty of these offenses, in violation of 18 U.S.C. §§ 2421, 2251(a), 2252A(a)(5)(B) and (b)(2), and 2260A, following a trial in U.S. District Court. According to evidence presented at trial, for over 20 years, Deakins raped and sexually assaulted numerous pre-teen and teen boys from 1995 to 2018 in various locations in the Chattanooga, Tennessee area. He also transported a victim across state lines to engage in illegal sexual exploitation and abuse. Deakins secretly recorded his crimes, and the number of child sexual abuse videos and images he possessed numbered in the thousands. After law enforcement agents executed search warrants on his home and computers, they found these images and videos as well as thousands of images of other child sexual abuse material from all over the world.
Deakins committed these crimes while already on the Sex Offender Registry for past convictions.
Sentencing has been scheduled for September 28, 2023, at 10:00 a.m. The defendant faces a mandatory minimum prison term of 45 years and a maximum term of life in prison.
United States Attorney Francis M. Hamilton III said, “The defendant’s conduct was egregious. He preyed on young boys desperate for a male role model. I am thankful for the collaborative effort and hard work of our federal, state, and local law enforcement officers and our prosecutors for seeking justice in this appalling case.”
F.B.I. Special Agent in Charge Joseph E. Carrico said, “Children are among the most vulnerable members of our community. The FBI along with our local, state, and federal partners will continue to meticulously investigate these crimes, which cause irreparable harm and trauma to the victims.”
Law enforcement agencies participating in the joint investigation which led to indictment and subsequent conviction of Mark Deakins included the Federal Bureau of Investigation, United States Marshals Service, Red Bank Police Department, Tennessee Bureau of Investigation, Chattanooga Police Department, Hamilton County Sheriff’s Office and Cumberland County Sheriff’s Office.
Assistant U.S. Attorneys James Brooks and Steven S. Neff represented the United States.
This case was investigated 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, click on the link for “Publications & Resources.”
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Man Convicted for Running Four Dark Web Child Sexual Abuse WebsitesRead the Press Release
A federal jury convicted a Missouri man yesterday for running four websites dedicated to sharing images of child sexual abuse.
According to court documents and evidence presented at trial, Clint Robert Schram, 54, of Kansas City, hosted, managed, and maintained four different websites from his home. Each of these websites operated over the “dark web,” and each was devoted to advertising, distributing, and exchanging images and videos depicting the sexual abuse of children. One of the websites allowed members to post images of children as young as 2 years old, and another had no restrictions on the types of child sexual abuse images that could be shared. Schram advertised and distributed child sexual abuse images over these websites, and he recruited, managed, and directed different tiers of “staff” members who helped run the websites.
Schram was convicted of one count of engaging in a child exploitation enterprise and four counts each of advertisement of child pornography and conspiracy to advertise child pornography. He is scheduled to be sentenced on Oct. 12 and faces a mandatory minimum sentence of 20 years in prison and a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Teresa A. Moore for the Western District of Missouri, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Special Agent in Charge Charles A. Dayoub of the FBI Kansas City Field Office made the announcement.
The FBI’s Child Exploitation Operational Unit and Kansas City Field Office investigated the case.
Trial Attorney Kyle P. Reynolds of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorneys Alison D. Dunning and David Luna for the Western District of Missouri are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Los Angeles Fentanyl and Methamphetamine Drug Trafficker SentencedRead the Press Release
RICHMOND, Va. – A Los Angeles, California, man was sentenced today to 13 years in prison for distributing over 50 grams of fentanyl and over 800 grams of methamphetamine in the Central Virginia region.
According to court documents, Mesuron Taylor, 38, plead guilty to one count of distribution of 40 grams or more of fentanyl. On two separate occasions in May 2022, Taylor distributed a total of 59 grams of fentanyl to a cooperating source working for law enforcement in Richmond. During both distributions, Taylor, a previously-convicted felon, illegally possessed within his residence a Glock, Model 36; .45 caliber semi-automatic pistol; and a Ceska Zbrokovka, Model CZ97, .45 caliber semi-automatic pistol. On June 1, 2022, DEA and Richmond Police Department officers executed a search warrant at Taylor’s residence in the City of Richmond and recovered the two firearms, United States currency, and cutting agents.
As part of the conduct in this case, Taylor was also held responsible for his role in brokering the distribution of 843 grams of methamphetamine to a law enforcement cooperating source in September 2020. During that drug transaction, Taylor agreed to supply a large amount of methamphetamine to the cooperating source located in the Charlottesville area. Upon agreeing to supply the cocaine, Taylor arranged for a courier to transport 843 grams of methamphetamine from Richmond to the Charlottesville area. On September 3, 2020, law enforcement interdicted Taylor’s drug courier in Stuarts Draft, and recovered 843 grams of methamphetamine. Following the methamphetamine seizure, Taylor contacted the cooperating source asking details about the law enforcement interdiction, demanded payment for the seized methamphetamine, and discussed potential future drug deals.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Jarod Forget, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Division; and Rick Edwards, Interim Chief of Richmond Police, made the announcement after sentencing by U.S. District Judge M. Hannah Lauck.
Assistant U.S. Attorneys Erik S. Siebert and Stephen Anthony prosecuted the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation, Operation Overdrive. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:22-cr-86.
Local Attorney Sentenced to 27 Months’ Imprisonment for Pandemic Relief Fraud, Mail Fraud and Tax EvasionRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on May 9, 2023, Jonathan Olivetti, age 43, of Philadelphia, Pennsylvania, was sentenced to 27 months imprisonment by United States District Court Judge Jennifer P. Wilson for wire fraud in connection with a scheme to obtain COVID-19 pandemic relief money he was not entitled to receive, mail fraud and tax evasion.
