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31 May 2023
Clearfield Man Sentenced to 120 Months in Prison and 5 Years of Supervised Release for Conspiring to Distribute MethamphetamineRead the Press Release
JOHNSTOWN, Pa. – A former resident of Clearfield, PA, has been sentenced in federal court to a total of 120 months in prison followed by 5 years of supervised release on his conviction of conspiracy to distribute methamphetamine, Acting United States Attorney Troy Rivetti announced today.
Senior United States District Judge Kim R. Gibson imposed the sentence on Andrew Knepp, age 45, of Clearfield, Pennsylvania.
According to information presented to the court, from July 2019 to June 2020, Knepp did conspire to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine.
Assistant United States Attorney Maureen Sheehan-Balchon prosecuted this case on behalf of the government.
Mr. Rivetti commended the Drug Enforcement Administration and the Pennsylvania State Police for the investigation that led to the successful prosecution of Knepp. Additional agencies participating in this investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service – Criminal Investigation, the United States Postal Inspection Service, Homeland Security Investigations, Pennsylvania Office of the Attorney General, Clearfield County District Attorney’s Office, Erie County District Attorney’s Office, Millcreek Police Department, Erie Bureau of Police, and other local law enforcement agencies.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Central American Man Sentenced to Prison for Illegally Reentering the United States After Being DeportedRead the Press Release
A man who illegally returned to the United States after being deported was sentenced today to more than two months in federal prison.
Pedro Saban-Lares, age 48, a citizen of Guatemala illegally present in the United States and residing in Toledo, Iowa, received the prison term after an April 12, 2023, guilty plea to one count of illegal reentry into the United States after having been deported.
At the guilty plea, Saban-Lares admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government. Saban-Lares was previously deported in February 2017. After he illegally returned to the United States, Saban-Lares illegally worked using someone else’s name and social security number. On March 10, 2023, immigration officials learned Saban-Lares had illegally returned to the United States and found Saban-Lares at the Tama County Jail following his arrest on state charges.
Saban-Lares was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Saban-Lares was sentenced to 73 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Saban-Lares is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-CR-19.
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Butler County man sentenced to 30 years in prison for creating pornography of young boys through online gaming systemRead the Press Release
CINCINNATI – A Butler County man was sentenced in U.S. District Court today to 360 months in prison for producing child pornography.
Jason Thomas Gmoser, 43, of Hamilton, used a webcam while playing Playstation games online to film and record sexually explicit videos of himself and minor males.
According to court documents, Gmoser was identified through an FBI Violent Crimes Against Children investigation as an administrator of an online bulletin board service specializing in the advertisement and distribution of child pornography.
Gmoser possessed more than 900 video files recorded between approximately November 2011 and September 2014 in computer folders called “Movies (PS3)” and “Movies (Skype).”
For example, one sexually explicit video in the PS3 folder was more than 18 minutes long and featured an 8-year-old boy and an 11-year-old-boy.
Gmoser traveled outside of Ohio to the 8-year-old victim’s home on multiple occasions. While there, Gmoser took the boy to the movies, out to eat, and purchased items for him and his family, including a Playstation. Gmoser recorded and saved 448 sexually explicit videos of the victim from March 2013 until September 2014 through the Playstation network. Gmoser offered Playstation gift cards to the boy for exposing himself.
As part of this case, the government seized 18 hard drives, three computers, two web cameras and multiple memory sticks and thumb drives.
Gmoser pleaded guilty in the Southern District of Ohio in December 2022.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; and J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division announced the sentence imposed by U.S. District Court Judge Douglas R. Cole. Executive Assistant United States Attorney Christy L. Muncy and Assistant United States Attorney Timothy D. Oakley are representing the United States in this case.
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Brooklyn Attorneys Sentenced for Asylum Fraud SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that ILONA DZHAMGAROVA and ARTHUR ARCADIAN were sentenced today by U.S. District Judge Mary Kay Vyskocil for their roles in an immigration fraud conspiracy. DZHAMGAROVA, a leader of the scheme and an immigration lawyer, was sentenced to two years in prison, and ARCADIAN, also an attorney, was sentenced to six months in prison.
U.S. Attorney Damian Williams said: “Out of her Brighton Beach law office, Dzhamgarova, assisted by Arcadian and others, invented offensive lies to cheat our country’s asylum process. The asylum system is designed to help some of the world’s most vulnerable people — those who justifiably fear imprisonment, assault, torture, or death because of their religion, nationality, ethnicity, political views, gender, or sexual orientation. When attorneys cynically exploit those fears and line their pockets by preparing and filing fraudulent documents and coaching clients to lie under oath, they abuse the trust placed in them and undermine the asylum system.”
According to the Indictment, other documents filed in this case, and statements made in open court:
Between November 2018 and December 2021, ILONA DZHAMGAROVA, an immigration attorney, ran the Dzhamgarova Firm, an immigration services firm based in Brooklyn, New York. The Dzhamgarova Firm worked with clients — primarily aliens from Russia and the Commonwealth of Independent States — seeking visas, asylum, citizenship, and other forms of legal status in the United States. Among other things, the Dzhamgarova Firm advised certain of its clients regarding the manner in which they were most likely to obtain asylum in this country, fully understanding that those clients did not legitimately qualify for asylum. The firm also prepared and submitted to United States Citizenship and Immigration Services (“USCIS”) clients’ fraudulent Form I-589 asylum applications, asylum affidavits — statements of an asylum applicant’s personal history and claimed basis for asylum, often including allegations of past persecution — and related supporting documentation. Members and associates of the firm also coached certain clients to lie under oath during interviews conducted by USCIS Asylum Officers and provided legal representation to their clients during various immigration proceedings.
Among other things, DZHAMGAROVA advised clients to seek asylum by falsely claiming that they were members of the Lesbian, Gay, Bisexual, Transgender, and Queer community who suffered persecution in their native countries, when DZHAMGAROVA fully understood that these clients were not members of that community and suffered no such persecution. Additionally, DZHAMGAROVA and her husband, ARTHUR ARCADIAN, also an attorney, prepared and submitted clients’ fraudulent asylum applications and affidavits to USCIS, under penalty of perjury, fully understanding that these documents at times contained material falsehoods. DZHAMGAROVA, ARCADIAN, and others, including co-defendant Igor Reznik, also coached certain clients to lie in asylum interviews conducted by USCIS asylum officers and represented these clients as they lied under oath during immigration proceedings.
The Dzhamgarova Firm also employed writers, including Reznik, who knowingly concocted and drafted clients’ fraudulent asylum affidavits so that they could be submitted as part of clients’ asylum applications. These affidavits, which were designed to support clients’ persecution claims, conveyed narrations of clients’ personal histories that were filled with falsehoods, including events and incidents of alleged persecution that were fabricated by Reznik and his co-conspirators.
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DZHAMGAROVA, 46, and ARCADIAN, 44, both of Brooklyn New York, previously pled guilty on January 25, 2023, before Judge Vyskocil to immigration fraud conspiracy. As part of their sentences, DZHAMGAROVA was sentenced to two years of supervised release, ordered to forfeit $540,000, and ordered to pay a $15,000 fine, and ARCADIAN was sentenced to two years of supervised release, ordered to forfeit $1,500, and ordered to pay a $5,000 fine.
Reznik, 41, of New York, New York, who also previously pled guilty to immigration fraud conspiracy, is scheduled to be sentenced by Judge Vyskocil on June 7, 2023.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation’s New York Eurasian Organized Crime Task Force, USCIS’s New York Asylum Office and Fraud Detection and National Security Unit, and Homeland Security Investigations. Mr. Williams thanked United States Customs and Border Protection for its assistance.
This case is being prosecuted by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant U.S. Attorneys David R. Felton and Jonathan E. Rebold are in charge of the prosecution.
Bradford Man Indicted for Mail TheftRead the Press Release
Erie, Pa. - A resident of Bradford, Pennsylvania has been indicted by a federal grand jury in Erie on a charge of theft of mail, Acting United States Attorney Troy Rivetti announced today.
The one-count Indictment named Patrick James Ryan, 45, 80 Boylston Street, Apt. 10, Bradford, Pennsylvania 16701, as the sole defendant.
According to the Indictment presented to the court, from in and around October 2022 to in and around January 2023, Ryan stole five $20.00 Walmart gift cards and a $75.00 Old Navy gift card from the mail.
The law provides for a maximum total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Molly W. Anglin is prosecuting this case on behalf of the government.
The United States Postal Inspection Service conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Boat Owner Sentenced to a Year in Federal Prison for Conducting Illegal Charter Operations on Chicago WaterwaysRead the Press Release
CHICAGO — A boat owner has been sentenced to a year in federal prison for conducting illegal charter operations on Chicago waterways.
CHRISTOPHER MIKE GARBOWSKI used a 40-foot powerboat known as “Sea Hawk” and “Anchorman” to conduct illegal commercial charter operations on the Chicago River and Lake Michigan, including an area in downtown Chicago known by boaters as “the Playpen.” Garbowski from 2017 to 2019 charged money to charter the boat to groups of passengers, such as bachelorette parties, even though he lacked the proper boating credentials and the U.S. Coast Guard had not inspected and certified his vessel.
The Coast Guard notified Garbowski about the federal regulations on multiple occasions, including at Monroe Harbor in Chicago on Aug. 19, 2017, when Coast Guard personnel boarded the boat moments before Garbowski was set to begin a five-hour charter for eight female passengers. As the women were walking down the dock to board the boat, Garbowski called one of them on her cell phone and told her to lie to Coast Guard personnel by pretending they were friends with Garbowski. On multiple occasions, Garbowski both verbally and in writing falsely denied to Coast Guard officials that he was operating a commercial charter service.
Garbowski, also known as “Christopher Michael Garbowski” and “Michael Gunnman,” 37, of Sterling Heights, Mich., pleaded guilty earlier this year to a felony charge of violating an order of the Captain of the Port. U.S. District Judge Thomas M. Durkin on Tuesday imposed the year-and-a-day sentence after a hearing in federal court in Chicago.
The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois; and Neal R. Marzloff, Special Agent-in-Charge of the Coast Guard Investigative Service, Central Field Office. The Illinois Department of Natural Resources Conservation Police provided valuable assistance. The government was represented by Assistant U.S. Attorney Timothy J. Chapman.
“The Coast Guard regulations are designed to ensure the safety of passengers, crew members, and other vessels and individuals in the waterways,” said Acting U.S. Attorney Pasqual. “Our office will continue to hold accountable those who knowingly violate maritime laws and regulations.”
“Mr. Garbowski’s actions demonstrated consistent disregard for Coast Guard authority and federal regulations concerning passenger vessel safety, putting his unsuspecting, and paying, customers at risk,” said SAC Marzloff.
Beckley Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – Tyrone Douglas Amar, 46, of Beckley, was sentenced today to four years and seven months in prison, to be followed by three years of supervised release, for possession with intent to distribute fentanyl and a mixture and substance containing methamphetamine.
According to court documents and statements made in court, on November 8, 2021, law enforcement officers executed a search warrant at a Beckley hotel room. Officers encountered Amar in the hallway near the hotel room during the search and took him into custody. Amar admitted that he possessed approximately 59 grams of fentanyl, 45 grams of methamphetamine and more than $2,850 found by officers on his person. Amar further admitted that he intended to distribute the controlled substances.
Krystle Elaine Cresce, 34, of Glen Morgan, was staying at the hotel room where officers executed the search warrant. During the search, officers found quantities of methamphetamine, fentanyl, heroin, $917, and three firearms: a SCCY Model CPX-2 9mm semi-automatic pistol, a Springfield Armory Model 911 9mm semi-automatic pistol, and a Mossburg, Model 500 12-gauge shotgun. Cresce admitted that she worked with and assisted Amar in the possession and distribution of the heroin and methamphetamine. Cresce pleaded guilty to aiding and abetting the possession with intent to distribute heroin and methamphetamine, and was sentenced to seven years and six months in prison on January 27, 2023.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Beckley/Raleigh County Drug and Violent Crime Unit, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Raleigh County Sheriff’s Department, and Beckley City Police Department.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Alex Hamner, Timothy D. Boggess and Andrew D. Isabell prosecuted the cases.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:21-cr-265 and 5:23-cr-8.
