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Friday 21 April 2023
Justice Department’s Environment and Natural Resources Division Celebrates Earth Day by Releasing the Division’s Accomplishments Report for Fiscal Year 2022Read the Press Release
Today, in celebration of Earth Day on April 22, the Department of Justice’s Environment and Natural Resources Division (ENRD) released the Division’s Accomplishments for Fiscal Year (FY) 2022.
“I am very pleased to announce the release of the Environment and Natural Resources Division’s Accomplishments Report for FY 2022,” said Assistant Attorney General Todd Kim of the ENRD. “I could not be prouder of how the ENRD team has been carrying out our mission in service of the American people, including as a key player in the administration’s efforts to secure environmental justice and respond to the climate crisis.”
As highlighted in the report, the division in 2022 continued to prioritize efforts to combat climate change. And, building on the division’s work, the Justice Department established the Office of Environmental Justice within the division and issued a comprehensive environmental justice enforcement strategy.
More broadly, the division worked closely with partners throughout the federal government to enforce a range of federal laws that protect public health, wildlife and other natural resources, worker safety and animal welfare. The division also defended client federal agencies in court when their regulations, decisions and other actions were challenged. The division also worked to preserve the rights and resources of federally recognized Indian tribes and filed condemnation actions to acquire land for federal agency programs.
In FY 2022, the division worked on roughly 4,500 matters. The division obtained over $820 million in civil and criminal fines, penalties, and costs recovered, while also securing federal injunctive relief valued at $3.1 billion. And, through defensive and condemnation litigation, the division saved the United States more than $2.1 billion.
The accomplishments described in the report add to division’s legacy. The division’s work is as important as ever given the environmental and other challenges that face the nation today and that will continue to arise in the years to come.
Justice Department Announces Civil Legal Services Pilot ProgramRead the Press Release
The Justice Department announced today that the Office for Access to Justice, Bureau of Prisons and National Institute of Corrections (NIC) are collaborating to launch an innovative pilot program to provide civil legal services to incarcerated individuals in select Bureau of Prisons (BOP) women’s facilities. In remarks delivered at the department’s Celebration of Second Chances event, the Deputy Attorney General highlighted this new initiative as a strategy to improve success upon reentry.
Incarcerated individuals are a particularly vulnerable population when it comes to unmet civil legal needs. The prompt resolution of pending civil legal issues – such as debt collection, access to benefits or child custody matters – can help support successful reentry and promote public safety. The department recently issued a report finding that access to legal assistance is a barrier for most in this country, and this civil justice gap widens for those who are incarcerated. The Civil Legal Services Pilot Program will seek to meet this need.
“When individuals leaving incarceration cannot access basic needs to pursue a successful future, we're not achieving the promises of justice,” said Director Rachel Rossi of the Office for Access to Justice. “Legal help can often ensure access to these foundational needs, like economic security. By partnering with the Bureau of Prisons and National Institute of Corrections to offer legal services to individuals during incarceration, ATJ can help break down barriers to equal access to justice for all.”
“Partnering with the Office for Access to Justice is a crucial step in breaking down barriers to provide important legal access to adults in custody,” said BOP Director Colette Peters. “Some of the most vulnerable individuals in need of legal resources will now be afforded the opportunity to have access. The initial pilot, serving our women in custody, is significant as it will continue to support our gender responsive, and trauma informed focus, while addressing the additional barriers women also face.”
The Civil Legal Services Pilot Program was launched after the Bureau of Prisons, National Institute of Corrections and Office for Access to Justice administered a voluntary survey to incarcerated individuals to assess civil legal need. More than 50,000 adults in custody responded, and the overwhelming majority of the respondents stated that they would benefit from civil legal services. This pilot program will start to offer those services on a limited scale – on particular issues in certain facilities – with the purpose of evaluating the feasibility and utility of expanding those services across all BOP facilities. Informed by this review and relevant research and data, BOP, NIC and ATJ anticipate that the pilot program will focus initially on women’s facilities.
“Working with the Office for Access to Justice has been a wonderful collaboration so far, and we are just getting started,” said Acting Director Dr. Alix McLearen of the National Institute of Corrections. The survey results show the incredible need which exists in the incarcerated population. Addressing legal concerns while people are still in custody is a major step forward in promoting successful community reintegration. And beginning the pilot with women continues our important work on equity and inclusion.”
In the coming weeks, the department’s Office for Access to Justice will post a job announcement for an Attorney Advisor within the Office for Access to Justice to develop, launch and implement this pilot program, working with the support of the Bureau of Prisons and National Institute of Corrections, who will monitor the work and develop lessons learned as the initiative continues.
Jefferson Parish Man Pleads Guilty to Federal Gun and Drug OffensesRead the Press Release
NEW ORLEANS, LOUISIANA – LANCE STEVENS, age 27, a resident of Gretna, Louisiana, pleaded guilty on April 20, 2023 before Chief U.S. District Judge Nannette Jolivette Brown to a six-count indictment charging him with violations of the Federal Gun Control Act and the Federal Controlled Substances Act. STEVENS was charged with two counts of drug trafficking in violation of 21 U.S.C. § 841(a)(1), two counts of possessing a firearm in furtherance of those drug trafficking offenses in violation of 18 U.S.C. § 924(c)(1)(A), and two counts of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).
According to court documents, STEVENS was arrested by Jefferson Parish Sheriff’s Office detectives on two separate occasions in 2021. At the time of each arrest, STEVENS, a convicted felon, possessed illegal narcotics that he intended to sell and firearms in furtherance of drug trafficking.
For Count 1, possession with intent to distribute marijuana and tramadol, STEVENS faces a maximum sentence of five years imprisonment, up to a $250,000 fine, at least two years of supervised release for trafficking marijuana, and at least one year of supervised release for trafficking tramadol. For Count 4, possession with intent to distribute tapentadol, STEVENS faces a maximum sentence of 20 years imprisonment, up to a $1,000,000 fine, and at least three years of supervised release. For Counts 2 and 5, possession of a firearm in furtherance of a drug trafficking offense, STEVENS faces a mandatory minimum sentence of five years up to life in prison on each count, which must run consecutive to each other and to any other count, a maximum $250,000 fine, and up to three years of supervised release. For Counts 3 and 6, felon in possession of a firearm, STEVENS faces a maximum sentence of 10 years imprisonment on each count, up to a $250,000 fine, and up to three years of supervised release. STEVENS must also pay a mandatory special assessment fee of $100 for each count.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Jefferson Parish Sheriff’s Office. It is being prosecuted by Assistant United States Attorney David Berman of the Violent Crimes Unit.
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Honduran Man Sentenced to Two Years in Prison for Illegal Possession AmmunitionRead the Press Release
BIRMINGHAM, Ala. – A federal judge on Tuesday sentenced a Honduran man illegally residing in Birmingham for illegal possession of ammunition, announced U.S. Attorney Prim F. Escalona and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Katrina W. Berger.
U.S. District Court Judge Annmarie C. Axon sentenced Robert Ivan Salgado, 26, to 24 months in prison. Salgado pleaded guilty to one count of being an illegal alien in possession of ammunition in January 2023.
According to the plea agreement, on September 19, 2022, Salgado and the victim, his children’s mother, were arguing and he pulled a gun and shot her in the face. Salgado then transported the victim to Princeton Baptist Medical Center. Upon arrival, Birmingham Police officers were called to a report of a person who had been shot. After questioning Salgado, the officer requested that dispatch send evidence technicians to the apartment where the shooting occurred. A search warrant was executed on the residence and officers recovered three boxes of .389 caliber ammunition from the dryer in the living room. Salgado was prohibited from possessing ammunition because he is an illegal alien.
“The reckless actions of this defendant wounded one and put the lives of innocent children in danger,” said U.S. Attorney Escalona. “My office will not tolerate prohibited persons possessing firearms and ammunition, especially when it leads to domestic violence. I commend the work of our law enforcement partners in bringing this defendant to justice.”
HSI investigated the case along with assistance from the Birmingham Police Department. Assistant U.S. Attorneys Kristy Peoples and Darius Greene prosecuted the case.
Guatemalan National Sentenced to 27 Months in Prison for Illegally Reentering the U.S.Read the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that JULIO BAYRON-ARRIOLA, 49, a citizen of Guatemala last residing in Stamford, was sentenced yesterday by U.S. District Judge Janet Bond Arterton in New Haven to 27 months of imprisonment for illegally reentering the U.S. after being deported.
According to court documents and statements made in court, on six occasions between 2009 and 2020, Bayron-Arriola was encountered in the U.S. and subsequently removed to Guatemala. During that time, he was charged federally and convicted in the District of Arizona three times: In 2010, he was convicted of possession with intent to distribute marijuana, and in 2012 and 2017, he was convicted of illegal reentry.
On December 25, 2021, Bayron-Arriola was arrested by Stamford Police. He was subsequently convicted of a state threatening offense. On November 14, 2022, he pleaded guilty in federal court to illegal reentry.
Bayron-Arriola has been detained since his arrest.
The investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement, with the assistance of the Stamford Police Department. The case was prosecuted by Assistant U.S. Attorney Anastasia E. King.
Grand Jury - April 2023Read the Press Release
United States Attorney Steven Russell announced the federal Grand Jury for the District of Nebraska has returned 9 unsealed Indictments charging 9 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Anthony Jermaine Branch, age 41, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about October 28, 2022. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment.
* Steville D. Burns, age 32, of Omaha, is charged with possession with intent to distribute 500 grams or more of methamphetamine and 400 grams of fentanyl on or about March 23, 2023. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment.
* Jose Cerritos-Valdez, age 47, is charged with illegal reentry of a removed alien after a felony conviction beginning on or about February 23, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Benjamin Fuller, age 37, is charged with distribution of methamphetamine (actual) to a minor on or about October 18, 2021 and continuing to on or about October 22, 2021. The penalty if convicted is not less than 1 year and up to 40 years’ imprisonment, a $2,000,000 fine, a six-year term of supervised release, and a $100 special assessment.
* Patrick Hoshor, age 26, of Omaha, is charged with distribution of fentanyl resulting in death on or about March 31, 2023. The penalty if convicted is not less than 20 years’ and up to life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Amikhet En Maati a/k/a Warren Coker, age 51, is charged in a five-count Indictment. Count I charges Maati with production of child pornography beginning on or about October 8, 2020 and continuing to on or about October 28, 2020. The maximum possible penalty if convicted is not less than 35 years’ and not more than life imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $55,100 in special assessments. Count II charges Maati with committing Count I while on the sex offender registry beginning on or about October 8, 2020 and continuing to on or about October 28, 2020. The maximum possible penalty if convicted is 10 years’ consecutive imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $55,100 in special assessments. Count III charges Maati with production of child pornography on or about October 28, 2020. The maximum possible penalty if convicted is not less than 35 years’ and not more than life imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $55,100 in special assessments. Count IV charges Maati with committing Count III while on the sex offender registry beginning on or about October 28, 2020. The maximum possible penalty if convicted is 10 years’ consecutive imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $55,100 in special assessments. Count V charges Maati with possession of child pornography on or about September 9, 2022. The maximum possible penalty if convicted is not less than 10 years’ and not more than 20 years’ imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $22,100 in special assessments.
* Chol Magwit, age 20, of Omaha, is charged with interference with airport security screening personnel beginning on or about April 7, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Tobin R. Schaneman, age 45, is charged as a prohibited person (felon) in possession of a firearm on or about March 25, 2022. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Dante Stabler, age 22, is charged in a two-count Indictment. Count I charges Stabler with assault with a dangerous weapon with intent to do bodily harm on the Omaha Nation Indian Reservation on or about February 22, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Stabler with using, carrying, or possessing a firearm during and in relation to a crime of violence on or about February 22, 2023. The penalty if convicted is not less than 10 years’ and up to life imprisonment consecutive to any other sentence, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Four Men Indicted in Public Corruption CasesRead the Press Release
United States Attorney Steven Russell announced the unsealing of two related indictments. The indictments were unsealed after this morning’s arrests of Omaha City Councilman Vincent J. Palermo, 49, Former Omaha Police Officer Johnny Palermo, 47, Former Omaha Police Captain and Former PACE Executive Director Richard Gonzalez, 55, and Jack Olson, 66, of Council Bluffs, Iowa. The indictments were returned by the Grand Jury this week in Omaha, Nebraska. The indictments are comprised of multiple counts. Each count is merely an accusation, and all defendants are presumed innocent unless and until proven guilty.
In the first indictment (4:23CR3051), Johnny Palermo, Gonzalez, and Olson are charged with defrauding donors of the Latino Peace Officers’ Association (“LPOA”), and the LPOA board. Johnny Palermo and Gonzalez are further charged with defrauding LPOA and Police Athletics for Community Engagement (“PACE”) for their own personal benefit. Palermo is separately charged with wire fraud through an alleged false application to obtain a “Paycheck Protection Program” or PPP loan through his purported real estate company, Palermo Investments, LLC. Palermo is also charged with making false statements to the Small Business Administration in an attempt to get an Economic Injury and Disaster or EIDL loan.
Palermo is further charged with defrauding the citizens of Nebraska and the Omaha Police Department of his honest services as a police officer by accepting a stream of financial benefits from Gonzalez and Olson that influenced Palermo to interfere with an ongoing sexual assault investigation for which Olson is the lead suspect.
In the second indictment (4:23CR3052), Johnny Palermo and Gonzalez are charged with conspiring with Omaha City Councilman Vincent J. Palermo to deprive the citizens of Nebraska of Councilman Palermo’s honest services through paid travel benefits, including a luxury hotel suite, a trip to Las Vegas, and other destinations, among other items of value in exchange for Vincent J. Palermo’s official acts done for the benefit of LPOA and PACE. Johnny Palermo was the President of LPOA and Gonzalez was the Executive Director of PACE and a member of LPOA. Councilman Palermo awarded money to both non-profits and failed to disclose the private benefits that he was receiving while taking official acts for the benefit of LPOA and PACE.
Vincent J. Palermo is further charged with failing to disclose personal benefits, including income, gifts, and other items of value that he received from Omaha Glass Pro, a company that he voted to award city contracts to during the charged timeframes, along with failing to disclose discounted concrete work to his backyard pool that was poured by a concrete contractor that also had contracts with the City of Omaha.
Finally, Vincent J. Palermo is alleged to have concealed his status on federal probation when he applied for a PPP loan for approximately $68,000 that was later forgiven, which money went to the benefit of his sole proprietorship, Vinny’s Tree Service, and for his personal benefit.
Johnny Palermo faces 15 charges in both indictments. The charges include conspiracy to commit wire fraud and conspiracy to commit honest services fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, each in violation of Title 18, United States Code, Section 1349; wire fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1343; honest services fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1346; and making false statements on loan applications, punishable by up to 30 years’ imprisonment, a $1,000,000 fine, and five years of supervised release, in violation of Title 18, United States Code, Section 1014.
Jack Olson is alleged to have solicited funds for LPOA using the false identity of "Cody Jones." Olson is charged with a total of four violations of public law, to include aiding and abetting Officer Johnny Palmero's honest services fraud, punishable by up to 20 years' imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Sections 1346, 1343, and 2 ; conspiracy to defraud LPOA donors and the LPOA, punishable by up to 20 years' imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1349: and wire fraud, punishable by up to 20 years' imprisonment, a $250,000 fine, and three years of supervised release, each in violation of Title 18, United States Code, Section 1343.
Gonzalez faces a total of 13 charges in both indictments. The charges include conspiracy to commit wire fraud and conspiracy to commit honest services fraud, both punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, each in violation of Title 18, United States Code, Section 1349; wire fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1343; aiding and abetting the honest services fraud of Officer Johnny Palermo, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Sections 1346, 1343, and 2; and making false statements on loan applications, punishable by up to 30 years’ imprisonment, a $1,000,000 fine, and five years of supervised release, in violation of Title 18, United States Code, Section 1014.
Councilman Palermo is charged with nine separate violations of federal law, to include conspiracy to commit honest services fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1349; honest services fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Sections 1846 and 1843; wire fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1343, and bank fraud, punishable by up to 30 years’ imprisonment, a $1,000,000 fine, and five years, in violation of Title 18, United States Code, Section 1344.