According to United States Attorney Gerard M. Karam, between June 18, 2020 and February 2021, Olivetti, a licensed attorney, applied for two Paycheck Protection Program (PPP) loans and two Economic Injury Disaster Loans (EIDL) on behalf of Olivetti Law, LLC. Both loan programs were authorized or expanded by the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act -- a federal law enacted in March 2020 that provided emergency financial assistance to millions of Americans suffering financial difficulties from the economic impact of the COVID-19 pandemic.
With respect to the PPP loans, Olivetti allegedly made materially false representations by inflating the payroll of Olivetti Law, LLC in the on-line applications and received $41,600 based upon those false representations. In addition, Olivetti made application for two Economic Injury Disaster Loans (“EIDL”) which were to provide low-interest financing (including forgivable $10,000 advances) to small businesses experiencing substantial financial disruption resulting from the COVID-19 pandemic. Olivetti’s EIDL loan applications each sought approximately $62,500 on behalf of Olivetti Law, LLC. The applications contained inflated gross receipts of Olivetti Law and ultimately were not approved by the SBA.
Olivetti also stole approximately $91,991.28 from an estate that he represented. Additionally, between November 9, 2015, and July 15, 2020, Olivetti attempted to evade paying his taxes by hiding funds and providing false information to an Internal Revenue Officer.
Judge Wilson also ordered Olivetti to pay restitution in the amount of $21,800 to SBA, $20,800 to MBE Capital, $91,991.28 for the mail fraud offense, and the loss for the tax evasion offense of $133,269.81. Olivetti was ordered to report to the Bureau of Prisons on June 9, 2023.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The case was investigated by the Internal Revenue Service. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
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Las Vegas Man Charged with Federal Hate Crimes in Connection with Taiwanese Presbyterian Church Shooting in Orange CountyRead the Press Release
SANTA ANA, California – A Nevada man has been charged with 98 counts of federal hate crimes and weapons and explosives offenses, including the murder of one person and attempted murder of 44 others, for his actions during the shooting and attempted bombing at the Irvine Taiwanese Presbyterian Church on May 15, 2022, the Justice Department announced today.
David Chou, 69, of Las Vegas, killed one person and attempted to kill 44 others using firearms and explosive devices that he carried inside the Irvine Taiwanese Presbyterian Church in Southern California, according to the indictment returned Wednesday by a federal grand jury in Santa Ana. In addition to the victim who Chou fatally shot, five others were injured by gunfire. Chou allegedly acted because of the victims’ national origin and religion, and he intentionally obstructed the victims’ religious exercise.
Specifically, the indictment charges Chou with 98 violations of federal law:
- 45 counts of obstructing free exercise of religious beliefs by force, which resulted in the death of one person, included attempts to kill 44 others, and involved the use of a firearm and attempted use of explosives and fire;
- 45 counts of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act by attacking the church congregants because of their actual or perceived Taiwanese national origin and Presbyterian faith;
- One count of attempting to damage or destroy a building used in interstate commerce by means of fire and explosives;
- One count of carrying explosives during the commission of a federal felony offense; and
- Six counts of using a firearm during the commission of a crime of violence.
An indictment is merely an accusation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
If convicted, Chou faces a maximum penalty of death or life in prison without parole. He is currently in state custody pending state criminal charges.
The FBI Los Angeles Field Office, the Orange County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.
Assistant United States Attorneys Greg Scally of the Santa Ana Branch Office and Susan Har of the Public Corruption and Civil Rights Section and Special Litigation Counsel Michael J. Songer of the Justice Department’s Civil Rights Division’s Criminal Section are prosecuting the case.
Justice Department Seizes 13 Domains Used by Lebanese Hezbollah and its AffiliatesRead the Press Release
The Justice Department today announced the seizure of 13 domains used by Specially Designated Nationals (SNDs), Specially Designated Global Terrorists (SDGTs), and their members associated with Lebanese Hezbollah.
According to court records, the United States obtained court authorization to seize five domains registered to the Public Interest Registry (PIR) – moqawama.org, almanarnews.org, manarnews.org, almanar-tv.org, and alshahid.org – and eight domains registered to Verisign Inc. – manartv.net, manarnews.net, almanar-tv.com, almanar-tv.net, alidaamouch.com, Ibrahim-alsayed.net, alemdad.net, and naimkassem.net.
“Today’s web domain seizures deny terrorist organizations and affiliates significant sources of support and makes clear we will not allow these groups to use U.S. infrastructure to threaten the American people,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department will continue to enforce economic sanctions as part of our commitment to deploy all available tools against threats from hostile nation-states and terrorist actors alike.”
“The Eastern District of Virginia (EDVA) is at the forefront of ensuring that American internet infrastructure is unavailable for use by international terrorist organizations, their members and affiliates,” said U.S. Attorney Jessica D. Aber for the EDVA. “The domains seized through this operation are controlled by individuals and entities engaged in planning or perpetrating acts of terrorism against Americans and thus are not lawfully permitted to use American infrastructure. Operations like this disrupt terrorist activity by blocking one avenue these groups and individuals use to gather support and influence.”
“This seizure demonstrates the FBI’s persistence in using all of our tools to hold accountable terrorists and their affiliates when they violate U.S. laws,” said Assistant Director Robert R. Wells of the FBI’s Counterterrorism Division. “The FBI, along with our international partners, will continue to seek out those individuals who contribute to the advancement of Lebanese Hezbollah’s malign activities and ensure they are brought to justice, regardless of where, or how, they attempt to hide.”
“These court-authorized domain seizures reflect the FBI’s continued dedication to the fight against terrorism," said Special Agent in Charge Keri Farley of the FBI Atlanta Field Office. “Along with our federal and international partners, the FBI remains focused on proactively disrupting web domains controlled by Specially Designated Nationals – those who attempt to illegally utilize U.S. infrastructure to incite deadly violence against the United States and our allies to further the objectives of foreign terrorist organizations.”
“Today’s seizure reduces Hezbollah's ability to peddle their dangerous violent ideology across the globe,” said Matthew S. Axelrod, Assistant Secretary for Export Enforcement at the Department of Commerce. “This coordinated enforcement action demonstrates that the U.S. Government will creatively use all available enforcement tools to thwart those who seek to perpetrate acts of terror.”
