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23 May 2023
Kaneohe Man Sentenced to 37 Months in Prison for Posting Threats to Kill Others on Social MediaRead the Press Release
HONOLULU – Lindsey Kinney, 44, of Kaneohe, was sentenced today in federal court by Chief United States District Judge Derrick K. Watson to 37 months imprisonment and three years of supervised release for posting two threats to kill others on Instagram. Kinney was found guilty of those crimes by a federal trial jury on February 8, 2023. Kinney has been detained since his arrest on April 13, 2022.
According to the evidence presented at trial, the evidence as to Count 1 showed that in January 2022, defendant posted on his Instagram account threats to cut off the heads of persons identified as Victims 1, 2, and 3 in the indictment and their social media profiles. Victim 1 believed defendant threatened Victims 1 and 2 because Victim 1, acting in his official capacity as a government official, had recently been involved in two encounters with another individual, and the defendant repeatedly referred to Victim 1’s official title. Victim 2 is the wife of Victim 1, and Victim 3 is a close friend of them both.
The information presented as to Count 2, was that in March 2022, Kinney publicly posted on his Instagram account a 15-minute videorecording in which he and a second unseen person made threats to kill Victim 4 and Victim 5, both government officials, and to injure Victim 4’s security staff, including stating, “we cut their heads off right in the [obscenity omitted] palace, for treason -- for treason and human trafficking.” After learning of the threatening post, Victim 4’s security staff increased its vigilance, familiarizing themselves with defendant’s appearance and scrutinizing those who approached Victim 4 to ensure that defendant did not get close to Victim 4. Similarly, in response to Kinney’s post and until the arrest operation began, armed personnel were present at Victim 5’s office during working hours to protect Victim 5 and his staff should defendant appear.
“This prosecution and sentence by the Court send an important message that conduct engaged in on social media can have serious criminal consequences,” said United States Attorney Clare E. Connors. “Posting threats to kill specific targets on social media like Instagram criminally terrorizes members of our community and will not be tolerated by federal law enforcement.”
The Federal Bureau of Investigation conducted the investigation that resulted in the convictions. Assistant U.S. Attorney Craig Nolan prosecuted the case.
Justice Department Secures Agreements with Ten Employers for Posting Discriminatory Job Advertisements on a College Recruiting PlatformRead the Press Release
The Justice Department announced today that it has secured another 10 settlements with companies that used a college recruiting platform to post job advertisements that unlawfully excluded non-U.S. citizens. These agreements add to the department’s recent settlements with 20 other companies resolving similar claims – 16 in June 2022 and another four in September 2022 – and bring the total civil penalty amount for all 30 employers to over $1.6 million.
“The Justice Department has now held 30 companies accountable for using a college recruitment platform to post discriminatory job advertisements that locked non-U.S. citizen students out of job opportunities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These settlements should make clear our commitment to enforcing federal civil rights laws to ensure that all applicants have a fair and equal chance to compete for jobs.”
The department’s involvement in these matters began after a Georgia Institute of Technology (Georgia Tech) student, who was a lawful permanent resident at the time, filed a discrimination complaint with the Civil Rights Division. The student alleged that a bank’s advertisement on a Georgia Tech job recruitment platform restricted the posted internship opportunity to U.S. citizens only. On investigation, the department discovered many other discriminatory advertisements on Georgia Tech’s job recruiting platform, as well as platforms operated by other colleges across the United States.
The department found that each of the ten employers with which it is now settling posted on an online job recruitment platform operated by Georgia Tech at least one job announcement excluding non-U.S. citizens. The department determined that the advertisements deterred qualified students from applying for jobs because of their citizenship status, and in many cases the citizenship status restrictions also blocked students from applying or even meeting with company recruiters.
The new settlements, like the 20 before them, require each company to pay a civil penalty. The amount of each employer’s penalty is based on the number of discriminatory advertisements it posted:
Employer
Penalty Amount
1.
Asurion LLC
$13,395
2.
Black & Veatch Corporation
$8,930
3.
Deluxe Corporation
$183,065
4.
Freese & Nichols Inc.
$4,465
5.
Grey Orange Inc.
$13,395
6.
Honeywell International Inc.
$191,995
7.
Procter & Gamble
$8,930
8.
Georgia Tech Research Institute
$31,255
9.
Stryker Employment Company LLC
$4,465
10.
Wiley Bros.
$4,465
TOTAL
$464,360
In addition to paying civil penalties, the employers’ recruiting staff must undergo training on the Immigration and Nationality Act’s (INA) anti-discrimination provision and refrain from including specific citizenship or immigration status designations in their campus job postings unless the restrictions are required by law.
The INA generally prohibits employers and recruiters from limiting jobs based on citizenship or immigration status unless required by a law, regulation, executive order or government contract. The INA protects asylees, refugees, recent lawful permanent residents, U.S. citizens, and U.S. nationals from citizenship status discrimination in hiring, firing, and recruitment or referral for a fee.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. IER’s website has more information on how employers can avoid discriminating based on citizenship status when hiring and recruiting. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe for email updates from IER.
Spanish version
Johnstown Man Sentenced to 60 Months in Prison and 4 Years of Supervised Release for Conspiring to Distribute and Possess with Intent to Distribute Cocaine, Heroin, and MethamphetamineRead the Press Release
JOHNSTOWN, Pa. – A former resident of Johnstown, PA, has been sentenced in federal court to a total of 60 months in prison followed by 4 years of supervised release on his conviction of conspiracy to distribute and possess with intent to distribute cocaine, heroin, and methamphetamine, Acting United States Attorney Troy Rivetti announced today.
Senior United States District Judge Kim R. Gibson imposed the sentence on Darren Alston, age 31, of Johnstown, Pennsylvania.
According to information presented to the court, from on or about April 2019, to on or about July 2021, Alston did conspire to distribute and possess with intent to distribute 28 grams or more of a mixture and substance containing a detectable amount of cocaine base, in the form commonly known as crack, a quantity of a mixture and substance containing a detectable amount of heroin, and a quantity 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 Federal Bureau of Investigation, Laurel Highlands Resident Agency and Homeland Security Investigations for the investigation that led to the successful prosecution of Alston. 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, Pennsylvania Office of the Attorney General, Pennsylvania State Police, Cambria County District Attorney’s Office, Indiana County District Attorney’s Office, Cambria County Sheriff’s Office, Cambria Township Police Department, Indiana Borough Police Department, Johnstown Police Department, Upper Yoder Township Police Department, Richland Police Department, Ferndale Police Department 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.
Jefferson Parish Man Charged with Federal Firearm PossessionRead the Press Release
NEW ORLEANS, LA. - KEVIN HAMILTON, age 27, of Marrero, LA, was indicted on May 19, 2023 on a single count of Possession of a Firearm by a Convicted Felon in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(8), announced U.S. Attorney Duane A. Evans.
According to the indictment, HAMILTON possessed a firearm in the French Quarter despite being prohibited from doing such due to previous felony convictions. If convicted, HAMILTON faces up to fifteen years imprisonment, up to a $250,000 fine, up to three years of supervised release and a mandatory $100 special assessment fee.
U.S. Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
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.
U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives and Louisiana State Police. This case is being prosecuted by Assistant U.S. Attorney Stuart Theriot of the Narcotics Unit.
Jackson Man Sentenced to over Five Years in Prison for Being a Convicted Felon in Possession of a FirearmRead the Press Release
Jackson, Miss. – A Jackson man was sentenced today to 64 months in federal prison for possession of a firearm by a convicted felon, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
According to court documents, on July 18, 2020, Tremaine Gill, 41, was found with three firearms in his possession by the Jackson Police Department during the execution of a search warrant. Gill has multiple previous felony convictions, and it is a violation of federal law for a convicted felon to possess any firearm.
Gill pled guilty on February 27, 2023, to possession of a firearm by a convicted felon.
The case was investigated by the Jackson Police Department and the FBI. Assistant U.S. Attorney Matt Allen prosecuted the case.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Illinois Man Sentenced to More Than 31 Years in Federal PrisonRead the Press Release
DES MOINES, IA – On Monday, May 22, 2023, a Markham, Illinois man was sentenced to 375 months in prison. During a January 2023 trial, Carl Murphy, 53, was convicted of conspiracy to distribute heroin for his role in a large-scale heroin and fentanyl conspiracy.
According to court documents and evidence presented at trial, over the course of a 14-month investigation, including the use of wiretaps, law enforcement identified Murphy, also known as “P” and “C-Note,” as a heroin/fentanyl supplier for numerous street-level dealers in the Des Moines Metro from 2019 through July 2021.
Murphy is a high-ranking member of the Black P Stone Nation, a criminal street gang based in Chicago. Murphy had a large distribution network consisting of lower ranking gang members, which he helped run and control. The street-level dealers traveled to and from Murphy’s Chicago suburb residence to purchase large quantities of heroin/fentanyl for redistribution in Des Moines. While awaiting trial, Murphy threatened individuals he believed to be cooperating against him, intimidated potential witnesses, and orchestrated a violent assault of an individual in his jail housing unit. Murphy was previously convicted of distribution of a controlled substance in the Northern District of Illinois in 2011.
At sentencing, Chief United States District Court Judge Stephanie M. Rose found that Murphy was an organizer or leader of the conspiracy; obstructed justice by attempting to influence witnesses, threatening others, and orchestrating an assault; and maintained a residence for drug trafficking. As a result, Murphy was sentenced to 375 months in prison. There is no parole in the federal system.
In July 2021, Murphy and others were arrested and charged following the execution of numerous search warrants. Twenty-three co-defendants were sentenced as part of this drug conspiracy including:
• Malek Shawn Holmes, also known as “Chubbs,” 23, was sentenced to 50 months imprisonment;
• Pierre Fontain Black, also known as “Rico,” “Peezy,” and “Pezzo,” 32, was sentenced to 192 months imprisonment;
• Deshawn Levell Greer, also known as “Jack,” 31, was sentenced to 87 months imprisonment;
• Gregory Izell Spight, also known as LoSo, 43, was sentenced to 63 months imprisonment;
• Earl Clay, III, also known as “BD,” 30, was sentenced to 87 months imprisonment;
• Michael Byrd, also known as “Big Mike,” 30, was sentenced to 63 months imprisonment;
• Azim Abdul-Ahad, also known as “Tana,” 24, was sentenced to 60 months imprisonment;
• Ronald Harris, 37, was sentenced to 60 months imprisonment;
• Daeante Dewayne Neely, also known as “Black,” 30, was sentenced to 60 months imprisonment;
• Derrick Fleming, also known as “Flock,” 29, was sentenced to 70 months imprisonment;
• Dandre Cox, also known as “Dusky,” 22, was sentenced to 60 months imprisonment;
• Patrick Staples, 30, was sentenced to 60 months imprisonment;
• Tabaris Brown, also known as “TB,” 24, was sentenced to 24 months imprisonment;
• Brandon Reed, also known as “J,” 33, was sentenced to 12 months and 1-day imprisonment;
• Jason Beaman, 48, was sentenced to 18 months imprisonment;
• Elijah Seymour, also known as “Big Josh,” 34, was sentenced to 24 months imprisonment;
• Felicia Olson, 31, was sentenced to 12 months and 1-day imprisonment;
• Sarah Hume, 40, was sentenced to 24 months imprisonment;
• Andrew Price, 31, was sentenced to 3 years supervised release;
• Jamisha Canada, 45, was sentenced to 5 years supervised release;
• Tonie Canada, 40, was sentenced to 60 months imprisonment;
• Rickey’a Dee Jackon, also known as “Kia,” 23, was sentenced to 3 years probation.
There is no parole in the federal system.“Let there be no doubt as to law enforcement’s continued resolve to prosecute Carl Murphy and any individuals, groups, and gangs who believe they can distribute deadly drugs such as heroin and fentanyl in our community,” United States Attorney Richard D. Westphal of the Southern District of Iowa said. “This significant sentence is an example of the fate that awaits them. Our thanks to the tireless effort of the officers and agents involved in this complex investigation.”
The investigation was conducted by the Mid-Iowa Narcotics Enforcement Task Force (MINE) and the Central Iowa Gang Task Force (CIGTF), with assistance from the: Des Moines Police Department; Iowa Division of Narcotics Enforcement; Polk County Sheriff’s Office; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Iowa State Patrol; Iowa Division of Intelligence and Fusion Center; Iowa State Patrol SWAT; United States Marshals Service; Central Iowa Drug Task Force; Drug Enforcement Agency; Mid-Iowa Narcotics Enforcement Task Force East; Homeland Security Investigations; Altoona Police Department; Story County Sheriff’s Office; Ames Police Department; Norwalk Police Department; West Des Moines Police Department; Ankeny Police Department; METRO Star; Suburban Emergency Response Team (SERT); Iowa Fifth Judicial District; Federal Bureau of Investigation Chicago; Federal Bureau of Investigation Kansas City; Federal Bureau of Investigation Minneapolis; Federal Bureau of Investigation Omaha; and the Organized Crime Drug Enforcement Task Forces (OCDETF). Assistant United States Attorneys Mallory Weiser and Amy Jennings prosecuted the case with the assistance of Victim Witness Specialist Charlotte Kovacs.
This investigation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
INTERPOL Washington Director Michael A. Hughes Delivers Remarks at "INTERPOL at 100: Celebrating a Century of Transnational Police Cooperation"Read the Press Release
Yesterday, INTERPOL Washington hosted a celebration of the 100-year anniversary of the world’s largest police organization. The ceremony included remarks from Deputy Attorney General Lisa O. Monaco, INTERPOL Secretary General Jürgen Stock, and Deputy Secretary of Homeland Security John Tien, reflecting on the challenges, successes, and future of international law enforcement.