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Arizona Man Sentenced to 54 Months in PrisonRead the Press Release
HAMMOND- Rico Prunty, 41 years old, of Sierra Vista, Arizona, was sentenced by United States District Court Senior Judge James T. Moody after pleading guilty to aggravated identity theft and a criminal violation of the Health Insurance Portability and Accountability Act (HIPAA), announced United States Attorney Clifford D. Johnson.
Prunty was sentenced to 54 months in prison followed by 2 years of supervised release and was ordered to pay $132,521.98 in restitution to the victims of the offense.
According to documents in the case, between July 2014 and May 2017, Prunty, an employee at an Arizona medical facility, unlawfully accessed medical intake forms containing patients’ individually identifiable health information (e.g., names, dates of birth, addresses, employer information, social security numbers, diagnoses, and medical information) and provided that information to his co-conspirators in northwest Indiana. His co-conspirators used the information to open new credit card accounts and access existing credit card accounts without the knowledge, permission, or authority of these patients. Over the course of the scheme, Prunty illegally accessed the individually identifiable health information of almost 500 patients, resulting in a total loss of $132,521.98.
Co-conspirators Vincent Prunty, Temika Coleman, and Gemico Childress were previously sentenced for their roles in the scheme to terms of imprisonment of 154 months, 121 months, and 134 months respectively.
This case was investigated by the United States Postal Inspection Service. The case was prosecuted by Assistant United States Attorney Steven J. Lupa, and former Assistant United States Attorney Toi Denise Houston.
30 May 2023
Woodstock pain management doctor and clinics pay $625,000 to resolve false claims act allegationsRead the Press Release
ATLANTA – James Ellner, M.D., and his Woodstock, Georgia pain management practice, Georgia Pain Management, P.C., and ambulatory surgical center, Samson Pain Center, P.C, agreed to pay $625,000 to resolve allegations that they violated the False Claims Act (FCA) by submitting improper claims to the Medicare and TRICARE programs for evaluation and management services and medically unnecessary urine drug screening tests.
“The federal government expects that physicians and their practices will properly bill Medicare and TRICARE for services they provide,” said U.S. Attorney Ryan K. Buchanan. “The Department of Justice will work diligently to hold healthcare providers accountable when they break the rules and overbill federal healthcare programs.”
“Health care fraud abuse like this case erodes the trust patients have in the health care system,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “Government subsidized programs like Medicare help protect the healthcare needs of deserving Americans and the FBI is determined to work with our partners to prevent people from illegally profiting off of them."
“When providers submit improper claims, they threaten the integrity of taxpayer-funded health care programs and take those valuable resources away from their intended recipients,” said Tamala Miles, Special Agent in Charge at the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG is committed to protecting federal health care programs from fraudulent and wasteful practices at the hands of providers.”
The FCA is a federal law that imposes civil liability on any persons or entities who submit, or cause to be submitted, false claims for payment on the federal government or its contractors. It imposes treble damages (that is, three times the loss caused by the false claims) and a civil penalty between $12,537 to $25,076 per false claim. The FCA is the primary authority used by the Civil Division of the United States Attorney’s Office to redress fraud, waste, and abuse within federal programs, including, but not limited to, Medicare and TRICARE.
The United States alleges that between May 1, 2015, and December 31, 2019, James Ellner and Georgia Pain Management, P.C. (Georgia Pain) submitted false claims to the Medicare and TRICARE programs for evaluation and management (E&M) services that were not reimbursable under federal health care programs. Medicare generally prohibits healthcare providers from separately billing for E&M services provided on the same day as another medical procedure, unless the E&M services are significant, separately identifiable, and above and beyond the usual preoperative and postoperative care associated with the medical procedure. If an E&M service satisfies these criteria, the provider can use a billing code known as “Modifier 25” to bill for the significant and separately identifiable E&M services. In this case, the United States alleges that Georgia Pain used Modifier 25 to improperly unbundle routine E&M services that were not separately billable from other minor surgical procedures performed on the same day; and as a result, Georgia Pain claimed reimbursement from Medicare and TRICARE that it was not due.
The United States also alleges that Ellner and Georgia Pain entered into an arrangement that violated the Anti-Kickback Statute, whereby a reference laboratory paid the salary of an individual who functioned as a free employee of Georgia Pain in exchange for Ellner’s referral of urine drug tests – many of which were medically unnecessary.
The civil settlement resolves a lawsuit filed in the U.S. District Court for the Northern District of Georgia by a former employee for Georgia Pain, under the qui tam, or whistleblower provisions, of the FCA. United States ex rel. Amy Tyson v. Georgia Pain Management, P.C., Samson Pain Center, P.C., and James Ellner, M.D., Civil Action 1:18-cv-5520. Under the FCA, private citizens may bring suit for false claims on behalf of the United States and share in any recovery obtained by the government. The whistleblower will receive $118,000 from the settlement.
The civil settlement was reached by Assistant U.S. Attorney Mellori Lumpkin-Dawson. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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.
Wolf Point man accused in armed carjackings in Yellowstone, Cascade counties admits to crimesRead the Press Release
GREAT FALLS — A Wolf Point man who was arrested after leading law enforcement on a high-speed chase throughout Cascade County admitted today to trying to steal a vehicle from a man near Ulm and to brandishing a gun while carjacking a vehicle from a woman in Billings, U.S. Attorney Jesse Laslovich said.
Santana Cruz Ledeau, 27, pleaded guilty to attempted carjacking and to using, carrying and brandishing a firearm in furtherance of a crime of violence. Ledeau faces a maximum of 15 years in prison, a $250,000 fine and three years of supervised release on the attempted carjacking charge and a mandatory minimum of seven years to life in prison, consecutive to any other sentence, a $250,000 fine and three years of supervised release on the charge of brandishing a firearm.
Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Oct. 26. Ledeau was detained pending further proceedings.
A plea agreement reached by the parties calls for Ledeau to plead guilty to two counts of assault on a peace officer in the Montana Eighth Judicial District Court, Cascade County, following the resolution of the federal case. In addition, if the Court accepts the plea agreement at sentencing, the government will seek to dismiss additional charges of robbery affecting commerce, two counts of carjacking and one count of using, carrying and brandishing a firearm in furtherance of a crime of violence as charged in an indictment.
The government alleged in court documents that on Sept. 30, 2022, in Billings, a woman was delivering laboratory samples to a hospital clinic. As she arrived at the parking lot, a man dressed in a red hooded sweatshirt approached her as she attempted to leave her car. The man, later identified as Ledeau, demanded her keys and pointed a gun in her face. As she dug inside her purse for the key fob, Ledeau produced a can of pepper spray and sprayed her in the face. Ledeau then took her car, a Nissan, and fled. Hospital personnel who witnessed the incident from a distance treated the victim for her injuries. During an interview with law enforcement, the victim described the gun as “red with some silver.” The victim’s car was later recovered in Musselshell County. Fingerprints in the car matched those of Ledeau.
The government further alleged that on Oct. 17, 2022, Ledeau and a female companion were driving around Great Falls in a white truck that was later discovered to be stolen from North Dakota. Ledeau got into a fight outside a motel and fired a pistol into the air. He then fled the scene and was involved in a hit-and-run car accident. Great Falls police were unable to stop Ledeau, who drove out of town heading south on Interstate 15 toward Ulm. When he neared Ulm, Ledeau exited the interstate, drove up behind a Buick sedan and got out of the stolen truck. Ledeau approached a man driving the Buick and demanded the car, but the man refused. Ledeau produced a pistol and fired a round into the rear driver’s-side window. The window shattered, and the bullet traveled through the rear driver’s seat and into the trunk, where it was recovered. The driver of the Buick sped off, and Ledeau returned to the truck.
In addition, the government alleged that Ledeau returned to I-15 and traveled south to Cascade where he ran out of gas. Ledeau approached a second man, who agreed to give Ledeau and his female companion a ride to a gas station. However, law enforcement arrived, and Ledeau yelled at the second man to get out of the car. Ledeau then got into the driver’s seat and led officers on a high-speed chase throughout the county. Ledeau traveled south on I-15, exited at Wolf Creek and traveled north on Montana Highway 434. During the case, the female companion repeatedly called 911 because she was in fear for her well-being. Eventually, Ledeau turned east on Highway 200, lost control and crashed into a ditch near Simms. At the crash scene, officers saw Ledeau holding a pistol before tossing it to the ground. The gun had a red stock and dark colored slide and was determined to be a SCCY Industries, model CPX-2, 9mm caliber pistol.
Assistant U.S. Attorneys Jessica A. Betley and Jeffrey K. Starnes are prosecuting the case. The Great Falls Police Department, Cascade County Sheriff’s Office, Cascade County Attorney’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, Yellowstone County Sheriff’s Office, Yellowstone County Attorney’s Office, Billings Police Department, Musselshell County Sheriff’s Office and Montana Highway Patrol conducted the investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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West Monroe Man Sentenced to 20 Years for Drug TraffickingRead the Press Release
MONROE, La. – Paul Anthony Lewis, 50, of West Monroe, was sentenced today on numerous drug trafficking charges, announced United States Attorney Brandon B. Brown. United States District Judge David C. Joseph sentenced Lewis to 240 months in prison, followed by 5 years of supervised release.
Lewis was convicted by a jury in February of conspiracy to possess with intent to distribute methamphetamine, cocaine, cocaine base, and fentanyl; and possession with intent to distribute methamphetamine, cocaine, cocaine base, and fentanyl. Evidence introduced at trial revealed that agents with the U.S. Drug Enforcement Administration (DEA) and Metro Narcotics Unit of Ouachita Parish began an investigation into the suspected drug trafficking activities of Lewis. While conducting surveillance of Lewis’ stash house, agents observed packages that were delivered by the U.S. Postal Service to that address. During a subsequent search of the house, law enforcement agents found large quantities of fentanyl, methamphetamine, cocaine, cocaine base also known as crack cocaine, and promethazine inside. In addition, Lewis used his telephone to negotiate drug trafficking transactions with unindicted co-conspirators in Texas and in the Western District of Louisiana.
“The choices of this defendant to continue to possess and distribute a buffet of illegal substances, even after having spent time in federal prison before, has resulted in him now spending the later years of his life behind bars,” said U.S. Attorney Brandon Br. Brown. “We continue to stand by our commitment to make it a priority in the Western District of Louisiana to have zero tolerance for those who choose to sell narcotics, especially the most dangerous narcotic of all, fentanyl.”
Lewis has a lengthy criminal history, including a federal conviction for possession with intent to distribute cocaine base in the Eastern District of Louisiana in 2001 when he was sentenced to 120 months in federal prison.
The case was investigated by the DEA, Metro Narcotics Unit of Ouachita Parish, U.S. Postal Inspection Service, and prosecuted by Assistant U.S. Attorney William Gaskins and Alexander C. Van Hook, Special Counsel to the U.S. Attorney.
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United States Sues Poultry Distributor to New York City Food Carts and Its Owners for Selling Uninspected and Misbranded Poultry ProductsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Paul Kiecker, the Administrator of the Food Safety and Inspection Service of the U.S. Department of Agriculture (“USDA-FSIS”), announced that the United States has sued N and M Food Wholesale Supply, Inc. (“N&M”) and its owners AHMED OMAR, ELSAYED HALIM, and ASHRAF MOUSA (collectively, the “Defendants”) for repeatedly preparing and selling uninspected or misbranded poultry products in violation of the Poultry Products Inspection Act (“PPIA”). The U.S. has simultaneously entered into a consent decree, approved by U.S. District Judge Denise L. Cote, which requires the Defendants to comply with the PPIA and complete mandatory training and imposes significant civil penalties for any future violations.
