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Tuesday 18 April 2023
Manchester Man Pleads Guilty to Stealing More Than $165,500 in a Series of RobberiesRead the Press Release
CONCORD – A Manchester man pleaded guilty in federal court to a bank robbery and Hobbs Act robberies in connection with four gas stations in New Hampshire, U.S. Attorney Jane E. Young announces.
Hector Rivera Ayala, 34, pleaded guilty to four counts of Hobbs Act robbery and one count of bank robbery. U.S. District Court Judge Elliott scheduled sentencing for August 1, 2023. Rivera Ayala was charged on May 14, 2021.
In December 2019, Rivera Ayala robbed four gas stations and one bank in Manchester, including Rapid Refill on Second Street; Brother’s Express Gas Station on Union Street; Shell Gas Station on Eddy Road; Shell Gas Station on Hanover Street; and the Bank of New England on Elm Street. Each robbery was captured on video surveillance. For each robbery, the defendant entered the gas station and bank with his face partially obscured and carrying what appeared to be a firearm. Investigators recovered a shawl and a BB gun from the crime scene of one gas station. The defendant’s DNA was found on the shawl. In total, the defendant stole more than $5,500 from the gas stations and more than $160,000 from the bank.
The charging statute provides a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
The Federal Bureau of Investigation and the Manchester Police Department led the investigation. Assistant U.S. Attorney Matthew T. Hunter is prosecuting the case.
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Man Convicted of Child Abuse Resulting in Death and Voluntary ManslaughterRead the Press Release
A federal jury convicted an Oklahoma man on April 10 for the death of his daughter in Indian Country.
According to court documents and evidence presented at trial, Devin Warren Sizemore, 28, of McAlester, drowned his 21-month-old daughter. Sizemore was estranged from the child’s mother when he took the child for a visit. When he did not return the child and did not return to his residence, law enforcement was notified. Officers located Sizemore at a barn near a pond, where they confronted him and realized the child was face down in the pond. Sizemore admitted he “baptized” the victim and held her under water for approximately 30 seconds.
The Department of Justice’s Criminal Division and U.S. Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant and victim in this case are members of a federally recognized Indian tribe and the crimes occurred in Pittsburg County, within the boundaries of the Choctaw Nation Reservation and within the Eastern District of Oklahoma.
Sizemore was convicted of child abuse resulting in death and voluntary manslaughter and will be sentenced at a later date. Sizemore faces a maximum penalty of life in prison for the child abuse resulting in death charge and 15 years in prison for the voluntary manslaughter charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Christopher J. Wilson for the Eastern District of Oklahoma, and Special Agent in Charge Edward J. Gray of the FBI Oklahoma City Field Office made the announcement.
The FBI, Oklahoma Bureau of Investigation, McAlester Police Department, Krebs Police Department, and Pittsburg County Sheriff’s Office investigated the case.
Trial Attorneys Lisa K. Man and Gerald A. A. Collins of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case, with assistance from the U.S. Attorney’s Office for the Eastern District of Oklahoma and the District 18 (Pittsburg and Haskell Counties) District Attorney’s Office.
Los Angeles man, arrested with guns and drugs in stolen RV at Washington State park, sentenced to 10+ years in prisonRead the Press Release
Tacoma – A 45-year-old Los Angeles man was sentenced late yesterday in U.S. District Court in Tacoma to 126 months in prison for conspiracy to distribute methamphetamine, announced U.S. Attorney Nick Brown. Anthony Morales was arrested in May 2021 and pleaded guilty in November 2022. At the sentencing hearing, U.S. District Judge Benjamin H. Settle imposed five years of supervised release to follow prison.
According to records filed in the case, Morales conspired with others to use a stolen RV to transport and sell methamphetamine and other drugs. Morales was arrested in the stolen RV in Grayland Beach State Park. Inside the RV was more than a kilo of methamphetamine, counterfeit M30 pills containing fentanyl, five firearms, assorted ammunition, and high-capacity firearm magazines. Law enforcement also recovered $24,000 in cash. Morales also had a number of identity theft related documents – drivers licenses, Social Security cards in other names, a passport, checkbooks and credit cards in other names, as well as a credit card magnetic stripe reader/writer.
Morales has eleven previous convictions as an adult for crimes such as possession of controlled substances, firearms possession, theft, and identity fraud offenses. He has been sentenced to prison for terms ranging from two years to 32 months. Prosecutors recommended an 11-year prison term for this federal offense.
The case was investigated by the Drug Enforcement Administration (DEA), the Joint Narcotics Enforcement Task Force (JNET), comprised of officers with the Lewis County Sheriff’s Office, Centralia Police Department and the Washington State Department of Corrections, and the Grays Harbor Drug Task Force.
The case was prosecuted by Assistant United States Attorney Max Shiner.
Los Angeles Man Arrested on Complaint Alleging He Robbed 31 Gas Stations and Stores and Carjacked Two Motorists in Crime SpreeRead the Press Release
SANTA ANA, California – A Los Angeles man has been arrested on a federal criminal complaint alleging he committed armed robberies at Southern California convenience stores and gas stations during a 3½-week crime spree in which he also committed two carjackings, the Justice Department announced today.
Namir Malik Ali Greene, 23, was arrested Monday and is charged with interference with commerce by robbery (Hobbs Act). At a brief court appearance this afternoon in United States District Court in Santa Ana, Greene was ordered held in federal custody until a detention hearing scheduled for Thursday.
According to the complaint filed today, Greene committed 31 robberies or attempted robberies of gas stations and convenience stores and at least two carjackings in Los Angeles and Orange counties from March 21 to April 15. During the robberies, Greene allegedly brandished a firearm at the station and store employees, threatening to shoot them if they did not retrieve money for him from the cash register.
For example, the complaint affidavit alleges, on April 4, Greene robbed eight gas station convenience stores and attempted to rob one more. During each robbery, Greene allegedly pointed a black semi-automatic handgun at the store clerk and demanded money from the cash register. On that day, Greene stole at least $2,554 from gas station stores in Hermosa Beach, Marina del Rey, Long Beach, Pico Rivera, Whittier, Montebello, Santa Monica, and Los Angeles’ Mid-City neighborhood, according to the affidavit.
In total, Greene allegedly stole at least $15,360 in cash during his robbery spree and primarily targeted stores in Los Angeles County. He also allegedly carjacked a motorist at a Fullerton gas station on March 21 and he allegedly robbed an Anaheim gas station on April 15. Approximately 90 minutes prior to the Anaheim robbery, Greene allegedly carjacked a victim in Los Angeles and used the victim’s Honda Accord as his robbery getaway car.
Two days later, law enforcement located the stolen Honda Accord in Ontario and initiated a traffic stop. Greene instead tried to escape, and a vehicle pursuit ensued, with Greene eventually losing control of the car, colliding with a curb, and disabling the vehicle, according to the affidavit. Greene allegedly fled the disabled Honda Accord on foot and was apprehended shortly afterward by law enforcement, who took him into custody.
Greene was identified from security camera footage, eyewitness testimony, his tattoos, his jewelry, and photographs in his Instagram account, according to the affidavit.
A complaint contains allegations that a defendant committed a crime. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
If convicted of the Hobbs Act robbery charge, Greene would face a statutory maximum sentence of 20 years in federal prison.
The Bureau of Alcohol, Tobacco, Firearms and Explosives’ Orange County Violent Crime Task Force (OCVCTF) investigated this matter, with assistance from the Los Angeles Police Department’s Robbery Homicide Division and the Ontario Police Department. The OCVCTF is comprised of federal and local law enforcement agencies, including, but not limited to, the ATF, the Brea Police Department, the Santa Ana Police Department, the Orange County District Attorney’s Office, and the Fullerton Police Department.
Assistant United States Attorney Jeffrey M. Chemerinsky, Chief of the Violent and Organized Crime Section, is prosecuting this case.
Las Vegas Man Sentenced to Prison for Firearms OffenseRead the Press Release
LAS VEGAS – A Las Vegas resident with prior felony convictions was sentenced today by U.S. District Judge Andrew P. Gordon to 78 months in prison for unlawful possession of multiple firearms and ammunition.
Lorenzo Lindsey (28) pleaded guilty in September 2020 to felon in possession of a firearm.
According to court documents and admissions made by Lindsey, on November 16, 2018, he possessed three 9mm firearms and 100 rounds of ammunition while he was in a gun store. From June 2018 to January 2019, he possessed a 9mm firearm and ammunition at his residence. He had previously fired the 9mm at an indoor shooting range. Lindsey has at least three felony convictions, and he is prohibited by law from possessing a firearm and ammunition.
United States Attorney Jason M. Frierson for the District of Nevada and Acting Special Agent in Charge Joshua Jackson for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) made the announcement.
This case was investigated by the ATF. Assistant United States Attorney Edward Veronda prosecuted the case.
If you have information about illegal firearms activity, submit a tip to ATF by calling the hotline at 1-800-ATF-GUNS (1-800-283-4867) or through the ReportIt mobile app.
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Laguna Man Charged with Kidnapping, Assault in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Bret Anthony Vallo was arraigned on an indictment charging him with kidnapping, assault of an intimate partner by strangling, and assault with a dangerous weapon. Vallo, 31, of Laguna, and a member of the Laguna Pueblo Tribal, will remain on conditions of release pending trial, which has not been scheduled.
A federal grand jury indicted Vallo on June 15, 2022. According to the indictment and other court records, on March 21, 2019, kidnapped his intimate partner, identified as Jane Doe, by unlawfully confining her. On May 30, 2019, Vallo assaulted Doe by strangling and suffocating her, then, between July 1 and July 15, 2019, Vallo assault Doe with a dangerous weapon, specifically, a metal bar, with the intent to cause her bodily harm.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Vallo faces 151 months in prison.
The Bureau of Indian Affairs investigated this case with assistance from the Pueblo of Acoma Police Department. Assistant United States Attorney Robert James Booth II is prosecuting the case.
Kyle Hendrickson Scheduled for Initial Appearance in Federal Court TodayRead the Press Release
CONCORD – Kyle Hendrickson, 25, will appear before Magistrate Judge Andrea K. Johnstone for an initial appearance in federal court today, April 18, 2023, at 3:00 p.m. in connection with his alleged threat to the Portsmouth High School on April 12, 2023, U.S. Attorney Jane E. Young announces.
Hendrickson was charged with transmitting in interstate commerce a threat to injure the person of another on April 14, 2023. He was arrested on April 13, 2023 on state charges, and transferred into federal custody this morning.
According to the charging documents, Hendrickson posted a video to his SnapChat account on Wednesday, April 12, 2023, in which he brandished a handgun while in a vehicle outside of the Portsmouth High School. The video includes a text overlay that reads “imma shoot up the school.” School surveillance footage placed Hendrickson’s vehicle outside the high school at the time of the video. Law enforcement recovered an AR-15 rifle, a shotgun, camouflage body armor, a handgun holster, a red-dot sight, and numerous rounds of ammunition from Hendrickson’s vehicle. A handgun that resembles the one used in the SnapChat video was also recovered near a motel where Hendrickson had stayed on April 12, 2023.
The charge provides for a sentence of up to five years in prison, up to three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
The Federal Bureau of Investigation, Boston Division, and the Portsmouth Police Department led the investigation. The Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Somersworth Police Department, the Portland (Maine) Police Department, and the Berwick (Maine) Police Department provided valuable assistance. Assistant U.S. Attorney Charles L. Rombeau is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Kanawha County Man Sentenced to Prison for Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Christopher Stephen Taylor, 52, of St. Albans, was sentenced today to six years and six months in prison, to be followed by 15 years of supervised release, for possession of prepubescent child pornography. Taylor must also register as a sex offender.
According to court documents and statements made in court, on May 19, 2022, Taylor attempted to print images depicting prepubescent child pornography from two compact disks he brought to the self-service photo kiosk of a St. Albans pharmacy. Taylor was unable to obtain the prints and left the store. A pharmacy employee found the child pornography uploaded to the kiosk and contacted law enforcement.
Taylor admitted to possessing 1,769 images and videos of prepubescent child pornography. Many of the children in the images were under the age of 12. Several of the images depict children subjected to sadistic or masochistic conduct. Taylor admitted that one of the images depicts an adult male sexually assaulting a prepubescent girl.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the St. Albans Police Department, and the West Virginia State Police Internet Crimes Against Children (ICAC) Task Force.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Julie M. White prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-181.
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Justice Department Secures Agreement with General Motors and Announces a New Resource to Help Employers Avoid Immigration-Related Discrimination When Complying with Export Control LawsRead the Press Release
Note: View the Spanish version of the release here.
The Justice Department announced today that it has secured a settlement agreement with General Motors (GM) to resolve the department’s determination that GM discriminated against non-U.S. citizens in violation of the Immigration and Nationality Act (INA). The department also announced the release of a new fact sheet to help employers avoid citizenship status discrimination when complying with export control laws, which govern U.S. companies’ ability to export certain goods and software, technology and technical data. The department’s investigation of GM revealed that the company’s violations stemmed in part from its failure to properly consider the INA’s nondiscrimination requirements when also complying with export control laws.
“Export control laws do not justify or authorize an employer to discriminate against non-U.S. citizens in violation of the Immigration and Nationality Act,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When employers commit unlawful discrimination, the Civil Rights Division will continue holding them accountable. The Civil Rights Division is issuing a new fact sheet to help educate employers and promote greater compliance with anti-discrimination law going forward.”
Under export control laws and regulations, such as the International Traffic in Arms Regulations and the Export Administration Regulations, all “U.S. persons” working at U.S. companies can access export-controlled items without authorization from the U.S. government. U.S. persons under these laws include U.S. citizens, U.S. nationals, lawful permanent residents, refugees and asylees. An employer might need authorization from the State Department or the Commerce Department to share or release export-controlled items to workers who are not U.S. persons. To confirm if an employer needs to request authorization for an employee to access export-controlled information, the employer might need to obtain a worker’s citizenship or immigration status information to determine whether they are a “U.S. person.” This process is referred to as an “export compliance assessment.”
The department’s investigation determined that until at least September 2021, GM’s export compliance assessments unnecessarily required lawful permanent residents to provide an unexpired foreign passport as a condition of employment, imposing a discriminatory barrier on them in the hiring process. From at least July 2019 until May 2021, GM improperly combined its process for verifying workers’ permission to work in the United States with its export compliance assessment, which resulted in GM unnecessarily requiring that newly hired non-U.S. citizens provide specific and unnecessary documents to prove their permission to work.
Under the terms of the agreement, GM will pay $365,000 in civil penalties to the United States. The agreement also requires GM to train its personnel on the INA’s requirements, revise its employment policies and be subject to departmental monitoring and reporting requirements. Specifically, GM must separate its process to verify permission to work in the United States from its export compliance assessment process, and stop requiring lawful permanent residents to present foreign passports as a condition of employment.
The INA’s anti-discrimination provision generally prohibits employers from discriminating based on citizenship, immigration status or national origin during the hiring process, including by imposing unnecessary documentary demands as a condition of employment. This law also prohibits employers from asking for more documents than necessary or specific documents when checking an employee’s permission to work because of citizenship, immigration status or national origin. Federal law allows workers to choose which valid, legally acceptable documentation to present to demonstrate their identity and permission to work, regardless of citizenship, immigration status or national origin. As explained in the fact sheet issued today, these employer obligations do not change when complying with export-control laws and regulations.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute generally prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Find more information on how employers can avoid discrimination when complying with export control requirements on IER’s website. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe for email updates from IER.
Johnstown Man Sentenced to 15 Months in Prison and 3 Years of Supervised Release for Distributing Crack-CocaineRead the Press Release
JOHNSTOWN, Pa. – A former resident of Johnstown, PA, has been sentenced in federal court to a total of 15 months in prison followed by 3 years of supervised release on his conviction of distributing crack-cocaine, Acting United States Attorney Troy Rivetti announced today.