United States Attorney Russell noted that the indictments and today’s arrests send an important message to those who breach the public’s trust. He added, “I appreciate the tremendous work of the Omaha Division of the Federal Bureau of Investigation and other law enforcement on this important case.”
After the arrests, FBI Omaha Special Agent in Charge Eugene Kowel said, “Public corruption is a top criminal priority for the FBI. Special Agents from the FBI Omaha field office, with the cooperation of our federal, state and local law enforcement partners, worked hundreds of hours on the investigation that led to today’s arrests. We especially appreciate our partnership with the Omaha Police Department in this case. Corruption tears at the foundation of our democracy. No level of corruption should be tolerated or accepted.”
Each of the defendants will make their initial appearance on Monday at 1 p.m. in Lincoln, Nebraska.
This case was investigated by the Federal Bureau of Investigation.
Four Men Charged in Conspiracy to Steal and Illegally Traffic over Two Hundred Firearms from an Indianapolis Shipping CompanyRead the Press Release
Indianapolis- Bruce A. Williams II, 31, Zackary Dean Doss, 26, and Kevin Todd Jones, Jr. 21, have been charged in a federal indictment with Conspiracy to Receive, Possess, Store, or Sell Stolen Firearms. Williams and Doss have also been charged with Possession of Firearms by a Felon, and Jones has been charged with Possession or Sale of a Stolen Firearm. A fourth man, Ryan Hurt, 28, also of Indianapolis, has been charged in a related criminal complaint with Possession of Stolen Firearms.
As of today, Williams, Doss, and Hurt have been arrested. On April 20, 2023, each of them made their initial appearance in federal court. Williams and Doss have been detained by the U.S. Marshal Service as they await a detention hearing at a later date. Hurt has been released on GPS monitoring.
Kevin Jones, Jr. is still at large. If you have any information regarding the whereabouts of Kevin Jones, Jr., please contact Crime Stoppers at 317-262-TIPS (8477).
According to court documents and information presented in open court, beginning on or before March 2, 2022, Williams, Doss, Jones, and others conspired together to steal over 200 firearms from the Indianapolis terminal of an interstate shipping company. Williams and other participants in the conspiracy were employees of the shipping company. These insiders identified shipments of firearms at the terminal, stole firearms from the shipments, and arranged to sell the stolen firearms. Members of the conspiracy also kept some of the stolen firearms for their own personal use.
Doss and Jones purchased stolen firearms from other members of the conspiracy. Doss and Jones sold some of the stolen firearms to other individuals. Doss and Jones are prohibited from possessing firearms under federal law because they are previously convicted felons.
On April 19, 2023, as part of this investigation, law enforcement officers with the ATF and IMPD executed a search warrant at Hurts’ residence and seized two stolen firearms. Hurts was arrested and charged by criminal complaint with possession of stolen firearms.
To date, law enforcement officers have recovered approximately 33 stolen firearms as a part of this ongoing investigation. If you have any information regarding the theft, sale, or location of any of the stolen firearms, please contact Crime Stoppers. If you believe you are in possession of or have purchased one or more of the stolen firearms and were not aware they were stolen, please reach out to Crime Stoppers at 317-262-TIPS (8477).
If convicted of the conspiracy charge, each of the defendants face up to 5 years in federal prison. Each of the defendants also faces up to 10 years in federal prison if convicted of being a felon in possession of a firearm or possession of stolen firearms. A federal district court judge will determine any actual sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, Randal Taylor, Chief of Indianapolis Metropolitan Police Department, and Daryl S. McCormick, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Columbus Field Division made the announcement.
“Thefts of firearms from interstate shipping are a significant source of the guns that drive the bloodshed in our streets,” said U.S. Attorney Myers. “This investigation and prosecution demonstrate that our office is determined to work with ATF and IMPD to get illegal guns out of the hands of dangerous criminals and to hold gun traffickers accountable. We urge the public to join us in this effort, and to contact the ATF and IMPD with any information relevant to this ongoing investigation.”
U.S. Attorney Myers thanked Assistant United States Attorneys Pamela S. Domash and Brad P. Shepard, who are prosecuting this case.
This case was brought as part of the Indiana Crime Guns Task Force (ICGTF). ICGTF is a partnership of law enforcement officers and analysts from several central Indiana law enforcement agencies in Boone, Hamilton, Hancock, Hendricks, Marion, Morgan, Johnson, and Shelby counties. In cooperation with state, local, and federal partners, ICGTF collaborates to address violent crime through a comprehensive strategy including innovative approaches to locating suspects and evidence related to violent crimes and illegal possession of firearms.
An indictment or criminal complaint are merely allegations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Four Men Arrested in Multistate Drug Trafficking ConspiracyRead the Press Release
BOSTON – Four men were arrested today for their alleged roles in a Lawrence-based drug trafficking conspiracy operating in Massachusetts and New Hampshire.
Esaias Gill-Gonzalez, 31, of Lawrence, Mass.; Domingo Lugo Diaz, 28, of Lawrence, Mass.; Cote Colby, 27, of Derry, N.H.; and Keith Lane, 25, of Salisbury, Mass., were arrested on charges of conspiracy to distribute and possess with intent to distribute controlled substances involving fentanyl, cocaine base and methamphetamine. All four were detained following their initial appearance in federal court and will return on April 28, 2023 for a probable cause and detention hearing.
According to the charging documents, the investigation, which began in September 2022, intercepted communications on numerous cellphones between drug dealers operating in the Merrimack Valley areas of Massachusetts and New Hampshire. It is alleged that the defendants distributed fentanyl, cocaine base and methamphetamine, as well as counterfeit pills containing fentanyl.
During today’s arrests, fentanyl, cocaine, cocaine base and methamphetamine were seized along with a pill press and over $52,000 in suspected drug proceeds.
The charge of conspiracy to distribute and possess with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime supervised release and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. The investigation was led by the FBI’s North Shore Gang Task Force. Valuable assistance was provided by Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the U.S. Postal Inspection Service; Massachusetts State Police; the Essex County Sheriff’s Department; the Massachusetts Parole Board; the New England High Intensity Drug Trafficking Area Program; and the Derry (N.H.), Haverhill, Lawrence, Methuen and Salisbury Police Departments. Assistant U.S. Attorney Philip C. Cheng, of Rollins’ Organized Crime & Gang Unit is prosecuting the case.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case is also 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 defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Fort Wayne Man Sentenced to 78 Months in PrisonRead the Press Release
FORT WAYNE –Spencer Roberson, 43 years old, of Fort Wayne, Indiana, was sentenced by United States District Court Judge Holly A. Brady, April 20, 2023, after pleading guilty to possessing with intent to distribute controlled substances, announced United States Attorney Clifford D. Johnson.
Roberson was sentenced to 78 months in prison to be followed by 4 years of supervised release.
According to documents in the case, on October 2, 2021, Roberson possessed heroin, cocaine, and more than 40 grams of fentanyl or more than 10 grams of a fentanyl analogue, all of which were intended for distribution.
This case was investigated by the Drug Enforcement Administration with the assistance of the Indiana State Police and the Fort Wayne Police Department. The case was prosecuted by Assistant United States Attorney Lesley J. Miller Lowery.
Former Wyoming County Corrections Officer Indicted on Child Pornography ChargesRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging James D. Sutton, 37, of Depew, NY, with distribution and possession of child pornography. The charges carry a minimum penalty of five years in prison, and a maximum of 20 years.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the indictment, in October 2021, Sutton, a former Wyoming County Corrections Officer, distributed child pornography. In addition, on February 7, 2023, Sutton possessed images of child pornography involving a prepubescent minor on three different cellular telephones.
Sutton was arraigned this afternoon before U.S. Magistrate Judge Michael J. Roemer and was held pending a detention hearing on April 24. 2023.
The indictment is the result of an investigation by the New York State Police, under the direction of Major Eugene Staniszewski, the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the National Center for Missing and Exploited Children.
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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Former Utica Tax Preparer Pleads Guilty to Filing False Tax ReturnsRead the Press Release
SYRACUSE, NEW YORK – Dianna Nolan, age 47, formerly of Utica, New York, pled guilty yesterday in federal court in Utica to filing false income tax returns. The guilty plea was announced by United States Attorney Carla B. Freedman and Thomas Fattorusso, Executive Special Agent in Charge of the Internal Revenue Service-Criminal Investigation Division (IRS-CI), New York Field Office.
In pleading guilty, Nolan admitted that she worked as a professional tax return preparer in Oneida County, New York, between at least 2014 through 2018. On her personal income tax returns for tax years 2017 and 2018, Nolan intentionally did not report all the income she received as a tax return preparer. Nolan also filed income tax returns on behalf of clients that falsely claimed losses from rental properties, thereby reducing the total taxes owed by these clients and causing losses to the IRS. In a signed plea agreement, Nolan agreed to pay restitution to the IRS totaling $101,636 for tax years 2014 through 2018.
Nolan, who recently relocated to Florida, will be sentenced on August 17, 2023. The charge to which Nolan pled guilty carries a maximum sentence of 3 years in prison, a fine of up to $250,000, a term of supervised release of up to 1 year, and a special assessment of $100. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by Internal Revenue Service-Criminal Investigation Division (IRS-CI), and it is being prosecuted by Assistant U.S. Attorneys Michael F. Perry and Melissa O. Rothbart.
Former Nonprofit Leader Pleads Guilty to Fraud in San AntonioRead the Press Release
SAN ANTONIO – A California man pleaded guilty Thursday to conspiracy to commit wire fraud and conspiracy to defraud the United States.
According to court documents, Hector Barreto, 61, of San Juan Capistrano, was one of two conspirators who operated the Latino Coalition Foundation, an entity organized as a charitable and tax-exempt organization, and Hispanic Business Roundtable Institute, formed as a domestic nonprofit corporation from October 2012 to September 2021. Barreto also controlled the two organizations’ bank accounts.
Barreto and co-conspirator Miguel Gutierrez solicited donations from at least two victims for the purpose of funding nonprofit programs. While some of the funding was used for its intended purpose, Barreto and Gutierrez also diverted between $250,000 and $550,000 of the charitable funds toward personal use credit card expenses. The payments to the co-conspirators were not reported and from 2017 to 2019, Barreto co-conspired to falsify the IRS Form 990s for the foundation.
Barreto’s plea came four days into a jury trial that was expected to last three weeks. He’s scheduled to be sentenced on Aug. 2 and faces a maximum penalty of 20 years in prison on the wire fraud charge and five years in prison on the charge of defrauding the U.S. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas and Acting Special Agent in Charge Rodrick J. Benton of IRS Criminal Investigation’s Houston Field Office made the announcement.
IRS-CI and FBI are investigating the case.
Assistant U.S. Attorneys Joseph Blackwell and Bill Harris are prosecuting the case.
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Former Marine Who Led Double Life as Drug Trafficker Sentenced to 12 Years; Defendant Contacted Mexican Songwriter to Glorify him in Narco-BalladRead the Press Release
NEWS RELEASE SUMMARY – April 21, 2023
SAN DIEGO – Roberto Salazar II, who until his arrest was an active-duty U.S. Marine stationed at Marine Corps Air Station Miramar, was sentenced in federal court to 144 months in prison for his role in a years-long drug importation and distribution conspiracy that involved dozens of smuggling events.
Salazar pleaded guilty in October 2022 to conspiring to distribute controlled substances, including heroin, methamphetamine, cocaine and fentanyl, and to importing fentanyl into the United States from Mexico. According to his plea agreement, Salazar recruited, managed, and paid multiple drug couriers—both before he joined the Marine Corps and while he was on active duty. He also personally distributed controlled substances within the United States.
According to court documents, Salazar and his co-conspirators favored the use of specific model cars with a unique engine compartment they used to conceal and import drugs. Salazar helped to obtain these specific cars and deliver them to a business in Mexico, where couriers would be directed to retrieve the cars with drugs loaded inside them and drive them across the border.
By the time Salazar and his codefendants were arrested, according to prosecutors, Salazar had become so involved in drug trafficking that he was commissioning a Mexican songwriter to write a drug ballad known as a “narcocorrido” about him. Information gathered from Salazar’s seized cell phones showed he was in communication with a Mexican songwriter about writing music and lyrics celebrating his role in drug trafficking, including references to his military service.
In one line that Salazar suggested to the songwriter, he boasted: “I wanted to study and became a soldier, but I liked the fast life better.”
Among the individuals Salazar personally recruited were two former service members who had recently been discharged from the Marine Corps at the time Salazar recruited them. Salazar directed these individuals’ activities and paid them $2,000 each time they successfully imported drugs. Several of the drug couriers who worked for Salazar or his co-conspirators, including one of the former Marines recruited by Salazar, were caught at the border by Customs and Border Protection officers and charged with importing controlled substances. In another failed attempt to deliver drugs in Las Vegas, one of Salazar’s co-conspirators abandoned a kilogram of heroin on a grocery store shelf and fled from law enforcement.
“This case involved a Marine who was supposed to protect and defend our country, but instead brought great harm to Americans by trafficking fentanyl and other dangerous drugs,” said U.S. Attorney Randy Grossman. “He also betrayed his solemn oath by recruiting other Marines to do the same. Through this case, the defendant has been held to account for his crimes and we have dismantled yet another link in the supply chain for the deadly narcotics that are indiscriminately killing members of our community.” Grossman thanked the prosecution team, Homeland Security Investigations, Customs and Border Protection and the Naval Criminal Investigative Service for their outstanding work on this case.
“While disheartened by an individual who hid in the ranks of our prestigious U.S. military, this should serve as a warning to any would-be narcotics smugglers, that you cannot hide your nefarious crimes and you will be held accountable,” said Chad Plantz, Special Agent in Charge of HSI San Diego. “Today’s sentencing is a result of ongoing HSI investigation, in collaboration with our law enforcement partners, to disrupt and dismantle transnational criminal organizations and their importation of deadly narcotics into the U.S.”
“Mr. Salazar betrayed his oath to the Marine Corps and posed a significant threat to our national security by participating in an illegal operation to smuggle fentanyl into the United States,” said Special Agent in Charge Todd Battaglia of the NCIS Marine Corps West Field Office. “NCIS and our partners remain committed to fully investigating all allegations of criminality within the ranks that threaten military readiness and jeopardize the safety of our community members.”
"Through his actions Mr. Salazar violated his duty as a Marine, dishonored the public's trust and promoted conditions that endangered the safety of the people,” said Sidney K. Aki, Director of Field Operations for San Diego Field Office. “National security efforts, which include narcotics interdictions, must remain our primary focus. Today’s sentencing is a clear indication of the strong partnership that continues in San Diego between federal agencies.”
DEFENDANT Case Number 22-cr-216-JLS
Roberto Salazar II Age: 26 San Diego, CA 144 months
Jose Ernesto Lopez (2) Age: 24 Bell Gardens, CA 70 months
Juan Carlos Zepeda-Santos (3) Age: 40 Lynwood, CA 33 months
SUMMARY OF CHARGES
Conspiracy to Distribute Heroin, Methamphetamine, Cocaine, and Fentanyl – Title 21, United States Code, Sections 841 and 846
Mandatory Minimum: Ten years in prison
Maximum penalties: Life in prison and $10 million fine
Importation of Fentanyl – Title 21, United States Code, Sections 952 and 960
Mandatory Minimum: Ten years in prison
Maximum penalties: Life in prison and $10 million fine
AGENCY
Homeland Security Investigations
U.S. Customs and Border Protection
Naval Criminal Investigative Service
Former Chairman of Riviera Beach Housing Authority Sentenced to Federal Prison for Soliciting KickbackRead the Press Release
MIAMI – Delvin Thomas, 44, of West Palm Beach, Florida, the former chairman of the Riviera Beach Housing Authority, has been sentenced to 15 months in federal prison after pleading guilty in December 2022 to one count of extortion under color of official right. Thomas also must forfeit $9,400.
In 2019, Thomas was the chairman of the Riviera Beach Housing Authority. In about April 2019, the Riviera Beach Housing Authority was looking to purchase a parcel of real estate located in Riviera Beach for future use as low-income rental property. Thomas introduced a real estate broker to the person at the Riviera Beach Housing Authority responsible for purchasing the property. The broker would serve as the buyer’s agent for the real estate transaction.
