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5 June 2023
Sacaton Man Receives Sentence of over 20 Years for Second Degree MurderRead the Press Release
PHOENIX, Ariz. – Reggie Marion Lewis, Sr., 46, of Sacaton, Arizona, was sentenced on May 26, 2023, by United States District Judge G. Murray Snow to 245 months in prison, to be followed by five years of supervised release. Lewis pleaded guilty on September 21, 2022, to Second Degree Murder.
On May 15, 2021, Lewis shot the victim, killing him. Lewis is an enrolled member of the Gila River Indian Community.
The Gila River Police Department and the Federal Bureau of Investigation conducted the investigation in this case. Assistant United States Attorney Raynette Logan, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-22-00331-PHX-GMS
RELEASE NUMBER: 2023-086_Lewis# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Readout of Assistant Attorney General Kristen Clarke’s Trip to MississippiRead the Press Release
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division traveled to Lexington, Jackson, Indianola, and Clarksdale, Mississippi, on June 1 and June 2 to continue the division’s tour to engage with stakeholders in underserved communities and reaffirm the department’s commitment to protecting the civil rights of all Americans.
On Thursday, Assistant Attorney General Clarke and U.S. Attorney Darren LaMarca for the Southern District of Mississippi met with community leaders and stakeholders in Lexington at the Holmes County Circuit Court Complex. Holmes County is ranked as one of the poorest counties in the nation. In her remarks, Assistant Attorney General Clarke discussed the Justice Department’s commitment to address civil rights issues, including enforcing federal school desegregation orders, addressing jail and prison conditions and prosecuting hate crimes. The meeting focused on civil rights issues, like law enforcement accountability.
In the afternoon, Assistant Attorney General Clarke met with staff of the U.S. Attorney’s Office for the Southern District of Mississippi. She thanked the office’s leadership and staff for their service and commitment to protecting civil rights. After the meeting, she toured the Mississippi Civil Rights Museum.
In the evening, Assistant Attorney General Clarke participated in a community conversation at Jackson State University that was opened by NAACP CEO Derrick Johnson. The Mississippi Center for Justice’s President and CEO Vangela Wade moderated a conversation with Assistant Attorney General Clarke, who discussed her career as a civil rights attorney and the department’s efforts to protect the right to vote and to achieve economic justice, among others After the moderated discussion, local stakeholders raised concerns about local civil rights issues, including law enforcement accountability.
On Friday, Assistant Attorney General Clarke and U.S. Attorney Clay Joyner for the Northern District of Mississippi traveled to Indianola. There, she toured Lockard Elementary School, a majority-Black public school, and visited Indianola Academy, a majority-white charter school, with State Representative Otis Anthony. The school tours were followed by a community meeting at the Mississippi Center for Justice’s Indianola office. During the meeting, community leaders and educators discussed efforts to advance equitable educational experiences throughout the state.
Assistant Attorney General Clarke ended the day at the Clarksdale City Hall for a community meeting with Mayor Chuck Espy, U.S. Attorney Joyner and local stakeholders. She reiterated the Justice Department’s commitment to work with state and local partners to address civil rights and racial equity issues.
In the upcoming weeks, Assistant Attorney General Clarke will travel to South Carolina to meet with stakeholders in underserved communities.
Assistant Attorney General Clarke and U.S. Attorney LaMarca speak to community members in Lexington. Assistant Attorney General Clarke and U.S Attorney LaMarca with the staff for the Southern District of Mississippi. Assistant Attorney General Clarke at the Mississippi Center for Justice. Assistant Attorney General Clarke and Clarksdale Mayor Chuck Espy. Assistant Attorney General Clarke at the Mississippi Civil Rights MuseumPontotoc County Resident Sentenced for Involuntary Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Lloyd Ray Hatley, age 68, of Ada, Oklahoma, was sentenced to 48 months in prison for Involuntary Manslaughter in Indian Country.
The charges arose from an investigation by the Oklahoma Highway Patrol and the Federal Bureau of Investigation.
On April 29, 2022, a federal jury found Hatley guilty of involuntary manslaughter at trial. During the trial, the United States presented evidence that on February 22, 2017, Hatley was driving on State Highway One in Pontotoc County when he rear-ended another vehicle. The investigation revealed that Hatley failed to brake until less than a second before impact. The collision killed a passenger in the other vehicle, and severely wounded the driver.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation and the Eastern District of Oklahoma.
The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, sitting by appointment, presided over the hearing in Oklahoma City. Hatley will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Kevin Gross and Special Assistant United States Attorney Lauren Ibanez represented the United States.
Peabody Man Pleads Guilty to Conspiring to Distribute over Four Kilograms of Fentanyl PillsRead the Press Release
BOSTON – A Peabody man has pleaded guilty in federal court in Boston in connection with selling approximately 40,000 fentanyl pills.
Manuel E. Tejeda, 42, pleaded guilty on June 2, 2023 to one count of conspiracy to distribute and possession with intent to distribute 400 grams or more of fentanyl. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Sept. 7, 2023. In January 2020, Tejeda was arrested and charged with co-defendant Jose Esmerlin Diaz.
In January 2020, Diaz delivered an estimated 13,800 fentanyl pills (weighing approximately 1.6 kilograms) disguised as Percocet 30s to a cooperating source on Jan. 17, 2020, at a price of $6 per pill. Shortly thereafter, Tejeda and another man arrived in the vicinity of the drug transaction to deliver additional pills, and were found in possession of an estimated 27,000 fentanyl pills (weighing approximately 3.1 kilograms). A subsequent search of a storage unit used by Tejeda in Salem resulted in the discovery of approximately two kilograms of suspected fentanyl and/or heroin, $150,000 in cash and an industrial/commercial grade pill press that could be used to press powder-form opiates into pills. Keys located on Tejeda at the time of his arrest opened locks to the storage unit.
On May 23, 2023, Diaz was sentenced to 52 months in prison and two years of supervised release after previously pleading guilty to his role in the conspiracy.
The charge of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl provides for a minimum of 10 years and up to life in prison, at least five years and up to life of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; John E. Mawn Jr., Interim Colonel of the Massachusetts State Police; Peabody Police Chief Thomas M. Griffin; and Andover Police Chief Patrick Keefe made the announcement. Assistant U.S. Attorneys Charles Dell’Anno, Craig Estes and Kunal Pasricha of Levy’s Criminal Division are prosecuting the case.
Nicaraguan Woman Charged with Illegally Using Social Security Number to Avoid DetentionRead the Press Release
NEW ORLEANS, LOUISIANA – JUNIETH BETANCO-HERNANDEZ, age 18, a native of Nicaragua, was indicted on June 2, 2023, for illegally using a social security number to maintain her status in an Alternative to Detention program of Immigration and Customs Enforcement, in violation of Title 42, United States Code, Section 408(a)(7)(B), announced U.S. Attorney Duane A. Evans.
JUNIETH BETANCO-HERNANDEZ faces a maximum term of imprisonment of not more than five (5) years, a fine of up to $250,000.00, up to three (3) years of supervised release, and a mandatory special assessment fee of $100.00.
U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Carter K.D. Guice, Jr.of the General Crimes Unit is in charge of the prosecution.
Newport News Man Pleads Guilty to Child Pornography ChargesRead the Press Release
NEWPORT NEWS, Va. – A Newport News man pleaded guilty today to persuading a child to engage in unlawful sexual activity and distributing child sexual abuse material (CSAM).
According to court documents, Timothy Desain, Jr. 40, distributed CSAM over a social media platform. On October 26, 2021, the National Center for Missing and Exploited Children received a CyberTip from the social media platform and forwarded the tip to the Bedford County Sheriff’s Office, who forwarded the tip to the FBI. A federal search warrant was issued for the home of Desain and electronic devices were seized. The search of his home also yielded containers of marijuana, scales, Garda deposit bags, and three firearms. During the investigation, it was uncovered that Desain exploited a minor. Desain also admitted to embezzling approximately $35,000 from Garda.
Desain pleaded guilty to coercion and enticement of a child and distribution of child pornography, and is scheduled to be sentenced on October 3. He faces a mandatory minimum sentence of ten years in prison and a maximum sentence of life in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after U.S. District Judge Elizabeth Wilson Hanes accepted the plea.
Assistant U.S. Attorney Lisa McKeel is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:23-cr-23.
Navajo Man Charged with AssaultRead 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 today that Harley Etcitty made an initial appearance in federal court on an indictment charging him with assault with a dangerous weapon and assault resulting in serious bodily injury. Etcitty, 19, an enrolled member of the Navajo Nation, will remain in custody pending a detention hearing scheduled for June 6, 2023.
According to the indictment, on Oct. 9, 2022, in Shiprock, Etcitty assaulted two victims, identified as John Doe 1 and John Doe 2 in the indictment, with a knife. John Doe 1 was seriously injured and had to be transferred to Flagstaff for a higher level of care. John Doe 2 received multiple lacerations which required sutures.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Etcitty faces a minimum of 10 years in prison.
FBI Farmington Agency investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.
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23-122
Muskegon Man Sentenced to 15 Years in Prison for Stalking His Ex-Wife and Possessing FirearmsRead the Press Release
U.S. Attorney Mark Totten Vows to Fight Gender-Based Violence
GRAND RAPIDS, MICHIGAN —U.S. Attorney for the Western District of Michigan Mark Totten announced today that Mitchell Pierce, 45, of Muskegon was sentenced to 180 months in the Bureau of Prisons after he pleaded guilty to stalking and being a felon in possession of firearms. U.S. District Court Judge Robert J. Jonker also ordered that when Pierce is released from prison, Pierce will be on supervised release for 3 years.
“Gender-based violence harms families, perpetuates social inequities, and leaves victims fearful and feeling like they have nowhere to turn,” said U.S. Attorney Totten. “As this prosecution demonstrates – one of the worst stalking cases we’ve seen in years – my office is fully committed to protecting victims and holding perpetrators accountable, especially abusers who illegally possess firearms.”