Video of the event can be viewed here: Celebrating One Hundred Years of Interpol
INTERPOL Washington Director Michael A. Hughes's remarks as prepared for delivery:
Thank you, Secretary General Stock, for being with us here today. During your time as Secretary General, you have brought INTERPOL to new heights and better equipped our 195 member countries with the means and abilities to detect and interdict crimes around the globe. And, thank you Deputy Attorney General Monaco for your leadership here at the Department of Justice and to you, Deputy Secretary Tien for all of your work at the Department of Homeland Security. You both have been steadfast supporters of our INTERPOL mission, and it is your support and confidence that we are able to have so much success.
Acting Assistant Attorney General, and former INTERPOL Executive Committee member Jolene Lauria, your ongoing commitment to INTERPOL is invaluable and has added much value to our domestic and international missions. There are so many important people in this room who have made a positive impact on our INTERPOL work, that we would be here all day if I called you all out. So I will say thank you to everyone for being here today to celebrate 100 years of INTERPOL.
It is an honor to address this distinguished audience on such a momentous occasion. It is an even greater honor to represent the men and women of INTERPOL Washington, who stand watch each day to keep our country safe and build a better world. As Director of INTERPOL Washington and as one of the 13 elected INTERPOL Executive committee members, I see the great work being done each day by the INTERPOL organization in fighting all forms of transnational crime and terrorism.
Since its founding in 1923, INTERPOL has been instrumental in promoting global law enforcement cooperation and fighting transnational crime. But today’s criminals have since evolved. They are increasingly anonymous, increasingly transnational, and increasingly dangerous. Thanks to INTERPOL, 100 years later, information on the worst of the worst transnational criminals and terrorists from anywhere in the world can be shared directly with frontline police officers, investigators, and border security agents in any one of our over 18,000+ police agencies across the United States.
And, as part of INTERPOL’s network, we have direct communication with all of the other member countries, to exchange vital information that is crucial to our public safety and national security. At INTERPOL Washington, we are proud to be at the forefront of this effort.
Our team of dedicated professionals work tirelessly every day to support our partners across the United States and around the world, leveraging cutting-edge technology and intelligence-sharing to disrupt transnational crime and protect our communities. The United States realizes the value of the INTERPOL network and, as such, continues with our strong engagement in various INTERPOL projects. You have heard many examples of INTERPOL successes in combatting transnational crimes, but the secret to the organization’s success is our ability to compile and exchange actionable information in all our INTERPOL 195 member countries.
Realizing this, the United States has been leading many member country capacity building projects with INTERPOL. For instance, through Project Terminus and Project Gemini, we are helping to extend INTERPOL’s I-24/7 secure global police communications system to high-risk areas around the world.
This helps deliver solid, actionable criminal intelligence in a secure manner to countries where it’s needed most.
These programs provide certain member country National Central Bureaus with updated equipment to access INTERPOL data and, our personnel provide training to our partners to assist them to effectively utilize INTERPOL connectivity at border-control points of entry and in other areas. This helps strengthen the ability of law enforcement and border security agencies to detect and interdict the illicit international travel of transnational criminals, as well as Foreign Terrorist Fighters.
This has proven to be quite effective. For instance, in Indonesia, which began as a test case a few years back, has since enabled connectivity to INTERPOL data to and from over 170 of its Ports of Entry. Also, in Nigeria, we were successful in adding over 147,000 critical Nigerian records to the INTERPOL database within the first hour of implementation, and those numbers continue to grow exponentially.
And, following our Project Terminus efforts in the Maldives, we were able to increase their queries of INTERPOL information by nearly 300%, and in Panama, the number of Stolen and Lost Travel Documents entered into INTERPOL holdings increased by nearly 50,000 records. These are significant successes that benefit the United States and all member countries. With information sharing at the heart of INTERPOL, we must continue to ensure connectivity of member countries to combat all transnational crime and terrorism. INTERPOL Washington is one of the Department of Justice’s five law enforcement components, and the key to the success of our agency is our people.
We are very proud of our diverse workforce consisting of extremely talented full-time employees, other agency detailees from across the government, and contractors. This mix of experience and skill make INTERPOL Washington very effective in providing top-notch service to our many customers and stakeholders across the United States and around the world.
The success of INTERPOL Washington is due to our incredible people, the true backbone of our agency, working 24 hours a day, 7 days a week, every day of the year, to ensure our missions are accomplished. I thank all of our INTERPOL Washington personnel, many of whom are here today, and all of our personnel who worked diligently to put together this INTERPOL 100 year commemoration ceremony. Let’s have a round of applause to show them our appreciation. We have made many advances and had many successes throughout INTERPOL’s 100 years.
But, our work is far from done. As transnational criminals and terrorists continue to evolve, we must remain vigilant and adaptable in our law enforcement response. Now, more than ever, we must continue to work together, domestically and internationally, and remain committed to building strong partnerships, harnessing the power of ever-changing technology, and investing in our people to ensure that we can stay ahead of the criminals and terrorists that threaten our communities. We need to ensure that our INTERPOL organization remains faithful to its foundational principles of respect for human rights, the rule of law and neutrality by continuing to strengthen the governance of the organization and ensuring strong leadership that values democracy.
As we sit here in the Great Hall of the Robert F. Kennedy building, I am reminded of his words: “The purpose of life is to contribute in some way to making things better.”
Everyone in this room is contributing to making things better - even by celebrating this 100-year INTERPOL milestone. Your presence here builds the bridges, builds the relationships, and builds the partnerships that advance our mission in countless ways. I hope you will walk out of these doors today inspired by what international police partnerships and collaboration do to keep our families, our communities, our country and the world safe.
On behalf of the men and women of INTERPOL Washington, I want to express my deepest gratitude to our all of our partners, both here in the United States and around the world, for your unwavering support and collaboration. Together, we have accomplished so much over the past century, and I am confident that we will continue to make progress in the years to come.
Thank you once again for the privilege of speaking to you today, and for your ongoing dedication to the cause of global security and justice. Happy 100-year Anniversary, INTERPOL!
INTERPOL Washington Deputy Director Marc A. Zimmermann's remarks as prepared for delivery:
Good morning everyone.
Thank you for joining us today in celebration of INTERPOL’s 100th anniversary. Happy Birthday! From my perspective, 100 never looked so good! I am honored to speak with you about INTERPOL and what the organization means to law enforcement.
The International Criminal Police Organization has unparalleled reach, with 195 member countries, it is the largest police organization in the world. INTERPOL has a hand in nearly all facets of law enforcement – from border security and fugitive apprehensions, to child exploitation investigations and efforts to dismantle transnational criminal organizations. INTERPOL is at the center of so much of what happens in the global law enforcement community and that is no different here in the United States.
Through INTERPOL Washington, the over 18,000 law enforcement agencies here in the US are connected to a global network of law enforcement professionals, each one working to make the world a safer place. INTERPOL Washington provides law enforcement personnel, whether in remote locations or in big cities, with access to data to inform their decision making. This is all of you….federal, state, and local law enforcement working at INTERPOL Washington with partners from around the world, many of whom are represented here today.
While we are here to celebrate 100 years of INTERPOL, we are also celebrating 20 years of the Department of Justice and the Department of Homeland Security co-managing INTERPOL Washington. As the senior DHS official at INTEREPOL Washington, I can attest that the DHS commitment to partnership is in fact evident in everything that we do across the INTERPOL network. We partner, domestically and internationally, to share best practices and leverage expertise in our never-ending quest to bring criminals to justice throughout the world and increase the safety and security of the communities we serve.Before we kick off the festivities here today, I want to take a moment to thank the women and men of INTERPOL Washington for the extraordinary work they undertake in support of law enforcement operations. And I want to thank all of you for being here today and for your commitment to INTERPOL. Working together, we can make a difference.
Hudson County Man Sentenced to 21 Months in Prison for Conspiracy to Steal CryptocurrencyRead the Press Release
NEWARK, N.J. – A Hudson County, New Jersey, man was sentenced today to 21 months in prison for conspiring to steal more than $500,000 worth of cryptocurrency from users’ accounts with a cryptocurrency exchange platform, U.S. Attorney Philip R. Sellinger announced.
Ebrahem Adeeb, 20, of Bayonne, New Jersey previously pleaded guilty by videoconference before U.S. District Judge Claire C. Cecchi to an information charging him with conspiring to commit wire fraud.
According to documents filed in the case and statements made in court:
From October 2020 through May 2021 Adeeb and his conspirators “swapped” the subscriber identity module (SIM) associated with a victim’s phone number for another SIM loaded into a mobile device they controlled in order to access and control the victim’s accounts. Adeeb and his conspirators then sent a password reset request to a digital currency exchange platform, which caused the company to send a password reset link to the victim’s email account. Adeeb and his conspirators then accessed the victim’s email account and account at the currency exchange company and transferred cryptocurrency from the victim’s account to a cryptocurrency wallet they controlled. Adeeb and his conspirators stole cryptocurrency valued at more than $500,000 at the time of the thefts.
In additional to the prison term, Judge Cecchi sentenced Adeeb to three years of supervised release and ordered him to pay restitution of $504,418.
U.S. Attorney Sellinger credited the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Cybercrime Unit in Newark.
Herkimer County Man Sentenced to Prison for Possessing and Intending to Distribute “Bath Salts”Read the Press Release
ALBANY, NEW YORK – Jordan Burks, a/k/a Justin Burts, age 32, of Ilion, New York, was sentenced today to 36 months in prison for possessing a drug, sometimes marketed as “bath salts,” with the intent to distribute it. United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations, made the announcement.
On January 12, 2022, federal agents executed a search warrant at Burks’s home and recovered about 454 grams of alpha-Pyrrolidinohexiophenone, three digital scales, and $19,393 in cash. In the weeks leading up to the execution of the search warrant, agents seized five packages of alpha-Pyrrolidinohexiophenone—one of which contained more than a quarter-kilogram of the drug—bound for Burks’ home. Burks admitted that he intended to distribute the “bath salts.”
United States District Judge Glenn T. Suddaby also imposed 3 years of post-release supervision.
HSI investigated the case, and Assistant U.S. Attorney Jonathan S. Reiner prosecuted it.
Grand Rapids Physician Pays over $135,000 for Allegedly Using Foreign, Unapproved Botox to Treat Medicare BeneficiariesRead the Press Release
GRAND RAPIDS – U.S. Attorney for the Western District of Michigan Mark Totten today announced that Derek Lado, D.O., and his Grand Rapids practice, Elite Medical Spine & Musculoskeletal Center PLLC (Elite), have agreed to pay $135,871.84 to resolve allegations that they violated the False Claims Act by using foreign, unapproved Botox to treat Medicare beneficiaries and then billing Medicare for those services.
“Patients deserve the confidence that their medical practitioners are following the rules to keep them safe,” said U.S. Attorney Mark Totten. “If you cut corners by using foreign drugs that have not been approved by the FDA as safe and effective to treat our Medicare population, there will be consequences.”
The United States alleged that Dr. Lado and Elite treated patients with Botox (onabotulinumtoxinA), a drug administered by injection that the U.S. Food and Drug Administration (FDA) has approved for a variety of treatments. However, beginning in August 2018, Dr. Lado and Elite began to purchase and use foreign, unapproved onabotulinumtoxinA for these treatments in order to cut costs. Government officials seized numerous packages of the foreign, unapproved drugs en route to Elite, and they warned the practice that it was importing adulterated and misbranded drugs. Despite these warnings and Medicare rules that the program denies coverage of drugs that have not received approval from the FDA, Dr. Lado knowingly used these foreign, unapproved drugs to treat Medicare beneficiaries and billed Medicare for those services.
“Providers can place patients at risk of harm through the importation and use of unapproved drugs,” said Mario M. Pinto, Special Agent in Charge at the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “Protecting the safety of Medicare and Medicaid patients is crucial, and HHS-OIG is committed to ensuring that taxpayer dollars are not used for unapproved, potentially dangerous medical substances, that put patients at risk.”
“The FDA requirements are designed to ensure the safety, efficacy, and quality of drugs distributed to American consumers,” said Special Agent in Charge Ronne L. Malham, FDA Office of Criminal Investigations (FDA-OCI) Chicago Field Office. “We commend the efforts of the Department of Justice to protect the public health and hold accountable those who place profits over patient safety.”
“We will continue to work with our partners to prioritize the safety of our Michigan residents,” said Detroit Special Agent in Charge Angie M. Salazar, Homeland Security Investigations (HSI). “Unregulated goods, more importantly those used in medical treatments, present a variety or dangers and risks that no patient should be subject to.”
The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Western District of Michigan, HHS-OIG, FDA-OCI, and HSI. Assistant U.S. Attorney Andrew J. Hull prosecuted this matter.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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Grand Jury Indicts New Orleans Man for Violations of the Federal Controlled Substances and Federal Gun Control ActsRead the Press Release
NEW ORLEANS, LA – NAIROBI DAVIS, age 33, of New Orleans, Louisiana, was indicted on May 19, 2023 on one (1) count of Conspiracy to Distribute and Possess with Intent to Distribute Cocaine, Fentanyl, and Marijuana in violation of Title 21, United States Code, Section 846 and one (1) count of Conspiracy to Possess Firearms in Furtherance of a Drug Trafficking Crime in violation of Title 18, United States Code, Section 924(o), announced U.S. Attorney Duane A. Evans.