The Riviera Beach Housing Authority contracted to purchase the property, with the buyer’s agent set to receive a 3% commission on the price. After the contract was entered into, Thomas informed the buyer’s agent that he (Thomas) was to receive 50% of the commission.
At the real estate closing, the buyer’s agent’s company was paid a commission of $18,930, and Thomas reminded the agent about Thomas’s 50% cut ($9,400). To hide the unlawful payment, Thomas contacted a third party who agreed to help.
That third party deposited two checks issued to the third party’s business bank account -- one for $6,400, the other for $3,000. The checks falsely stated in their memo sections that the payments were for “Company Branding” and “Marketing Services.” Then, the third party issued two checks from that account to the account of Sire Development Group, LLC -- a company owned by Thomas. Those checks falsely stated in their memo sections that the payments were for “Consulting Services.”
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, announced the sentence imposed in West Palm Beach federal court by U.S. District Judge Kenneth A. Mara.
FBI Miami investigated the case. Assistant U.S. Attorney Jeffrey N. Kaplan prosecuted it.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
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Felon Convicted of Possessing Ammunition Used in Murder in QueensRead the Press Release
Today in federal court in Brooklyn, Kevin Edwards was convicted of being a felon in possession of ammunition in connection with the February 8, 2020 fatal shooting of a man in Corona, Queens. The verdict followed a five-day trial before United States District Judge Edward R. Korman. When sentenced, Edwards faces up to 10 years in prison.
Breon Peace, United States Attorney for the Eastern District of New York, announced the verdict.
“Today, the jury has served justice on the defendant for his violent crime and disregard for the law, which tragically cost a young man his life,” stated United States Attorney Peace. “I commend the prosecutors and the investigators for their dedication to reducing gun violence in our district and holding repeat offenders accountable for their actions.”
Mr. Peace thanked the Federal Bureau of Investigation, New York Field Office, and the New York City Police Department (NYPD) for their outstanding investigative work on the case.
As proven at trial, on February 8, 2020, shortly after 12 p.m., the defendant drove to Northern Blvd. and 101st Street in Queens, New York near a bodega where the victim Dontae Hambrick was standing with other men. As captured on a nearby surveillance camera, after double parking his vehicle, the defendant walked over to the group of men, shook hands with three of the men before pulling out a handgun, and fired at least six rounds of .40 caliber ammunition at Hambrick, hitting him in the torso and legs. Edwards got back into the SUV and fled. Hambrick was transported to Elmhurst Hospital Center where he was pronounced dead. NYPD officers canvassed the area and recovered video from a security camera near the crime scene and six .40 caliber shell casings.
At the time of the shooting, Edwards had three prior felony drug convictions.
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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorneys’ 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.
Assistant United States Attorneys Adam Amir and Lauren Bowman are in charge of the prosecution with the assistance of Paralegal Specialist Bridget Donovan.
The Defendant:
KEVIN EDWARDS (also known as “Cuzzo”)
Age: 42
Queens, New YorkE.D.N.Y. Docket No. 21-CR-165 (ERK)
Federal Jury Convicts Two Men for Conspiring to Transfer Unregistered Machinegun Conversion Devices Disguised as “Pen Holders”Read the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that a federal jury today found Kristopher Justinboyer Ervin (43, Orange Park) and Matthew Raymond Hoover (39, Wisconsin) guilty of conspiring to transfer unregistered machinegun conversion devices that they referred to as “Auto Key Cards.” Additionally, Ervin was convicted of seven counts of transferring unregistered machinegun conversion devices, three counts of possessing unregistered machinegun conversion devices, and one count of structuring cash transactions to avoid currency transaction reporting requirements. Hoover was also convicted of four counts of transferring unregistered machinegun conversion devices. Ervin faces a maximum penalty of 110 years in federal prison and Hoover faces a maximum penalty of 45 years in federal prison. The sentencing hearing is scheduled for July 31, 2023. Ervin was first charged on March 2, 2021, and Hoover on January 26, 2022. Both Ervin and Hoover have been remanded to the custody of the U.S. Marshals Service.
According to testimony and evidence presented at trial, in January 2021, Ervin’s bank contacted the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to report that employees believed that Ervin was trafficking in machinegun conversion devices. Subsequent investigation revealed that Ervin was running an online business selling machinegun conversion devices, known as lightning links, etched into metal cards, which he referred to as Auto Key Cards. Ervin described the Auto Key Card as a “pen holder,” a “novelty,” and a “political sculpture.” A lightning link can be dropped into an otherwise legal AR-15 type firearm and convert it into a fully automatic machinegun.
In February 2021, federal agents from ATF and the U.S. Postal Inspection Service (USPIS) surveilled Ervin and observed him dropping off dozens of packages at an Orange Park, Florida post office, each of which was determined to contain unregistered machinegun conversion devices.
The ATF examined the Auto Key Cards and a firearms enforcement officer was able to remove the pieces of a lightning link from an Auto Key Card using a common Dremel rotary tool in about 40 minutes. When the firearms enforcement officer placed the two pieces of the lightning link into an AR-15 type firearm, it converted the semi-automatic firearm to be fully automatic.
Hoover operated a YouTube channel called CRS Firearms on which he advertised Auto Key Cards. In his videos, Hoover stated that “laws only work if we follow them” and encouraged his viewers to use “discreet ordering” by mail to purchase Auto Key Cards. Hoover stated that his viewers could cut a lightning link out of the Auto Key Card, “drop it in your receiver, scratch your full auto itch, throw it away when you’re done” and “no one’s the wiser.”
Hoover’s videos advertising the Auto Key Card led to a substantial increase in Ervin’s sales. Ervin sold more than 2,000 Auto Key Cards in only a few months. Multiple purchasers of the Auto Key Card testified at trial that they had learned about it from Hoover’s videos and purchased the Auto Key Card intending to use it to convert their AR-15 type weapons into machineguns. Ervin compensated Hoover for his advertisements by sending cash through the mail and, on one occasion, a Louis Vuitton purse.
In March 2021, federal agents executed a search warrant at Ervin’s home and recovered Auto Key Cards containing etchings for more than 1,500 lightning links.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Postal Inspection Service, and the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Laura Cofer Taylor and David B. Mesrobian.
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.
Federal Court Finds City of Miami Lieutenant Firefighter in ContemptRead the Press Release
On April 18, 2023, a federal court in the Southern District of Florida found Norman G. Williams Jr., a Lieutenant firefighter with the City of Miami, in contempt of court for continuing to prepare tax returns in violation of a preliminary injunction and a permanent injunction. The court ordered that he disgorge to the United States more than $40,000 in return preparer fees that he earned for tax returns prepared in violation of the injunctions.
In 2022, the court permanently enjoined Mr. Williams from preparing tax returns for others and ordered him to disgorge over $26,000 in ill-gotten gains. Despite the court’s orders prohibiting Mr. Williams from preparing or assisting in the preparation of tax returns for others, the court found that Mr. Williams continued his return preparation activities and endeavored to conceal them by preparing returns under his fiancée’s name and preparer tax identification number. The court found that Mr. Williams willfully violated the injunctions by preparing another 173 tax returns, including 36 returns for other firefighters.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a checklist of things to remember when filing income tax returns in 2022.
In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $72,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free. The IRS has tips on how seniors and individuals with low to moderate income can get other help or guidance on tax return preparation, too.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Eleven persons charged in large meth trafficking investigation on Crow and Northern Cheyenne Indian Reservations and three counties arraigned on indictmentsRead the Press Release
BILLINGS—Ten persons arrested on allegations of trafficking methamphetamine on the Crow and Northern Cheyenne Indian Reservations and in Yellowstone, Big Horn and Rosebud counties appeared for arraignment today on indictments alleging multiple crimes, while another individual was arraigned on April 20 on a related case, U.S. Attorney Jesse Laslovich said.
Seven of the defendants face charges in a multi-count indictment alleging meth trafficking, firearms and money laundering crimes. Four additional defendants, including one who previously was in custody, face meth trafficking charges in three companion indictments.
U.S. Magistrate Judge Timothy J. Cavan presided. All defendants were detained pending further proceedings.
Agents with the Bureau of Indian Affairs, Drug Enforcement Administration and FBI arrested 10 of defendants on April 19 in a coordinated takedown involving multiple law enforcement officers at various locations on the Crow and Northern Cheyenne Indian Reservations and in Yellowstone, Big Horn and Rosebud counties.
A 13-count indictment alleges that multiple defendants conspired to possess with intent to distribute meth from January 2022 through March 2023 in Billings, in Yellowstone County; Hardin, in Big Horn County; Crow Agency, Wyola and Lodge Grass, in Big Horn County and on the Crow Indian Reservation; and at Lame Deer, in Rosebud County and on the Northern Cheyenne Indian Reservation. The indictment further alleges possession and distribution trafficking crimes, firearms crimes and conspiracy to commit money laundering. The meth conspiracy count carries a penalty of a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release.
Seven of the defendants named in the indictment pleaded not guilty today to various counts. The defendants include Wendell Lefthand, 54, of Lodge Grass; Melanie Rose Bloodman, 54, a transient; Jeffrey Prettypaint, 30, of Crow Agency; Keilee Shambrae Diaz, 35, of Crow Agency; Zachary Douglas Bacon, 35, of Garryowen; Morgan Luke Hugs, 34, of Lodge Grass; and Anthony Springfield, 23, of Hardin. PACER case reference. 23-41.
In a companion indictment, defendants Hailey James, 43, of Lame Deer, and John Littlehead, 37, of Laurel, pleaded not guilty to three meth trafficking crimes. The indictment alleges that from about January 2022 until March 2023, James and Littlehead conspired to possess and distribute meth at Billings, in Yellowstone County; at Hardin, Crow Agency, Wyola and Lodge Grass, in Big Horn County and on the Crow Indian Reservation; and at Lame Deer in Rosebud County, and on the Northern Cheyenne Indian Reservation. The conspiracy count carries a penalty of a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. PACER case reference. 23-37.
In a second companion indictment, Jacklyn Marcel Garcia-Littlebird, 58, of Lame Deer, pleaded not guilty to three meth trafficking crimes. The indictment alleges that from January 2022 until October 2022, at Lame Deer, in Rosebud County; and at Crow Agency, in Big Horn County; Garcia-Littlebird conspired with others to traffic meth. If convicted of the most serious crime, Garcia-Littlebird faces a mandatory minimum of five years to 40 years in prison, a $5 million fine and at last 4 years of supervised release. PACER case reference. 23-38.
In a third companion case, Geofredo James Littlebird, Jr., 39, of Lame Deer, who was previously in custody, pleaded not guilty on April 20 to meth trafficking and firearms offenses charged in a superseding indictment. Pacer case reference 22-149
The indictments are merely accusations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The Bureau of Indian Affairs, Drug Enforcement Administration and FBI investigated the cases.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Department of Justice Commemorates National Crime Victims’ Rights WeekRead the Press Release
Memphis, TN – The Department of Justice’s Office of Victims of Crime (“OVC”) and the United States Attorney’s Office for the Western District of Tennessee, will join communities nationwide in observing National Crime Victims’ Rights Week and celebrating victims’ rights, protections, and services. This year’s observance takes place April 23-29, 2023, and features the theme, “Survivor voices: Elevate. Engage. Effect Change.”
Each year in April, the Department of Justice and United States Attorney’s Offices observe National Crime Victims’ Rights Week nationwide by taking time to honor victims of crime and those who advocate on their behalf. According to a report from the Bureau of Justice Statistics, in 2021, there were more than 4.6 million violent victimizations and 11.7 million property crimes.
The United States Department of Justice’s Office for Victims of Crime leads communities across the country in observing National Crime Victims’ Rights Week. In 1981, President Ronald Reagan proclaimed the first National Crime Victims’ Rights Week to bring greater sensitivity to the needs and right of victims of crime.
Here, in the Western District of Tennessee, we have a dedicated Victim Witness Coordinator who supports federal crime victims by providing victims with essential services, including referrals to counseling, securing temporary housing, assisting with access to victim’s compensation funds, and accompanying victims to court proceedings to provide support and guidance. These services provide victims with tools to reshape their futures.
The U.S. Department of Justice, Office of Justice Programs, provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of the art knowledge and practices across the United States, and providing grants for the implementation of these crime-fighting strategies. Because most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities, and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter partnerships with these officers. National Crime Victims’ Rights Week resources can be found at https://ovc.ncjrs.gov/ncvrw/.
More information about the Office of Justice Programs and its components can be found at www.ojp.gov.
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For more information, please contact Public Information Officer Cherri Green at (901) 544-4231 or [email protected]. Follow @ WDTNNews on Twitter for office news and updates.
Denison Man Sentenced to Seven Years in Federal PrisonRead the Press Release
A man found unconscious, behind the wheel another person’s vehicle on a private landowner’s property while in possession of a shotgun and a handgun, was sentenced April 13, 2023, to 7 years in federal prison.
Nickolas Schwenn, age 42, from Denison, Iowa, received the prison term after a November 10, 2023, guilty plea to one count of possession of a firearm by a felon and drug user.
Evidence in the case showed Schwenn was found on December 12, 2021, by a landowner on private farm ground, unconscious behind the wheel of a vehicle. When law enforcement arrived, they found Schwenn asleep in the driver’s seat of a Pontiac Bonneville which had license plates registered to a different vehicle. Law enforcement also observed a shotgun on the rear floorboard of the vehicle and a handgun in the door pocket of the driver’s side door. The deputy, who recognized Schwenn and knew him to be a felon, woke Schwenn and directed him to exit the vehicle, at which time Schwenn began to argue with the officer. Schwenn then put his vehicle in drive and rammed a cow gate in front of his vehicle. He then put his vehicle in reverse and rammed his vehicle into the front of the landowner’s vehicle. Officers, threatening Schwenn with a taser, got him out of his vehicle and placed him under arrest. Schwenn also advised that he had drugs in his pocket; however, no drugs were found on his person.
Schwenn was not capable of legally possessing a gun as a result of a conviction for burglary. Schwenn has additional convictions for eluding law enforcement.
Schwenn was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 84 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Schwenn is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by Crawford County, Iowa Sheriff’s department and Monona County, Iowa Sheriff’s department and was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-04023.
Follow us on Twitter @USAO_NDIA.
Dallas Man Charged with Firing at ATF AgentRead the Press Release
A Dallas man who allegedly shot at an ATF agent in an apparent fit of road rage has been federally charged, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Michael Fagan, 30, was charged on April 19 with assaulting or impeding a federal officer. He made his initial appearance before U.S. Magistrate Judge Renée Toliver on Friday.
“Mr. Fagan’s behavior two weeks ago was allegedly violent and hostile; two adjectives that don’t go well with firearm possession. While acting in this manner, he encountered a highly trained and dedicated ATF Special Agent. Luckily for the citizens of Dallas, that ATF Special Agent was able to put a stop to Mr. Fagan’s alleged acts of violence,” stated ATF Dallas Field Division Special Agent in Charge Jeffrey C. Boshek II. “I would like to thank our partners at the Dallas Police Department, the Federal Bureau of Investigation, and the United States Attorney’s Office for aggressively investigating this vicious act upon one of my agents and friend.”
According to the complaint, around 8 p.m. on April 6, an ATF agent stopped at a red light near the entrance to the Dallas Arboretum noticed an SUV use the far-right turn lane to bypass all the other stopped cars and proceed through the intersection, running the red light.
A few blocks later, the agent observed the SUV’s driver, later identified as Mr. Fagan, inside the vehicle yelling and flailing his arms. Thinking the driver might be experiencing an emergency, the agent rolled down his front passenger window and asked if the driver was okay.
Mr. Fagan allegedly opened his driver-side door and began yelling incoherently at the agent, who instructed Mr. Fagan to get back in his vehicle. Mr. Fagan re-entered his vehicle, leaned over the passenger seat, and turned around to face the agent allegedly holding a black semiautomatic pistol in his hand.