U.S. Attorney Damian Williams said: “New Yorkers should be able to eat food from food carts and other retailers with the peace of mind that upstream wholesalers have complied with USDA safety regulations. Through this lawsuit, we are sending a message to food wholesalers that they must adhere to the law in order to protect the public health.”
USDA-FSIS Administrator Paul Kiecker said: “Every individual deserves the assurance that the food they purchase is properly inspected and safe to eat. FSIS remains committed to public health and we will take swift action to protect American consumers.”
The PPIA protects public health by imposing requirements on food suppliers regarding the inspection, processing, labeling, and packaging of poultry and poultry products. These requirements give consumers confidence in the safety of poultry products that they purchase and allow public health officials to trace food safety problems to their source.
According to the complaint filed in Manhattan federal court:
The Defendants repeatedly violated the PPIA by offering for sale over 900 pounds of misbranded poultry that had not been federally inspected. On multiple occasions, the Defendants prepared marinated chicken kebab skewers in a processing room in N&M’s warehouse without federal inspection. These products were prepared for sale to N&M’s wholesale customers, including food cart owners, who sell the chicken to consumers. Despite repeated warnings from USDA-FSIS, N&M continued to offer uninspected poultry products for sale and violate the law. For example, in May 2021, N&M — which does not have a grant of federal inspection to process poultry products — purchased approximately 280 pounds of chicken leg meat and cut and marinated the chicken in its warehouse before returning it to its original packaging. N&M then offered this uninspected and misbranded product for sale to wholesale customers.
In this consent decree, the Defendants admit and accept responsibility for having repeatedly sold or offered for sale non-federally inspected and misbranded poultry products to wholesale customers, in violation of the PPIA. Among other instances, on or about November 12, 2018, August 26, 2020, February 10, 2021, and May 24, 2021, the Defendants processed, sold, and/or offered for sale non-federally inspected poultry products. Defendants further admit and accept responsibility for the fact that, on at least one occasion, the poultry product was also misbranded and falsely marked as federally inspected.
Pursuant to the consent decree, the Defendants are enjoined from selling or transporting any uninspected poultry products that are required to be inspected and passed by USDA, selling any mislabeled poultry products, preparing or processing poultry or poultry products in unsanitary conditions, not keeping records regarding poultry or poultry product business transactions, and engaging in any other conduct that would violate the PPIA. The Defendants are subject to additional actions, including civil monetary penalties and other relief, if they violate the provisions of the consent decree.
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Mr. Williams thanked the Food Safety and Inspection Service of the U.S. Department of Agriculture for its efforts on this matter.
This case is being handled by the Environmental Protection Unit of the Office’s Civil Division. Assistant U.S. Attorney Mollie Kornreich is in charge of the case.
N&M Complaint
N&M Consent DecreeUndocumented Man Who Shot Seminole Police Officer Pleads Guilty to Firearm CrimeRead the Press Release
A Mexican man who shot a police officer in Seminole, Texas pleaded guilty today to a federal firearm crime, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Jose Ramon Castillo-Lopez, 28, was charged via criminal complaint in October 2022 and indicted later that same month. He pleaded guilty Tuesday to illegal alien in possession of a firearm.
According to court documents, Mr. Castillo-Lopez, a Mexican national in the United States illegally, admitted he was pulled over by a Seminole Police Department officer for traffic violations on Oct. 1, 2022.
As the officer approached Mr. Castillo-Lopez’s vehicle, he began firing at the officer with a handgun. The officer was struck but moved to a defensive position and returned fire. Mr. Castillo-Lopez exited his vehicle and fled, dropping a 9 mm semi-automatic pistol as he did so.
The officer was able to radio in a description of the defendant, and he was apprehended a few blocks away shortly thereafter.
In an interview with law enforcement, Mr. Castillo-Lopez admitted he had been previously deported and was currently in the county illegally. He also admitted to firing the pistol, which he said he purchased from an unknown individual at a traffic light in Midland, Texas for $200.
Mr. Castillo-Lopez now faces up to 15 years in federal prison.
The victim officer’s body armor prevented serious injury, and he returned to duty shortly thereafter.
Homeland Security Investigation’s Dallas Field Office and the Seminole Police Department conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms, & Explosives’ Dallas Field Division. Assistant U.S. Attorney Matthew McLeod is prosecuting the case.
The victim officer’s body armor prevented serious injury, and he returned to duty shortly after the incident.
U.S. Attorney Thompson Joins ATF, AHIDTA, Law Enforcement at Gun Crime Mobile Unit Deployments in Raleigh and Kanawha CountiesRead the Press Release
CHARLESTON, W.Va. – United States Attorney Will Thompson joined officials with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Appalachia High Intensity Drug Trafficking Area (HIDTA) today to assist law enforcement throughout the Southern District of West Virginia with cutting-edge investigative technology targeting gun violence.
An ATF National Integrated Ballistic Information Network (NIBIN) mobile unit, operated in partnership with HIDTA, deployed to the Raleigh County Sheriff’s Office in Beckley and the West Virginia State Police Academy in Dunbar to conduct training for local law enforcement and provide investigative support by analyzing ballistic evidence from gun crimes. The training will aid the ongoing support that NIBIN will provide law enforcement throughout the district.
“With this mobile unit, we can take this valuable technology to our law enforcement partners throughout the Southern District of West Virginia,” Thompson said. “One of the most pressing problems we face not only in this district and this state but in this country is violent crime. The NIBIN mobile unit will help solve and prevent violent crimes.”
NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. ATF maintains and operates NIBIN’s infrastructure at no charge to law enforcement partners.
“Our mission is to protect the public from violent crime,” said ATF Special Agent in Charge Shawn Morrow of the Louisville Division, which includes West Virginia. “ATF and Appalachia HIDTA are committed to bringing necessary federal resources to West Virginia law enforcement to help keep our communities safe.”
The Appalachia HIDTA mission is to enhance and coordinate drug enforcement efforts of local, state and federal law enforcement agencies within areas designated as High Intensity Drug Trafficking Areas by pursuing the disruption/dismantlement of Drug Trafficking Organizations, particularly as it relates to the specific drug threat of the Appalachian region.
NIBIN technology compares images of submitted ballistic evidence from shooting scenes and recovered firearms and produces a list of possible similar results. Trained NIBIN technicians then conduct a correlation review of these results, identifying NIBIN leads or potential links or associations from the same firearm. A NIBIN lead is an unconfirmed, potential association between two or more pieces of firearm ballistic evidence and is based on a correlation review of the digital images in the NIBIN database.
More than 104,200 investigative leads were generated by 278 NIBIN locations in fiscal year 2022. NIBIN helped investigators connect firearms recovered at crime scenes in Philadelphia, Pennsylvania, to gun traffickers who orchestrated the straw purchase of over 140 firearms in the Beckley area. A federal jury convicted conspiracy ringleader Bisheem Jones, also known as “Bosh,” 37, of Philadelphia, and 18 co-defendants pleaded guilty to roles in the firearms trafficking conspiracy.
“If there is anything that law enforcement has learned over the past several decades, it is that criminals don’t necessarily operate within a certain area. We need to be able to communicate and collaborate with each other and pool our resources,” said Raleigh County Sheriff J.C. Canaday. “Through these partnerships that we’ve established, like with HIDTA, the U.S. Attorney’s Office, and the ATF, we’re able to more readily track and prosecute more aggressively the criminals involved in both drug and gun crimes.”
NIBIN also matched shell casings recovered from a shooting at a Huntington bar during a 2019 New Year’s Eve party to a firearm seized by Charleston Police officers. The investigation resulted in the conviction of Kymoni Davis for being a felon in possession of a firearm as the admitted shooter. Davis, also known as “Money,” 33, of Redford, Michigan, was sentenced to eight years in prison on December 19, 2022.
Since its launch, the technology behind NIBIN has provided participating law enforcement agencies with an automated method to share, research, identify and cross-reference firearms ballistic data across a nationwide network. NIBIN is only used for criminal investigations and does not capture or store ballistic information acquired at the point of manufacture, importation, or sale.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia.
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Twenty-Time Convicted Felon Faces Life in Prison for Federal Firearm OffenseRead the Press Release
Ocala, FL – United States Attorney Roger B. Handberg announces the arrest of Craig Antwon O’Neal (53, Ocala) based on an indictment charging him being a felon in possession of a firearm. He faces a mandatory minimum term of 15 years, up to life, in federal prison. O’Neal had been indicted on March 3, 2021.
According to the indictment, on July 20, 2020, O’Neal was in possession of a firearm. As a multi-convicted felon, he is prohibited from possessing either firearms or ammunition under federal law. O’Neal has 20 prior state felony convictions, including strong-arm robbery, resisting arrest with violence, sale of cocaine, and burglary of a conveyance. His extensive prior criminal record also qualifies him for a sentencing enhancement as an Armed Career Criminal.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Unified Drug Enforcement Strike Team (UDEST). It will be prosecuted by Assistant United States Attorney Belkis H. Crockett.
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.
Tucson Man Convicted of Immigration Fraud After Lying About Military Service and Atrocities Committed During the Bosnian Civil WarRead the Press Release
TUCSON, Ariz. – Sinisa Djurdjic, 50, of Tucson, Arizona, was convicted on May 19, 2023, by a federal jury on charges of Visa Fraud and Attempted Unlawful Procurement of Citizenship. The guilty verdicts came after a nine-day jury trial before United States District Judge Jennifer G. Zipps.
In 2009, Homeland Security Investigations (HSI) launched an investigation upon receiving a roster of a police brigade suspected of various atrocities during the 1990s war in Bosnia and Herzegovina (“Bosnia”) that identified one of the members of that brigade as Sinisa Djurdjic, who emigrated to Tucson under the United States refugee program in 2000. HSI discovered that, on various United States immigration applications, Djurdjic had denied serving in foreign military and police units. The multi-year international investigation by HSI confirmed that Djurdjic was indeed a member of that police brigade and other Bosnian-Serb military units, and that Djurdjic harmed prisoners in his custody.
HSI agents traveled to Bosnia on multiple occasions, interviewed dozens of witnesses, and collected documentation from the Bosnian government, the Serbian government, and from the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague. Agents discovered that Djurdjic was a prison guard at two prison camps established north of Sarajevo by “Republika Srpska,” the Bosnian-Serb entity which espoused the idea of “ethnic cleansing” during the civil war and sought to exclude all Bosnian Muslims and Catholic Croats from certain areas within Bosnia.
During the trial, five Bosnian men who were held at the prison camps testified as to the abuses they suffered or witnessed at the hands of Djurdjic. The United States presented extensive documentation demonstrating that Djurdjic had lied on various immigration applications about his previous military and police service, and had intentionally misled United States immigration officials about his past to gain legal status in the United States.
"We commend the courage and tenacity of the Bosnians who testified against the defendant and held him accountable for his false statements while seeking legal status in the United States,” said United States Attorney Gary Restaino. “Providing opportunities for refugees and asylees is quintessentially American. Safeguarding those opportunities requires vigilance to ensure that the American dream is foreclosed to those who lie about a disqualifying past.”
“When a person attempts to become a U.S. citizen under false pretenses, it jeopardizes our naturalization process — and it is especially damaging to those who faithfully follow the judicial system,” said Scott Brown, special agent in charge for HSI Arizona. “Simply put, those who knowingly and willfully misrepresent themselves, especially those who are considered national security threats, war criminals and human rights violators, to try and obtain U.S. citizenship status, will be held accountable for their deceitful actions. This defendant was found guilty due to the unwavering commitment by those who investigated and are prosecuting this case.”
Djurdjic’s sentencing hearing is set for August 8, 2023.
Homeland Security Investigations, Tucson Field Office, conducted the investigation in this case. Assistant United States Attorneys Liza Granoff and Kevin Schiff, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR 17-01658-TUC-JGZ (DTF)
RELEASE NUMBER: 2023-077_DJURDJIC# # #
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.Thomasville Man Sentenced to Eight Years for Child Pornography OffenseRead the Press Release
Dennis Elmo Haskew, 42, of Thomasville, has been sentenced to eight years in prison by United States District Judge Kristi DuBose for distribution of child pornography. Haskew entered a guilty plea to this offense on January 26, 2023.