Pursuant to the International Emergency Economic Powers Act (IEEPA), SDNs and SDGTs, such as Lebanese Hezbollah, Al Manar TV, Ali Damush, Ibrahim al-Sayyid, Islamic Charitable Emdad Committee, Martyrs’ Foundation in Lebanon, Naim Qasim, and their members may not obtain services, including website and domain services, in the United States without a license from the Office of Foreign Assets Control (OFAC). No such license was obtained for any of the 13 seized domains.
Additionally, these 13 domains are subject to seizure as assets of entities and organizations engaged in planning or perpetrating acts of terrorism against the United States, its citizens and residents, and their property. These domains also afford a source of influence over those entities and organizations. The seizure of these domains will cut off that source of support and influence.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Jessica D. Aber for the Eastern District of Virginia, Special Agent in Charge Keri Farley of the FBI Atlanta Field Office and Assistant Secretary of Commerce for Export Enforcement Matthew S. Axelrod made the announcement.
The FBI and Department of Commerce investigated the case.
Assistant U.S. Attorneys David A. Peters and Laura D. Withers for the Eastern District of Virginia are representing the government in these matters, with valuable assistance provided by the Justice Department’s National Security Division.
Justice Department Announces Launch of Puerto Rico and U.S. Virgin Islands Environmental Crimes Task ForceRead the Press Release
The Justice Department today announced the launch of the Puerto Rico and U.S. Virgin Islands (USVI) Environmental Crimes Task Force to investigate and prosecute violations of federal law harming the environment, wildlife and human health, and associated fraud, waste and abuse in the region.
The creation of the task force comes one year after the Justice Department announced its Comprehensive Environmental Justice Enforcement Strategy and the creation of an Office of Environmental Justice (OEJ) within the Environment and Natural Resources Division (ENRD).
“All communities deserve clean air, clean water, and the robust protection of their natural resources – both, today and for generations to come,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This task force demonstrates the department’s continued commitment to environmental justice and its comprehensive strategy to address significant concerns faced by communities overburdened with pollution.”
“Environmental justice and ensuring that all residents of Puerto Rico enjoy a healthy environment free of hazardous waste and other pollutants is a top priority of the U.S. Attorney’s Office and the Justice Department,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico. “This Task Force will combine and leverage resources from many federal agencies to aggressively enforce civil and criminal environmental laws.”
“The United States Attorney’s Office, along with our federal and local partners, is committed to enforcing environmental laws. Our goal is to ensure that all our citizens receive protection from environmental and health hazards and equal access to a healthy environment in which to live, learn, play and work,” said U.S. Attorney Delia Smith for the USVI.
The creation of this Task Force builds upon the Justice Department’s environmental justice strategy and brings together federal law enforcement agencies in Puerto Rico and the U.S. Virgin Islands. Those federal agencies will continue to work closely with their local counterparts, including the Puerto Rico Department of Natural Resources, the Puerto Rico Department of Justice, the USVI Department of Planning and Natural Resources, and the USVI Attorney General’s Office.
The task force will include law enforcement personnel from the following agencies:
- Army - Criminal Investigation Division
- Army Corps of Engineers
- Department of Agriculture – Office of Inspector General
- Department of Commerce – Office of Inspector General
- Department of Homeland Security – Homeland Security Investigations
- Department of Transportation – Office of Inspector General
- Environmental Protection Agency – Criminal Investigation Division
- Environmental Protection Agency – Office of Inspector General
- FBI
- Food and Drug Administration – Office of Criminal Investigations
- Housing and Urban Development – Office of Inspector General
- IRS – Criminal Investigation Division
- National Oceanic and Atmospheric Administration – Office of Law Enforcement
- U.S. Coast Guard – Sector San Juan
- U.S. Coast Guard Investigative Service
- U.S. Fish and Wildlife Service
On May 5, 2022, Associate Attorney General Vanita Gupta signed the Comprehensive Environmental Justice Enforcement Strategy. The Strategy provides a roadmap for using the Justice Department’s civil and criminal enforcement authorities and tools. Under the Strategy, the Department seeks to advance environmental justice in underserved communities that have been historically marginalized and overburdened, including low-income communities, communities of color and Tribal and Indigenous communities.
Reporting environmental, public health and safety concerns supports a safe community for all. U.S. Attorney Muldrow and U.S. Smith encourage Puerto Rico and USVI residents to use the following contact information to report violations to federal agencies.
If the violation concerns air quality, health, water, land, waste, chemicals and toxins (e.g. pesticides and lead paint), and/or a cleanup, contact the Environmental Protection Agency at www.epa.gov/report-violation or Denuncie violaciones ambientales | US EPA to report violations.
If the violation concerns fraud, waste and abuse of an EPA program, operation, grant or contract, contact Environmental Protection Agency Office of Inspector General at www.epa.gov/office-inspector-general/forms/epa-oig-hotline-complaint-form
If the violation concerns an oil or chemical spill, contact the National Response Center at 1-800-424-88022.
If the violation concerns a marine environment, contact the Coast Guard at www.p3tips.com/tipform.aspx?ID=878 and/or Sector San Juan Command Center: 787-729-2041.
If the violation concerns federal marine resources, you should contact the www.fisheries.noaa.gov/topic/enforcement or hotline at 1-800-853-1964.
If the violation concerns harm to wildlife (e.g., pesticide misuse), contact the U.S. Fish and Wildlife Service at 1-800-344-9453 or www.fws.gov/wildlife-crime-tips.
If the violation concerns wetlands or navigable waters, contact your local district branch of the U.S. Army Corps of Engineers at www.saj.usace.army.mil/Missions/Regulatory/Enforcement.
If the violation concerns workplace conditions, such as chemicals or noxious fumes, contact the Occupational Safety and Health Administration (OSHA) at 1-800-321-6742 or www.osha.gov/workers/file-complaint.