The agent yelled “no,” or “don’t,” ducked down below the dashboard, and heard a gun discharge twice. The agent drew his weapon and fired three shots. Mr. Fagan fell back into the SUV.
He fled the scene to meet up with his girlfriend, who called 911 to report Mr. Fagan had been shot and took him to Baylor hospital.
In law enforcement interviews, Mr. Fagan acknowledged he had been drinking at a local club prior to the shooting. He claimed the driver of a mid-sized Chevrolet that had been tailgating him fired at him, and denied firing more than one round in the air in response.
No cars resembling the Chevy Mr. Fagan described were located in surveillance footage from the area and day in question. At the scene, law enforcement recovered five casings: three consistent with the duty ammunition carried by the ATF agent, and two consistent with another firearm.
A criminal complaint is merely an allegation of criminal conduct, not evidence. Mr. Fagan is presumed innocent until proven guilty in a court of law.
If convicted, he faces up to 20 years in federal prison.
The Bureau of Alcohol, Tobacco, Firearms & Explosives’ Dallas Field Division, the Dallas Police Department, and the Federal Bureau of Investigation’s Dallas Field Office conducted the investigation. Assistant U.S. Attorney Robert Withers is prosecuting the case.
DEA National Prescription Drug Take Back DayRead the Press Release
KNOXVILLE, Tenn. On Saturday, April 22nd, from 10 a.m. to 2 p.m., the U.S. Drug Enforcement Administration will provide the public the opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. Location information is available from the DEA, along with items that cannot be accepted. This service is free and anonymous, no questions asked.
This April’s event is DEA’s 23rd nationwide event since its inception 12 years ago. Last spring, Americans turned in nearly 647,163 pounds of prescription drugs at nearly 4,902 sites operated by the DEA and almost 5,000 from its state and local law enforcement partners.
The DEA will now accept vaping devices and cartridges at any of its drop-off locations during National Prescription Drug Take Back Day. It is important to note that DEA cannot accept devices containing lithium-ion batteries. If batteries cannot be removed prior to drop-off, DEA encourages individuals to consult with stores that recycle lithium-ion batteries. Concerns have been raised across the United States over illnesses and deaths caused by vaping and the high youth vaping initiation rates. To support a healthy lifestyle and energetic population, especially among America’s youth, DEA is committed to doing all it can to help safely dispose of vaping devices and substances.
The DEA’s “Take Back” day and “Get Smart About Drugs” initiatives address the vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses because of these drugs. Synthetic opioids, such as illicit fentanyl, are the primary driver of the increase in overdose deaths. For information on DEA’s “Take Back” in Spanish, click here, or for more information on the “Get Smart About Drugs” publication, click for English or Spanish.
In addition to DEA’s National Prescription Drug Take Back Day, there are many other ways to dispose of unwanted prescription drugs every day, including the 11,000 authorized collectors that are available all year long. For more information, visit DEA’s year-round collection site locator. Participating in the next DEA Take Back Day on Saturday, April 22nd, simply means cleaning out your medicine cabinet or anywhere you keep unused, unwanted, or expired medications and dropping them off at your nearest collection site. For more information about the disposal of prescription drugs or about the April 22nd Take Back day event, go to DEA Drug Take Back event or by calling 800-882-9539.
The FDA also provides information on how to properly dispose of prescription drugs. More information is available here: English or Spanish.
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Custer Man Indicted for Child PornographyRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Custer, South Dakota, man for Receipt of Child Pornography and Possession of Child Pornography.
Nathan Frisch, age 42, was indicted in March of 2023. He appeared before U.S. Magistrate Judge Daneta L. Wollmann on April 3, 2023, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of five years in custody and/or a $250,000 fine, a mandatory minimum of five years of supervised release, and $100 to the Federal Crime Victims Fund for each count of conviction. Restitution may also be ordered.
The charges relate to Frisch downloading child pornography images from the Internet and transferring them from his laptop to the Google Drive account installed on his cellular phone.
The charges are merely accusations and Frisch is presumed innocent until and unless proven guilty.
The investigation is being conducted by Homeland Security Investigations and the South Dakota Internet Crimes Against Children Task Force. Assistant U.S. Attorney Heather Sazama is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Frisch was released on bond pending trial. A trial date has been set for June 6, 2023.
Crow Creek Man Convicted by Federal Jury for Assault with a Dangerous Weapon and Child AbuseRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced that James Drapeau, age 35, of Crow Creek, South Dakota, was found guilty of Assault with a Dangerous Weapon and Child Abuse as a result of a two-day federal jury trial in Pierre, South Dakota. The verdict was returned on April 20, 2023.
The charges carry a maximum penalty of up to twenty years in federal prison and/or a $500,000 fine, three years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
Drapeau was indicted by a federal grand jury in June of 2022.
The evidence at trial showed that on May 24, 2022, at a residence on the Crow Creek Sioux Indian Reservation, Drapeau became upset with a 14-year-old boy who was in his care. Drapeau threw the boy on the ground, kicked him repeatedly, and beat him with a broom stick and extension cord. As a result of the beating, the young boy sustained considerable bruising, welts, and abrasions on his head, back, arms, torso, buttocks, and legs.
This case was investigated by the Bureau of Indian Affairs – Office of Justice Services, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
A presentence investigation report was ordered, and sentencing has been set for July 24, 2023. Drapeau was remanded to the custody of the U.S. Marshals Service pending sentencing.
Colorado Woman Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Yadira Chavarria-Enriquez, 44, of Colorado, was sentenced today in federal court in Lincoln, Nebraska, for possession with intent to distribute 500 grams or more of methamphetamine. Senior United States District Judge John M. Gerrard sentenced Robinson to 108 months’ imprisonment. There is no parole in the federal system. After her release from prison, she will begin a four-year term of supervised release. She will also forfeit $26,008 in U.S. currency to the United States.
On March 18, 2022, Chavarria-Enriquez was stopped for a traffic violation in Furnas County, Nebraska. Law enforcement searched the vehicle and located 1.3 kilograms of methamphetamine and $26,008 in U.S. currency.
This case was investigated by the Furnas County, Nebraska, Sheriff’s Office.
Colombian Men Sentenced to 22 Years in Federal Prison for Conspiring to Traffic over $100 Million Worth of CocaineRead the Press Release
Tampa, FL – U.S. District Court Judge Susan C. Bucklew today sentenced two brothers, Robin Castro-Gomez (36, Colombia) and Alvaro Castro-Gomez (41, Colombia), each to 22 years in federal prison for conspiring to possess with intent to distribute over 3,500 kilograms (7,700 pounds) of cocaine. The approximate value of this cocaine is over $100,000,000. The Castro-Gomez brothers had pleaded guilty on September 12, 2022.
According to court documents and information offered in open court, between August of 2017 and March of 2018, Robin and Alvaro Castro-Gomez conspired to traffic over 3,500 kilograms of cocaine through the Eastern Pacific Ocean via three different low-profile vessels. These cocaine-laden vessels left the shores of Tumaco, Colombia, with an ultimate destination of Central America for further importation into the United States. Alvaro Castro-Gomez has a prior federal conviction for trafficking narcotics on the high seas.
Regarding the first drug trafficking venture in August of 2017, Robin Castro-Gomez was the leader of this operation, recruiting mariners to partake in the trip, as well as giving orders and providing logistical equipment to his co-conspirators. Alvaro Castro-Gomez was present at the dispatch site and participated in furthering this drug trafficking conspiracy. After the low-profile vessel was launched from the shores of western Colombia, the United States Coast Guard interdicted the vessel approximately 420 nautical miles northwest of the Galapagos Islands. The target vessel had 998 kilograms (2,200 pounds) of cocaine stashed inside. (Photos of the vessel and cocaine bales below):
In November of 2017, Robin Castro-Gomez again led and organized another drug trafficking venture in the Eastern Pacific Ocean, giving orders to mariners and handling the logistical operations of the crime. Alvaro Castro-Gomez recruited, hired, and paid one of the mariners for his participation in the drug trafficking voyage. This boat, too, launched from the shores of western Colombia. The United States Coast Guard interdicted the low-profile vessel approximately 326 miles northwest of Isla de Coco, Costa Rica. The target vessel contained 1,453 kilograms (3,203 pounds) of cocaine. (Photo of vessel below)
Again, in March of 2018, Robin Castro-Gomez organized and operated another drug trafficking venture in the Eastern Pacific Ocean. Alvaro Castro-Gomez was also present at the dispatch site and participated in furthering the drug trafficking conspiracy. Days after the low-profile vessel launched from the western shores of Colombia, the United States Coast Guard interdicted the boat approximately 360 nautical miles south of Guatemala. The low-profile vessel was captured with 1,120 kilograms (2,469 pounds) of cocaine stored inside. (Pictures of the vessel and cocaine below)
This case was investigated by the United States Coast Guard and the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force comprised of agents and analysts from the Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations (HSI), the U.S. Coast Guard Investigative Service, the Naval Criminal Investigative Service, and the U.S. Southern Command's Joint Interagency Task Force South. 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.
The case was prosecuted by Assistant United States Attorney David Pardo.
Clive Man Charged for Defrauding Elderly Individuals and Insurance CompaniesRead the Press Release
DES MOINES, IA – A federal grand jury in Des Moines returned an indictment on April 19, 2023, charging a Clive man with seventeen counts of mail and wire fraud, one count of conspiracy to commit mail and wire fraud, and two counts of money laundering over $10,000.
As alleged in the indictment, Zachary James Flaherty, 46, used his position as an insurance agent and annuity salesperson to defraud elderly individuals out of their retirement savings and other monies. To do that, Flaherty misrepresented information to and concealed information from his clients, including information relating to: the returns and bonuses his clients would receive by investing with him; the clients’ ability to make penalty-free withdrawals from their investments; and the losses clients could incur. After the clients agreed to invest money with Flaherty, he continued to misrepresent and conceal information, including information regarding: the returns clients were earning; the amount of money clients had invested with him; and the costs associated with withdrawing funds or cancelling their investments.
In addition, Flaherty encouraged victims to write checks to Flaherty personally and his businesses, including Midwest Senior Solutions Retirement Group, Inc. and Infinity Construction Group, LLC. At the same time, Flaherty misrepresented and concealed information about what he would do with the funds he received from the victims. Instead of depositing or investing the funds on the victims’ behalf, Flaherty deposited the funds into accounts he controlled, and he then used the funds for his own purposes and benefits, including to buy a boat and pay his mortgage and vehicle loans.
The indictment alleges that Flaherty’s conduct affected twelve specific victims in Iowa and Nebraska. On behalf of those victims, Flaherty obtained at least thirty-five annuities. Those twelve victims lost over $900,000 in charges, taxes, and fees in relation to their annuities. Those victims also wrote checks to Flaherty personally and his businesses which totaled over $1 million.
Further, the indictment alleges that Flaherty defrauded insurance companies out of commission payments. To do so, Flaherty caused annuity paperwork to be submitted to insurance companies which included misrepresentations and concealed information. Among other things, Flaherty submitted paperwork containing forged policyholder signatures. As a result of the annuity policies issued for the twelve victims in Iowa and Nebraska, insurance companies awarded commissions of over $650,000.
Finally, the indictment alleges that Flaherty conspired with another individual to commit mail and wire fraud. Flaherty and a co-conspirator agreed to execute and attempt to execute a scheme to defraud elderly individuals, primarily individuals in the Kansas City area.
If convicted, Flaherty faces a maximum penalty of twenty years in prison on each count.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement.
The Iowa Insurance Division’s Fraud Bureau and the Federal Bureau of Investigation are investigating the case, with assistance from the Des Moines Police Department, Clive Police Department, and the Iowa Department of Public Safety’s Division of Criminal Investigation. Assistant United States Attorney Kyle Essley is prosecuting the case.
Charleston Man Sentenced to Ten Years in Federal Prison for Sexual Exploitation of a Minor Through Social Media AppRead the Press Release
CHARLESTON, SOUTH CAROLINA — Samer Refaat Selwanes, 48, of Charleston, was sentenced to ten years in federal prison for sexual exploitation of a minor.
Selwanes pleaded guilty in September 2022 to sexual exploitation of a minor. According to court documents and hearings, an adult female reported to a victim assistance organization that when she was thirteen she began communicating with another user on Facebook Messenger, and she was coerced by that user to create sexually explicit images of herself. Law enforcement agents were informed and subsequently identified the offender as Selwanes.
Agents thereafter searched Selwanes’s residence and digital devices, and they also conducted a review of the victim’s cell phone. The electronic forensic evidence showed that from June 2013 to August 2016, Selwanes, who falsely purported to be a minor himself, communicated with the victim, who was a minor at that time, on Facebook Messenger and coerced her to create and transmit to him images of herself engaged in sexually explicit conduct.
United States District Judge Bruce Howe Hendricks sentenced Selwanes to 120 months in prison, to be followed by a life term of court-ordered supervision. There is no parole in the federal system.
Federal Bureau of Investigation (FBI) investigated the case. Assistant U.S. Attorney Dean H. Secor 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 epidemic of child sexual exploitation and abuse. Led by the U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
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California Man Pleads Guilty to Committing Unemployment Insurance Benefits FraudRead the Press Release
LAS VEGAS – A California resident pleaded guilty today to using multiple California Employment Development Department (EDD) unemployment insurance benefits debit cards in other peoples’ names without their authorization.
Breon Dante Mims (32), of Stockton, Calif., pleaded guilty to illegal transaction with access devices. A sentencing hearing is scheduled for July 25, 2023, before United States District Judge Gloria M. Navarro. Mims faces a statutory maximum penalty of 15 years in prison.
According to court documents and admissions made in court by Mims, on September 20, 2020, Las Vegas Metropolitan Police Department officers stopped Mims walking along Las Vegas Boulevard after he was observed smoking a marijuana blunt in public. During the stop, officers obtained Mims’ consent to search his backpack, and they found $10,080 in cash and 10 EDD debit cards none of which were in Mims’ name. He admitted that he possessed and used these EDD debit cards without authorization; and that he submitted the unemployment claims associated with the EDD debit cards without authorization. At least $261,600 in benefits were approved for the unemployment claims associated with the cards, and Mims withdrew at least $77,000 from various ATMs in Nevada and California using these fraudulently obtained EDD debit cards.
United States Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Quentin Heiden of the U.S. Department of Labor Office of Inspector General (DOL-OIG), Western Region made the announcement.
The DOL-OIG investigated the case. Assistant United States Attorney Jim Fang is prosecuting the case.
In May 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, 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 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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Boston Drug Trafficker Pleads Guilty to Cocaine TraffickingRead the Press Release
BOSTON – A drug trafficker operating out of the Boston area has pleaded guilty to his role in a cocaine trafficking conspiracy.
Maurice Coates, 45, of Randolph, pleaded guilty on April 18, 2023 to one count of conspiracy to distribute and to possess with intent to distribute 500 grams or more of cocaine. U.S. District Court Judge Richard G. Stearns scheduled sentencing for July 26, 2023.In June 2020, Coates was charged along with 23 others as part of Operation Snowfall. According to the charging documents, beginning in November 2018, law enforcement conducted an investigation into drug trafficking activities by Boston-based street gang members and associates in the Commonwealth Development in Brighton, formerly known as Fidelis Way, a multi-apartment public housing development. It is alleged that the defendants, through their drug trafficking activities, assumed control over multiple apartments, where they stored, cooked, packaged and sold drugs. As a result, their activities caused a blight of the development and reduced the quality of life of the other residents.
The investigation also targeted large-scale drug suppliers and their associates. It is alleged that the targets continued to distribute cocaine and cocaine base throughout the COVID-19 pandemic and shutdown. Coates is the 16th defendant to plead guilty in that case.Coates was identified as a significant drug supplier and distributor within the drug conspiracy, during which it is estimated he distributed over 500 grams of cocaine. During intercepted calls with co-defendant Kenji Drayton, Coates used drug-coded language to discuss their drug supply needs and to coordinate drug deal meetups. At times, those communications were corroborated by surveillance.
One remaining defendant in the case has pleaded not guilty and is pending trial. Another defendant, Derek Hart, remains at large. On Sept. 28, 2022, Drayton was sentenced to five years in prison and four years of supervised release.