Senior United States District Judge Kim R. Gibson imposed the sentence on Damian Jeffers, age 52, of Johnstown, Pennsylvania.
According to information presented to the court, on or about October 4, 2021, October 20, 2021, and October 28, 2021, Jeffers was found to distribute less than 28 grams of a mixture and substance containing a detectable amount of cocaine base, in the form commonly known as crack.
Assistant United States Attorney Maureen Sheehan-Balchon prosecuted this case on behalf of the government.
Mr. Rivetti commended the Federal Bureau of Investigation, Cambria County Drug Task Force, and the FBI Safe Streets Task Force for the investigation that led to the successful prosecution of Jeffers.
Jackson Man Sentenced to over 11 Years in Federal Prison for Armed CarjackingRead the Press Release
Jackson, Miss. – A Jackson man was sentenced to serve 57 months for carjacking and 84 months for brandishing a firearm in relation to a crime of violence, for a total of 141 months in federal prison, announced U.S. Attorney Darren LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to court documents, David Demazzio Tyler, 32, carjacked an 81-year-old victim at gunpoint in Clinton, Mississippi, on December 2, 2021. Tyler pled guilty to the armed carjacking on January 5, 2023.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Clinton Police Department, and the Jackson Police Department.
Assistant United States Attorney Jessica S. Terrill prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
International Business Organizations Convicted of Criminal Conspiracy to Violate Iranian SanctionsRead the Press Release
Two international business organizations pleaded guilty and were sentenced today in the United States District Court for the District of Columbia for their participation in a criminal conspiracy to violate U.S. export laws and sanctions by sending U.S.-origin goods to Iran.
Taiwan business organization DES International Co. Ltd. (DES), and Brunei business organization Soltech Industry Co. Ltd. (Soltech) each pleaded guilty to conspiring to defraud the United States and to violate the International Emergency Economic Powers Act and the Iranian Transactions and Sanctions Regulations. The two companies were each sentenced to pay a fine of $83,769, which is three times the value of the goods unlawfully exported to Iran, and to serve a five-year term of corporate probation. The sentences were issued by U.S. District Judge Jia M. Cobb.
“The defendant companies, which shared common directors and employees, have pled guilty to obtaining U.S. export-controlled goods for the benefit of the government of Iran and concealing the US origin of those good to facilitate their illicit transfer,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Today we are holding them accountable for violating our laws at the expense of U.S. national security.”
“These criminal convictions demonstrate that we will pursue any individual or organization, wherever located, that would violate our sanctions against Iran and thereby threaten our national security,” said U.S. Attorney Matthew Graves for the District of Columbia.
“HSI will continue to work with our federal and international law enforcement partners to ensure offenders who are violating U.S. export laws and sanctions are brought to justice,” said Acting Special Agent in Charge Craig Larrabee of HSI San Antonio. “We will remain steadfast in our commitment to protect our homeland from all adversaries.
“The defendants in this case took actions that placed profit and economic gain above U.S. national security and global stability,” said Special Agent in Charge Oliver E. Rich Jr. of the FBI San Antonio Field Office. “Today’s sentencing demonstrates the unwavering commitment of the FBI, U.S. Attorney’s Office, Department of Homeland Security, Department of Defence and Department of Commerce (DOC) to hold accountable anyone who would threaten U.S. national security and the safety of the American people.”
“Keeping our nation's sensitive technologies out of the hands of our adversaries is one of our highest priorities,” said Special Agent in Charge Michael Mentavlos of the Defense Criminal Investigative Service (DCIS) Southwest Field Office. “DCIS, the law enforcement arm of the Department of Defense Office of Inspector General and our federal partners are committed to identifying and holding accountable those that seek to evade U.S. export enforcement laws, putting our war fighters at risk.”
“The Bureau of Industry and Security (BIS)’s aggressive enforcement of the Export Administration Regulations plays a critical role in protecting U.S. national security,” said Special Agent in Charge Trey McClish of the DOC. “In this instance, our partnership with HSI, DCIS, FBI and the U.S. Attorney’s Office sends the message that violating U.S. export control rules on Iran will not be tolerated.”
According to the plea agreement documents, DES and Soltech, which were affiliatd with one another by virtue of common directors, employees and customers, both procured goods from the United States for the benefit of Iranian government entities and business organizations. In particular, a sales agent for both DES and Soltech helped an Iranian research center obtain U.S. goods without a license from the Department of the Treasury. These goods included a power amplifier designed for use in electromechanical devices as well as cybersecurity software. The companies’ sales agent took steps to conceal the U.S. origin of the goods, including by removing serial number stickers with the phrase “Made in USA” from packages, and by causing the cybersecurity software to be downloaded onto a computer outside of Iran. In addition, the sales agent shared developments regarding this illegal conduct with other employees and directors of DES and Soltech. An arrest warrant issued for the sales agent has not yet been executed.
The FBI San Antonio Field Office, HSI, DCIS and DOC investigated the case.
Assistant U.S. Attorney Michael J. Friedman for the District of Columbia and Trial Attorney Christopher M. Rigali of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
International Business Organizations Convicted of Criminal Conspiracy to Violate Iranian SanctionsRead the Press Release
WASHINGTON – Two international business organizations pleaded guilty and were sentenced today in the United States District Court for the District of Columbia for their participation in a criminal conspiracy to violate U.S. export laws and sanctions by sending U.S.-origin goods to Iran.
Taiwan business organization DES International Co., Ltd. (“DES”), and Brunei business organization Soltech Industry Co., Ltd. (“Soltech”), each pleaded guilty to conspiring to defraud the United States and to violate the International Emergency Economic Powers Act and the Iranian Transactions and Sanctions Regulations. The two companies were each sentenced to pay a fine of $83,769, which is three times the value of the goods unlawfully exported to Iran, and to serve a five-year term of corporate probation. The sentences were handed down by United States District Judge Jia M. Cobb.
The announcement was made by U.S. Attorney for the District of Columbia Matthew M. Graves; Assistant Attorney General of the National Security Division Matthew G. Olsen; Special Agent in Charge Oliver E. Rich, Jr., of the Federal Bureau of Investigation’s (FBI) San Antonio Field Office; Acting Special Agent in Charge Craig Larrabee, of the San Antonio, Texas, Field Office of Homeland Security Investigations at the Department of Homeland Security Investigations (HSI); Special Agent in Charge Michael Mentavlos, of the Southwest Field Office of the Defense Criminal Investigative Service of the Department of Defense (DCIS); and Special Agent in Charge Trey McClish, of the Dallas Field Office of the Department of Commerce, Office of Export Enforcement (DOC).
“We will pursue individuals and organizations, wherever located, who would threaten our national security by attempting to illegally resell U.S. origin goods to Iran,” said U.S. Attorney Graves. “The U.S. government has many avenues to hold those who break our sanctions and export control laws accountable and will ensure that the penalties for these crimes will be substantially greater than the anticipated profit from these schemes. We thank all of our law enforcement partners for their unwavering commitment to this effort.”
“The defendant companies, which shared common directors and employees, have pled guilty to obtaining US export-controlled goods for the benefit of the government of Iran and concealing the US origin of those good to facilitate their illicit transfer,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Today we are holding them accountable for violating our laws at the expense of US national security.”
“The defendants in this case took actions that placed profit and economic gain above U.S. national security and global stability,” said FBI San Antonio Division Special Agent in Charge Oliver E. Rich Jr. “Today’s sentencing demonstrates the unwavering commitment of the FBI, U.S. Attorney’s Office, Department of Homeland Security, Department of Defense and Department of Commerce to hold accountable anyone who would threaten U.S. national security and the safety of the American people.”
“HSI will continue to work with our federal and international law enforcement partners to ensure offenders who are violating U.S. export laws and sanctions are brought to justice,” said Acting Special Agent in Charge Craig Larrabee, HSI San Antonio. “We will remain steadfast in our commitment to protect our homeland from all adversaries.
“Keeping our nation's sensitive technologies out of the hands of our adversaries is one of our highest priorities," said Special Agent in Charge Mentavlos, Defense Criminal Investigative Service (DCIS), Southwest Field Office. “DCIS, the law enforcement arm of the Department of Defense Office of Inspector General, and our federal partners are committed to identifying and holding accountable those that seek to evade U.S. export enforcement laws, putting our warfighters at risk.”
“BIS’s aggressive enforcement of the Export Administration Regulations plays a critical role in protecting U.S. national security,” said Special Agent in Charge Trey McClish. Dallas Field Office of the Department of Commerce, Office of Export Enforcement “In this instance, our partnership with HSI, DCIS, FBI, and the U.S. Attorney’s Office sends the message that violating U.S. export control rules on Iran will not be tolerated.”
According to the plea agreement documents, DES and Soltech, which were affiliated with one another by virtue of common directors, employees, and customers, both procured goods from the United States for the benefit of Iranian government entities and business organizations. In particular, a sales agent for both DES and Soltech helped an Iranian research center obtain U.S. goods without a license from the Department of the Treasury. These goods included a power amplifier designed for use in electromechanical devices as well as cybersecurity software. The companies’ sales agent took steps to conceal the U.S. origin of the goods, including by removing serial number stickers with the phrase “Made in USA” from packages, and by causing the cybersecurity software to be downloaded onto a computer outside of Iran. In addition, the sales agent shared developments regarding this illegal conduct with other employees and directors of DES and Soltech. An arrest warrant issued for the sales agent has not yet been executed.
The investigation was conducted by the FBI’s San Antonio, Texas, Field Office, HSI, DCIS, and DOC. Assistant U.S. Attorney Michael J. Friedman and National Security Division Trial Attorney Christopher M. Rigali are representing the United States.
Indian National Pleads Guilty to Money Laundering Conspiracy Based in Wray, ColoradoRead the Press Release
Denver – The United States Attorney’s Office for the District of Colorado announces that Dhruv Jani, age 40, formerly of Wray, Colorado, pleaded guilty today to conspiring to commit money laundering.
According to the plea agreement, starting in January 2020, Jani was part of a conspiracy to launder funds obtained from a government official imposter scheme. Victims in the United States were contacted by telephone and coerced into believing they were under investigation by “Agents” of federal law enforcement agencies (the FBI, SSA, DHS, Treasury, or U.S. Drug Enforcement Administration). Victims were told that their identities had been connected to a criminal incident, that their imminent arrest and/or deportation from the United States had been ordered by law enforcement, and that the only way to avoid arrest and or deportation was to pay the “Government” large sums of money. In a typical scenario, the “Agent” instructed the victim to remain on the phone for the duration of the call while the victim traveled to their bank to withdraw cash. The “Agent” then convinced the victim to package and ship the cash to alleged government officials via Federal Express or United Parcel Service.
The government contends that fifty-seven victims mailed, or attempted to mail, approximately $1.6 million to Jani and his conspirators in Colorado. Many of these same victims were also directed to mail packages of cash and gift cards to individuals in other states. All told, the government contends that the victims who sent money and gift cards to Colorado and to other states are out approximately $7.2 million from the government imposter scheme.
United States District Court Judge Raymond P. Moore is scheduled to sentence Jani on October 6, 2023.
This investigation is being conducted jointly with investigators from the Social Security Administration (SSA) Office of Inspector General (OIG), United States Postal Inspection Service, Department of Homeland Security-OIG, Homeland Security Investigations (HSI), and the Sterling, Colorado Police Department. The District Attorney for the 13th Judicial District has also provided assistance. This case is being prosecuted by Assistant U.S. Attorneys Martha A. Paluch and Laura B. Hurd.
Case number: 22-cr-202
Illinois Man Sentenced to over Seven Years in Prison for Illegally Possessing a FirearmRead the Press Release
A man who illegally possessed a firearm was sentenced to over seven years in prison on April 17, 2023, in federal court in Cedar Rapids, Iowa.
Kayne Russell Donath, age 23, from East Dubuque, Illinois, was convicted of possession of a firearm by a felon.
At sentencing, the Court found that Donath received a ride from an individual in the community who was providing him a personal ride-sharing service. During this service, Donath revealed his possession of a firearm. After the individual was pulled over by law enforcement, officers discovered Donath had a warrant for his arrest. The Court found that Donath pulled down the gear shifter and forced the individual to elude law enforcement. Donath assaulted the individual with the firearm during the high-speed chase. Officers recovered the firearm after it was discarded in a nearby alley. The Court also found that Donath had previously committed assaults against law enforcement and another individual.
Sentencing was held before United States District Court Judge C.J. Williams. Donath was sentenced to serve 90 months’ imprisonment and must serve a three‑year term of supervised release following his term of incarceration. There is no parole in the federal system. Donath remains in the custody of the United States Marshal until he can be transported to federal prison.
The case was prosecuted by Assistant United States Attorney Jason Dorval Norwood and was investigated by the City of Dubuque Police Department’s Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
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.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-1028.
Follow us on Twitter @USAO_NDIA.
Home Confinement Compliance Supervisor Sentenced to Prison Term for Sexually Abusing InmateRead the Press Release
MIAMI — A 60-year-0ld Miami man in charge of monitoring the compliance of federal inmates in home confinement is headed to federal prison after pleading guilty to sexually abusing a woman he monitored.
Benito Montes de Oca Cruz worked as a site supervisor for Riverside House, a federal Bureau of Prisons contractor responsible for providing custodial, supervisory, and disciplinary oversight to federal inmates in home confinement. As part of monitoring compliance, Cruz visited inmates at their homes.
On December 28, 2020, Cruz visited a woman who was serving part of her 51-month sentence at home. While there, Cruz engaged in sexual contact with the victim, including touching her sexually while they were both naked.
Law enforcement received information on this illicit activity and promptly investigated. Evidence against Cruz included a video that captured the illegal activity and DNA that Cruz left behind.
The full sentence imposed by United States District Judge Robert N. Scola was four months’ imprisonment, to be followed by one year of supervised release (with the first 120 days of supervised release in home confinement). In determining the sentence, Judge Scola noted the serious nature of the offense but also considered Cruz’s lack of prior criminal history, among other factors. Cruz must surrender to the federal Bureau of Prisons on June 1.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge James Boyersmith of the Department of Justice, Office of Inspector General (DOJ-OIG), announced the sentence.
DOJ-OIG investigated this case and Assistant U.S. Attorney Edward N. Stamm 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 under case number 22-cr-20459.
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Former physician's assistant sentenced for health care fraud after posing as a licensed practitionerRead the Press Release
ATLANTA - Theresa Pickering has been sentenced to federal prison for committing health care fraud by posing as a licensed physician’s assistant, which resulted in approximately $147,000 in attempted losses to insurers.
“Pickering previously served prison time for similar conduct,” said U.S. Attorney Ryan K. Buchanan. “Then in blatant disregard for the law and safety, she knowingly placed patients at significant risk by again posing as a licensed medical provider.”
“Pickering did not learn from her previous fraud conviction. Instead, she chose to continue to endanger patient lives through theft and lies,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “This sentence will serve as a reminder to others that the FBI will not tolerate healthcare providers who engage in schemes that defraud the industry and put innocent patients at risk.”
"This individual egregiously lied about her qualifications to obtain access to patient information, which she then used to steal from federal health care programs," said Tamala Miles, Special Agent in Charge with the Department of Health and Human Services, Office of Inspector General (HHS-OIG). "HHS-OIG is proud to work alongside our law enforcement partners to hold accountable those who put patients at risk and undermine the integrity of federal health care programs."
“At OPM OIG, our number one priority is protecting patients from harm,” said Conrad J. Quarles, Deputy Assistant Inspector General for Investigations, OPM OIG. “This sentencing demonstrates our commitment to working with our Federal partners to hold accountable those that would seek to put the safety of Federal health care enrollees at risk.”