According to court documents filed in connection with his guilty plea, Haskew created multiple accounts on the social media application SnapChat and used those accounts to send images of child sexual abuse material to other users. A review of Haskew’s various electronic devices revealed that he possessed 793 still images and 6 videos of child sexual abuse material.
Judge DuBose imposed an 8-year sentence of incarceration and a 10-year term of supervised release upon his discharge from prison. Judge DuBose ordered that Haskew pay $5,100 in special assessments and $15,000 in restitution to the victims of his crime. Haskew will be required to register as a sex offender when he is released from prison and he is to have no contact with minor children.
The Federal Bureau of Investigation and the Jackson Police Department investigated this case. Assistant United States Attorney Kacey Chappelear prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit https://www.justice.gov/psc/publications-resources.
Texas Resident Pleads Guilty to Arson, Animal Crushing, and Assault in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Raymond David Phillips, age 32, of Lindale, Texas, entered a guilty plea to a Superseding Indictment charging him with one count of Arson, punishable by 5 to 20 years in prison, one count of Animal Crushing in Indian Country, punishable by up to 7 years in prison, and two counts of misdemeanor Assault in Indian Country, each punishable by up to one year in prison.
The government alleged in the Superseding Indictment that on September 3, 2022, Phillips and his girlfriend were vacationing at a resort area along the Illinois River when his girlfriend was arrested. Angered by the arrest, Phillips decapitated the resort owner’s cat, then began burning other guests’ camping equipment. Law enforcement arrested Phillips at the Cherokee County Detention Center, where he had arrived to bail out his girlfriend. After being taken into custody, Phillips threatened and assaulted jail and law enforcement officers.
The charges arose from an investigation by the Grand River Dam Authority and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Cherokee County, within the boundaries of the Cherokee Nation Reservation and the Eastern District of Oklahoma.
The Honorable Gerald L. Jackson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, accepted the pleas and ordered the completion of a presentence investigation report. Sentencing will be scheduled following completion of the report. Phillips was remanded to the custody of the United States Marshal pending sentencing.
Assistant United States Attorney Kevin Gross represented the United States.
Tax Preparer Sentenced to Prison for Preparing False ReturnsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that KEYANTE PAUL, 34, of Florida, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 12 months and one day of imprisonment, followed by one year of supervised release, for preparing false tax returns for numerous clients.
According to court documents and statements made in court, Paul, through her business Keys Tax Services, operated as a tax return preparer, and she traveled to the Norwich, Connecticut area for part of the year to prepare returns for Connecticut clients. For several years, Paul prepared numerous federal tax returns for clients that included false income “adjustments” that reduced taxpayers’ reported adjusted gross income or false expenses and losses in connection with sole proprietorship businesses that clients did not operate.
Paul’s criminal conduct caused losses totaling more than $550,000 to the U.S. Treasury and the Connecticut Department of Revenue Services.
Paul was arrested on June 16, 2022. On February 23, 2023, she pleaded guilty to aiding and assisting in the preparation of a false income tax return.
Restitution will be determined after additional court proceedings.
This investigation was conducted by the Internal Revenue Service, Criminal Investigation Division. The case was prosecuted by Assistant U.S. Attorneys Jennifer R. Laraia and Lauren C. Clark.
Several smugglers admit to transporting undocumented aliensRead the Press Release
McALLEN, Texas – A total of four people have pleaded guilty to human smuggling, announced U.S. Attorney Alamdar S. Hamdani.
Jose Quezada-Gamez, 29, Tamaulipas, Mexico, pleaded guilty to functioning as a guide for undocumented aliens attempting to cross the Rio Grande and enter the United States illegally. Derly Crescencio Medina, 27, McAllen, and Jessica Dinora Pena-Rodriguez, 48, Tamaulipas, admitted housing undocumented aliens at a residence near San Juan. Rogelio Gonzalez III, 29, Edinburg, entered his plea to transporting undocumented aliens further north into the United States.
Authorities arrested all four following an investigation into a extensive smuggling ring operating in the McAllen area. They apprehended Quezada-Gamez near the Rio Grande guiding a group of aliens into the United States from Mexico. Gonzalez was taken into custody near Premont as the driver of a vehicle containing multiple undocumented aliens.
At the time of the pleas, all four admitted to knowingly transporting or harboring undocumented aliens for financial gain.
U.S. District Judge Randy Crane will impose sentencing Aug. 10. At that time, each faces up to 10 years in prison and a possible $250,000 maximum fine.
All four have been and will remain in custody pending that hearing.
Border Patrol conducted the investigation. Assistant U.S. Attorney Theodore Parran III is prosecuting the case.
Richmond man sentenced for $1.4 million Medicare home health fraud schemeRead the Press Release
HOUSTON – A 47-year-old home health company owner has been ordered to prison following his conviction of conspiracy to commit health care fraud, announced U.S. Attorney Alamdar S. Hamdani.
Akintunde Oyewale, Richmond, pleaded guilty Feb. 1, 2022.
Today, U.S. District Judge David Hittner ordered he serve 57 months in federal prison to be immediately followed by three years of supervised release. At the hearing, the defense requested a reduced sentence due to Oyewale’s role as a father and caretaker of his mother. In handing down the sentence, the court noted he had family commitments at the time of the offense and that he committed the conduct over a span of several years involving kickbacks to multiple parties and Medicare patients. Oyewale agreed to pay $1,467,719.92 in restitution to Medicare.
Oyewale operated Grace Healthcare Services LLC through September 2017. At the time of his plea, he admitted to and caused Grace to bill Medicare for home health services that were not medically necessary and not provided. He also acknowledged to furthering the scheme by unlawfully paying medical clinics for fraudulent home health certifications and unlawfully paying for patient referrals.
Oyewale also failed to keep records. He admitted he failed to produce records following the receipt of a grand jury subpoena. The records were supposed to justify the billed claims. Grace was subject to recoupment for failing to maintain supporting medical records for bills.
Oyewale admitted to using the fraudulently obtained funds for his personal financial benefit and for the benefit of his family members.
The Texas Attorney General’s Medicaid Fraud Control Unit, Department of Health and Human Services - Office of Inspector General and FBI conducted the investigation. Special Assistant U.S. Attorney Abdul Farukhi and AUSA Christian Latham prosecuted the case.
Red Ventures, LLC and MYMOVE, LLC Agree to Pay $2.75 Million to Resolve False Claims Act Allegations Arising from Agreements with the U.S. Postal ServiceRead the Press Release
CHARLOTTE, N.C. – Red Ventures, LLC and MYMOVE, LLC (together, “MYMOVE”) have agreed to pay the United States $2.75 million to resolve allegations that they violated the False Claims Act by knowingly withholding funds owed to the U.S. Postal Service (“USPS”) under contractual agreements connected to the USPS change of address process.
The United States alleged that MYMOVE had a contractual obligation to share monthly gross revenue related to a certain program with USPS, but instead, MYMOVE improperly and secretly deducted some of its own costs before sharing revenue with USPS – essentially changing the contractual revenue share provision at issue from one of gross revenue to one of net revenue, a change favorable to MYMOVE’s profits at the expense of revenue owed to USPS.
The settlement also resolves allegations that MYMOVE improperly and knowingly allocated labor costs related to this same contract, under which MYMOVE bore all of the program costs, to another contract, that contained a profit-sharing agreement with USPS, thereby also increasing MYMOVE’s profits at USPS’s expense by improperly passing off a portion of its labor costs to USPS.
“This settlement demonstrates that those who cheat the government will be held accountable,” said Dena J. King, U.S. Attorney for the Western District of North Carolina. “My office will continue to investigate and hold responsible those who seek to profit from defrauding federal agencies.”
“We are gratified to have contributed to this investigation and applaud the exceptional work by the United States Attorney’s Office for protecting both U.S. Postal Service revenue and the integrity of our change of address program,” said Executive Special Agent in Charge Kenneth Cleevely of the U.S. Postal Service (USPS), Office of Inspector General (OIG). “Special Agents of the USPS OIG will continue to investigate those who would engage in fraudulent activities designed to defraud the Postal Service. The settlement delivered in this case represents a win for the USPS and for all law enforcement agencies who work together to ensure that justice is served.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by former MYMOVE employee Marcos Arellano. Under those provisions, a private party may file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Arellano v. MYMOVE, LLC and Red Ventures, LLC, No. 3:20-cv-255 (W.D.N.C.).
Assistant U.S. Attorney Seth Johnson and Investigator Cathleen Hollowell of the U.S. Attorney’s Office in Charlotte investigated the matter in conjunction with the USPS Office of Inspector General.
The claims resolved by the settlement are allegations only. There has been no determination of liability.
Ravia Resident Sentenced for Sexually Abusing A Minor in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Lance Alden Whelchel, age 28, of Ravia, Oklahoma, was sentenced to 36 months in prison for sexually abusing a minor in Indian Country.
The charges arose from investigations by the Tishomingo Police Department, the Johnston County Sheriff’s Office, and the Federal Bureau of Investigation.
On November 29, 2021, Whelchel pleaded guilty to one count of Sexual Abuse of a Minor in Indian Country. At the plea hearing, Whelchel admitted that between June and August of 2020, he sexually abused a child under the age of 16.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Johnston County, within the boundaries of the Chickasaw Nation Reservation and the Eastern District of Oklahoma.
The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, sitting by appointment, presided over the hearings in Oklahoma City. Whelchel will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Edith A. Singer represented the United States.
Providence Woman Admits to Receiving and Storing Fentanyl and Cocaine Intended for DistributionRead the Press Release
PROVIDENCE – A Providence woman today admitted to a federal judge that she participated in a drug trafficking conspiracy and was paid by co-conspirators to accept and store multiple shipments of fentanyl and cocaine shipped through the United Parcel Service and Federal Express, announced United States Attorney Zachary A. Cuna.
Rosangeles Bueno, 42, admitted that over a six-week period beginning in early February 2022, she received and stored multiple packages containing a total of 2.23 kilograms of fentanyl and multiple packages containing quantities of cocaine.
Bueno admitted that she regularly communicated with co-conspirators about the shipments and storage of drugs and the storage of and materials and supplies used to package and distribute controlled substances, including a press and molds for packaging, scales, baggies, and masks.
Bueno pleaded guilty to charges of conspiracy to distribute and to possess with intent to distribute fentanyl; possession with intent to distribute fentanyl; and possession with intent to distribute cocaine. She is scheduled to be sentenced on September 7, 2023. The defendants’ sentences will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant U.S. Attorney Denise M. Barton.
The matter was investigated by Homeland Security Investigations, with the assistance of the DEA, Warwick Police Department, Newport Police Department, Central Falls Police Department, and Providence Police Department.
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Providence Man Admits to Possessing Cocaine with Intent to DistributeRead the Press Release
PROVIDENCE – A Providence man is scheduled to be sentenced in August after admitting to a federal court judge that, in November 2021, he took possession of a package that contained more than a half kilogram of cocaine that was mailed from Puerto Rico and was addressed for delivery to a Providence residence, announced United States Attorney Zachary A. Cunha.
Jose Fuentes, 32, pleaded guilty on May 23, 2023, to a charge of possession of cocaine with the intent to distribute.
According to information presented to the court, in November of 2021, as part of a narcotics trafficking investigation, the United States Postal Inspection Service and the FBI Rhode Island Safe Streets Task Force identified a suspicious package that had been sent through the mail from Puerto Rico to Providence. During the investigation, a Rhode Island State Police canine trained to alert law enforcement to the presence of narcotics was brought in to check the package and alerted its handler with a positive indication that the package contained narcotics. A court-authorized search of the package and subsequent testing revealed that the package contained 560 grams (.56 of a kilogram) of cocaine, packed inside a Lego box.