If the violation concerns housing conditions, contact the Department of Housing & Urban Development – Office of Inspector General (HUD-OIG) at 1-800-347-3735 or www.hudoig.gov/hotline/hotline-form.
If the violation concerns transportation of hazardous materials or a pipeline, contact the Department of Transportation – Office of Inspector General (DOT-OIG) at 1-800-424-9071 or www.oig.dot.gov/fraud-hotline.
If the violation concerns medications, food products, devices, biological products, cosmetics, or other products for human consumption, contact the FDA at 1-800-332-0127 (toll-free) or www.fda.gov/safety/report-problem-fda.
If the violation concerns fraud, waste, and abuse related to U.S. Department of Commerce (including any entity receiving DOC funds) contact www.oig.doc.gov/Pages/Hotline.aspx
If the violation concerns discriminatory environmental and health impacts, contact DOJ Civil Rights at 1-855-856-1247 or civilrights.justice.gov.
If the violation involves public corruption, contact the FBI at tips.fbi.gov.
For more information, please visit www.justice.gov/oej; www.epa.gov; www.justice.gov/usao/pr.
Husband and Wife Charged in $1.16 Million Medicare Fraud SchemeRead the Press Release
CHICAGO — The husband-and-wife operators of a suburban Chicago company schemed with a social worker to fraudulently obtain more than $1.16 million from Medicare, according to a federal indictment returned in the Northern District of Illinois.
RICHARD W. PITTS and TAMMIE J. PITTS operated American Warriors, Inc., a not-for-profit corporation which purported to provide psychotherapy services to residents of senior living facilities in the Chicago area from 2019 to 2021. The indictment alleges that the couple schemed with social worker CHARLO G. JORDAN to submit fraudulent claims to Medicare for purported psychotherapy services that were not provided as stated in the claims. The claims falsely stated that residents of the senior facilities had received one-hour, individual psychotherapy sessions, even though the defendants knew that such services had not been provided, the indictment states.
As part of the scheme, Richard Pitts invited residents of the senior facilities to attend breakfast meetings, which often included guest speakers or group activities, as a way to identify Medicare beneficiaries whose information would then be used in support of the fraudulent claims, the indictment states. When the Covid-19 pandemic began and American Warriors could no longer host in-person breakfasts, the company collected residents’ phone numbers for purported “telehealth” therapy and continued to bill Medicare for psychotherapy that was never provided, the indictment states.
In total, the indictment alleges that American Warriors received $1,164,624.61 as the result of fraudulent claims.
The indictment was unsealed Tuesday. It charges Richard Pitts, 67, and Tammie Pitts, 53, both of Calumet City, Ill., and Jordan, 43, of Chicago, with health care fraud. The defendants pleaded not guilty Tuesday during arraignments before U.S. Magistrate Judge Gabriel A. Fuentes.
The indictment was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, Robert W. “Wes” Wheeler, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI, and Mario Pinto, Special Agent-in-Charge of the U.S. Department of Health and Human Services, Office of Inspector General, Chicago Regional Office. The government is represented by Assistant U.S. Attorney Charles W. Mulaney.
The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Each count of health care fraud is punishable by up to ten years in federal prison. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. Sentencing Guidelines.
Grupo de Trabajo Sobre Delitos Ambientales en Puerto Rico y las Islas Vírgenes EstadounidensesRead the Press Release
SAN JUAN, Puerto Rico - El Fiscal Federal para el Distrito de Puerto Rico, W. Stephen Muldrow; la Fiscal Federal para el Distrito de las Islas Vírgenes Estadounidenses (USVI por sus siglas en inglés), Delia Smith; y la Jefa de la Sección de Delitos Ambientales del Departamento de Justicia, Deborah Harris, anunciaron, junto a varios Agentes Especiales A Cargo, la creación de un Grupo de Trabajo (Task Force, en inglés) sobre Delitos Ambientales en Puerto Rico y las USVI para investigar y procesar violaciones a las leyes federales que perjudican el medioambiente, la fauna y la salud humana, así como fraudes, despilfarros y abusos asociados.
El anuncio de hoy destaca aún más el compromiso continuo de cada agencia con la justicia ambiental, un principio que combina los derechos civiles con la protección del medioambiente al examinar si las personas, independientemente de su raza, color, origen nacional o ingresos, reciben un trato justo y participación significativa en el desarrollo, implementación y cumplimiento de las leyes, regulaciones y políticas ambientales.
El 5 de mayo de 2022, el Secretario de Justicia de los EE. UU. anunció medidas para mejorar y avanzar la labor del Departamento de Justicia de los EE. UU. en materia de justicia ambiental (EJ por sus siglas en inglés). Estos esfuerzos incluyen la publicación de la Estrategia Integral de Aplicación de la Justicia Ambiental (Comprehensive Environmental Justice Enforcement Strategy), la creación de la Oficina de Justicia Ambiental (OEJ por sus siglas en inglés) dentro de la División Ambiental y Recursos Naturales (ENRD por sus siglas en inglés) y la implementación de un reglamento final provisional que anula la regulación del Departamento en 28 C.F.R § 50.28 y una política que permite a los componentes del Departamento firmar acuerdos de conciliación que incluyan pagos en circunstancias limitadas a personas o entidades no gubernamentales que no sean parte del litigio subyacente.
La creación de este Equipo de Trabajo se basa en los esfuerzos realizados por el Departamento de Justicia y reúne a las agencias federales de ley y orden en Puerto Rico y las Islas Vírgenes de Estados Unidos. Estas agencias federales seguirán colaborando estrechamente con sus homólogos locales, incluyendo al Departamento de Recursos Naturales de Puerto Rico, el Departamento de Justicia de Puerto Rico, el Departamento de Planificación y Recursos Naturales de las Islas Vírgenes de Estados Unidos y la Departamento de Justicia de las Islas Vírgenes de Estados Unidos.