WATCH: Video of U.S. Attorney Totten speaking about this case immediately following the sentencing hearing
In August 2021, Pierce pleaded guilty to assaulting his then-wife; he was placed on probation and ordered to have no contact with her. They divorced. While the no contact order was in place, Pierce began repeatedly calling, texting, messaging, FaceTiming, and emailing his ex-wife, threatening to harm and kill her, her children, and her friends and family. Pierce also threatened to kill himself and sent images of firearms. On April 23, 2022, he sent an email that included the line “OK I got my f---ing body armor together I got my guns ready.” On April 30, he sent texts that said, “Your dead b----” and “so r your kids.”
On May 2, 2022, his ex-wife noticed a Jeep following her and pulled into a parking lot; when Pierce exited his Jeep and approached her, she struck him with her minivan and fled the scene. Police responded and searched Pierce’s rented Jeep and found a loaded pistol, two rifles, seven magazines, numerous rounds of ammunition, and a bullet-proof vest. Pierce told officers he was hoping to scare her into giving him another chance and if that did not work, had planned to commit “suicide by cop,” i.e., hold a gun and refuse to comply with commands until officers killed him.
“Everyone deserves to feel safe and be safe in their relationships with others,” said Special Agent in Charge James Deir. “The women and men at ATF and our law enforcement partners remain resolute in holding violent felons who terrorize our community members accountable.”
Below are a few of the text messages Pierce sent his ex-wife between April 22 and April 30.
Gender-based violence generally refers to any harmful threat or act directed at an individual or group based on actual or perceived sex, gender, gender identity, sex characteristics, or sexual orientation. One form of gender-based violence is stalking. This term generally refers to a pattern of repeated harassing or threatening behavior, causing fear, substantial emotional distress, or safety concerns for the victim. Stalking tactics can include approaching the victim or showing up in places when the victim does not want them to be there; following and watching a victim; sending unwanted texts, photos, emails, and messages through social media; and using technology to monitor, track, and/or spy on the victim. For more information on the stalking see the Stalking Prevention, Awareness, and Resource Center (SPARC) and the Centers for Disease Control and Prevention – Preventing Stalking.
According to the National Intimate Partner and Sexual Violence Survey – 2016/2017 Report on Stalking Updated Release (2022), nearly 1:3 women and 1:6 men reported stalking victimization at some point in their lifetime. Each year, an estimated 13.5 million period are stalked in the United States. Moreover, stalking especially impacts young people. More than half of all female victims of stalking reported that the first incident of stalking occurred before age 25.
On May 25, 2023, the White House announced a National Plan to End Gender-Based Violence: Strategies for Action. On May 30, 2023, the Department of Justice followed the release of the National Plan with a summary of several initiatives the Department is undertaking to hold perpetrators accountable and protect survivors.Victims who feel they are in imminent danger or fear a threat of harm should call 911. The following national hotlines are also available to help victims of stalking and other gender-based violence:
- Victim Connect: 1-855-4VICTIM (1-855-484-2846)
- National Domestic Violence Hotline: 1−800−799−7233 or TTY 1−800−787−3224 (or text START to 88788)
- The National Sexual Assault Hotline: 1-800-656-HOPE (4673)
This case was investigated by the Fruitport Township Police Department, the Muskegon Police Department, the Muskegon Township Police Department, the Muskegon County Sheriff, the Michigan State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
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Milton Man Sentenced for Drug Distribution ActivitiesRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that Stephen Boles, 30, of Milton Vermont, was sentenced today by the Hon. William K. Sessions III, United States District Judge, to 5-years of incarceration to be followed by 3 years of supervised release for possessing fentanyl with the intent to distribute the drug. According to the facts agreed to by the parties, on or about May 18, 2022, Stephen Boles was found in possession of over 10,000 glassine baggies of fentanyl, a CZ 9-mm pistol, and ammunition at his home in Milton. Officers also found over $190,000.00 and drug packaging materials at the residence.
This was Boles’s second federal drug conviction. In imposing the 5 year sentence, Judge Sessions varied downward from the otherwise applicable Advisory Sentencing Guidelines in part to recognize Boles’s struggles with addiction.
The U.S. Attorney’s Office thanked the DEA and the Milton Police Department for their work on the investigation. Assistant U.S. Attorney Eugenia Cowles represented the United States. Mark Kaplan, Esq. represented Mr. Boles.Millbury Man Arrested for Possessing Large Quantities of Ammunition in Violation of Court Restraining OrderRead the Press Release
UPDATE: Charges against the defendant were dismissed in August 2023.
BOSTON – A Millbury man has been arrested and charged for allegedly possessing large amounts of ammunition, including armor-piercing ammunition, in violation of a 2021 restraining order.
Nial Luu, 31, was charged on June 2, 2023 with unlawful possession of ammunition by a person subject to a court order restraining him from harassing stalking, or threatening an intimate partner. Following an initial appearance in federal court in Worcester before U.S. District Court Magistrate Judge David H. Hennessy, Luu was detained pending a hearing set for June 7, 2023.
According to court records, Luu is subject to an active California State Court order restraining him from assaulting, threatening, abusing, harassing, following, interfering, or stalking a former intimate partner. As a result, Luu is prohibited from possession or receiving firearms or ammunition. During a search of Luu’s residence, approximately 200 rounds of 5.56 mm ammunition, capable of being fired from and AR 15-style rifle, which were marked as “green tipped” or armor-piercing, as well as approximately 300 rounds of 9 mm ammunition were seized. According to the charging documents, various component parts necessary to assemble multiple AR-15 style rifles and Glock-style handguns, and four 30-round magazines compatible with an AR 15 style rifle were also seized from Luu’s residence.
The charge of unlawfully possession ammunition while subject to a court order restraining him from harassing stalking, or threatening an intimate partner provides for a sentence of up to 15 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Millbury Police Chief Brian Lewos made the announcement today. Valuable assistance was provided by the FBI Worcester Field Office. Assistant U.S. Attorney Kaitlin J. Brown of Levy’s Worcester Branch Office is 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.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lubec Man Sentenced to 2+ Years for Stealing Firearms from Machias True Value, Threatening WitnessRead the Press Release
BANGOR, Maine: A Lubec man was sentenced today in U.S. District Court in Bangor for stealing firearms from a federal firearms licensee, witness tampering and retaliating against a witness.
U.S. District Judge Lance E. Walker sentenced Jeremy C. Lyons, 29, to 33 months of imprisonment followed by three years of supervised release. He was also ordered to pay restitution. Lyons pleaded guilty on December 9, 2022.
According to court records, in October 2021, Lyons broke into Pineo’s True Value in Machias and stole three Colt pistols. Maine State Police Crime Laboratory testing matched Lyons’ DNA to a Gatorade bottle he left at the scene of the crime. Lyons became aware that he was a target in a federal criminal investigation involving his theft of the pistols. In July 2022, he threatened a confidential source who had provided information to federal law enforcement with bodily harm and later challenged the source to a fight. Lyons later asked the confidential source to testify for him in his case.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Maine State Police investigated the case, with invaluable assistance provided by the Washington County Sheriff’s Office.
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Law Enforcement Disrupts Networks Used to Transfer Fraud ProceedsRead the Press Release
PHOENIX, Ariz. – Over the past three months, federal, state, and local law enforcement operating in Arizona took part in a national campaign to disrupt networks used by foreign fraudsters who obtain proceeds through various schemes. The campaign addressed conduct by individuals sometimes referred to as “money mules,” who provide critical services to fraudsters by receiving money from victims and forwarding the fraud proceeds to the perpetrators, many of whom are based overseas.
In Arizona, law enforcement took approximately 52 disruption actions against individuals responsible for facilitating a range of fraud schemes. These schemes included those that target consumers such as romance and lottery schemes. During this same time period around the United States, law enforcement took over 4,000 disruption actions against such individuals.
In Arizona, law enforcement that took part in these disruption actions served warning letters on the “money mules,” notifying them that they are moving illicit proceeds and that their activities are facilitating fraud. The U.S. Attorney’s Office, along with its federal and state law enforcement partners, also conducted outreach events to raise public awareness about scams and how fraudsters recruit and use people to receive and transfer fraudulent proceeds.
The agencies involved in this effort urge consumers to be on the lookout for signs someone is trying to recruit them to receive and transmit fraud proceeds. Do not agree to receive money or checks mailed to you or sent to your bank account for someone you have met over the phone or online. Do not open bank accounts or cryptocurrency accounts at someone else’s direction or request. Fraudsters will lie to persuade you to help them. They may falsely tell you various stories to persuade you to help; for example, that they are helping you get a lottery prize, or initiate a purported romantic relationship, that they need money for some type of fake “emergency,” or pretend to offer you a job, an opportunity to invest in a business venture, or the chance to help a charitable effort.
Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline:1-833-FRAUD-11 (1-833-372-8311).
RELEASE NUMBER: 2023-084_Money Mule Campaign
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Justice Department Honors Law Enforcement Officers in Sixth Annual Attorney General’s Award for Distinguished Service in Community PolicingRead the Press Release
Attorney General Merrick B. Garland today announced the recipients of the Sixth Annual Attorney General’s Award for Distinguished Service in Community Policing, recognizing the exceptional work of 19 law enforcement officers and deputies from 15 jurisdictions across the country.
The Attorney General’s Award recognizes individual state, local, and Tribal sworn rank-and-file officers, deputies, and troopers for exceptional efforts in community policing. The awarded individuals have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations, or innovations in community policing. This year, the Department received nominations for almost 200 individual officers, deputies, and troopers. Nominations came from 49 states, representing state, local, campus, sheriff, and other agency types.
“Every day, law enforcement officers across the country are asked to respond to some of the most difficult, most dangerous, and most traumatic moments that our communities face,” said Attorney General Garland. “Today’s awardees exemplify the very best of the noble profession of policing.”
The work being honored this year ranges from individuals who created and run creative programs geared to marginalized youth and senior citizens; officers whose diligent and dedicated efforts solved cold cases after many years; and law enforcement who peacefully resolved situations that could have resulted in great harm to others, were it not for their heroic efforts.
The Attorney General’s Award for Distinguished Service in Community Policing is made possible through the Department’s work with national law enforcement stakeholder groups, who play a vital role in the review process. The various components throughout the Department also play a critical role, providing the review process with a depth of knowledge and experience that is inherent across the Department. The result is this annual awards program, which allows the Department to highlight a group of officers whose commitment to their communities is obvious through their exceptional efforts.