Court records show that someone, using a cell phone associated with Fuentes, made at least two calls to the post office seeking information about the location of the most recently shipped package. The caller was told that he would have to claim the package in-person. When Fuentes arrived at the post office and took possession of the package on November 4, 2021, he was arrested and the cocaine was seized by law enforcement.
Fuentes is scheduled to be sentenced on August 29, 2023. The defendant’s sentence will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant U.S. Attorney Stacey A. Erickson.
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Project Safe Neighborhoods News, May 30, 2023Read the Press Release
SACRAMENTO, Calif. — The Project Safe Neighborhoods (PSN) initiative brings together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence. At the core of PSN is setting focused and strategic enforcement priorities that help prevent violence from occurring in the first place. U.S. Attorney Phillip A. Talbert announces the following actions in federal PSN cases.
Guilty Pleas
Eric Terrell Christian, 31, of Vacaville, pleaded guilty today to being a felon in possession of a firearm. According to court documents, on Aug. 11, 2022, Christian was arrested for a parole violation and found to be in possession of a Glock handgun with a round in the chamber and another 17 rounds in a high-capacity magazine. In an apartment to which Christian had access, officers found a Palmetto Arms pistol with a round in the chamber and 36 rounds in an inserted, 40-round magazine. Christian is not allowed to possess firearms because he has previously been convicted of three felony offenses, including two convictions for assault with a deadly weapon, and was on parole when he committed the current offense. Christian is scheduled to be sentenced by U.S. District Judge William B. Shubb on Aug. 28, 2023. Christian faces a maximum statutory penalty of 15 years in prison and a $250,000 fine. This case is the product of an investigation by the Vacaville Police Department, the California Department of Corrections and Rehabilitation – Division of Adult Parole Operations, the Solano County District Attorney’s Office, the FBI’s Solano County Violent Crimes Task Force, and the ATF. Assistant U.S. Attorney Adrian T. Kinsella is prosecuting the case.
Gabriel Joseph Detrant, 49, of Redding, pleaded guilty on May 18, 2023, to being a felon in possession of a firearm. According to court documents, on Feb. 2, 2021, law enforcement officers conducted a traffic stop of a vehicle Detrant was driving in Redding. Detrant stopped the vehicle, and he and a passenger fled on foot. The officers found a Baikal Makarov, Model IJ-70 9 mm handgun loaded with eight rounds by the driver’s seat. Officers later found Detrant hiding nearby in possession of a magazine loaded with eight 9 mm rounds. Detrant is prohibited from possessing firearms or ammunition because he has multiple prior felony convictions, including a 2018 conviction in Shasta County for being a felon in possession of a firearm. Detrant is scheduled to be sentenced on Aug. 31, 2023, by U.S. District Judge Daniel J. Calabretta. Detrant faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. This case is the product of an investigation by the Shasta County District Attorney’s Office, the Redding Police Department, and the ATF. Assistant U.S. Attorney Haddy Abouzeid is prosecuting the case.
The actual sentences, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines.
Sentencings
Kevin Lester Wise, 68, of Rancho Cordova, was sentenced on May 9, 2023, to two and a half years in prison for being a felon in possession of a firearm. According to court documents, on July 22, 2020, Wise was found to be in possession of a Ruger .22 caliber rifle and a silencer. Wise had previously attempted to unlawfully import another silencer from China. In 1990, Wise was convicted in Sacramento County for unlawful assault by an officer while he was serving as a deputy sheriff. In 2013, Wise was convicted in federal court in the Eastern District of California for a being a felon in possession of a firearm. As a convicted felon, Wise is prohibited from owning firearms, including silencers. This case was the product of an investigation by Homeland Security Investigations and the ATF. Assistant U.S. Attorney Adrian T. Kinsella prosecuted the case.
Derick Louangamath, 33, of Sacramento, was sentenced on April 24, 2023, to five years and three months in prison for being a felon in possession of a firearm. According to court documents, on Nov. 23, 2019, law enforcement officers stopped a vehicle that Louangamath was driving and found a Glock 26, along with loaded 10-round, 15-round, and 33-round magazines. Louangamath has several prior felony convictions, including convictions for being a felon in possession of a firearm, which prohibit him from possessing a firearm. This case was the product of an investigation by the Sacramento County District Attorney’s Office, the Sacramento Police Department, and the FBI. Assistant U.S. Attorney Aaron D. Pennekamp prosecuted the case.
These cases are 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 U.S. Department of Justice 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.
Parker Man Sentenced to 15 Years in Prison for Sexual Abuse of a MinorRead the Press Release
PHOENIX, Ariz. – Victor Adrian Shortey, 40, of Parker, Arizona, was sentenced on May 8, 2023, by United States District Judge Douglas L. Rayes to 180 months in prison, followed by a term of lifetime supervised release. Shortey pleaded guilty to Sexual Abuse of a Minor.
Between May 2017 and November 2017, when the minor victim was temporarily residing with Shortey, he sexually abused the victim on multiple occasions at his residence. Shortey is a member of the Colorado River Indian Tribes (“CRIT”), and the sexual abuse occurred on the CRIT Indian Reservation.
The Federal Bureau of Investigation, the Bureau of Indian Affairs, and the CRIT Police Department conducted the investigation in this case. Assistant United States Attorney Christina J. Reid-Moore, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-22-00167-PHX-DLR
RELEASE NUMBER: 2022-078_Shortey# # #
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.Palm Beach Art Dealer Sentenced to Federal Prison for Laundering Money from Art Fraud SchemeRead the Press Release
MIAMI – Palm Beach art dealer Daniel Elie Bouaziz was sentenced today to 27 months in federal prison, followed by three years of supervised release, for laundering money derived from his scheme to sell counterfeit artwork. U.S. District Judge Aileen M. Cannon also ordered Bouaziz to pay a $15,000 fine. The restitution hearing is set for August 16.
Bouaziz was the owner of art galleries, to include Danieli Fine Art and Galerie Danieli, located at 226A and 230 Worth Avenue, respectively, in Palm Beach County, Florida. Bouaziz knowingly engaged in and attempted to engage in a monetary transaction, by, through, and to, a financial institution, affecting interstate and foreign commerce, in criminally derived property of a value greater than $10,000, such property having been derived from the unlawful sale of counterfeit art, using means of interstate commerce to carry out the sale and transfer of proceeds.
On October 25, 2021, Bouaziz sold counterfeit artwork to a customer, to include pieces purportedly by artist Andy Warhol (“Warhol”) out of his Palm Beach art galleries. Bouaziz had told the customer that the works that he was selling, for between $75,000 and $240,000, were authentic, original Warhol pieces, and that some of the pieces were signed by the artist. Relying upon these false and fraudulent representations, the customer purchased artwork from Bouaziz. The customer gave Bouaziz a $200,000 down payment for the artwork. The money was deposited into Bouaziz’s account and then the comingled funds were wired to other accounts, to include an account controlled by Bouaziz.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, and Special Agent in Charge Matthew D. Line of the IRS Criminal Investigation (IRS-CI), Miami Field Office, announced the sentence imposed by U.S. District Judge Cannon.
FBI Miami, West Palm Beach Resident Agency, and IRS-CI Miami investigated this matter. Assistant U.S. Attorney Sarah J. Schall is prosecuting this case. Assistant U.S. Attorneys Peter A. Laserna and Daren Grove are handling asset forfeiture.
If you believe you have been a victim of art fraud, please contact the FBI’s Art Crime Team at 1-800-CALL-FBI.
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-80099.
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New York Motorcycle Club Member Pleads Guilty to Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – A Woodside, New York, man who was part of a group of motorcycle riders passing through Missouri pleaded guilty in federal court today to illegally possessing a firearm.
Edward DeJesus, 56, pleaded guilty before U.S. District Judge Roseann Ketchmark to being a felon in possession of a firearm.
On June 3, 2022, the Independence, Mo., Police Department was advised that members of the Outcast Motorcycle Club from New York were heading westbound on Interstate 70 toward the Kansas City, Mo., area. A detective with the Independence Police Department observed a group of motorcycles traveling faster than the posted speed limit on westbound Interstate 70. The detective then activated the lights and siren on his unmarked police vehicle and attempted to stop the pack of motorcycles in the area of westbound Interstate 70 and 291 Highway for speeding and traveling in the passing lane. The motorcycles were weaving in and out of lanes of traffic and failing to yield.
An Independence police officer at Interstate 70 and Noland Road saw DeJesus, who was driving a black Harley Davidson Road Glide in excess of 100 miles per hour. The officer activated his lights and siren and went in pursuit of the motorcycle. The motorcycle was weaving in and out of traffic and riding down the center line between vehicles. The motorcycle exited onto eastbound 40 Highway and pulled into the Wal-Mart and then into the gas station lot at the Wal-Mart. The officer pulled beside the motorcycle and arrested DeJesus.
The officer searched DeJesus and found a dollar bill in his wallet that contained 1.5 grams of cocaine. Officers also found a loaded Glock handgun and two additional magazines in the saddlebags on the motorcycle.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. DeJesus has a prior felony conviction for possessing a controlled substance.
Under federal statutes, DeJesus is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Robert M. Smith. It was investigated by the Independence, Mo., Police Department.
Project Safe Neighborhoods
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.
New York Man Sentenced to 12 Months and One Day for Failing to Register as a Sex OffenderRead the Press Release
United States Attorney Sean P. Costello of the Southern District of Alabama announced that United States District Judge Kristi DuBose sentenced defendant Jose Fulwood, 26, to 12 months and one day in prison for Failure to Register as a Sex Offender. Fulwood entered a guilty plea to this offense on February 9, 2023.
According to court documents filed in connection with his guilty plea, Fulwood was previously convicted of Attempted Rape Second Degree in the County Court of Chenango County, New York. The conviction occurred on September 22, 2017. In January 2022, the United States Marshals Service received a tip that Fulwood was living and working in Mobile, Alabama. Fulwood never registered as a sex offender in the state of Alabama. Fulwood had a prior conviction for failing to register as a sex offender in Virginia.
Judge DuBose imposed a 12 month and one day sentence of incarceration and a 5-year term of supervised release upon his discharge from prison. Judge DuBose ordered that Fulwood pay $100 in special assessments. Fulwood will be required to register as a sex offender when he is released from prison.
The United States Marshals Service investigated this case. Assistant United States Attorney Kacey Chappelear prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit https://www.justice.gov/psc/publications-resources.
New Orleans Steamboat Company Charged for Discharging Excess Ballast Material into Industrial CanalRead the Press Release
NEW ORLEANS – United States Attorney Duane A. Evans announced that NEW ORLEANS STEAMBOAT COMPANY (“NOSC”), was charged on May 26, 2023 with violating the Clean Water Act (“CWA”) in connection with a discharge of excess ballast material into the Industrial Canal in New Orleans in 2019.
According to the bill of information, NOSC negligently discharged, without the knowledge of the Board of Directors, and caused to be discharged a quantity of a substance into a navigable water of the United States, upon adjoining shorelines, and affecting the United States’ natural resources. The discharge took place on or around February 12, 2019, in the Inner Harbor Navigational Canal (“IHNC”), more commonly known as the Industrial Canal.
An employee of NOSC, Matt Dow, was charged with a misdemeanor violation of the CWA, punishable by up to one year in jail and $100,000 fine.
If convicted, NOSC faces a possible term of probation and a fine of up to $50,000 or twice the gross gain to the defendant or twice the gross loss to any victim as well as a mandatory $100 special assessment fee. A bill of information is merely a charge, and the guilt of the defendant must be proven beyond a reasonable doubt.
The case was investigated by the Environmental Protection Agency’s Criminal Investigation Division, and the Department of Transportation’s Office of Inspector General. Assistant U.S. Attorney Carter K.D. Guice, Jr. of the General Crimes Unit is in charge of the prosecution.
