Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Friday 5 May 2023
Gang Leader Sentenced to Six Years in Prison for Possessing Firearms and AmmunitionRead the Press Release
Tampa, Florida – U.S. District Judge Thomas P. Barber has sentenced Micheal Hankerson (31, Poinciana) to six years in federal prison for possessing firearms and ammunition as a convicted felon. As part of his sentence, the court also ordered Hankerson to forfeit firearms and ammunition. Hankerson had been found guilty on December 3, 2022.
According to court documents, in May 2022, investigators developed information that a known member of the Fruit Town Brims gang, who had been wanted on felony warrants from Alachua County for more than a month, was living in Hankerson’s residence in Poinciana. Hankerson was known to be a high-ranking member of the Fruit Town Brims gang.
On May 10, 2022, the United States Marshals Fugitive Task Force entered the residence to arrest the fugitive. As they searched the house for the fugitive, they spotted a firearm with an attached large drum magazine in plain view in the master bedroom. Hankerson, who had previously been convicted of robbery and served a five-year prison sentence, is prohibited from possessing a firearm. The task force officers informed agents from the FBI and the Florida Department of Law Enforcement (FDLE) of their observations.
After obtaining a warrant to search Hankerson’s residence, FDLE investigators searched the house and found multiple firearms and various types of ammunition. The firearm that had been seen in the master bedroom, a CZ Scorpion Evo 3 semi-automatic with a 50-round drum magazine attached, was loaded with 50 rounds of 9mm ammunition.
Investigators also recovered parts of a disassembled AR-15 style pistol in the house. When assembled, the pistol—which had been painted and its serial number obliterated—was functional and capable of firing .223 caliber ammunition. 97 rounds of ammunition were recovered during the search, including 9mm ammunition, .223 caliber ammunition, and 12-gauge shotgun shells.
Hankerson admitted to investigators that he was the highest-ranking member of the Brims gang in Florida. He also admitted that he had spray-painted the components to the AR-15 style firearm. He claimed that the CZ Scorpion firearm belonged to his girlfriend, who was not a convicted felon, but investigators obtained other evidence indicating Hankerson had acquired the firearm and was its true owner.
This case was investigated by the Federal Bureau of Investigation, the United States Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Michael Sinacore.
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.
Four Members of Anderson and Indianapolis Drug Trafficking Conspiracy, Sentenced to a Total of over 58 Years in Federal PrisonRead the Press Release
INDIANAPOLIS- The final of four defendants has been sentenced to federal prison for his part in a multi-state drug trafficking scheme. Charles House, 40, of Anderson, Indiana was sentenced to 30 years in federal prison after a federal jury found him guilty as charged on twelve counts, including attempting to traffic methamphetamine, trafficking in over 100 kilograms of marijuana, and illegally possessing twelve firearms.
According to court documents and evidence introduced at trial, in October 2018, the Madison County Drug Task Force initiated an investigation into Charles House’s drug trafficking organization. House traveled to California to purchase narcotics and then mailed the narcotics to multiple addresses in Anderson, Indiana. The marijuana was then redistributed by co-conspirators Sean Brown and Marcus Hayes-Patterson in Anderson. Tommy Compton was House’s Indianapolis source of supply for marijuana. All told, House procured over 8 kilograms of pure methamphetamine and over 450 kilograms of marijuana. Defendants facilitated their drug trafficking activities through the use of cellular phones and often used code words to try to conceal their illegal activities.
In addition to his drug trafficking crimes, House was convicted two counts of possession of a firearm by a convicted felon, after law enforcement officers seized his firearms during execution of lawful searches. House is prohibited from possessing firearms under federal law, following a prior felony conviction for Dealing Marijuana and Operating a Vehicle While Intoxicated Resulting in Serious Bodily Injury.
In total, House, and his three co-conspirators were sentenced as follows:
DEFENDANT
CHARGE(S)
SENTENCE
Charles House, 40,
Anderson, Indiana
Drug Trafficking Conspiracy; Methamphetamine Trafficking; Unlawful Use of a Cell Phone to Facilitate Drug Trafficking; Possession of a Firearm by a Convicted Felon
30 years in prison
5 years of supervised release
$500 fine
Sean Brown, 28,
Anderson, Indiana
Drug Trafficking Conspiracy; Two Counts of Methamphetamine Trafficking
15 years in prison
5 years of supervised release
Tommy Compton, 42,
Indianapolis
Drug Trafficking Conspiracy; Cocaine Base Trafficking; Unlawful Use of a Cell Phone to Facilitate Drug Trafficking
10 years in prison
5 years of supervised release
Marcus Hayes-Patterson, 37,
Indianapolis
Drug Trafficking Conspiracy; Unlawful Use of a Cell Phone to Facilitate Drug Trafficking
41 months in prison
U.S. Attorney for the Southern District of Indiana, Zachary A. Myers, Herbert J. Stapleton, Special Agent in Charge of the FBI’s Indianapolis Field Office, Justin Campbell, Special Agent in Charge, IRS Criminal Investigation, Chicago Field Office, Rodney Hopkins, Postal Inspector in Charge of the U.S. Postal Inspection Service’s Detroit Division, Delaware County Sheriff Tony Skinner, and Madison County Sheriff made the announcement
This investigation was led by the FBI, Delaware County Sheriff’s Office, Madison County Drug Task Force, IRS Criminal Investigation, United States Postal Inspection Service. The sentences were imposed by U.S. District Court Judge Sarah Evans Barker.
U.S. Attorney Myers thanked Assistant United States Attorneys Lindsay Karwoski and Barry D. Glickman, who prosecuted this case.
This prosecution is part of “Operation Glass Box,” an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
See previous press release here
###
Founder and Former CEO of Sustainable Fuel Company Charged in Multimillion-Dollar Embezzlement SchemeRead the Press Release
A federal grand jury in Washington, D.C., returned an indictment yesterday charging the founder and former CEO of a sustainable fuel company with embezzling at least $5.9 million from the company.
According to court documents, Bryan Sherbacow, 54, of Charleston, South Carolina, and Washington, D.C., allegedly engaged in a scheme to defraud the company he founded by fraudulently transferring company funds to a personal bank account and making unauthorized personal expenditures from a company bank account. Sherbacow allegedly attempted to conceal his embezzlement by, among other things, emailing altered bank statements and other falsified financial records to a company accountant and members of the company’s board. Sherbacow allegedly used embezzled funds to pay for such personal items as a vintage Mercedes-Benz sports car, a Range Rover sport utility vehicle, a down payment on a condo, payments to an art auction operator, personal tax liens, personal credit card payments, rent payments on personal residences, payment to a beach club, and the installation of an audio-visual system at a personal residence.
Sherbacow is charged with three counts of wire fraud and two counts of engaging in monetary transactions in property derived from specified unlawful activity. If convicted, Sherbacow faces a maximum penalty of 20 years in prison on the top counts of the indictment.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and Special Agent in Charge Wayne Jacobs of the FBI Washington Field Office’s Criminal and Cyber Division made the announcement.
The FBI Washington Field Office and the Defense Criminal Investigative Service, Charleston Resident Agency are investigating the case.
Trial Attorney Kyle Crawford of the Criminal Division’s Fraud Section is prosecuting the case.
If you believe you are a victim in this case, please contact the Fraud Section’s Victim Witness Unit toll-free at (888) 549-3945 or by email at [email protected].
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Washington State Patrol Officer sentenced to 10 years in prison for attempted child sexual abuseRead the Press Release
Seattle – A former member of the Washington State Patrol was sentenced to ten years in prison last week, after pleading guilty in January 2023 to Attempted Enticement of a Minor, announced U.S. Attorney Nick Brown. Trevor Smith, 30, of Marysville, was arrested in February 2021 after communicating with a woman who he believed was offering to allow him to have sex with her 6 and 11-year-old children. In reality, the woman was an undercover police officer, and the children were fictitious. Smith was arrested after meeting with the woman, purchasing condoms and traveling to the hotel where he thought the encounter would occur.
At the sentencing hearing last week, U.S. District Judge John H. Chun imposed 15 years of supervised release to follow the 10-year prison term. Smith will be required to register as a sex offender after his release from prison.
Smith was originally charged in King County Superior Court, but the case was transferred to federal court in May 2021. Smith was released on bond until January 2023. When Smith entered his guilty plea, he also was taken into custody to begin serving his sentence.
The case was investigated by Homeland Security Investigations and the Seattle Police Department as part of the Internet Crimes Against Children Task Force (ICAC).
The case was prosecuted by Special Assistant United States Attorney Laura Harmon. Ms. Harmon is a Senior King County Deputy Prosecutor specially designated to prosecute child exploitation crimes in federal court.
Former Scranton Police Sergeant Sentenced to Imprisonment for Federal Program FraudRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jeffrey J. Vaughn, age 50, a former patrol sergeant in the Scranton Police Department, was sentenced on May 4, 2023, to 6 months’ imprisonment and a 2-year term of supervised release by United States District Court Judge Robert D. Mariani for theft concerning programs receiving federal funds.
According to the United States Attorney’s Office, from approximately July 30, 2021, to April 22, 2022, Vaughn knowingly obtained by fraud over $5,000.00 in compensation that was paid to him for certain extra duty patrol shifts at local, Scranton-area, lower-income housing complexes that Vaughn claimed to work but did not in fact work. In all, the investigation found a total of 266 hours that Vaughn claimed to work patrolling the complexes but that he did not actually work. Additionally, Vaughn also failed to work several DUI roving patrol shifts (another category of overtime shifts available to Scranton Police Officers) for which he was likewise paid.
Judge Mariani also ordered Vaughn to pay restitution in the amount of $11,243.00 and to pay a fine of $2,000.00. He was also ordered to complete 50 hours of community service as a condition of his supervised release.
This case was investigated by the Scranton Federal Bureau of Investigation’s Public Corruption Task Force, which consists of members of the Pennsylvania State Police and the Pennsylvania Attorney General’s Office, and federal agents from the FBI and Internal Revenue Service. Assistant United States Attorneys Jeffery St John and Phillip J. Caraballo prosecuted the case.
# # #
Former Homeland Security Investigations Special Agent Convicted of Federal Tax, Structuring, and Concealment OffensesRead the Press Release
CHICAGO — A federal jury in Chicago today convicted a former special agent with Homeland Security Investigations (HSI) – a criminal investigative unit within the U.S. Department of Homeland Security (DHS) – on tax, structuring, and concealment offenses.
ANTHONY SABAINI, 41, of Naperville, Ill., was convicted on all counts against him: one count of structuring, one count of willfully engaging in a scheme to conceal a material fact in a matter within the jurisdiction of DHS, and five counts of willfully filing a false federal tax return. The jury returned its verdicts this afternoon after a three-week trial in U.S. District Court in Chicago. A sentencing date was not immediately set.
Sabaini was assigned to HSI’s field office in Oakbrook Terrace, Ill. Evidence at trial showed that Sabaini maintained a corrupt relationship with an HSI confidential informant (“CI”). Sabaini tipped off the CI to sensitive law enforcement investigations and protected the CI from other federal law enforcement investigations conducted by the FBI and DEA. In exchange for Sabaini’s protection, the CI paid Sabaini at least approximately $50,000. The evidence showed that Sabaini stole money from HSI that was earmarked for investigative activity. He also stole cash from drug dealers.
Evidence at trial revealed that Sabaini deposited more than $250,000 in cash into a bank account for which he was the sole signatory. He made the deposits through more than 162 transactions, with the amount of each deposit being less than $10,000. The deposits were structured in an effort to evade federal reporting rules, which require financial institutions to notify the U.S. Department of the Treasury about transactions of more than $10,000.
The evidence also showed that Sabaini lied in official HSI memoranda in 2017 and 2018 to protect his corrupt relationship with the CI. In the memoranda, Sabaini knowingly covered up material facts, including that the CI was a target of ongoing criminal investigations conducted by other law enforcement agencies, and that the CI had recently engaged in unauthorized criminal conduct that Sabaini knew would have affected his suitability as a paid HSI informant.
The tax convictions pertained to Sabaini willfully filing false federal tax returns that underreported his total income.
A separate federal jury in 2021 convicted Sabaini’s partner, FERNANDO ZAMBRANO, of lying to investigators during the Sabaini probe. Zambrano was a Palos Heights Police Officer assigned to an HSI task force. Zambrano was sentenced to three months in federal prison.