A list of award winners can be found here. Complete information on the Sixth Annual Attorney General’s Award for Distinguished Service in Community Policing can be found here.
Jefferson Parish Woman Charged with Misprision of a FelonyRead the Press Release
NEW ORLEANS – ROSE B. DEMERS, of Marrero, LA, age 68, was indicted on June 2, 2023, by a federal grand jury for one count of misprision of a felony related to funds received from a fraud victim announced U.S. Attorney Duane A. Evans.
According to the charging documents, DEMERS received $8,600 from a fraud victim on or about July 9, 2021. Rather than contact the authorities, DEMERS converted some of the funds to her own use and attempted to wire the funds elsewhere.
DEMERS faces a sentence of up to three years in prison, up to $250,000 in fines, and up to one year of supervised release. There is also a $100 mandatory special assessment fee due after conviction. U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Secret Service and the Jefferson Parish Sheriff's Office Economic Crimes Section in investigating this matter. Assistant U.S. Attorney Edward J. Rivera of the Financial Crimes Unit is in charge of the prosecution.
Former Co-Owner of Minnesota Vikings Sentenced to 75 Months in Prison for Providing Shadow Banking Services to Cryptocurrency ExchangesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that REGINALD FOWLER was sentenced to 75 months in prison for arranging to process more than $700 million of unregulated transactions on behalf of cryptocurrency exchanges, in violation of federal anti-money laundering laws, lying to U.S. banks to do so, and defrauding the Alliance of American Football (“AAF”), a short-lived professional football league, in connection with his acquisition of a significant ownership stake in the league.
U.S. Attorney Damian Williams said: “Reginald Fowler evaded federal law by processing hundreds of millions of dollars of unregulated transactions on behalf of cryptocurrency exchanges as a shadow bank. He did so by lying to legitimate U.S. financial institutions, which exposed the U.S. financial system to serious risk. He then victimized a professional football league by lying about his net worth in exchange for a substantial portion of the league. Let it be clear: this Office is committed to prosecuting people who lie to banks and skirt the law as a means to conduct their business.”
According to court filings and statements made in court proceedings:[1]
In or about February 2018, REGINALD FOWLER established Global Trading Solutions LLC (“GTS”) and began working with Crypto Capital and other related companies (the “Crypto Companies”), which were operated by Israeli nationals. The Crypto Companies marketed themselves as providing a seamless way for individuals to exchange standard currency for cryptocurrency. A number of cryptocurrency exchanges began using the Crypto Companies to process their fiat-to-cryptocurrency transactions.
Because banks were reluctant to handle cryptocurrency transactions, in reality, the Crypto Companies could not access legitimate financial institutions. Instead, the Crypto Companies lied to banks in order to open accounts that were used to process cryptocurrency transactions without the banks’ knowledge. FOWLER opened dozens of such accounts in the United States and around the world. He did not disclose GTS’s involvement with the Crypto Companies and the fact that it was operating as a payment processor for hundreds of millions of dollars in cryptocurrency transactions. FOWLER also directed other individuals to include false information on wire transfer instructions to further deceive banks about the nature of GTS’s business. In less than 10 months, FOWLER processed approximately $750 million in cryptocurrency transactions in various currencies. At no point were FOWLER, GTS, nor any of the Crypto Companies ever licensed as a money transmitting business in the United States, as required by federal law.
Additionally, in 2018, FOWLER defrauded the AAF in connection with his acquisition of a significant ownership stake in the league. In the course of negotiating his investment in the AAF, FOWLER falsely claimed personal ownership of GTS funds that, in fact, belonged to clients of FOWLER’s illegal money transmission service established in support of the Crypto Companies. As he did when opening bank accounts, FOWLER lied to AAF executives, telling them that the funds in the GTS bank accounts derived from real estate investments as well as government contracts and that the tens of millions of dollars in the GTS accounts were liquid assets he could use to invest in the AAF. FOWLER did not disclose his involvement with the Crypto Companies. Moreover, although FOWLER experienced account closures and government seizure of GTS funds in the month leading up to his investment in the AAF, FOWLER did not disclose those facts to the AAF. FOWLER acquired a significant investment stake in the AAF in November 2018 yet was unable to fund that investment. Based, in part, on FOWLER’s lies, the AAF declared bankruptcy in about April 2019, ending the season and dashing the hopes of FOWLER’s victims.
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In addition to the prison sentence, FOWLER, 64, of Chandler, Arizona, was ordered to pay forfeiture of $740,249,140.52 and restitution in the amount of $53,189,261.80 to the AAF.
Mr. Williams praised the outstanding investigative work of Special Agents from the Federal Bureau of Investigation’s New York Money Laundering Investigation Squad and Special Agents from the Internal Revenue Service-Criminal Investigations.
The prosecution of this case is being overseen by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant U.S. Attorneys Jessica Greenwood, Samuel Raymond, Samuel Rothschild, and Sheb Swett are in charge of the case.
[1] As to FOWLER’s co-defendants, the entirety of the text of the Indictments and the descriptions in the Indictments set forth below constitute only allegations, and every fact described should be treated as an allegation.
Food Wholesaler Pleads Guilty to Smuggling Tainted Chinese EelRead the Press Release
LOS ANGELES – A Pomona man and his food wholesale company have pleaded guilty in federal court to attempting to smuggle Chinese frozen roasted eel for human consumption which had been previously refused entry into the United States, federal authorities announced today.
Kevin Sheng Hsiang Fang, 41, and Fang’s City of Industry-based food wholesale business, Yong Chang Trading Co., Ltd. (dba Heng Xing Foods, Inc.), each pleaded guilty May 31 to one count of smuggling and one count of introducing adulterated food into interstate commerce.
Fang was a high-volume importer of Chinese frozen roasted eel, commonly known as unagi. The criminal case stems from a shipment of Fang’s imported Chinese frozen roasted eel that was sample tested by the Food and Drug Administration (FDA) and found to be unsafe for human consumption, which prompted the FDA to refuse its entry into the United States. Fang admitted that he knowingly re-imported the previously refused Chinese frozen roasted eel, using new entry information and comingled with other eel to evade detection.
When he pleaded guilty, Fang admitted that the Chinese frozen roasted eel which he tried to import and distribute was adulterated with Gentian Violet, Leucogentian Violet and Malachite Green, unsafe new animal drugs. The use of these antibiotics or chemicals during various stages of aqua-cultured food can result in the presence of residues of the parent compound or its metabolites in the edible portion of the aqua-cultured seafood. The presence of antibiotic residues may contribute to an increase of antimicrobial resistance in human pathogens, according to an FDA alert. Moreover, prolonged exposure to Malachite Green and Gentian Violet has been shown to have a carcinogenic effect.
The FDA, in partnership with U.S. Customs and Border Protection (CBP), serves as the first line of defense for America’s imported seafood supply chain and utilizes import alerts for aqua-cultured seafood from countries around the world. Seafood and fish products are temporarily detained with FDA detention holds to prevent the introduction of contaminated food product into commerce. The FDA contacts importers to advise of the hold with a detention hold notification and waits for the sample testing results to establish that a seafood or fish product is non-violative. The regulatory framework prevents the entry and distribution of potentially violative or unsafe seafood to customers in the United States, and it serves to protect the integrity and safety of the imported fish and seafood supply chain for human consumption.
“Federal laws that prohibits the smuggling of certain food products are intended to protect consumers from hazards to their health,” said United States Attorney Martin Estrada. “We are committed to working with our law enforcement partners to protect the American people from such public health dangers and to ensure the safety of our food supply.”
“Today’s announcement serves as a reminder that food importers have a critical responsibility to sell food that is safe for American consumers to eat,” said Special Agent in Charge Robert M. Iwanicki of the FDA’s Office of Criminal Investigations, Los Angeles Field Office. “We will continue to pursue and bring to justice those who put the public health at risk by distributing adulterated foods in the U.S. marketplace.”
“This individual showed complete disregard for the health and safety of the U.S. consumer by knowingly bringing tainted products into the market,” said Eddy Wang, Homeland Security Investigations (HSI) Los Angeles Acting Special Agent in Charge. “Thanks to the professionalism and dedication of multiple partner agencies, this criminal activity has been disrupted.”
“The result of this investigation to detect and prevent the illegal trade of wildlife species was made possible through the diligent work, dedication, and collaboration among all law enforcement agencies involved,” said Special Agent in Charge Manisa Kung of the U.S. Fish and Wildlife Service’s Office of Law Enforcement, Pacific Southwest Region.
Fang is scheduled to be sentenced on August 14 by United States District Judge Percy Anderson. As a result of his guilty pleas, Fang will face a statutory maximum sentence of 21 years in federal prison.
This case was investigated by the FDA, Office of Criminal Investigations; Homeland Security Investigations; and the U.S. Fish and Wildlife Service.
Assistant United States Attorney Amanda M. Bettinelli of the Environmental Crimes and Consumer Protection Section is prosecuting the case.
Felon Sentenced to 60 Months for His Role in Illegal Firearms PurchaseRead the Press Release
PHOENIX, Ariz. – Keymal Bert Rucker, 31, of Laughlin, Nevada, was sentenced last week by United States District Judge Susan M. Brnovich to 60 months in prison. Rucker pleaded guilty to Aiding and Abetting a False Statement During the Purchase of a Firearm.
From May 2019 to July 2020, Rucker directed his co-defendant, Rochelle Renee Conlin, to buy at least 102 firearms from Arizona gun stores on his behalf. Rucker provided Conlin with the money to purchase firearms, instructed her on what firearms to purchase, and took possession of the firearms after she purchased them. At the time, Rucker knew that he was a convicted felon who was prohibited from possessing firearms or ammunition. Five of the handguns that Conlin purchased for Rucker have been recovered by law enforcement in California.