Agencias de Ley y Orden del Equipo de Trabajo
Ejército de los EE. UU. - División de Investigación Criminal
Cuerpo de Ingenieros del Ejército de los EE. UU.
Departamento de Agricultura - Oficina del Inspector General
Departamento de Comercio - Oficina del Inspector General
Departamento de Seguridad Nacional - Investigaciones de Seguridad Nacional
Departamento de Transportación - Oficina del Inspector General
Agencia de Protección Ambiental - División de Investigación Criminal
Agencia de Protección Ambiental - Oficina del Inspector General
Negociado Federal de Investigaciones
Administración de Alimentos y Medicamentos - Oficina de Investigaciones Criminales
Departamento de Vivienda y Desarrollo Urbano - Oficina del Inspector General
Servicio de Rentas Internas - División de Investigación Criminal
Administración Nacional Oceánica y Atmosférica - Oficina para la Implementación de Leyes
Guarda Costera de los EE. UU. - Sector de San Juan
Servicio Investigativo de la Guardia Costera de los EE. UU.
Servicio Federal de Pesca y Vida Silvestre
“La justicia ambiental y la garantía de que todos los residentes de Puerto Rico disfruten de un ambiente sano y libre de residuos peligrosos y otros contaminantes es una de las principales prioridades de la Fiscalía Federal y del Departamento de Justicia de los EE. UU.”, comentó el Fiscal Federal Muldrow. “Este task force combinará y aprovechará los recursos de muchas agencias federales para hacer cumplir enérgicamente las leyes ambientales civiles y penales”.
“La Fiscalía Federal, junto a nuestros compañeros federales y locales, está comprometida a hacer cumplir las leyes ambientales. Nuestra meta es asegurar que todos los ciudadanos reciban protección de riesgos ambientales y sanitarios e igualdad de acceso a un ambiente sano en el que vivir, aprender, jugar y trabajar”, dijo la Fiscal Federal Delia L. Smith.
¿Qué puedes hacer?
Denunciar los problemas de salud pública, seguridad y ambientales contribuye a una comunidad segura para todos. Los Fiscales Federales Muldrow y Smith animan a los residentes de Puerto Rico y las USVI a utilizar los siguientes contactos para hacer denuncias sobre violaciones a las agencias federales.
Si la violación afecta la calidad de aire, agua, tierra, salud, desechos, limpieza, químicos y toxinas (p. ej. pesticidas y pintura con plomo) contacte la Agencia de Protección Ambiental a través de www.epa.gov/report-violation para hacer un reporte.
Denuncie violaciones ambientales | US EPA
Si la violación se refiere a fraude, despilfarro o abuso de un programa, operativo, subvención o contrato de la EPA, contacte a la Agencia de Protección Ambiental Oficina del Inspector General a través de www.epa.gov/office-inspector-general/forms/epa-oig-hotline-complaint-form
Si la violación es por derrames de aceite o químicos, contacte al Centro Nacional de Respuesta al 1-800-424-88022.
Si la violación es acerca del ambiente marino, contacte a la Guardia Costera a través de www.p3tips.com/tipform.aspx?ID=878 y/o al Centro de Comando del Sector de San Juan: 787-729-2041.
Si la violación es acerca de recursos marinos federales, haga la denuncia accediendo a www.fisheries.noaa.gov/topic/enforcement o contactar la línea directa at 1-800-853-1964.
Si la violación es acerca de daños a la fauna (p. ej. uso indebido de pesticidas), contacte al Servicio Federal de Pesca y Vida Silvestre al 1-800-344-9453 o a través de www.fws.gov/wildlife-crime-tips.
Si la violación afecta humedales o aguas navegables, contacte las oficinas locales del Cuerpo de Ingenieros de Ejército de los EE.UU. a través de https://www.saj.usace.army.mil/Missions/Regulatory/Enforcement/.
Si la violación es acerca de condiciones del lugar de trabajo, así como químicos o gases nocivos, contacte la Administración de Seguridad y Salud Ocupacional (OSHA por sus siglas en inglés) al 1-800-321-6742 o www.osha.gov/workers/file-complaint
Si la violación es acerca de condiciones de vivienda, contacte a la Oficina del Inspector General del Departamento de Vivienda y Desarrollo Urbano (HUD-OIG por sus siglas en inglés) al 1-800-347-3735 o www.hudoig.gov/hotline/hotline-form
Si la violación es acerca del transporte de materiales peligrosos o de ductos, contacte a la Oficina del Inspector General del Departamento de Transportación (DOT-OIG por sus siglas en inglés) al 1-800-424-9071 o www.oig.dot.gov/fraud-hotline
Si la violación es acerca de medicamentos, productos alimenticios, equipos, productos biológicos, cosméticos u otros productos para consumo humano, contacte a la Administración de Alimentos y Medicamentos (FDA por sus siglas en inglés) al 1-800-332-0127 (gratis) o acceda a https://www.fda.gov/safety/report-problem-fda
Si la violación se refiere a fraude, despilfarro o abuso relacionado al Departamento de Comercio de los EE.UU., (incluso cualquier entidad que reciba fondos del DOC) acceda a www.oig.doc.gov/Pages/Hotline.aspx
Si la violación es acerca de impactos discriminatorios para el ambiente o la salud, contacte a la División de Derechos Civiles del Departamento de Justicia de los EE.UU. at 1-855-856-1247 o https://civilrights.justice.gov/
Si la violación implica corrupción pública, contacte al Negociado Federal de Investigaciones at https://tips.fbi.gov/
Para más información, por favor visite www.justice.gov/oej; www.epa.gov; www.justice.gov/usao/pr
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Great Falls woman charged with defrauding two businesses of more than $200,000Read the Press Release
GREAT FALLS — A Great Falls woman accused of embezzling more than $200,000 from two businesses while working as a bookkeeper appeared for arraignment on May 9 on fraud charges, U.S. Attorney Jesse Laslovich said today.