According to the indictment, DAVIS did knowingly and intentionally conspire with other persons, to distribute and possess with intent to distribute cocaine, fentanyl, and marijuana. For this charge, DAVIS could face up to 20 years imprisonment, up to a $1,000,000 fine, and at least 3 years of supervised release.
Additionally, according to the indictment, DAVIS conspired with other persons to possess firearms in furtherance of a drug trafficking crime. For this charge, DAVIS could face up to 20 years imprisonment, up to a $250,000 fine, and up to 3 years of supervised release.
As to each count , DAVIS faces payment of a mandatory special assessment fee of $100.
United States Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Federal Bureau of Investigation. This case is being prosecuted by Special Assistant United States Attorney Nicholas Rayburn of the Violent Crimes Unit.
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Grand Island Man Sentenced for Methamphetamine and Firearm ChargesRead the Press Release
United States Attorney Steven Russell announced that Christopher Lee Perez, 36, of Grand Island, Nebraska, was sentenced on May 22, 2023, in Lincoln, Nebraska, by Senior United States District Court Judge John M. Gerrard to a term of 13 years’ imprisonment following his conviction for possession with intent to distribute 50 grams or more of a mixture or substance containing methamphetamine and using a firearm in relation to a drug trafficking crime. After he completes his prison sentence, Perez will also serve 5 years on supervised release. There is no parole in the federal system.
On December 1, 2021, law enforcement served a search warrant on Perez’s truck in Grand Island. Inside the truck, they found a backpack with a gun cleaning kit, a bag of 79 grams of methamphetamine, ammunition, and baggies. Under the driver’s seat, officers found a Taurus Millennium G2 pistol with a magazine containing rounds of ammunition. The pistol was readily available to protect Perez and the methamphetamine. Officers also found a digital scale on the rear floorboard.
This case was investigated by the Trident Drug Task Force, which is made up of officers from the Grand Island Police Department, Hall County Sheriff, Hastings Police Department, Adams County Sheriff, Kearney Police Department, Buffalo County Sheriff, Nebraska State Patrol, Homeland Security Investigations, and the Federal Bureau of Investigation.
Gardner Man Sentenced to 10 Years in Prison for Child Pornography OffensesRead the Press Release
BOSTON – A Gardner man was sentenced on May 17, 2023 in federal court in Worcester for distributing and possessing child pornography.
Michael Irons, 46, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 10 years in prison and five years of supervised release. On Jan. 27, 2023, Irons pleaded guilty to one count of possession of child pornography and one count of distribution of child pornography.
During a search of Iron’s residence in July 2020, two cell phones were discovered in Iron’s bedroom – belonging to him – that a preliminary search revealed to contain approximately 500 videos and over 1,000 images of child pornography. It was determined that Irons used an application called Kik Messenger to distribute child pornography; in the application, Irons participated in a group chat where he distributed and encouraged other members to upload child pornography. Irons also had a Snapchat account, which Irons used to solicit nude photographs and videos from purported minors.
Acting United States Attorney Joshua S. Levy and Michael J. Krol, Acting Special Agent in Charge of the Homeland Security Investigations in New England made the announcement today. Assistance was provided by the Gardner and Worcester Police Departments. Assistant U.S. Attorneys Lucy Sun and Kaitlin J. Brown of Levy’s Criminal Division prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.Fresno Resident Arrested for Food Stamp Trafficking Scheme at El Ranchito BakeryRead the Press Release
FRESNO, Calif. — On May 4, 2023, a federal grand jury returned a two-count indictment, charging Jorge Luis Rivera, 53 of Fresno, with conspiracy to commit wire fraud and wire fraud and attempted wire fraud, U.S. Attorney Phillip A. Talbert announced.
The indictment was unsealed following Rivera’s arrest today.
According to court documents, Rivera owned El Ranchito Bakery in Fresno. Beginning in 2005, El Ranchito was authorized by the U.S. Department of Agriculture to accept Supplemental Nutrition Assistance Program (SNAP) benefits, formerly known as Food Stamps. These benefits cannot be exchanged for cash. Between approximately 2011 and August 2018, Rivera directed his employees to exchange SNAP benefits for cash and to accept SNAP benefits for unauthorized items at the request of customers. The loss to the United States is estimated to be over $5 million.
This case is the product of an investigation by the U.S. Department of Agriculture Office of Inspector General (USDA-OIG) and the Federal Bureau of Investigation. Assistant U.S. Attorneys Alexandre Dempsey and Joseph Barton are prosecuting the case.
If convicted, Rivera faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Former deputy constable heads to prison for cocaine conspiracyRead the Press Release
HOUSTON - A 49-year-old Huffman resident has been sent to prison for conspiracy to possess with intent to distribute more than five kilograms of cocaine, announced U.S. Attorney Alamdar S. Hamdani.
Alexsander S. Reyes, a former Harris County Precinct 1 deputy constable, pleaded guilty Jan. 6, 2022.
Today, U.S. District David Hittner sentenced him to a total of 210 months in federal prison to be immediately followed by five years of supervised release. In handing down the sentence, the court noted Reyes committed a “gross abuse of public trust” and committed these crimes while on duty further mentioning how he used his patrol vehicle while possessing his service firearm. Judge Hittner also deemed Reyes a leader/organizer because he recruited other persons to assist in the crimes.
“Reyes was a cop who wanted to help criminals by becoming one himself,” said Hamdani. “While the vast majority of police serve with courage and character, there are sadly a few that choose to dishonor their badges. Ferreting out those bad apples is something we in the Southern District of Texas take seriously so as to ensure the integrity of our criminal justice system.”
“Alexsander Reyes was a dirty cop who got caught red-handed and has now been sentenced to more than 17 years in federal prison,” said Special Agent in Charge James Smith of the FBI. “We hope his lengthy sentence sends a clear message to others who think they can mask their criminal and corrupt behavior with their uniform, gun and badge.”
On or about Dec. 5, 2020, Reyes escorted a tractor-trailer in a marked constable vehicle through Houston with the assistance of his then girlfriend, Priscilla Yvette Cervantes, 46, Huffman. They both believed it contained 10 kilograms of cocaine.
For their assistance, Reyes received a total of $6000 in cash.
However, the drug load was actually part of an undercover operation and included “dummy” or fake cocaine. Prior to the escort, Reyes and Cervantes had traveled twice to Lake Charles, Louisiana, to transport a total of $350,000, proceeds allegedly from the sales of narcotics.
Reyes has been and will remain in custody pending transfer to a U.S. Bureau of Prisons Facility to be determined in the near future.
A federal jury convicted Cervantes in October 2022. She has since been ordered to prison for 121 months.
The FBI conducted the investigation with assistance of Harris County Precinct 1 Constable’s Office, Houston Police Department and Texas Department of Public Safety.
Assistant U.S. Attorneys Carolyn Ferko and Heather Winter prosecuted the case.
Former Missouri Prison Guard Admits Assaulting Inmate, Possession of Child PornographyRead the Press Release
ST. LOUIS – A former Missouri prison guard pleaded guilty to federal charges Tuesday and admitted assaulting an inmate and possessing child pornography.
Carl Hart, 37, of Farmington, was a sergeant in the Eastern Reception, Diagnostic and Correctional Center in Bonne Terre at the time of the Oct. 28, 2021 assault. After a verbal disagreement with an inmate who is the victim in the case, Hart ordered the victim out of his office. When the victim did not immediately return to his cell, two other corrections officers pepper-sprayed him. The victim went to the showers to wash off the spray. Hart admitted striking the victim in the shower and again after the victim had left the shower and was on the ground, handcuffed and compliant. The victim suffered lacerations on his head, swelling on his face, a black eye, numb arms and rib pain that continues to this day, Hart’s plea says.
In a separate investigation, the National Center for Missing and Exploited Children (NCMEC) received a tip about suspected child pornography in Hart’s Dropbox account. The Missouri Highway Patrol Digital Forensics Unit investigated and found child pornography in Dropbox and on one of his phones, Hart admitted in his plea agreement.
Hart pleaded guilty in front of U.S. District Judge Ronnie L. White to one count of deprivation of rights under color of law and two counts of possession of child pornography. The civil rights charge is punishable by up to 10 years in prison, a $250,000 fine or both. Each child pornography charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Hart is scheduled to be sentenced on August 24.
He also faces child pornography charges in St. Francois County Circuit Court.
The case was investigated by the FBI and the Missouri Highway Patrol. Assistant U.S. Attorney Christine Krug is prosecuting the case.
Former Metropolitan Police Officer Convicted of Federal Civil Rights ViolationsRead the Press Release
WASHINGTON – Mark Lamont Clark, 57, a former officer with the Metropolitan Police Department, was found guilty today of two counts of deprivation of civil rights under color of law. The verdict was announced by U.S. Attorney Matthew M Graves and Chief Robert J. Contee, III, of the Metropolitan Police Department.
According to evidence presented in court, on July 13, 2018, while acting under color of law and fully dressed in his MPD uniform, Clark applied a prohibited chokehold to victim D.T., causing bodily injury and depriving D.T. of civil rights, outside a McDonald’s restaurant, following a confrontation Clark had with a friend of D.T. Just five days later, on July 18, 2018, while acting under color of law and fully dressed in his MPD uniform, Clark similarly escalated a verbal confrontation with a McDonald’s patron, victim K.C., and then applied a prohibited chokehold and a prohibited carotid artery hold to K.C., causing bodily injury and depriving K.C. of civil rights. Both offenses were captured on Clark’s MPD body-worn camera (BWC).
U.S. District Judge Carl J. Nichols presided over Clark’s trial and scheduled Clark’s sentencing for August 30, 2023.
This case was investigated by the Internal Affairs Division of the Metropolitan Police Department.
The case is being prosecuted by Assistant U.S. Attorneys Michael Truscott and George Eliopoulos of the U.S. Attorney’s Office for the District of Columbia.
Former Hudson County Sheriff’s Officer Admits Role in Conspiracy to Make False Statements in Connection with Fraudulent Short SaleRead the Press Release
NEWARK, N.J. – A former Hudson County Sheriff’s Officer admitted conspiring to make false statements to a bank in connection with an application to discharge a mortgage through a fraudulent short sale, U.S. Attorney Philip R. Sellinger announced today.
Osbado Hernandez, 54, of Avenel, New Jersey, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court on May 22, 2023, to an information charging him with one count of conspiracy to make false statements in connection with the release of a loan.
According to documents filed in this case and statements made in court:
From September 2015 to Dec. 30, 2015, in order to induce a bank to discharge the mortgage he owed on his house in Keansburg, New Jersey, Hernandez agreed with others to make false statements in connection with a fraudulent short sale of the property, including that he did not have any money to apply toward his mortgage delinquency and that he did not intend to stay in the house for more than 90 days following the short sale. As a result of the fraudulent short sale, the bank discharged over $98,000 of debt against Hernandez.
The false statements conspiracy charge is punishable by a maximum potential penalty of five years in prison and a maximum fine of up to $250,000. Sentencing is scheduled for Oct. 4, 2023.
U.S. Attorney Sellinger credited special agents with the U.S. Attorney’s Office, under the direction of Special Agent in Charge Thomas Mahoney, and special agents with IRS - Criminal Investigation, under the direction of Special Agent in Charge Tammy Tomlins, with the investigation leading to the guilty plea.
The government is represented by Assistant U.S. Attorney Elaine K. Lou, Chief of the U.S. Attorney’s Office’s Opioid Abuse Prevention and Enforcement Unit.
hernandez.information.pdfFormer DEA Agent, KCPD Officer Pleads Guilty to False Tax Return Related to Payday Loan SchemeRead the Press Release
KANSAS CITY, Mo. – A former agent for the Drug Enforcement Administration who is also a former Kansas City, Mo., Police Department officer has pleaded guilty in federal court to filing a false federal income tax return as part of a payday loan scheme.
Patrick Scot Witcher, 57, of Wichita Falls, Texas, waived his right to an indictment and pleaded guilty on Monday, May 22, before U.S. Magistrate District Judge Lajuana Counts to a federal information that charges him with one count of filing a false federal income tax return.
Witcher assisted at least five Kansas City-area individuals with the establishment, operation, and management of various payday lending enterprises. During his guilty plea, Witcher admitted that he filed false federal tax returns that included more than $1 million in unreported income between 2016-2018 from a payday lending enterprise. The operations of that payday lending enterprise purportedly occurred outside of the United States, and then on Native American reservations, but, in reality, the vast majority of the operational, financial, and administrative functions of the payday lending enterprise were based in the Kansas City metropolitan area.
Under federal law, Witcher is subject to a sentence of up to three 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.
The case is being prosecuted by Assistant U.S. Attorneys Kathleen D. Mahoney, Patrick D. Daly, and Matthew N. Sparks, and Trial Attorney Chad M. Davis of the U.S. Department of Justice’s Criminal Division, Money Laundering and Asset Recovery Section. The investigation is being conducted jointly by IRS-Criminal Investigation, the Federal Deposit Insurance Corporation-Office of Inspector General, and the FBI.
Former Bosnian Combatant Charged with Passport FraudRead the Press Release
BOSTON – A Winthrop man was charged yesterday for allegedly using a fraudulently obtained passport to enter the United States from Istanbul, Turkey in 2021.
Azem Gigo Zebic, 51, was charged with one count of use of a fraudulently obtained passport.
According to the charging documents, Zebic first came to the United States from Croatia in 1997. It is alleged that Zebic was admitted to the United States after falsely claiming that he had been the subject of persecution by Serb forces during the Bosnian War. Specifically, Zebic allegedly claimed, among other things, that Serb forces had captured, interrogated, beaten him and forced him to pull wounded soldiers from the front lines. It is further alleged that, once in the United States, Zebic continued to make false statements about his past, including that he had never assisted anyone else enter the country illegally. Zebic allegedly used this false history to obtain lawful permanent residency, American citizenship and a United States passport.