The charge of conspiracy to distribute and to possess with intent to distribute 500 grams or more of cocaine provides for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release and a fine of up to $5 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.
First Assistant United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Brian Kyes, U.S. Marshal for the District of Massachusetts; John E. Mawn, Jr., Interim Colonel of the Massachusetts State Police; and Boston Police Commissioner Michael Cox made the announcement. Assistance with the investigation was provided by the Braintree, Cambridge, Canton, Randolph and Weymouth Police Departments; the Suffolk, Norfolk and Bristol County District Attorneys’ Offices; and the Suffolk, Plymouth and Norfolk County Sheriffs’ Office. Assistant U.S. Attorneys Kaitlin R. O’Donnell and Timothy E. Moran of the Organized Crime & Gang Unit are prosecuting the case.This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Beaufort Man Sentenced to 14 Years in Federal Prison for Possession of Child PornographyRead the Press Release
CHARLESTON, SOUTH CAROLINA — Leonardo Rubio, 23, of Beaufort, South Carolina, was sentenced to 14 years in federal prison after pleading guilty to possession of child pornography.
Evidence presented to the Court showed that beginning in at least 2016 and continuing through June 11, 2021, Leonardo Rubio sought, received, produced, and distributed images, videos, and files containing child pornography using multiple cell phones, data storage devices, the Kik social media messaging application, and Dropbox online cloud storage. Rubio’s crimes were discovered after Naval Criminal Investigative Service (NCIS) special agents received a NCMEC CyberTip from Dropbox, which indicated Rubio had uploaded at least 10 images containing child pornography to their cloud service. The special agents then obtained a search warrant for Rubio’s residence located on the Marine Corps Air Station in Beaufort.
During a forensic examination of devices seized from Rubio, analysts located a total of 26,114 images and 1,505 videos containing child pornography involving prepubescent male and female victims ranging in age from 3 months to 14 years old. During interviews, Rubio informed agents he also had distributed between 150 to 200 images of child pornography to other individuals using the Kik messaging application. Rubio also admitted to sexually assaulting an 8- or 9-year-old relative, as well as photographing himself engaged in sexual contact with his wife’s 7-year-old relative, when he was approximately 16 years old.
United States District Judge Bruce Howe Hendricks sentenced Rubio to 168 months in prison, to be followed by a life term of court-ordered supervision. There is no parole in the federal system. Judge Hendricks further ordered that the defendant pay $69,000 to the 23 victims seeking restitution in this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the U.S. Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
This case was investigated by the Naval Criminal Investigative Service. Assistant U.S. Attorney Allessandra Stewart is prosecuting the case.
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Baton Rouge Man Charged in Federal Court with Numerous Counts of Drug and Gun ChargesRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced that a federal grand jury has returned a seven-count indictment charging Hakeem Allen, age 27, of Baton Rouge, Louisiana, with distribution and possession with the intent to distribute fentanyl, heroin, clonazepam, methamphetamine, cocaine, and marijuana, and possession of a firearm in furtherance of a drug trafficking crime.
The indictment alleges that on five separate occasions from September 15, 2022 until October 4, 2022, Allen distributed and possessed with the intent to distribute fentanyl, heroin, clonazepam, methamphetamine, cocaine, and marijuana. On at least two of these occasions, Allen possessed a firearm in furtherance of these crimes.
If convicted of these charges, Allen faces a statutory maximum sentence of life in prison.
This matter is being investigated by the Drug Enforcement Administration and the East Baton Rouge Sheriff’s Office. This case is being prosecuted by Assistant United States Attorney Eli J. Abad.
NOTE: An indictment is an accusation by a grand jury. The defendant is presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Activity in the United States Attorney's OfficeRead the Press Release
Firearm Offenses
James Paul Stokes, age 49, of Bellefonte, Pennsylvania, was sentenced on April 18, 2023, for being a felon in possession of a firearm. The government requested 46 months’ imprisonment. Chief U.S. District Court Judge Scott W. Skavdahl sentenced Stokes to 33 months in prison with three years of supervised release. Stokes was fined $250 and charged a $100 special assessment. The crime was investigated by the Wyoming Highway Patrol and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Seth Griswold prosecuted the case.
Steven Robert Venjohn, age 34, of Casper, Wyoming, was sentenced to 41 months in prison with three years of supervised release for being an unlawful user of a controlled substance in possession of a firearm. Venjohn’s sentence was handed down by U.S. District Court Judge Alan B. Johnson on April 17, 2023, and included a $100 special assessment. According to court records, on November 30, 2022, officers discovered Venjohn asleep in his vehicle behind the steering wheel and discovered a white substance on the driver’s seat that tested presumptive positive for methamphetamine. Officers also found a Ruger Wrangler .22 caliber revolver on the rear driver’s side floorboard. The crime was investigated by the Casper Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Jonathan Coppom prosecuted the case.
Lance James Talbot, age 44, of Cheyenne, Wyoming, was sentenced on April 11, 2023, for being a felon in possession of ammunition. After an evidentiary hearing, the court found by a preponderance of the evidence that Talbot had used .40 caliber ammunition to shoot a victim in Cheyenne. The government requested 71 months’ imprisonment. Chief U.S. District Court Judge Scott W. Skavdahl sentenced Talbot to 57 months in prison with three years of supervised release and a $100 special assessment. According to court documents, Talbot was arrested on March 16, 2022, when officers were dispatched to investigate a shooting in Cheyenne. The victim had been shot in the leg, had head injuries consistent with blunt force trauma, and identified Talbot as the attacker. Security camera footage showed Talbot at the residence during the time of the shooting. Officers located and arrested Talbot, obtained a search warrant, and conducted a search of Talbot’s residence. There, officers found .40 caliber ammunition, which matched a spent casing at the scene of the shooting. The Cheyenne Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the crime and Assistant U.S. Attorney Jonathan Coppom prosecuted the case.
Mail Theft
Lacey Katherine Tolman, age 36, of Afton, Wyoming, was sentenced on April 18, 2023, to 18 months’ imprisonment with three years of supervised release and a $100 special assessment for mail theft. Chief U.S. District Court Judge Scott W. Skavdahl handed down the sentence. According to court records, Lincoln County Sheriff’s Office served a burglary search warrant on Tolman’s residence in Afton and located a large quantity of stolen U.S. mail and packages, including 40 checks with a total face value of $27,249.97. Lacey was taken into custody and pleaded guilty to the sole count of the indictment. This crime was investigated by the U.S. Postal Inspection Service and prosecuted by Assistant U.S. Attorney Michael Elmore.
A Ft. Bragg Officer Pleads Guilty and his Wife, the Executive Officer of the Campbell University ROTC Program, was Convicted in Government Property Theft that Profited More Than $2 MillionRead the Press Release
RALEIGH, N.C. – Two Army Officers, who are also husband and wife, have been convicted in a multi-year activity involving the theft of more than $2 million in government property. Last week, Chief Warrant Officer Three (CW3) Christopher Hammond, 38, pled guilty to theft/possession of government property and money laundering. Yesterday, his wife, Major Heather Hammond, 34, was convicted by a federal jury for spending money laundering proceeds and aiding and abetting. CW3 Hammond faces up to 30 years in prison, plus fines and restitution, and Major Hammond faces up to ten years in prison plus fines, when they are sentenced later this year.
“We are putting a stop to corruption at Ft. Bragg and those who use their official positions to line their own pockets. Mr. Hammond abused his position with the Army to steal and sell government property. He stole military scopes, weapons parts, tools, welding equipment, night vision goggles and ATVs,” said U.S. Attorney Michael Easley. “This gear was meant to support our troops in the fight for freedom, but the Hammonds sold it to retire in style.”
"Christopher and Heather Hammond betrayed the public trust by using their positions in the military for their own personal enrichment," stated Special Agent in Charge Christopher Dillard, Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Mid-Atlantic Field Office. "DCIS and our investigative partners will continue to hold those accountable who steal government property for personal use or personal gain and compromise the military's integrity."
“This conviction is the latest result of our ongoing efforts to investigate fraud and theft and should serve as a stark reminder that Army CID will vigorously pursue anyone who attempts to enrich themselves at the expense of the U.S. Government,” said Special Agent-in-Charge Larry S. Moreland, Department of the Army Criminal Investigation Division, Major Procurement Fraud Field Office.
"Our service men and women make sacrifices for our country every day and it undermines their commitment when a fellow soldier steals the property they depend on to stay safe. The FBI and our partners will aggressively investigate these types of crimes to ensure this criminal abuse of power and betrayal does not go unpunished," said Robert M. DeWitt, Special Agent in Charge of the Charlotte Division of the FBI.
According to court documents and other information presented in court, CW3 Hammond used his position to requisition government property intended for his unit at Ft. Bragg. The property was never logged into inventory at the base but was instead sold by Hammond to various individuals. In a two-year period, CW3 Hammond received at least $1.8 million in wire transfers related to the sales, which he deposited into bank accounts controlled by him and his wife. The investigation traced about 200 items sold by CW3 Hammond or held in his home as having been issued to Hammond’s military unit. Major Hammond knowingly allowed use of her bank accounts, even suggesting the use of her accounts so the money would not go into Chief Hammond’s bank account. The fraud was uncovered when a supplier noticed that items procured under a government contract were being sent in for warranty repairs by a private individual.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after U.S. District Judge Terrence W. Boyle accepted CW3 Hammond’s plea and the jury verdict related to Major Hammond. Defense Criminal Investigative Services (DCIS), Department of Army Criminal Investigation Division (CID), and the Federal Bureau of Investigation (FBI) are investigating the case and Assistant U.S. Attorneys Barbara Kocher and Logan Liles are prosecuting the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:22-CR-00106-BO.
2 men sentenced to prison for domestic terrorist plans to attack power gridsRead the Press Release
COLUMBUS, Ohio – Two men were sentenced in federal court here today for conspiring to attack power grids throughout the United States to promote their white supremacy ideology.
Christopher Brenner Cook, 21, of Columbus, Ohio, was sentenced to 92 months in prison. Jonathan Allen Frost, 25, of Katy, Texas, and West Lafayette, Indiana, was sentenced to 60 months in prison. Jackson Matthew Sawall, 22, of Oshkosh, Wisconsin, was also charged and pleaded guilty in February 2022. His case remains pending.
Cook and Frost engaged in a plot to attack the country’s energy infrastructure, damage the economy, and stoke division in American society in the name of white supremacy. “Revolution is our solution” was a recurring theme in the defendants’ communications to one another.
“These defendants plotted armed attacks against energy facilities to stoke division in furtherance of white supremacist ideology and now they are being held accountable,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department will not tolerate the use of violence to advance any extremist ideology and we remain determined to protect our communities from such hateful acts of terror.”
“At the root of every terrorist plot – whether foreign or domestic – is hate,” said U.S. Attorney Kenneth L. Parker. “As a society, we must be vigilant against online radicalization, which is a powerful tool used by extremists to recruit both juveniles and adults.”
“The individuals sentenced today created a suicide pact to sow hatred and commit terrorist acts intended to destabilize our country,” stated FBI Cincinnati Special Agent in Charge J. William Rivers. “Through rigorous investigation and law enforcement partnerships, their radical plan was halted. Today’s sentence is a message to anyone with similar plans that they will be disrupted and held accountable for conspiring to commit violence.”
According to court documents, in fall 2019, Frost and Cook met in an online chat group. Frost shared the idea of attacking a power grid with Cook, and within weeks, the two began efforts to recruit others to join in their plan.
As part of the recruitment process, Cook asked literary questions and circulated a book list of readings that promoted the ideology of white supremacy and Neo-Nazism.
The conspirators had a separate propaganda group named “The Front” that planned to take credit for the power grid attack should it occur successfully. The defendants also created exclusive subgroups for individuals who passed the defendants’ additional screenings. The first subgroup was called “Lights Out.”
As part of the conspiracy, each defendant was assigned a substation in a different region of the United States. The plan was to attack the substations, or power grids, with powerful rifles. The defendants believed their plan would cost the government millions of dollars and cause unrest for Americans in the region. They had conversations about how the possibility of the power being out for many months could cause war, even a race war, and induce the next Great Depression.
The defendants’ commitment to their radical ideology turned from ideas to concrete actions in furtherance of the attacks.
In February 2020, the co-conspirators met in Columbus, Ohio, to further discuss their plot. Frost, who had obtained several untraceable automatic rifles, provided Cook with an AR-47 and the two took the rifle to a shooting range to train.
Frost also provided Cook with a suicide necklace during the Columbus meeting. The necklace was filled with fentanyl to be ingested if and when the defendants were caught by law enforcement. Cook expressed his commitment to dying in furtherance of the mission.
Upon arriving in Columbus, Cook and Sawall purchased spray paint and painted a swastika flag under a bridge at a park with the caption, “Join the Front.” The defendants had additional propaganda plans for their time in Ohio, but they were derailed during a traffic stop.
Court documents detail that Cook and Frost continued in furtherance of the conspiracy to travel together after their Ohio meeting, and traveled to Oklahoma and Texas in March 2020, where Cook stayed in different cities with various juveniles he was attempting to recruit for their plot.
Frost circulated a “meetup guide” to the group with guidance on recruiting juveniles to their cause because “[T]hey are 99% not a Fed…”
When law enforcement searched each defendant’s residence, they discovered multiple firearms, chemicals, components capable of building explosives, violent extremist Nazi material, and information about U.S. power infrastructure and substations.
The men were each charged by a Bill of Information and pleaded guilty in February 2022 to conspiring to provide material support to terrorists.
Assistant United States Attorney Jessica W. Knight and Trial Attorney Justin Sher with the Department of Justice’s National Security Division are representing the United States in this case.
U.S. Attorney Parker commended the cooperative investigation by the FBI’s Joint Terrorism Task Force in Columbus, Milwaukee, Indianapolis and Houston, as well as the U.S. Attorney’s Offices in the Eastern District of Wisconsin and Northern District of Indiana.
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Thursday 20 April 2023
법무부, 법원들에 청소년과 성인의 벌금과 요금에 관한 동료분들께 드리는 서신 발행Read the Press Release
법무부는 오늘 주법원과 지방법원들 및 소년법원 기관들에게 성인과 청소년에 대한 벌금과 요금의 부과와 집행에 관한 동료분들께 드리는 서신(Dear Colleague Letter)을 발행하였습니다. 서신은 일반적으로 법원이 부과하는 벌금 및 요금 관행을 언급하고 있으며, 또한 이러한 관행들이 불법이 되거나, 지불능력이 없는 개인들을 부당하게 처벌하거나, 차별의 결과로 이어질 수 있음을 경고합니다. 법무부는 정당성, 경제적 정의, 그리고 저소득 지역사회에 관여하는 사법체계에 불균형적으로 기여하는 정책 퇴치 등을 위해 현재 진행중인 책무의 일환으로 이 서신을 제공합니다.
서신은 벌금과 요금에 관한 몇 가지 주요 문제들을 강조하고 있는데, 이에는 납부 불이행에 대한 역결과를 부과하기 전에 의미 있는 납부능력평가를 시행하기, 벌금 및 요금의 대안을 고려하기, 지나친 처벌을 방지하기, 그리고 적절할 경우 변호인의 도움과 같은 정당한 법적 절차 보호를 보장하기 등의 중요성이 포함됩니다
서신은 법원체계들과 기타 연방 재정지원수급자들에게 그들이 현재 수행 중인 다음과 같은 의무를 상기시킵니다: 인종, 피부색, 출신 국가, 종교, 성별 및 장애에 기반하여 차별하지 말 것; 영어 미숙달자들에게 의미 있는 접근성을 제공할 것; 그리고 적합한 문서기록을 통해 연방차별금지법 위반의 가능성이 식별되고 방지될 수 있도록 할 것. 법무부는 또한 모범사례지침을 만들고 이 분야의 주정부 및 법원 리더들에 의한 혁신적인 사업들을 강조함으로써 본 서신의 후속업무를 지원할 것입니다.