Tara Durnell, 63, pleaded not guilty to an indictment charging her with 13 counts of wire fraud and one count of mail fraud. If convicted of the most serious charge, Durnell faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge John T. Johnston presided. Durnell was released pending further proceedings.
The indictment alleges that Durnell, while working as a bookkeeper, embezzled from Kronebusch Electric, Inc. (KEI), an electrical services company located in Conrad, and then from Mitchell’s Crash Repair, an auto repair shop in Great Falls, after she left KEI’s employment. From at least November 2013 to 2019, Durnell used her access to KEI’s business bank accounts and software to direct pre-signed checks to cover her personal expenses and then miscode the payments in the software to make the personal payments look like legitimate KEI business expenses. The indictment further alleges Durnell embezzled more than $200,000 from KEI to pay personal credit card debt, personal car loan payments and debts of family members. While employed at Mitchell’s Crash Repair, Durnell allegedly embezzled approximately $15,000 by using pre-signed checks to make unauthorized payments for personal expenses, including taxes on her home and a bar she owned in Conrad.
An indictment is merely an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Assistant U.S. Attorney Jeffrey K. Starnes is prosecuting the case. The FBI, Montana Division of Criminal Investigation and Great Falls Police Department conducted the investigation.
PACER case reference. 23-27.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl
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GCI Communications Corp. to Pay More than $40 Million to Resolve False Claims Act Allegations Related to FCC’s Rural Health Care ProgramRead the Press Release
GCI Communications Corp. (GCI), located in Anchorage, Alaska, has agreed to pay $40,242,546 to resolve allegations that it violated the False Claims Act by knowingly inflating its prices and violating Federal Communications Commission (FCC) competitive bidding regulations in connection with GCI’s participation in the FCC’s Rural Health Care Program. The program provides more than $570 million each year to assist rural health care providers with their telecommunications needs.
Under the Rural Health Care Program, the FCC pays a subsidy equal to the difference between the more expensive cost for a telecommunication service in a rural area and the less expensive cost for the same service in an urban area in the same state. FCC regulations also require contracts for these subsidized services be awarded through a competitive bidding process. The United States alleged that, between 2013 and 2020, GCI failed to comply with FCC regulations that governed how telecommunications companies must calculate their prices for purposes of claiming subsidy payments, and as a result GCI received greater subsidy payments than it was entitled to. The United States further alleged that GCI caused Eastern Aleutian Tribes Inc., a rural health care provider in Alaska, to agree to inflated prices after the relevant contract was competitively bid. As a result, GCI knowingly received higher payments under the program, from 2015 through 2018, in connection with its contract with Eastern Aleutian Tribes, Inc.
“Telecommunications providers that seek to participate in important FCC programs like the Rural Health Care Program must comply with applicable rules, including those governing how they competitively bid on contracts and set their prices,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates our continuing commitment to preventing the misuse of taxpayer funds.”
“Providing health care services in rural areas, especially to Indigenous people in remote areas of Alaska, is vital and must be protected,” said U.S. Attorney Nick Brown for the Western District of Washington. “This $40 million settlement should deter other companies from attempting to improperly enrich themselves by overcharging the government for important healthcare-related telecommunications services.”
“Service providers who utilize the Rural Health Care Program to provide necessary services to health care providers in rural areas, such as GCI provides to Alaska health care providers, cannot disregard FCC’s rules that require specific processes to ensure fair reimbursement for services,” said Acting FCC Inspector General Sharon Diskin. “The Rural Health Care Program has limited funds and we continue to ensure that those funds are not subject to fraud, waste or abuse.”
“Compliance with the Universal Service Fund’s Rural Health Care Program rules is a critical component in making sure that medical providers have access to the types of communications equipment and services needed to enhance medical options and care in rural communities,” said FCC Enforcement Bureau Chief Loyaan Egal. “This global settlement reflects our strong partnership with the Department of Justice in protecting the USF, and we thank them for their efforts in this particular case.”
Contemporaneous with the civil settlement, GCI has agreed to enter into a corporate compliance agreement with the FCC. GCI will also resolve an FCC administrative investigation and an FCC proceeding arising from GCI’s participation in the Rural Health Care Program.
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Robert Taylor, GCI’s former Director of Business Administration. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Taylor v. GCI Liberty, et al., Case No. 19-cv-2029 (W.D. Wash.). The whistleblower will receive $6.4 million as his share of the recovery.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the United States Attorney’s Office for the Western District of Washington, with assistance from the FCC’s Office of the Inspector General and the FCC’s Enforcement Bureau.
The matter was handled by Trial Attorney David M. Sobotkin and Assistant U.S. Attorney Kayla Stahman for the Western District of Washington.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
GCI Communications Corp. to Pay More than $40 Million to Resolve False Claims Act Allegations Related to FCC’s Rural Health Care ProgramRead the Press Release
WASHINGTON – GCI Communications Corp. (GCI), located in Anchorage, Alaska, has agreed to pay $40,242,546 to resolve allegations that it violated the False Claims Act by knowingly inflating its prices and violating Federal Communications Commission (FCC) competitive bidding regulations in connection with GCI’s participation in the FCC’s Rural Health Care Program. The program provides more than $570 million each year to assist rural health care providers with their telecommunications needs.
Under the Rural Health Care Program, the FCC pays a subsidy equal to the difference between the more expensive cost for a telecommunication service in a rural area and the less expensive cost for the same service in an urban area in the same state. FCC regulations also require contracts for these subsidized services be awarded through a competitive bidding process. The United States alleged that, between 2013 and 2020, GCI failed to comply with FCC regulations that governed how telecommunications companies must calculate their prices for purposes of claiming subsidy payments, and as a result GCI received greater subsidy payments than it was entitled to. The United States further alleged that GCI caused Eastern Aleutian Tribes Inc., a rural health care provider in Alaska, to agree to inflated prices after the relevant contract was competitively bid. As a result, GCI knowingly received higher payments under the program, from 2015 through 2018, in connection with its contract with Eastern Aleutian Tribes, Inc.
