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19 May 2023
Bradenton Man Sentenced to More Than 17 Years for Distributing Cocaine Obtained Through the MailRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Angel Hernandez Coss (38, Bradenton) to 17 years and 6 months in federal prison for conspiring to distribute over five kilograms of cocaine. Hernandez Coss had pleaded guilty on January 17, 2023.
According to court documents, Hernandez Coss and his codefendant, Nathasha Prieto, a former United States Postal Carrier, orchestrated a scheme by which Prieto provided addresses on her delivery route to Hernandez Coss who used those addresses to secure shipments of cocaine from Puerto Rico. As a result, kilogram quantities of cocaine were shipped in packages to these addresses. Prieto then removed the packages from the mail stream and provided them to Coss who then distributed the cocaine. Prieto previously pleaded guilty to conspiracy. She is scheduled to be sentenced on May 23, 2023.
This case was investigated by the United States Postal Service Office of Inspector General, the Drug Enforcement Administration, and the Manatee County Sherriff’s Office. It is being prosecuted by Assistant United States Attorney Jim Preston.
Baltimore Man Facing Federal Charges for Murder for Hire Resulting in the Death of A Baltimore Woman, Witness Retaliation and Witness TamperingRead the Press Release
Baltimore, Maryland – A federal grand jury returned an indictment yesterday charging Matthew Hightower, age 41, of Baltimore, Maryland, with two counts of conspiracy to murder a witness, one count each of witness retaliation murder and witness tampering murder, and one count of a murder for hire conspiracy related to the murder of Latrina Ashburne on May 27, 2016.
The indictment was announced by First Assistant United States Attorney for the District of Maryland Phil Selden; Special Agent in Charge Maureen Dixon of the Department of Health and Human Services Office of Inspector General; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation; Commissioner Michael Harrison of the Baltimore Police Department; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Chief Robert McCullough of the Baltimore County Police Department.
According to the five-count indictment, Hightower conspired to and did kill Ashburne with the intent to retaliate against this witness for providing information to a law enforcement officer relating to the commission and possible commission of a federal offense, as well as to prevent this witness from attending and testifying in an official proceeding.
Baltimore Police Department reports show that Ashburne was murdered in the early morning as she got into her car outside her home in the Cylburn neighborhood of Baltimore. The police reported that an unknown male approached and shot Ms. Ashburne in the upper body as she tried to run.
If convicted, Hightower faces a mandatory sentence life in prison for each of the two conspiracy counts, for the witness retaliation and witness tampering murder charges, for the murder for hire conspiracy. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings. No court appearance has been scheduled. Hightower is detained.
First Assistant United States Attorney Phil Selden commended the HHS-OIG, the FBI, the Baltimore Police Department, the ATF, and the Baltimore County Police Department for their work in the investigation. Mr. Selden thanked Assistant U.S. Attorneys Kim Y. Oldham and Aaron S. J. Zelinsky, who are prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Aurora Man Found Guilty of CarjackingRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Odifu Odifu, age 27, of Aurora, was found guilty of carjacking, brandishing a firearm during a crime of violence, and possession of a firearm by a convicted felon.
According to facts presented at trial, on January 2, 2021, the defendant was driving a BMW that struck a GMC pickup truck on East Colfax Avenue in Aurora. After both cars pulled over on a side street, Odifu got out of the BMW, put a pistol to the head of the female driver of the pickup truck, and demanded that she get out. Odifu told the male passenger that he would shoot the female driver in the head. Odifu opened the driver-side door and removed the female driver from the truck. Meanwhile, a co-defendant removed the male passenger at gunpoint. Odifu then drove away in the truck. Aurora Police Department officers located the truck a short time later in a Wal-Mart parking lot. Odifu and his co-defendants were inside. Odifu led officers on a high-speed chase through a busy area that ended with officers immobilizing the truck on Hampden Avenue. Odifu then fled on foot. Officers apprehended him and discovered a loaded pistol at the location where he was arrested.
“We are committed to doing all we can to address violence in our communities,” said U.S. Attorney Cole Finegan. “We commend the work of our law enforcement partners that ensured this defendant was brought to justice, and hope that this conviction brings a measure of peace to the victims of this terrifying crime.”
“The Regional Anti-Violence Enforcement Network (RAVEN), a multi-agency task force of local, state, and federal partners to which ATF belongs, has the critical mission of combatting and dismantling violent crime that endangers our communities,” said ATF Special Agent in Charge Brent Beavers. “Through this partnership, and with the great work of the Aurora Police Department, a dangerous and violent criminal who used gun violence to victimize our communities will be held accountable for his actions due to the successful prosecution by the U.S. Attorney’s Office.”