New Haven Teen Pleads Guilty, Admits Role in 5 CarjackingsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that TIHAJA ORTIZ-TUCKER, also known as “TJ,” 19, of New Haven, pleaded guilty today before U.S. District Judge Janet Bond Arterton in New Haven to carjacking and conspiracy offenses.
According to court documents and statements made in court, between March and July 2022, Ortiz-Tucker and others posed as interested buyers of motor vehicles advertised by Connecticut residents (the “victim-sellers”) on Facebook Marketplace. On three occasions, Ortiz-Tucker and his co-conspirators arranged to meet in person with the victim-sellers for the purported purpose of test driving and purchasing the motor vehicles. At the conclusion of the purported test drives, Ortiz-Tucker and his co-conspirators stole, at gunpoint, the vehicles, as well as certificates of title, bills of sale, and other ownership documents. On at least two occasions, Ortiz-Tucker posed as the legitimate owner of stolen motor vehicles, advertised them for sale on the OfferUp online platform, and sold them to unwitting purchasers.
Ortiz-Tucker also participated in two carjackings of Uber drivers in May 2022. In both instances, an Uber driver picked up the carjacker in New Haven and drove to Wallingford where the cars were taken from the Uber drivers at gunpoint. Both cars were later recovered in the same area of Hamden.
Ortiz-Tucker was arrested on July 22, 2022.
Ortiz-Tucker pleaded guilty to three counts of taking a motor vehicle from a person by force, violence, and intimidation (“carjacking”), an offense that carries a maximum term of imprisonment of 15 years on each count, and one count of conspiracy, an offense that carries a maximum term of imprisonment of five years.
Judge Arterton scheduled sentencing for August 22.
Ortiz-Tucker, who had been released on bond and residing with family members in California, was remanded to custody at the conclusion of the sentencing proceeding.
On May 2, 2023, Ruben Montano, 20, of New Haven, pleaded guilty to one count of carjacking and admitted that he participated in one of these carjackings in July 2022, and the subsequent sale of the vehicle. Montano, who is detained in state custody on unrelated charges, is scheduled to be sentenced on July 31.
This matter is being investigated by the Federal Bureau of Investigation’s Safe Streets Violent Crime Task Force, the Connecticut State Police and the Wallingford, New Haven, Hamden, Waterbury, and Bridgeport Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Sarah P. Karwan and Tara E. Levens.
U.S. Attorney Avery encouraged those who sell and purchase items online, and need to meet an individual in person to complete the sale, to use a visible, monitored location. Contact your local police department to see if it offers a monitored meeting location, or search online for a nearby monitored location.
Modesto Man Sentenced to over 14 Years in Prison for Receiving and Distributing Child PornographyRead the Press Release
FRESNO, Calif. — Jerrid Kunkel, 27, of Modesto, was sentenced today to 14 years and seven months in prison, to be followed by 10 years of supervised release, for receiving and distributing material involving the sexual exploitation of minors, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between April 2014 and December 2017, Kunkel received and distributed at least 600 images of child pornography over the internet from his cellphone.
This case was the product of an investigation by Homeland Security Investigations. Assistant U.S. Attorney Brittany M. Gunter prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Michigan Man Pleads Guilty in Pandemic Fraud SchemeRead the Press Release
PITTSBURGH, PA - A resident of Michigan pleaded guilty in federal court to charges of mail fraud and identity theft, Acting United States Attorney Troy Rivetti announced today.
Milton Barth Reed, age 32, pleaded guilty to two counts before United States District Judge Cathy Bissoon on May 26, 2023.
In connection with the guilty plea, the court was advised that, in September 2020, Reed was located in Pittsburgh, PA, in possession of a notebook containing the personally identifying information of twenty-four individuals. Each of these identities had been used to file a fraudulent application for Pandemic Unemployment Assistance (PUA) benefits in the Commonwealth of Pennsylvania. While in Pittsburgh, Reed had attempted to pick up two fraudulently issued PUA debit cards that were supposed to be delivered by commercial carrier to an address near Ben Avon.
Sentencing in this matter has been scheduled for October 3, 2023. The law provides for a total sentence of 22 years in prison, a fine of $500,000, or both. 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.
Pending sentencing, the court ordered that the defendant be detained.
Assistant United States Attorney Jeffrey R. Bengel is prosecuting this case on behalf of the government.
The Department of Homeland Security/Homeland Security Investigations, United States Postal Inspection Service, and United States Department of Labor – Office of Inspector General conducted the investigation that led to the prosecution of Milton Barth Reed.
Mexican National Extradited from Mexico to the United States to Face Cocaine Trafficking and Money Laundering ChargesRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Gilberto Alarcon-Holguin a/k/a Beto, 55, a Mexican national, was arraigned in the U.S. District Court for the Western District of New York on charges of conspiracy and possession with intent to distribute cocaine and conspiracy to launder the illicit proceeds charges. In December 2022, Alarcon-Holguin was arrested by Mexican authorities in Mexico pursuant to an extradition request from the United States. he was extradited from Mexico to the United States on May 26, 2023.
Assistant U.S. Attorneys Michael J. Adler and Jeremiah E. Lenihan, who are handling the case, stated that according to the indictment against Alarcon-Holguin, between October 2017, and December 2018, he conspired with others to sell cocaine and then launder the proceeds of the drug sales. During the course of the investigation, law enforcement seized approximately 2.6-million dollars.
Alarcon-Holguin was arraigned today before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was held pending a detention hearing on June 6, 2023, at 1:00 p.m. before U.S. Magistrate Judge Michael J. Roemer.
The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia; the New York State Police, under the direction of Major Eugene Staniszewski; the Erie County Sheriff’s Department, under the direction of Sheriff John Garcia; and Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations. Additional assistance was provided by the New York National Guard and Homeland Security Investigations, El Paso, Texas. The Government of Mexico, including the Fiscalía General de la República (FGR), provided significant assistance in the extradition of Alarcon-Holguin to the United States. The Justice Department’s Office of International Affairs worked with law enforcement partners in Mexico to secure the arrest and extradition of Alarcon-Holguin.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Marysville Man Pleads Guilty to Child Exploitation ChargesRead the Press Release
SACRAMENTO, Calif. — Brent Hooton, 50, of Marysville, pleaded guilty today to sexual exploitation of a child and distribution of child pornography, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in May 2021, Hooton produced images of a child under the age of 12 engaged in sexually explicit conduct. Hooton then distributed those images to other users over the Kik messaging app.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Audrey Hemesath and Denise Yasinow are prosecuting the case.
Hooton is scheduled to be sentenced on Sept. 12, 2023, by U.S. District Judge Dale A. Drozd. Hooton faces a mandatory minimum sentence of 15 years in prison, a maximum statutory penalty of 30 years in prison on the sexual exploitation of a child count, and a mandatory minimum sentence of five years in prison, a maximum statutory penalty of 20 years in prison on the distribution of child pornography count. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Man Pleads Guilty to Robbing the Service Credit Union in KeeneRead the Press Release
CONCORD – A Keene man pleaded guilty in federal court to robbing the Service Credit Union on Winchester Street in Keene, New Hampshire, U.S. Attorney Jane E. Young announces.
Ethan Clark, 31, pleaded guilty to bank robbery. U.S. District Court Judge Joseph Laplante scheduled sentencing for September 7, 2023. Clark was charged on May 10, 2023.
On November 28, 2022, Clark gave a bank teller at the Service Credit Union in Keene a note demanding money, stealing more than $4,700. Surveillance footage shows that Clark left the bank and walked to a van he stole from his former employer. Later that day, Clark was seen driving the van in Lawrence, Massachusetts. When law enforcement searched the vehicle, they found a note consistent with the robbery note given to the teller.
The charging statute provides a sentence of no greater than 20 years in prison, 3 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 FBI led the investigation. Valuable assistance was provided by the Keene Police Department and the Lawrence Police Department. Assistant U.S. Attorney Matthew Hunter is prosecuting the case.
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Lodi Man Sentenced to over 12 Years in Prison for Fentanyl Pill and Methamphetamine TraffickingRead the Press Release
SACRAMENTO, Calif. — Vincent Jose Vasquez, 29, of Lodi, was sentenced today to 12 years and six months in prison for fentanyl and methamphetamine trafficking, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in October 2020, law enforcement officers seized approximately a kilogram of heroin that Vasquez was transporting. On May 5, 2021, more than 10,000 counterfeit oxycodone pills containing fentanyl, more than 900 grams of cocaine, almost 1 pound of methamphetamine, three firearms, and $21,623 in cash were seized following the execution of a search warrant at Vasquez’s residence in Lodi.
This case was the product of an investigation by the Drug Enforcement Administration with assistance by the U.S. Marshals Service, the California Highway Patrol, the San Joaquin County Sheriff’s Department, and the Lodi Police Department. Assistant U.S. Attorney David W. Spencer prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Kings County Man Charged in Operation Red Reaper Sentenced to over 21 Years in Prison for Methamphetamine TraffickingRead the Press Release
FRESNO, Calif. — Florentino Gutierrez, 41, of Hanford, was sentenced today to 21 years and 10 months in prison for conspiracy to distribute and possess with intent to distribute 500 grams and more of a mixture containing methamphetamine, U.S. Attorney Phillip A. Talbert announced.
Gutierrez was one of 21 drug traffickers charged federally as a result of Operation Red Reaper, a multi-agency investigation into the criminal activities of individuals associated with the Kings and Tulare County Nuestra Familia prison gang.
According to court documents, in April and May 2019, Gutierrez conspired with others to traffic over 2 kilograms of methamphetamine. Gutierrez’s plan included using his Cadillac Escalade as collateral to purchase the methamphetamine. His co-conspirators then traveled from Hanford to Bakersfield, where they picked up the methamphetamine. On the return trip, investigators stopped the car, searched it, and seized five bags containing a total of over 2 kilograms of methamphetamine.
This case is the product of an investigation by the Federal Bureau of Investigation with assistance from the Kings County Gang Task Force, the Special Operations Unit of the California Department of Justice and the California Highway Patrol; the California Department of Corrections and Rehabilitation; the Kings County District Attorney's Office; and the Tulare County Sheriff's Office. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Kansas Man Indicted for Using Guns, Death Threats and Racial Slurs to Intimidate Black PeopleRead the Press Release
A Kansas man was indicted by a federal grand jury for using guns, death threats and racial slurs to intimidate Black people and interfere with multiple federally-protected rights.
The indictment alleges that, on July 27, 2022, Austin Schoemann, 30, of Wichita, brandished a firearm and used racial slurs in order to threaten two Black juveniles, Victims 1 and 2, while they were entering a QuikTrip gasoline station. In addition to intimidating and interfering with the two young men, Schoemann used his firearm to threaten a Black adult, Victim-3, who intervened in support of the juveniles’ federally-protected right to be free from racial discrimination when visiting a gasoline station. The indictment also charges Schoemann with using a firearm during and in relation to these crimes of violence.
The indictment further alleges that beginning in January 2022 and continuing through August 2022, Schoemann interfered with the federally-protected housing rights of a white woman, Victim-4, by making threats to hurt or kill any Black people who visited her home. The indictment alleges that Schoemann made many of these threats in-person, and that he would stand outside of Victim-4’s house and shout threats and racial slurs on occasions when he believed she had Black visitors in her house or planned to do so. Schoemann is also charged with two violations of using the internet to distribute videos and messages to Victim-4’s family members and others in which he repeatedly threatened to shoot and kill Black people.
Schoemann faces a maximum penalty of 10 years in prison for the firearms charges, a maximum penalty of five years in prison for distribution of threating messages online and a mandatory minimum of seven years in prison for brandishing a firearm during and in relation to a crime of violence.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Kate E. Brubacher for the District of Kansas and Special Agent in Charge Charles Dayoub of the FBI Kansas City Field Office made the announcement.
The FBI Kansas City Field Office investigated the case.
Assistant U.S. Attorney Aaron Smith for the District of Kansas and Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation. All defendants are innocent until proven guilty beyond a reasonable doubt in a court of law.