“Telecommunications providers that seek to participate in important FCC programs like the Rural Health Care Program must comply with applicable rules, including those governing how they competitively bid on contracts and set their prices,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates our continuing commitment to preventing the misuse of taxpayer funds.”
“Providing health care services in rural areas, especially to Indigenous people in remote areas of Alaska, is vital and must be protected,” said U.S. Attorney Nick Brown for the Western District of Washington. “This $40 million settlement should deter other companies from attempting to improperly enrich themselves by overcharging the government for important healthcare-related telecommunications services.”
“Compliance with the Universal Service Fund’s Rural Health Care Program rules is a critical component in making sure that medical providers have access to the types of communications equipment and services needed to enhance medical options and care in rural communities,” said FCC Enforcement Bureau Chief Loyaan Egal. “This global settlement reflects our strong partnership with the Department of Justice in protecting the USF, and we thank them for their efforts in this particular case.”
Contemporaneous with the civil settlement, GCI has agreed to enter into a corporate compliance agreement with the FCC. GCI will also resolve an FCC administrative investigation and an FCC proceeding arising from GCI’s participation in the Rural Health Care Program.
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Robert Taylor, GCI’s former Director of Business Administration. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Taylor v. GCI Liberty, et al., Case No. 19-cv-2029 (W.D. Wash.). The whistleblower will receive $6.4 million as his share of the recovery.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the United States Attorney’s Office for the Western District of Washington, with assistance from the FCC’s Office of the Inspector General and the FCC’s Enforcement Bureau.
The matter was handled by Trial Attorney David M. Sobotkin and Assistant U.S. Attorney Kayla Stahman for the Western District of Washington.
gci_settlement_agreement_-_fully_executed_0.pdfThe claims resolved by the settlement are allegations only and there has been no determination of liability.
Fresno Men Charged for Series of Vehicle Pipe-BombingsRead the Press Release
FRESNO, Calif. — A federal grand jury returned an indictment today against Scott Eric Anderson, 43, and Paul New, 55, both of Fresno, charging them with conspiracy to destroy by means of an explosive device and malicious destruction by means of an explosive device, U.S. Attorney Phillip A. Talbert announced. Anderson was also charged with being a felon in possession of a firearm.
According to court documents, between November 2022 and February 2023, Anderson and New set off a series of pipe-bombs on unoccupied vehicles and property in Fresno. The bombs damaged vehicles belonging to two auto-related businesses on Clinton Avenue, and on Feb. 19, 2023, a bomb heavily damaged a vehicle used by a home health care business on Fallbrook Avenue. Anderson sometimes recorded his crimes by video. In addition, Anderson was found to be in possession of a pistol. He is prohibited from possessing firearms because of a previous conviction for carrying a loaded and concealed weapon.
This case is the product of an investigation by the Fresno Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Michael G. Tierney is prosecuting the case.
If convicted, Anderson and New face a maximum statutory penalty of 20 years in prison and a $250,000 fine regarding the malicious destruction by means of explosive device charges and five years in prison and a $250,000 fine regarding the conspiracy charge. Anderson also faces 10 years in prison and a $250,000 fine regarding the felon in possession of a firearm charge. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Four Men Sentenced for Engaging in a Child Exploitation EnterpriseRead the Press Release
Four men were sentenced for their participation in a website dedicated to child sexual exploitation.
Kyle William Leishear, 43, of Bayonet Point, Florida, was sentenced yesterday to 20 years in prison. On April 25, Leishear’s three co-defendants were sentenced for their roles in a child exploitation enterprise: Christopher William Kuehner, 38, of Bremerton, Washington, was sentenced to 20 years in prison; Jacob Royce Mullins, 20, of South Webster, Ohio, was sentenced to seven years in prison; and Matthew Martin, 25, of Lancaster, Wisconsin, was sentenced to six years and eight months in prison.
“We cannot and will not tolerate websites like Rapey.su that invite and encourage members to congregate, discuss, and engage in the sexual exploitation of children and young women, to memorialize this exploitation, and to distribute illegal sexually explicit images of the victims,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “The Department of Justice is committed to rooting out these websites and bringing to justice those who join them for the purpose of perpetuating the victimization of some of the most vulnerable members of society.”
According to court documents, Leishear, Kuehner, Mullins, and Martin were prominent members of the “Rapey.su” website, which was dedicated to, among other things, child sexual exploitation. After becoming a member of the website, Leishear enticed multiple minor victims, including one as young 12-years-old, to produce and share sexually explicit images. Kuehner also repeatedly induced minor victims to produce and post sexually explicit images and videos to the site. Additionally, Leishear attempted to distribute child sexual abuse material on the website. Mullins and Martin both repeatedly distributed child sexual abuse material images on the website, and Mullins enticed another website user to produce and share sexually explicit images of a minor victim.
“I am grateful for the hard work of our agents and prosecutors to seek justice in this horrific case. These defendants caused immeasurable trauma on their victims, amplified by the group’s online sharing of their abuse,” said U.S. Attorney Jessica D. Aber for the Eastern District of Virginia. “This case shows that internet anonymity will not protect offenders from facing full accountability for their illegal online conduct.”
“The actions of the four individuals in this case were nothing short of reprehensible,” said Special Agent in Charge Derek W. Gordon of Homeland Security Investigations (HSI) Washington, D.C. “They shamefully targeted the most vulnerable members of our community for their own perverse desires. HSI Washington, D.C. remains committed to protecting children from abuse and holding accountable those individuals who would victimize minors. HSI remains vigilant in watching for indicators of child exploitation throughout our communities.”
HSI investigated the case.