At the time of Rucker’s arrest, the Bureau of Alcohol, Tobacco, Firearms and Explosives seized two machine gun conversion devices, a Glock pistol, an AR-15 style rifle, and several hundred rounds of ammunition from his residence. A machine gun conversion device, commonly referred to as a “switch,” converts a pistol from semi-automatic to fully automatic. Previously seized from his vehicle and residence were two loaded .40 caliber handguns, an AK-47 pistol, extended and drum magazines, over 2,000 rounds of ammunition, body armor, approximately $14,000 in U.S. currency, marijuana, cocaine, psilocybin mushrooms, MDMA, an embossing machine with accessories, seven jars of Tannerite, and binary explosives.
This case was 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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement, and the local community to develop effective, locally based strategies to reduce violent crime.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-08082-SMB-PHX
RELEASE NUMBER: 2023-085_Rucker# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Dominican Man Previously Convicted in Fentanyl Conspiracy Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Dominican man was sentenced on May 31, 2023 in federal court in Boston for illegally reentering the United States after deportation.
Milton Jose Arias, 32, was sentenced by U.S. District Court Judge Allison D. Burroughs to 21 months incarceration. Arias will be subject to deportation proceedings upon completion of his sentence. On Jan. 10, 2023, Arias pleaded guilty to one count of unlawful reentry.
Arias is a citizen of the Dominican Republic who illegally entered the United States at an unknown time and location without inspection. In July 2019, Arias was convicted in federal court in Boston of fentanyl distribution and fentanyl distribution conspiracy and, in March 2020, was removed from the United States.
In January 2022, Arias was found to have unlawfully reentered the United States without the appropriate permission sometime after his removal.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England; and Lawrence Police Chief Roy P. Vasque made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Levy’s Major Crimes Unit prosecuted the case.Convicted Felon Pleads Guilty to the Illegal Possession of FirearmsRead the Press Release
CONCORD – A former Ohio man pleaded guilty today in federal court to the illegal possession of firearms, U.S. Attorney Jane E. Young announces.
Bernard Murphy, a/k/a Bernard Malik El, 38, pleaded guilty to the illegal possession of two firearms as a prohibited person. Chief U.S. District Court Judge Landya McCafferty scheduled sentencing for September 18, 2023.
On May 2021, the defendant had been residing at the Days Inn in Campton for several months when Campton Police Department received a tip about his potential involvement in narcotics trafficking at the hotel. Upon searching the defendant’s hotel room, law enforcement seized a 9MM handgun and a loaded 12-gauge shotgun. Murphy is prohibited from possessing firearms due to a prior felony conviction in the State of Ohio in 2008.
The charging statute provides a sentence of no greater than 10 years in prison, 3 years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
The Federal Bureau of Investigations and the Campton Police Department led the investigation. Valuable assistance was provided by the Bureau of Alcohol Tobacco, Firearms and Explosives. Assistant U.S. Attorney Charles L. Rombeau is prosecuting the case.
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Connecticut Woman Faces up to 20 Years for Fentanyl and Cocaine TraffickingRead the Press Release
BANGOR, Maine: A Connecticut woman pleaded guilty in U.S. District Court in Bangor today to possessing fentanyl and cocaine base with the intent to distribute.
According to court records, the Franklin County Sheriff’s Office began an investigation into the suspected trafficking of illegal narcotics from an Avon residence. In July 2020, law enforcement executed a search warrant and found Chrissie LaForge, 42, inside the residence. Law enforcement seized approximately $1,200 in cash from LaForge and found 44.9 grams of fentanyl and 12.65 grams of cocaine base in her purse.
LaForge faces up to 20 years imprisonment and a minimum of three years and up to a lifetime of supervised release. She will be sentenced after the completion of a presentence investigative report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Drug Enforcement Administration, Maine Drug Enforcement Agency, and the Franklin County Sheriff’s Office investigated this case.
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Colorado Man Sentenced for Conspiring to Distribute TramadolRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that John Gentile, 59, of Arvada, Colorado, was sentenced by United States District Court Judge William K. Sessions III to two years of probation for conspiring to distribute Tramadol. Tramadol is an opioid used for pain relief and is classified as a Schedule IV controlled substance under federal law.
According to court records, beginning in or about January 2020 and continuing through 2021, Gentile became involved in receiving and redistributing controlled substances and misbranded pharmaceutical drugs shipped to him by a drug supplier in India. Typically, large quantities of the substances, including Tramadol and others, were shipped from outside the United States and received by Gentile in Colorado. Gentile then redistributed smaller quantities of the substances, including Tramadol, to customers via mail. Gentile also shipped a package to a Vermont coconspirator and received electronic payments from the Vermont coconspirator as reimbursement for shipping and packaging drugs. Gentile was arrested in March 2022. At the time of his arrest, investigators seized approximately 17,500 pills from his vehicle. The pills included Tramadol and other Schedule IV controlled substances like Alprazolam (Xanax) and Zolpidem (Ambien), among others.
U.S. Attorney Nikolas P. Kerest commented, “At a time when counterfeit prescription drugs are being used to hide fentanyl from unsuspecting users, it is especially important for law enforcement to be on the look out for prescription drugs being distributed without signoff from a medical professional. The FDA’s Office of Criminal Investigations did excellent work to identify Gentile’s illegal receipt and redistribution of Tramadol and other controlled substances. This office looks forward to continued partnership with FDA to ensure that illegal distributors like Gentile are brought to justice.”
“Prescription drugs that are smuggled from overseas and are outside the secure supply chain can present a serious health risk to those who use them. The drugs may contain dangerous ingredients and are manufactured under unknown conditions,” said Special Agent in Charge Fernando P. McMillan, FDA Office of Criminal Investigations, New York Field Office. “We will continue to investigate and bring to justice those who traffic in illegal prescription drugs.”
This case was investigated by the Food and Drug Administration, Office of Criminal Investigations.
Assistant United States Attorney John J. Boscia represented the government. William E. Kraham, Esq. represented Gentile.
Collin County Dentist Sentenced for COVID-19 Relief Related FraudRead the Press Release
PLANO, Texas – A Plano dentist has been sentenced to federal prison for COVID-19 relief related violations in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs today.
Brian Bui, 43, pleaded guilty to wire fraud and was sentenced to 18 months in federal prison today by U.S. District Judge Sean D. Jordan.
According to court documents, Bui used his dentistry business to obtain at least two Paycheck Protection Program (PPP) loans by submitting materially false application paperwork, including fabricating supporting documentation and lying about the number of employees and monthly payroll expenses. As a result of his conduct, he obtained approximately $1.89 million in forgivable loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Bui used the funds in a manner not authorized by the program, including for non-business, personal investments. Bui was also ordered to pay restitution in the amount of $1,491,305.97.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Anand Varadarajan.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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Cleveland Man Sentenced on Drug Trafficking and Firearm ChargesRead the Press Release
CLEVELAND – Deven Smith, 44, of Cleveland, Ohio, was sentenced on Wednesday, May 31, 2023, to 211 months in prison by U.S. District Judge Sara Lioi after he pleaded guilty to possession with intent to distribute cocaine and methamphetamine, carrying a firearm during a drug trafficking crime, and being a felon in possession of a firearm and ammunition.
According to court documents, on July 15, 2021, Cleveland Police Safe Streets Task Force initiated a traffic stop of a 2008 Audi Q7 that was parked and running in the area of East 79th Street and St. Clair Avenue in Cleveland. When officers approached the driver, Deven Smith, they observed a bag of suspected controlled substance on the front passenger seat, several clear plastic bags on Smith’s lap, and a digital scale in the center console. Smith admitted to officers that he also had a firearm in the vehicle. A search of the vehicle revealed a Ruger, model P345 .45 caliber pistol between the driver’s seat and the center console. Officers also located just over 10 grams of cocaine base, almost 30 grams of cocaine, methamphetamine and two cell phones. Smith is prohibited under federal law from possessing a firearm due to previous felony convictions.
The investigation was conducted by the Cleveland Police Department and the Federal Bureau of Investigation.
This case was prosecuted by Assistant United States Attorney Scott Zarzycki.
Caribou Man Faces 10+ Years for Role in Penobscot and Aroostook County Drug TraffickingRead the Press Release
BANGOR, Maine: A Caribou man pleaded guilty today in U.S. District Court in Bangor to conspiracy to distribute and possess with intent to distribute methamphetamine and fentanyl.
According to court records, between January 2018 and December 2021, John Miller, 22, conspired with others to traffic methamphetamine and fentanyl in Penobscot and Aroostook counties. Miller knowingly and intentionally joined and participated in the conspiracy.
Miller is the eleventh defendant to plead guilty in this case; four other participants in the conspiracy were sentenced in prior related cases. Miller faces at least ten years and up to life imprisonment and a minimum of five years of supervised release. He will be sentenced after the completion of a presentence investigative report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; and Maine Drug Enforcement Agency investigated the case. Assistance was provided by the police departments in Orono, Bangor, Brewer, Caribou, Presque Isle and Houlton. U.S. Attorney Darcie McElwee also recognized the cooperation and coordination provided by the Maine State Attorney General’s Office and the Aroostook County District Attorney’s Office.
Organized Crime Drug Enforcement Task Forces: 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.
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Canton Defendant Sentenced on Racketeering and Drug Trafficking ChargesRead the Press Release
AKRON – Justin Bush, 35, of Canton, Ohio, was sentenced to 96 months imprisonment on Wednesday, May 31, 2023 by U.S. District Judge Sara Lioi after he pleaded guilty to racketeering conspiracy, conspiracy to possess with intent to distribute narcotics, and to distributing narcotics. Bush was also ordered to pay a $300 Special Assessment and serve 3 years of supervised release after release from imprisonment.
According to court documents, Bush was a member of the Shorb Blocc gang that was responsible for violent street crimes including shootings and robberies as well as drug distribution in Canton, Ohio for much of the last decade. Bush was a long-term member of the Shorb Blocc gang and took part in criminal activities supporting the gang such as shooting at rival gang members and selling narcotics, specifically fentanyl.
The investigation was conducted by the Canton Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This case was prosecuted by Assistant United States Attorneys Robert Corts, Vasile Katsaros and Toni Beth Schnellinger Feisthamel.