According to U.S. Attorney Buchanan, the charges, and other information presented in court: On or about September 24, 2019, Pickering was hired as a licensed physician’s assistant at a family practice in Norcross, Georgia. But Pickering was not a licensed physician’s assistant in Georgia at that time, nor had she been a licensed physician’s assistant in any state since March 2014. After Pickering served a prison sentence for a 2015 fraud and narcotics case related to her illegal practice as a physician’s assistant in the State of Mississippi, Pickering relocated to Georgia and again obtained employment as a licensed physician’s assistant at the Norcross-based family practice.
While employed at the practice, Pickering treated patients, diagnosed illnesses, ordered diagnostic tests and lab work, and handled sick visits and prescribed drugs to patients – none of which was authorized by law based on her lack of licensure and exclusion from federal health care programs. Pickering also issued prescriptions, including prescriptions for controlled substances, in the name of Doctor 1, a physician contracted by the practice, and without Doctor 1’s permission. Pickering caused the practice to submit at least approximately $147,000 in fraudulent claims for reimbursement to Medicare and numerous private insurance companies.
Theresa Pickering, 55, of Norcross, Georgia, was sentenced on April 18, 2023, to two years, nine months in prison to be followed by three years of supervised release. She was also ordered to pay restitution in the amount of $48,742.30.
This case was investigated by the Federal Bureau of Investigation, Department of Health and Human Services, Office of Inspector General, and Office of Personnel Management, Office of the Inspector General.
Assistant U.S. Attorney David A. O'Neal prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former insurance agent sentenced to prison for defrauding victims by creating life insurance policies in their names without their knowledgeRead the Press Release
CINCINNATI – A former insurance agent was sentenced in U.S. District Court to 24 months in prison for defrauding dozens of victims in the Cincinnati and Dayton areas.
Seneca Birchmore, 45, of Cincinnati, committed aggravated identity theft. Birchmore also fraudulently obtained two COVID Paycheck Protection Program loans.
As part of his sentence, Birchmore was ordered to pay nearly $147,000 in restitution.
According to court documents, Birchmore lost his license as an insurance agent in 2019 because he was writing unauthorized insurance policies so that he could collect the commissions.
After losing his license, Birchmore then stole the identities of two other insurance agents and used those identities to write more life insurance policies for customers who did not want them. Birchmore had the commissions from dozens of local victims’ policies deposited into his own bank accounts.
Local law enforcement departments received complaints from victims that money was being automatically withdrawn from their bank accounts for insurance policies they never ordered. Many of the victims are senior citizens, and most reside in Dayton, Englewood, Middletown and Cincinnati.
The commissions for Birchmore’s original fraudulent insurance policies under his own name as an agent totaled more than $8,000. The commissions for policies created under the stolen identities of other agents totaled more than $93,000.
“This case is based plainly on Birchmore’s greed combined with his wanton acts to take advantage of some of society’s most vulnerable people, the senior customers,” said U.S. Attorney Kenneth L. Parker. “Unfortunately, the victims in the case are not only the customers, but also the insurance agents whose identities he stole as well as the insurance companies he caused to pay the fraudulent commissions.”
As part of his conviction, Birchmore was ordered to pay the following restitution:
- Americo Financial Life and Annuity Insurance Company: $34,820.37
- Columbian Life Insurance Company: $16,604.01
- Transamerica Life Insurance Company: $4,671
- Mutual of Omaha: $2,104.65
- Great Western Insurance Company: $16,303.17
- Aetna Health and Life Insurance Company: $8,826.84
- American General Life Insurance Company: $2,718.45
- Guarantee Trust Life Insurance Company: $17,906.07
- Integrity Market: $1,000.00
- U.S. Small Business Administration: $41,665
In a separate scheme, Birchmore fraudulently obtained two COVID Paycheck Protection Program loans totaling more than $40,000. Birchmore claimed on both loan applications that he owned a business in his name and stated his gross income for 2019 was more than $13 million. No such business existed.
The defendant was charged federally and arrested in June 2022. He pleaded guilty in January 2023.
“I commend the diligence of the Ohio Department of Insurance's investigatory team for bringing detailed aspects of this case to light, and the work of the partner agencies to ensure accountability for breaking the law,” said Ohio Department of Insurance Director Judith L. French. “Insurance crimes are serious. They negatively impact consumers and also drive up the cost of insurance for all Ohioans.”
U.S. Attorney Parker and Director French were joined by the Social Security Office of Inspector General, U.S. Secret ServiceOhio Bureau of Motor Vehicles, U.S. Department of Labor Office of Inspector General, U.S. Marshals Service, Butler County Sheriff’s Office and Cincinnati Police Department in announcing the sentence imposed on April 13 by Senior U.S. District Judge Susan J. Dlott. Assistant United States Attorney Julie D. Garcia and former Special Assistant United States Attorney Timothy Landry represented the United States in this case.
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Former Police Officer Pleads Guilty to Theft of Firearms from Police Weapons Vault and Tampering with Multiple WitnessesRead the Press Release
SAN JUAN, Puerto Rico – Former police officer William Cintrón-Rivera, a.k.a. “El Kid/Kid” pleaded guilty to the theft of 54 guns and thousands of rounds of ammunition from the Puerto Rico Police Bureau, Guayama headquarters on July 17, 2019. On January 20, 2021, a federal grand jury charged the defendant with multiple counts of firearms violations and tampering with witnesses.
According to court documents, on July 17, 2019, in the District of Puerto Rico, defendant Cintrón-Rivera stole 54 firearms from the Puerto Rico Police Bureau (PRPB), Guayama headquarters. At the time of the theft, defendant Cintrón-Rivera was a police officer in the PRPB. In addition, the defendant was charged with the possession of six of the stolen firearms and thousands of rounds of ammunition.
The investigation revealed that Cintrón-Rivera attempted to intimidate and corruptly persuade two individuals to provide false information to federal investigators relevant to the theft, such as Cintrón-Rivera’s whereabouts on the night of the crime. Cintrón-Rivera also attempted to intimidate and corruptly persuade a female to provide false information to federal investigators regarding (a) the nature and duration of their relationship; (b) Cintrón-Rivera’s whereabouts during the timeframe of the theft; (c) the identity of an alleged informant; and (d) communications involving Cintrón-Rivera and her, including payment for an alleged cell phone.
Cintrón-Rivera is scheduled to be sentenced on August 2, 2023. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney W. Stephen Muldrow of the District of Puerto Rico and Christopher Robinson, Special Agent in Charge for ATF, made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Puerto Rico Police Bureau are investigating the case.
Assistant U.S. Attorney Luis A. Valentin and Jonathan L. Gottfried, Chief of the Violent Crimes and National Security Section, were in charge of the prosecution of the case.
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Former Physician Associated with 1-800-GET-THIN Sentenced to 7 Years in Federal Prison for Massive Fraud Against Health InsurersRead the Press Release
LOS ANGELES – A former doctor has been sentenced to 84 months in federal prison for scheming to defraud private insurance companies and the Tricare health care program for U.S. military service members by fraudulently submitting nearly $120 million in claims related to the 1-800-GET-THIN Lap-Band surgery business, the Justice Department announced today.
Julian Omidi, 54, of West Hollywood, was sentenced Monday evening by United States District Judge Dolly M. Gee.
Judge Gee also sentenced Surgery Center Management LLC (SCM), an Omidi-controlled Beverly Hills-based company, to five years’ probation. A separate hearing on restitution and forfeiture in this case, along with SCM’s fine, is expected in the coming weeks.
At the conclusion of a three-month trial, a federal jury in December 2021 found Omidi and SCM guilty of 28 counts of wire fraud and three counts of mail fraud. Omidi also was found guilty of two counts of making false statements relating to health care matters, one count of aggravated identity theft and two counts of money laundering. Omidi and SCM also were found guilty of conspiracy to commit money laundering.
“As found by the jury, the defendant Julian Omidi deliberately and repeatedly acted with an eye towards business and profits, rather than in the interest of GET THIN’s medical patients, by inducing patients to undergo medical treatment premised on fraud rather than medical necessity, including surgeries that carry significant risks and life-long health impacts,” said United States Attorney Martin Estrada. “Those who engage in fraud – to the detriment of vulnerable patients and the insurance companies – must always be held accountable.”
“Patients rely on medical providers to give them information that is truthful and accurate, so that the patients do not make inappropriate decisions about medical devices, which FDA oversees,” said Special Agent in Charge Robert M. Iwanicki, FDA Office of Criminal Investigations Los Angeles Field Office. “When providers give inaccurate information, we will investigate and bring to justice those who place profits over public health.”
“Mr. Omidi made millions at the expense of the multiple victim companies he defrauded, and he violated his oath to ‘do no harm’ by callously misleading patients about the need for a sleep study and subsequent weight loss surgery,” said Donald Alway, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “This successful prosecution should send a clear warning to anyone in the medical profession who intends to falsify insurance claims for unnecessary procedures or provide faulty medical advice to patients seeking reliable care.”
“Medical providers are in a position of great trust, and this former doctor broke that trust victimizing patients including military service members with medically unnecessary treatment to boost his own profits by hundreds of millions of dollars,” said Insurance Commissioner Ricardo Lara. “Medical provider fraud is a multi-billion-dollar problem that drives up health insurance premiums and creates a drain on our economy. My Department of Insurance and our law enforcement partners are committed to investigating fraud and protecting consumers and the health care system.”
Omidi is a former dermatologist whose medical license was revoked in 2009 after state authorities found he had engaged in dishonesty and unprofessional conduct related to his application for his California medical license.
He controlled, in part, the GET THIN network of entities, including SCM, that focused on the promotion and performance of Lap-Band weight-loss surgeries. Omidi established procedures requiring prospective Lap-Band patients – even those with insurance plans he knew would never cover Lap-Band surgery – to have at least one sleep study, and employees were incentivized with commissions to make sure the studies occurred.
Omidi used the sleep studies to find a reason – the “co-morbidity” of obstructive sleep apnea – that GET THIN would use to convince the patient’s insurance company to pre-approve the Lap-Band procedure.
After patients underwent sleep studies – irrespective of whether any doctor had ever determined the study was medically necessary – GET THIN employees, acting at Omidi’s direction, often falsified the results. Omidi then used the falsified sleep study results in support of GET THIN’s pre-authorization requests for Lap-Band surgery.
Relying on the false sleep studies – as well as other false information, including patients’ weights – insurance companies authorized payment for some of the proposed Lap-Band surgeries. Moreover, even if the insurance company did not authorize the surgery, GET THIN still was able to submit bills for approximately $15,000 for each sleep study. Prosecutors estimate that Omidi’s conduct caused insurers and Tricare to pay at least approximately $41 million for Lap-Band procedures, sleep studies, and CPAP devices and accessories tainted by this fraud.
The victim health care benefit programs include Tricare, Anthem Blue Cross, UnitedHealthcare, Aetna, Health Net, Operating Engineers Health and Welfare Trust Fund, and others.
“Today, marks the end of the appalling chapter of Julian Omidi and 1-800-GET-THIN. Omidi was well educated; he had every opportunity to be successful and make ethical decisions. However, driven by greed, he committed some of the most unconscionable and atrocious acts,” said Tyler Hatcher, Special Agent in Charge of IRS Criminal Investigation's Los Angeles Field Office. “There are no words strong enough to describe the actions taken by Omidi. We hope this sentencing brings some closure to all the victims affected by Omidi and 1-800-GET-THIN. IRS Criminal Investigations is committed to using our financial expertise to bring down people and organizations that take advantage of our community and cause irreparable harm.”
In 2014, the government seized more than $110 million in funds and securities from accounts held by individuals and entities involved in the criminal scheme, including Omidi. The government is seeking a money judgment order of forfeiture against defendants Omidi and SCM in the amount of $98,280,221 and is pursuing civil forfeiture of the seized property totaling $107,539,422.
The U.S. Food and Drug Administration Office of Criminal Investigations; the FBI; the Defense Criminal Investigative Service; IRS Criminal Investigation; and the California Department of Insurance investigated this matter.
Assistant United States Attorneys Kristen A. Williams, Ali Moghaddas, and David H. Chao of the Major Frauds Section, and Assistant United States Attorney David C. Lachman of the Terrorism and Export Crimes Section prosecuted this case. Assistant United States Attorney James E. Dochterman of the Asset Forfeiture and Recovery Section is handling the asset forfeiture portion of this case.
Former Hinds County Detention Officer Sentenced to 46 Months in Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
Jackson, Mississippi – A Madison man was sentenced to 46 months in federal prison for possession with intent to distribute methamphetamine, announced U.S. Attorney Darren LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
According to court documents, on August 18, 2018, Marcell Anderson, 26, a Hinds County detention officer, attempted to introduce contraband into the Hinds County Detention Center in Raymond, Mississippi. Anderson had an electrical taped bundle in his pants containing methamphetamine, marijuana, spice (synthetic marijuana), Xanax pills, rolling papers, and lighters.
Anderson was indicted by a federal grand jury and he pled guilty on January 25, 2023 to possession with intent to distribute methamphetamine.
The case was investigated by the Federal Bureau of Investigation and the Hinds County Sheriff’s Office.
The case was prosecuted by Assistant United States Attorney Keesha Middleton.
Former Federal Correctional Officer Pleads Guilty to Federal Civil Rights ChargeRead the Press Release
SAN JUAN, Puerto Rico – Former Bureau of Prisons Officer Emilio Rodríguez-Arroyo pleaded guilty today to one count of Deprivation of Rights Under Color of Law for using excessive force by striking an inmate whose hands were handcuffed behind his back and who was not resisting, resulting in bodily injury, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.
According to court documents and information presented in court, on November 8, 2021, Rodríguez-Arroyo, a correctional officer at the Metropolitan Detention Center (MDC) in Guaynabo, Puerto Rico deprived victim E.R.R. of his Eighth Amendment right to be free from cruel and unusual punishment when the defendant struck E.R.R. in the head and face area shortly after having deployed oleoresin capsicum (OC) spray (also known as “pepper spray”) onto that area, and while E.R.R. was handcuffed behind his back, surrounded and controlled by other officers, and not resisting.
The defendant’s sentencing is scheduled for July 17, 2023, before U.S. District Judge Silvia Carreño-Coll of the U.S. District Court for the District of Puerto Rico.
The case was investigated by the FBI and the Department of Justice Office of Inspector General, and was prosecuted by Assistant U.S. Attorney Alexander Alum and Trial Attorney Eric Peffley of the United States Department of Justice, Civil Rights Division.
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Former Executive at Williams Sonoma, Inc. Charged with Three Others in Alleged Multi-Million Dollar Fraud SchemesRead the Press Release
SAN FRANCISCO - A federal grand jury in San Francisco indicted Eric Marsiglia, Kourosh Mirmehdi, Augusto Alizo, and Michael Podhurst, charging the defendants with conspiracy, wire fraud, money laundering, and related charges for their respective roles in two separate fraudulent schemes involving kickbacks and the diversion of millions of dollars of rebates belonging to Williams Sonoma, Inc., announced United States Attorney Ismail J. Ramsey and Internal Revenue Service-Criminal Investigation (IRS-CI) Special Agent in Charge Darren Lian. The indictment was filed April 11, 2023, and unsealed earlier today.
Two of the defendants, Marsiglia, 49, of Olive Branch, Miss., and Augusto Alizo, 51, of Weston, Florida, were arrested today in Mississippi and Florida, respectively.
According to the indictment, while employed by Williams Sonoma, Inc. (WSI), Marsiglia was involved in two fraudulent schemes. The first scheme was a conspiracy to divert rebates from commercial real estate brokers that should have gone to WSI; the rebates were diverted to accounts that Marsiglia controlled. As part of this scheme, Marsiglia allegedly paid a portion of the diverted funds to his co-conspirators, Kourosh Mirmehdi, 63, of Irvine, Calif., and Alizo. The second scheme involved the payment of kickbacks in exchange for Marsiglia directing business to companies controlled by codefendant Michael Podhurst, 63, of Union, New Jersey.