The use of a fraudulently obtained passport provides for a sentence of up to 10 years in prison, followed by three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England; Sharon B. MacDermott, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office; and Jonathan Davidson, Special Agent in Charge of U.S. Department of State’s Diplomatic Security Service, Boston Field Office made the announcement today. This matter was investigated with the assistance of the United States Interagency Human Rights Violators & War Crimes Center. Assistant U.S. Attorneys John T. McNeil and Jason A. Casey of Levy’s National Security Unit are prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Florida man charged in multi-million dollar elder fraud schemeRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Florida man has been indicted for exploiting an elderly Jefferson County resident with dementia and taking more than two million dollars from him.
Samuel Kristofer Bunner, age 50, of Spring Hill, Florida, has been charged with wire and bank fraud, identity theft and money laundering. According to the indictment, Bunner befriended the victim while they were both working at the American Legion in Charles Town. The victim had cognitive impairment and Bunner began assisting with his medical appointments. Bunner then accompanied the victim to a law firm, where the victim made Bunner his power of attorney and gave him the ability to control his financial accounts. Over a two-year period, Bunner enriched himself by selling the victim’s real estate, emptying investment and bank accounts, and opening a credit card in the victim’s name. Bunner and his wife purchased real estate, motor vehicles, and luxury items, along with taking vacations.
“This is a sad story about someone who worked hard his whole life, saved his money, and then when he began to suffer from cognitive decline, had everything stolen by an opportunist,” said United States Attorney William Ihlenfeld. “We will continue to do everything we can to protect older West Virginians from schemes such as this.”
The investigation was conducted by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation, and it is ongoing.
Assistant U.S. Attorney Eleanor Hurney is prosecuting the case on behalf of the government.
The Jefferson County Prosecutor’s Office, the U.S. Attorney’s Office in the Middle District of Florida and FBI-Tampa assisted with the matter.
If you know of an elderly person who has been the victim of financial fraud, please contact the National Elder Fraud Hotline at 1-833-FRAUD-11 (1-833-372-8311) or send an email to [email protected].
An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Florida Keys Lobster Company and President Sentenced in Federal Court for Exporting Falsely-Labeled ProductsRead the Press Release
MIAMI – Aifa Seafood, Inc., (Aifa), a Florida company operating in Florida City, and company president Jiu Fa Chen, 57, of Parkland, were sentenced today after pleading guilty earlier this year to exporting falsely-labeled spiny lobster from Florida to China.
From May through August 2019, Aifa purchased seafood products for export to China. To meet the high demand for spiny lobster, Aifa imported lobster from Haiti for reexport to China. Aifa reexported approximately 5,900 pounds of lobster and falsely labeled the product in shipping documents as “Live Florida Spiny Lobsters, Product of U.S.A.”
U.S. District Judge Federico Moreno imposed the following sentences. AIFA must pay a fine of $250,000, with $150,000 payable immediately and the balance by the end of this year. AIFA also must serve five years of probation, establish and implement a compliance plan, retain a compliance officer to be approved by the Court, and submit to a complete audit of its books and records by a court-approved third-party auditor. Chen must immediately pay a $100,000 fine and serve five years of probation, subject to the same terms as AIFA. Both fines are payable to the NOAA Lacey Act Fund.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Assistant Director Manny Antonaras of the National Oceanic & Atmospheric Administration (NOAA), Southeast Division, Acting Special Agent in Charge Michael E. Buckley, Homeland Security Investigations (HSI), Miami, and the Statewide Investigations Section of the Florida Fish & Wildlife Conservation Commission (FWC), Division of Law Enforcement, announced the sentences.
NOAA Office of Law Enforcement, HSI Key Largo, and FWC Division of Law Enforcement investigated the case. Assistant U.S. Attorney Thomas Watts-FitzGerald prosecuted the case.
If you have any information regarding wildlife crimes, you may contact the NOAA Office of Law Enforcement Hotline: (800) 853-1964 and the U.S. Fish & Wildlife Service at 1-800-344-9453. Locally, environmental crimes, including wildlife violations and environmental justice matters may be reported to the U.S. Attorney’s Office at 305-961-9001 or [email protected] .
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-20479.
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Five Springfield, Branson Residents Sentenced for Child Exploitation EnterpriseRead the Press Release
SPRINGFIELD, Mo. – Four Springfield, Mo., residents and a Branson, Mo., woman were sentenced in federal court today for engaging in a child exploitation enterprise that victimized at least three children.
Kevin Grant McMillan, 36, of Springfield, was sentenced by U.S. District Judge Stephen R. Bough to life in federal prison without parole.
Angela Marie Brown, 39, Christine Marie Rossiter, 36, and Amber Marie Baley, 38, all of Springfield, and Casie Dee Rice, 52, of Branson, Mo., also were sentenced in separate appearances today. Brown was sentenced to 12 years in federal prison without parole. Rossiter was sentenced to 10 years in federal prison without parole. Baley was sentenced to eight years in federal prison without parole. Rice was sentenced to four years in federal prison without parole.
Baley and Rossiter were also sentenced to spend the rest of their lives on supervised release following incarceration. Each of the defendants will be required to register as a sex offender upon their release from prison and will be subject to federal and state sex offender registration requirements, which may apply throughout their life.
Each of the five defendants pleaded guilty to engaging in a child exploitation enterprise from Jan. 1, 2017, to Nov. 6, 2019. They admitted to engaging in a series of felony violations, including the sexual exploitation of minors and receiving and distributing child pornography. Those felony violations, constituting three or more separate incidents and involving more than one minor victim, comprise a child exploitation enterprise.
The federal investigation began in May 2019 when the National Center for Missing and Exploited Children notified law enforcement that McMillan had uploaded three files of child pornography through his Gmail account. The Springfield Police Department was also investigating McMillan in a separate case involving an 8-year-old victim, identified in court documents as Jane Doe 2. Springfield investigators identified additional Google accounts that contained child pornography.
On Nov. 6, 2019, law enforcement officers executed a search warrant at McMillan’s residence, where they contacted a second, 15-year-old victim, identified in court documents as Jane Doe 1, and a 17-year-old minor. Officers seized five laptops, two hard drives, an Apple iPad, a cell phone, and seven USB/micro SD cards. A forensic analyst found images of child pornography depicting Jane Doe 1, Jane Doe 2, and a third victim, a toddler identified in court documents as Jane Doe 3. There were a total of 27,542 pornographic images and videos of subjects whose age is difficult to determine and child erotica. There was a total of 682 images and videos of bestiality pornography. There were 111 videos and images of child exploitive animated pornography located on the devices.
Both Brown and Rossiter were living with McMillan at his Springfield residence in the spring of 2019, while the three of them were in a relationship together. McMillan was not interested in a traditional relationship, but planned on dominating several girlfriends, who would be in a submissive role. He also wanted to live the “nudist lifestyle.”
Investigators found MMS messages between McMillan and Brown. McMillan told Brown he wanted to drug and sexually assault Jane Doe 1 (who was 13 years old at the time). Brown said she would be interested in assisting him in drugging and raping children and adult women. McMillan also sent Brown sexually explicit images of Jane Doe 1, Jane Doe 2, and Jane Doe 3. They exchanged incest-related pornography, bondage pornography, bestiality pornography, child pornography, and child erotica. They also had conversations about having sexual contact with children and about having children together and impregnating them. Investigators found Facebook conversations in which McMillan and Brown extensively discussed engaging in sexual contact with other individuals, including children.
Investigators found SMS and MMS messaging between McMillan and Rossiter. McMillan and Rossiter exchanged bestiality pornography, incest-related pornography, and bondage pornography. In a Facebook conversation between March 2019 and May 2019, they extensively discussed engaging in sexual contact with other individuals, including children. In April 2019, they discussed McMillan wanting to have sexual contact with a 13-year-old minor male, identified in court documents as John Doe. Rossiter admitted that she received nude images of Jane Doe 2 and Jane Doe 3 from McMillan, and McMillan described sexual activity he wanted to engage in with Jane Doe 2 and Jane Doe 3.
Baley, who dated McMillan on and off again between 2012 and 2019, admitted to sending him nude images of Jane Doe 2. MMS conversations between Baley and McMillan repeatedly discussed getting Jane Doe 2 to engage in sexually explicit conduct.
Rice, who lived with McMillan for a short time in 2019, admitted that he sent child pornography to her via Google and that she received and sent child pornography to others through Facebook. In one email, Rice talks about their interest in children and then describes a sexual encounter where Rice would hold a female minor down while McMillan had sex with her.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by Homeland Security Investigations, the Southwest Missouri Cyber Crimes Task Force, and the Springfield, Mo., Police Department.
Project Safe Childhood
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."
Fentanyl Enforcement Surge Results in Massive Increase in Seizures and ArrestsRead the Press Release
NEWS RELEASE SUMMARY – May 23, 2023
SAN DIEGO – Law enforcement leaders today announced that an unprecedented two-month fentanyl-enforcement surge along the southwest border has resulted in the seizure of about 4,721 pounds of fentanyl, 1,700 pounds of fentanyl precursors and more than 200 arrests of alleged smugglers, traffickers and dealers within the Southern and Central Districts of California.
The surge, labeled Operation Blue Lotus, was launched by the Department of Homeland Security along the Southwest border, including the Southern and Central districts of California and the District of Arizona, from March 13 to May 10, 2023.
According to DHS, in San Diego County alone, the two-month surge has resulted in a 300 percent increase in fentanyl seizures versus the same period last year – from 732 pounds in 2022 to 2,931 pounds in 2023. During the DHS surge, the U.S. Attorney’s Office saw a 30 percent increase in defendants prosecuted for fentanyl-related crimes in the Southern District of California compared to the same time period in 2022. And these prosecutions follow a record-setting fiscal year 2022, when we prosecuted 317 defendants for fentanyl offenses (more than an 1,800 percent increase compared to FY2017).
The operation involved the deployment of an extra 85 Homeland Security Investigations special agents and 35 Customs and Border Protection officers; many more targeted inspections at the border; the use of advanced technology at locations along the border; and intensified efforts to gather intelligence to build criminal cases against transnational criminal organizations and U.S.-based distribution networks.
“We are an epicenter for fentanyl trafficking into the United States, and we know the immense responsibility that we bear to address this crisis,” said U.S Attorney Randy Grossman. “We are answering that call to action with hard work, a purpose and a plan. Every milligram of fentanyl that we seize, and every smuggler, trafficker and dealer we bring to justice, means less fatal doses on the streets of San Diego and beyond.”
“As demonstrated by the results under Operation Blue Lotus, Homeland Security Investigations (HSI), our DHS partners, law enforcement agencies and departments throughout Southern California are bringing the full weight of combined federal and local law enforcement resources to combat this fentanyl crisis,” said Chad Plantz, special agent in charge, HSI San Diego. “We are not only seeking to seize the Mexican cartel’s deadly drugs, but to remove their members and their associates from our communities and deny their opportunities to continue their deadly criminal enterprises.”
“Operation Blue Lotus represents the kind of exceptional law enforcement and prosecution innovation and collaboration that can effectively impact deadly fentanyl distribution and save lives,” said San Diego County District Attorney Summer Stephan. “I want to recognize the leadership of the U.S. Attorney and other key partners in bringing this operation forward. This operation yielded an extraordinary outcome that is having a direct impact on public safety. The prosecutions that resulted from this operation are an example of our ongoing commitment to holding dealers and traffickers accountable.”
“This operation was truly an outstanding demonstration of our partnership approach here in San Diego in working together to combat the importation of fentanyl,” said Sidney K. Aki, Director of Field Operations for San Diego Field Office of Customs and Border Protection. “CBP alongside our partner agencies are committed and will continue to protect our communities from this devasting.”
“In just a few months, Operation Blue Lotus was successful in removing millions of potentially deadly doses of fentanyl off the streets,” said DEA Special Agent in Charge Shelly Howe. “But our work is not done. Fentanyl and meth continue to find their way onto the streets of San Diego, fueling addiction and driving deaths higher. Combined with our federal, state, and local partners we will continue to hold accountable those who traffic drugs and threaten the safety of our community.”
“I'm extremely proud of the work our investigators have done to interdict and interrupt the cross-border criminal organizations who continue to traffic deadly drugs into our communities and across the nation. The long hours and collaboration across federal, state, local, and tribal law enforcement organizations is a testament to the dedication and commitment all of us feel to keep our communities safe,” said San Diego County Sheriff Kelly Martinez.
Some examples of the Blue Lotus Operation results include:
- seized fentanyl that also tested positive for xylazine. The White House has designated the combination of xylazine and fentanyl as an emerging threat to the United States based on xylazine’s growing role in overdose deaths.
- Officials seized a quantity of fentanyl precursor drugs that could produce more than 200 million fentanyl pills.
- A vehicle inspection at the border resulted in the discovery of 116 packages containing about 163 pounds of fentanyl concealed in the rear bumper, quarter panels, doors, seats, center console, gas tank, and firewall of the vehicle. The driver was arrested and charged.