The convictions of Sabaini were announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois; Robert W. “Wes” Wheeler, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI; Justin Campbell, Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago; and Karen Whalen, Special Agent-in-Charge of the Department of Homeland Security, Office of Inspector General’s Chicago Field Office. Valuable assistance was provided by the DEA and the U.S. Immigration and Customs Enforcement’s Office of Professional Responsibility. The government is represented by Assistant U.S. Attorneys Jared Hasten and Jonathan Shih.
The structuring and concealment charges are each punishable by up to five years in federal prison. Each tax charge is punishable by up to three years.
Former Chief Security Officer of Uber Sentenced to Three Years’ Probation for Covering up Data Breach Involving Millions of Uber User RecordsRead the Press Release
SAN FRANCISCO – Joseph Sullivan was sentenced to serve a three-year term of probation and ordered to pay a fine of $50,000, announced First Assistant United States Attorney Stephanie M. Hinds and FBI San Francisco Special Agent in Charge Robert K. Tripp. The sentence was handed down by the Hon. William H. Orrick, United States District Judge, after a jury found Sullivan guilty of two felonies in October 2022.
Sullivan, 54, from Palo Alto in Santa Clara County, previously served as the Chief Security Officer for Uber Technologies, Inc. (“Uber”). The evidence at trial established that while Sullivan was serving in that role, Uber was under investigation by the Federal Trade Commission (“FTC”) as a result of a data breach Uber had suffered in 2014. The FTC’s Division of Privacy and Identity Protection, which is charged with overseeing issues related to consumer privacy and information security, among other things, ultimately investigated both the nature and circumstances of that 2014 data breach and Uber’s broader cybersecurity program. Sullivan was hired soon after the FTC investigation launched, and he participated in Uber’s response to that investigation, including its efforts to comply with investigative demands issued by the FTC. Among other things, Sullivan participated in a presentation to the FTC in March 2016 regarding Uber’s cybersecurity program, and he testified under oath in November 2016.
As established at trial, ten days after his sworn FTC testimony, Sullivan learned that Uber had been hacked again. Furthermore, the hackers had exploited the same vulnerability that had led to the 2014 breach. Unlike the 2014 breach, however, the data stolen in 2016 was massive in scale and included records associated with approximately 57 million Uber users and drivers. Despite having testified regarding that same security vulnerability and related issues ten days prior, Sullivan executed a scheme to prevent any knowledge of the breach from reaching the FTC. For example, Sullivan told a subordinate that they “can’t let this get out” and stated that the breach would “play very badly based on previous assertions” to the FTC. He also arranged to pay off the hackers in exchange for them signing non-disclosure agreements in which the hackers promised not to reveal the hack to anyone. Those contracts, drafted by Sullivan and a lawyer assigned to his team, falsely represented that the hackers did not take or store any data in their hack. Thereafter, Sullivan continued to work with the Uber lawyers handling or overseeing the FTC investigation, including the General Counsel of Uber, but he withheld information about the breach from all of them. Uber ultimately entered into a preliminary settlement with the FTC in summer 2016 without disclosing the 2016 data breach to the FTC. As part of the negotiations, Sullivan learned that the FTC was relying on false information previously provided by Uber, but he failed to alert any of Uber’s lawyers or the FTC.
In Fall 2017, Uber’s new management began investigating facts surrounding the 2016 data breach. When asked by Uber’s new CEO what had happened, Sullivan lied about the circumstances of the breach, including by telling the CEO that the hackers did not steal any data. Sullivan lied again to Uber’s outside lawyers who were conducting an investigation into the incident. Nonetheless, the truth about the breach was ultimately discovered by Uber’s new management, which disclosed the breach publicly, and to the FTC, in November 2017.
Assistant U.S. Attorneys Andrew F. Dawson and Benjamin Kingsley are prosecuting the case, with the assistance of Patricia Mahoney and Nina Burney. The prosecution is the result of an investigation by the FBI.
Foreign National Extradited to the United States for Kidnapping and Assaulting U.S. Army Soldiers in ColombiaRead the Press Release
MIAMI – A Colombian national has been extradited from Colombia to the United States to face charges related to kidnapping and assaulting two U.S. Army soldiers who were on temporary duty in Bogota, Colombia.
Jeffersson Arango Castellanos made his initial court appearance today in the U.S. District Court for the Southern District of Florida.
According to court documents, Arango and his co-conspirators targeted, incapacitated, and kidnapped two U.S. soldiers in Bogota. The two victims were in an entertainment district in Bogota watching a sporting event on the evening of March 5, 2020. While at a pub in Bogota, the two victims lost consciousness until the following day, by which point they had been separated. Medical examinations later confirmed the presence of benzodiazepines in their systems. The defendants are alleged to have targeted the two victims at the pub, incapacitated them with drugs, and kidnapped them to acquire the victims’ valuables and credit and debit card information.
Arango and his co-conspirators are each charged with kidnapping an internationally protected person, conspiracy to kidnap an internationally protected person, assaulting an internationally protected person, and conspiracy to assault an internationally protected person. If convicted, they each face a maximum penalty of life in prison.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, and Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office made the announcement.
The Justice Department’s Office of International Affairs, the Narcotic and Dangerous Drug Section’s Judicial Attaché Office in Bogota, and the U.S. Marshals Service provided significant assistance in securing the arrest and extradition of the defendant. The United States also thanks Colombian law enforcement authorities for their valuable assistance.
Assistant U.S. Attorney Dayron Silverio and Trial Attorneys Clayton O’Connor and Elizabeth Nielson of the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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 23-cr-20173.
###
Foreign National Extradited to the United States for Kidnapping and Assaulting U.S. Army Soldiers in ColombiaRead the Press Release
A Colombian national has been extradited from Colombia to the United States to face charges related to kidnapping and assaulting two U.S. Army soldiers who were on temporary duty in Bogota, Colombia.
Jeffersson Arango Castellanos made his initial court appearance today in the U.S. District Court for the Southern District of Florida.
According to court documents, Arango and his co-conspirators targeted, incapacitated, and kidnapped two U.S. soldiers in Bogota. The two victims were in an entertainment district in Bogota watching a sporting event on the evening of March 5, 2020. While at a pub in Bogota, the two victims lost consciousness until the following day, by which point they had been separated. Medical examinations later confirmed the presence of benzodiazepines in their systems. The defendants are alleged to have targeted the two victims at the pub, incapacitated them with drugs, and kidnapped them to acquire the victims’ valuables and credit and debit card information.
Arango and his co-conspirators are each charged with kidnapping an internationally protected person, conspiracy to kidnap an internationally protected person, assaulting an internationally protected person, and conspiracy to assault an internationally protected person. If convicted, they each face a maximum penalty of life in prison.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, 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.
The Justice Department’s Office of International Affairs, the Narcotic and Dangerous Drug Section’s Judicial Attaché Office in Bogota, and the U.S. Marshals Service provided significant assistance in securing the arrest and extradition of the defendant. The United States also thanks Colombian law enforcement authorities for their valuable assistance.
Trial Attorneys Clayton O’Connor and Elizabeth Nielson of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Dayron Silverio for the Southern District of Florida are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Federal jury convicts former Los Lunas High School coach on child pornography chargesRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that a federal jury returned a guilty verdict against Johnathon Bindues after less than three hours of deliberation. The jury convicted Bindues, 31, of Los Lunas, New Mexico, on one count each of coercion and enticement of a minor and production of child pornography. United States District Judge James O. Browning presided.
A federal grand jury indicted Bindues on March 23, 2022. According to the evidence at trial and other publicly available court records, Bindues used his former position at Los Lunas High School as the coach for the girls’ basketball and track teams to gain special access to minor females. The victim, identified as Jane Doe, was a freshman and a member of the teams Bindues coached. Between September 2020 and June 2021, Bindues exchanged over 17,000 text messages with the victim. Bindues requested nude images of Jane Doe and repeatedly encouraged her to delete text messages. After discovering sexually explicit messages on her daughter’s phone, Jane Doe’s mother reported the relationship to the New Mexico State Police.
“The exploitation of children requires decisive action. Those who seek to prey on children will stop at nothing to lull their victims into a false sense of trust and security,” said Amy Kaskel, FBI Acting Special Agent in Charge. “Thanks to the close collaboration with our partners at the New Mexico State Police, we were able to put a stop to the defendant’s activities. This man, who was entrusted to mentor young people, was in actuality a predator of vulnerable girls. Today’s conviction is one step closer to ensuring he won't be able to victimize children for years to come.”
“Our children deserve schools and sports free from sexual predation,” said U.S. Attorney Alexander M.M. Uballez. “I stand in awe of Jane Doe’s bravery, fortitude, and resilience. Her strength in facing her abuser and sharing her story is nothing short of heroic. Parents, teachers, and all members of our community must remain vigilant to protect our children from those who abuse their positions of authority.”
Bindues faces a minimum of 10 years and up to life in prison for coercion and enticement and a minimum of 15 years and up to 30 years in prison for production of child pornography. Upon his release from prison, Bindues would be subject to registration as a sex offender.
The FBI and New Mexico State Police investigated this case. Assistant United States Attorneys Jaymie L. Roybal and Patrick E. Cordova are prosecuting the case.
# # #
23-101
Federal Jury Convicts St. Louis County Man of Dealing Fatal Dose of Heroin and FentanylRead the Press Release
ST. LOUIS – A jury in U.S. District Court in St. Louis on Thursday found a man guilty of selling the heroin and fentanyl that killed a Florissant, Missouri man in 2018.
The jury found Wyland Kinney, 43, of St. Louis County, guilty of four felony counts: distribution of a controlled substance that resulted in death, two counts of distributing fentanyl and one count of being a felon in possession of a firearm.
In closing arguments Thursday, Assistant U.S. Attorney Kyle Bateman said the victim’s phone contained a series of texts and calls to Kinney on August 15 and 16 of 2018 in which the victim arranged to buy opiates from Kinney. Kinney sold heroin and fentanyl to the victim at 2:30 p.m. on August 16, 2018. The victim was living with his grandmother, who found him dead at about 8 p.m., 30 minutes after she’d last heard from him. An autopsy and toxicology results showed that the quantity of heroin and fentanyl individually was enough to kill him, Bateman said. Together they killed him quickly.
The victim had been battling heroin addiction and had just been in the hospital for treatment.
During the subsequent investigation, officers discovered the victim’s calls and texts to Kinney and learned Kinney’s name, then had a confidential informant purchase a mix of fentanyl and ketamine twice from Kinney, on October 11 and 12.
A court-approved search of Kinney’s home found two handguns, a shotgun, ammunition and $6,443 in cash in the basement and four handguns, four shotguns, two rifles an AK-style pistol and more ammunition inside a gun safe on the main floor. They also found text messages regarding drug sales on his phone.
At Kinney’s sentencing, he faces life in prison for the distribution resulting in death charge, up to 20 years on the other drug charges and up to 10 years on the gun charge.
The case was investigated by the Florissant Police Department and the Drug Enforcement Administration. Assistant U.S. Attorneys Kyle Bateman and Tiffany Becker are prosecuting the case.
Federal Jury Convicts Muskogee Resident of First-Degree Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Robert William Rainford, age 50, of Muskogee, Oklahoma was found guilty by a federal jury of one count of First-Degree Murder in Indian Country, one count of Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence, and one count of Causing Death with a Firearm.
The jury trial began with testimony on Monday, May 1, 2023, and concluded on Friday, May 5, 2023, with the guilty verdicts. Based on the verdicts, the defendant is facing a mandatory minimum sentence of life imprisonment.
During the trial, the United States presented evidence that on or about December 12, 2021, the defendant shot his 49-year old neighbor ten times and killed him. The defendant claimed insanity, arguing that he was involuntarily intoxicated on prescription Adderall at the time of the crime. The Government refuted this at trial, showing that while the defendant had used methamphetamine and abused his prescription Adderall, he understood the actions he took when he killed his neighbor.
The guilty verdicts were the result of an investigation by the Muskogee County Sheriff’s Office and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim in this case is a member of a federally recognized Indian tribe and the crimes occurred within the boundaries of the Muscogee (Creek) Nation Reservation.
The Honorable Margaret Strickland, U.S. District Judge in the United States District Court for the District of New Mexico, sitting by designation, presided over the trial and ordered the completion of a presentence report. The defendant was remanded to the custody of the United States Marshal pending sentencing.
Assistant United States Attorneys Kevin Gross and Ryan Bondura represented the United States at trial.