“Today’s arrests target a years-long fraud centered on defendant Marsiglia, who abused the trust placed in him by a prominent San Francisco public company,” said U.S. Attorney Ramsey. “The indictment alleges how each defendant, in separate ways, sought to capitalize on Marsiglia’s valued position within the company—but all with the singular goal of lining their own pockets with millions of dollars at the expense of his employer. Rest assured, we will prosecute corporate executives who accept kickbacks and bribes in exchange for steering contracts to undeserving individuals or companies.”
“This investigation and today’s arrests are a result of the hard work and dedication of IRS Criminal Investigation and the U.S. Attorney’s Office in Northern District of California. Our agents and prosecutors pursued a group of individuals, across state lines, who took advantage of members of our community for greed and personal enrichment,” said Special Agent in Charge Darren Lian of IRS Criminal Investigation’s Oakland Field Office. “CI special agents are determined to hold those who deceive and cheat accountable for their actions.”
Williams Sonoma, Inc. (WSI) is a home-goods retailer that operates brands Williams Sonoma, Pottery Barn, West Elm, and others. Marsiglia was WSI’s Vice President of Engineering, Projects, Planning, Facilities, and Real Estate, and, as such, was responsible for identifying commercial real estate opportunities for the company. For example, Marsiglia located warehouses that WSI could use as distribution centers, worked with landlords and commercial real estate brokers to negotiate the terms of leases, and outfitted warehouses and distribution centers. In his position, Marsiglia allegedly orchestrated the negotiation of real estate contracts on behalf of WSI that required third parties to pay millions of dollars in brokerage fee rebates to WSI. According to the indictment, rather than ensure that WSI received the brokerage fee rebates, Marsiglia instead created a shell company and then conspired with others to have the rebates paid to his company. In addition, as part of this scheme, Marsiglia allegedly paid a portion of the proceeds of this illegal scheme to his co-conspirators. Separately, Marsiglia also allegedly received kickback payments from another co-conspirator in exchange for directing contracts for business to companies controlled by the co-conspirator.
The indictment describes details of the alleged rebate diversion scheme. According to the indictment, around 2020 WSI experienced an increase in its need for warehouse space to enable it to more easily store products and ship them to consumers around the country. To meet this need, WSI worked with third-party logistics companies to assist in the negotiations with commercial real estate brokers. Marsiglia allegedly worked with codefendant Mirmehdi, who worked for a global third-party logistics company, to assist in the negotiations with commercial real estate brokers and landlords. The indictment describes how a common feature of such leasing arrangements includes the payment of rebates from the real estate brokers to the entity leasing the warehouse space. The indictment alleges Marsiglia and Mirmehdi used their positions and influence to formulate contracts and/or agreements that directed commercial real estate brokers to forward rebate payments to Marsiglia’s company, rather than to WSI. Specifically, Marsiglia created, owned, and operated a shell company named REM Group LLC. Marsiglia or Mirmehdi then allegedly represented to real estate brokers that REM Group was connected to or a part of WSI, inducing the brokers to pay rebates to REM Group. Marsiglia allegedly thereafter sent portions of the illegal proceeds of the scheme to codefendants Mirmehdi and Alizo, who was Mirmehdi’s boss at the logistics company. Marsiglia, Mirmehdi, and Alizo redirected broker fees to REM Group for warehouses leased to WSI in Florida, New Jersey, and Arizona, and attempted to do so for an additional warehouse being leased in California. In total, the indictment alleges Marsiglia, Mirmehdi, and Alizo diverted and misappropriated approximately $5.9 million in broker commission rebates owed to WSI.
The indictment also provides details of the kickback scheme. In his role at WSI, Marsiglia had authority to identify vendors and authorize and approve contracts for work to be done in the distribution centers. According to the indictment, beginning in 2018, Marsiglia worked with Podhurst to arrange for kickback payments to be paid to Marsiglia and REM Group in exchange for Marsiglia directing contracts for business in WSI’s warehouses to companies connected to Podhurst. Podhurst worked as a salesperson at a forklift and supply chain company (the Forklift Company) based in New Jersey. The indictment alleges Marsiglia and Podhurst first agreed that Marsiglia would hire the Forklift Company to provide goods or services for Williams Sonoma; in exchange, Marsiglia established REM Group as a consultant and the Forklift Company made kickback payments to REM Group. This kickback scheme continued when Podhurst and others founded a storage and material handling company to provide and build racking systems in WSI warehouses. Later, Podhurst started his own company, Precision Industrial Installations, and Marsiglia awarded contracts to that company in exchange for more kickbacks.
In total, WSI awarded companies connected to Podhurst more than $48 million in contracts for work done at warehouses around the country, and Marsiglia and Podhurst arranged for more than $12 million in kickbacks to be paid to Marsiglia’s company, REM Group.
The indictment alleges that from approximately 2018-2022, Marsiglia received nearly $20 million through his shell company, REM Group, all of which was in the form of stolen broker rebate payments or kickbacks received for awarding business to entities related to Podhurst.
In sum, the defendants were charged with the following counts:
Count(s)
Defendants
Charge
1
Eric Marsiglia
Kourosh Mirmehdi
Augusto Alizo
18 U.S.C. § 1349 – Conspiracy to Commit Wire Fraud
2-5
Eric Marsiglia
Kourosh Mirmehdi
Augusto Alizo
18 U.S.C. § 1343 – Wire Fraud
6
Eric Marsiglia
Michael Podhurst
18 U.S.C. §§ 1343, 1346, 1349 - Conspiracy to Commit Wire Fraud and Honest Services Wire Fraud
7-12
Eric Marsiglia
Michael Podhurst
18 U.S.C. §§ 1343, 1346 – Wire Fraud and Honest Services Wire Fraud
13
Eric Marsiglia
Kourosh Mirmehdi
Augusto Alizo
18 U.S.C. § 1956(h) – Money Laundering Conspiracy
14
Eric Marsiglia
Michael Podhurst
18 U.S.C. § 1956(h) – Money Laundering Conspiracy
Marsiglia made his initial appearance this morning in U.S. District Court for the Northern District of Mississippi. An initial appearance in federal court in San Francisco has not yet been scheduled. Alizo made his initial appearance this morning in federal court in the Southern District of Florida. An initial appearance in federal court in San Francisco has not yet been scheduled. Mirmehdi and Podhurst have not yet appeared in federal court for their initial appearance.
An indictment merely alleges that crimes have been committed, and each defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendants face a maximum sentence of 20 years in prison, and a fine of $250,000, plus restitution, if appropriate, for each violation of 18 U.S.C. §§ 1343, 1346, and 1349, as well as a maximum sentence of 20 years in prison, and a fine of $500,000, plus restitution, if appropriate, for each violation of 18 U.S.C. §1956(h). The court also may order an additional term of supervised release to begin after a prison term as part of any sentence. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Ross Weingarten and Christiaan Highsmith are prosecuting the case with the assistance of Elizabeth Kim. The prosecution is the result of an investigation by the IRS-CI.
Former Detroit Police Lieutenant in Charge of Integrity Unit Sentenced to 2 ½ Years in Prison for Taking Bribes Connected to TowingRead the Press Release
DETROIT – A former police lieutenant in charge of the Detroit Police Department’s Integrity Unit was sentenced to 2 ½ years in prison for accepting bribes in a conspiracy with another Detroit police officer in connection with corruption in the towing industry in Detroit, United States Attorney Dawn N. Ison announced today.
Ison was joined in the announcement by James A. Tarasca, Special Agent in Charge of the Detroit Field Office of the Federal Bureau of Investigation.
John F. Kennedy, 57, of Rochester Hills, Michigan, at one point commanded the Detroit Police Department’s Integrity Unit—a division of the department’s Internal Affairs Division—and was responsible for investigating reports of law violations and professional misconduct by police officers and other city employees. Kennedy conspired with fellow Detroit police officer Daniel S. Vickers to commit bribery by accepting money and other items of value in exchange for Kennedy using and promising to use his influence as a supervisor to persuade other officers to make tow referrals to a towing company in violation of the city’s ordinance and Detroit Police Department policy. Under the city’s towing rotation, qualifying private towing companies are called by the police to tow cars that are seized by the police or reported stolen. Kennedy and Vickers were aware that by making towing referrals directly to a towing company which was not on the city’s towing rotation, they were violating the city’s rules and an ordinance which prohibit a towing company from receiving towing referrals if they are not on police department’s towing rotation.
Kennedy and fellow Detroit police officer Vickers agreed to accept bribes in the form of thousands of dollars in cars, car parts, car repairs, and new carpeting for Vickers’ home. Besides making illegal tow referrals in exchange for the bribes, Vickers and Kennedy also agreed to provide the towing company that Kennedy was investigating with confidential information about the status of the Integrity Unit’s case.
In total, Kennedy accepted bribes amounting to $14,950 during the course of the conspiracy. In addition, Vickers accepted over $3,400 in bribe payments from the towing company.
Vickers has pleaded guilty to the bribery conspiracy and was sentenced in February of this year to 27 months in prison.
Vickers and Kennedy were charged as part of the government’s investigation of corruption within the government and the Police Department of the City of Detroit relating to the towing industry and other matters. Thus far, six defendants have been charged in the probe, and five of those six defendants have been convicted.
U.S. Attorney Ison said, “Today’s sentence underscores our commitment to ensuring local police agencies embody the utmost commitment to excellence, integrity, and professionalism. Thankfully, today’s result is not emblematic of the character of our law enforcement partners. Nevertheless, this type of immoral conduct will and must be punished. We thank Chief of Police James White for his assistance in this investigation.”
“Police officers take an oath to protect and serve their community. Today, John Kennedy is being held accountable for violating that oath and using his official position to benefit himself personally,” said James A. Tarasca, Special Agent in Charge of the FBI’s Detroit Field Office. “We appreciate the partnership and cooperation of Detroit Police Chief James White as the FBI’s Public Corruption Task Force continues to address public corruption in the City of Detroit.”
“This former officer’s actions are unacceptable for anyone who has the privilege to wear the Detroit Police badge,” said Detroit Police Chief James E. White. “We appreciate U.S. Attorney Ison’s work to bring accountability to those who fail in their sworn duty to serve and protect the public and will continue to collaborate with her office in any investigation of alleged wrongdoing by our officers. Delivering transparent, accountable, policing excellence that Detroiters deserve is a top priority of my administration.”
The case was investigated by the Detroit Area Public Corruption Task Force, which is led by the Federal Bureau of Investigation, with assistance from the Detroit Police Department, Michigan Attorney General's Office, Customs & Border Protection, and the U.S. Department of Homeland Security. The case is being prosecuted by Assistant U.S. Attorney Eaton P. Brown.
Former Detroit Police Lieutenant in Charge of Integrity Unit Sentenced to 2 ½ Years in Prison for Taking Bribes Connected to TowingRead the Press Release
DETROIT – A former police lieutenant in charge of the Detroit Police Department’s Integrity Unit was sentenced to 2 ½ years in prison for accepting bribes in a conspiracy with another Detroit police officer in connection with corruption in the towing industry in Detroit, United States Attorney Dawn N. Ison announced today.
Ison was joined in the announcement by James A. Tarasca, Special Agent in Charge of the Detroit Field Office of the Federal Bureau of Investigation.
John F. Kennedy, 57, of Rochester Hills, Michigan, at one point commanded the Detroit Police Department’s Integrity Unit—a division of the department’s Internal Affairs Division—and was responsible for investigating reports of law violations and professional misconduct by police officers and other city employees. Kennedy conspired with fellow Detroit police officer Daniel S. Vickers to commit bribery by accepting money and other items of value in exchange for Kennedy using and promising to use his influence as a supervisor to persuade other officers to make tow referrals to a towing company in violation of the city’s ordinance and Detroit Police Department policy. Under the city’s towing rotation, qualifying private towing companies are called by the police to tow cars that are seized by the police or reported stolen. Kennedy and Vickers were aware that by making towing referrals directly to a towing company which was not on the city’s towing rotation, they were violating the city’s rules and an ordinance which prohibit a towing company from receiving towing referrals if they are not on police department’s towing rotation.
Kennedy and fellow Detroit police officer Vickers agreed to accept bribes in the form of thousands of dollars in cars, car parts, car repairs, and new carpeting for Vickers’ home. Besides making illegal tow referrals in exchange for the bribes, Vickers and Kennedy also agreed to provide the towing company that Kennedy was investigating with confidential information about the status of the Integrity Unit’s case.
In total, Kennedy accepted bribes amounting to $14,950 during the course of the conspiracy. In addition, Vickers accepted over $3,400 in bribe payments from the towing company.
Vickers has pleaded guilty to the bribery conspiracy and was sentenced in February of this year to 27 months in prison.
Vickers and Kennedy were charged as part of the government’s investigation of corruption within the government and the Police Department of the City of Detroit relating to the towing industry and other matters. Thus far, six defendants have been charged in the probe, and five of those six defendants have been convicted.
U.S. Attorney Ison said, “Today’s sentence underscores our commitment to ensuring local police agencies embody the utmost commitment to excellence, integrity, and professionalism. Thankfully, today’s result is not emblematic of the character of our law enforcement partners. Nevertheless, this type of immoral conduct will and must be punished. We thank Chief of Police James White for his assistance in this investigation.”
“Police officers take an oath to protect and serve their community. Today, John Kennedy is being held accountable for violating that oath and using his official position to benefit himself personally,” said James A. Tarasca, Special Agent in Charge of the FBI’s Detroit Field Office. “We appreciate the partnership and cooperation of Detroit Police Chief James White as the FBI’s Public Corruption Task Force continues to address public corruption in the City of Detroit.”
“This former officer’s actions are unacceptable for anyone who has the privilege to wear the Detroit Police badge,” said Detroit Police Chief James E. White. “We appreciate U.S. Attorney Ison’s work to bring accountability to those who fail in their sworn duty to serve and protect the public and will continue to collaborate with her office in any investigation of alleged wrongdoing by our officers. Delivering transparent, accountable, policing excellence that Detroiters deserve is a top priority of my administration.”
The case was investigated by the Detroit Area Public Corruption Task Force, which is led by the Federal Bureau of Investigation, with assistance from the Detroit Police Department, Michigan Attorney General's Office, Customs & Border Protection, and the U.S. Department of Homeland Security. The case is being prosecuted by Assistant U.S. Attorney Eaton P. Brown.
Former Department of Energy Contractor Sentenced to 121 Months for Distributing and Possessing Child PornographyRead the Press Release
KNOXVILLE, Tenn. – On April 18, 2023, the Honorable Thomas A. Varlan, United States District Judge for the Eastern District of Tennessee, sentenced David Bryon King, age 57, to serve 121 months in federal prison followed by a lifetime on supervised release for attempted distribution and possessing child pornography. During the time of the offense, King was a contractor working as a fire inspector for the Oak Ridge National Laboratory.
According to the filed plea agreement, King admitted that he distributed child pornography to others in 2022, in violation of 18 U.S.C. § 2522A(a)(2)(B), and possessed child pornography in 2021 and 2022, in violation of 18 U.S.C. § 2252A(a)(5)(B). King was identified as making online payments to individuals believed to be selling child pornography. Agents with the Department of Energy Office of Inspector General interviewed King at his residence. During the interview, King admitted to being in possession of child pornography, specifically on his smartphone. Agents seized the device and obtained a federal search warrant to search the device. Forensic analyses of King’s smartphone uncovered images and videos of child pornography and other evidence linking King to the attempted distribution of child pornography.
“Protecting children and holding perpetrators accountable is a top priority for the U.S. Attorney’s Office and we will continue to work with our law enforcement partners to investigate and prosecute child exploitation cases,” said United States Attorney Francis M. Hamilton III.