법무부 법무차관 바니타 굽타(Vanita Gupta)는 "미국의 사법은 개인의 소득이나 배경에 의존해서는 안된다" 고 말하며 "사법부의 최신 지침은, 저소득 지역사회들과 유색인들에게 불균형하게 영향을 미치는 관행은 개인들과 그들의 가족들을 빈곤의 패턴과 처벌에 가둘 수 있으며 그와 비슷한 처지의 성인과 청소년의 민권을 침해할 수 있다는 것을 언급하고 있다. 많은 관할들은 벌금과 요금에 의존하는 것을 줄이도록 혁신해왔으며 사법부는 모든 이들을 위한 평등한 정의와 공공안전을 진보시키기 위한 이러한 움직임에 기반하고 있다" 고 밝혔습니다.
법무부 민권담당국의 법무차관보 크리스튼 클락(Kristen Clarke)은 "전국적으로 제약없이 이루어지는 벌금과 요금의 부과는, 상당수가 유색인인 빈곤층을 옭아매어 우리의 사법체계 안에서 늘어가는 부채, 불필요한 투옥, 그리고 심신을 약화시키는 갈등의 악순환에 빠지게 하였다" 고 말하며 "벌금과 요금의 공격적인 부과로 인해 초래될 수 있는 피해에 맞섬으로써, 우리는 채무자의 감옥에 종지부를 찍을 수 있고 모든 사람들을 위한 법 아래에서 평등한 정의를 추구할 수 있으며, 사법부는 법원들과 소년법원기관들이 민권과 헌법상의 권리를 보호하면서 공공안전의 요구를 다루는 개혁과 관행을 이행하도록 도울 준비가 되어 있다" 고 밝혔습니다.
사법 접근실 실장 레이첼 로시(Rachel Rossi)는 "벌금과 요금을 납부해야 할 의무는 가난과 기타 경제적인 역경을 겪고 있는 성인과 청소년에게 치명적인 영향을 미치며 수많은 사람들을 영원한 가난과 채무의 굴레에 가둔다" 고 말하며 "이러한 의무들은 우리 사법체계에 대한 완전하고 공정한 접근을 방해할 수도 있다. 이러한 이유로 우리는 사법적 이익에 기여하지 못하는 해로운 관행들을 방지하는데 촉각을 세워야 한다. 본 서신은 그러한 진행중인 과정의 중요한 발걸음이다" 라고 하였습니다.
사법프로그램실 제1법무부차관보 에이미 엘 솔로몬(Amy L. Solomon)은 "형사 및 소년법원 체계에서의 요금과 벌금 집행은 지불 능력이 가장 낮은 사람들에게 가장 무거운 짐을 부과하여 사법체계에 더 깊숙히 끌어들인다" 라고 하면서 "우리는 전국의 관할들과 함께 이러한 부당한 관행들을 끊어내거나 제한함으로써 사법체계안의 성인과 청소년이 그들의 삶에서 전진하기 위하여 필요한 기회를 가질 수 있도록 일할 것이다" 라고 하였습니다.
다음 몇 주 안에 사법지원국은 또한 벌금 및 요금 정책들과 관행들에 대하여 이해하고 개혁하는 것에 관심이 있는 엄선된 관할들과 함께 일할 연수 및 기술 지원업체를 찾는 모집공고를 발표할 것입니다. 궁극적인 목표는 이러한 관할들이 부당한 벌금과 요금의 사용을 줄이고 이러한 체계들에 사용되었던 자원들을 공공안전에 더 큰 이익을 돌려주는 활동들로 전환시키도록 도움을 주는 것입니다.
서신은 1964년 민권법 제 6편 (제 6편)과 1968년 각종 범죄 단속 및 길거리 치안법 (길거리 치안법)을 포함한 연방 차별금지 법령들 뿐만 아니라 수정헌법 제 6, 8, 14 조를 포함한 헌법적 원리에 기반합니다. 오늘 발행된 서신의 사본은 여기에서 보실 수 있습니다. 민권과 헌법상의 권리를 옹호하고 보호하기 위한 민권담당국의 사업에 대한 온라인 추가정보는 www.justice.gov/crt 에서 보실 수 있습니다. 차별적 관행들에 대한 항의는 civilrights.justice.gov 인터넷 신고포털을 통하여 민권담당국에 신고할 수 있습니다.
司法部關於向青少年和成人收取罰款和費用一事 向各法院發佈“致同事信”Read the Press Release
今日，司法部向各州和地方法院以及青少年司法機構，關於向青少年和成人收取罰款和費用一事，發佈“致同事信”。該信涉及常見的法院收取罰款和費用的做法，並提醒上述做法可能不合法，以及不公平地懲罰無法付費的當事人，或造成歧視的後果。司法部提供此信，是正在進行的爭取公平和經濟公正的工作的一部分，並糾正導致司法系統代表低收入人羣不足的政策。
該信特別指出一系列涉及罰款和費用的關鍵問題，如：在做出不付款會導致嚴重後果的決定前，應先做有合理的付款能力評估的重要性；考慮代替罰款和付費的其它辦法；嚴防過度懲罰，並確保有正當程序的保護，包括提供必要的律師幫助。
該信提醒法院系統和其它聯邦經濟補助收受單位，它們有不懈的義務，即不應以種族、膚色、國籍、宗教、性別和殘疾爲由，有歧視行爲；它們應該爲英文表達能力有限的人提供合理的服務；確保正當記錄，以識別並防止潛在的違反聯邦反歧視法的行爲。司法部也將通過建立最佳行爲準則、表彰各州及法院領導者就此問題的創新舉措，跟進此信。
助理司法部長瓦尼塔 • 古普塔 (Vanita Gupta) 說：“美國的司法不應該取決於一個人的收入或背景。司法部的最新準則是解決那些不合理的、影響低收入羣體和有色人種的行爲。這些行爲導致一些人及其家人陷入貧困和懲罰的慣性。許多行爲違反了成人和青少年的民權。許多法院推出創新舉措，以減少對罰款和收費的依賴。司法部正在利用這一勢頭，爲所有人推進司法平等和公共治安。”
主管司法部民法處（Civil Rights Division）的司法部長助理 克里斯屯 • 克拉克 (Kristen Clarke) 說：“全國範圍內毫無節制的收繳罰款和費用，束縛了窮人。他們許多人是有色人種，深陷於債臺高築、不必要的監禁、以及在我們的司法制度中無法自拔的循環之中。正視這些會導致過度收繳罰款和收費的危害，能使我們取消欠債人的監獄，促進爲所有人依法實施的公義。司法部時刻準備幫助法院和青少年司法機構實施改革和措施，以滿足公共治安需求，同時保護民權和憲法賦予的權利。”
司法公正辦公室（Office for Access to Justice）主任雷切爾 • 羅西 (Rachel Rossi) 說：“對身處貧窮和其它經濟困難的成人和青少年來說，必須繳納罰款和費用，是個毀滅性的打擊， 使很多人處於永無止境的貧困和債務之中。必須繳納罰款和費用也會妨礙人們全面和公平地利用我們的司法制度。爲此，我們必須保持警惕，防止那些妨礙司法利益的有害行爲。此信是這一進程中邁出的重要的一步。”
主管司法項目辦公室（Office of Justice Programs）的第一副助理司法部長 艾米 • L • 所羅門 (Amy L. Solomon) 說：“刑法和青少年司法制度中收繳費用和罰款的做法，對那些最無能力付款的人來說，是最大的負擔，使其深深陷入司法制度而不能自拔。我們會跟全國各司法轄區協同，一起結束或減少上述不公正的做法，以便其轄區內的成人和青少年能夠獲得改變人生的機會”。
在以後的幾個星期，司法輔助局也將頒佈一份招標書 ，尋求一家能夠提供訓練和技術指導的單位，與一些特意選出的、有意瞭解和改進它們的罰款和收費政策和做法的法院攜手合作。最終的目標是，幫助這些法院減少不公正的罰款和收費， 將本來用於此項工作的資源用在能夠帶來更大的公共治安的活動。
此信基於憲法原則，包括第六、第八和第十四修正案，以及聯邦反歧視法，包括1964年的民權法第六條（第六條）以及1968年的綜合犯罪控制和街道安全法 （街道安全法）。今日所發的信，可在此 查閱得到。民權處有關堅持並保護民權和憲法權利的工作，可上網查看，點擊 https://www.justice.gov/crt。 涉及歧視性行爲的投訴，可以通過民權處的投訴網站，上報民權處，點擊 civilrights.justice.gov。
司法部就青少年和成年人的罚款和费用一事 向法院发出《亲爱的同事信》Read the Press Release
司法部今天向各州和地方法院以及青少年司法机构发布了一封关于对成年人和青少年征收和执行罚款和费用的《亲爱的同事信》。该信涉及法院征收罚款和费用的常见做法，并警告可能违法、对无力支付或其他具有歧视性影响的个人进行不公平处罚的做法。该部门提供这封信是其持续致力于公平、经济正义以及对于给低收入社区带来过多司法系统介入的政策进行斗争的一部分。
该信强调了一些有关罚款和费用的关键问题，例如在强制未能支付而导致的不利后果之前进行有意义的付款能力评估的重要性，考虑罚款和费用的替代方案，防范过度惩罚，并确保正当程序的保护，包括在适当时提供律师协助。
该信提醒法院系统和其他联邦财政援助受益者继续履行其义务：不因种族、肤色、原国籍、宗教、性别和残疾而进行歧视；为英语能力有限的个人提供合理的服务；确保适当的记录可以帮助识别和避免潜在的违反联邦非歧视法的行为。该部门还将在该信之后建立最佳实践指南，重点介绍各州和法院领导在这一领域的创新工作。
司法部助理部长瓦尼塔·古普塔（Vanita Gupta）说道：“美国的司法不应取决于一个人的收入或背景。司法部的最新指导针对的是那些对低收入社区和有色人种影响过大的做法，这些做法可能使个人及其家庭陷入贫困和惩罚的循环，并可能侵犯成年人和青少年的公民权利。许多司法管辖区已经进行了创新，以减少对罚款和费用的依赖，司法部正在这一势头的基础上推进为所有人实现司法公正和公共安全。”
司法部民权司（Civil Rights Division）助理检察长克里斯汀·克拉克（Kristen Clarke）表示：“在全国范围内无限制地征收罚款和费用，使贫困人口（其中太多是有色人种）陷入了债务升级、不必要的监禁和在我们的司法系统中令人衰弱的纠缠的循环。通过正视咄咄逼人的罚款和费用可能造成的伤害，我们可以结束债务人的监狱，并促进法律面前人人平等。司法部随时准备协助法院和少年司法机构制定改革措施和实践，以满足公共安全的需要，同时保护公民和宪法权利。”
司法公正办公室（Office for Access to Justice）主任瑞秋·罗西（Rachel Rossi）说：“缴纳罚款和费用的义务对经历贫困和其他经济逆境的成年人和青少年具有毁灭性的影响，使许多人陷入无休止的贫困和债务循环中，这些义务还会干扰充分和公平地使用我们的司法系统。由于这些原因，我们必须保持警惕，防止不符合司法利益的有害做法。这封信是这一持续过程中的重要一步。”
司法项目办公室（Office of Justice Programs）首席副助理总检察长艾米·所罗门（Amy L. Solomon）表示：“刑事和少年司法系统中的费用和罚款做法给那些最无力支付的人带来了最沉重的负担，使他们更深地陷入司法系统。我们将与全国各地的司法管辖区合作，终结或限制这些不公平的做法，以便司法系统中的成年人和青少年有机会生活中向前迈进。”
在接下来的几周内，司法援助局（Bureau of Justice Assistance）还将发布一份招标书，寻求培训和技术援助供应商，与有兴趣了解和改革其罚款和费用政策和做法的选定司法管辖区合作。最终目标是帮助这些司法管辖区减少使用不公正的罚款和费用，并将用于这些系统的资源转用于对公共安全具有更大回报的活动。
该信基于宪法原则，包括第六、第八和第十四修正案，以及联邦非歧视法规，包括1964年《民权法案》第六章（《第六章》）和1968年《综合犯罪控制与街道安全法》（《街道安全法》）。您可以在这里找到今天的信件副本。有关民权司维护和保护公民和宪法权利工作的其他信息可在网上查阅：www.justice.gov/crt。有关歧视性做法的投诉可以通过其互联网举报门户civilrights.justice.gov向民权司报告。
Wives of Convicted Drug Traffickers Plead Guilty to Laundering Drug ProceedsRead the Press Release
CHICAGO — The wives of convicted drug traffickers Pedro Flores and Margarito Flores have each pleaded guilty to one count of conspiracy to commit money laundering.
VIVIANNA LOPEZ, also known as “Mia Flores,” 42, and VALERIE GAYTAN, also known as “Olivia Flores,” 47, both confirmed in their plea agreements that from December 2008 until March 2020, they conspired with each other – as well as others – to conduct financial transactions involving drug proceeds, knowing the transactions were designed in part to conceal the nature of the proceeds. Additionally, their plea agreements state that between at least May 2005 and December 2008, Margarito Flores and Pedro Flores operated a Chicago-based distribution cell for the Sinaloa Cartel and the Beltran Leyva Organization, which involved the transportation and distribution of hundreds of kilograms of cocaine and kilogram quantities of heroin per month to customers in Chicago, Columbus, Cincinnati, Philadelphia, New York, Washington, D.C., Detroit, Los Angeles, and Vancouver. This drug trafficking activity generated hundreds of millions of dollars of proceeds from the sale of narcotics.
After their husbands’ cooperation began in November 2008, Lopez and Gaytan stored cash drug proceeds from their husbands’ drug operations, proceeds which they accessed and spent for the benefit of themselves and others until 2020. The charges alleged that the money was spent on various items, including more than $165,000 in private school tuition for children of Vivianna Lopez and Gaytan, more than $99,000 in international and domestic travel by Vivianna Lopez and Gaytan, more than $80,000 for Vivianna Lopez’s residential rent, and approximately $11,000 in child support for a child of one of the incarcerated husbands. Both have agreed to the government’s forfeiture request of $504,858.
Gaytan pleaded guilty on April 14, 2023 and Lopez plead guilty on April 20, 2023. Laura Lopez also pleaded guilty to one count of conspiracy to commit money laundering on April 20, 2023. Sentencing dates have not been set. Each count carries a maximum potential sentence of 20 years’ imprisonment.
The plea agreements are announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois; Sheila G. Lyons, Special Agent-in-Charge of the Chicago Field Division of the U.S. Drug Enforcement Administration; Justin Campbell, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago; and Ruth M. Mendonça, Inspector-in-Charge of the Chicago Division of the U.S. Postal Inspection Service. The government is represented by Assistant U.S. Attorneys Andrew C. Erskine and Erika L. Csicsila.
West Virginia Man Pleads Guilty to Export Fraud ViolationRead the Press Release
Rana Zeeshan Tanveer, 42, of Beckley, West Virginia, pleaded guilty today to the federal felony offense of committing an export fraud violation.
According to court documents and statements made in court, Tanveer admitted in the plea agreement to knowingly submitting false export valuations for certain items that Tanveer shipped to Pakistan. Specifically, in June 2017, Tanveer purchased two high technology items, paying more than $4,000 for both items. Prior to shipping, Tanveer created and used a false invoice that intentionally understated the value of the items as less than $200. After undervaluing the items on the invoice, Tanveer then shipped the items to Pakistan using a freight forwarding service. From 2014 to 2018, Tanveer intentionally used false invoices that deliberately undervalued the purchase cost of other U.S. origin technology items that Tanveer exported to Pakistan.
“Mr. Tanveer pleaded guilty to unlawfully shipping high-technology devices overseas and is now being held accountable,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Department of Justice is steadfast in its commitment to prosecute those who would undermine our nation’s security and economic interest by flouting U.S. export control laws.”
“Violating export control requirements is a serious offense,” said U.S. Attorney Will Thompson for the Southern District of West Virginia. “Our office is committed to working closely with our law enforcement partners to hold accountable those who evade U.S. export laws.”
“Knowingly undervaluing shipments in order to avoid export reporting requirements is a violation of U.S. export control rules,” said Acting Special Agent in Charge Scott Anderson of the Department of Commerce’s Office of Export Enforcement Washington Field Office. “The Office of Export Enforcement will continue to work with our law enforcement partners to prevent and disrupt illicit trade that threatens U.S. national security and undermines U.S. foreign policy.”