FACT SHEET: Justice Department Strengthens Efforts to Address the Crisis of Missing or Murdered Indigenous PersonsRead the Press Release
“The Justice Department is marshalling the full strength of its resources to confront the crisis of Missing or Murdered Indigenous Persons, which has devastated the lives of victims, their families, and entire Tribal communities. Addressing this crisis requires a whole-of-government approach, and we are grateful for the partnership of Tribal and other law enforcement agencies across the nation that are working alongside the Justice Department to help reduce crime and support victims in American Indian and Alaska Native communities.”
– Attorney General Merrick B. Garland
“Missing or Murdered Indigenous Persons Awareness Day calls on our nation to pause and honor the loved ones who have gone missing or who have been the victims of violent crime. Acknowledging the many American Indian and Alaska Native people who have suffered, and continue to suffer, from the pain of a missing loved one or of violent crime serves as an important reminder of the urgency and importance of the department’s work to respond to the crisis of missing or murdered indigenous persons. The Justice Department—including our dedicated agents, analysts, and prosecutors—remains steadfast in our pledge to work as partners with Tribal governments in preventing and responding to the violence that has disproportionately harmed Tribal communities.”
– Deputy Attorney General Lisa O. Monaco
“The Justice Department is committed to using every resource at its disposal to combat the Missing or Murdered Indigenous Persons Crisis. In addition to our core law-enforcement work, we are providing grant funding and guidance to help Tribes develop response plans for missing-persons cases, partner effectively with local law enforcement, and provide resources for victims of crime.”
– Associate Attorney General Vanita Gupta
The Justice Department joins its partners across the federal government, as well as people throughout American Indian and Alaska Native communities, in recognizing May 5 as National Missing or Murdered Indigenous Persons Awareness Day. Responding to the unacceptable levels of violence that have led to the crisis of Missing or Murdered Indigenous Persons (MMIP) is a priority of the Department of Justice every day.
The Department’s work to respond to the MMIP crisis is a whole-of-department effort that takes many forms. One year ago today, Deputy Attorney General Monaco joined Secretary of the Interior Deb Haaland to launch the Not Invisible Act Commission, a joint Commission established by the Not Invisible Act with an essential mission — to reduce violence against American Indians and Alaska Natives. In February, they welcomed the first in-person plenary meeting of the Not Invisible Act Commission. Since then, the Department’s representatives on the commission — who are Department leaders and subject matter experts — have participated in the Commission’s field hearings, which will continue through the summer. Later this year, the Commission will deliver recommendations for addressing the MMIP crisis to the Attorney General and the Secretary. In addition to supporting the Not Invisible Act Commission, the Department remains steadfast in its commitment to addressing the MMIP crisis.
Department Prioritization of MMIP Cases
In July 2022, Deputy Attorney General Monaco issued a memorandum reiterating that it is a priority of the Department of Justice to address the disproportionately high rates of violence experienced by American Indians and Alaska Natives, and relatedly, the high rates of indigenous persons reported missing. The memorandum directed each U.S. Attorney with Indian country jurisdiction — along with their law enforcement partners at the Justice Department — to update and develop new plans for addressing public safety in Indian country.
Publication of Updated Attorney General Guidelines for Victim and Witness Assistance
In October 2022, Attorney General Garland issued revised Attorney General Guidelines for Victim and Witness Assistance. The revised guidelines, which was updated for the first time in a decade, address when and how Department employees work with victims and witnesses of crime to ensure that their voices are heard and that they are protected during criminal justice proceedings. For the first time the guidelines include cultural and linguistic considerations for victims from American Indian and Alaska Native communities.
National Native American Outreach Services Liaison
Last year, the Department announced the creation of a new National Native American Outreach Services Liaison. Since that announcement, the Liaison has begun to help amplify the voice of crime victims in Indian country and their families across the Department as they navigate the federal criminal justice system. In the coming months, the Liaison will meet with survivors and family members of MMIP to learn more about the current challenges in MMIP cases and to make recommendations about the Department’s continued response.
Federal Law Enforcement Strategy to Prevent and Respond to the MMIP Crisis
In July 2022, the Department of Justice and the Department of the Interior submitted a report pursuant to Sections 2 and 4(a) of Executive Order 14053, which called for “coordinated and comprehensive Federal law enforcement strategy to prevent and respond to violence against Native Americans, including to address missing or murdered indigenous people where the federal government has jurisdiction.” The report was published late last year and is available on the department website here.
Guide for Tribal Community Response Plans for Missing Persons Cases
In December 2022, the Department published a Guide to Developing a Tribal Community Response Plan for Missing Persons Cases. This Guide is a resource for Tribes interested in developing a plan to respond to missing person cases that is tailored to the specific needs, resources, and culture of Tribal communities.
Launch of the COPS Office Tribal MOU/MOA Resource Library
On Monday of this week, the Department’s Office of Community Oriented Policing Services (COPS) published its Tribal Memorandum of Understanding (MOU)/Memorandum of Agreement (MOA) Sample Resource Library. This library provides users with the resources to research and successfully draft agreements that will help agencies develop and solidify partnerships to address missing or murdered Indigenous persons cases.
Expanded Scope of the Tribal Victim Services Set-Aside Grant Program
The department’s Office for Victims of Crime (OVC) expanded the scope of allowable activities under its Tribal Victim Services Set-Aside (TVSSA) grant program to permit Tribal communities to pay for costs related to generating awareness of individual missing persons cases involving American Indians and Alaska Native persons, supporting private search efforts for missing American Indians and Alaska Native persons in certain circumstances, and supporting efforts to coordinate the Tribal, state, and federal response to MMIP cases.
Government-to-Government Tribal Consultation on Violence Against Women
In September 2022, the Department’s Office of Violence Against Women (OVW) held the 17th Annual OVW Government-to Government Tribal Consultation on Violence Against Women in Anchorage, Alaska. OVW is responsible for conducting annual government-to-government consultations with the leaders of all federally recognized Indian Tribal governments on behalf of the Attorney General. The 2022 Tribal consultation report is available here.
National Institute of Justice Study of MMIP Cases in New Mexico
Last year, the Department’s National Institute of Justice (NIJ) funded a study that will provide vital information regarding the prevalence and context of cases of MMIP in New Mexico and, importantly, will inform long-term data collection, analysis, and reporting strategies on MMIP cases. These improvements will support data-driven decision-making regarding MMIP in New Mexico moving forward.
Additional Department of Justice Resources
For additional information about the Department of Justice’s efforts to address the MMIP crisis, please visit the Missing or Murdered Indigenous Persons section of the Tribal Safety and Justice website.
Click here for more information about reporting or identifying missing persons.
Extranjero extraditado a los Estados Unidos por secuestro y agresión a soldados del Ejército de los EE. UU. en ColombiaRead the Press Release
Un ciudadano colombiano ha sido extraditado de Colombia a los Estados Unidos para enfrentar cargos relacionados con el secuestro y agresión a dos soldados del Ejército de los EE. UU. que se encontraban en servicio temporal en Bogotá, Colombia.
Jeffersson Arango Castellanos hizo su primera comparecencia ante el tribunal hoy en el Tribunal de Distrito de los Estados Unidos para el Distrito Sur de Florida.
Según documentos judiciales, Arango y sus cómplices atacaron, incapacitaron y secuestraron a dos soldados estadounidenses en Bogotá. Las dos víctimas estaban en un distrito de entretenimiento en Bogotá viendo un evento deportivo en la noche del 5 de marzo de 2020. Mientras estaban en un bar en Bogotá, las dos víctimas perdieron el conocimiento hasta el día siguiente, momento en el que se separaron. Posteriormente, los exámenes médicos confirmaron la presencia de benzodiazepinas en sus sistemas. Se alega que los acusados atacaron a las dos víctimas en el pub, las incapacitaron con drogas y las secuestraron para adquirir los objetos de valor de las víctimas y la información de las tarjetas de crédito y débito.
Arango y sus cómplices están acusados de secuestrar a una persona protegida internacionalmente, conspiración para secuestrar a una persona protegida internacionalmente, agredir a una persona protegida internacionalmente y conspirar para agredir a una persona protegida internacionalmente. Si son declarados culpables, cada uno de ellos enfrenta una pena máxima de cadena perpetua.
El Fiscal General Adjunto Kenneth A. Polite, Jr. de la División Criminal del Departamento de Justicia, el Fiscal Federal Markenzy Lapointe para el Distrito Sur de Florida y el Agente Especial a Cargo Jeffrey B. Veltri de la Oficina Local del FBI en Miami hicieron el anuncio.
La Oficina de Asuntos Internacionales del Departamento de Justicia, la Oficina del Agregado Judicial de la Sección de Narcóticos y Drogas Peligrosas en Bogotá y el Servicio de Alguaciles de los EE. UU. brindaron asistencia significativa para asegurar el arresto y la extradición del acusado. Estados Unidos también agradece a las autoridades policiales colombianas por su valiosa asistencia.
Los abogados litigantes Clayton O'Connor y Elizabeth Nielson de la Sección de Derechos Humanos y Procesamientos Especiales de la División Criminal y el Fiscal Federal Auxiliar Dayron Silverio para el Distrito Sur de Florida están procesando el caso.
Una acusación es simplemente una acusación. Se presume que todos los acusados son inocentes hasta que se pruebe su culpabilidad más allá de toda duda razonable en un tribunal de jus
Extranjero extraditado a los Estados Unidos por secuestro y agresión a soldados del Ejército de los EE. UU. en ColombiaRead the Press Release
MIAMI – Un ciudadano colombiano ha sido extraditado de Colombia a los Estados Unidos para enfrentar cargos relacionados con el secuestro y agresión a dos soldados del Ejército de los EE. UU. que se encontraban en servicio temporal en Bogotá, Colombia.
Jeffersson Arango Castellanos hizo su primera comparecencia ante el tribunal hoy en el Tribunal de Distrito de los Estados Unidos para el Distrito Sur de Florida.
Según documentos judiciales, Arango y sus cómplices atacaron, incapacitaron y secuestraron a dos soldados estadounidenses en Bogotá. Las dos víctimas estaban en un distrito de entretenimiento en Bogotá viendo un evento deportivo en la noche del 5 de marzo de 2020. Mientras estaban en un bar en Bogotá, las dos víctimas perdieron el conocimiento hasta el día siguiente, momento en el que se separaron. Posteriormente, los exámenes médicos confirmaron la presencia de benzodiazepinas en sus sistemas. Se alega que los acusados atacaron a las dos víctimas en el pub, las incapacitaron con drogas y las secuestraron para adquirir los objetos de valor de las víctimas y la información de las tarjetas de crédito y débito.
Arango y sus cómplices están acusados de secuestrar a una persona protegida internacionalmente, conspiración para secuestrar a una persona protegida internacionalmente, agredir a una persona protegida internacionalmente y conspirar para agredir a una persona protegida internacionalmente. Si son declarados culpables, cada uno de ellos enfrenta una pena máxima de cadena perpetua.
El Fiscal Federal Markenzy Lapointe para el Distrito Sur de Florida, el Fiscal General Adjunto Kenneth A. Polite, Jr. de la División Criminal del Departamento de Justicia, y el Agente Especial a Cargo Jeffrey B. Veltri de la Oficina Local del FBI en Miami hicieron el anuncio.
La Oficina de Asuntos Internacionales del Departamento de Justicia, la Oficina del Agregado Judicial de la Sección de Narcóticos y Drogas Peligrosas en Bogotá y el Servicio de Alguaciles de los EE. UU. brindaron asistencia significativa para asegurar el arresto y la extradición del acusado. Estados Unidos también agradece a las autoridades policiales colombianas por su valiosa asistencia.
El Fiscal Federal Auxiliar Dayron Silverio y los abogados litigantes Clayton O'Connor y Elizabeth Nielson de la Sección de Derechos Humanos y Procesamientos Especiales de la División Criminal están procesando el caso.
Una acusación es simplemente una acusación. Se presume que todos los acusados son inocentes hasta que se pruebe su culpabilidad más allá de toda duda razonable en un tribunal de justicia.
Todos los documentos e información relacionada se pueden encontrar en el sitio web del Tribunal de Distrito, Distrito Sur de Florida en www.flsd.uscourts.gov o en http://pacer.flsd.uscourts.gov bajo el número de caso 23-cr-20173.
###
Drug Traffickers Plead Guilty to Execution-Style Murders of Two MenRead the Press Release
DETROIT – A Texas drug trafficker pleaded guilty yesterday to charges related to the murder of two men in Detroit and to conspiring to distribute over 50 kilograms of cocaine, United States Attorney Dawn N. Ison announced today. An Alabama co-conspirator pleaded guilty last week to the same charges.