“I commend our agents and our partners at the Department of Justice and the U.S. Attorney’s Office for investigating and prosecuting such heinous crimes against children,” said Teri L. Donaldson, Inspector General for the Department of Energy. “Our investigators will continue doing everything they can to identify and investigate instances of child exploitation within the Department. Crimes against children have absolutely no place anywhere, and we will continue working with the Department of Justice and U.S. Attorney’s Offices around the country to investigate and prosecute the offenders.”
The case was investigated by the Department of Energy Office of Inspector General.
Assistant U.S. Attorney Jennifer Kolman represented the United States.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006, by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit www.justice.gov/psc.
For more information about internet safety education, please visit www.justice.gov/psc/resources.html and click on the tab "resources.”
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Former Baltimore City Assistant State’s Attorney Sentenced to Two Years in Federal Prison for Unlawfully Obtaining Phone RecordsRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced former Baltimore City Assistant State’s Attorney Adam Lane Chaudry, age 43, of Baltimore, Maryland, today to two years in federal prison, followed by three years of supervised release, for two counts of fraud in connection with obtaining confidential phone records. As part of his guilty plea, Chaudry admitted that he committed the crime to stalk his victims.
The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Maryland State Prosecutor Charlton T. Howard III; and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
“Adam Chaudry egregiously abused his power,” said U.S. Attorney Erek L. Barron. “We wield prosecutorial power for the public interest, not for personal interest. This office will tolerate nothing less.”
“Prosecutors, like law enforcement, are expected to protect the innocent and hold accountable those who partake in criminal activities. For Chaudry to abuse his power and the trust of both law enforcement and the public for his own inappropriate purposes hinders the ability to carry out the mission and feeds public skepticism,” said Special Agent in Charge Thomas J. Sobocinski of the FBI Baltimore Field Office. “Today’s sentence is a message such exploitation will not mar the reputation of prosecutors and law enforcement who take pride and responsibility in maintaining law and order.”
According to the plea agreement, from June 2009 to June 18, 2021, Chaudry worked as an Assistant State’s Attorney in the Baltimore City State’s Attorney’s Office (“BSAO”). From September 2015 until he left the BSAO, Chaudry worked in the BSAO’s Homicide Division. During his tenure in the office, Chaudry maintained an intimate relationship with two of the victims. At no time were any of the victims a witness or target of any criminal investigation or prosecution by the BSAO.
As detailed in the guilty plea, Chaudry fraudulently caused 65 grand jury and trial subpoenas to be sent to telecommunications companies in Florida and New Jersey requesting telephone records of the victims. Additionally, an investigator at BSAO provided Chaudry information that he previously requested, including a victim’s home address, MVA information, and driver’s license photograph. Chaudry then used this information, along with information from the fraudulent subpoenas, to get details about the victims’ hotel stays and other personal and private information.
U.S. Attorney Erek L. Barron commended the FBI and the State Prosecutor’s Office for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Sean R. Delaney and Special Assistant U.S. Attorney Sarah R. David, who prosecuted the case. For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Former Account Administrator Pleads Guilty to Payroll Fraud SchemeRead the Press Release
WASHINGTON – Warrenetta Renee Smith, 56, of District Heights, Maryland, pleaded guilty today in Superior Court to one count of First-Degree Fraud for a payroll fraud scheme in which she stole more than $62,000 from her former employer. U.S. Attorney Matthew M. Graves for the District of Columbia and Chief Robert Contee III of the Metropolitan Police Department made the announcement.
According to court documents, Smith, who was employed by a Washington, D.C. small business as an account specialist in the company’s accounting department, used her access to the company’s payroll management system to falsify her own payroll information for at least 84 pay periods between July 2018 and May 2020. To perpetuate the scheme, Smith would compile the weekly payroll information for each of the company’s employees to submit for approval by the company’s CFO. However, after receiving the necessary approvals, Smith altered her own approved regular hours, overtime, or leave in the company’s payroll management system, in order to fraudulently increase her pay for the applicable pay period.
The Honorable Andrea Hertzfeld accepted Smith’s guilty plea and scheduled sentencing for June 16, 2023. As part of the plea agreement, Smith agreed to pay $35,000 in restitution.
In announcing the guilty plea, U.S. Attorney Graves and Chief Contee commended the work of those who investigated the case from the Metropolitan Police Department’s Financial and Cyber Crimes Unit. They also commended the work of Assistant U.S. Attorney Benjamin D. Bleiberg for investigating and prosecuting the case.
Foreign National Involved in Religious Institution Check Theft Conspiracy Sentenced to Almost Three Years in Federal PrisonRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang today sentenced Daniel Velcu, age 43, of Baltimore, Maryland, to 34 months in federal prison, followed by three years of supervised release, for conspiracy to commit bank fraud and wire fraud. As part of his sentence, Velcu will be required to pay $1,313,499.79 in restitution.
The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Postal Inspector in Charge Damon E. Wood of the U.S. Postal Inspection Service - Washington Division; Special Agent in Charge James C. Harris of Homeland Security Investigations (HSI) Baltimore; Acting Special Agent in Charge Michael Serra of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG) Mid-Atlantic Region; Chief Marcus Jones of the Montgomery County Police Department; Chief Terry Sult of the Cary, North Carolina, Police Department; and Sheriff Dusty Rhoades of the Williamson County, Tennessee, Sheriff’s Office.
According to his guilty plea, beginning in June 2018 to October 2020, Velcu and his co-conspirators conspired to steal checks from the U.S. mail intended for religious institutions and deposit the illegally obtained funds into multiple fraudulent bank accounts at various victim financial institutions. Conspirators, including Velcu, conducted the thefts by driving to roadside mailboxes of churches and other religious institutions and removing the mail, specifically targeting donation checks.
As part of the scheme to defraud, Velcu and other co-conspirators fraudulently opened bank accounts at victim financial institutions, often in fictitious names, with the aid of co-conspirator Diape Seck, who was an employee at one of the victim financial institutions. Velcu used false names and accompanying fraudulent identity documents containing his photograph to open accounts and receive ATM cards and account information, in addition to using accounts opened by Seck. Velcu and others deposited stolen checks into the fraudulently opened bank accounts and into bank accounts held in his own or a family member’s identity. Velcu and co-conspirators then withdrew cash from the fraudulent bank accounts through ATMs and spent the illegally obtained proceeds using debit cards associated with the bank accounts.
During the course of the conspiracy, Velcu personally deposited at least 70 stolen checks, totaling at least $40,357.50 and those accounts received at least $48,987.44 from approximately 101 stolen checks. Information found on Velcu’s cellular phone revealed that eight additional accounts in the name of Velcu or a family member received at least $82,872.65 from approximately 145 stolen checks
On October 9, 2020, law enforcement executed a search warrant at Velcu’s residence and storage unit in Baltimore and recovered approximately $87,064 is cash, assorted gold coins and jewelry, all of which are being forfeited as proceeds of the conspiracy. Law enforcement also seized fraudulent French identity documents containing photographs of Velcu and a false name.
Five other conspirators previously pleaded guilty to the conspiracy and were sentenced to up to five years in federal prison. Former bank employee Seck was convicted after trial. Seck faces a maximum sentence of 30 years in federal prison for each of conspiracy to commit bank fraud; bank fraud; making false entries in bank records; and receipt of a bribe or reward by a bank employee. U.S. District Judge Theodore D. Chuang has scheduled sentencing for Seck on June 2, 2023, at 2:30 p.m.
United States Attorney Erek L. Barron commended the U.S. Postal Inspection Service, HSI, the FDIC Office of Inspector General, the Montgomery County Police Department, the Cary (North Carolina) Police Department, and the Williamson County (Tennessee) Sheriff’s Office for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Elizabeth Wright, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Florida Man Found Guilty of Attempted Enticement of a MinorRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that a jury has convicted James Dean Hanapel, age 22, of Jacksonville, Florida, of Attempted Enticement of a Minor Using the Internet following a 3-day jury trial in federal district court in Rapid City, South Dakota. The verdict was returned on April 13, 2023.
The charges carry a mandatory minimum sentence of 10 years imprisonment and a maximum penalty of life imprisonment and/or a $250,000 fine, five years up to lifetime of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Hanapel was indicted by a federal grand jury in August of 2021.
Evidence at trial established that Hanapel was arrested as a result of an undercover sex trafficking operation conducted during the 2021 Sturgis Motorcycle Rally, targeting internet predators. Following his sending of multiple chats and sexually explicit text messages to a person Hanapel believed to be a 14-year-old girl, but who was in fact an undercover agent, Hanapel negotiated a time and place he would meet the minor to engage in unlawful sex acts. When Hanapel arrived at the pre-determined location to meet the person he believed was the minor, he was instead met by law enforcement agents and placed under arrest.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Taskforce, Homeland Security Investigations, Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
A presentence investigation was ordered, and a sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshals Service.
Everett A. Simpson Convicted of Kidnapping and Interstate Transportation of Stolen VehiclesRead the Press Release
Burlington, Vermont – Following a jury trial, Everett A. Simpson, 45, formerly of St. Johnsbury, Vermont, was convicted on all counts – two counts of federal kidnapping and two counts of interstate transportation of stolen vehicles.
According to court documents and testimony, on January 4, 2019, Simpson absconded from the Valley Vista treatment facility in Bradford, Vermont, and stole a commercial van in Newbury, Vermont, eventually deserting that vehicle in a parking garage in Manchester, New Hampshire on the morning of January 5. Later that same day, in the parking lot of the Mall of New Hampshire, Simpson kidnapped a young woman and her four-year-old child after forcing his way into the young woman’s car. Simpson held the woman and her child against their will, driving from New Hampshire into Vermont, where Simpson attempted to locate his estranged wife. After abandoning the effort to find his wife, Simpson continued the kidnapping, now seeking to sexually assault the young woman. Simpson assaulted the woman in her car and at a hotel in White River Junction, before freeing her and her child. Simpson fled the area in the woman’s stolen car. Simpson was eventually arrested after two high-speed pursuits in Delaware County, Pennsylvania, during the second of which he was driving a third vehicle he had stolen.
United States Attorney Nikolas P. Kerest stated, “The crimes committed by Everett Simpson are of the worst variety; Simpson preyed on random victims, including a child. And, although the harms suffered by Everett Simpson’s victims are indelible, today’s across-the-board guilty verdict represents a significant step in holding Everett Simpson responsible for the heinous crimes he committed on January 5, 2019.”United States Attorney Kerest also commended the investigative agencies, including the Federal Bureau of Investigation in Vermont, Pennsylvania, and New Hampshire, the Vermont State Police, the Hartford Police Department, the Manchester, New Hampshire Police Department, and the Upper Darby, Pennsylvania Police Department, all of whom worked diligently alongside the trial team and were necessary to achieve today’s guilty verdict.
Simpson faces a statutory mandatory minimum of twenty years’ imprisonment, and a maximum sentence of life imprisonment. Simpson’s actual sentence will be determined by District Judge Sessions and will be advised by the U.S. Sentencing Guidelines.
Assistant United States Attorneys Matthew Lasher and Paul Van de Graaf represented the United States in the prosecution of Simpson. Simpson represented himself at trial with Steven Barth of the Office of the Federal Public Defender serving as stand-by counsel.
El Departamento de Justicia llega a un acuerdo con General Motors y anuncia un nuevo recurso para ayudar a los empleadores a evitar la discriminación relacionada con la inmigración en cuanto al cumplimiento con las leyes de control de exportacionesRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con General Motors (GM) que resuelve la determinación del Departamento que GM discriminó a no ciudadanos de los EE. UU., en contra de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés). Por otra parte, el Departamento anunció la publicación de una nueva hoja informativa que ayudará a los empleadores a evitar la discriminación por motivos de estatus de ciudadanía a la hora de cumplir con las leyes de control de exportaciones, las cuales gobiernan la capacidad de las empresas estadounidenses a exportar ciertos bienes y software, tecnología y datos técnicos. La investigación de GM que el Departamento realizó reveló que las infracciones de la compañía se debían, en parte, a no haber considerado adecuadamente los requisitos antidiscriminatorios de la INA en el momento de cumplir también con las leyes de control de exportaciones.
«Las leyes de control de exportaciones no justifican ni autorizan a un empleador a discriminar a no ciudadanos de los EE. UU., en contra de la ley de Inmigración y Nacionalidad», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Cuando los empleadores cometen actos discriminatorios ilegales, la División de Derechos Civiles seguirá obligándoles a rendir cuentas de sus acciones. La División de Derechos Civiles está emitiendo una nueva hoja informativa que ayudará a educar a los empleadores y promover mayor cumplimiento con las leyes antidiscriminatorias en el futuro».
Conforme los reglamentos y leyes de control de exportaciones, tales como los Reglamentos sobre el Tráfico Internacional de Armas y los Reglamentos para la Administración de Exportaciones, toda «persona en los EE. UU.» que está trabajando para una compañía estadounidense puede acceder a artículos sometidos al control de exportaciones sin la autorización del Gobierno de los EE. UU. En virtud de estas leyes, las personas en los EE. UU. incluyen a ciudadanos de los EE. UU., nacionales de los EE. UU., residentes permanentes legales, refugiados y asilados. Es posible que un empleador necesite la autorización del Departamento de Estado o el Departamento de Comercio para poder compartir o entregar artículos sometidos al control de exportaciones a trabajadores que no son «personas en los EE. UU.» Para confirmar si un empleador necesita pedir una autorización para un empleado para acceder a información sometida al control de exportaciones, puede que el empleador necesite obtener información sobre el estatus migratorio o de ciudadanía del trabajador para poder determinar si son una «persona en los EE. UU.» A este proceso se le llama una «evaluación del cumplimiento de exportaciones».
La investigación del Departamento determinó que, al menos hasta septiembre del 2021, las evaluaciones del cumplimiento de exportaciones de GM requerían, de manera innecesaria, que residentes permanentes legales proporcionaran un pasaporte extranjero vigente como condición de empleo, lo que les impuso una barrera discriminatoria durante el proceso de contratación. Y al menos desde julio del 2019 hasta mayo del 2021, GM combinó, de manera incorrecta, su proceso para verificar el permiso de los trabajadores para trabajar en los Estados Unidos con su evaluación del cumplimiento de exportaciones, lo que tuvo el efecto de que GM requirió, de forma innecesaria, que no ciudadanos de los EE. UU. que fueran recién contratados proporcionaran documentos específicos e innecesarios para demostrar su permiso para trabajar.
Conforme el acuerdo, GM pagará una sanción civil a los Estados Unidos que asciende a $365,000. Asimismo, el acuerdo requiere que GM capacite a su personal en cuanto a los requisitos de la INA, que revise sus políticas de empleo y que se someta a los requisitos de supervisión y declaración del Departamento. En concreto, GM deberá separar su proceso de verificación del permiso para trabajar en los Estados Unidos de su proceso de evaluación del cumplimiento de exportaciones y dejar de requerir que los residentes permanentes legales presenten pasaportes extranjeros como condición de su empleo.
Por lo general, la disposición antidiscriminatoria de la INA prohíbe que los empleadores discriminen por motivos de ciudadanía, estatus migratorio o nacionalidad de origen durante el proceso de contratación, lo que incluye la imposición de exigencias documentales innecesarias como condición de empleo. Asimismo, esta ley prohíbe que los empleadores pidan documentos específicos o más de los necesarios a la hora de comprobar el permiso para trabajar de un empleado por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen. Las leyes federales permiten a los trabajadores elegir los documentos válidos y legalmente aceptables que desean presentar para demostrar su identidad y permiso para trabajar, independientemente de su ciudadanía, estatus migratorio o nacionalidad de origen. Tal y como se explica en la hoja informativa que se emitió hoy, estas obligaciones del empleador no cambian cuando uno tiene que cumplir con los reglamentos y leyes de control de exportaciones.