Canadian Company Pleads Guilty to Illegally Selling Harp Seal Oil in the United StatesRead the Press Release
FeelGood Natural Health Stores Ltd. (FeelGood) pleaded guilty today to one count of violating the Lacey Act by knowingly transporting and selling harp seal oil capsules in violation of the Marine Mammal Protection Act (MMPA). The MMPA makes it unlawful to transport or sell any marine mammal, including harp seals, or products thereof, for any purpose other than public display, scientific research, or enhancing the survival of a species or stock.
According to the plea agreement, FeelGood is a Canadian corporation located in Whitby, Ontario, Canada. Between at least April 2019 and May 2021, FeelGood offered harp seal oil capsules for sale in the United States on both its own webpage and a third-party platform. It did so even though its website on the third-party platform acknowledged, “NOT ship to USA,” and though FeelGood received a notice that some shipments had been seized by the federal government for violation of the MMPA. Nevertheless, FeelGood shipped at least 936 bottles of capsules valued at over $10,000. FeelGood either shipped purchased items directly from Canada to the customer in the United States (in some instances a covert U.S. Fish and Wildlife Special Agent) or shipped the items from or through fulfillment centers run by a third party in the United States.
“Our wildlife laws were passed to ensure the continued existence and enjoyment of these natural resources for future generations,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Those who deliberately exploit marine mammals for commercial purposes in U.S. markets in violation of our wildlife laws will be criminally prosecuted.”
“This office takes the security of our borders very seriously. The illegal importation of marine mammal products not only violates the Marine Mammal Protection Act but also jeopardizes the safety of protected species such as harp seals,” said U.S. Attorney Dawn N. Ison for the Eastern District of Michigan.
FeelGood faces a maximum sentence of a fine of $500,000 and five years’ probation. Pursuant to the plea agreement the parties agree to recommend a fine of $20,000 and three years’ probation during which FeelGood must create and implement a compliance plan, train its employees, obtain any necessary licenses, and cooperate fully with the government. Sentencing is scheduled for Sept. 28.
The Lacey Act prohibits trafficking in fish and wildlife, or plants taken, possessed, transported or sold in violation of underlying federal, state, foreign or Indian Tribal law. The Lacey Act also prohibits making or submitting a false label, record, or account of fish, wildlife, or plant that has been or is intended to be transported in interstate or foreign commence.
The U.S. Fish and Wildlife Service Office of Law Enforcement investigated the case.
The Environment and Natural Resources Division’s Environmental Crimes Section and the U.S. Attorney’s Office for the Eastern District of Michigan prosecuted the case.
Cahokia Heights Teen Indicted for Trafficking Glock Switches from ChinaRead the Press Release
EAST ST. LOUIS, Ill. – A teenager from Cahokia Heights was arraigned on a two-count indictment in federal court, and he is now facing charges for engaging in a scheme to transport Machine Gun Conversion Devices, more commonly known as Glock switches, from China to St. Clair County.
Carlos Akins, 19, is facing one count of unlawful possession of a machine gun and one count of transporting prohibited weapons without a license.
“Glock switches have exploded in popularity in recent years, and federal law enforcement agencies are working together to remove the devices from our communities,” said U.S. Attorney Rachelle Aud Crowe. “Our office stands ready to prosecute the individuals responsible for trafficking Glock switches into southern Illinois.”
“The growing popularity of machine gun conversion devices poses a very real threat to public safety and the law enforcement community,” said Bernard Hansen, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, Kansas City Field Division. “As this case clearly demonstrates, ATF is committed to working with our local, state and federal partners to investigate the trafficking and use of these devices and remove them from our communities.”
“Conversion devices or switches that allow a handgun to become fully automatic are becoming more common and the Illinois State Police Public Safety Enforcement Group is committed to stopping the proliferation of these devices,” said ISP Director Brendan F. Kelly.
According to court documents, U.S. Customs and Border Protection in Chicago intercepted a package of 10 Glock switches from China in route to an address in East St. Louis for Akins in December 2022. CBP notified ISP of the package, and troopers partnered with ATF to conduct a controlled pick-up for the defendant.
After his arrest, Akins gave law enforcement consent to search his bedroom. Officers located a Glock with a purple switch, an extended magazine and an additional cell phone. During an interview, the defendant told police he ordered Glock switches from an app and had sold nine switches to customers for a total of $2,000.
In January 2023, Homeland Security Investigations seized another package of 10 Glock switches addressed to Akins. In total, Akins is accused of ordering 30 Glock switches from China.
Under federal law, auto sears, commonly known as Glock switches, are defined as a machine gun, because the relatively simple and small conversion devices can turn semi-automatic pistols into automatic weapons.
If convicted, the defendant can be sentenced to up to 15 years in federal prison and face fines up to $250,000.
An indictment is merely a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
ATF and ISP are contributing to the investigation, and Assistant U.S. Attorney Kimberly Arshi is prosecuting the case.
Armed Security Guard at 26 Federal Plaza Indicted for Violating the Constitutional Rights of an Individual Through Forced Sexual AssaultRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that JIMMY SOLANO-ARIAS, a former armed security guard at the Jacob K. Javits Federal Office Building located at 26 Federal Plaza in Manhattan, was indicted in federal court for violating the constitutional rights of an asylum seeker (the “Victim”) by forcing the Victim, through the threat of death or serious bodily injury, to perform oral sex on SOLANO-ARIAS while inside a locked office in 26 Federal Plaza. SOLANO-ARIAS was arrested and charged by Complaint on May 5, 2023. The case is assigned to U.S. District Judge Paul G. Gardephe.
U.S. Attorney Damian Williams said: “As alleged, Jimmy Solano-Arias, an armed security guard who was tasked with keeping the many federal employees and visitors to 26 Federal Plaza safe, instead used his uniform and firearm to force a vulnerable individual who was seeking asylum to perform oral sex on him. This Office is committed to holding all those who act under color of law accountable when they abuse their power and violate the constitutional rights of others. We encourage anyone who may have additional information into Jimmy Solano-Arias’s conduct to please call the FBI at 1-800-CALL-FBI.”
FBI Assistant Director in Charge Michael J. Driscoll said: “As alleged, Solano-Arias, who was employed as an armed security guard assigned to 26 Federal Plaza, sexually assaulted the victim, who had come to the building to complete his asylum paperwork. In doing so, he violated the victim’s constitutional rights through forced sexual assault. As today’s indictment should demonstrate, the FBI will never tolerate this type of activity, and Solano-Arias will be forced to face the consequences of his actions.”
According to the allegations in the Complaint and Indictment that were filed in Manhattan federal court:[1]
On or about May 4, 2023, SOLANO-ARIAS was employed as a security guard by a company that contracts with the Federal Protective Service to provide armed security services at 26 Federal Plaza. SOLANO-ARIAS was wearing a black and gray security guard uniform and carrying his employer-issued firearm on his waistband.
On or about May 4, 2023, the Victim went to 26 Federal Plaza for the purpose of submitting an asylum application. Once there, SOLANO-ARIAS offered to assist the Victim with his asylum paperwork. Instead of providing assistance, however, SOLANO-ARIAS led the Victim to a locked office on the second floor of 26 Federal Plaza, where SOLANO-ARIAS demanded that the Victim perform oral sex on SOLANO-ARIAS. When the Victim attempted to resist SOLANO-ARIAS’s demands, SOLANO-ARIAS touched his firearm, which was holstered on his waist. Fearing that SOLANO-ARIAS would kill the Victim, the Victim performed oral sex on SOLANO-ARIAS, which caused physical pain and injury to the Victim. After the assault, when the Victim was able to leave the office, he immediately reported the sexual assault to law enforcement.
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SOLANO-ARIAS, 42, of the Bronx, New York, is charged with one count of deprivation of rights under color of law, which involved kidnapping and aggravated sexual abuse, and which carries a maximum sentence of life in prison.
The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the FBI. Mr. Williams requests that any individuals who have information with respect to JIMMY SOLANO-ARIAS contact the FBI Tip Line at 1-800-CALL-FBI.
The prosecution of this case is being handled by the Office’s Civil Rights Unit in the Criminal Division. Assistant U.S. Attorney Lindsey Keenan is in charge of the prosecution.
The charge contained in the Complaint and the Indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and Indictment and the description of the Complaint and Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
u.s_v._solano-arias_indictment.pdf u.s._v._solano-arias_complaint.pdfArmed Drug Dealer Sentenced to Eight Years in Federal PrisonRead the Press Release
Spokane, WA – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that Joseph William Baker, age 28, of Airway Heights, Washington, was sentenced to 96 months in federal prison by Senior District Court Judge Wm. Fremming Nielsen. Baker was convicted of Possession with Intent to Distribute 5 Grams of Actual (Pure) Methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(viii), stemming from a traffic stop on November 22, 2021.
According to information disclosed during court proceedings, on November 22, 2021, the Whitman County Sheriff’s Office (“WCSO”) conducted a traffic stop on a vehicle driven by Baker in the Colfax, Washington area. Upon contact with WCSO deputies, Baker appeared extremely nervous and was shaking uncontrollably. He was unable to produce a driver’s license and advised the deputy that his driver’s license was suspended. Baker was asked to get out of his car, and in doing so, the deputy noticed a bag of heroin on the floor of the vehicle. A subsequent search of Baker’s person revealed methamphetamine in his pocket as well as just over $800 in U.S. Currency. Baker admitted the money was from drug sales and that there was a loaded handgun in his car that may have been stolen.
A state search warrant was obtained for Baker’s vehicle, and the WCSO located over 100 fentanyl-laced pills, approximately two ounces of methamphetamine, two ounces of heroin, two working digital scales with drug residue on them, and a loaded Smith & Wesson Bodyguard .380 ACP caliber semi-automatic firearm. A record check on the firearm, and subsequent witness interviews, revealed the firearm was stolen from the Spokane area about a week prior to the traffic stop. After Baker’s federal indictment, he was released to attend drug treatment. After about one week in treatment, Baker left, absconded from supervision, and was a fugitive for close to seven months before being located and rearrested.
During the sentencing hearing, Judge Nielsen noted that drug trafficking is a very serious activity that harms the community. The Court explained that Baker’s activities fed the addictions of others and created additional addicts. Judge Nielsen further noted that Baker engaged in this dangerous conduct notwithstanding multiple prior felony convictions and a history of assaultive behavior. As Judge Nielsen put it, Baker had “thumb[ed] his nose at the system,” by failing to appear for his criminal cases on at least twelve separate occasions.