Federal law requires the filing of accurate electronic export information through the automated export system about certain items that are exported from the United States. It is a federal crime to knowingly submit false or misleading electronic export information. The purpose of this export requirement is to strengthen the ability of the United States to prevent the export of certain items to unauthorized destinations or end users. Accurate information in the automated export system also aids the United States in targeting, identifying, and, when necessary, confiscating suspicious or illegal items or shipments prior to export.
Tanveer is scheduled to be sentenced on Aug. 4 and faces a maximum penalty of five years in prison, three years of supervised release, and a $250,000 fine.
The Department of Commerce’s Office of Export Enforcement and the FBI investigated the case.
Assistant U.S. Attorney Erik S. Goes for the Southern District of West Virginia and Trial Attorney R. Elizabeth Abraham of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
U.S. Capitol Breach Defendant Charged in Texas After Firing Handgun Towards Law EnforcementRead the Press Release
A United States Capitol breach defendant who allegedly fired several shots towards law enforcement days before his first court appearance has been charged with a federal firearm crime, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Nathan Donald Pelham, 40, of Greenville, Texas, was charged via criminal complaint by the U.S. Attorney’s Office for the Northern District of Texas with being a felon in possession of a firearm. He made his initial appearance before U.S. Magistrate Judge Toliver on Wednesday, April 19.
On Tuesday, April 11, Mr. Pelham was charged by the U.S. Attorney’s Office for the District of Columbia with four misdemeanor counts stemming from his alleged participation in the January 6th breach of the U.S. Capitol building.
On Wednesday, April 12, 2023, an FBI agent informed Mr. Pelham he had been charged by federal prosecutors in DC and instructed him to self-surrender the following Monday, April 17. He agreed to do so.
That evening, the Hunt County Sheriff’s Office initiated a welfare check at Mr. Pelham’s residence in response to a call from a relative, who advised deputies that Mr. Pelham had a gun. When they arrived, the house was dark. Deputies activated their emergency lights, and Mr. Pelham’s minor daughter exited the home. For her safety, she was placed into a HCSO patrol car. Shortly thereafter, deputies they heard gunshots emanating from the residence and took cover.
About an hour later, at approximately 9:38 p.m., Mr. Pelham – a previously convicted felon – walked onto the porch and allegedly fired towards several deputies, who could be heard on body-worn camera video noting bullets “whiz” by them. A deputy instructed Mr. Pelham to put his gun down, but he continued to wave it until re-entering his home. At 10:46 p.m., Mr. Pelham again exited the residence and fired multiple rounds.
Law enforcement departed at 12:21 a.m. without any injuries.
A subsequent search of Mr. Pelham’s home revealed a Smith & Wesson 9mm pistol and four boxes of ammunition, as well as several 9mm sized holes in the walls.
A criminal complaint is merely an allegation of wrongdoing, not evidence. Mr. Pelham is presumed innocent of all the charges against him until proven guilty in a court of law.
If convicted, he faces up to 15 years in federal prison on the felony gun charge and three years on the misdemeanor charges. He has been ordered detained pending trial in both cases.
The Federal Bureau of Investigation’s Dallas Field Office and the Hunt County Sheriff’s Office conducted the investigation into the firearm incident. Assistant U.S. Attorney Douglas Brasher of the Northern District of Texas is prosecuting the firearms case with the help of Special Counsel Brendan Ballou.
U.S. Attorney’s Office hosts United Against Hate meeting in BillingsRead the Press Release
BILLINGS — The U.S. Attorney’s Office held its first United Against Hate event on April 19 in Billings with a meeting of federal and local law enforcement representatives and local religious and faith leaders, U.S. Attorney Jesse Laslovich said today.
United Against Hate is an initiative launched by the Department of Justice focused on improving the prevention of hate crimes and hate incidents by building relationships at the local level. Through this initiative, the Justice Department seeks to create and strengthen partnerships among law enforcement, community leaders and residents.
“I am pleased to kick off this initiative in Billings, which has experienced some troubling incidents against houses of worship and faith groups in recent months. Billings also has a history of standing up to hate, and I look forward to hearing different perspectives on ways we can all work together to fight hate crimes and prevent hate incidents from occurring,” U.S. Attorney Laslovich said.
The meeting, held at the Yellowstone County Commission’s Board Room, provided an opportunity for members and leaders in the faith community to have a better understanding of hate crimes and hate incidents, how to report them to law enforcement and to learn about available resources.
Speakers at the Billings meeting included U.S. Attorney Laslovich and Assistant U.S. Attorney Paul Vestal, civil rights coordinator for the office. In addition, the event featured a panel discussion and question and comment session that included U.S. Attorney Laslovich, FBI Supervisory Resident Agent Nadine Brown, Department of Homeland Security, Cybersecurity and Infrastructure Security Agency, Protective Security Advisor Albert Mendoza, Yellowstone County Sheriff Mike Linder and Billings Police Department Chief Rich St. John.
The District of Montana will be holding additional United Against Hate events in the coming months in communities across the state.
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Two Southern Idaho Men Sentenced for Federal Drug CrimesRead the Press Release
BOISE – Two men from southern Idaho were sentenced to federal prison in separate drug trafficking cases, announced U.S. Attorney Josh Hurwit.
Steven Feller, 65, of Kuna, was sentenced to 114 months in federal prison for possession with intent to distribute methamphetamine. Senior U.S. District Judge B. Lynn Winmill also ordered Feller to serve five years of supervised release following his prison sentence.
According to court records, in July and August 2021, Feller sold methamphetamine to a confidential informant. In September 2021, law enforcement stopped Feller in Iron County, Utah. Feller was in possession of five pounds of methamphetamine that he intended to distribute in Idaho. In May 2022, law enforcement located a package containing drugs being shipped to Feller at his residence in Kuna. Law enforcement obtained and executed a search warrant on Feller’s residence and located approximately a pound and a half of methamphetamine and three firearms. Feller has a prior conviction for trafficking drugs.
In a separate case, Lawrence Eric Barnes, 42, of Twin Falls, was sentenced to 160 months in federal prison for possession with intent to distribute methamphetamine and fentanyl. Chief U.S. District Judge David C. Nye also ordered Barnes to serve five years of supervised release following his prison sentence
According to court records, during a traffic stop in Twin Falls County in June 2022, a Twin Falls County Sheriff’s Deputy seized 16 pounds of methamphetamine, 20 grams of fentanyl powder, 200 fentanyl pills, and a loaded .40 caliber handgun, from Barnes’ vehicle. Barnes was traveling from California with the intention of distributing the drugs in the Treasure Valley.
Barnes has an extensive criminal history, including convictions for domestic violence and controlled substance offenses. At the time of the instant offense, Barnes was on parole for trafficking in methamphetamine and attempted strangulation.
U.S. Attorney Hurwit credited the U.S. Postal Inspection Service, the Drug Enforcement Administration, the Idaho State Police, the Nampa Police Department, and the Ada County Sherriff’s Office for their collaborative work on the Feller case and commended the Twin Falls County Sheriff’s Office and the Drug Enforcement Administration for their work on the Barnes case.
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Two Doctors Sentenced for Stealing $31M from MedicareRead the Press Release
Two Florida doctors were sentenced today for their respective roles in a scheme to defraud Medicare by submitting over $31 million in claims for expensive durable medical equipment (DME) that Medicare beneficiaries did not want or need and that were procured through the payment of kickbacks.
Dean Zusmer, 54, of Miami, was sentenced to eight years and one month in prison and ordered to pay $1,404,200.97 in restitution. Dr. Lawrence Alexander, 45, of Miami, was sentenced to two years and nine months in prison. Restitution will be determined at a later hearing.
According to court documents, Zusmer was a chiropractor who conspired with others to steal millions of dollars from Medicare. Zusmer owned one of four DME companies that collectively billed Medicare over $31 million for medically unnecessary DME, of which over $15 million was paid. Zusmer and his co-conspirators, including Jeremy Waxman, acquired patient referrals and signed doctors’ orders by paying kickbacks to marketers who used overseas call centers to solicit patients and telemedicine companies to procure prescriptions for unnecessary braces for these patients. Alexander was an orthopedic surgeon who owned one of the DME companies with Waxman and concealed both his and Waxman’s roles in the scheme by putting the DME company in the name of one of Alexander’s family members.
In January 2023, Zusmer was convicted after trial of multiple health care fraud-related offenses and for making a false statement relating to health care matters; Alexander was convicted of making a false statement relating to health care matters. Waxman was previously sentenced to over 15 years in prison for his role in the scheme.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.
The FBI and HHS-OIG investigated the case.
Trial Attorneys Catherine Wagner, Patrick Queenan, Meredith Hough, Jamie de Boer, and Keith Clouser of the Criminal Division’s Fraud Section prosecuted the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 25 federal districts, has charged more than 5,000 defendants who collectively have billed federal health care programs and private insurers more than $24 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
Two Certified Nurse Midwives, One Licensed Practical Nurse and Two Business Owners Among Those Charged in Brooklyn as Part of National Health Care Related COVID-19 Enforcement ActionRead the Press Release
Five individuals, including two certified nurse midwives, one licensed practical nurse and two health care business owners, have been charged for their participation in separate schemes that fraudulently distributed more than 2,600 fake COVID-19 vaccination records cards and defrauded the Paycheck Protection Program and Economic Injury Disaster Loan Program of more than $1.7 million. The charges filed in federal court in Brooklyn, New York, are part of a nationwide COVID-19 enforcement action led by the Criminal Division’s Fraud Section, which resulted in criminal charges against 18 individuals for their alleged participation in health care fraud schemes involving approximately $490 million in fraudulent claims.
The charges were announced by Breon Peace, United States Attorney for the Eastern District of New York; Kenneth A. Polite, Jr., Assistant Attorney General of the Justice Department’s Criminal Division; Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and Thomas M. Fattorusso, Acting Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York (IRS-CI).
“The defendants in these cases used the COVID-19 pandemic as an opportunity to engage in fraud, including faking vaccine cards and stealing vital funds designed to keep struggling businesses afloat,” stated United States Attorney Peace. “My Office remains committed to combating the opportunistic fraud that occurred in connection with the pandemic.”
Mr. Peace thanked the New York State Department of Health for their assistance with the case.
The results of the nationwide enforcement action were announced today by Assistant Attorney General Polite.
“Today’s announcement marks the largest-ever coordinated law enforcement action in the United States targeting health care fraud schemes that exploit the COVID-19 pandemic,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “The Criminal Division’s Health Care Fraud Unit and our partners are committed to rooting out pandemic-related fraud and holding accountable anyone seeking to profit from a public health emergency.”
“Since the start of the pandemic, we have seen the aid for businesses and individuals stolen through fraud and deceit. Fraudsters have lined their pockets and built real estate empires through illicit gains, showing no regard for those who truly need the funds. IRS Criminal Investigation and our investigative partners stay committed to targeting the criminals taking advantage of COVID relief benefits to see that the only pockets they line are those of a prison jumper,” said Thomas M. Fattorusso, Special Agent in Charge of IRS-CI New York.
“The defendants allegedly operated a COVID-19 vaccination card fraud scheme distributing vaccine cards to individuals not vaccinated while also destroying doses of the vaccine intended to protect members of the community. COVID-19 health care fraud schemes put the well-being of society at risk. The FBI will continue to ensure schemers defrauding the government face the consequences in the criminal justice system,” stated Assistant Director-in-Charge Driscoll.
Schemes charged in the Eastern District of New York, detailed in two indictments and one criminal information, include the following:
United States v. Kathleen Breault and Kelly McDermott
The indictment charges certified nurse midwives Kathleen Breault and Kelly McDermott with conspiracy to defraud the United States. The indictment alleges that McDermott, who owns Sage-Femme Midwifery PLLC, a midwife clinic in Albany, New York, and Breault, who worked at Sage-Femme, conspired to enroll Sage-Femme as an authorized COVID-19 vaccine administration site and to provide COVID-19 vaccination record cards to individuals who were not vaccinated, including minors who were not at the time eligible to be vaccinated and non-United States citizens who were not present in the United States when they were purportedly vaccinated. The defendants allegedly destroyed vials of COVID-19 vaccines that were intended to be used to vaccinate patients. Even though Sage-Femme was a small midwife practice, the defendants’ fraud turned it into one of the busiest Johnson & Johnson vaccination sites in New York State, outpacing large, state-run vaccination sites.
United States v. Sherilyn Pellitteri
The information charges Sherilyn Pellitteri, a licensed practical nurse, with conspiracy to defraud the United States. The information alleges that Pellitteri, an employee of Sage-Femme Midwifery PLLC, a midwife clinic in Albany, New York, conspired to enroll Sage-Femme as an authorized COVID-19 vaccine administration site and to provide COVID-19 vaccination record cards to individuals who were not vaccinated, including minors who were not at the time eligible to be vaccinated and non-United States citizens who were not present in the United States when they were purportedly vaccinated. The defendant allegedly destroyed vials of COVID-19 vaccines that were intended to be used to vaccinate patients. Even though Sage-Femme was a small midwife practice, the defendant’s fraud turned it into one of the busiest vaccination sites in New York State, outpacing large, state-run vaccination sites.
United States v. Kate Spencer and Ziv Biton
The indictment charges Kate Spencer and Ziv Biton with conspiracy to commit wire fraud and bank fraud, money laundering conspiracy and money laundering. The indictment alleges that Spencer and Biton caused the submission of numerous fraudulent loan applications to the Paycheck Protection Program and the Economic Injury Disaster Loan Program on behalf of purported health care businesses, among others. The applications contained false statements and included falsified documents regarding the purported businesses and the intended use of the loan funds, resulting in the distribution of over $1.7 million in fraudulent loans. The funds were allegedly used for personal expenses, such as purchases of residential properties.
The cases are being prosecuted by Trial Attorneys Patrick J. Campbell and Andrew Estes of the Criminal Division’s Fraud Section.
The charges are allegations and the defendants are presumed innocent unless and until proven guilty.
The Defendants:
SHERILYN PELLITTERI
Age: 41
Somerset, KYE.D.N.Y. Docket No.: 23-CR-113 (RPK)
KATHLEEN BREAULT
Age: 65
Cambridge, NYE.D.N.Y. Docket No. 23-CR-158 (RPK)
KELLY MCDERMOTT
Age: 61
Albany, NYE.D.N.Y. Docket No.: 23-CR-158 (RPK)
KATE SPENCER
Age: 39
North Miami Beach, FLE.D.N.Y. Docket No. 23-CR-145 (HG)
ZIV BITON
Age: 34
North Miami Beach, FLE.D.N.Y. Docket No.: 23-CR-145 (HG)
Two Butte men sentenced to prison for drug trafficking, firearms and money laundering crimesRead the Press Release
MISSOULA — Two Butte men convicted in a large armed drug trafficking operation that brought pounds of methamphetamine and other drugs to the Butte community and laundered proceeds were sentenced today to prison terms, U.S. Attorney Jesse Laslovich said.
Mark Ernest Spani, 65, was sentenced to nine years in prison, to be followed by five years of supervised release, while co-defendant Stanley Roy Vires, 68, was sentenced to seven years in prison, to be followed by five years of supervised release. Both defendants pleaded guilty in 2022 to possession with intent to distribute controlled substances, prohibited person in possession of firearms and ammunition and conspiracy to commit money laundering.
U.S. District Judge Dana L. Christensen presided.
In court documents, the government alleged that law enforcement learned in July 2021 that Spani and Vires were dealing drugs together and purchased meth from Vires through a confidential informant. Law enforcement executed a search warrant on Vires’ residence and recovered approximately five pounds of meth, a little more than one pound of heroin, 26 firearms and cash. In June 2022, law enforcement searched properties owned by Spani and found one pound of meth, cash and numerous firearms.
The government further alleged that Spani was involved in dealing meth, heroin, fentanyl and cocaine, traveled out of state to obtain and bring drugs back to Montana and carried guns while trafficking. When arrested, Spani appeared “to be reaching toward his right-hand side waist area,” which is where a gun was located. Spani had a previous federal felony drug conviction and was prohibited from possessing firearms.