La Sección de Derechos de Inmigrantes y Empleados de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley, por norma general, prohíbe la discriminación con base en el estatus de ciudadanía y la nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; las prácticas documentales injustas; las represalias y la intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este video corto. Para más información sobre cómo los empleadores pueden evitar la discriminación en su cumplimiento con los requisitos de control de exportaciones, vaya al sitio web de la IER. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus de ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1‑800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a inscríbase.
Durham Man Sentenced for 2021 Black Friday Shooting at the Streets at SouthpointRead the Press Release
GREENSBORO – A Durham man was sentenced yesterday to 110 months in prison, after pleading guilty to a firearms charge related to a mall shooting in the Middle District of North Carolina (MDNC), announced United States Attorney Sandra J. Hairston.
ROMEO KEVANTE PRIDE, age 27, pled guilty to one count of felon in possession of a firearm in December of 2022. According to court documents and facts found by the court at sentencing, Pride, a convicted felon, went to the Streets at Southpoint Mall in Durham on November 26, 2021, a date colloquially known as “Black Friday,” armed with a loaded .40 caliber Glock handgun. In the course of a botched attempted robbery of another mall patron, both Pride and the patron discharged handguns. Durham Police Department officers recovered a spent .40 caliber shell casing fired from Pride’s handgun and surveillance video from the mall confirmed the events. Pride and two innocent bystanders were shot during the exchange of gunfire.
PRIDE was sentenced yesterday to a 110-month term of imprisonment by the Honorable Catherine C. Eagles, United States District Judge in the United States District Court for the MDNC. In addition to prison time, PRIDE was ordered to serve a three-year term of supervised release and to pay a special assessment of $100.00.
This case was investigated by the Federal Bureau of Investigation’s Raleigh-Durham Safe Streets Task Force with assistance from the Durham Police Department and was prosecuted by Assistant United States Attorney JoAnna G. McFadden.
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Drug Enforcement Administration Announces Spring Take Back DayRead the Press Release
COLUMBIA, SOUTH CAROLINA– The Drug Enforcement Administration (DEA) has announced the date of its 24th National Prescription Drug Take Back Day. On Saturday, April 22, DEA and its partners will collect tablets, capsules, patches, and other solid forms of prescription drugs.
For more than a decade, DEA’s National Prescription Drug Take Back Day has helped Americans easily rid their homes of unneeded medications—those that are old, unwanted, or expired—that too often become a gateway to addiction.
Take Back Day offers free and anonymous disposal of unneeded medications at more than 4,000 local drop-off locations nationwide.
- What: National Prescription Drug Take Back Day
- When: Saturday, April 22 from 10 a.m. to 2 p.m. local time
- Who: DEA & Local Law Enforcement
- Where: Collection Site Search
In partnership with local law enforcement, Take Back Day has removed more than 8,300 tons of medication from circulation since its inception.
Collection sites will not accept syringes, sharps, and illicit drugs. Liquid products, such as cough syrup, should remain sealed in their original container. The cap must be tightly sealed to prevent leakage.
For more information and to find a collection site near you, visit www.DEATakeBack.com.
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Crawfordville Drug Trafficker Sentenced to 12 Years in Federal PrisonRead the Press Release
TALLAHASSEE, FLORIDA – Justin Deangelo Randolph, 38, of Crawfordville, Florida was sentenced to 12 years in federal prison after previously pleading guilty to conspiracy to possess with intent to distribute methamphetamine, distribution of methamphetamine, and possession with intent to distribute methamphetamine and fentanyl. Jason R. Coody, United States Attorney for the Northern District of Florida announced the sentence.
“The collective efforts of our local, state, and federal law enforcement partners, in particular the North Star Drug Task Force, are resulting in the removal of addictive and deadly controlled substances from our communities,” said U.S. Attorney Coody. “This sentence is further evidence of our commitment to support their efforts through the vigorous investigation and prosecution of criminals distributing drugs in North Florida.”
Randolph was part of a drug trafficking organization in the Wakulla and Leon County, Florida area that was responsible for the distribution of over 45 kilograms of methamphetamine, as well as fentanyl distributed as fake oxycodone.
“I’m proud of the hard work the Wakulla County Sheriff’s Office, the North Star Multi-Jurisdictional Drug Task Force, along with our local, state and federal partners are doing to keep our community safe,” said Wakulla County Sheriff Jared F. Miller.
“DEA’s top priority is stopping those responsible for bringing these highly addictive and destructive drugs into our communities and holding them accountable for their actions,” said Deanne L. Reuter, Special Agent in Charge of the DEA Miami Field Division. “This investigation is a testament to the strength of our relationship with our local, state, and federal law enforcement partners and underscores our commitment in keeping our Florida communities safe and healthy.”
Randolph’s imprisonment prison sentenced will be followed by 5 years of supervised release.
This conviction was the result of the collaborative efforts of numerous local, state, and federal agencies, including the North Star Drug Task Force, the Wakulla County Sheriff’s Office, the Tallahassee Police Department, the Florida Highway Patrol, and the Drug Enforcement Administration. The case was prosecuted by Assistant United States Attorney Eric Mountin.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Convicted Felon Sentenced to 8 Years in Prison for Illegally Possessing Firearms Used in Two ShootingsRead the Press Release
DETROIT – A Detroit man was sentenced yesterday to 8 years in prison for charges relating to his possession of firearms involved in two shootings in 2021, including one where he indiscriminately fired over thirty rounds at the home occupied by his domestic partner, other adults, and two children, United States Attorney Dawn N. Ison announced.
Ison was joined in the announcement by James Deir, Special Agent in Charge of the ATF in Michigan.
Jason Foley, 39, who pleaded guilty to two counts of felon in possession of a firearm, was sentenced to 96 months imprisonment by United States District Judge Nancy Edmunds.
According to court documents, on October 24, 2021, officers from the Warren Police Department recovered two loaded firearms, a Diamondback .223 caliber rifle with a drum magazine and a Smith & Wesson 9-milimeter semiautomatic pistol, from Foley’s vehicle. A firearms examiner determined that the Diamondback rifle was used in a shooting on August 4, 2021, and the 9-milimeter handgun was used in a shooting on October 9, 2021. On August 4, 2021, Foley was involved in a shooting into a home occupied by several adults and children where officers recovered thirty-one .223 caliber casings and observed at least twenty gunshots in the target home. Officers also observed gunshots in a nearby house and two vehicles. Foley was also involved in a shooting on October 9, 2021, where officers recovered ten 9-millimeter casings that had been fired by Foley at a residence. In both shootings, the intended target was Foley’s girlfriend. Foley has a history of domestic violence involving at least three different victims, including a 2016 domestic violence conviction. Foley’s felony convictions include carrying concealed weapons, felon in possession of a firearm, possession with intent to distribute cocaine base, possession of a firearm in furtherance of drug trafficking, and unlawful driving away of a motor vehicle.
“This defendant used firearms and a hail of bullets to terrorize a neighborhood and numerous citizens, including two small children,” U.S. Attorney Ison said. “This case is an example of our focused approached to removing the drivers of violence from our community to make it safe.”
“Removing violent offenders from our communities is ATF’s highest priority,” said ATF Special Agent in Charge James Deir “We are proud of our long-standing partnerships in the law enforcement community expanding efforts to disrupt and dismantle these violent criminals.”
The investigation of the case was conducted by Special Agent Kevin Rambus of the ATF, and officers with the Detroit Police Department. Assistant United States Attorney Danielle Asher prosecuted this case for the United States.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Controller Pleads Guilty to Embezzling $1.67 Million Dollars from Company and Filing False Tax ReturnsRead the Press Release
PITTSBURGH, PA - A resident of Renfrew, PA pleaded guilty in federal court to charges of wire fraud and making false statements on her tax returns, Acting United States Attorney Troy Rivetti announced today.
Constance Stobert, 57, pleaded guilty to eleven counts before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that Stobert worked as a controller for a company called Mechanical Operations Company (MOC) from 1994 until July 2021. Between January 2014 and July 2018, Stobert embezzled at least $1,678,893 in MOC’s assets to fund her gambling habit and to pay for her personal expenses. Among other things, Stobert wrote checks from MOC’s business banking accounts to make personal credit card payments and used MOC’s credit cards to withdraw cash at ATMs in casinos located in Pittsburgh and Las Vegas. Stobert also admitted that, during the tax years 2016, 2017, 2018 and 2019, she willfully and knowingly filed false tax returns, in which she failed to report the money she embezzled from MOC, resulting in a tax loss to the government of $545,990.
Judge Schwab scheduled sentencing for Sept. 12, 2023. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both, for each of the seven wire fraud counts, and a sentence of three years in prison, a fine of $250,000, or both, for each of the four counts of filing false tax returns. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Karen Gal-Or is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation conducted the investigation that led to the prosecution of Stobert.
Consultant Sentenced to More Than Four and a Half Years in Prison for Bribing City OfficialsRead the Press Release
CHICAGO — A consultant has been sentenced to more than four and a half years in federal prison for offering and providing bribes to City of Chicago officials in an effort to benefit his clients.
ROBERTO CALDERO, 70, of Chicago pleaded guilty to one count of wire fraud in September, 2022. Caldero admitted in a plea agreement that in 2016, he offered and arranged for bribes to be provided to a City of Chicago alderman and a Chicago Public Schools employee in exchange for them taking official actions to benefit Caldero’s clients, who were seeking a custodial services contract at CPS, an honorary street name designation in Chicago, and the renaming of a parcel of property believed to be a Chicago Park District park. The benefits Caldero offered the CPS employee included the prospect of future employment, champagne, discounted event space for a family event, and admission to an annual benefit for a museum. To influence the alderman, Caldero arranged for campaign contributions to be made to political organizations affiliated with the alderman or his ward. Unbeknownst to Caldero, the alderman was cooperating with the FBI.
U.S. District Judge Steven Seeger sentenced Caldero to 57-months on April 14, 2023.
The sentence is announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois and Robert W. Wheeler, Jr., Special Agent-in-Charge of the Chicago Field Office of the Federal Bureau of Investigation. Chicago Public Schools Office of Inspector General participated in the investigation. The government is represented by Assistant U.S. Attorney’s Michelle Kramer and Amarjeet Bhachu.
Connecticut Behavioral Health Clinician Group Pays $234K to Settle False Claims AllegationsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and William Tong, Connecticut Attorney General, today announced that KELLY STUTZMAN (“Stutzman”), and her business, K-ASSIST, LLC (“K-Assist”), entered into a civil settlement agreement with the federal and state governments and paid more than $234,000 to resolve allegations that they violated the federal and state False Claims Acts.
K-Assist is a private behavioral health practice that provided in-home behavioral health services in the greater New Haven area. K-Assist is enrolled as a Behavioral Health Clinician Group and Stutzman is enrolled as a Professional Counselor in the Connecticut Medical Assistance Program (“CMAP”), which includes the state’s Medicaid program.
The Government alleged in its civil investigation that Stutzman and K-Assist submitted fraudulent claims to Medicaid for psychotherapy services. Stutzman and K-Assist falsely represented that a licensed provider had rendered the services when, in fact, an unlicensed individual rendered the services. To resolve the allegations under the federal and state False Claims Acts, Stutzman and K-Assist agreed to pay $234,064.89 in order to reimburse the Medicaid program for conduct occurring from February 1, 2018 through August 1, 2019.
Under the False Claims Act, the government can recover up to three times its actual damages, plus penalties of $13,085 to $27,018 for each false claim.
In a separate state criminal proceeding, Stutzman pleaded nolo contendre to health insurance fraud. As part of that plea, Stutzman agreed to pay $63,764.23 in restitution and be subject to a three-year suspended jail sentence and five-year conditional discharge.
This case stems from a larger investigation into fraudulent activity in the area of behavioral health services, which has been jointly conducted by the Office of the Inspector General of the U.S. Department of Health and Human Services, the Medicaid Fraud Control Unit of the Chief State’s Attorney’s Office and the Connecticut Office of the Attorney General, with support from the Connecticut Department of Social Services.
This case was handled by Assistant U.S. Attorney Anne Thidemann, and Assistant Attorney General Joshua L. Jackson of the Connecticut Office of the Attorney General.
People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS or the Health Care Fraud Task Force at (203) 777-6311.
Columbia County Convicted Felon Indicted on Narcotics and Firearms ChargesRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Kristofferson Farmer, Jr. (22, Lake City) with possessing with the intent to distribute alpha-PVP (a.k.a. flakka) and fentanyl, both controlled substances. Additionally, he was charged with possessing a firearm in furtherance of those drug trafficking offenses. Farmer, a previously convicted felon, is also charged with possessing two Glock pistols and an AR-15 rifle after being convicted of offenses in Columbia County in 2018. If convicted, Farmer faces a minimum mandatory penalty of 5 years, up to life, in federal prison.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This investigation began with the Columbia County Sheriff’s Office’s Task Force, and the case was then further investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Columbia County Sheriff’s Office, and the Lake City Police Department. The case is being prosecuted by Assistant United States Attorney John Cannizzaro. The forfeiture is being handled by Assistant United States Attorney Mai Tran.
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.
Download IndictmentClay County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Todd Jeffery Ullum, 33, of Maysel, was sentenced today to three years and one month in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on September 15, 2021, a law enforcement officer encountered Ullum at the Clay-Maysel GoMart with a handgun in the back of his pants. When Ullum saw the officer, he attempted to flee in a vehicle. The officer ordered Ullum to stop and recovered the handgun, a loaded 9mm Short Hungarian pistol, as well as a loaded Remington 597 .22-caliber Magnum rifle from the vehicle.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Ullum was prohibited from possessing a firearm because of his felony conviction for grand larceny in Kanawha County Circuit Court on May 7, 2015.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Clay County Sheriff’s Department.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorneys Troy D. Adams and R. Gregory McVey prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-36.
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Civil War Reenactor Admits to Planting Bomb at Cedar Creek BattlefieldRead the Press Release
HARRISONBURG, Va. – Gerald Leonard Drake, a Winchester, Virginia man and former Civil War reenactor, pleaded guilty yesterday to mailing threatening letters and planting a pipe bomb at the Cedar Creek Battlefield in Middletown, Virginia during a Civil War reenactment event in 2017. In the mailings sent to victims and two newspapers, Drake purported to be a member of Antifa and threatened harm, including referencing the Unite the Right riots in Charlottesville.
Drake, 63, pleaded guilty yesterday to possession of an unregistered explosive device and stalking.
“Our highest priority at the Department of Justice is to keep our nation safe. This defendant sought to intimidate and harm innocent people, and further, he tried to sow discontent by falsely claiming that the attempted bombing was politically motivated,” United States Attorney Christopher R. Kavanaugh said today. “I am deeply grateful to the first responders for their work to quickly neutralize the bomb, as well as the special agents of the FBI and the federal prosecutors who – for years – tirelessly worked this case to identify Mr. Drake and bring him to justice.”
“The mission of the FBI is to protect the American people. Those who seek to instill fear and cause harm will be investigated and held accountable for their actions. Mr. Drake's plea is representative of the FBI, state and local law enforcement's cooperative efforts to keep our communities safe. We implore anyone who may have information about similar crimes or potential threats to contact law enforcement immediately,” said Stanley M. Meador, Special Agent in Charge of the FBI Richmond Division.
According to court documents, Drake belonged to a reenactment unit that participated in the annual reenactment at Cedar Creek Battlefield until he was removed from his unit in 2014. In later years, Drake volunteered with the Cedar Creek Battlefield Foundation (CCBF), which is a non-profit organization dedicated to the preservation of history related to the Cedar Creek Battlefield and which hosts an annual reenactment attended by merchants, reenactors, and visitors.
On September 23, 2017, a letter was received at the CCBF visitor center addressed to “Cedar Creek Battlefield people.” The envelope and its letter both bore a printed Antifa symbol depicting a black flag overlayed atop a red flag inside of a circle. The letter claimed the reenactment event “clearly celebrates the war to keep African-Americans in chains,” and warned the reenactment organizers that if the event was not cancelled, the trouble Antifa would inflict on Cedar Creek Battlefield would make the riots that took place in Charlottesville in August look like “a Sunday picnic.”