Joining in the announcement were James A. Tarasca, Special Agent in Charge of the Detroit Field Office of the Federal Bureau of Investigation, and Special Agent in Charge Orville O. Greene, Drug Enforcement Administration, Detroit Field Division.
Mariano Garcia, age 53, of Brownsville, Texas, pleaded guilty before United States District Judge Terrence G. Berg. Co-defendant Michael Griffin, age 40, of Birmingham, Alabama, pleaded guilty before Judge Berg on April 28, 2023. Both men pleaded guilty to (1) conspiracy to possess with intent to distribute cocaine and heroin, (2) interstate travel with the intent to kill or injure where death resulted, and (3) interstate travel in aid of illegal activity where death resulted.
At their plea hearings, both Garcia and Griffin admitted to engaging in a long-term drug trafficking conspiracy involving cocaine supplied by Garcia in Texas and distributed by Griffin and others in Birmingham, Alabama, and Detroit, Michigan. At his plea, Garcia admitted to encouraging Griffin to travel from Alabama to Detroit to collect a drug debt from a Detroit-based member of the conspiracy. In December 2016, Griffin and another individual came to Detroit for the purpose of killing that member of the conspiracy. After coming to the conspirator’s home, Griffin and the other individual tied up and shot to death the Detroit-based co-conspirator and another man. They used pillows to muffle the sounds of the gunshots. At his plea, Garcia, who remained in Texas, also admitted he encouraged Griffin to hurt the co-conspirator to collect the drug debt. After the murders, Griffin and Garcia returned to their drug business. Garcia and Griffin also admitted that they had distributed between 50 and 150 kilograms of cocaine during the conspiracy.
“These two men murdered two people in cold blood in Detroit to further their cocaine trafficking conspiracy,” U.S. Attorney Ison stated. “We will not stop fighting until this kind of senseless violence is ended.”
Sentencing for Griffin and Garcia is set for September 21, 2023. Under the terms of the plea agreement, Griffin faces a sentence of 30 years in prison. Garcia faces a sentence of 25 years.
The case was investigated by special agents of the Federal Bureau of Investigation, Drug Enforcement Administration, and Detroit Police Department’s Homicide Task Force. It was prosecuted by Assistant U.S. Attorneys Rajesh Prasad and Robert Moran.
Deltona Man Indicted for Distributing, Receiving, and Possessing Child Sexual Abuse Images and Videos over the InternetRead the Press Release
Orlando, FL - United States Attorney Roger B. Handberg announces the return of an indictment charging Troy Mitchell McGowan (25, Deltona) with three counts of distributing child sexual abuse images and videos over the internet, two counts of receiving child sexual abuse images and videos over the internet, and one count possession of child sexual abuse images and videos. If convicted, McGowan faces a minimum mandatory sentence of 5 years, up to 20 years’ imprisonment, for each count of distributing and receiving child sexual abuse images and videos, and up to 20 years’ imprisonment for possessing child sex abuse images and videos.
According to court documents, McGowan used a particular chat application to download images and videos depicting children being sexually abused and distributed them over the internet. McGowan also distributed some of these materials to an undercover FBI agent.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Terry B. Livanos.
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 United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
DEA Operation Last Mile Disrupts Fentanyl Trafficking Fueled by the Sinaloa and Jalisco CartelsRead the Press Release
The Drug Enforcement Administration announced today the results of a year-long national operation, “Operation Last Mile,” targeting the trafficking of fentanyl and methamphetamine within the United States driven by the Sinaloa and Jalisco Cartels.
“The results of this operation – over 3,000 arrests and the seizure of almost 44 million fentanyl pills – demonstrate the Justice Department’s unrelenting commitment to working with our state and local partners to keep fentanyl out of our communities and save American lives,” said Attorney General Merrick B. Garland.
“The Sinaloa and Jalisco Cartels use multi-city distribution networks, violent local street gangs, and individual dealers across the United States to flood American communities with fentanyl and methamphetamine, drive addiction, fuel violence, and kill Americans,” said DEA Administrator Milgram. “What is also alarming — American social media platforms are the means by which they do so. The Cartels use social media and encrypted platforms to run their operations and reach out to victims, and when their product kills Americans, they simply move on to try to victimize the millions of other Americans who are social media users.”
Operation Last Mile comprised 1,436 investigations conducted from May 1, 2022, through May 1, 2023, in collaboration with federal, state and local law enforcement partners, and resulted in 3,337 arrests and the seizure of nearly 44 million fentanyl pills, more than 6,500 pounds of fentanyl powder, more than 91,000 pounds of methamphetamine, 8,497 firearms, and more than $100 million. The fentanyl powder and pill seizures equate to nearly 193 million deadly doses of fentanyl removed from communities across the United States, which have prevented countless potential drug poisoning deaths.
Among these investigations, more than 1,100 cases involved social media applications and encrypted communications platforms, including Facebook, Instagram, TikTok, Snapchat, WhatsApp, Telegram, Signal, Wire, and Wickr.
D.C. Area Man Pleads Guilty to Brandishing a Firearm in Connection with 2020 RobberyRead the Press Release
WASHINGTON – Christopher Hairston, 23, pleaded guilty today in U.S. District Court for the District of Columbia, to a felony count of brandishing a firearm during and in relation to a crime of violence, announced U.S. Attorney Matthew M. Graves, ATF Assistant Special Agent in Charge Michael Weddel, of the Washington Field Division, and Chief Robert J. Contee, III, of the Metropolitan Police Department. The plea was entered before the Honorable Randolph D. Moss, who scheduled sentencing for September 13, 2023.
Hairston admitted that on November 13, 2020, he arranged to buy marijuana from the victim. They met at a location in Northeast Washington, D.C. at which time Hairston stated he did not have enough money and had to get more. The victim agreed to go with Hairston to another location in Northeast. At this new location, Hairston entered the backseat of a vehicle where the victim was sitting. The two discussed a potential deal to purchase narcotics. Hairston then pulled out a handgun and demanded that the victim give him the bag of marijuana. After Hairston took the bag, he shot the victim in the torso and exited the vehicle. The victim was taken to the hospital and received surgery following the incident.
Hairston was arrested in October 2021 and has been detained ever since. He faces a statutory minimum of seven years of incarceration. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case is being investigated and prosecuted by Assistant U.S. Attorneys Solomon Eppel and Sitara Witanachchi of the Violence Reduction and Trafficking Offenses Section (VRTO) of the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by Assistant U.S. Attorneys Sarah Martin and Kristin Sourbeer and former Special Assistant U.S. Attorney Brian W. Lynch. The case is being investigated by the ATF’s Washington Field Division and the Metropolitan Police Department
Connecticut Psychologist Pays $658K to Settle Allegations She Received Payments from Medicare and Medicaid for Services Not ProvidedRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and William Tong, Connecticut Attorney General, today announced that Dr. EVELYN LLEWELLYN has entered into a civil settlement agreement with the federal and state governments in which she will pay $658,294 to settle allegations that she received payments from the Medicare and Medicaid programs for psychology services that were not provided.
Llewellyn is a psychologist licensed by the State of Connecticut. She is married to Dr. Michael Lonski, PhD, who is also a psychologist licensed by the State of Connecticut. Llewellyn and Lonski maintained separate medical practices in psychology operated out of their home offices in Greenwich. Lonski was responsible for submitting claims for reimbursement to insurance programs, including Medicare and Medicaid, for the psychology services allegedly performed by Lewellyn and Lonski.
The government alleges that Llewellyn received payment for claims submitted by Lonski to the Medicare and Medicaid programs for psychology services allegedly provided by Llewellyn to Medicare and Medicaid beneficiaries that were, in fact, not provided.
To resolve the governments’ allegations, Llewellyn has agreed to pay $658,294, which covers the time-period from November 11, 2014, through and including February 5, 2020.
On December 12, 2022, Lonski pleaded guilty in Hartford federal court to health care fraud. He is scheduled to be sentenced on June 12.
This matter was investigated by the Office of Inspector General for the Department of Health and Human Services and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorneys Richard M. Molot and Susan L. Wines, and by Assistant Attorney General Joshua Jackson of the Connecticut Office of the Attorney General.
People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS.
Colombian Nationals Sentenced for International Cocaine Distribution ConspiracyRead the Press Release
WASHINGTON – Mauricio Mazabel-Soto, 45, and Alfredo Molina-Cutiva, 53, both citizens of Colombia, were sentenced to 73 months and 70 months in prison, respectively, for conspiring to distribute large quantities of cocaine for importation into the United States, announced U.S. Attorney Matthew M. Graves and Drug Enforcement Administration (DEA) Acting Regional Director Omar Arellano.
In 2018, DEA agents began investigating large-scale drug traffickers with ties to the terrorist group known as the Revolutionary Armed Forces of Colombia (FARC). During a long-term investigation, defendant Mazabel-Soto represented himself as someone authorized to enter into large cocaine production agreements on behalf of the FARC and portrayed co-defendant Molina-Cutiva as being responsible for FARC drug trafficking logistics in southwestern Colombia. Additionally, the defendants represented that defendant Molina-Cutiva was responsible for all FARC cocaine laboratories in Huila and Caqueta, Colombia as well as transferring cocaine across the border with Ecuador for exportation north by way of the Pacific Ocean.
During a series of recorded meetings, defendants Mazabel-Soto and Molina-Cutiva offered to produce large quantities of cocaine for an individual they believed was representing a major Mexican drug cartel. In one particular meeting, the defendants proposed a business agreement wherein the Mexican cartel would invest $2 million (USD) in their business and the FARC would construct a cocaine laboratory for the cartel, where they would have exclusive rights to the production. The defendants stated that the first 1,000 kilograms produced would be free and the FARC would then produce an additional 1,000 kilograms of cocaine for the cartel every few weeks, at a cost of $1,600 (USD) per kilogram. The defendants agreed to place designer stamps on each kilogram of cocaine, including the logo for the Detroit Tigers Major League Baseball team.
In April 2019, in Bogota, Colombia, defendant Mazabel-Soto provided another individual with a five-kilogram “sample” of cocaine to demonstrate the quality. Mazabel-Soto accepted $11,000 (USD) for this sample delivery. DEA lab results show that the cocaine was 96% pure.
On June 25, 2019, defendant Mazabel-Soto was arrested in Colombia and, on April 16, 2021, was extradited to the United States; co-defendant Cutiva was arrested in Colombia on August 8, 2019 and, on January 25, 2021, was extradited to the United States. An additional co-defendant (Aldemar Soto-Charry) was arrested in Colombia on August 8, 2019, and is pending extradition.
Molina-Cutiva pleaded guilty in November 2022; Mazabel-Soto pleaded guilty in December 2022. As part of their plea agreements, the defendants agreed that they were accountable for conspiring to distribute at least 1,000 kilograms of cocaine, which quantity represented the total amount involved in their relevant criminal conduct
In announcing the sentence, U.S. Attorney Graves and DEA Acting Regional Director Arellano commended the work of those who investigated the case, including the DEA’s Bogota Country office, the FBI LEGAT Bogota, and the FBI Miami Field Office. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Kevin Rosenberg and Anthony Scarpelli, and former Assistant U.S. Attorney Lauren Goddard, of the Violence Reduction and Trafficking Offenses Section, who prosecuted the case.
Clay Man Pleads Guilty to Federal Drug and Gun ChargesRead the Press Release
SYRACUSE, NEW YORK – Eugene Gilbert, age 30, of Clay, New York pled guilty to distribution and possession with intent to distribute controlled substances, and possession of a firearm in connection with a drug trafficking crime, announced United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.
As part of his guilty plea, Gilbert admitted that on November 4, 2021, he led DEA Special Agents and other law enforcement officers on a high-speed vehicular chase on Interstate 81 as they attempted to execute search warrants on his vehicle, his person, and his residence in Clay, New York. Pursuing agents broke off the chase for reasons of public safety near Parish, New York. A short time later, Gilbert’s Dodge Ram pickup truck was discovered abandoned near the Village of Parish. Gilbert left a bag containing 50 grams of cocaine, 39 grams of cocaine base, and 6 grams of fentanyl, as well as a loaded 9mm pistol in a nearby dumpster, where they were recovered by DEA Special Agents. The defendant was later arrested on December 17, 2021, after a second vehicle pursuit through Syracuse, Dewitt, and on Interstate 81 after he fled from a United States Marshals Service Fugitive Task Force. As part of his guilty plea, Gilbert also admitted distributing fentanyl on four separate instances between October 14, 2021, and November 2, 2021.