In addition to the surge associated with Operation Blue Lotus, law enforcement officials here have attacked the fentanyl crises through aggressive prosecutions at every level of the supply chain – from the Sinaloa Cartel leadership, to cross-border trafficking organizations, to money launderers, to street level dealers who are selling drugs that result in overdose deaths. These impactful cases are the result of a close collaboration among the U.S. Attorney’s Office and several multi-jurisdictional task forces focused on combatting the fentanyl crisis, including the HSI-led Fentanyl Abatement and Suppression Team (FAST), a joint federal, state and local law enforcement task force that targets fentanyl distribution networks in the Southern District of California. FAST’s mission compliments the work of the DEA’s Overdose Response Team (formerly Team 10) which investigates fentanyl overdoses in the City of San Diego.
Federal Prisoner Sentenced for Assault on a Federal OfficerRead the Press Release
Jackson, Miss. – A federal prisoner was sentenced today to 20 months in prison for assault on a federal officer, announced U.S. Attorney Darren J. LaMarca. The sentence will run consecutively to his current federal sentence.
According to court documents, Jason Michael Beasley, 49, was a federal prisoner at the Federal Correctional Complex in Yazoo City and assaulted a federal officer who was in the performance of his duties. Beasley was subsequently questioned and admitted to his illegal actions. He pleaded guilty on February 16, 2023.
The United States Bureau of Prisons investigated the case.
Assistant U.S. Attorney Lynn Murray and Special Assistant U.S. Attorney Michael FiggsGanter prosecuted the case.
Federal Jury Finds Charlotte Business Owner Guilty of Selling Stolen iPhones OverseasRead the Press Release
CHARLOTTE, N.C. – A federal jury has found a Charlotte business owner guilty of conspiracy, international transportation of stolen goods, and money laundering, for selling stolen and fraudulently obtained Apple iPhones (iPhones) and other electronic devices to overseas buyers, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. U.S. District Judge Max O. Cogburn Jr. presided over the trial which ended late yesterday.
Jason Byrne, Special Agent in Charge of the United States Secret Service (USSS), Charlotte Field Office, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department (CMPD) join U.S. Attorney King in making today’s announcement.
According to court documents, trial evidence, and witness testimony, Rami Mahmod Mhana, 46, was the owner of Wireless City Fashions, Inc. (Wireless City) and Protocol Business Group Inc. (Protocol), located at 441 Bradford Drive in Charlotte, as well as multiple Boost mobile stores in the Charlotte area. From at least May 2017 through October 2019, Mhana purchased thousands of brand new, current generation iPhones and other electronic devices, many of which were stolen and fraudulently obtained. Mhana then shipped the new iPhones to the United Arab Emirates (the U.A.E.) and the Hong Kong Special Administrative Region of the People’s Republic of China (Hong Kong).
Trial evidence established that Mhana obtained a significant portion of the stolen and fraudulently obtained devices from multiple local “boosters.” A booster is a person who steals or obtains through fraud goods and products and sells them for profit. According to evidence presented at trial, Mhana’s store on Bradford Drive was known to local boosters as a place they could sell stolen devices for cash with no questions asked. Evidence at trial further established that Mhana provided his employees with a pricelist of how much they should pay for certain new model iPhones and other electronic devices. Mhana would pay boosters significantly less than retail value of the devices. Over the course of the scheme, Mhana received more than $4.5 million in international wires from buyers of the devices in Dubai and Hong Kong.
Following the guilty verdict, Mhana was released on electronic monitoring. At sentencing, he faces a maximum statutory penalty of five years in prison and a fine of $250,000 for the conspiracy charge; up to 10 years in prison and a $250,000 fine for each count of international transportation of stolen goods; and a maximum of 20 years in prison and a fine for each money laundering conviction.
This case was the result of the investigative efforts of CMPD and the Secret Service, which have established a fully integrated partnership to combat the most significant organized criminal groups operating in Charlotte. Through this partnership, this unit has successfully leveraged local and federal resources, personnel, expertise and authorities to identify and combat the criminals and criminal organizations that have the largest negative impact on the community.
Assistant U.S. Attorneys Michael E. Savage and William Bozin of the U.S. Attorney’s Office in Charlotte are prosecuting the case.
Federal Grand Jury Indicts Nelson County Man for Possession of a Firearm by a Convicted FelonRead the Press Release
Louisville, KY – A federal grand jury in Louisville returned an indictment on May 17, 2023, charging a Nelson County man with possession of a firearm by a convicted felon.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge R. Shawn Morrow of the ATF Louisville Field Division, and Chief Kim Kraeszig of the Bardstown Police Department made the announcement.
According to the indictment, Dustin Stump, 30, of Cox’s Creek, Kentucky, was charged with one count of possession of a firearm by a convicted felon. On May 4, 2023, Stump possessed an American Tactical, 12-gauge shotgun and ammunition. Stump was prohibited from possessing a firearm because he had previously been convicted of the following felony offenses. On April 5, 2019, in Nelson Circuit Court, Stump was convicted of being a convicted felon in possession of a handgun, wanton endangerment in the first-degree police officer, and receiving stolen property, a firearm. On September 22, 2017, in Nelson County Circuit Court, Stump was convicted of theft by unlawful taking or disposition automobile $500 or more but under $10,000.
The defendant made his initial court appearance yesterday before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Kentucky. If convicted, Stump faces a maximum sentence of 15 years in prison. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors. There is no parole in the federal system.
This case is being investigated by the ATF and the Bardstown Police Department.
Assistant U.S. Attorney Josh Porter is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Federal Grand Jury Indicts Man for Gun and Drug OffensesRead the Press Release
NEW ORLEANS, LOUISIANA – On Friday, May 19, 2023, MARCUS THEODORE, age 31, a resident of New Orleans, Louisiana, was charged in a four-count indictment by a federal grand jury for violations of the Federal Gun Control and Controlled Substances Acts, announced U.S. Attorney Duane A. Evans.
THEODORE is charged in Count 1 with conspiring to distribute and to possess with the intent to distribute four hundred grams or more of a substance containing a detectable amount of fentanyl, in violation of Title 21, United States Code, Sections 841(a)(1), (b)(1)(A), and 846. THEODORE is charged in Count 2 with possession with the intent to distribute forty grams or more of a substance containing a detectable amount of fentanyl, in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B). In Count 3, THEODORE is charged with possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A). In Count 4, THEODORE is charged with possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Section 922(g)(1). The indictment also alleges that THEODORE has a prior serious violent felony conviction, for manslaughter, that increases his potential punishment on the drug charges.
If convicted of Count 1, THEODORE faces a mandatory minimum penalty of fifteen years up to a maximum sentence of life imprisonment, up to a $20,000,000 fine, and at least 10 years of supervised release. If convicted of Count 2, THEODORE faces a mandatory minimum penalty of ten years up to a maximum sentence of life imprisonment, up to a $8,000,000 fine, and at least 8 years of supervised release. If convicted of Count 3, THEODORE faces a mandatory minimum sentence of 5 years up to life imprisonment, which is to run consecutively to all other sentences, up to a $250,000 fine, and up to 5 years of supervised release. If convicted of Count 4, THEODORE faces a maximum term of imprisonment of 15 years, up to a $250,000 fine, and up to 3 years of supervised release. As to each count, THEODORE also faces payment of a mandatory special assessment fee of $100.
U. S. Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney David Haller of the Violent Crime Unit .
Federal Correctional Officer Charged with Aggravated Sexual AbuseRead the Press Release
A federal correctional officer at the Federal Correctional Institution, Dublin (FCI Dublin) made his first appearance before the Northern District of California after a federal grand jury returned a 12-count indictment charging him for sexually abusing three female inmates in his custody.
According to the indictment, Darrell Wayne Smith, 54, now residing in Florida, was employed at FCI Dublin as a correctional officer when he engaged in sexual acts and sexual contact with three female inmates who were then serving prison sentences. The indictment describes 12 incidents between May 2019 and May 2021 during which Smith allegedly engaged in illegal sexual contact and acts with his victims, including digitally penetrating a victim’s anus by use of force.
“The charges announced today are the latest in the Justice Department’s campaign to root out sexual misconduct within the Bureau of Prisons,” said Deputy Attorney General Lisa O. Monaco. “As alleged, Darrell Smith exploited his authority to sexually abuse three vulnerable victims in custody at FCI Dublin. To enforce the BOP’s dual mission of providing a safe, humane environment for those in custody while preparing them to return to society, we will hold accountable all BOP personnel who abuse their authority.”
“For years, the defendant allegedly used his position of authority, as a federal corrections officer, to commit unspeakable acts of abuse and violence against multiple victims in a correctional institution,” said FBI Deputy Director Paul Abbate. “The FBI and our law enforcement partners are committed to aggressively pursuing those who violate the civil rights of others, no matter their rank or title. Nothing can undo the pain inflicted on the victims, but we hope today’s indictment is a further step towards justice.”
“The Department of Justice Office of the Inspector General is committed to bringing to justice every single BOP employee at FCI Dublin who sexually abused inmates. To date, those efforts have already included arrests and convictions of FCI Dublin’s former Warden and Chaplain,” said Inspector General Michael E. Horowitz. “Today’s indictment alleges brazen and violent sexual assault by Smith and alleges abuse of multiple inmates over several years. As evidenced by these charges, the OIG and FBI investigation remains ongoing, and we will continue to aggressively investigate allegations of abuse at FCI Dublin and across the Federal Bureau of Prisons.”
“This indictment shocks the conscience of anyone reading it,” said U.S. Attorney Ismail J. Ramsey for the Northern District of California. “The alleged conduct falls far below the minimum standards of decency required – much less, the standards of integrity expected – of any Bureau of Prisons employee. Rest assured, the Department will root out any such conduct and prosecute all persons who are responsible.”
Each of the alleged victims is identified in the indictment by initials and was in official detention and under Smith’s custodial, supervisory, and disciplinary authority at the time of the alleged illegal conduct. In addition, each count in the indictment corresponds with one encounter during which Smith allegedly engaged in unlawful sexual acts or contact with one of the victims.
Smith is charged with five counts of sexual abuse of a ward, six counts of abusive sexual contact, and one count of aggravated sexual abuse.
Smith faces a maximum of life in prison if convicted of the aggravated sexual abuse, a maximum of 15 years of in prison for each count of sexual abuse of a ward, and a maximum of two years in prison for each count of abusive sexual contact. In addition, as part of any sentence, the court may order a term of supervised release, a fine of up to $250,000 for each count, restitution, and additional assessments. A federal district judge will determine sentencing after considering the U.S. Sentencing Guidelines and other statutory factors.
Smith was arrested on May 11 and made his initial federal court appearance in the Northern District of Florida on the same day. Smith made his initial Northern District of California appearance this morning before U.S. Magistrate Judge Kandis A. Westmore. Smith’s next federal court appearance is scheduled for July 10.
DOJ OIG and the FBI investigated the case.
Assistant U.S. Attorneys Molly Priedeman and Andrew Paulson for the Northern District of California are prosecuting the case, with the assistance of Leeya Kekona.
An indictment is merely an allegation. All defendants are innocent until proven guilty beyond a reasonable doubt in a court of law.
Federal Complaint Charges Central Illinois Man with Attempted Arson of ClinicRead the Press Release
URBANA, Ill. – A Prophetstown, Illinois, man, Philip J. Buyno, 73, has been arrested and charged by federal criminal complaint with attempting to use fire to damage a building used in interstate commerce. Danville, Illinois, police officers arrested Buyno on Saturday, May 20th, and he is scheduled to appear in federal court in Urbana today at 1:15 pm before U.S. Magistrate Judge Eric I. Long. At that time, Judge Long will address whether Buyno will be released on conditions of bond or held in custody pending further proceedings.
According to the affidavit filed in support of the complaint, Danville police officers responded to an alarm at 600 N. Logan Avenue in Danville around 4:30 a.m. early Saturday morning. They found Buyno stuck inside a maroon Volkswagen Passat that he had backed into the entrance of the building, which is being renovated for use as a reproductive health clinic. According to the affidavit, Buyno brought several containers filled with gasoline with him.
If convicted of attempted arson, Buyno faces a minimum penalty of five years up to twenty years in prison, a fine of up to $250,000, and three years of supervised release.
The charges are the result of an investigation by the Federal Bureau of Investigation, Springfield Field Office, and the Danville Police Department. Supervisory Assistant U.S. Attorney Eugene L. Miller is representing the government in the prosecution.
Members of the public are reminded that a complaint is merely an accusation; the defendant is presumed innocent unless proven guilty.
Ex-Signal Peak Mine safety manager sentenced for conspiring to make false reports about coal mine injuryRead the Press Release
BILLINGS — The former safety manager at the Signal Peak Energy LLC underground coal mine near Roundup was sentenced today for conspiring to make false reports about a mine accident in which an employee had his fingers crushed, resulting in partial amputation, U.S. Attorney Jesse Laslovich said.
Curtis Floyd, 47, of Billings, was sentenced to two years of probation and fined $2,000. Floyd pleaded guilty in January to an information charging him with conspiracy to submit false statements in mine records.
U.S. District Judge Dana L. Christensen presided.
In a plea agreement reached in the case, the parties agreed that a term of probation was appropriate.
“As Signal Peak Energy’s safety manager, Floyd had a duty to make sure miners were safe and protected and to document and report accidents. Floyd not only failed the miners, but he also flaunted mandatory mine health and safety reporting regulations. We expect mines and their managers to operate in compliance with all regulations, and when they don’t, they will be held accountable,” U.S. Attorney Laslovich said.
“The Mine Safety and Health Administration relies on accurate and timely reporting data to inform our investigations and address safety and health hazards. These reports also help mine operators uphold their legal obligation to keep miners safe and healthy by advising the industry of necessary changes to prevent future incidents. Floyd’s failure to report this data undercuts this system and puts miners at risk. We thank the Department of Justice for its vigorous enforcement of the Mine Act and helping MSHA protect the nation’s miners,” said Assistant Secretary for Mine Safety and Health Chris Williamson.