A federal jury returned the guilty verdicts against Odifu on May 17, 2023. Sentencing is scheduled for July 21, 2023.
The ATF handled the investigation in this case. Assistant United States Attorneys Rajiv Mohan and Kurt Bohn handled the prosecution.
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.
Case No. 21-cr-00047
Atlanta Man Sentenced to More Than Six Years in Prison for Methamphetamine Distribution Conspiracy Using Laundry Detergent BoxesRead the Press Release
Tampa, Florida – U.S. District Judge William F. Jung has sentenced Jose Javier Galvan (55, Atlanta, GA) to six years and six months in federal prison for conspiracy to possess with the intent to distribute 500 grams or more of methamphetamine. Galvan had pleaded guilty on February 2, 2023.
According to court documents, in July and August 2021, Galvan conspired with others to distribute kilogram quantities of high-purity methamphetamine from Guadalajara, Mexico to Atlanta and Tampa. Galvan drove from the Atlanta area to Tampa to plan for the distribution of the methamphetamine and agreed to sell several kilograms of methamphetamine for approximately $5,700, with more quantities of the drug to follow via deliveries from his drug courier.
A drug courier drove from Atlanta to Plant City and delivered 1.89 kilograms of high-purity methamphetamine imported from Mexico. The courier transported the methamphetamine in a bright green laundry detergent box.
On July 22, 2021, Galvan traveled from Atlanta to Temple Terrance, Florida to collect more than $11,000 of drug monies owed to him for the methamphetamine delivery. The following week, Galvan and a drug courier agreed to deliver another multi-kilogram package of methamphetamine into the Middle District of Florida. The drug courier drove from Atlanta with the methamphetamine contained in two laundry detergent boxes. Law enforcement stopped the courier’s vehicle in Lowndes County, Georgia. During the traffic stop, law enforcement discovered the two laundry detergent boxes containing an aggregate amount of approximately 4.9 kilograms of methamphetamine.
This case was investigated by the Drug Enforcement Administration, the Winter Haven Police Department, the Plant City Police Department, and the Lowndes County Sheriff’s Office (Georgia). It was prosecuted by Assistant United States Attorney David W.A. Chee.
18 May 2023
Yakima Resident Sentenced to 15 Months in Federal Prison for COVID-19 Relief FraudRead the Press Release
Yakima, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that Karla Padilla, age 49, of Yakima, Washington, was sentenced to 15 months in federal prison for fraudulently obtaining more than $290,000 in COVID-19 relief funds. United States District Judge Mary K. Dimke announced the sentence, the most recent obtained by the COVID-19 Relief Fraud Strike Force Strike Force.
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act provided a number of programs through which eligible small businesses could request and obtain relief funding intended to mitigate the economic impacts of the pandemic for small and local businesses. One such program, the Paycheck Protection Program (PPP), provided government-backed funding to small businesses which could be forgiven so long as the proceeds were used for payroll and other eligible expenses. Another program, the Economic Injury Disaster Loan (EIDL) program, provided low interest loans that could be deferred until the conclusion of the pandemic to provide “bridge” funding for small businesses to maintain their operations during shutdowns and other economic circumstances caused by the pandemic. The PPP and EIDL programs have provided billions of dollars in aid, the vast majority of which have not been paid back, including hundreds of millions of dollars disbursed within Eastern Washington.
“COVID-19 relief programs were designed to lift up our community during crisis, and due to the number of people and businesses that requested funding, some deserving small businesses were not able to obtain funding to keep their businesses in operation,” said U.S. Attorney Waldref. “We created the Eastern Washington COVID-19 Fraud Strike Force because combatting pandemic-related fraud and holding those accountable who abused these programs is critical to the strength and safety of our community in Eastern Washington. The Strike Force works to ensure that limited resources are used to protect our local small businesses and the critical jobs and services that they provide for the community. Today’s sentence represents the most significant period of custody imposed in our district for pandemic-related fraud. I am especially grateful to Special Assistant United States Attorney Frieda K. Zimmerman, as well as Assistant United States Attorneys Dan Fruchter, Tyler Tornabene, and Brian Donovan for their work ensuring fraudsters are held accountable for their crimes.”
In February 2022, U.S. Attorney Waldref and the U.S. Attorney’s Office (USAO) began working with federal law enforcement agencies to create and launch a COVID-19 Fraud Strike Force that would leverage partnerships between different agencies to aggressively investigate and prosecute fraud against COVID-19 relief programs in Eastern Washington. The Strike Force consists of agency representatives from the USAO, Small Business Administration (SBA) Office of Inspector General (OIG), Federal Bureau of Investigation (FBI), U.S. Department of the Treasury Inspector General for Tax Administration (TIGTA), U.S. Secret Service, U.S. Homeland Security Investigations, U.S. Department of Veterans Affairs OIG, General Services Administration OIG, Department of Homeland Security (DHS) OIG, Internal Revenue Service, Department of Energy OIG, and others.