Sentencing is scheduled for September 13, 2023, in Syracuse, New York, at which time Eugene Gilbert faces a maximum sentence of up to 20-years imprisonment for his distribution and possession with intent to distribute controlled substances, a 5-year mandatory consecutive sentence for his possession of a firearm in connection with a drug trafficking crime, a maximum fine of $1,000,000.00, and a post-prison term of supervised release of at least 3 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The United States Drug Enforcement Administration (DEA), the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Onondaga County District Attorney’s Office, the Syracuse Police Department, and the Metro-Jefferson Drug Task Force, assisted by the U.S. Border Patrol, the New York State Police, and the Oswego County Sheriff’s Office are investigating the case. Assistant U.S. Attorney Richard Southwick is prosecuting the case.
City of Shreveport Law Enforcement and Community Leaders Meet to Continue Developing Strategies to Fight Violent Crime through Public Safety PartnershipRead the Press Release
SHREVEPORT, La. - United States Attorney Brandon B. Brown announced that state, local, and federal law enforcement partners, along with other civic and community leaders from the Shreveport area held meetings this week to develop strategies together to help one another as the violent crime in the Shreveport area continues.
In October 2021, the City of Shreveport was chosen to participate in the National Public Safety Partnership with the U.S. Department of Justice (DOJ) and Bureau of Justice Assistance (BJA). The national PSP initiative that the City of Shreveport is involved in provides an innovative framework to enhance federal support of state and local law enforcement and prosecution authorities to reduce violent crime. The City of Shreveport was chosen to participate after an application was made in an effort to assist these leaders to fight violent crime. The PSP is a three-year program that is designed to promote interagency coordination between law enforcement agencies and to support communities that struggle with levels of violent crime far in excess of the national average and that would benefit from the DOJ’s support in developing their own capacities.
This week’s PSP Strategic Planning meeting was an opportunity for civic and community leaders, along with local and state law enforcement, as well as federal and state prosecutors, to get together in one room and make a list of problems to address and work on strategies to address those problems. This is one of the steps in the PSP process whereby all of these leaders get together and discuss problems, plans for solutions and strategies to address them and is a cooperative effort of these groups to continue to combat violent crime in the Shreveport area.
“I am excited to take advantage of the law enforcement and non-law enforcement expertise, experience and extensiveness of the DOJ’s Bureau of Justice Assistance (BJA) through its PSP program,” stated U.S. Attorney Brandon B. Brown. “The application process of Shreveport being designated as a PSP city was a very competitive process and we, along with the District Attorney’s office, Shreveport Police Department, Caddo Parish Sheriff’s Office, and our federal investigative agencies have been having law enforcement-based meetings with BJA for over a year leading up to this point. Now we’re ready for the next phase as we integrate relevant community partners such as Caddo Parish juvenile services, Shreveport city workforce development, Caddo Parish Schools, and other city/parish government related stakeholders. It is extremely refreshing to see the cohesion and support among our federal, state, and local partners as we proceed with formulating a violent crime prevention, rehabilitation and intervention approach going forward to supplement our law enforcement strategy.”
“The National Public Safety Partnership has assisted jurisdictions across America meet their most pressing violent crime challenges,” stated BJA’s Director Karhlton F. Moore. “This critical crime reduction program brings together components from across the Department of Justice to support local strategies designed to combat violent crime, strengthen communities, build bonds of trust, and deliver on the promise of public safety. The success of this program in Shreveport lies in the strong partnership between the community, Shreveport Police Department, United States Attorney for the Western District of Louisiana, and the Bureau of Justice Assistance.”
Shreveport Police Chief Wayne Smith commented: “Our community faces unique challenges with regard to crimes as do other cities across the country. I am very encouraged and embrace the greater possibilities and opportunities brought about by partnerships with our federal, state, local and community stakeholders to work together collaboratively and combine resources to improve the quality of life in Shreveport. We are much stronger together and this strategic planning session has helped all of us to establish agreed upon direction moving forward, along with strategies and action plans to accomplish a specific goal, which is safety in our community. I am eternally grateful to everyone that participated in this two-day strategic planning session for the Shreveport community.”
Caddo Parish Commissioner Stormy Gage-Watts stated: “Since receiving the award in 2021, we have worked collaboratively for solutions to improve our violent crime related issues. This opportunity has led us to develop and expand plans with our community stakeholders through prevention and implementation strategies. We are at a pivotal point in our history where we must maximize our strengths and acknowledge our challenges. Our mission is to make our communities safer by reducing our current statistics and providing hope for our future generations.”
Agencies in attendance at this week’s meetings included representatives from the Department of Justice’s Office of Justice Programs, Bureau of Justice Assistance, U.S. Attorney’s Office, Shreveport Police Department, Shreveport Mayor Tom Arceneaux, select Department Heads from the City of Shreveport, Caddo Parish Sheriff’s Office, Caddo Parish District Attorney’s Office, Caddo Parish Juvenile Court, Caddo Parish Commission, Shreveport Fire Department, Shreveport City Marshal, Caddo Parish School Board Security, Louisiana State Police, Ochsner LSU, FBI, ATF, DEA, and U.S. Marshal Service.
Regular monthly meetings will be held with these agencies and civic and community groups to address violent crime strategies from a law enforcement standpoint and a non-law enforcement standpoint. Some of the strategies include rehabilitation efforts and reentry of offenders back into the community.
In addition to leadership from local and federal partners, DOJ dedicates specific individuals to support each PSP site throughout the three-year engagement, to include a retired law enforcement executive, a DOJ Program Office Champion to serve as the point of contact for the site, federal law enforcement partners, and a program advisor. PSP federal law enforcement partners include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), and U.S. Marshals Service (USMS).
PSP serves as a Department of Justice Department initiative that enables communities to receive coordinated training and technical assistance and an array of resources from the Department’s programmatic and law enforcement components. In addition to Shreveport, Louisiana, the other sites that were selected included: Antioch, California; Aurora, Colorado; Chattanooga, Tennessee; Gary, Indiana; Louisville, Kentucky; North Charleston/ Charleston, South Carolina; Philadelphia, Pennsylvania; Phoenix, Arizona; and Richmond, Virginia.
# # #
Child Predator Charged with Conspiring to Produce Child Pornography as part of an International Sex Trafficking InvestigationRead the Press Release
DETROIT – A Canton, Michigan man who texted instructions to a known sex trafficker in the Philippines detailing the type of child sexually abusive material he wanted to watch live over a webcam, was charged yesterday in a seven count indictment for conspiring to produce child pornography and related offenses, United States Attorney Dawn N. Ison announced. Lowe is the 112th person arrested as part of an international sex trafficking investigation which has spanned nearly 10 years.
Ison was joined in the announcement by Angie M. Salazar, Special Agent in Charge of Homeland Security Investigations (HSI), Detroit Field Office.
Charles Calahan Lowe, age 49, exchanged over 1,600 text messages with the known sex trafficker and paid her $30 to $40 for live “shows” of young girls, some as young as three, who were abused in real time to create sexually explicit videos and images shared over Skype. Law enforcement learned of Lowe’s existence when they executed a federal search warrant on the trafficker’s Skype account and unearthed the detailed text messages. Lowe sent wire payments for the child sexually abusive material over Western Union at Rite Aid stores near his residence in order to avoid detection by his wife. The trafficker has since been arrested and charged overseas.
Lowe is charged in a seven-count indictment with conspiracy to produce child pornography, production of child pornography, attempted production of child pornography, receipt of child pornography, and possession of child pornography. Conspiracy to produce child pornography and production of child pornography carry a mandatory minimum sentence of 15 years up to 30 years. Receipt of child pornography carries a mandatory minimum sentence of 5 years up to 20 years. Possession of child pornography involving a prepubescent minor victim or a minor who has not reached the age of 12 carries a maximum sentence of 20 years.
“The live sexual abuse of children over the internet is a heinous crime. We will continue to prosecute those who perpetrate these crimes against the most innocent and vulnerable members of society, wherever it is produced, to the fullest extent of the law,” U.S. Attorney Ison said.
“The work to hold these predators accountable requires international cooperation at multiple levels as well as with our U.S. law enforcement partners,” said HSI Detroit Special Agent in Charge Angie M. Salazar. “HSI is committed to identify and investigate U.S. citizens who seek to exploit children in the United States or abroad and will work with partners to ensure they face the consequences of their actions.”
An indictment is only a formal charging document and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
This case was investigated by HSI Portland, Maine, HSI Detroit, and the Michigan State Police.
The case is being prosecuted by Assistant U.S. Attorneys Rosemary Wummel Gardey and Cassie Resposo.
California man admits receiving child pornography while living in MissoulaRead the Press Release
MISSOULA — A California man today admitted to receiving child pornography of a minor girl he befriended while living in Missoula, U.S. Attorney Jesse Laslovich said.
Bobby Manuel Argo, 23, pleaded guilty to receipt of child pornography. Argo faces a mandatory minimum of five years to 20 years in prison, a $250,000 fine and a lifetime of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for Sept. 13 before U.S. District Judge Donald W. Molloy. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Argo was detained pending further proceedings.
In court documents, the government alleged that between 2021 and early 2022, Argo was living in Missoula and befriended Jane Doe 1, a girl who was under the age of 18. Jane Doe 1 confided in Argo that someone online was coercing her to send sexually explicit images of herself. Argo offered to help Jane Doe 1 and asked her to get him in touch with her extortioner. Instead of helping, Argo messaged the perpetrator separately and offered to assist him in further extorting Jane Doe 1 for explicit images of herself and others. In January 2022, law enforcement identified the perpetrator and, during a search of his social media account, learned he had been communicating with Argo about Jane Doe 1 and sharing explicit images of her with Argo. Law enforcement executed search warrants of Argo’s social media account, his residence in California and cell phone and found a video of Jane Doe 1 engaged in sexually explicit content that he had received through the internet while he was still in Missoula.
Assistant U.S. Attorney Benjamin D. Hargrove is prosecuting the case, which was investigated by Homeland Security Investigations and the Missoula Police Department.
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.
XXX
California Man Faces Federal Drug Charges After Arranging Sale of 80,000 Fentanyl Pills and 66 Pounds of MethamphetamineRead the Press Release
PORTLAND, Ore.—A San Jose, California man is facing federal drug trafficking charges after he arranged the sale of approximately 80,000 counterfeit oxycodone pills containing fentanyl and 66 pounds of methamphetamine.
Oscar Manuel Rosas Gaona, 20, has been charged by criminal complaint with conspiring to possess and possessing with intent to distribute fentanyl and methamphetamine.
According to court documents, in April 2023, special agents from Homeland Security Investigations (HSI) arranged to purchase 10,000 counterfeit oxycodone pills containing fentanyl for 70 cents per pill. On April 14, 2023, the agents, working in partnership with the Clackamas County Interagency Task Force (CCITF), completed the arranged purchase with Rosas.
As the investigation continued, a second purchase from Rosas was organized and, on April 27, 2023, agents obtained an additional 70,000 fentanyl pills. The next day, on April 28, 2023, Rosas began arranging the delivery and sale of 65 pounds of methamphetamine. By May 4, 2023, the methamphetamine had arrived in Oregon and was seized by law enforcement. Rosas was taken into custody the same day.
Rosas made his initial appearance in federal court today before U.S. Magistrate Judge Jeffrey Armistead. He was ordered detained pending further court proceedings.
This case was investigated by HSI and CCITF. It is being prosecuted by Scott M. Kerin, Assistant U.S. Attorney for the District of Oregon.
CCITF, led by the Clackamas County Sheriff’s Office, works to disrupt and dismantle drug trafficking organizations operating in Clackamas County, and reduce illegal drugs and related crimes throughout the community. The task force is comprised of members of the Clackamas County Sheriff’s Office, Canby Police Department, Oregon State Police, HSI, and FBI.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Billings man sentenced to five years in prison for attempted transfer of obscene material to a minorRead the Press Release
BILLINGS — A Billings man convicted in an undercover sting operation to identify and arrest persons who were attempting to have sex with children was sentenced today to five years in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.
Thomas Clay Sebastian, 25, pleaded guilty in June 2022 to attempted transfer of obscene material to a minor.
U.S. District Judge Susan P. Watters presided.
The government alleged in court documents that in October 2021, law enforcement conducted an undercover sting operation in Billings to identify and arrest individuals who were attempting to have sex with children. Sebastian responded to an undercover post and began corresponding with a fictitious 13-year-old girl. Sebastian engaged in a sexual conversation with the undercover and asked whether the girl would engage in intercourse with him. The undercover agreed if Sebastian brought condoms and plans were made to meet in a park. Law enforcement arrested Sebastian when he arrived at the location. Sebastian later acknowledged that it was wrong to for him to chat with the undercover about sex and that he thought “maybe I’ll get away with it one time.”