“Protecting the health and safety of our nation’s miners requires a team effort, which starts with mine operators following crucial safety and health laws and regulations. When mine operators violate their obligations or attempt to cheat the system, the Department of Labor will not hesitate to use every available tool to uphold the law, including partnering with other agencies. We are grateful for the Department of Justice’s critical partnership to keep all our nation’s miners safe,” said Solicitor of Labor Seema Nanda.
The government alleged in court documents that in 2018, Floyd was the safety manager at the Signal Peak Energy coal mine and was responsible for overseeing safety-related accidents and injuries, ensuring that all such incidents were properly reported as required by federal law. Instead, the government alleged, Floyd went along when management needed an accident covered up. Floyd dropped off injured miners at the hospital instead of escorting them inside or let them go home, knowing they would lie to doctors about how they got hurt, and he let required safety reports disappear instead of making sure the reports were filed.
In early 2018, John Doe 1, a miner, had his fingers crushed while loading mining materials. The injury eventually required partial amputation. As Floyd was taking John Doe 1 to the hospital, Dale Musgrave, the former vice president of underground operations, called the injured miner and directed him to falsely claim that the injury was unrelated to his work. Musgrave told John Doe 1 that he would make it worth his while. Floyd told John Doe 1 he would support whatever decision was made. The injured miner agreed to not report the incident. Floyd and Musgrave were required to complete a U.S. Department of Labor Mine Safety and Health Administration Mine Accident, Injury and Illness report, but they never completed or submitted a report for this incident. They also failed to report John Doe 1’s injury on another MSHA quarterly report.
This prosecution was part of a broad corruption investigation into Signal Peak Energy’s management and operations that resulted in criminal misdemeanor convictions of the company for willful violation of health and safety standards and felony convictions of some former mine managers and associates for embezzlement, tax evasion, bank fraud, money laundering, drugs and firearms violations. Musgrave was sentenced to probation and fined $20,000 for his conviction in the case.
Assistant U.S. Attorneys Colin M. Rubich, Zeno B. Baucus and Timothy Tatarka prosecuted the case. The IRS Criminal Investigation, FBI, Department of Labor and Environmental Protection Agency conducted the investigation.
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Enid Man Charged with Threatening to Kill Government OfficialsRead the Press Release
OKLAHOMA CITY – Today, a criminal complaint has been unsealed that charges TYLER JAY MARSHALL, 36, of Enid, Oklahoma, with transmitting a threat in interstate commerce, announced United States Attorney Robert J. Troester.
Public records reflect that on May 19, 2023, Marshall was charged by criminal complaint with transmitting in interstate commerce a communication containing a threat. An affidavit filed in support of the criminal complaint alleges that on or about May 15, 2023, the FBI learned that Marshall had communicated via Twitter threats to kill multiple public officials, including Oklahoma Governor Kevin Stitt, Arkansas Governor Sarah Huckabee Sanders, Florida Governor Ron DeSantis, and United States Senator Ted Cruz.
Today, Marshall had his initial appearance in federal court in Oklahoma City. If found guilty of transmitting in interstate commerce a communication containing a threat, he faces up to five years in federal prison, a fine of $250,000, and a special assessment of $100. He would also be required to serve a term of supervised release of up to three years. Marshall has been detained pending further proceedings in the case.
The public is reminded that these charges are merely accusations and that Marshall is presumed innocent until proven guilty.
This case is the result of an investigation by the FBI Oklahoma City Field Office, with assistance from the Oklahoma Highway Patrol and the Enid Police Department. Assistant U.S. Attorney Mark Stoneman is prosecuting the case.
Reference is made to public filings for more information.
El Departamento de Justicia celebra acuerdos con diez empleadores por publicar anuncios discriminatorios de trabajo en una plataforma de reclutamiento en una universidadRead the Press Release
El Departamento ha conseguido más de $1.6 millones por concepto de sanciones civiles durante el último año
WASHINGTON – El Departamento de Justicia anunció hoy que ha llegado a otros diez acuerdos con compañías que usaron una plataforma de reclutamiento de una universidad para publicar anuncios de trabajo que, de manera ilícita, excluyeron a no ciudadanos de los EE. UU. Estos acuerdos son una adición a los acuerdos recientes del Departamento con otras 20 compañías que resuelven acusaciones similares, 16 de los que se remontan a junio del 2022 y otros cuatro a septiembre del 2022, lo que lleva a una sanción civil total para los 30 empleadores de más de $1.6 millones.
«EL Departamento de Justicia ya ha hecho a 30 compañías rendir cuentas tras usar una plataforma universitaria de reclutamiento para publicar anuncios de trabajo discriminatorios que excluyeron a estudiantes no ciudadanos de los EE. UU. de oportunidades laborales», afirmó la Fiscal General Auxiliar Kristen Clarke, de la División de Derechos Civiles. «Estos acuerdos deben dejar claro nuestro compromiso a hacer cumplir las leyes de derechos civiles, con el fin de garantizar que todo postulante tenga la igualdad de oportunidades para competir para trabajos».
La intervención del Departamento en estos asuntos comenzó después de que un estudiante de Georgia Institute of Technology (Georgia Tech), que para aquel entonces era residente permanente legal, presentó una denuncia de discriminación ante la División de Derechos Civiles. El estudiante alegó que el anuncio de un banco en una plataforma de reclutamiento laboral de Gerogia Tech restringió la oportunidad para prácticas laborales que había publicado solamente a ciudadanos de los EE. UU. La investigación del Departamento halló toda una serie de anuncios discriminatorios en la plataforma de reclutamiento laboral de Georgia Tech, así como en otras plataformas operadas por universidades por todo Estados Unidos.
El Departamento encontró que cada uno de los diez empleadores con los que ha llegado a un acuerdo publicaron al menos un anuncio de trabajo que excluyó a no ciudadanos de los EE. UU. en una plataforma de reclutamiento laboral operada por Georgia Tech. El Departamento determinó que los anuncios desalentaban a estudiantes cualificados de solicitar un trabajo debido a su estatus de ciudadanía, y en muchos casos las restricciones relacionadas con el estatus de ciudadanía también impedían que los estudiantes solicitaran un puesto e incluso obstaculizaron la posibilidad de reunirse con reclutadores de la empresa.
Al igual que los 20 que les precedieron, estos nuevos acuerdos requieren que cada compañía pague una sanción civil. El monto total de la sanción de cada empleador se basa en el número de anuncios discriminatorios que publicó.
Empleador
Monto de la sanción
1.
Asurion LLC
$13,395
2.
Black & Veatch Corporation
$8,930
3.
Deluxe Corporation
$183,065
4.
Freese & Nichols Inc.
$4,465
5.
Grey Orange Inc.
$13,395
6.
Honeywell International Inc.
$191,995
7.
Procter & Gamble
$8,930
8.
Georgia Tech Research Institute
$31,255
9.
Stryker Employment Company LLC
$4,465
10.
Wiley Bros.
$4,465
TOTAL
$464,360
Además de pagar las sanciones civiles, el personal de reclutamiento de los empleadores deberá participar en una capacitación sobre la disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) y abstenerse de incluir designaciones específicas de estatus migratorio o de ciudadanía en sus anuncios de trabajos en las universidades a menos que tales restricciones sean requeridas por ley.
Por lo general, la INA prohíbe que los empleadores y reclutadores restrinjan puestos de trabajo con base en la ciudadanía o el estatus migratorio a menos que así lo requiera una ley, un reglamento, una orden ejecutiva o un contrato gubernamental. Los ciudadanos estadounidenses, nacionales de los EE. UU., refugiados, asilados y residentes permanentes legales están protegidos bajo la INA de discriminación por motivos de su estatus de ciudadanía en los procesos de contratación, despido y reclutamiento o recomendación por comisión.
La Sección de Derechos de Inmigrantes y Empleados de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas; y represalias e intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. El sitio web de la IER tiene información sobre cómo los empleadores pueden evitar la discriminación por motivos de estatus de ciudadanía en la contratación y el reclutamiento. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Inscríbase para recibir las últimas noticias de la IER por correo electrónico.
Attachment(s):
Download Asurion Settlement Agreement.pdf
Download Black & Veatch Settlement Agreement.pdf
Download Deluxe Settlement Agreement.pdf
Download Freese & Nichols Settlement Agreement.pdf
Download GTRI Settlement Agreement.pdf
Download GreyOrange Settlement Agreement.pdf
Download Honeywell Settlement Agreement.pdf
Download Procter & Gamble Settlement Agreement.pdf
Download Stryker Settlement Agreement.pdf
Download Wiley Bros. Settlement Agreement.pdf
Dominican Man Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Dominican man was sentenced on May 17, 2023 in federal court in Boston for illegally reentering the United States after deportation.
Felix Bienvenido Gonzalez-Arias, a/k/a “Victor Manuel Trinidad-Lugo,” 38, was sentenced by U.S. District Court Judge Indira Talwani to 21 Months in prison and three years of supervised release. Gonzalez-Arias will be subject to deportation proceedings upon completion of his sentence. On Feb. 23, 2023, Gonzalez-Arias pleaded guilty to one count of unlawful reentry of a deported alien.
At an unknown time, Gonzales-Arias illegally entered the United States. In November 2014, he was arrested in Essex County on state charges of heroin trafficking. Gonzales-Arias was convicted of the offense, sentenced to three and a half to five years in state prison and upon completion of his sentence, he was removed from the United States in April 2018. Some point thereafter, Gonzales-Arias illegally reentered the United States.
On Sept. 1, 2022, Gonzalez-Arias was arrested in Lawrence on drug trafficking charges. Gonzalez-Arias’ fingerprints produced a positive match from those from his 2014 arrest and 2018 removal and he was identified as being illegally present in the United States after deportation.
Acting United States Attorney Joshua S. Levy and Todd Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations made the announcement today. Assistant U.S. Attorney Luke A. Goldworm of Levy’s Major Crimes Unit prosecuted the case.District Man Pleads Guilty to Distributing the Fentanyl and Cocaine that Resulted in Two DeathsRead the Press Release
WASHINGTON – Sheldon Marbley, 44, of Washington, D.C., pleaded guilty today to federal charges of distribution of fentanyl and cocaine, admitting that he distributed the drugs to customers in Southwest Washington, D.C. The guilty plea was announced by U.S. Attorney Matthew M. Graves, Special Agent in Charge Jarod A. Forget, of the Washington Division of the U.S. Drug Enforcement Administration (DEA), and Interim Chief Ashan M. Benedict, of the Metropolitan Police Department (MPD).
Marbley pleaded guilty in the U.S. District Court for the District of Columbia. U.S. District Court Judge Christopher R. Cooper scheduled a sentencing hearing for September 7, 2023. Under the terms of the plea agreement, which is subject to the Court’s approval, Marbley is to be sentenced to 240 months in prison, followed by 3 years of supervised release.
According to evidence presented in court, Marbley admitted that he distributed fentanyl and cocaine to a male and female, both of whom subsequently died from consuming the fentanyl and cocaine that Marbley provided. Marbley also admitted that he distributed fentanyl and cocaine to another male and female, and they suffered serious bodily injury as a result of consuming the fentanyl and cocaine that Marbley provided.
As part of his plea agreement, Marbley acknowledged that on the morning of January 28, 2022, and in the days thereafter, Emergency Medical Service and MPD officers responded to at least 13 fatal and non-fatal opioid overdoses located near the area of First and O Street, S.W. in Washington D.C. Marbley admitted that, on that morning, he had distributed fentanyl and cocaine from the driver’s seat of a vehicle in Southwest Washington. Closed-circuit television (“CCTV”) footage from that morning depicts numerous individuals approaching the front driver’s side of the vehicle and appearing to engage in narcotics purchases.
After the mass overdose event on January 28, 2022, Marbley went to stay at the residence of another drug user and customer, where he continued to possess with the intent to distribute narcotics until he was arrested in the customer’s apartment building on March 23, 2022. Marbley knew that his prior drug distributions resulted in several overdoses resulting in serious bodily injury and death.
This case was investigated by the DEA Washington Division and the Metropolitan Police Department. It is being prosecuted by Assistant U.S. Attorneys David T. Henek and Andy Wang and Special Assistant U.S. Attorney Sarah J. Rasalam, of the Violence Reduction and Trafficking Offenses Section of the U.S. Attorney’s Office for the District of Columbia.
Defuniak Springs Man Sentenced to Federal Prison for Stealing ChecksRead the Press Release
PENSACOLA, FLORIDA – Charlie James Rhodes, 43, of Defuniak Springs, was sentenced to 45 months in federal prison after previously pleading guilty to charges theft of mail, bank fraud, and aggravated identity theft. The sentence was announced by Jason R. Coody, United States Attorney for the Northern District of Florida.
“Frauds, such as this one, which target the elderly and compromise essential institutions, such as the mail and our banking system, are serious federal offenses and violators will be prosecuted,” said U.S. Attorney Coody. “With the assistance of our dedicated law enforcement partners, we are committed to investigating and prosecuting those who engage in acts of fraud.”