Kansas Man Indicted for Using Guns, Death Threats and Racial Slurs to Intimidate Black PeopleRead the Press Release
A Kansas man was indicted by a federal grand jury for using guns, death threats and racial slurs to intimidate Black people and interfere with multiple federally-protected rights.
The indictment alleges that, on July 27, 2022, Austin Schoemann, 30, of Wichita, brandished a firearm and used racial slurs in order to threaten two Black juveniles, Victims 1 and 2, while they were entering a QuikTrip gasoline station. In addition to intimidating and interfering with the two young men, Schoemann used his firearm to threaten a Black adult, Victim-3, who intervened in support of the juveniles’ federally-protected right to be free from racial discrimination when visiting a gasoline station. The indictment also charges Schoemann with using a firearm during and in relation to these crimes of violence.
The indictment further alleges that beginning in January 2022 and continuing through August 2022, Schoemann interfered with the federally-protected housing rights of a white woman, Victim-4, by making threats to hurt or kill any Black people who visited her home. The indictment alleges that Schoemann made many of these threats in-person, and that he would stand outside of Victim-4’s house and shout threats and racial slurs on occasions when he believed she had Black visitors in her house or planned to do so. Schoemann is also charged with two violations of using the internet to distribute videos and messages to Victim-4’s family members and others in which he repeatedly threatened to shoot and kill Black people.
Schoemann faces a maximum penalty of 10 years in prison for the firearms charges, a maximum penalty of five years in prison for distribution of threating messages online and a mandatory minimum of seven years in prison for brandishing a firearm during and in relation to a crime of violence.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Kate E. Brubacher for the District of Kansas and Special Agent in Charge Charles Dayoub of the FBI Kansas City Field Office made the announcement.
The FBI Kansas City Field Office investigated the case.
Assistant U.S. Attorney Aaron Smith for the District of Kansas and Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation. All defendants are innocent until proven guilty beyond a reasonable doubt in a court of law.
KC Man Pleads Guilty to Meth Trafficking, Illegal FirearmsRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man who was injured when his ATV flipped over while making a turn on an Independence, Mo., street pleaded guilty in federal court today to illegally possessing firearms and methamphetamine.
Melvin L. Carter, 48, pleaded guilty before U.S. District Judge Greg Kays to one count of possessing methamphetamine with the intent to distribute, one count of possessing a firearm in furtherance of a drug-trafficking crime, and one count of being a felon in possession of a firearm.
Independence police officers were called to an address on S. Overton Avenue on Oct. 14, 2022, after Carter was ejected from his ATV as it flipped over while making a turn. Prior to the officers’ arrival, the Independence Fire Department responded to an earlier 911 call and informed officers that Carter had been armed when they arrived at the scene of the accident. They retrieved his firearm, a Keltec 9mm pistol, which they turned over to the police officers. Officers found the ATV flipped on its side when they arrived at the scene. Carter was bleeding from his head and being treated by paramedics.
Police officers checked Carter’s jacket and found a plastic baggie that contained approximately 105 grams of methamphetamine.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Carter has prior felony convictions for robbery, possession of a controlled substance, sale of a controlled substance, trafficking, and resisting arrest.
After Carter was federally indicted, Independence police officers located him and placed him under arrest. Carter was in possession of a loaded Glock .40-caliber handgun with an extended magazine and approximately 215 grams of methamphetamine.
Under federal statutes, Carter is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Jeffrey Q. McCarther. It was investigated by the Independence, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Safe Neighborhoods
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.
Justice Department Highlights Initiatives to Prevent and Address Gender-Based ViolenceRead the Press Release
This week, the Justice Department highlighted a series of initiatives aimed at preventing and addressing sexual violence, intimate partner violence, stalking, and other forms of gender-based violence (GBV). With its strong, longstanding commitment to upholding justice and pursuing equality for all, the Justice Department joins its partners across the federal government and communities nationwide to prioritize the safety of all survivors of GBV and lauds the White House’s recent release of the National Plan to End Gender-Based Violence: Strategies for Action.
“Gender-based violence violates fundamental human rights, destroys communities, and fosters social inequities,” said Associate Attorney General Vanita Gupta. “Identifying and preventing these crimes is a top department priority, underscored by this first-ever national plan and the government’s collective commitment to this cause. The Justice Department, with our federal partners, will continue to spotlight the repercussions of these crimes on society and applauds those who support survivors in restoring their sense of safety and well-being.”
GBV affects individuals from all walks of life and spans all ages, representing a significant public safety crisis. It pervades every sphere of human interaction, be it public or private. In our ever-connected world, this form of violence impacts communities nationwide and can often escalate under disaster, conflict or crisis conditions, including global health emergencies such as a pandemic.
During the Launch of the National Plan to End Gender-Based Violence, Acting Director Allison Randall of the Office on Violence Against Women (OVW) delivered remarks and facilitated a roundtable discussion with leaders, advocates, and survivors. “Sexual assault, domestic violence, stalking, and human trafficking are serious violent crimes that make our nation less equal and less just,” said Acting Director Randall. “Only a comprehensive response that is deeply informed by survivors and historically marginalized communities can end gender-based violence. Today we uplift the ongoing work of the Department of Justice and stand with colleagues across the federal government and with communities across the United States.”
The Justice Department’s work to respond to GBV is a whole-of-agency effort to provide comprehensive services for survivors and hold offenders accountable by enforcing the nation’s laws against these crimes. The department’s unwavering commitment to addressing GBV spans across funding, research, policy, technical assistance, training, and guidance that includes, but is not limited, to the following:
Funding
The OVW and the Office of Justice Programs (OJP) administer grants to prevent, address and coordinate community responses across the nation to address gender-based violence. Funding helps to strengthen the criminal justice system’s response, expand victim services, support community-based efforts and bolster prevention.
Of note, the Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022) includes numerous improvements to legal tools and expansions to OVW grant programs addressing domestic violence, dating violence, sexual assault, and stalking. Also, each year, OJP’s Office for Victims of Crime (OVC) administers hundreds of millions of dollars to all states and territories for crime victim assistance and compensation, including for survivors of gender-based violence.
Policies and Guidance
- In October 2022, Attorney General Merrick B. Garland issued revised Attorney General Guidelines for Victim and Witness Assistance. The revised guidelines address the responsibilities of department employees when working with victims and witnesses of crime to ensure that they are treated with dignity and respect during criminal justice proceedings. The Guidelines address the myriad needs of survivors of gender-based violence.
- On May 23, the department released the National Protocol for Intimate Partner Violence Medical Forensic Examinations to guide the clinical practice of conducting comprehensive assessments for patients experiencing intimate partner violence (IPV) that prioritize the patient’s health and well-being.
- In April 2022, the department issued Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking, an agency policy that aims to improve safety in the workplace for employees and contractors who could potentially be victims of such crimes.
- In May 2022, the department released updated guidance in Improving Law Enforcement Response to Sexual Assault and Domestic Violence by Identifying and Preventing Gender Bias aimed at enhancing law enforcement's approach to handling sexual assault and domestic violence cases by identifying and preventing gender bias.
Projects and Initiatives
- In April 2023, the Civil Rights Division’s Coordinating Committee to Combat Sexual Misconduct released a fact sheet showcasing its achievements in combatting sexual misconduct throughout the preceding year.
- In September 2022, OVC funded Restoring Youth: Supporting Sexual Abuse Survivors in Youth Detention, a program aimed at expanding services for sexual abuse survivors in youth detention. The project will build the capacity of four selected grantee partnership sites, comprised of youth detention facilities and community-based sexual abuse survivor service providers, to establish services for youth that are rooted in racial equity and accessible to survivors from traditionally underserved communities.
- OVC funded several initiatives to prevent Female Genital Mutilation or Cutting (FGM/C) including a Support Line for Survivors of FGM/C, an End FGM/C Network Resources Page, and a Voices to End FGM/C Digital Storytelling Project. They also funded two national trainings for maternal healthcare providers to address FGM/C in May of 2023.
- OVC funded the Youth Collaboratory to implement projects to prevent and reduce the victimization of Black girls vulnerable to sex trafficking by increasing the capacity of program providers and other stakeholders working to prevent the trafficking of Black girls. The projects included a three-part video series that amplified voices from the field-direct service professionals, researchers, youth and young adults with lived expertise, and multidisciplinary providers. Additionally, the Girls Action Board (GAB), a national leadership opportunity for youth and young adults (ages 18-24) with lived expertise, wrote and performed a collaborative poetry piece about the importance of centering Black girls.
Addressing Crimes Against American Indian and Alaska Native Communities
- In July 2022, Deputy Attorney General Lisa O. Monaco issued a memorandum reiterating the priority of the Department of Justice to address the disproportionately high rates of violence experienced by American Indians and Alaska Natives, and relatedly, the high rates impacting indigenous women and girls reported missing or murdered. The memorandum directed each U.S. Attorney with Indian country jurisdiction – along with their law enforcement partners at the Justice Department – to update and develop new plans for addressing missing and murdered persons crisis.
- On Aug. 8-10, the OVW will hold the 18th Annual OVW Government-to-Government Tribal Consultation on Violence Against Women in Tulsa, Oklahoma, on behalf of the Attorney General. The 2022 Tribal consultation report is available here.
- In December 2022, the OVC held its Tribal Nation’s Conference in Palm Springs, California, bringing together thousands of Tribal leaders, victim service providers, and criminal justice practitioners to address crime victimization in Indian Country, including all aspects of gender-based violence.
- In April 2022, OVW issued an interim final rule governing the Special Tribal Criminal Jurisdiction (STCJ) Reimbursement Program, a new program authorized under VAWA 2022 to reimburse Tribal governments for expenses incurred in exercising STCJ over non-Native individuals who commit certain covered crimes on tribal lands.
- OVC administers the Tribal Victim Services Set-Aside, which provides non-competitive grant funding to support victim services, including gender-based violence. Tribal set-aside awards support activities such as shelters, child advocacy centers, sexual assault services, community outreach and education; and other activities needed to address survivors in tribal communities.
Research and Data
- In May 2022, OVW released the FY 2023 Research and Evaluation Initiative to conduct research that facilitates researcher-practitioner partnerships and studies interventions that address domestic violence, sexual assault, dating violence, and stalking.
- In March 2023, the Department’s National Institute of Justice released a solicitation to conduct research and evaluation projects examining a broad range of topics, including the crimes of domestic and family violence, intimate partner violence, rape, sex trafficking, sexual assault, stalking, and teen dating violence, also known as adolescent relationship abuse, along with the associated criminal justice system response, procedures, and policies.
- The Bureau of Justice Statistics (BJS) maintains a collection of data that support efforts to address gender-based violence. These measures are collected on several BJS data collections, although the approach to measurement can vary depending on the collection and the year of administration: National Crime Victimization Survey, National Inmate Survey, National Survey of Youth in Custody, and Survey of Prison Inmates.
Jamaican Nationals Sentenced to Federal Prison for Their Roles in Scam Targeting Elderly VictimsRead the Press Release
CHARLESTON, SOUTH CAROLINA —Two Jamaican nationals – Tyrell Harris, 32, and Errol Durrant, 60 – were each sentenced to more than five years in federal prison after pleading guilty to their roles in a fraudulent lottery scam that targeted elderly victims around the country.
Evidence presented to the court showed that, as part of the scheme, the defendants or their co-conspirators would contact elderly victims and falsely inform the victims that they had won a sweepstakes. The supposed prizes in these sweepstakes usually consisted of millions of dollars, a new vehicle, or other valuable items. The defendants and their co-conspirators would tell the victims that they needed to pay bogus fees and/or taxes in order to collect their purported winnings.
The defendants and their co-conspirators would direct the elderly victims where to send the bogus fees and/or taxes. Evidence showed victims purchased prepaid cards, USPS money orders, and bank money orders, and mailed cash/personal checks to the defendants. The defendants in turn wired the fraudulent funds to co-conspirators in Jamaica and amongst various bank accounts opened and controlled by them.