“I’m grateful for the professionalism and dedication of the federal and state law enforcement team, who work together to keep our communities safe,” stated U.S. Attorney Waldref. “Mr. Baker brought dangerous drugs into our community and possessed stolen firearms that put our neighborhood at risk. Today’s sentence reaffirms our Office’s commitment to prevent violence and holding individuals accountable for their crimes.”
Whitman County Sheriff Brett Myers stated, “I could not be more pleased with the outcome of this case and the cooperation we received from our federal partners. The Whitman County Sheriff’s Office will continue to pursue every avenue we can to keep our communities, streets and neighborhoods safe from those who intend to violate the law and traffic in dangerous and deadly narcotics.” He continued, “The public expects its law enforcement agencies to protect and serve. In order to do that, we must also hold people accountable. Todays’ sentence demonstrates that in Whitman County and Eastern Washington accountability is the rule, not the exception.”
“Mr. Baker received many opportunities to bring his conduct in line with the law, but repeatedly chose not to do so,” said ATF Seattle Special Agent in Charge Jonathan T. McPherson. “Our communities are safer when we remove armed drug dealers from our streets for an extended period of time.”
This case was investigated by the Whitman County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. This case was prosecuted by Assistant United States Attorney Caitlin Baunsgard.
Case No.: 2:22-CR-024-WFN
Anthony Facos Joins U.S. Attorney’s Office as District’s Law Enforcement CoordinatorRead the Press Release
Burlington, Vermont – United States Attorney Nikolas P. Kerest announced that effective today Anthony Facos has joined the U.S. Attorney’s Office as the new Law Enforcement Coordinator for the District of Vermont.
“Tony brings extensive law enforcement knowledge and experience to this critical position,” said U.S. Attorney Kerest. “He has deep roots in the Vermont law enforcement community and is an incredibly well-respected law enforcement officer in the state. I look forward to working with Tony to continue to maintain and enhance our Office’s relationships with our law enforcement partners and community stakeholders throughout Vermont.”
Facos joins the Office with more than 35 years of state and local law enforcement experience. He spent 33 years with the Montpelier Police Department, including 13 years as Chief of Police. Most recently, Facos served as the Executive Director of the Division of Enforcement and Safety for Vermont’s Department of Motor Vehicles. Facos began his law enforcement career with the Vermont State Police’s Marine Patrol.
Facos has a bachelor’s degree and a master’s degree from Norwich University, in addition to training he received at the Vermont Police Academy and FBI National Academy. He has been an Executive Board Member of the FBI Albany Division’s Joint Terrorism Task Force as well as co-chair of Vermont’s Law Enforcement Advisory Board.
As Law Enforcement Coordinator, Facos’s duties will involve advising the U.S. Attorney on law enforcement issues throughout Vermont. Facos will facilitate communication among federal, state and local law enforcement within the District of Vermont. Facos will serve as liaison and conduit for state and local law enforcement agencies to bring cases for possible federal prosecution with an emphasis on reduction of violent crime. He will also promote community engagement regarding Department of Justice initiatives, law enforcement priorities, and crime prevention activities.
Ada Resident Sentenced for Second Degree MurderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Stephen Tanner Vineyard, age 31, of Ada, Oklahoma, was sentenced to 200 months in prison for second degree murder.
The charges arose from investigations by the Oklahoma State Bureau of Investigation, the Ardmore Police Department, the Carter County District Attorney’s Office, and the Federal Bureau of Investigation.
On May 10, 2022, Vineyard pleaded guilty to aiding and abetting a Murder in Indian Country – Second Degree. According to investigators, a 59-year-old Ardmore resident sustained multiple shotgun wounds in the early morning hours of June 30, 2014, and was left to die on her front porch. Years later, witnesses came forward and recounted statements Vineyard made at the time of the murder admitting his involvement.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because Vineyard is a member of a federally recognized Indian tribe and the crimes occurred in Carter County, within the boundaries of the Chickasaw Nation Reservation and the Eastern District of Oklahoma.
The Honorable David C. Joseph, U.S. District Judge in the United States District Court for the Western District of Louisiana, sitting by designation, presided over the hearings in Muskogee. Vineyard will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
9 Indicted in Joint Task Force Alpha Investigation as Part of Takedown of Migrant Smuggling OrganizationRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations El Paso, announced today that the indictment against 9 alleged human smugglers was unsealed.
A federal grand jury indicted all 9 defendants on May 18, 2023. According to the indictment and other court records, Jose Luis Avalos, aka “El Gordo,” 40, of El Paso, Texas, allegedly led the human smuggling operation. Avalos and his wife, Kristina Hardin, 41, of El Paso, Texas, were arrested in El Paso on June 1, 2023, and detention hearings are set on June 7, 2023 to determine whether they will remain in custody pending trial, which has not been scheduled. If convicted, Avalos and Hardin each face 20 years in prison.
Avalos’ brother, David Avalos-Solis, 48, of Chaparral, New Mexico, was arrested on May 24, 2023, and will remain in custody pending trial, which has not been scheduled. If convicted, Avalos-Solis faces 10 years in prison.
Nancy Orellana-Recinos, 37, of Rio Rancho, New Mexico, and a citizen of Guatemala, was arrested in Rio Rancho, New Mexico on June 1, 2023, and will remain in custody pending trial, which has not been scheduled. If convicted, Orellana-Recinos faces 20 years in prison and will be subject to deportation.
Dario Rey Gamboa, 19, and his twin brother Diego Rean Gamboa, aka “Sunny,” 19, both of Las Cruces, New Mexico, were arrested on May 23, 2023, and June 1, 2023, respectively. Dario Rey Gamboa was released on conditions, and Diego Rean Gamboa is pending a detention hearing to determine whether he will remain in custody pending trial, which has not been scheduled. If convicted, they each face 10 years in prison.
Cindy Marie Escobar, 42, of Lordsburg, New Mexico, was arrested on May 23, 2023, and is pending a detention hearing to determine whether she will remain in custody pending trial, which has not been scheduled. If convicted, Escobar faces 10 years in prison.
Justin Walker, 31, of Las Cruces, New Mexico was arrested on May 27, 2023, and will remain in custody pending trial, which has not been scheduled. If convicted, Walker faces 10 years in prison.
A warrant for the arrest of Adam Guerrero, 38 of Las Cruces, New Mexico has been issued.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
Attorney General Merrick B. Garland established Joint Task Force Alpha to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. JTFA consists of federal prosecutors from border U.S. Attorney’s Offices, from the Criminal Division and the Civil Rights Division, along with law enforcement agents and analysts from HSI and CBP. The FBI and the Drug Enforcement Administration are also part of the task force, along with other interagency partners.
The U.S. Customs and Border Patrol and the U.S. Border Patrol investigated this case. Assistant United States Attorney Randy M. Castellano is prosecuting the case.
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Virginia Man Sentenced to 10 Years in Prison for Shooting a Man in Northwest WashingtonRead the Press Release
WASHINGTON – Richard Nduba, 39, of Alexandria, Virginia, was sentenced today to 120 months in prison for firing multiple shots at a man in August 2022 in Northwest Washington D.C., announced U.S. Attorney Matthew M. Graves and Interim Chief Ashan Benedict, of the Metropolitan Police Department.
Nduba was convicted on March 22, 2023, following a three-day trial in the Superior Court of the District of Columbia, of assault with a dangerous weapon and possession of a firearm during the commission of a crime of violence. In addition to the prison term, the Honorable Erik Christian ordered 36 months of supervised release.
According to the government’s evidence, on August 10, 2022, the defendant argued with with the victim, a friend, outside the Walmart on 99 H Street NW around 7:00pm. After the argument, the victim, who is wheelchair bound, went to the 800 block of 1st street NW next to the Walmart’s loading dock area to speak on the phone. The defendant circled the block in his rental SUV until he found the victim. Upon finding the victim, the defendant lowered his window, pointed a black handgun at the victim, and shot at the victim twice. The defendant stopped shooting only after the victim acted as if he had been hit and played dead in his wheelchair. Both shots, however, missed the victim. A bullet hole was later discovered in Walmart’s loading dock door, next to where the victim had been sitting at the time of the shooting.
This case was investigated by the Metropolitan Police Department. It was investigated, prosecuted. and tried by Assistant U.S. Attorneys Omeed Assefi and Colin Cloherty of the Major Crimes Unit of the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by Assistant U.S. Attorneys Kimberly Nielsen and Kathleen Kern, Paralegal Specialist Debra McPherson, and Litigation Technology Specialist Charlie Bruce.
Verona Man Sentenced to 30 Months for Illegal Gun PossessionRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Lazerek Austin, 19, Verona, Wisconsin was sentenced today by Chief U.S. District Judge James D. Peterson to 30 months in prison for being a felon in possession of a firearm. Austin pleaded guilty to this charge on February 24, 2023.
On May 31, 2022, Austin was convicted in Dane County Circuit Court of felony car theft, and he was released pending sentencing. Austin failed to appear at sentencing on July 20, 2022, at which time a warrant was issued for his arrest.
Over the course of that summer, law enforcement was monitoring the social media activities of a local street gang in response to retaliatory violence between it and another gang. Detectives found photographs and video of Austin in possession of several different firearms that were posted after he was convicted and failed to appear in court.
On August 17, 2022, detectives located Austin at an apartment in Middleton and arrested him. Inside of the apartment they located a handgun inside of a box in the closet. Austin’s DNA was found on that handgun.
Subsequent investigation found numerous pictures of Austin holding handguns, an AR15, an AK variant, and Glocks that had a full auto switch installed on them. Austin told detectives that one photo was of him holding five handguns that belonged to others. He admitted that he posed in those photos to look tough and said that he kept a gun for protection from others who thought that he did something to wrong them. Some of the photos involved Austin openly holding handguns and AR15’s in parking lots, and many showed him with guns in cars in Madison and Chicago.