According to court documents and information disclosed during court proceedings, Padilla fraudulently obtained hundreds of thousands of dollars in PPP and EIDL funding for her purported collectible car business, Queen B Collectibles, and for other purported businesses owned by Padilla. As Padilla admitted during court proceedings and in her plea agreement, Queen B Collectibles was not an active business as of February 2020, and therefore was not eligible for any PPP or EIDL funding. As part of her sentence, Padilla will serve 15 months in federal prison and three years of supervised release. The court also sentenced Padilla to pay restitution of $302,145.40, the amount of loss to the United States as the result of the fraud, and an additional fine of $25,000 dollars. Finally, in an addendum to the plea agreement, Padilla agreed to forfeit the proceeds from the sale of a parcel of real property, as the property was derived from proceeds from the fraud.
“This sentence demonstrates that falsifying information to gain access to taxpayer dollars will not be overlooked and wrongdoers will be brought to justice,” said SBA OIG’s Western Region Special Agent in Charge Weston King. “I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and pursuit of justice.
“I commend the stellar investigative work on these cases performed by the Strike Force and especially in this case by SBA OIG, TIGTA, and FBI” said U.S. Attorney Waldref. “We will continue to work together with our law enforcement partners to vigorously prosecute those who abuse and misuse COVID-19 relief funding, and to strengthen our communities by protecting our small and local businesses.”
This case was investigated by the Eastern District of Washington COVID-19 Fraud Strike Force and by the SBA OIG, TIGTA, and FBI. Special Assistant United States Attorney Frieda K. Zimmerman and Assistant United States Attorneys Dan Fruchter, Tyler Tornabene, and Brian M. Donovan prosecuted this case on behalf of the United States.
Case No. 1:22-CR-2059-MKD
Wisconsin Man Charged with Hacking Fantasy Sports and Betting WebsiteRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing of a six-count criminal Complaint charging JOSEPH GARRISON in connection with a scheme to hack user accounts at a fantasy sports and betting website (the “Betting Website”) and sell access to those accounts in order to steal hundreds of thousands of dollars from them. GARRISON surrendered this morning in New York, New York, and will be presented this afternoon before United States Magistrate Judge James L. Cott.
U.S. Attorney Damian Williams said: “As alleged, Garrison used a credential stuffing attack to hack into the accounts of tens of thousands of victims and steal hundreds of thousands of dollars. Today, thanks to the work of my Office and the FBI, Garrison learned that you shouldn’t bet on getting away with fraud.”
FBI Assistant Director in Charge Michael J. Driscoll said: “As alleged, Garrison attained unauthorized access to victim accounts using a sophisticated cyber-breaching attack to steal hundreds of thousands of dollars. Cyber intrusions aiming to steal private individuals’ funds represent a serious risk to our economic security. Combatting cyberattacks and holding the responsible threat actors accountable in the criminal justice system remains a top priority for the FBI.”
As alleged in the Complaint:[1]
On or about November 18, 2022, GARRISON launched a “credential stuffing attack” on the Betting Website. During a credential stuffing attack, a cyber threat actor collects stolen credentials, or username and password pairs, obtained from other large-scale data breaches of other companies, which can be purchased on the dark web. The threat actor then systematically attempts to use those stolen credentials to obtain unauthorized access to accounts held by the same user with other companies and providers in order to compromise accounts where the user has maintained the same password. Here, in connection with the attack on the Betting Website, there was a series of attempts to log into the Betting Website accounts using a large list of stolen credentials.
GARRISON and others successfully accessed approximately 60,000 accounts at the Betting Website (the “Victim Accounts”) through the credential stuffing attack. In some instances, the individuals who unlawfully accessed the Victim Accounts were able to add a new payment method on the account, deposit $5 into that account through the new payment method to verify that method, and then withdraw all the existing funds in the Victim Account through the new payment method (i.e., to a newly added financial account belonging to the hacker), thus stealing the funds in the Victim Account. Using this method, GARRISON and others stole approximately $600,000 from approximately 1,600 Victim Accounts.
Law enforcement executed a search on GARRISON’s home in February 2023. In that search, they located programs typically used for credential stuffing attacks. Those programs require individualized “config” files for a target website to launch credential stuffing attacks, and law enforcement located approximately 700 such config files for dozens of different corporate websites on GARRISON’s computer. Law enforcement also located files containing nearly 40 million username and password pairs on GARRISON’s computer, which are also used in credential stuffing attacks.