On October 14, 2017, the CCBF hosted the planned 153rd anniversary and reenactment of the Battle of Cedar Creek. During the afternoon hours, as the reenactment of the battle was coming to an end, an unexploded pipe bomb was discovered in one of the merchant tents. The pipe bomb contained metal nuts, a mercury switch, a battery, ball bearings, black and red wires, powder, and other items.
Deputies from the Frederick County Sheriff’s Office responded to the scene to investigate and seize the explosive device, which was later rendered safe by Virginia State Police. Due to its discovery, however, all remaining reenactment activities were cancelled, and individuals were evacuated from the area.
Following this incident, Drake continued writing letters purporting to be sent by Antifa, including letters to the CCBF, its board members, an individual associated with Civil War reenactments, and news publications. During this same time frame, Drake continued to volunteer with the CCBF.
Drake admitted today that he manufactured the pipe bomb using a metal pipe nipple, metal nuts, a 9-volt battery, black and red wires, and a mercury switch. The bomb contained powder, Pryodez, and BBs. Drake admitted to placing the bomb at Cedar Creek Battlefield to instill fear and cause harm to those attending the reenactment.
In addition, Drake admitted today to being the author of the threatening letters sent to members of the CCBF and various news agencies between September 2017 and December 2018. Those letters included threats of violence and sexual assault against members of the CCBF and their family.
At sentencing, Drake faces a maximum penalty of up to 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Federal Bureau of Investigation, the Virginia State Police, Frederick County Sheriff’s Office, and the Middletown Police Department participated in the investigation.
United States Attorney Christopher R. Kavanaugh for the Western District of Virginia and Assistant U.S. Attorneys Katie Burroughs Medearis, Melanie Smith, and Cagle Juhan are prosecuting the case.
California Man Indicted for Importing More Than 100 Pounds of Methamphetamine from MexicoRead the Press Release
PHOENIX, Ariz. – David Daniel Gallegos, 21, of Pomona, California, was indicted last week on two counts: Importation of Methamphetamine and Possession with Intent to Distribute Methamphetamine.
The United States alleges that, on March 14, 2023, Gallegos applied for admission into the United States from Mexico via a vehicle lane at the San Luis Port of Entry in San Luis, Arizona. United States Customs and Border Protection officers conducted an inspection that revealed a total of 103 packages hidden within the vehicle’s doors, rear quarter panel, and center console. The total weight of the packages was 104.47 pounds, and they contained a white substance that field tested positive for the presence of methamphetamine.
Each count carries a maximum sentence of 20 years in prison, a fine of up to $1,000,000, and up to lifetime supervised release.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
Homeland Security Investigations, Yuma Office, is conducting the investigation in this case. Assistant United States Attorney Joseph K. Nwoga, District of Arizona, Yuma, is handling the prosecution.
CASE NUMBER: CR-23-00553-DLR
RELEASE NUMBER: 2023-055_Gallegos# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Brooklyn Federal Correctional Officer Charged with BriberyRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging Quandelle Joseph, a correctional officer currently employed by the United States Bureau of Prisons (BOP), with receiving bribes in exchange for providing contraband to prison inmates at the Metropolitan Detention Center (MDC) in Brooklyn. Joseph was arrested this morning in Brooklyn, and his initial appearance was this afternoon before United States Magistrate Judge James R. Cho and he was released on $50,000 bond pending trial.
Breon Peace, United States Attorney for the Eastern District of New York, Ryan T. Geach, Special Agent-in-Charge, United States Department of Justice, Office of Inspector General, New York Field Office (DOJ-OIG), and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the arrest and charges.
“As alleged, the defendant violated his duty as a correction officer and accepted tens of thousands of dollars in bribes to smuggle contraband into the Metropolitan Detention Center,” stated United States Attorney Peace. “By accepting bribes, the defendant violated the public’s trust and promoted conditions that risked the safety of the officers and inmates in the MDC. This Office will continue rooting out corruption at our federal and local jails, and holding corrupt public officials accountable.”
“As alleged, Joseph’s corrupt actions of accepting bribes to smuggle contraband into MDC Brooklyn endangered his fellow correctional officers, inmates, and the public. The Department of Justice Office of the Inspector General is committed to rooting out these kinds of dangerous schemes,” stated DOJ-OIG Special Agent-in-Charge Geach.
“We allege the defendant participated in a scheme to smuggle contraband into a federal prison in exchange for money, breaking not only his oath of duty but also the law. The defendant’s actions put both the inmates of MDC and his fellow correctional officers at risk. The FBI will continue to ensure corrupt individuals abusing the authority given to them by the public are held responsible in the criminal justice system,” stated FBI Assistant Director-in-Charge Driscoll.
As alleged in the complaint, Joseph became a correctional officer at the MDC in May 2020. During his employment, Joseph accepted tens of thousands of dollars from at least two different inmates to smuggle narcotics, cigarettes, and cell phones into the MDC. In one instance, Joseph entered a unit he was not guarding during a lockdown, opened an inmate’s cell and provided him with contraband. A few hours later, MDC staff smelled marijuana in that inmate’s cell and recovered a contraband cell phone from the cell during a search; the inmate had flushed the marijuana down the toilet prior to the search. In June 2020, Joseph texted the inmate’s contact outside the facility that the inmate owed him $12,000. Joseph also used a “burner” telephone to communicate with another inmate about the bribery scheme and warn him about upcoming contraband searches. For example, on January 26, 2021, Joseph texted an inmate from whom he was receiving bribes, “[t]ighten up search comin clean phones out call logs n text n try to stash it.” The next day, Joseph texted the inmate, “keep your phones cleannnnnnnnnn erase texts and call logs every night.”
The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Joseph faces a maximum sentence of fifteen years’ imprisonment.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorneys Philip Pilmar and Marietou Diouf are in charge of the prosecution.
The Defendant:
QUANDELLE JOSEPH
Age: 32
Brooklyn, NYE.D.N.Y. Docket No. 23-MJ-359
Bank Robber Gets 50 Years in Prison for Murdering Security GuardRead the Press Release
EAST ST. LOUIS – A U.S. District Court judge sentenced a St. Louis man to a total of 50 years in federal prison after he murdered a security guard during a bank robbery in East St. Louis in August 2021.
Jaylan Quinn, 23, pled guilty to one count of bank robbery and one count of using a firearm to commit murder during and in relation to a crime of violence. After his imprisonment, the defendant will serve five years of supervised release. Quinn was also ordered to pay $7,280 in restitution.
“Although this sentence won’t bring back Ted Horn, it’s a small sigh of relief that the man responsible for taking his life will spend the foreseeable future in federal prison for his crimes,” said U.S. Attorney Rachelle Aud Crowe. “Swift action by the FBI, the Illinois State Police and the East St. Louis Police Department led to this successful investigation, and I applaud their efforts to remove this dangerous, uncivilized criminal from society.”
FBI Springfield Field Office Special Agent in Charge David Nanz said, “Today’s significant sentence reflects the severity of Jaylan Quinn’s actions. And while it brings a conclusion to this case, the loss experienced by the family of Ted Horn will last a lifetime. We hope that in some way today’s sentence provides a degree of comfort for the victim’s family.”
“Strong and swift investigation by law enforcement, working with the justice system, enabled us to send a convicted murderer to prison,” said ISP Zone 6 Commander Lt. Mike Lewis. “The Illinois State Police will continue working with our local and federal law enforcement partners, and the U.S. Attorney’s Office, to ensure those breaking the law are held accountable.”
According to court documents, Quinn and Andrew R. Brinkley, 21 of St. Louis, Missouri, entered First Bank in East St. Louis located at 350 River Park Dr. around 4 p.m. on Aug. 27, 2021. Wearing masks, the pair approached the teller and displayed a demand note. The note read, “I GOT A BOMB STRAPPED TO MY CHEST PUT ALL THE MONEY IN OR EVERYONE DIE.” After receiving funds, the two men ran toward the door.
Ted Horn, 56, of St. Libory, Illinois, was working at the bank as a uniformed security guard and followed the men to observe, but Quinn drew a semi-automatic handgun and fatally shot Horn in the head. The robbers then fled in a white Lexus sedan. Horn was pronounced dead at the scene.
Bank surveillance video quickly led to the identification of Brinkley as a suspect. By 2 p.m. the next day, FBI agents arrested Brinkley and Quinn at Brinkley’s residence in St. Louis.
Agents executed a search warrant at the residence and recovered a loaded 9mm handgun, two marked bills that were taken during the First Bank robbery and clothing that matched the description of the robbers. A white Lexus sedan was found parked at the residence.
Brinkley was sentenced to 20 years in prison on Jan. 12, 2023. He was ordered to pay $7,280 in restitution and will serve three years of supervised release following his prison sentence.
The FBI-Springfield Field Office led the investigation with assistance from the Illinois State Police and the East St. Louis Police Department. Assistant U.S. Attorneys Laura Reppert and Ali Burns prosecuted the case.
Ansonia Man Sentenced to 44 Months in Federal Prison for Drug Offense, Violating Supervised ReleaseRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that JEVAUGHN WATSON, also known as “Russ,” 29, of Ansonia, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 44 months of imprisonment, followed by three years of supervised release, for a drug trafficking offense, and for violating the conditions of his supervised release that followed a previous federal conviction.
This matter stems from an investigation led by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force into a drug trafficking organization headed by Tajh Wiley, also known as “Yung,” of Norwalk. The investigation, which included a court-authorized wiretap of Wiley’s phone, revealed that Wiley conspired to distribute quantities of fentanyl, cocaine and marijuana and distributed drugs throughout Connecticut and elsewhere with the assistance of other associates.
Wiley, Watson, and six others were arrested in June 2021. In association with the arrests, investigators executed multiple search warrants and seized approximately a kilogram of fentanyl, a kilogram of cocaine, approximately 83 grams of crack cocaine, more than 12 pounds of marijuana, two press machines and other items and materials used by Wiley and his co-conspirators to process and package illegal drugs. Investigators also seized from Wiley jewelry valued at more than $100,000, and a 2021 Mercedes-Benz valued at approximately $146,000.
On July 25, 2022, a jury found Wiley guilty of one count of conspiracy to distribute, and to possess with intent to distribute, fentanyl, 500 grams or more of cocaine, and marijuana, and one count of possession with intent to distribute cocaine base (“crack cocaine”). The jury found Watson guilty of one count of conspiracy to distribute, and to possess with intent to distribute marijuana.
On February 23, 2017, Watson was sentenced in Hartford federal court to 46 months of imprisonment and three years of supervised release for distributing heroin to a 25-year-old woman who subsequently died of an overdose in August 2016. He was released from prison in February 2020 and was on supervised release when he participated in Wiley’s drug trafficking conspiracy.
Watson has been detained since his arrest on June 9, 2021.
On December 28, 2022, Judge Arterton sentenced Wiley to 12 years of imprisonment.
This investigation has been conducted by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force, Federal Bureau of Investigation, Bridgeport Police Department, Fairfield Police Department, Norwalk Police Department, Stamford Police Department, Stratford Police Department, Yonkers (New York) Police Department and the U.S. Marshals Service. The HIDTA Task Force includes personnel from the DEA Bridgeport Resident Office, the Connecticut State Police, and the Bridgeport, Norwalk, Stamford, Stratford, Milford and Danbury Police Departments.
This case is being prosecuted by Assistant U.S. Attorneys Elena L. Coronado, Robert S. Dearington, Patrick J. Doherty, and Margaret M. Donovan through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Alleged Kidnapper Competent to Stand TrialRead the Press Release
Evidence Shows Defendant Faking Incompetency
GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten for the Western District of Michigan today announced that U.S. Magistrate Judge Ray Kent found Gerald Bennett, 63, of Detroit, competent to stand trial for kidnapping a minor in 2018.
“Today’s ruling is an important step forward,” said U.S. Attorney Totten. “My office is prepared to prove these allegations against Mr. Bennett as we seek justice for the victim’s family.”
In August of 2022, a federal grand jury charged Bennett with kidnapping a minor in 2018. Bennett’s trial was subsequently delayed so he could undergo an evaluation for mental competency.
During today’s hearing, Judge Kent considered evidence prepared by Dr. Leticia Armstrong, a forensic psychologist from the Bureau of Prisons. Dr. Armstrong concluded that Bennett understood the nature of the proceedings against him and was able to participate in his own defense. The court noted Dr. Armstrong’s finding that, “there is evidence to suggest the defendant is feigning symptomology, or exaggerating, with the goal of being found incompetent to stand trial . . . .” As Dr. Armstrong explained in her report, Bennett’s “attempt to feign and exaggerate during the current evaluation evidenced higher ordered, complex thinking.” After considering this evidence, Judge Kent ruled that Bennett was competent.
The Court’s ruling allows the case to proceed to trial. If convicted of the offense, Bennett will face a minimum term of 20 years and a maximum of life in prison. If released from prison, Bennett must serve at least 5 years on supervised release and could spend the rest of his life under the court’s supervision.
The court’s ruling is the most recent event in a case that has been unfolding since 2017. The Kent County Prosecutor’s Office charged Gerald Bennett and Quinn James with murder of the minor victim in a related case. James proceeded to trial and was convicted of both the rape and murder of the minor victim, and he was sentenced to life in prison without the chance of parole. After considering conflicting expert testimony, the judge presiding over the case found Bennett was mentally impaired and adjudicated him incompetent. Afterwards, Bennett’s state charges were dismissed, and he was freed without conditions in March of 2022.
The case was then referred to the FBI and the U.S. Attorney’s Office for consideration of federal charges. In July 2022, Bennett was arrested on a federal criminal complaint for kidnapping a minor and was formally charged by a federal grand jury by indictment on August 9, 2022. The court will schedule Bennett’s arraignment, detention hearing, and trial at a later date.
This case is being prosecuted by Assistant U.S. Attorneys Daniel Mekaru and Austin Hakes and investigated by the Grand Rapids Police Department and the FBI in cooperation with the Kent County Prosecutor’s Office.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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22-Year-Old Man Pleads Guilty to Assault on a Federal Officer and Improper EntryRead the Press Release
TUCSON, Ariz. – Hugo Alexander Garcia-Sales, 22, of Guatemala, pleaded guilty last week to one count of Assault on a Federal Officer With a Deadly Weapon or Dangerous Instrument and one count of Improper Entry by an Alien.
On October 13, 2022, Garcia-Sales assaulted a United States Customs and Border Protection helicopter pilot by throwing five softball-sized rocks at the helicopter. Although Garcia-Sales failed to hit the helicopter, one rock came within several feet of striking the aircraft. As part of his plea agreement, Garcia-Sales admitted that striking the helicopter with any of the rocks could have caused the aircraft to crash. Additionally, Garcia-Sales admitted that he is not an American citizen, and that he entered the country without legal permission to enter or remain in the United States.
Sentencing is scheduled for June 21, 2023, before United States District Judge Rosemary Márquez.