In addition, the government alleged Vires was involved in dealing meth and heroin and that Vires admitted he received a total of about 15 pounds of meth in 2020 and 2021. Fifteen pounds of meth is the equivalent of 54,360 doses. When searching Vires’ vehicle, law enforcement found two loaded firearms. Vires was prohibited from possessing firearms because he had a prior federal conviction for drug trafficking.
The government also alleged Vires and Spani and others conspired to conceal money and used cash proceeds to buy additional drugs, including in Arizona. Vires and others also bought additional assets using drug trafficking proceeds.
Under a forfeiture count, Vires and Spani agreed to forfeit a residence in Butte, approximately 10 acres known as Fleecer View Estates, a 1955 Chevrolet 210 vehicle, a 2013 Harley Davidson Tri Glide Ultra Classic motorcycle, a 2019 Harley Davidson Tri Glide Ultra Classic, a 2021 Chevrolet Silverado K1500 pickup, a 2022 Dodge Ram 3500 Big Horn, a 2011 Montana 5th Wheel and $33,346 in U.S. Currency.
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case, which was investigated by the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Montana Division of Criminal Investigation and Butte Police Department.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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The Justice Department Announces Nationwide Coordinated Law Enforcement Action to Combat COVID-19 Health Care FraudRead the Press Release
SHREVEPORT, La. - United States Attorney Brandon B. Brown joins with the Department of Justice in announcing criminal charges against 18 defendants in 9 federal districts across the United States for their alleged participation in various fraud schemes involving health care services that exploited the COVID-19 pandemic and allegedly resulted in over $490 million in COVID-19 related false billings to federal programs and theft from federally-funded pandemic programs.
In connection with the enforcement action, the department seized over $16 million in cash and other fraud proceeds. The Center for Program Integrity of the Centers for Medicare & Medicaid Services (CPI/CMS) separately announced today that it took adverse administrative actions in the last year against an additional 28 medical providers for their alleged involvement in COVID-19 schemes.
U.S. Attorney Brown announced that Shaquaila Lewis, a/k/a Shaquaila Lewis-Chatman, 35, of Gibsland, Louisiana, was charged in the Western District of Louisiana by indictment with wire fraud and money laundering in connection with an alleged scheme to fraudulently obtain over $1.1 million in funds under the Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL), which were low-interest financing to small businesses, renters and homeowners in regions affected by declared disasters. According to the indictment, Lewis, a registered nurse, caused the submission of numerous fraudulent loan applications that contained false statements regarding a purported business and the intended use of the loan funds. The funds were allegedly used for personal expenses, such as gambling and contracting work on her home. The case is being prosecuted by Assistant Chief Justin M. Woodard of the Gulf Coast Strike Force and Assistant U.S. Attorney Seth D. Reeg of the U.S. Attorney’s Office for the Western District of Louisiana.
“The COVID-19 pandemic brought hardships to many American citizens and those who have chosen to abuse the assistance that was provided is appalling,” said U.S. Attorney Brown. “We will continue to join with our federal and state and local partners to investigate and prosecute any who may have defrauded the government through these programs that were offered to help people.”
“The Justice Department will not tolerate those who exploited the pandemic for personal gain and stole taxpayer dollars,” said Attorney General Merrick B. Garland. “This unprecedented enforcement action against defendants across the country makes clear that the Department is using every available resource to combat and prevent COVID-19 related fraud and safeguard the integrity of taxpayer-funded programs.”
“Today’s announcement marks the largest-ever coordinated law enforcement action in the United States targeting health care fraud schemes that exploit the COVID-19 pandemic,” said Assistant Attorney General Kenneth A. Polite, Jr. “The Criminal Division’s Health Care Fraud Unit and our partners are committed to putting an end to pandemic-related fraud and holding accountable anyone seeking to profit from a public health emergency.”
The announcement today builds on the successes of the April 2022 COVID-19 Enforcement Action and the May 2021 COVID-19 Enforcement Action and involves the prosecution of various COVID-19 health care fraud schemes. In one of the most significant types of COVID-19 health care fraud scheme announced today, multiple defendants were charged with defrauding the Health Resources and Services Administration (HRSA) COVID-19 Uninsured Program.
The announcement also includes first-of-its-kind charges against suppliers of COVID-19 over-the-counter tests, which Medicare began to cover in April 2022 for beneficiaries who requested the tests. These kits were provided to the public to slow the spread of a deadly disease, but wrongdoers allegedly sought to exploit the program by repeatedly supplying patients, or, in some instances, deceased patients, with dozens of COVID-19 tests that they did not want or need.
Charges were also brought under the Health Care Fraud Unit’s Provider Relief Fund (PRF) Initiative. The PRF is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a federal law enacted in March 2020 that provided financial assistance to medical providers to provide needed medical care to Americans suffering from COVID-19.
Today’s enforcement action was led and coordinated by Assistant Chiefs Justin M. Woodard and Debra Jaroslawicz and Trial Attorney D. Keith Clouser of the Criminal Division’s Fraud Section. The Health Care Fraud Unit’s Strike Forces in Brooklyn, the Gulf Coast, Los Angeles, and Tampa; the National Rapid Response Strike Force; and the U.S. Attorneys’ Offices for the Central District of California, Middle District of Florida, Eastern District of Louisiana, Middle District of Louisiana, Western District of Louisiana, Eastern District of New York, District of Puerto Rico, District of Utah, and Western District of Washington are prosecuting these cases, with assistance from the Health Care Fraud Unit’s Data Analytics Team. Descriptions of each case involved in today’s enforcement action are available on the department’s website at www.justice.gov/criminal-fraud/health-care-fraud-unit/2023-case-summaries.
Other agencies involved are the FBI and HHS-OIG, the Small Business Administration Office of Inspector General, Defense Criminal Investigative Service, Internal Revenue Service Criminal Investigation, Treasury Inspector General for Tax Administration, Homeland Security Investigations, Department of Homeland Security Office of Inspector General, Department of Defense Office of Inspector General, AMTRAK Office of Inspector General, California Department of Health Care Services, and other federal and state law enforcement agencies across the nation.
The Health Care Fraud Strike Force is part of a joint initiative between the Department of Justice and HHS to prevent and deter health care fraud and enforce current anti-fraud laws around the country. In the past three years, the Health Care Fraud Strike Force has rooted out health care fraud related to the COVID-19 pandemic. To date, 53 defendants have been charged in nationwide COVID-19 Health Care Fraud Enforcement Actions for causing over $784 million in loss associated with the pandemic, and 20 defendants have been convicted.
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.
The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity. To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at: https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.
An indictment, complaint, or information is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Ten Members of Bronx Gang “Dub City” Charged with Racketeering and Multiple Gang-Related ShootingsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Ivan J. Arvelo, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), and Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging BRUCE SILVA, a/k/a “Brucie,” BRUCE MELVIN, a/k/a “BG,” JORDAN BENNETT a/k/a “Billy Bandz,” a/k/a “J Bills,” ELIJAH POUGH, a/k/a “Eli,” SHADELL MCBRIDE, a/k/a “Deli,” JUSTIN BALLESTER, a/k/a “J-Gunz,” ALZUBAIR SALEH, a/k/a “Sammy,” GIOVANNI RODRIGUEZ, a/k/a “Karrot,” GABRIEL VALDEZ, a/k/a “Wolf,” and EMMANUEL PEREZ, a/k/a “Manny,” a/k/a “Haven,” with racketeering conspiracy, narcotics conspiracy, firearms charges, and other crimes related to their membership in “Dub City,” a street gang based in the Bronx, New York. SILVA, MELVIN, POUGH, and MCBRIDE are also charged with attempted murder and assault with a deadly weapon in aid of racketeering in connection with their participation in multiple shootings in the Bronx. The case is assigned to United States District Judge Lorna G. Schofield.
SILVA and MCBRIDE are currently in federal custody in connection with related federal charges. VALDEZ is in state custody. MELVIN, BENNETT, POUGH, SALEH, RODRIGUEZ, and PEREZ were arrested this morning in the Bronx and are expected to be presented later today before Magistrate Judge Jennifer E. Willis. BALLESTER is currently at large.
U.S. Attorney Damian Williams said: “As alleged, over a span of several years, the members of the Dub City Gang enriched themselves through repeated frauds, poured drugs into the Bronx, carried firearms, and terrorized Bronx neighborhoods by repeatedly shooting at other people. Through these charges, we will hold Dub City members responsible for their gun violence and other criminal activity that makes our communities less safe for innocent residents.”
HSI Special Agent in Charge Ivan J. Arvelo said: “As laid out in this indictment, these ten individuals engaged in a variety of violent crimes that terrorized the community in furtherance of their Dub City gang enterprise. Their alleged crimes include robberies, narcotics distribution, racketeering, attempted murder, assault with a dangerous weapon, and eight shootings, one of which radically changed an innocent bystander’s life by permanently paralyzing the individual. This is yet another example of HSI’s commitment to a continued collaboration with the New York City Police Department to ensure a safer community.”
NYPD Commissioner Keechant L. Sewell said: “Today’s charges highlight the commitment of the NYPD and our law enforcement partners to identify, arrest, and prosecute anyone who takes part in illegal gang activities. This indictment is another step toward making New York City safer for all the people we serve by ridding our streets of violence and fear. I thank and commend our NYPD detectives, the HSI investigators, and everyone from the office of the U.S. Attorney for the Southern District for their tireless efforts on this important case.”
According to the allegations in the Indictment and court filings:[1]
The “Dub City” gang is a criminal organization based in the Mt. Hope and Morris Heights sections of the Bronx, New York. A map of Dub City’s territory is below:
Since at least 2019, gang members sold drugs, committed robberies, committed financial frauds, used guns, and committed numerous acts of violence in furtherance of the Dub City Gang, including shootings against members of rival gangs and against other Dub City gang members. The violence committed by the defendants included shootings where innocent bystanders were hit, in one case causing permanent paralysis.
The following chart contains the dates of the charged shootings and the defendants charged in connection with those shootings:
Date of Shooting
Defendant(s)
August 13, 2019
BRUCE SILVA, a/k/a “Brucie”
March 16, 2021
ELIJAH POUGH, a/k/a “Eli”
June 2, 2021
BRUCE MELVIN, a/k/a “BG”
May 9, 2021
BRUCE SILVA, a/k/a “Brucie,” and BRUCE MELVIN, a/k/a “BG”
August 12, 2021
ELIJAH POUGH, a/k/a “Eli”
October 13, 2021
BRUCE SILVA, a/k/a “Brucie,” and JORDAN BENNETT a/k/a “Billy Bandz,” a/k/a “J Bills”[2]
May 9, 2022
BRUCE MELVIN, a/k/a “BG”
June 20, 2022
SHADELL MCBRIDE, a/k/a “Deli”
The following photographs depict Dub City members SILVA, MELVIN, and POUGH firing their weapons at rival gang members on Bronx streets:
* * *
A chart containing the names of the defendants who are charged today, the charges, and minimum and maximum penalties they face is below. All of the defendants are residents of the Bronx, New York.
The statutory minimum and maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by a judge.
Mr. Williams praised the outstanding investigative work of the NYPD and HSI and thanked the Bronx County District Attorney’s Office for its assistance.
This case is being handled by the Office’s Violent & Organized Crime Unit. Assistant U.S. Attorneys Michael R. Herman, Matthew J. King, Jacob R. Fiddelman, and Mathew Andrews are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Defendant
Age
Charges
Minimum and Maximum Penalties
BRUCE SILVA, a/k/a “Brucie,”
28
Racketeering Conspiracy
Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering
Narcotics conspiracy
Use, brandishing, and discharge of a firearm in connection with a violent crime and a drug trafficking crime
Use and possession of a firearm in connection with a drug trafficking crime
Maximum: Life in prison
Minimum: 35 years in prison, which must be consecutive to any other term imposed
BRUCE MELVIN, a/k/a “BG,”
25
Racketeering Conspiracy
Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering
Narcotics conspiracy
Use, brandishing, and discharge of a firearm in connection with a violent crime and a drug trafficking crime
Use and possession of a firearm in connection with a drug trafficking crime
Maximum: Life in prison
Minimum: 35 years in prison, which must be consecutive to any other term imposed
JORDAN BENNETT a/k/a “Billy Bandz,” a/k/a “J Bills,”
30
Racketeering Conspiracy
Accessory After the Fact to Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering
Narcotics conspiracy
Use and possession of a firearm in connection with a drug trafficking crime
Maximum: Life in prison
Minimum: Five years in prison, which must be consecutive to any other term imposed
ELIJAH POUGH, a/k/a “Eli,”
28
Racketeering Conspiracy
Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering
Narcotics conspiracy
Use, brandishing, and discharge of a firearm in connection with a violent crime and a drug trafficking crime
Use and possession of a firearm in connection with a drug trafficking crime
Maximum: Life in prison
Minimum: 25 years in prison, which must be consecutive to any other term imposed
SHADELL MCBRIDE, a/k/a “Deli,”
29
Racketeering Conspiracy
Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering
Narcotics conspiracy
Use, brandishing, and discharge of a firearm in connection with a violent crime and a drug trafficking crime
Use and possession of a firearm in connection with a drug trafficking crime
Maximum: Life in prison
Minimum: 15 years in prison, which must be consecutive to any other term imposed
JUSTIN BALLESTER, a/k/a “J-Gunz,”
29
Racketeering Conspiracy
Narcotics conspiracy
Use and possession of a firearm in connection with a drug trafficking crime
Maximum: Life in prison
Minimum: Five years in prison, which must be consecutive to any other term imposed
ALZUBAIR SALEH, a/k/a “Sammy,”
33
Racketeering Conspiracy
Narcotics conspiracy
Use and possession of a firearm in connection with a drug trafficking crime
Maximum: Life in prison
Minimum: Five years in prison, which must be consecutive to any other term imposed
GIOVANNI RODRIGUEZ, a/k/a “Karrot,”
25
Racketeering Conspiracy
Narcotics conspiracy
Use and possession of a firearm in connection with a drug trafficking crime
Maximum: Life in prison
Minimum: Five years in prison, which must be consecutive to any other term imposed
GABRIEL VALDEZ, a/k/a “Wolf,”
25
Racketeering Conspiracy
Narcotics conspiracy
Use and possession of a firearm in connection with a drug trafficking crime
Maximum: Life in prison
Minimum: Five years in prison, which must be consecutive to any other term imposed
EMMANUEL PEREZ, a/k/a “Manny,” a/k/a “Haven,”
24
Racketeering Conspiracy
Narcotics conspiracy
Use and possession of a firearm in connection with a drug trafficking crime
Maximum: Life in prison
Minimum: Five years in prison, which must be consecutive to any other term imposed
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
[2] BENNETT is charged with being an accessory after the fact to this shooting.
Taos Man Sentenced to 9 Years for Kidnapping and Domestic ViolenceRead 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 Richard Mascarenas was sentenced to 9 years in prison. Mascarenas, 38, of Taos Pueblo, and an enrolled member of the Pueblo of Taos, pleaded guilty on Jan. 13 to one count each of kidnapping, assault resulting in serious bodily injury, and assault of an intimate partner by strangling and suffocating. Upon his release from prison, Mascarenas will be subject to 5 years of supervised release.
According to the plea agreement and other court records, over a two-week period from April 17, 2022, to May 4, 2022, Mascarenas assaulted the victim, identified as Jane Doe, and held her against her will at a residence in Taos Pueblo. In his plea, Mascarenas admitted that he would not allow Doe to leave, contact her family, or report the assaults because he did not want anyone to know how severely he had hurt her. Mascarenas locked Doe within the residence, hid the keys to the vehicles, and kept the gate to the property locked. On May 4, Doe’s brother contacted Taos Police and requested a welfare check, leading police to discover the ongoing kidnapping and assault. As a result of the assault, Doe suffered numerous serious injuries, including a stroke. Despite her injuries, Doe’s prognosis for recovery is good and she is residing with family.
The Santa Fe Resident Agency of the FBI Albuquerque Field Office and the Taos Pueblo Department of Public Safety investigated this case. Assistant United States Attorney Alexander F. Flores is prosecuting the case.
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