Assistant U.S. Attorney Julie R. Patten prosecuted the case, which was investigated by the FBI.
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.
XXX
Baton Rouge Man Sentenced to 82 Months in Federal Prison for Gun and Drug PossessionRead the Press Release
United States Attorney Ronald C. Gathe, Jr., announced that U.S. District Judge John W. deGravelles sentenced Travis Odale Henderson, age 39, of Baton Rouge, Louisiana, to 82 months in federal prison following his convictions for possession of methamphetamine and possession of a firearm by a convicted felon. The Court further ordered Henderson to serve three years of supervised release following his term of imprisonment, pay a $5,000 fine, and forfeit the firearm involved.
According to admissions made as part of his guilty plea, on October 15, 2021, East Baton Rouge Sheriff’s deputies responded to a citizen complaint involving Henderson. When the deputies contacted Henderson and conducted a pat down for officer safety, they discovered pills containing methamphetamine and a loaded .38 caliber revolver in his possession.
Henderson had previously been convicted in Franklin Parish of distribution of cocaine (2008) and distribution of methamphetamine (2017).
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the East Baton Rouge Parish Sheriff’s Office, with assistance from the Louisiana State Police Crime Laboratory. This case was prosecuted by Lyman E. Thornton III, Assistant United States Attorney.
Allen Man Sentenced for Attempted Receipt of Child PornographyRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced an Allen, South Dakota, man convicted of Attempted Receipt of Child Pornography. The sentencing took place on April 28, 2023.
Kordelle Running Hawk, 24, was sentenced to five years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Running Hawk will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.
Running Hawk was indicted for Attempted Enticement of a Minor Using the Internet by a federal grand jury in August of 2022. He pleaded guilty on January 6, 2023.
Running Hawk was arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2022 Sturgis Motorcycle Rally, targeting internet predators. Following multiple sexually explicit chats and text messages with a person Running Hawk believed to be a 14-year-old girl, but who was in fact an undercover agent, Running Hawk proceeded to negotiate a time and place he would meet the minor to engage in unlawful sex acts. When Running Hawk went to the pre-determined location to meet the minor, he was instead met by law enforcement agents and placed under arrest.
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 the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, and Homeland Security Investigations. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Running Hawk was immediately remanded to the custody of the U.S. Marshals Service.
Additional Tangipahoa Parish Residents Sentenced in Jungle Life Mafia Street Gang ProsecutionRead the Press Release
NEW ORLEANS, LOUISIANA – JERALD ALEXANDER, age 38, a Tangipahoa Parish resident, was sentenced on May 4, 2023, to 87 months imprisonment, 5 years of supervised release, and a $400 mandatory special assessment fee by U.S. District Judge Jay C. Zainey, announced U.S. Attorney Duane A. Evans. ALEXANDER previously pled guilty to conspiracy to distribute marijuana, possession with intent to distribute marijuana, possession of a firearm in furtherance of a drug trafficking crime and being a felon in possession of a firearm.
STAR ROBICHAUX, age 43, a Tangipahoa Parish resident, was sentenced on April 25, 2023, to 22 months imprisonment, 5 years of supervised release, and a $100 mandatory special assessment fee. ROBICHAUX previously pled guilty to conspiracy to distribute 400 grams or more of fentanyl and 1 kilogram or more of heroin.
According to court documents, Drug Enforcement Administration (“DEA”) agents began investigating the drug trafficking activities of the Jungle Life Mafia street gang in Tangipahoa Parish, Louisiana in 2019. The investigation spanned two years. JERALD ALEXANDER served as the marijuana source of supply for multiple co-conspirators, including MICHAEL ALEXANDER, SR., ATRELL ANDERSON, and TERRELL HAYNES. DEA agents executed a search warrant at his residence which resulted in the seizure of 10 pounds of marijuana, $290,339 in U.S. currency, and a Palmetto Arms, Model PA-15, multi-caliber pistol.
Pursuant to a traffic stop, ROBICHAUX was found to be in possession of four ounces of heroin mixed with fentanyl that she planned to deliver to co-conspirator TERRELL HAYNES.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
This case is part of 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.
This case was investigated by the federal Drug Enforcement Administration, Hammond Police Department, Tangipahoa Parish Sheriff’s Office, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Twenty-First Judicial District Attorney’s Office, Twenty-Second Judicial District Attorney’s Office, Jefferson Parish Sheriff’s Office, and the U.S. Marshals Service. The prosecution is being handled by Assistant United States Attorney J. Benjamin Myers of the Narcotics Unit.
Activity in the U.S. Attorney's OfficeRead the Press Release
Child Pornography
Gregory Scott Gage. Jr. age 30, of Casper, Wyoming, was sentenced on May 2, 2023, for access with intent to view child pornography. Chief District Court Judge Scott W. Skavdahl imposed a sentence of time served with 10 years of supervised release, $12,000 in restitution and a $100 special assessment. The crime was investigated by the Wyoming Division of Criminal Investigation Internet Crimes Against Children Task Force and prosecuted by Assistant U.S. Attorney Christine M. Martens.
Firearm Offenses
Christopher Leroy Gaiter, age 34, of Casper, Wyoming, was sentenced on May 4, 2023, for being a felon in possession of a firearm. U.S. District Court Judge Alan B. Johnson sentenced Gaiter to 57 months in prison with three years of supervised release and a $100 special assessment. The crime was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Jonathan C. Coppom prosecuted the case.
A Utah Man is Charged After Allegedly Firing Shots Outside a Federal CourthouseRead the Press Release
Salt Lake City, Utah – A federal grand jury in Utah returned an indictment charging a Salt Lake City man after he allegedly brandished a gun and began firing the weapon outside the United States District Courthouse in downtown Salt Lake City.
FBIAccording to court documents, on April 30, 2023, Sione Pouha, aka “C Roc aka “Chub Roc,” 40, of Salt Lake City, Utah was allegedly spotted on surveillance video walking outside the Orrin G. Hatch U.S. Courthouse behind another group of people when he produced a firearm and began shooting. The defendant then fled from the scene but was apprehended by police officers nearby. At the scene, multiple .45 caliber casings were recovered, and a .45 caliber semi-automatic pistol was located along the path Pouha fled. The firearm had been reported stolen to Unified Police in 2021.
Pouha is charged with felon in possession of a firearm and ammunition. The defendant had his initial court appearance May 5, 2023, before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
FBIU.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
The case is being investigated by an FBI Task Force Officer with the Salt Lake City Police Department.
Assistant U.S. Attorneys, Victoria K. McFarland and Seth Nielsen of the District of Utah are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Thursday 4 May 2023
Zuni Man Pleads Guilty to Voluntary ManslaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Brian Wallace pled guilty to voluntary manslaughter. Wallace, 44, of Zuni, New Mexico, and an enrolled member of the Zuni Pueblo, will remain in custody pending sentencing, which has not been scheduled.
In his plea agreement, Wallace admitted that he killed the victim, identified as John Doe, sometime between July 5, 2022, and August 9, 2022, and buried him in a shallow grave in the backyard of a friend’s house. In October of 2022, Wallace informed law enforcement of what had happened and where John Doe’s body was located. The body was recovered and the Office of Medical Investigator determined that John Doe had died from blunt force trauma to his chest.
By the terms of the plea agreement, Wallace faces up to 12 years in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from Zuni Police Department. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
# # #
23-97
Warren County man sentenced to 12 years in prison for trafficking methamphetamineRead the Press Release
AUGUSTA, GA: A Warren County man was sentenced to federal prison after pleading guilty to trafficking methamphetamine into the Southern District.
Michael Shane Jenkins, 44, of Warrenton, Ga., was sentenced to 144 months in prison after pleading guilty to Possession with Intent to Distribute Methamphetamine, said Jill E. Steinberg, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge Dudley H. Bowen also fined Jenkins $2,000 and ordered him to serve five years of supervised release upon completion of his prison term. There is no parole in the federal system.
“Methamphetamine and other illegal and highly addictive drugs are a scourge to our communities,” said U.S. Attorney Steinberg. “With the help of our law enforcement partners, we will hold accountable those who bring these deadly substances into the Southern District of Georgia.”
As described in court documents and testimony, Jenkins came to the attention of the FBI in November 2021 when investigators learned that Jenkins was distributing methamphetamine in Warren and McDuffie counties, making frequent trips to the Atlanta area to resupply. In March 2022, Jenkins was arrested during a traffic stop while returning from one of those trips when Georgia State Patrol troopers found a quantity of methamphetamine in his vehicle that later tested at a high level or “ice” purity.
During a subsequent search of Jenkins’ residence, investigators found more methamphetamine, along with multiple firearms, ammunition, and high-capacity magazines.
“The FBI is dedicated to protecting the people of Georgia from the dangers of drug trafficking and the related crimes that result from it,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “This lengthy sentence demonstrates how seriously we take drug trafficking, and that we will do everything in our power to hold accountable those who are delivering dangerous drugs into our neighborhoods.”
The case was investigated by the FBI, with assistance from the U.S. Drug Enforcement Administration and the Georgia State Patrol, and prosecuted for the United States by Assistant U.S. Attorney Jeremiah L. Johnson.
Virginia Woman Sentenced to Prison for Fraudulently Ordering Cell Phones on Behalf of Her Non-Profit Employer and Reselling Them for CashRead the Press Release
WASHINGTON – Celeste Santifer, 56, of Alexandria, Virginia, was sentenced today in U.S. District Court for the District of Columbia to 41 months in prison for committing wire fraud, announced U.S. Attorney Matthew M. Graves and Special Agent in Charge Wayne A. Jacobs of the FBI Washington Field Office Criminal and Cyber Division.
Santifer was a former employee of the YMCA of Metropolitan Washington (“YMCA-DC”), which is a non-profit organization with 16 branches and program centers in the District of Columbia and greater Washington, D.C. area. Santifer worked as an office manager at YMCA-DC from approximately 2007 until her termination in May of 2019. While working at the YMCA-DC, Santifer devised a scheme to defraud by taking advantage of an arrangement with Verizon Wireless (“Verizon”) to sell YMCA-DC, as a non-profit organization, cell phones for its employees at a discounted price. From at least January 2016 through April 2019, Santifer placed online orders for discounted cell phones from Verizon that she personally received, disconnected from service, and sold to companies that buy and sell new or slightly used phones. Santifer ultimately ordered over 1,000 phones purportedly for YMCA-DC employees that she sold to third-party companies for money. The value of the phones to Verizon was $618,090.
Santifer pleaded guilty on October 3, 2022 before U.S. District Court Judge Royce C. Lamberth. In addition to the prison term, Judge Lamberth ordered restitution of $618,090, and three years of supervised release.
In announcing the sentence, U.S. Attorney Graves and Special Agent in Charge Jacobs commended the work of those from the FBI’s Washington Field Office who investigated the case. They also expressed appreciation to Paralegal Specialist Michon Tart. Finally, they commended the work of Assistant U.S. Attorneys Christine Macey, who prosecuted the case, and Kathryn Rakoczy, who investigated the case.
Veterans Affairs Medical Center doctor accused of sexually assaulting female veteran patientsRead the Press Release
ATLANTA - Rajesh Motibhai Patel, a primary care physician at the Veterans Affairs Medical Center in Decatur, Georgia, has been indicted on multiple counts of violating his patients’ constitutional right to bodily integrity while acting under color of law and for engaging in unwanted sexual contact.
“Our Veterans have made incredible sacrifices for our country and deserve the best medical treatment and highest quality of care,” said U.S. Attorney Ryan K. Buchanan. “Patel allegedly sexually abused his female patients and violated his oath to do no harm to patients under his care.”
“Veterans and their families expect and deserve the highest quality of health care delivered in a safe and accountable setting,” said VA Inspector General Michael J. Missal. “The VA Office of Inspector General is committed to working with our law enforcement partners to ensure the safety of those who entrust their health care to the providers and staff at VA’s 1,200 medical facilities.”
According to U.S. Attorney Buchanan, the charges, and other information presented in court: Between 2019 and 2020, Rajesh Motibhai Patel, a physician at the Veterans Affairs Medical Center, allegedly assaulted four of his female patients during routine exams, groped their breasts, and improperly touched their vaginal area.