Customs and Border Protection’s United States Border Patrol conducted the investigation in this case. Assistant United States Attorney Nathaniel J. Walters, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-22-02445-RM-BGM
RELEASE NUMBER: 2023-054_Garcia-Sales# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Monday 17 April 2023
名中國國家員警被控實施針對美國居民的跨國鎮壓陰謀Read the Press Release
美國紐約東區檢察官辦公室今天在布魯克林聯邦法院公佈兩起刑事訴訟,指控 44 名被告犯有與中華人民共和國國家員警—公安部(MPS)騷擾居住在紐約大都市區和美國其他地區的中國公民有關的各種罪行。被告包括 40 名公安部官員和兩名中國網信辦官員。他們涉嫌對政治觀點和行為(例如在中國宣導民主)不受中國政府青睞的美國居民實施跨國鎮壓陰謀。
在這兩項陰謀中,被告創建並使用虛假社交媒體帳戶,騷擾和恐嚇居住在國外的中國異見者,並試圖壓制異見者在一家美國電信公司(公司1)平臺上的言論自由。據信,這些陰謀中受控的被告居住在中國或亞洲其他地方,並且仍然在逃。
美國司法部國家安全司助理司法部長馬修·奧爾森說:“這些案件表明,中華人民共和國政府會竭盡全力,壓制和騷擾那些行使基本權利公開反對中華人民共和國壓迫的美國人士,包括非法利用一家總部位於美國的科技公司。” “此類行為違反了我們的法律,是對我們民主價值觀和基本人權的侮辱。”
美國聯邦調查局反情報司代理助理主任庫爾特·羅諾(Kurt Ronnow)表示:“中國公安部利用特工,針對那些有勇氣公開反對中國共產黨的華裔人士,其中一種是秘密傳播宣傳,破壞人們對我們民主進程的信心,另一種是壓制美國視頻會議用戶的言論自由。” “我們不會容忍中共在美國的鎮壓—即其威脅、騷擾和恐嚇人民的行為。聯邦調查局將繼續對抗中國政府違反我們法律並壓制我國人民權利和自由的行為。”
披露:紐約東區美國檢察官布倫·皮士(Breon Peace) 回避本案,未參與美國訴朱利安·金(Julien Jin) 等人 (20-mj-1103) 的案件。
美國訴白雲鵬等人。
該兩項罪名起訴書指控 34 名公安部官員串謀傳播州際威脅和串謀進行州際騷擾。據信所有被告均居住在中國,但仍然在逃。
據指控,這些官員與北京市公安局合作,目前或曾經被分配到一個名為“912特別項目工作組”(簡稱“工作組”)的精英特遣隊。該工作組的目的,是對付世界各地(包括美國)的中國異見者。
紐約東區美國檢察官布倫·皮斯表示:“正如所指控,中國政府部署國家員警和912特別項目工作組不是作為維護法律和保護公共安全的工具,而是作為一個酸民農場,對在我國以其認為令人不快的方式行使言論自由的人實施攻擊,並進行宣傳,其唯一目的是在美國境內煽動分裂。” “我讚揚調查團隊,因為其全面揭露了一項針對美國居民的國家主導犯罪陰謀的陰險性。”
起訴書列出該工作組成員如何在推特等社交媒體網站上創建數千個虛假網路角色,通過線上騷擾和威脅,針對中國異見者。此類網路人物還傳播中華人民共和國政府的官方宣傳和敍事,以對抗中國異見人士的民主言論。例如,據稱,工作組成員通過臨時電子郵件,創建和維護虛假社交媒體帳戶,發佈中國政府官方內容,並與其他線上用戶互動,以避免工作組帳戶涉嫌“淹沒”特定社交媒體平臺。工作組跟蹤成員履行線上職責的表現,並在成功運營多個線上角色的工作組成員,而不會被託管平臺的社交媒體公司或平臺的其他用戶發現時對其獎勵。
調查還發現,公安部官方要求該工作組成員根據某些主題撰寫文章和視頻,例如針對海外中國異見者的活動或美國政府的政策。
據稱,被告還試圖通過傳播中華人民共和國政府的宣傳或敍事,招募美國人在不知情的情況下,充當中華人民共和國政府的代理人。被告多次利用網路角色聯繫被評估為同情和支持中國政府言論的個人,並要求這些人傳播工作組內容。
此外,該工作組成員多次採取明確的行動,將中國異見者及其會議從公司1的平臺上刪除。例如,該工作組成員通過平臺的聊天功能,發佈針對參與者的威脅,擾亂了異見者通過視頻會議,紀念天安門廣場大屠殺的努力。在中國異見者組織的另一場以反共為主題的第一連視頻會議中,工作組成員擠滿了視頻會議,大聲的音樂、粗俗的尖叫聲和針對民主派參與者的威脅淹沒了會議。
美國訴 朱利安·金等人。
該修訂後起訴書指控 10 名人士,包括一名前駐中華人民共和國 公司1 員工、六名公安部官員和兩名網信辦官員,串謀實施州際騷擾和非法串謀實施轉移身份識別手段。據信,其中九名被告居住在中國,目前仍在逃。據信第十名被告居住在印尼或中國,並且仍然在逃。
紐約東區美國第一助理檢察官波科尼(Pokorny)說:“對一名美國電信公司前駐中國員工提出的修訂後起訴書中的指控表明,在中國運營的美國公司面臨著內部威脅。”他感謝公司1 在政府調查中的合作。 “據指控,朱利安·金及其在中國公安部和網信辦的同謀將雇傭他的美國電信公司武器化,以恐嚇和壓制異見者並執行中國法律,從而損害了紐約等地的中國活動人士的利益,後者我國尋求庇護,以和平方式表達其民主觀點。”
“此類案件表明,中國共產黨再次試圖恐嚇、騷擾和鎮壓在美國的中國異見者,”聯邦調查局華盛頓辦事處助理主任大衛·桑德伯格(David Sundberg)說。 “在美國,言論自由是我們民主的基石,聯邦調查局將不懈努力,捍衛每個人對自由言論的權利,而不必擔心中共的報復。這些複雜的調查揭示,公安部通過利用美國通訊平臺和虛假社交媒體帳戶審查政治和宗教言論來鎮壓個人。”
2020 年 12 月,該部門首次宣佈對朱利安•金提出指控,罪名是他努力擾亂 2020 年 5 月和 6 月在公司1 平臺上舉行的一系列紀念 1989 年天安門廣場大屠殺的會議。 金擔任公司1 與中國政府執法和情報部門的主要聯絡人。在那個角色中,他定期回應中國政府的要求,終止會議並遮罩公司1 視頻通信平臺上的用戶。
正如原起訴書詳細描述,金和其他人在中國政府的指示下,合謀使用公司1 的美國系統,審查位於美國和其他地區人士的政治和宗教言論。例如,金和其他人擾亂了公司1 平臺上舉行的會議,討論中國政府不可接受的政治敏感話題,包括天安門廣場大屠殺。金及其同謀捏造了所謂不當行為的證據,導致公司1 的美國員工終止會議。
經修訂起訴書中的指控顯示,金與公安部和網信辦的被告直接合作,並接受被告的命令,擾亂公司1 平臺上的會議,且同案被告自 2018 年以來,始終對付在美異見者在公司1 平臺上的言論。
從 2018 年起,金和他的同案被告多次試圖終止一名居住在紐約市的中國異見人士組織的視頻聊天會議,該人士一直直言不諱地批評中國政府和中國共產黨。在 網信辦要求公司1 終止異見者在公司1 平臺上的會議後,金努力查明與異見者相關的所有帳戶,使與異見者相關的會議在“隔離區”(即回應時間已知滯後的伺服器上)舉行,隨後努力封鎖與異見者相關的所有帳戶。同樣,2019 年,金與公安部和網信辦合作,封鎖了紀念天安門廣場大屠殺的帳戶。
聯邦調查局華盛頓辦事處對上述案件進行了調查。
紐約東區的美國助理檢察官亞歷山大·所羅門 (Alexander A. Solomon)、安托瓦內特·蘭格爾 (Antoinette N. Rangel)、伊恩·理查森 (Ian C. Richardson)、尼古拉斯·莫斯科 (Nicholas J. Moscow) 和潔西嘉·威格爾 (Jessica K. Weigel) 以及國家安全部反情報和出口管制科的審判律師斯科特·克拉菲 (Scott A. Claffee) 正在起訴這些案件。
聯邦調查局創建了一個網站,供受害者舉報外國政府跟蹤、恐嚇或襲擊美國民眾的行為。請訪問: www.fbi.gov/investigate/counterintelligence/transnational-repression 。
名中国国家警察被控实施针对美国居民的跨国镇压阴谋Read the Press Release
美国纽约东区检察官办公室今天在布鲁克林联邦法院公布两起刑事诉讼,指控 44 名被告犯有与中华人民共和国国家警察—公安部(MPS)骚扰居住在纽约大都市区和美国其他地区的中国公民有关的各种罪行。被告包括 40 名公安部官员和两名中国网信办官员。他们涉嫌对政治观点和行为(例如在中国倡导民主)不受中国政府青睐的美国居民实施跨国镇压阴谋。
在这两项阴谋中,被告创建并使用虚假社交媒体账户,骚扰和恐吓居住在国外的中国持不同政见者,并试图压制持不同政见者在一家美国电信公司(公司1)平台上的言论自由。据信,这些阴谋中受控的被告居住在中国或亚洲其他地方,并且仍然在逃。
美国司法部国家安全司助理司法部长马修·奥尔森说:“这些案件表明,中华人民共和国政府会竭尽全力,压制和骚扰那些行使基本权利公开反对中华人民共和国压迫的美国人士,包括非法利用一家总部位于美国的科技公司。” “此类行为违反了我们的法律,是对我们民主价值观和基本人权的侮辱。”
美国联邦调查局反情报司代理助理主任库尔特·罗诺(Kurt Ronnow)表示:“中国公安部利用特工,针对那些有勇气公开反对中国共产党的华裔人士,其中一种是秘密传播宣传,破坏人们对我们民主进程的信心,另一种是压制美国视频会议用户的言论自由。” “我们不会容忍中共在美国的镇压—即其威胁、骚扰和恐吓人民的行为。联邦调查局将继续对抗中国政府违反我们法律并压制我国人民权利和自由的行为。”
披露:纽约东区美国检察官布伦·皮士(Breon Peace) 回避本案,未参与美国诉朱利安·金(Julien Jin) 等人 (20-mj-1103) 的案件。
美国诉白云鹏等人。
该两项罪名起诉书指控 34 名公安部官员串谋传播州际威胁和串谋进行州际骚扰。据信所有被告均居住在中国,但仍然在逃。
据指控,这些官员与北京市公安局合作,目前或曾经被分配到一个名为“912特别项目工作组”(简称“工作组”)的精英特遣队。该工作组的目的,是对付世界各地(包括美国)的中国持不同政见者。
纽约东区美国检察官布伦·皮斯表示:“正如所指控,中国政府部署国家警察和912特别项目工作组不是作为维护法律和保护公共安全的工具,而是作为一个酸民农场,对在我国以其认为令人不快的方式行使言论自由的人实施攻击,并进行宣传,其唯一目的是在美国境内煽动分裂。” “我赞扬调查团队,因为其全面揭露了一项针对美国居民的国家主导犯罪阴谋的阴险性。”
起诉书列出该工作组成员如何在推特等社交媒体网站上创建数千个虚假网络角色,通过在线骚扰和威胁,针对中国持不同政见者。此类网络人物还传播中华人民共和国政府的官方宣传和叙事,以对抗中国持不同政见人士的民主言论。例如,据称,工作组成员通过临时电子邮件,创建和维护虚假社交媒体帐户,发布中国政府官方内容,并与其他在线用户互动,以避免工作组账户涉嫌“淹没”特定社交媒体平台。工作组跟踪成员履行在线职责的表现,并在成功运营多个在线角色的工作组成员,而不会被托管平台的社交媒体公司或平台的其他用户发现时对其奖励。
调查还发现,公安部官方要求该工作组成员根据某些主题撰写文章和视频,例如针对海外中国持不同政见者的活动或美国政府的政策。
据称,被告还试图通过传播中华人民共和国政府的宣传或叙事,招募美国人在不知情的情况下,充当中华人民共和国政府的代理人。被告多次利用网络角色联系被评估为同情和支持中国政府言论的个人,并要求这些人传播工作组内容。
此外,该工作组成员多次采取明确的行动,将中国持不同政见者及其会议从公司1的平台上删除。例如,该工作组成员通过平台的聊天功能,发布针对参与者的威胁,扰乱了持不同政见者通过视频会议,纪念天安门广场大屠杀的努力。在中国持不同政见者组织的另一场以反共为主题的第一连视频会议中,工作组成员挤满了视频会议,大声的音乐、粗俗的尖叫声和针对民主派参与者的威胁淹没了会议。
美国诉 朱利安·金等人。
该修订后起诉书指控 10 名人士,包括一名前驻中华人民共和国 公司1 员工、六名公安部官员和两名网信办官员,串谋实施州际骚扰和非法串谋实施转移身份识别手段。据信,其中九名被告居住在中国,目前仍在逃。据信第十名被告居住在印度尼西亚或中国,并且仍然在逃。
纽约东区美国第一助理检察官波科尼( Pokorny)说:“对一名美国电信公司前驻中国员工提出的修订后起诉书中的指控表明,在中国运营的美国公司面临着内部威胁。”他感谢公司1 在政府调查中的合作。 “据指控,朱利安·金及其在中国公安部和网信办的同谋将雇佣他的美国电信公司武器化,以恐吓和压制持不同政见者并执行中国法律,从而损害了纽约等地的中国活动人士的利益,后者我国寻求庇护,以和平方式表达其民主观点。”
“此类案件表明,中国共产党再次试图恐吓、骚扰和镇压在美国的中国持不同政见者,”联邦调查局华盛顿办事处助理主任大卫·桑德伯格(David Sundberg)说。 “在美国,言论自由是我们民主的基石,联邦调查局将不懈努力,捍卫每个人对自由言论的权利,而不必担心中共的报复。这些复杂的调查揭示,公安部通过利用美国通讯平台和虚假社交媒体账户审查政治和宗教言论来镇压个人。”
2020 年 12 月,该部门首次宣布对朱利安•金提出指控,罪名是他努力扰乱 2020 年 5 月和 6 月在公司1 平台上举行的一系列纪念 1989 年天安门广场大屠杀的会议。 金担任公司1 与中国政府执法和情报部门的主要联络人。在那个角色中,他定期响应中国政府的要求,终止会议并屏蔽公司1 视频通信平台上的用户。
正如原起诉书详细描述,金和其他人在中国政府的指示下,合谋使用公司1 的美国系统,审查位于美国和其他地区人士的政治和宗教言论。例如,金和其他人扰乱了公司1 平台上举行的会议,讨论中国政府不可接受的政治敏感话题,包括天安门广场大屠杀。金及其同谋捏造了所谓不当行为的证据,导致公司1 的美国员工终止会议。
经修订起诉书中的指控显示,金与公安部和网信办的被告直接合作,并接受被告的命令,扰乱公司1 平台上的会议,且同案被告自 2018 年以来,始终对付在美持不同政见者在公司1 平台上的言论。
从 2018 年起,金和他的同案被告多次试图终止一名居住在纽约市的中国持不同政见人士组织的视频聊天会议,该人士一直直言不讳地批评中国政府和中国共产党。在 网信办要求公司1 终止持不同政见者在公司1 平台上的会议后,金努力查明与持不同政见者相关的所有帐户,使与持不同政见者相关的会议在“隔离区”(即响应时间已知滞后的服务器上)举行,随后努力封锁与持不同政见者相关的所有帐户。同样,2019 年,金与公安部和网信办合作,封锁了纪念天安门广场大屠杀的账户。
联邦调查局华盛顿办事处对上述案件进行了调查。
纽约东区的美国助理检察官亚历山大·所罗门 (Alexander A. Solomon)、安托瓦内特·兰格尔 (Antoinette N. Rangel)、伊恩·理查森 (Ian C. Richardson)、尼古拉斯·莫斯科 (Nicholas J. Moscow) 和杰西卡·威格尔 (Jessica K. Weigel) 以及国家安全部反情报和出口管制科的审判律师斯科特·克拉菲 (Scott A. Claffee) 正在起诉这些案件。
联邦调查局创建了一个网站,供受害者举报外国政府跟踪、恐吓或袭击美国民众的行为。请访问: www.fbi.gov/investigate/counterintelligence/transnational-repression 。