At sentencing, Judge Peterson recognized that Austin was a very young man but said that he gave the court no option but to send him to prison because he was a danger to the community. Judge Peterson considered the nature of the photos that Austin posted as showing he was part of a group where he and his friends were reinforcing each other’s bad behavior, and that trajectory was that someone was going to get shot. In weighing the options of protecting the public versus rehabilitation, Judge Peterson said that the court had to stand up for the protection of the community. Austin was also ordered to serve three years of supervised release.
The charge against Austin was the result of an investigation conducted by the Fitchburg, Madison, and Middleton Police Departments, the Dane County Sheriff’s Office Tactical Response Team, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of the case has been handled by Assistant U.S. Attorney Corey Stephan.
This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.
Vermont Man Sentenced to 10 Years Following Jury Conviction for Attempted Enticement of a MinorRead the Press Release
ALBANY, NEW YORK – Thomas Cesiro, age 69, of Rutland, Vermont, was sentenced today to 10 years in prison for attempting to entice a minor to engage in sexual activity.
United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.
After a three-day trial, the jury voted to convict Cesiro on October 13, 2022. The trial evidence established that from October 10 to October 20, 2020, Cesiro exchanged more than 1,000 text messages and 9 phone calls with Albany-based investigators who were posing as both a 12-year-old girl and the adult mother of the girl. During one phone call, Cesiro instructed the girl how to conduct a sexual act.
On October 20, 2020, Cesiro traveled from his residence in Rutland to Bennington, Vermont, to meet the purported mother and 12-year-old child, and brought with him various sex devices and gifts for the child, including a vibrating Frozen-themed toothbrush. Cesiro was encountered by law enforcement officials upon his arrival to the meeting location and arrested.
United States District Judge Mae A. D’Agostino also imposed a 10-year term of post-imprisonment supervised release.
This case was investigated by the FBI and its Child Exploitation Task Force, including investigators from the Colonie Police Department, Rotterdam Police Department, and New York State Police, and was prosecuted by Assistant United States Attorneys Rachel Williams and Richard Belliss.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s offices, Project Safe Childhood marshals federal, state, and local resources to better located, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc/.
Utah County Woman Pleads Guilty to Committing $5M in Securities Fraud from InvestorsRead the Press Release
Salt Lake City, Utah – A Utah woman pleaded guilty Tuesday to securities fraud and admitted she devised a scheme intended to defraud investors and obtain money and property, under false pretenses, to benefit her company, ProSky Inc.
According to court documents, Crystal A. Huang, 41, of Lehi, admitted she knowingly offered investments in her company, ProSky Inc., by providing false promises to potential investors. From February 2015 through February 2020, in the District of Utah and elsewhere, Huang would lull investor victims into a false sense of security about their investments by claiming her company, ProSky Inc., had millions in recurring revenue, when in fact it did not. She further supported her false claims by providing investors with falsified balance sheets, profit and loss statements, bank account statements and customer lists. During her scheme to defraud, Huang obtained approximately $5.025 million from approximately 13 investors and communicated via email, telephone and through an online database. In one transaction, Huang caused a wire transfer of $750,000 to ProSky Inc. via interstate commerce.
Huang is scheduled to be sentenced on August 15, 2023, at 2:00 p.m. in courtroom 8.1 before U.S. District Court Judge David Barlow at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case is being investigated by the FBI Salt Lake City Field Office, Provo Resident Agency.
Assistant U.S. Attorney Mark E. Woolf of the District of Utah is prosecuting the case.
U.S. Attorney Will Thompson Issues Statement Regarding West Virginia State Police Sergeant Fatally Shot in the Line of DutyRead the Press Release
CHARLESTON, W.Va. – United States Attorney Will Thompson issued the following statement regarding West Virginia State Police Sgt. Cory Maynard, who was shot and fatally wounded in the line of duty on Friday, June 2, 2023, in Mingo County.
We join with all West Virginians in grief at the loss of State Police Sgt. Cory Maynard, who was shot and fatally wounded in the line of duty earlier today. Throughout this district, our state and our nation, the men and women of law enforcement put their lives on the line for the safety and protection of us all. Today’s tragedy is a grim reminder of the dangers inherent in that sacred task. Sgt. Maynard proved himself an outstanding example of selfless service and dedication to his community, and we mourn alongside our state and the law enforcement community.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia.
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Truro Man Pleads Guilty to Illegally Selling at Least 23 Firearms on Cape CodRead the Press Release
BOSTON – A Truro man pleaded guilty yesterday in federal court in Boston to illegally selling firearms.
James McNulty, 61, pleaded guilty to one count of dealing in firearms without a license. U.S. Senior District Court Judge William G. Young scheduled sentencing for Sept. 11, 2023. McNulty was arrested in February 2022.
Between around January 2021 to April 2021, McNulty offered for sale and sold at least 23 firearms that did not belong to him. McNulty personally sold the firearms to other individuals from his residence in Truro in exchange for cash. McNulty does not possess a license to import, manufacture, or deal firearms.
The charge of dealing in firearms without a license provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement. Special assistance was provided by the Truro and Provincetown Police Departments. Assistant U.S. Attorneys Charles Dell’Anno and David G. Tobin of Levy’s Criminal Division are prosecuting the case.
Trafficking of Fentanyl, Heroin and Methamphetamine Results in Sentences Totaling 30+ Years in Federal Prison for Two Louisiana MenRead the Press Release
LAFAYETTE, La. – Two men involved in a conspiracy to distribute fentanyl, heroin, and methamphetamine have been sentenced in the Western District of Louisiana, announced United States Attorney Brandon B. Brown. United States District Judge S. Maurice Hicks, Jr. sentenced Robert Joseph Gant, 57, of Jennings, and Randall Tyler, 38, of Lake Charles as follows:
Robert Joseph Gant was sentenced to 210 months (17 years, 6 months) in prison, followed by 5 years of supervised release. Gant pleaded guilty to conspiracy to distribute and possess with intent to distribute heroin and fentanyl.
Randall Tyler was sentenced to 162 months (13 years, 6 months) in prison, followed by5 years of supervised release. Tyler pleaded guilty to conspiracy to distribute and possess with intent to distribute methamphetamine.
The charges in this case stem from an investigation by agents with the U.S. Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI), which began in 2018 and continued through 2020, into the drug trafficking activities of Gant and Tyler, along with other co-conspirators. Law enforcement agents conducted surveillance and received approval to intercept wire communications to and from a co-defendant’s telephone. Through their monitoring of calls and messages sent from that telephone, as well as surveillance and other investigative techniques, agents learned that both Gant and Tyler, as well as other co-conspirators, were selling and distributing narcotics in the south Louisiana area.
Through their further investigation, law enforcement agents obtained evidence that Gant and Tyler were communicating with other co-conspirators regarding the type and quantity of narcotics that would be delivered to Gant and Tyler after this co-conspirator returned to Louisiana from Mexico. Agents were able to track the shipment of these narcotics and obtained search warrants for Gant’s residence and other stash houses. Upon execution of these search warrants, agents recovered approximately 1,017 grams of fentanyl, 260 grams of heroin and 320 grams of methamphetamine. Tyler and Gant were charged along with 14 others, in this Organized Crime Drug Enforcement Task Force (OCDETF) Operation named “Inspired Wrath.”
The case was investigated by the DEA, FBI, Eunice Police Department, Lafayette Police Department, and Louisiana State Police, and prosecuted by Assistant U.S. Attorney Daniel J. Vermaelen.
This effort is part of an ongoing OCDETF operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
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Three sent to prison for Pearland bank robberyRead the Press Release
HOUSTON – Three Houston men have been ordered to federal prison for aiding and abetting bank robbery and brandishing a firearm for the 2021 robbery of a local Woodforest Bank, announced U.S. Attorney Alamdar S. Hamdani.
Alex Dwayne Thomas, 20, and Rafael Fernandez, 29, pleaded guilty Feb. 24 and Jan. 26, respectively.
Today, Judge Alfred H. Bennett sentenced Thomas and Fernandez to 24 and 18 months in prison, respectively, for the bank robbery. They each also received an additional 84 months for the firearms charges which must be served consecutively. The respective 108 and 102-month prison terms will be followed by three years of supervised release.
Accomplice Lorenzo Lewis Smith, 20, Houston, also pleaded guilty and was sentenced to 108 months April 20.
“These men put innocent lives at risk – first when they terrorized bank employees at gunpoint, then by engaging in a reckless escape,” said Hamdani. “Thankfully, authorities were on their heels and put them in custody in short order. This sentence shows our vigilance in combatting violent crime and how we partner with law enforcement to ensure these criminals are off the streets of Houston.”
The charges stem from a violent take-over style robbery of a Pearland area Woodforest Bank Nov. 5, 2021. During the robbery, Thomas jumped over the teller counter while brandishing a 9mm firearm with an extended magazine. Smith then used a crowbar to pry open the cash drawers and stole U.S. currency.
Both then fled to an awaiting get-away car that Fernandez was driving. Authorities pursued the vehicle in a high-speed chase before safely apprehending all three men.
All three men will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation with the assistance of the Harris County Sheriff’s Office Task Force officers and the Pearland Police Department. Assistant U.S. Attorney Matthew Peneguy and John M. Lewis prosecuted the case.
Texas Man Gets 57 Months in Prison for Drug Transportation ChargeRead the Press Release
EAST ST. LOUIS, Ill. – A U.S. District judge sentenced a man from Texas to 57 months in federal prison after he admitted to transporting a kilogram of cocaine to Illinois.
In addition to the prison sentence, Henry Garcia-Blanco, 28, of Irving, Texas, will serve three years of supervised release.
“Increased accessibility to illicit drugs creates significant health risks for communities in southern Illinois, and the individuals found responsible for transporting large quantities of dangerous narcotics across our state lines will face time in prison,” said U.S. Attorney Rachelle Aud Crowe. “I appreciate the efforts by the DEA to investigate and arrest offenders and help improve public safety.”
In late 2021, DEA agents began an investigation after learning significant quantities of cocaine were being transported from Texas, through Illinois, and on to St. Louis, Missouri. On Dec. 10, 2021, a confidential source informed agents a drug courier was stuck in Effingham, Illinois. The courier was identified as Garcia-Blanco, and the agents arranged a ride to facilitate his travel.