Investigators believe that Dr. Rajesh Motibhai Patel, 68, of Lilburn, Georgia, may have victimized additional patients. If you have information related to Dr. Patel that could further the investigation, or if you suspect that a particular person may have been one of his victims, please call the VA-OIG tipline at (770) 758-6646.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Department of Veterans Affairs, Office of Inspector General.
Assistant U.S. Attorneys Erin N. Spritzer and Jennifer Keen are prosecuting 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.
University Professor Indicted for Trafficking Images of Child Sex AbuseRead the Press Release
FRESNO, Calif. — A federal grand jury returned an indictment today against Rodger Githens, 45, of West Sacramento, charging him with receipt and distribution of images of a minor engaged in sexually explicit conduct, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in late March 2023, Githens, using the profile “Tall laid back,” initiated contact with an account on the Grindr app controlled by an undercover FBI agent. Githens encouraged the undercover FBI agent to establish an account with the Telegram app, since it was considered more secure. Githens several times discussed traveling to Fresno to meet the agent and a supposed 7-year-old niece for sexual purposes, but law enforcement served a search warrant at Githens’s residence on April 19, 2023, and seized multiple electronic devices. Agents discovered numerous Telegram chats on Githens’s phone, including several in which he was exchanging and commenting on videos of young children being sexually abused.
This case is the product of an investigation by the Federal Bureau of Investigation with assistance from the West Sacramento Police Department. Assistant U.S. Attorney David Gappa is prosecuting the case.
If convicted, Githens faces five to 20 years in prison, a fine of up to $250,000, a lifetime of supervised release, and forfeiture of any property used to facilitate commission 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.
United States Secret Service Seizes More Than $290,000 in Elder Fraud ScamRead the Press Release
Spokane, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today the seizure of $290,399.73 by the U.S. Secret Service in an alleged elder fraud scam.
The seizure arises from an alleged online scam which targeted an elderly couple residing in the Wenatchee area. The alleged perpetrator befriended the couple through “WhatsApp” and claimed to be a 35-year old traveling musician. Over the course of two years, the alleged perpetrator persuaded the couple to send more than $20,000. Then, in February 2023, the alleged perpetrator convinced the couple to do a “cash out refinance” of their residence. The alleged perpetrator told the couple the funds would be used to participate in a real estate investment, with a promise of big investment returns.
The alleged perpetrator was able to induce the couple to obtain the cash out refinance mortgage for their residence, transfer the funds to a title company, and attempted to have the funds sent to the alleged perpetrator’s bank account. However, when one of the victims went to a local Wenatchee title company to complete the transaction, the CEO of the title company became suspicious and contacted law enforcement. The U.S. Secret Service subsequently seized the entirety of the funds, $290,399.73, before the alleged perpetrator was able to access the account. The forfeited property will be returned to the victim through a process known as remission. No criminal charges have been filed at this time related to the seizure.
“Financial fraud schemes targeting the elderly are reprehensible. With our increasing use and dependency on technology, fraudsters have found new ways to target and scam unsuspecting Americans,” said U.S. Attorney Vanessa R. Waldref. “The public can be assured that our office is committed to investigating and prosecuting financial fraud scams, especially those that impact the elderly. We will continue to work diligently with our law enforcement partners to vigorously prosecute those who engage in financial fraud, and to strengthen our communities by protecting our elderly and vulnerable citizens.”
“This case represents a significant result in our continuing efforts to combat elder fraud and the victimization of the most vulnerable members of the U.S. public,” said Greg Ligouri, Resident Agent in Charge of the Spokane Office of the U.S. Secret Service. “The U.S. Secret Service is proud to have contributed to this result and will be relentless in protecting American citizens from fraud.”
“I commend the members of the Wenatchee community who took it upon themselves to look out for the elderly and vulnerable and affirmatively reached out law enforcement to protect them from fraud,” said U.S. Attorney Waldref. “I also commend the stellar investigative work and quick intervention by the U.S. Secret Service.”
This case was investigated by the U.S. Secret Service, Spokane Resident Office, and Assistant United States Attorney Brian M. Donovan is prosecuting this case on behalf of the United States.If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
More information about the Department’s efforts to help American seniors is available at its Elder Justice Initiative webpage at https://www.justice.gov/elderjustice. For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. The Department of Justice provides information about a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which are available at https://www.ovc.gov.
The allegations set forth herein are merely allegations, and all potential defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Union County Man Admits Receiving Child PornographyRead the Press Release
NEWARK, N.J. – A Union County, New Jersey, man today admitted receiving videos and images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced.
Joshua Cremosnik, 49, of Rahway, New Jersey, pleaded guilty by videoconference before U.S. District Judge Julien Xavier Neals to an information charging him with one count of receipt of child pornography.
According to documents filed in this case and statements made in court:
From April to August 2021, Cremosnik received videos of child sexual abuse via a publicly available online peer-to-peer (P2P) file-sharing program. Subsequent to a lawful search of his residence, law enforcement officers recovered numerous videos and images of child sexual abuse on Cremosnik’s laptop and electronic storage media. Cremosnik acknowledged using the P2P network to request and receive child pornography materials and stored those materials on his laptop and electronic storage media.
The count of receipt of child pornography carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years in prison, and a fine of $250,000. Sentencing is scheduled for Oct. 5, 2023.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Farhana C. Melo of the Criminal Division in Newark.
cremosnik.information.pdfU.S. Attorney’s Office Observes National Police Week 2023: Honoring and Remembering Our Fallen Law Enforcement OfficersRead the Press Release
SACRAMENTO, Calif. — Again this year, communities across the United States will come together during National Police Week to honor and remember those law enforcement officers who made the ultimate sacrifice, as well as the family members, friends and fellow officers they left behind.
This year, the names of 556 officers killed in the line of duty are being added to the National Law Enforcement Officers Memorial in Washington, DC. These 556 officers include 224 officers who were killed during 2022, plus 332 officers who died in previous years, but whose stories of sacrifice had been lost to history until now.
The fallen officers honored this year include Officer Tyler Lenehan of the Elk Grove Police Department and Officer Gonzalo Carrasco Jr. of the Selma Police Department. On Jan. 21, 2022, Officer Lenehan, while riding his department-issued motorcycle, was struck and killed by a wrong-way driver on Highway 99 near 47th Avenue in Sacramento. On Jan. 31, 2023, Officer Carrasco was shot and killed in the line of duty when he was flagged down by a homeowner regarding a suspicious man on her property. As Carrasco approached, the 23-year-old man immediately fired several shots, striking and killing Officer Carrasco.
“This is a time for all of us as Americans to honor and pay tribute to our law enforcement heroes who gave the ultimate sacrifice in the line of duty protecting our communities and our country. We keep the families, friends and fellow officers of these heroes in our hearts and minds,” said U.S. Attorney Phillip A. Talbert. “We will never forget their sacrifice.”
May 7 Candlelight Vigil, May 8 Enrollment Ceremony in Sacramento
All fallen California law enforcement officers will be remembered during the California Peace Officers’ Memorial Ceremonies. A Candlelight Vigil will be held on Sunday, May 7 at 8:30 p.m., and the Enrollment Ceremony will take place on the next morning at 10:30 a.m. U.S. Attorney Talbert and many law enforcement officers from around the state will be in attendance during the Enrollment Ceremony on Monday. Both events will be held at the California Peace Officers’ Memorial Monument at 10th Street and Capitol Mall in Sacramento. Individual agencies will also be conducting their own ceremonies during this time period to remember their fallen heroes.
May 11 CHP Unveiling Ceremony in Fresno
U.S. Attorney Talbert will also attend the unveiling ceremony of the Central Division Officer Down Memorial in Fresno on May 11 at 11:00 a.m. This event is hosted by the California Highway Patrol.
In addition to Officers Lenehan and Carrasco, nine California peace officers who gave the ultimate sacrifice in 2022 will be honored and enrolled during this year’s ceremony. For more information on the California memorial events go to www.camemorial.org.
May 13 Candlelight Vigil in Washington, DC with live webcast
The names of fallen officers nationwide will be formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 35th Annual Candlelight Vigil on the evening of May 13, 2023. So that people across the country can experience this unique and powerful ceremony, the vigil will be webcast live over the internet beginning at 5:00 p.m. (PDT).
U.S Attorney Will Thompson Invites Survivors and Loved Ones to Crime Victims Assistance Awards Ceremony on May 9, 2023Read the Press Release
CHARLESTON, W.Va. – United States Attorney Will Thompson is inviting survivors and their loved ones to the 2023 Crime Victims Assistance Awards Ceremony on Tuesday, May 9, 2023, at 10 a.m. at the West Virginia State Capitol.
The ceremony is part of Operation Reach Out and follows up on National Crime Victims’ Rights Week. This year’s theme is “Survivor Voices: Elevate. Engage. Effect Change,” which calls upon communities to amplify the voices of survivors and commit to creating an environment where survivors have the confidence that they will be heard, believed, and supported.
The May 9 ceremony will feature a special Tree of Remembrance. Victims and survivors are encouraged to sign cards and place them on the tree as part of the ceremony in remembrance of a loved one or for themselves as a survivor. Cards will be available at the ceremony and are also on the National Crime Victims’ Rights Week resource page of the Southern District of West Virginia website: https://www.justice.gov/usao-sdwv/national-crime-victims-rights-week.
The ceremony’s featured speakers include Kanawha County Circuit Judge Tera Salango, whose brother was murdered when she was 16, and Angie Conn, a human trafficking survivor, victim advocate and founder of SheWhoDares Consulting LLC. Several individuals and organizations will be honored for their service, support and advocacy on behalf of crime victims and survivors.
The ceremony will be held on the south steps of the West Virginia Capitol, near Kanawha Boulevard, or outside the Senate Chamber in the event of inclement weather.
Operation Reach Out is a collaborative effort involving local advocacy programs that raise awareness of National Crime Victims’ Rights Week and of the various organizations that provide services to crime victims. The Department of Justice’s Office for Victims of Crime, within the Office of Justice Programs, leads communities across the country in observing National Crime Victims’ Rights Week. In 1981, President Ronald Reagan proclaimed the first National Crime Victims’ Rights Week to bring greater sensitivity to the needs and rights of victims of crime.
More information about the Office of Justice Programs and its components can be found at www.ojp.gov. More information about Crime Victim’s Rights Week can be found at https://ovc.ojp.gov/program/national-crime-victims-rights-week/overview.
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.
###
Two Men Indicted for Assaulting Correctional Officers at U.S. Penitentiary AtwaterRead the Press Release
FRESNO, Calif. — A federal grand jury returned an indictment today against Daniel Higgins, 38, of Morro Bay, and Austin Noblitt, 33, of Portland, Oregon, charging each with two counts of assault on a federal officer, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Nov. 21, 2022, Higgins and Noblitt assaulted two Federal Bureau of Prisons correctional officers at U.S. Penitentiary (USP) Atwater in Merced County. Higgins and Noblitt punched the officers repeatedly on their heads and torsos, causing bodily injuries to both officers.
This case is the product of an investigation by the Federal Bureau of Investigation. Special Assistant U.S. Attorney Chan Hee Chu and Assistant U.S. Attorney Jeffrey A. Spivak are prosecuting the case..
If convicted, Higgins and Noblitt face a maximum statutory penalty of 20 years in prison and a $250,000 fine on each count. 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.
Texas trucker tampers with truthful testimonyRead the Press Release
CORPUS CHRISTI, Texas – A 48-year-old Edinburg resident has been ordered to federal prison following his conviction for obstruction of justice, announced U.S. Attorney Alamdar S. Hamdani.
Jose Manuel Gutierrez pleaded guilty Jan. 26.
Today, U.S. District Judge Nelva Gonzales Ramos ordered Gutierrez to serve 14 months in federal prison followed by two years of supervised release. At the hearing, the court heard additional evidence regarding Gutierrez’s criminal history which includes convictions for assault, money laundering and aiding and abetting the entry of illegal aliens. In handing down the sentence, the court noted the concerning nature and circumstances of the crime.
“This human smuggler tried to get witnesses to lie,” said Hamdani. “My office is not going to stand by and let intimidation replace the truth. The seriousness of his threats to justice merit the sentence imposed today.”
At the time of his plea, Gutierrez admitted he attempted to influence an official proceeding knowingly and dishonestly, with intent to undermine the proceeding.
On April 11, 2022, Gutierrez arrived at the Falfurrias Border Patrol (BP) checkpoint. There, authorities ultimately found 10 people, illegally present in the United States, concealed in the sleeper portion of the tractor he was driving. Two of them described how they were transported and identified Gutierrez in a photo-lineup as the driver who instructed them to get into the vehicle and covered them with blankets.