Trial Attorney Whitney Kramer of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Seth Schlessinger for the Eastern District of Virginia prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Four Men Sentenced for Engaging in a Child Exploitation EnterpriseRead the Press Release
ALEXANDRIA, Va. – A Bayonet Point, Florida, man was sentenced yesterday to 20 years in prison for engaging in a child exploitation enterprise.
According to court documents, Kyle William Leishear, 43, was a prominent member of the “Rapey.su” website, which was dedicated to, among other things, child sexual exploitation. After becoming a member of the website, Leishear enticed multiple minor victims, including one as young as 12-years-old, to produce and share sexually explicit images. Additionally, Leishear attempted to distribute child sexual abuse material on the Rapey website.
“I am grateful for the hard work of our agents and prosecutors to seek justice in this horrific case. These defendants caused immeasurable trauma on their victims, amplified by the groups online sharing of their abuse,” said Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia. “This case shows that internet anonymity will not protect offenders from facing full accountability for their illegal online conduct.”
“We cannot and will not tolerate websites like Rapey.su that invite and encourage members to congregate, discuss, and engage in the sexual exploitation of children and young women, to memorialize this exploitation, and to distribute illegal sexually explicit images of the victims,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “The Department of Justice is committed to rooting out these websites and bringing to justice those who join them for the purpose of perpetuating the victimization of some of the most vulnerable members of society.”
“The actions of the four individuals in this case were nothing short of reprehensible,” said Special Agent in Charge Derek W. Gordon of Homeland Security Investigations (HSI) Washington, D.C. “They shamefully targeted the most vulnerable members of our community for their own perverse desires. HSI Washington, D.C. remains committed to protecting children from abuse and holding accountable those individuals who would victimize minors. HSI remains vigilant in watching for indicators of child exploitation throughout our communities.”
Leishear’s co-defendants were sentenced for their roles in the enterprise on April 25, 2023. Co-defendant Christopher William Kuehner, 38, of Bremerton, Washington, received a sentence of 20 years’ imprisonment. Co-defendants Jacob Royce Mullins, 20, of South Webster, Ohio, and Matthew Martin, 25, of Lancaster, Wisconsin, received sentences of 84 months and 80 months of imprisonment, respectively.
In a related case last year, a federal court in the Eastern District of Virginia convicted Ashley Kolhoff, 22, of Port Clinton, Ohio, of production of child pornography for her participation on the Rapey.su website. She was subsequently sentenced to 15 years in prison. Other users around the country have been prosecuted successfully in state and federal court for their conduct committed on the website.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; and Derek W. Gordon, Special Agent in Charge of U.S. Homeland Security Investigations (HSI) Washington, D.C., made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema.
The Department of Homeland Security (DHS), Homeland Security Investigations (HSI) investigated the case.
Assistant U.S. Attorney Seth Schlessinger and Trial Attorney Whitney Kramer of the Criminal Division’s Child Exploitation and Obscenity Section prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
In 2021, EDVA launched “UnMasked,” a community-based educational outreach and prevention program in Virginia dedicated to raising awareness and educating the community about the prevalence of online sexual exploitation involving children and young adults. UnMasked is a multi-disciplinary partnership of local, state, federal, and non-profit stakeholders. The core curriculum is provided by the National Center for Missing and Exploited Children’s (NCMEC) NetSmartz program. To report an incident involving online sexual exploitation, call 1-800-843-5678 or submit a report at report.cybertip.org. To request an UnMasked event at your school or organization, please contact EDVA’s Community Outreach Coordinator at [email protected].
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:22-cr-120.
Former West Baton Rouge Parish Sheriff’s Office Employee Charged with Theft of over $150,000 in Official FundsRead the Press Release
United States Attorney Ronald C. Gathe, Jr., announced that a Bill of Information was filed charging Mandy Nicole Miller, age 44, of Baton Rouge, Louisiana, with Federal Program Theft.
According to the Bill of Information, from July 2018 to September 2022, while employed at the West Baton Rouge Parish Sheriff’s Office, Miller stole cash paid for traffic tickets and hid the thefts by recording fraudulent journal entries in the Sheriff’s Office accounting system. In all, it is alleged that Miller embezzled, stole, and otherwise without authority, knowingly converted to her own use more than $150,000 in official funds.
This matter is being investigated by the Federal Bureau of Investigation and the Louisiana Legislative Auditor, Investigative Audit Services, with assistance from the West Baton Rouge Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Lyman E. Thornton III.
NOTE: A Bill of Information is an accusation. The defendant is presumed innocent until and unless adjudicated guilty.
Former U.S. Department of Housing and Urban Development Assistant Inspector General Sentenced for Falsifying Financial Disclosure FormsRead the Press Release
A former Assistant Inspector General for the Department of Housing and Urban Development (HUD) was sentenced today to one year and one day in prison for engaging in a scheme to conceal his financial indebtedness to a government contractor and personal friend to whom he steered tens of millions of dollars in government business.
According to court documents, Eghbal “Eddie” Saffarinia, 63, of Front Royal, Virginia, engaged in a scheme to conceal material facts, including the nature and extent of his financial relationship with a personal friend who was the owner and chief executive officer of an information technology company. During a period in which Saffarinia received payments and loans from his friend totaling $80,000, Saffarinia disclosed confidential internal government information to his friend and steered government contracts and provided competitive advantages and preferential treatment to his friend’s company. Saffarinia also failed to disclose this financial relationship and another large promissory note on his public financial disclosure forms.
In September 2022, Saffarinia was convicted after trial of one count of concealing material facts, three counts of making false statements, and three counts of falsifying a record or document.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, Assistant Director in Charge David Sundberg of the FBI Washington Field Office, and Inspector General Thomas A. Monheim of the Intelligence Community made the announcement.
The FBI Washington Field Office and the Office of the Inspector General of the Intelligence Community investigated the case.
Senior Litigation Counsel Edward P. Sullivan and Trial Attorneys Rosaleen T. O’Gara and John P. Taddei of the Criminal Division’s Public Integrity Section prosecuted the case.