Law enforcement conducted a traffic stop of the truck and identified the defendant as a passenger. Upon questioning from law enforcement, a positive alert from a trained narcotics K-9 and a subsequent search of the vehicle, officers located a vacuum-sealed brick of what was later confirmed by laboratory testing to be just over a kilogram of cocaine. Garcia-Blanco admitted that he was transporting the cocaine from Texas.
DEA led the investigation, and Assistant U.S. Attorney Daniel S. Carraway prosecuted the case.
Steelton Man Charged with Drug Trafficking and Firearm OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Leron Harris, age 30, of Steelton, Pennsylvania, was indicted on May 31, 2023, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney Gerard M. Karam, the indictment states that Harris distributed and possessed with the intent to distribute cocaine on multiple occasions between August 2022 and March 2023 in Harrisburg and Steelton. The indictment further states that he possessed a firearm in furtherance of his drug trafficking activities.
The case was investigated by the Harrisburg Bureau of Police, Pennsylvania State Police, Dauphin County Drug Task Force, and the Federal Bureau of Investigation. Assistant U.S. Attorney Johnny Baer is 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.
The maximum penalty under federal law for these offenses is a term of life imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Salvadoran Man Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Salvadoran man was sentenced yesterday in federal court in Boston for illegally reentering the United States after deportation.
Jose Rodriguez, 42, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 15 months in prison followed by one year of supervised release. Rodriguez will be subject to deportation proceedings upon completion of his sentence. On March 28, 2023, Rodriguez pleaded guilty to one count of unlawful reentry of a deported alien.
Rodriguez was deported from the United States in April 2018 after serving a three-to-five-year prison sentence for a child rape conviction out of Suffolk County. Sometime after his April 2018 removal, Rodriguez illegally reentered the United States.
Acting United States Attorney Joshua S. Levy and Todd M. Lyons, Field Office Director of the U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations in Boston made the announcement today. Assistant U.S. Attorney Mark Grady of Levy’s Major Crimes Unit prosecuted the case.
Sallisaw Resident Sentenced for Arson in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Felicia Nicholl Bargar, age 35, of Sallisaw, Oklahoma, was sentenced to 36 months in prison and ordered to pay $7,500.00 in restitution for committing Arson in Indian Country.
The charges arose from investigations by the Sallisaw Police Department, the Oklahoma State Fire Marshal, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On May 6, 2022, Bargar pleaded guilty to willfully and maliciously setting fire to and burning a dwelling. According to investigators, in October 2020, Bargar intentionally set fire to a trailer house she was renting after receiving an eviction notice.
“I am thankful for the cooperative investigative work of law enforcement which resulted in the defendant being brought to justice for her senseless and malicious acts," said United States Attorney Christopher J. Wilson.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting by appointment, presided over the hearing in Oklahoma City. Bargar will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Kevin Gross represented the United States.
Salem Man Sentenced for Conspiring to Distribute over Four Kilograms of Fentanyl PillsRead the Press Release
BOSTON – A Salem man has been sentenced in federal court in Boston for conspiring to distribute large amounts of fentanyl.
Jose Esmerlin Diaz, 38, of Salem, was sentenced on May 23, 2023 by U.S. District Court Judge Nathaniel M. Gorton to 52 months in prison and two years of supervised release. In April 2021, Diaz pleaded guilty to one count of conspiracy to distribute and possession with intent to distribute 400 grams or more of fentanyl. In January 2020, Diaz was arrested and charged with co-defendant Manuel E. Tejeda.
On Jan. 17, 2020, Diaz delivered an estimated 13,770 fentanyl pills (weighing approximately 1.6 kilograms) disguised as 30mg Percocet pills to a cooperating source at a price of $6 per pill. Is it alleged that shortly thereafter, Tejeda and another man arrived in the vicinity of the drug transaction to deliver additional pills, and were found in possession of an estimated 29,742 fentanyl pills (weighing approximately three kilograms). Those additional pills were consistent in appearance with the pills delivered by Diaz and packaged in a similar manner.
Acting United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; John E. Mawn, Jr., Interim Colonel of the Massachusetts State Police; Peabody Police Chief Thomas M. Griffin; and Andover Police Chief Patrick Keefe made the announcement today. Assistant U.S. Attorneys Charles Dell’Anno, Craig Estes and Kunal Pasricha of Levy’s Criminal Division prosecuted the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Rochester Man Charged with Production and Possession of Child PornographyRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Stephen Nicot, 60, of Rochester, NY, was arrested and charged by criminal complaint with production and possession of child pornography, which carry a minimum penalty of 15 years in prison and a maximum of 30 years.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in July 2022, the Monroe County Sheriff’s Office received information that Nicot had cameras hidden in a bathroom of his residence. The Sheriff’s office subsequently executed a search warrant at the residence, seizing a USB drive, cell phones, an SD card, and a laptop. A forensic review of the items seized recovered numerous photographs and videos depicting young boys and adult men nude. Some of the videos depicted young boys and adult men showering. Investigators believe some of the videos were taken by the camera hidden in Nicot’s bathroom. In addition, investigators have identified videos that they believe were taken by a camera that Nicot hid in a bathroom, that included a shower, in an Orleans County, NY, church. The investigation has identified five victims.
Anyone with information regarding this case is asked to call the Federal Bureau of Investigation at 1-585-546-2220.
The complaint is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter and the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction Special Agent-in-Charge Matthew Miraglia.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Felon Pleads Guilty to Drug and Gun ChargesRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced that Jesus Santiago, 32, of Rochester, NY, pleaded guilty to possession with intent to distribute marijuana and being a felon in possession of a firearm and ammunition, before U.S. District Judge David G. Larimer. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on June 23, 2022, Santiago was on supervised release. U.S. Probation officers searched his residence on Glide Street in Rochester, and recovered a loaded 9mm, semi-automatic handgun, ammunition, approximately 362 grams of marijuana, and drug packaging material. In 2016, Santiago was convicted in Erie County, NY Court of Attempted Criminal Possession of a Weapon in the Second Degree. In 2019, he was convicted in the Western District of New York of being felon in possession of a firearm and ammunition. As a result, Santiago is legally prohibited from possessing firearms and ammunition.
The plea is the result of an investigation by U.S. Marshals Service Task Force, under the direction of Marshal Charles Salina, the United States Probation Office, under the direction of Chief Probation Officer Timothy C. Englerth, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito.
Sentencing is scheduled for August 30, 2023, at 2:30 p.m. before Judge Larimer.
Repeat Child Sex Offender Sentenced to 10 Years in Federal Prison for Child Pornography OffenseRead the Press Release
Louisville, KY – A Louisville man was sentenced yesterday to 10 years in federal prison for a child pornography offense.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky made the announcement.
According to court documents, Daniel Guenther, 58, of Louisville was sentenced yesterday to 10 years in federal prison, followed by a life term of supervised release, for attempting to access with intent to view child pornography after having been previously convicted of receiving and possessing child pornography and child molesting.
In 2007, Guenther had previously been convicted of receiving and possessing child pornography in the United States District Court for the Western District of Kentucky and was sentenced to 17 years in prison followed by a life term of supervised release. During his term of supervised release, Guenther was found to be in possession of an unauthorized and unmonitored cellular telephone with internet capabilities and to have used that cellular telephone to attempt to access with intent to view child pornography.
There is no parole in the federal system.
The case was investigated by the United States Probation Office for the Western District of Kentucky with assistance from the United States Secret Service.
Assistant U.S. Attorney Jo E. Lawless prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Raleigh County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – James Pratt, 31, of Beckley, was sentenced today to four years and nine months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on February 25, 2021, Pratt was a passenger in a vehicle pulled over by law enforcement officers in Beckley. Officers found a Browning, model Hi-Power, 9mm pistol and $5,385 in the vehicle during the traffic stop. Pratt admitted to possessing the firearm and the money. Pratt further admitted that he possessed the firearm in connection with his drug trafficking activities, which included receiving four or five ounces of heroin and fentanyl per day that he subsequently distributed.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Pratt knew he was prohibited from possessing a firearm because of his prior felony convictions in Raleigh County Circuit Court for first-degree robbery on August 5, 2010, and child abuse resulting in injury on July 29, 2013.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Raleigh County Sheriff’s Department.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Negar M. Kordestani and Andrew D. Isabell prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:22-cr-106.
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Raleigh County Man Sentenced to More than 24 Years in Prison for Child Exploitation CrimeRead the Press Release
BECKLEY, W.Va. – James Edward Cook, 43, of Arnett, was sentenced today to 24 years and four months in prison, to be followed by 25 years of supervised release, for attempted enticement of a minor. Cook must also register as a sex offender.
According to court documents and statements made in court, in December 2021, Cook began communicating with an individual on Facebook he believed to be a 9-year-old girl living in Beckley. Cook admitted that he discussed sexually explicit topics with the minor female, offered to teach her about sex, and encouraged her to take pictures of herself masturbating. Cook further admitted that he explained to the minor female that he wanted to be her first sexual partner and described his intentions in explicit detail using graphic language. Cook promised gifts to the minor female, including a cell phone.
Cook spoke to the minor female twice by telephone. Cook admitted to instructing her to prepare for their sexual intercourse, explaining that it might hurt and telling her to wash her genitals in advance. Cook further admitted that he told the minor female he would make a video of them having sexual intercourse for the first time, and discussed getting the minor female pregnant in the future.
On December 28, 2021, Cook arranged to meet the minor female outside a Raleigh County school. Cook admitted that he coached the minor female on what to tell the driver who would pick her up. Cook obtained a ride from a friend to pick up the minor female at the school. When Cook arrived at the location that evening, he was arrested by law enforcement.
A forensic analysis of Cook’s cell phone and Facebook account revealed multiple conversations in which Cook discussed sexual activities with minor children, including Cook boasting that he had previously engaged in sexual intercourse with children as young as 12.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) West Virginia Human Trafficking and Child Exploitation Task Force, the West Virginia Crimes Against Children (ICAC) Task Force, and the West Virginia State Police.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Julie M. White prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:22-cr-43.
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