However, the two witnesses later changed their accounts, reporting they did not know Gutierrez and had no contact with them.
The investigation revealed Gutierrez had provided the names of the two witnesses to a family member after their initial statements to authorities. He instructed the individual to give the names to another person who could then “work” them. The witnesses later claimed they had changed their statements because Gutierrez had told them to do so. While there were no direct threats, both reported they were afraid something might happen to them if they had not done so.
Gutierrez will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
BP conducted the investigation. Assistant U.S. Attorneys Liesel Roscher and John Marck prosecuted the case.
Tampa Men Sentenced for Armed Robbery of A Mail CarrierRead the Press Release
Tampa, Florida – U.S. District Judge Kimberly Mizelle today sentenced Omar Rochester Miller, Jr. (23, Tampa) and Christopher Diaz, aka “Chico,” (27, Tampa) for the armed robbery of a postal mail carrier. Specifically, Miller was sentenced to 9 years and 2 months in federal prison for armed robbery of a postal mail carrier, theft of postal keys, and brandishing a firearm during the commission of the robbery. Diaz was sentenced to 8 years in federal prison for armed robbery of a postal mail carrier and theft of postal keys. Diaz had pleaded guilty on January 10, 2023. A federal jury found Miller guilty on January 25, 2023.
According to evidence presented at trial, Miller robbed a letter carrier at gunpoint while she was delivering mail at an apartment complex. Miller approached the letter carrier from behind, pointed a firearm at her, threatened to shoot her, and demanded her postal keys. After Miller stole the postal keys, he pushed the mail carrier to the ground and ran to a waiting getaway car, driven by Edwin Betancourt Vega. This robbery was organized through phone calls and text messages between Betancourt Vega and Diaz, to coordinate the robbery and sale of the postal keys in exchange for cash. Law enforcement recovered the postal keys, as well as proceeds from the sale of the key from both Miller and Betancourt Vega. They recovered the firearm used in the robbery, which contained Miller’s DNA.
Betancourt Vega was also charged for his role in the robbery as a getaway driver. He pleaded guilty to armed robbery of a postal mail carrier and theft of postal keys. On February 3, 2023, Betancourt Vega was sentenced to four years and three months in federal prison.
“Employee safety is a top priority for the U.S. Postal Inspection Service,” said Juan Vargas, Inspector in Charge of the Miami Division. “These convictions and sentences demonstrate the commitment of the Inspection Service, as well as our partners at the Hillsborough County Sheriff's Office and the U.S. Attorney’s Office, to bring justice to anyone who would endanger the public servants of the Postal Service.”
This case was investigated by the U.S. Postal Inspection Service and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Ilyssa M. Spergel and Stacie B. Harris.
Three Ecuadorians Charged with Possession of 800 Kilograms of CocaineRead the Press Release
St. Croix, VI – United States Attorney Delia L. Smith announced today that Luis Menocal-Mero, alias “Luis Menoscal”, 38, Carlos Anchundia-Mero, 22, and Carlos Baque-Pincay, 21, were charged with conspiracy to possess with intent to distribute cocaine while on board a vessel subject to the jurisdiction of the United States.
According to court documents, on March 8, 2023, during a routine patrol in international waters in the Eastern Pacific, United States Coast Guard Cutter Farragut intercepted a go-fast vessel after it was sighted approximately 110 nautical miles southeast of the Galapagos Islands, Ecuador. The vessel displayed no indicia of nationality, and no flag was flown. Coast Guard officers boarded the vessel to conduct an inspection and discovered 30 bales containing approximately 800 kilograms of individually wrapped, brick-shipped packages of cocaine on the deck and fish hold areas of the vessel. One of the occupants of the vessel claimed Ecuadorian nationality, but Ecuador could neither confirm nor deny nationality of the vessel. The vessel was therefore deemed to be one without nationality, thus subject to the jurisdiction of the United States. If convicted, the defendants face a mandatory minimum sentence of 10 years and a maximum of life imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case is being investigated by the United States Coast Guard and Drug Enforcement Administration and prosecuted by Assistant United States Attorney Melissa P. Ortiz. The prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
United States Attorney Delia L. Smith reminds the public that an indictment is merely an allegation and that all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Statement by U.S. Attorney Rachael S. Rollins on National Crime Victims’ Rights WeekRead the Press Release
BOSTON – Each year, we set aside time to honor crime victims and recognize the work of those who serve and advocate for survivors. The 2023 National Crime Victims’ Rights Week theme—“Survivor Voices: Elevate. Engage. Effect Change.”—called upon communities to amplify the voices of survivors and commit to creating an environment where survivors have the confidence that they will be heard, believed and supported.
At the U.S. Attorney’s Office, we are committed to highlighting that theme in our work not just one week a year, but every day. We take a trauma-informed approach to our prosecution and enforcement work that centers the experience of survivors. We seek to elevate and engage survivors to lift their voices, inform policy and practice and effect change. We also stand firmly with families who have lost their loved ones to violent crime by seeking justice, amplifying their voices and ensuring that their loved ones will never be forgotten.It is equally as important that we honor the resilience, courage and love of survivors and their families, who have suffered devastating loss. Some of these moments are well known. For example, as we recognized the 10th anniversary of the tragic events at and following the April 2013 Boston Marathon, we bore witness to the capacity of survivors to conquer the unimaginable. We publicly honored law enforcement, first responders and the medical community, while privately uplifting and acknowledging the bravery and strength of the hundreds of victims. Of course, there are countless other victims whose names are never forgotten, such as Philip McCloskey, Jonathan Rizzo and Robert Whitney; and the 19 known murder victims of James “Whitey” Bulger, just to name a few.
However, many acts of inspiration and strength are not as publicized or documented. I am moved, for example, by families like those of Jeremiah Hurley and Francis Foley, two Boston Police Officers who were killed and maimed, respectively, by a bomb when they responded to a call to investigate a suspicious device in 1991. These families not only endured the initial and continuing devastation and trauma caused by those responsible for the bombing, but also bravely weathered the challenges of the legal system as the case progressed through investigation, trial and the post-conviction process. Members of both families continue to serve as first responders – a testament to the enduring legacy of Officers Hurley and Foley.
Often, as time passes, attention shifts away from survivors. For us at the U.S. Attorney’s Office, the victims and their families will always remain the center of our focus and the motivation for our work. As we recognize all crime victims, we recommit ourselves to ensuring that our approach and services to victims and survivors are meaningful, responsive and centered on their individual needs.
For assistance locating community based services for victims of crime, please see the U.S. Department of Justice Office for Victims of Crime resource directory and the Massachusetts Office for Victim Assistance resource directory at https://ovc.ojp.gov/directory-crime-victim-services/search and https://www.mass.gov/orgs/askmova.
St. Louis County Felon Indicted for Store RobberyRead the Press Release
ST. LOUIS – A convicted felon from St. Louis County, Missouri was indicted by a federal grand jury here Wednesday and accused of robbing a convenience store at gunpoint.
Richard E. Barber, 51, is now facing three felonies: robbery, possession and brandishing a firearm in furtherance of a crime of violence and being a felon in possession of a firearm.
The indictment alleges that Barber used a firearm to rob a Gas Mart in north St. Louis County on Feb. 11, 2023. Barber is a convicted felon and is barred from possessing a gun.
A detention motion says Barber entered the store and took a beer from the refrigerator before pulling a pistol and calmly ordering the cashier to empty the cash register. Two days later, a pistol resembling the one used in the robbery was recovered after Barber wrecked his car. The robbery was captured on video, the motion says.
The robbery charge carries a potential penalty of up to 20 years in prison, a $250,000 fine, or both and the felon in possession of a firearm charge carries a penalty of up to 15 years and the same fine. The firearm brandishing charge carries a penalty of at least seven years in prison.
Barber was on supervised release at the time of the robbery after having been sentenced in 2014 to serve 100 months in federal prison on a charge of being a felon in possession of a firearm. He is also facing charges of robbery and armed criminal action in St. Louis County Circuit Court.
Charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The case was investigated by the St. Louis County Police Department. Assistant U.S. Attorney Michael Hayes is prosecuting the case.
St. Bernard Man Sentenced to Five Years in Prison for Student Aid Fraud of over $74,000Read the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that ROBERT JOHN, age 48, from St. Bernard, Louisiana, was sentenced on May 3, 2023 for conspiring to commit student aid fraud.
According to court documents, JOHN conspired with others to submit fraudulent applications for student loans and grants to two local community colleges, using the names of seven different applicants. In total, the Department of Education paid over $74,000 in loan and grant funds in connection with the fraudulent applications. The applications contained false information for all applicants, and several of the applicants did not even qualify for community college because they had not graduated from high school or obtained GEDs.
United States District Court Judge Lance M. Africk sentenced JOHN to five years in prison, followed by three years of supervised release, $74,576.10 in restitution to the Department of Education, and a mandatory $100 special assessment fee.
“I’m proud of the work of OIG special agents and our law enforcement colleagues for shutting down yet another student aid fraud ring and holding the ringleader accountable for his criminal actions,” said Edd Cole, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Southwestern Regional Office. “The OIG is committed to fighting student aid fraud and we will continue to aggressively pursue those that participate in these types of crimes.”
U.S. Attorney Evans praised the work of the Department of Education Office of Inspector General and the United States Postal Inspection Service. Assistant United States Attorney Nicholas D. Moses, Health Care Fraud Coordinator, is in charge of the prosecution.
Spring Hill Man Pleads Guilty to Tampa Bank RobberyRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces that John Charles Anderson (39, Spring Hill) has pleaded guilty to bank robbery. Anderson faces a maximum penalty of 25 years in federal prison. A sentencing date has not yet been set.
According to court records, on January 14, 2022, Anderson entered the SunTrust Bank located at 12902 North Dale Mabry Highway in Tampa armed with a Crossman BB pistol, a dangerous weapon. Anderson brandished the BB pistol while demanding money from the teller. The pistol appeared to be a functioning handgun, which caused fear in the mind of the teller, who complied with Anderson’s demand and gave him $941 in cash from the cash drawer.
This case was investigated by the Federal Bureau of Investigation and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Samantha Beckman.
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.
Shelbyville Woman Sentenced to Two Years in Federal Prison for Embezzling more than $600,000 in Company Funds over Nearly a DecadeRead the Press Release
INDIANAPOLIS- Tammy J. Scudder, 52, of Shelbyville, Indiana, was sentenced to 2 years in federal prison after pleading guilty to four counts of wire fraud.
According to court documents, from 2012 to December of 2021, Tammy Scudder devised and participated in a scheme to defraud her employer of more than $600,000. Scudder served as the Controller for a company located in Shelbyville, Indiana for nine years. As Controller, Scudder was the company’s top accountant and maintained its accounting ledgers, managed payroll, and had access to online bank accounts. Scudder also had access to the company’s accounting software, which she used to generate checks in Plymate’s name.
Scudder abused her position of trust as Controller to exploit a vulnerability in the company’s accounting system. Scudder knew that the company’s Group Health Plan bank account was difficult to double-check because it was funded based upon the total amount of the weekly claims on the list it received from another company, rather than by each claim individually. Scudder accessed the victim company’s accounting software to generate and print a company check to herself, signed using another employee’s signature stamp. After Scudder printed the check, she concealed the theft by altering and falsifying the victim company’s accounting records.
Scudder used the stolen money to take vacations, pay off personal debts, fund her children’s educational expenditures, and by make improvements to her Shelbyville residence. Between February 2, 2012, and December 17, 2020, Scudder generated 154 false and fraudulent checks totaling $693,708.75.
United States Attorney for the Southern District of Indiana, Zachary A Myers, Herbert J. Stapleton, Special Agent in Charge of the FBI’s Indianapolis Field Office made the announcement.
“The defendant abused her position of trust and stole hundreds of thousands of dollars intended to pay for the health care of her colleagues,” said U.S. Attorney, Zachary A. Myers. “This incessant greed, spanning nearly a decade, has been quashed thanks to our dedicated partners at the Federal Bureau of Investigation. Our office will continue to identify and prosecute individuals who scheme and steal to satisfy their own greed.”
The FBI investigated this case. The sentence was imposed by Chief U.S. District Court Judge Tanya Walton Pratt. Judge Pratt also ordered that Scudder by supervised by the U.S. Probation Office for 2 years following her release from federal prison and pay the full $693,708 in restitution to Plymate.
U.S. Attorney Myers thanked Assistant United States Attorney Tiffany J. Preston, who prosecuted this case.
###