The defendants received more than $1.7 million from the victims they targeted, and at least 70 victims were targeted across 15 states.
United States District Judge Bruce H. Hendricks sentenced Tyrell Harris to 90 months in federal prison and Errol Durrant to 80 months in federal prison. Both defendants’ sentences are to be followed by a three-year term of court-ordered supervision, in the event they are not deported upon release. There is no parole in the federal system. The defendants were also ordered to pay $1,700,512.90 in restitution.
“The District of South Carolina is committed to prosecuting scams that target vulnerable citizens,” said United States Attorney Adair F. Boroughs. “ We appreciate the hard work of our federal agency partners and the continued efforts to investigate these crimes.”
“These individuals preyed on some of the most vulnerable members in our community,” said Tommy D. Coke, Inspector in Charge of the Atlanta Division. “The U.S. Postal Inspection Service and our law enforcement partners will continue our commitment to protect our citizens and bring those responsible for these illegal schemes to justice.”
“This sentence is the result of great work by HSI and our partners at the U.S. Postal Inspection Service to bring these criminals to justice,” said Ronnie Martinez, Special Agent in Charge for HSI Charlotte, which covers North and South Carolina. “These types of crimes can have devastating effects on the elderly and HSI will aggressively pursue criminal prosecution to dismantle Transnational Criminal Organizations, both domestically and internationally, to bring justice to the victims.”
This case was investigated by the United States Postal Inspection Service and Homeland Security Investigations. Assistant United States Attorney Amy Bower prosecuted the case.
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Independence Man Pleads Guilty to Illegal Firearm Obtained Through Straw Purchase Less Than a Month After Leaving PrisonRead the Press Release
KANSAS CITY, Mo. – An Independence, Mo., man pleaded guilty in federal court today to illegally possessing a firearm, which he obtained through a straw purchase less than a month after being released from state prison on parole.
Kurup C. Seuell, 21, pleaded guilty before U.S. District Judge Roseann Ketchmark to being a felon in possession of a firearm.
By pleading guilty today, Seuell admitted that he and a straw purchaser went to Frontier Justice, a firearms store and shooting range in Lee’s Summit, Mo., and purchased a Glock 9mm handgun on Jan. 30, 2021. Seuell was paroled from the Missouri Department of Corrections on Dec. 28, 2020, after attaining a 2018 conviction for stealing. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition.
That same day, after purchasing the firearm, Seuell sent a video through his Facebook account showing the newly purchased firearm on his lap.
Investigation into Seuell’s social media accounts from January 2021 through March 2023 revealed Seuell frequently in possession of various assault-style rifles, handguns (including Glocks with affixed Glock “switches” to convert them to automatic), guns with extended magazines, distribution amounts of marijuana, and large quantities of cash. Seuell displayed a total at least eight but no more than 99 firearms. Seuell frequently created social media posts offering guns for sale. Seuell’s posts included him shooting guns at shooting ranges. It also included a video post of him firing a fully automatic handgun.
On March 29, 2023, while investigators were searching for Seuell to place him under arrest, Seuell posted a video of himself firing an apparent AR-type pistol, equipped with a drum style magazine, at Crossfire Recreation Center in Independence. While shooting, the video shows several other firearms laid out in front of him. Investigators acquired a signed copy (signed by Seuell) of the range safety rules and a signed copy of the range waiver from Crossfire Recreation Center. They also recovered surveillance video of Seuell firing various weapons at the range, and then acquiring 50 rounds of ammunition from the gun store side of the recreation center.
On March 29, 2023, Seuell also posted videos of himself in a bedroom displaying the same guns he’s seen with on the surveillance video and social media. On March 30, 2023, investigators were able to locate the address where Seuell was residing. As Seuell drove away from that residence and law enforcement officers followed, he began driving at a high rate of speed, weaving through traffic. Officers eventually found Seuell’s vehicle at a gas station and arrested him as he left the store.
Officers searched Seuell’s residence and found the firearms that Seuell displayed on his social media, as well as firearms seen in the surveillance video. Officers also found the ammunition that Seuell had acquired from the gun store the prior day.
Under federal statutes, Seuell is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Jeffrey Q. McCarther. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Safe Neighborhoods
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.
Illinois Man Sentenced to Prison for Conspiring to Unlawfully Transport 10 AliensRead the Press Release
ALBANY, NEW YORK – Jorge Alberto Pacheco-Robles, age 35, of Illinois, was sentenced today to a year and a day in prison for conspiring to unlawfully transport 10 Mexican citizens who had illegally crossed the border into the United States.
United States Attorney Carla B. Freedman and Chief Patrol Agent Robert N. Garcia, United States Border Patrol, Swanton Sector, made the announcement.
As part of his guilty plea, Pacheco-Robles admitted that on October 2, 2022, he rode in an SUV with co-conspirator Cesar Batres-Recinos, from Illinois to Constable, New York, to pick up 10 Mexican citizens who recently illegally crossed the international border from Canada into the United States. Pacheco-Robles also admitted that he and Batres-Recinos planned to drive these people to various locations inside of the United States, including Chicago, Illinois, and that he expected to be paid between $500-$1,300 per person transported.
On April 20, 2023, Batres-Recinos was sentenced to 13 months in prison.
The United States Border Patrol investigated this case. Assistant U.S. Attorney Rick Belliss prosecuted the case.
Husband and Wife Sentenced for International Wire Fraud SchemeRead the Press Release
Memphis, TN – Caesar Oruade, 39, and Ayana Saunders, 37, of Hawthorne, California, have been sentenced to federal prison for wire fraud conspiracy and conspiracy to launder money. Kevin G. Ritz, United States Attorney, announced today.
According to United States Attorney Ritz and information presented in court, in May 2017, a computer intrusion at a real estate company resulted in a Memphis woman’s $76,000 down payment on a home being diverted to the bank account of a co-conspirator. Agents investigating the case traced the funds and found that the $76,000 had been "chopped" and sent to several other U.S. bank account holders before ultimately being wired to an account in Nigeria.
Many others across the United States and in Canada had been similarly victimized in their attempts to purchase real estate. The proceeds of romance scams and “hard money” loan scams were also flowing through the same accounts. Bank accounts belonging to defendant Ayana Saunders generally served as the last domestic stop for funds before leaving the United States. Testimony at trial showed that Saunders would take some of the funds before wiring the remaining monies to the Nigerian bank account of her husband, Caesar Oruade.
"These sentences are the result of state and federal law enforcement working together to protect the public from real estate and romance scammers and bringing those responsible to justice," said Douglas S. DePodesta, Special Agent in Charge of the Federal Bureau of Investigation Memphis Field Office. “The FBI continues to hold as a priority the targeting of domestic and foreign fraudsters who seek to scam innocent people out of their hard-earned money."
Senior United States District Judge J. Daniel Breen sentenced Oruade and Saunders to federal prison for 70 months and 60 months, respectively, followed by three years of supervised release. The defendants were also ordered to pay more than one million dollars in restitution. There is no parole in the federal system.
This case was investigated by the Federal Bureau of Investigation (FBI) – Memphis Division, United States Secret Service (USSS), FBI – Los Angeles Division and the Los Angeles Police Department (LAPD).
United States Attorney Kevin Ritz thanked Assistant United States Attorneys Debra Ireland and Raney Irwin, who prosecuted this case, as well as law enforcement partners who investigated the case.
###Fresno Man Charged in Operation No Fly Zone Sentenced to 3 Years and 5 Months in Prison for Unlawful Firearm PossessionRead the Press Release
FRESNO, Calif. — Patrick Feaster, 23, of Fresno, was sentenced today to three years and five months in prison for being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
Feaster was one of seven Fresno residents charged federally as a result of Operation No Fly Zone, a multi-agency investigation that sought to address a rise in the number of shootings and homicides in Fresno. According to court documents, on March 16, 2022, investigators learned that Feaster would be going to a residence in Fresno to pick up a firearm and an extended magazine. Shortly after Feaster left the residence, officers attempted to conduct a traffic stop on his car, but Feaster failed to yield. Feaster got out of the car with a bag and fled on foot. After a chase, officers arrested Feaster and seized the bag from him. Inside the bag, officers found a semi-automatic handgun with an extended magazine. Feaster was not allowed to possess firearms because he had previously been convicted of first degree robbery, a felony offense.
This case was the product of an investigation by the Federal Bureau of Investigation, with assistance from Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Fresno Police Department; the Fresno-area Multi-Agency Gang Enforcement Consortium (MAGEC); the California Department of Justice; the California Highway Patrol; the Fresno County Sheriff’s Office; the Kings County Sheriff’s Office; the California Department of Corrections and Rehabilitation; and the Fresno County District Attorney’s Office. Assistant U.S. Attorneys Justin J. Gilio and Antonio J. Pataca 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 U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Former University of Delaware Student Extradited from Germany and Charged with Stalking and Cares Act FraudRead the Press Release
WILMINGTON, Del. – A Mays Landing, New Jersey man who formerly attended the University of Delaware was extradited from Germany to the United States last week on federal charges of cyberstalking and threats made in interstate or foreign commerce. He was separately indicted for wire fraud and money laundering.
According to the July 2022 stalking and threatening communications indictment and other publicly filed documents, Kyle Stevens, 29, moved to Germany in October 2020. Thereafter, he began sending threatening messages to two female former classmates from the University of Delaware. Over several months, Stevens used multiple electronic platforms to send the victims numerous messages, including expressing his intent to kill them by “put[ting] a bullet in [their] head[s]” and stating he could do so “whenever [he] want[s].”
According to the July 2022 wire fraud and money laundering indictment and other publicly filed documents, while Stevens lived in Germany, he applied for ten fraudulent loans or grants under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Stephens filed those applications on behalf of five fictitious businesses and obtained approximately $1.4 million in fraudulent loan and grant disbursements. Law enforcement has seized over $1.1 million of these funds through associated forfeiture proceedings.
Stevens was extradited from Germany to the United States in May 2023. If convicted, Stephens faces a maximum penalty of five years in prison for threats and stalking and 20 years in prison for wire fraud and money laundering. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
David C. Weiss, U.S. Attorney for the District of Delaware, and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office made the announcement.
This case is being investigated by the FBI with assistance from the University of Delaware Police Department and the Newark Police Department. Assistant U.S. Attorney Carly Hudson is prosecuting the case with assistance from Eastern District of Pennsylvania Assistant U.S. Attorney Ruth Mandelbaum. The Justice Department’s Office of International Affairs worked with law enforcement partners in Germany to secure the arrest and extradition of Stevens.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case Nos. 1:22-CR-65 and 1:22-CR-66.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Former Teacher and Coach Sentenced to 10 Years’ Imprisonment for Child Sex CrimeRead the Press Release
A former Wynot, Nebraska middle school teacher and Sergeant Bluff High School baseball coach was sentenced in federal court in Sioux City. Andrew Heller, age 39, was convicted of sexual exploitation of a minor after pleading guilty in federal court on January 13, 2023.
The FBI and Sioux City Police Department were conducting an undercover investigation to identify subjects engaged in human trafficking in Sioux City, Iowa. As part of the operation, law enforcement posted an advertisement for sex services on a frequently used dating website.
Andrew Heller, a middle school teacher and high school baseball coach responded to an ad purporting to be from a 19-year-old female offering sexual services in exchange for money. After calling the phone number in the ad, Heller began communicating with a person he believed was a 14-year-old girl, but who was actually an undercover FBI agent. Heller agreed to pay $200 cash and bring some Trulys in exchange for sex with the 14-year-old. The meeting date was scheduled, and Heller showed up, as previously arranged, in his vehicle. He was searched by police, who found the cash and Trulys, along with condoms.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Heller was sentenced by United States District Court Chief Judge Leonard T. Strand to 120 months’ imprisonment. He must also serve 5 years of supervised release after the term of imprisonment and pay a $5,100 in special assessments. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Ron Timmons and was investigated by the Federal Bureau of Investigation and the Sioux City Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4059.
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