Court documents reflect that between March 2019 and July 2019, Rhodes drove around neighborhoods in the Fort Walton Beach area looking for mailbox flags that were raised, indicating the presence of outgoing mail. Rhodes would then steal the mail, looking for personal checks from the homeowner to various payees. Once found, he would wash the checks, make himself or one of his aliases the payee, and increase the payment amount. Finally, he would take the checks to local banks and cash them. Using this scheme, he stole over 30 checks, for a loss amount more than $35,000. This crime primarily victimized elderly members of the community, but also many of the local banks. The residents bore the time and expense of sorting out the fraud and the impact of the misdirected funds and the local banks ultimately bore the financial loss. From 2019 to 2022, Rhodes served time in Alabama for a similar scheme. When Rhodes was arrested in Enterprise, Alabama in 2019, he had several checks in his vehicle waiting to be cashed, some from residents of Okaloosa County.
“Identity theft and fraud are a continuing problem in our society,” said Sheriff Eric Aden. "I commend the hard work of our investigators to hold these individuals accountable and our department will continue to aggressively pursue all who engage in this type of criminal activity.”
Rhodes’s prison sentence will be followed by three years of supervised release. The court also ordered Rhodes to pay $6,727 in restitution.
“The United States Postal Inspection Service will aggressively investigate those who target our most vulnerable citizens and defraud them of their hard-earned money,” said Miami Division Postal Inspector in Charge Juan A. Vargas. “This sentence is a testament of the dedication and collaborative efforts with all law enforcement partners involved.”
This case was investigated by the Okaloosa County Sheriff’s Office and the United States Postal Inspection Service. Assistant United States Attorney Walter Narramore prosecuted the case.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Cut Bank woman sentenced for role in vehicle crash that killed one, injured another in East GlacierRead the Press Release
GREAT FALLS — A Cut Bank woman who admitted to manslaughter and assault charges after the vehicle she was driving crashed head on into another vehicle in East Glacier, on the Blackfeet Indian Reservation, was sentenced today to 37 months in prison, to be followed by two years of supervised release, U.S. Attorney Jesse Laslovich said.
Feather Lynn Stillsmoking, 32, pleaded guilty in December 2022 to involuntary manslaughter and to assault resulting in serious bodily injury.
Chief U.S. District Judge Brian M. Morris presided. The court also ordered $8,661 restitution.
In court documents, the government alleged that on March 12, 2022, Stillsmoking was driving an Oldsmobile west on US 2 into East Glacier at a high rate of speed. As she was negotiating a left-hand curve, the car rotated counterclockwise because of the speed, crossed the centerline and collided head on with an eastbound Nissan. A passenger, identified as John Doe, who was in the Oldsmobile, died at the scene of blunt force injuries. The driver of the Nissan, identified as Jane Doe, suffered serious injuries. An analysis of Stillsmoking’s blood found alcohol, amphetamine and methamphetamine. Stillsmoking told investigators that she drank a fifth of vodka prior to the crash. Investigators determined that the Oldsmobile was traveling at 102 mph five seconds before impact. The speed limit at the crash location is a 25-mph restricted speed zone.
In the government’s sentencing memo, John Doe’s mother and Jane Doe described how the crash has affected their lives. “There is no greater pain than having your child gone from you in a blink of an eye and there is nothing you can do about it,” John Doe’s mother said in her statement. Jane Doe described having surgeries and ongoing pain, seeking mental health counseling and experiencing financial stress from being unable to work for six months while being the main source of income for her family. “This happened at a time in my life, I will be 75, when I was hoping I could stop working, but I can’t,” Jane Doe said in her statement.
The U.S. Attorney’s Office prosecuted the case. The FBI, Blackfeet Law Enforcement Services, Glacier County Sheriff’s Office and Montana Highway Patrol conducted the investigation.
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Convicted Felon Sentenced to More than Eight Years in Prison for Fentanyl Distribution Offenses and Possessing a Loaded Firearm with Obliterated Serial NumberRead the Press Release
BOSTON – A Somerville man was sentenced on May 17, 2023 for distributing fentanyl and subsequently possessing fentanyl with intent to distribute while being illegally in possession of a loaded firearm.
Tevon Ngomba, 30, was sentenced by U.S. District Court Judge Indira Talwani to 97 months in prison and four years of supervised release. In November 2022, Ngomba pleaded guilty to one count of distributing and possessing with intent to distribute 40 grams or more of fentanyl, one count of possessing with intent to distribute fentanyl and one count of possessing a firearm and ammunition as a convicted felon.
On July 16, 2020, less than two months following his release from state prison, Ngomba distributed more than 40 grams of fentanyl to an individual in exchange for $1,800 in a recorded drug transaction.On Aug. 3, 2020, Ngomba purported to sell a loaded firearm to the same individual in exchange for $1,500 in another recorded transaction. During the deal, which occurred in the individual’s vehicle, Ngomba loaded the firearm and pretended to leave it under the driver’s seat before exiting the vehicle. Instead, Ngomba took both the $1,500 cash from the individual as well as the firearm he had pretended to sell. Ngomba did not realize, however, that he accidentally left his cellphone in the individual’s vehicle which he preceded to chase down. Law enforcement immediately apprehended Ngomba who was still clutching the $1,500 in his hand.
During a subsequent search of Ngomba’s vehicle, a loaded Ruger firearm with an obliterated serial number was found in the trunk. Sixteen grams of fentanyl and a second cellphone containing drug-related communications were in the glove compartment. The cellphone Ngomba left in the individual’s car was found to contain images from the night before of Ngomba posing with what appeared to be the same firearm found in his vehicle. One image also showed Ngomba posing alongside two associates while he had a firearm in his pocket.
At the sentencing hearing, the Court also found that Ngomba obstructed justice during the litigation of the case, determining that Ngomba had submitted false documents to the Court in connection with a detention reconsideration hearing. Those documents included two letters purportedly written by two acquaintances of Ngomba (the same individuals depicted in one of the cellphone images) in which they denied any gang affiliation or association. A transcript of jail recordings captured Ngomba contacting an individual requesting that she draft letters in the names of those two associates. Ngomba detailed what to write in the letters and then instructed the female to create a fake email account from which to transmit the letters onto his attorney for submission to Court in support of his pretrial release. The letters ultimately were filed with the Court in connection with Ngomba’s detention reconsideration hearing.
Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, New England Field Division; Somerville Police Chief Charles Femino; and Somerville Housing Authority Chief of Police Daniel Meade made the announcement. Assistant U.S. Attorneys Kaitlin R. O’Donnell and Fred M. Wyshak, III of Levy’s Organized Crime and Gang Unit prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.Convicted Felon Sentenced to 6 Years in Federal Prison for Illegally Possessing Eight Firearms and over 600 Rounds of AmmunitionRead the Press Release
CONCORD – A former Jefferson man was sentenced today in federal court for possessing eight firearms and 600 rounds of ammunition as a prohibited person, U.S. Attorney Jane E. Young announces.
Hunter Ramsay, 29, was sentenced by Chief U.S. District Court Judge Landya McCafferty to 72 months in prison and 3 years of supervised release. On January 23, 2023, Ramsay pleaded guilty to one count of possession of firearms as a previously convicted person.
“The defendant illegally possessed an arsenal of ammunition and firearms, which included three sawed-off shotguns. He compounded his threat to the community by leading law enforcement on a dangerous high-speed pursuit,” said U.S. Attorney Jane E. Young. “I commend the brave acts and poise under pressure of the officers and State troopers who successfully brought Ramsay to justice.”
“ATF will continue to actively pursue individuals with firearms and/or ammunition, who are legally prohibited from doing so. These weapons continue to be used to further criminal activity, and ATF is committed to stopping it,” said ATF Special Agent in Charge James Ferguson.
On July 7, 2021, Ramsay was wanted on outstanding state warrants for probation violations in both New Hampshire and Vermont when he was observed by New Hampshire State Police driving a truck in Bethlehem. Ramsay initially fled, so his vehicle was disabled by law enforcement’s deployment of spike strips in Littleton. Ramsay was taken into custody, and a total of eight firearms and over 600 rounds of ammunition were recovered on him and in his vehicle. At the time, Ramsay was prohibited from possessing firearms and ammunition under federal law as a result of a prior felony conviction in Vermont state court. Ramsay has been detained since his July 2021 arrest.
The Bureau of Alcohol, Tobacco, Firearms & Explosives led the investigation. Valuable assistance was provided by the New Hampshire State Police, the Littleton Police Department, the Coos County Attorney’s Office, and the New Hampshire Department of Corrections. The case is being prosecuted by Assistant United States Attorney Charles L. Rombeau.
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Columbia County man sentenced to federal prison for possession of child pornographyRead the Press Release
AUGUSTA, GA: A Columbia County man has been sentenced to more than 14 years in federal prison after pleading guilty to possessing images of child sexual abuse.
Bradley Fearneyhough, 35, of Martinez, Ga., was sentenced to 172 months in prison after pleading guilty to Possession of Child Pornography, said Jill E. Steinberg, U.S. Attorney for the Southern District of Georgia. U.S. District Court Chief Judge J. Randal Hall also ordered Fearneyhough to pay $21,000 in restitution, to register as a sex offender, and to serve 20 years of supervised release upon completion of his prison term. There is no parole in the federal system.
“Predators who possess images of child sexual exploitation perpetuate the victimization of these vulnerable children,” said U.S. Attorney Steinberg. “This sentence makes it clear that such despicable activity won’t be tolerated in our communities.”
“As described in court documents and testimony, in May 2022, the FBI received an online tip that Fearneyhough possessed images that depicted child sexual abuse. He was arrested after subsequent interviews and searches of his electronic devices. Agents found hundreds of images of child pornography on multiple devices in Fearneyhough’s possession, including videos depicting sexual abuse of children as young as infants.
"Thanks to a public tip submitted to the National Threat Operations Center, Fearneyhough will be held accountable for his heinous crimes," said Keri Farley, Special Agent in Charge of FBI Atlanta. "This case is an outstanding example of how partnerships between the FBI and the public are essential in protecting our citizens, in particular, children, our most vulnerable citizens."
Anyone with information on suspected child sexual exploitation can contact the National Center for Missing and Exploited Children at 800-843-5678, or https://report.cybertip.org/.
The case was investigated by the FBI, and prosecuted for the United States by First Assistant U.S. Attorney Tara M. Lyons.
Co-leader of Alien Smuggling Organization Sentenced to Four Years in PrisonRead the Press Release
EL PASO, Texas – A Mexican national residing in Plano was sentenced in a federal court in El Paso on May 3 to 48 months in prison and three years of supervised release for one count of conspiracy to transport aliens.
According to court documents, Ana Maria Villa-Flores, 40, of Morelia, Michoacan, Mexico, conspired, communicated and coordinated the smuggling of a group of 22 undocumented noncitizens from El Paso to the Dallas-Fort Worth area with a co-conspirator in July 2021. Villa-Flores also conspired and coordinated with another co-conspirator to move 24 undocumented noncitizens from El Paso to Plano in January 2022. Further investigation revealed Villa-Flores to be a leader and organizer for conspiring to smuggle undocumented noncitizens via locked and enclosed cargo trailers from El Paso to Dallas-Fort Worth. Villa-Flores is held accountable for smuggling 124 known undocumented noncitizens between July 2021 and April 2022.
“As demonstrated in this case, our dedicated partners at Homeland Security Investigations and the U.S. Border Patrol remain vigilant in their pursuit of justice. The dismantling of this alien smuggling organization is a testament to their commitment and tireless effort,” said U.S. Attorney Jaime Esparza of the Western District of Texas. “Together, we stand resolute in protecting our borders and upholding the rule of law, safeguarding the integrity of our nation.”
“Individuals involved in the illicit movement of human cargo into the country and then onto further destinations within the United States have a callous disregard for the value of human life and are placing profit ahead of public safety,” said Special Agent in Charge Francisco B. Burrola for HSI El Paso. “HSI will continue to aggressively work with our law enforcement partners to identify and arrest those involved in this illicit and dangerous activity.”
HSI and USBP investigated the case.
Assistant U.S. Attorney Victoria Crosby prosecuted the case.
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Chattanooga Police Department Awards United States Attorney's Office Federal Partner of the YearRead the Press Release
CHATTANOOGA, Tenn. On Thursday, May 18, 2023, the Chattanooga Police Department and Chief Celeste Murphy awarded the United States Attorney’s Office the honor of Federal Partner of the Year.
In bestowing this honor on the U.S. Attorney’s Office, the Chattanooga Police Department explained:
For many years, the Chattanooga Police Department has enjoyed an excellent professional relationship with our federal partners who live and work together in the greater Chattanooga area. Over those years, CPD and the U.S Attorney’s Office have partnered on numerous individual investigations, programs, and projects to enhance the safety of our community. We believe that this partnership has played an important role in our high quality of life in Chattanooga. This past year, our partnership with the USAO has been crucial in the continued development of our region's violent crime strategy. Through this partnership, we have made significant inroads into our community’s struggle with crimes committed by individuals while using or illegally possessing guns, as well as other violent crimes committed by repeat offenders. The USAO has also directly supported CPD in the prosecution of drug-related crimes that have resulted in way too many overdose deaths of people in our community. Lastly, the USAO has taken an active role in our region's awarded PSP Grant, leveraging their Department of Justice experience to provide both guidance and strategic leadership. We at CPD look forward to our continued collaboration with the USAO as we continue to build upon our violent crime strategy.
“The United States Attorney’s Office is proud of its longstanding partnership with the Chattanooga Police Department, and we are honored to receive this award from Chief Murphy,” said United States Attorney Francis M. Hamilton III. “We look forward to continuing our important work together as we collaborate to reduce violent crime in the Chattanooga community.”
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Charleston Man Pleads Guilty to Defrauding Charitable NonprofitRead the Press Release
CHARLESTON, W.Va. – Benjamin Cisco, 30, of Charleston, pleaded guilty today to two counts of wire fraud. Cisco admitted to defrauding a charitable nonprofit organization of $871,288.34 intended for suffering West Virginians.
According to court documents and statements made in court, from about March 19, 2020, through about September 28, 2022, Cisco devised and executed his scheme to defraud the charitable non-profit organization while employed as its finance and operations manager in Belle and Charleston. Through his position, Cisco had control over the victim charity’s finances and access to its debit cards, and regularly worked with its accountant. Cisco’s duties included preparing the victim charity’s biweekly payroll, depositing payments into its bank accounts and providing its Board of Directors with updates regarding its finances.
Cisco admitted that his fraud scheme followed a two-step process. First, Cisco electronically transferred money from the victim charity’s debit cards to its account with the Flipcause crowd-funding platform, which recorded those transfers as donations. Second, Cisco electronically transferred money from the victim charity’s Flipcause account to his personal bank account, which he had falsely labeled as belonging to the victim charity.
Cisco admitted that these fraudulent transactions included electronic transfers from the victim charity’s Flipcause account to his personal bank account of $4,724 on January 28, 2022, and $2,874 on May 6, 2022. Both transfers traveled in interstate commerce between Charleston, West Virginia, and California. Cisco further admitted to executing the fraudulent two-step process more than 100 times.
Cisco’s fraudulent scheme specifically caused at least $518,101.70 of loss to the victim charity. Cisco also admitted to defrauding the victim charity of an additional $285,626.64 in travel reimbursements he was not authorized to receive and $67,560 by purchasing gift cards with victim charity funds without authorization. The total loss is $871,288.34.
Cisco is scheduled to be sentenced on September 13, 2023, and faces a maximum penalty of 40 years in prison, three years of supervised release, and a $500,000 fine. He also owes $871,288.34 in restitution.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI).
Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorneys Holly Wilson and Erik S. Goes are prosecuting the case. Assistant United States Attorney Kathleen Robeson contributed to the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-25.
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Chapel Hill Man Sentenced for Involvement in Multi-State Drug Trafficking OrganizationRead the Press Release
WINSTON-SALEM – A Chapel Hill man was sentenced today to 188 months in prison for conspiracy to possess with intent to distribute methamphetamine, announced United States Attorney Sandra J. Hairston.
According to court documents, ABEL GASPAR, JR., age 35, was charged with one count of conspiracy to commit drug trafficking along with one co-defendant after both admitted their involvement in trafficking drugs across state lines and sales of multiple quantities of methamphetamine to undercover officers. In January of 2022, a confidential source (CS) contacted the Sanford Police Department officers to provide information about a drug dealer involved in the sale of cocaine and methamphetamine. At the time of the interaction, the drug dealer was already known to officers. Officers then arranged a meeting between the CS and the dealer wherein GASPAR was seen leaving a package containing 159 grams of methamphetamine for the CS in exchange for $1,800. On February 15, 2022, the CS informed the dealer of another potential client and arranged the sale of 439 grams of methamphetamine between the dealer and an undercover officer in Raleigh for $3,500.
On February 25, 2022, a Guilford County Sheriff’s Office Deputy pulled over GASPAR for erratic driving and attempted to perform a field sobriety test as a result of GASPAR’s driving. GASPAR briefly struggled with the deputy and fled on foot. A deputy then searched GASPAR’s car and located multiple plastic bags containing a total of 2,036 grams of methamphetamine, a firearm, 12 grams of marihuana, and a large amount of cash. In interviews with investigators, GASPAR later revealed his supplier to be an individual from Atlanta.
GASPAR was sentenced today to a 188-month term of imprisonment by the Honorable Loretta C. Biggs, United States District Judge in the United States District Court for the Middle District of North Carolina. In addition to prison time, GASPAR was ordered to serve a five-year term of supervised release and to pay a special assessment of $100.00. GASPAR’s co-defendant is set for sentencing on June 2, 2023.
This prosecution was brought as a part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
This case was investigated by Drug Enforcement Agency, the North Carolina State Bureau Investigation, the Guilford County Sheriff’s Office, and the Sanford Police Department, and is being prosecuted by Assistant United States Attorney Jake Pryor.
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Caswell Woman Sentenced to 12 ½ Years on Federal Drug and Gun ChargesRead the Press Release
BANGOR, Maine: A Caswell woman was sentenced today in U.S. District Court in Bangor for possession of more than 500 grams of methamphetamine with the intent to distribute and possession of firearms by an unlawful user of controlled substances
U.S. District Judge Lance E. Walker sentenced Nicole McLaughlin, 42, to 150 months in prison followed by five years of supervised release on the drug charge and 120 months in prison followed by three years of supervised release on the firearms charge, to be served concurrently.
According to court records, in May 2022, McLaughlin was in a single-vehicle car accident in Presque Isle. Responding officers from the Presque Isle Police Department discovered methamphetamine, drug paraphernalia and a handgun in her vehicle. Agents with the Maine Drug Enforcement Agency responded and investigated further. A search of McLaughlin’s residence resulted in the seizure of a large safe containing approximately 92 pounds of methamphetamine, the largest meth bust ever in the state of Maine. The search also uncovered four handguns, including one with an obliterated serial number, and documents bearing McLaughlin’s name.
The Maine Drug Enforcement Agency and the U.S. Drug Enforcement Administration investigated the case, with assistance from the Presque Isle Police Department and the Maine State Police. U.S. Attorney Darcie N. McElwee thanked the Aroostook County District Attorney’s Office for the consultation and coordination it provided.
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Career Offender Sentenced to More Than 26 Years in Prison on Drug Trafficking ChargesRead the Press Release
HUNTSVILLE, Ala. – A federal judge today sentenced an Athens man on drug charges, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
U.S. District Court Judge Liles Burke sentenced Eric Cordelle Bass, 35, of Athens, to 322 months in prison. Bass pleaded guilty in February 2023 to two counts of possession with intent to distribute methamphetamine and one count of possession of a firearm in furtherance of a drug trafficking crime. Bass is a Career Offender based on prior felony convictions. The sentence reflects his status as a Career Offender.
“This sentence sends a message that armed drug dealers will face stiff consequences in the Northern District of Alabama,” said U.S. Attorney Escalona. “I am grateful to the FBI and Limestone County Sheriff’s Office whose efforts ensured that this career offender was brought to justice.”
According to the plea agreement, the Limestone County Sheriff's Office Narcotics Unit executed a search warrant at Bass’ residence on October 28, 2021. In Bass’ bedroom, investigators found approximately one pound of methamphetamine and two firearms. In addition, on March 16, 2022, Bass was found to be in possession of a bag containing methamphetamine and a firearm. Bass attempted to bribe the officers after the methamphetamine was discovered.
The FBI investigated the case along with the Limestone County Sheriff’s Office. Assistant U.S. Attorney John M. Hundscheid prosecuted the case.
California Man Pleads Guilty in Identity Theft and Fraud SchemeRead the Press Release
RICHMOND, Va. – A Los Angeles, California, man pleaded guilty today to fraud and identity theft charges in connection with stealing the identity of the owner of a Richmond auto shop, Lotsey & Hardy Tire Company.
According to court documents, around January 2022, Daniel Cruz, 30, obtained the owner’s personal information and used that information to take over the auto shop and its owner’s accounting software, bank accounts, email addresses, and phone numbers. Through approximately February 2023, armed with this sensitive information, Cruz re-routed calls placed to Lotsey & Hardy to his own phone, transferred money to his personal bank account from bank accounts of the shop and its owner, took out loans in the owner’s name, ordered and picked up auto parts in Los Angeles and billed them to the Richmond auto shop, and ordered auto parts by impersonating the shop’s owner. In all, the loss resulting from Cruz’s crimes totaled at least $34,514.87.
Cruz is scheduled to be sentenced on August 31. He faces a mandatory minimum sentence of 2 consecutive years in prison for aggravated identity theft, and a maximum penalty of 20 years in prison for wire fraud. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Kyo M. Dolan, Special Agent in Charge of the U.S. Secret Service’s Richmond Field Office, made the announcement after Senior U.S. Magistrate Judge Summer L. Speight accepted the plea.
Assistant U.S. Attorney Shea Gibbons is prosecuting the case.
The Central Virginia Financial Crimes Task Force, created in 2022, is a partnership between federal, state, and local law enforcement agencies and representatives of local financial institutions. Co-chaired by the Richmond Field Office of the United States Secret Service and the Washington Division of the United States Postal Inspection Service, the Task Force utilizes the knowledge and experience of its many partners to develop intelligence and pursue investigations into crimes that target or involve financial institutions located throughout the Central Virginia region.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:23-cr-32.
Brazilian Man Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Brazilian man residing in Revere has been sentenced in federal court in Boston for illegally reentering the United States after deportation.
Julio Cesar Ferreira Artur, 41, was sentenced on May 17, 2023 by U.S. District Court Judge Richard G. Stearns to 18 months in prison followed by one year of supervised release. Ferreira Artur will be subject to deportation proceedings upon completion of his sentence. On Jan. 17, 2023, Ferreira Artur pleaded guilty to illegal reentry.
In 2005, Ferreira Artur was encountered by federal immigration authorities in Arizona and determined to be illegally present in the United States. Ferreira Artur was subsequently placed into removal proceedings and, on March 30, 2005, was deported to Brazil.
Sometime after his 2005 removal, Ferreira Artur illegally reentered the United States. In February 2018, he was encountered by immigration authorities in Revere, determined to be illegally present and again deported to Brazil in April 2018.
On an unknown date and place, Ferreira Artur illegally reentered the United States for the third time. In February 2022, federal immigration authorities located Ferreira Artur at the Middlesex County House of Correction where he was being held pretrial on unrelated state charges. According to court records, in January 2022 he was convicted in a state case of carrying a firearm and ammunition without a license and sentenced to more than four years in prison.
Acting United States Attorney Joshua S. Levy and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations made the announcement. Assistant U.S. Attorney Elianna J. Nuzum of Levy’s Major Crimes Unit prosecuted the case.Beverly Hills Man Finishing Federal Sentence in Fraud Case Indicted in New Alleged $9 Million Scam for Investments in Fake Hemp FarmRead the Press Release
LOS ANGELES – A federal grand jury this afternoon returned a five-count indictment that accuses a Beverly Hills man – who was completing a sentence in a prior federal fraud case – of soliciting more than $9 million from investors with false claims they were investing in a hemp farm that did not exist.
Mark Roy Anderson, 68, who was living in Beverly Hills while on supervised release after serving a 135-month prison sentence, faces five counts of wire fraud in a case that alleges he tricked investors into providing funding for his company, called Harvest Farm Group, to harvest and process hemp, grown on his farm, into medical grade CBD isolate to be sold for a substantial profit.
Special agents with the FBI arrested Anderson in this case on May 9 after prosecutors filed a criminal complaint outlining a series of actions and false statements that allegedly induced victims to send money to Anderson during the scheme that ran from at least June 2020 to April 2021.
“To induce the victim-investors to invest in Harvest Farm Group, defendant Anderson falsely represented that, through Harvest Farm Group: (i) he owned and operated a hemp farm in Kern County, California; (ii) he had already completed successful and profitable harvests of hemp from the farm; and (iii) he was using his own machinery and equipment to convert the hemp into CBD isolate and/or Delta 8, a psychoactive substance that, like CBD isolate, could be used in consumer products ranging from olive oil to body cream,” according to the indictment, which goes on to allege that none of those claims was true.
Anderson allegedly attempted to maintain a veneer of trustworthiness by taking steps to assure investors Harvest Farms Group was legitimate and he “was not the ‘Mark Roy Anderson’ with multiple prior fraud convictions.” The indictment alleges Anderson “concealed that he had been convicted of multiple federal and state felony crimes, including mail fraud, wire fraud, grand theft, forgery, preparing false evidence, and money laundering, and concealed that he was still serving a criminal sentence and still on supervised release at the time he was soliciting investments.”
Anderson allegedly used investor money for personal expenses, including more than $650,000 worth of luxury and vintage vehicles, over $400,000 in cash withdrawals, more than $142,000 in retail purchases, and other personal expenses, including more than $1.3 million spent to purchase a residence and surrounding citrus groves in Ojai.
An indictment contains allegations that a defendant committed a crime. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Anderson, who has been ordered held without bond in this case, is scheduled to be arraigned on the indictment in United States District Court on May 30.
Each count of wire fraud alleged in the indictment carries a statutory maximum sentence of 20 years in federal prison.
The FBI is investigating this case.
Assistant United States Attorney Kerry L. Quinn of the Major Frauds Section is prosecuting the case.
Bangor Man Faces up to Life Following Guilty Plea to Drug and Gun ChargesRead the Press Release
BANGOR, Maine: A Bangor man pleaded guilty today in U.S. District Court in Bangor to possessing controlled substances with the intent to distribute and being a felon in possession of a firearm.
According to court records, in May 2022, officers with the Brewer Police Department responded to a call for a service and located Allen Henry, 48, in a parked vehicle. A record check revealed Henry had an active warrant for his arrest and active bail conditions stemming from a state charge. The bail conditions prohibited him from using or possessing any alcohol or illegal drugs. Upon conducting a bail check to ensure Henry was compliant with conditions, officers located more than 400 grams of fentanyl, approximately 30 grams of cocaine base and a firearm in his vehicle. Henry has a previous 2013 state conviction that prohibits him from possessing firearms.
Henry faces a maximum term of life imprisonment on the drug charge and up to ten years on the firearms charge. He will be sentenced after the completion of a presentence investigative report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Drug Enforcement Administration, Maine Drug Enforcement Agency, and the Brewer Police Department investigated this case.
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