On GARRISON’s cellphone, law enforcement also located conversations between GARRISON and his co-conspirators, which included discussions about how to hack the Betting Website and how to profit from the hack of the Betting Website by extracting funds from the Victim Accounts directly or by selling access to the Victim Accounts. In one particular conversation, GARRISON discussed, in substance and in part, how successful he was at credential stuffing attacks, how much he enjoyed credential stuffing attacks, and how GARRISON believed that law enforcement would not catch or prosecute him. Specifically, GARRISON messaged the following, in substance and in part: “fraud is fun . . . im addicted to see money in my account . . . im like obsessed with bypassing shit.”
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GARRISON, 18, of Madison, Wisconsin, is charged with conspiracy to commit computer intrusions, which carries a maximum sentence of five years in prison; unauthorized access to a protected computer to further intended fraud, which carries a maximum sentence of five years in prison; unauthorized access to a protected computer, which carries a maximum sentence of five years in prison; wire fraud conspiracy, which carries a maximum sentence of 20 years in prison; wire fraud, which carries a maximum sentence of 20 years in prison; and aggravated identity theft, which carries a mandatory minimum sentence of two years in prison.
The minimum and maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding work of the FBI. Mr. Williams also thanked the United States Attorney’s Office for the Western District of Wisconsin for their assistance in the investigation.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Kevin Mead and Micah Fergenson are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
United States Attorney’s Office Honors Law Enforcement Personnel for Exceptional ServiceRead the Press Release
CONCORD – United States Attorney Jane E. Young announces the recipients of the 2023 Law Enforcement Awards in honor of National Police Week. More than 30 federal, state, and local law enforcement personnel are being recognized for their contributions to the success of federal cases during the 2022 calendar year.
These awards recognize the outstanding collaboration, investigative achievement, victim service, and exceptional contributions to identifying critical intelligence by federal agents, state, and local officers, and a K9. The U.S. Attorney’s Office in the District of New Hampshire will host a formal ceremony to honor these individuals in September 2023.
“Law enforcement personnel, and their families, make sacrifices every day in order to put their service to our communities first,” said U.S. Attorney Jane E. Young. “The Law Enforcement Awards are an opportunity for us to thank the officers for their hard work, their families for their sacrifices, and to recognize their part in obtaining justice.”
The category of the Outstanding Collaboration Award recognizes individuals who demonstrated outstanding efforts or overcame significant challenges in collaborating with multiple agencies. The following departments and agencies are being honored:
- Alton Police Department
- Internal Revenue Service
- Federal Bureau of Investigation
- New Hampshire State Police
- Merrimack County Sheriff’s Office
- U.S. Department of Labor, Office of Inspector General
- U.S. Department of Homeland Security, Homeland Security Investigations
- U.S. Postal Inspection Service
The Investigative Achievement Award is limited to those whose activities have substantially and significantly contributed to a particular USAO prosecution. The following departments and agencies are being honored:
- Bureau of Alcohol, Tobacco, Firearms and Explosives
- Department of Defense, Office of Inspector General
- Federal Bureau of Investigation
- Manchester Police Department
- U.S. Department of Veterans Affairs, Office of Inspector General
- U.S. Drug Enforcement Administration
- U.S. Health and Human Services, Office of Inspector General
- U.S. Small Business Administration, Office of Inspector General
- U.S. Treasury Inspector General for Tax Administration
The Exceptional Contribution to a Federal Investigation/Prosecution Award is reserved for recipients whose actions impact law enforcement’s ability to achieve certain capabilities. In this case, the recipients enabled law enforcement to identify critical intelligence. The following department is being honored:
- Hillsborough County Sheriff's Office
Recipients in two cases will also receive the Victim Service Award for extraordinary assistance to victims of a federal crime. The following departments and agencies are being honored:
- Alton Police Department
- U.S. Department of Homeland Security, Homeland Security Investigations
- Merrimack County Sheriff’s Office
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U.S. Attorney's Office Honors and Remembers Fallen Law Enforcement Officers During National Police WeekRead the Press Release
LAS VEGAS – In recognition of National Police Week, United States Attorney Jason M. Frierson for the District of Nevada honors those who made the ultimate sacrifice. This year, the week is observed Sunday, May 14, 2023, through Saturday, May 20, 2023.
“We join communities and our law enforcement partners across the nation to honor and remember the federal, tribal, state, and local law enforcement officers who were killed or injured in the line of duty,” said United States Attorney Frierson. “Every day, courageous law enforcement officers put their lives on the line to keep our communities safe. We honor their courage, valor, service, and sacrifice.”
In 1962, President John F. Kennedy proclaimed May 15 as National Peace Officers Memorial Day and the week in which May 15 falls as National Police Week. Established by a joint resolution of Congress in 1962, National Police Week is a collaborative effort of many organizations dedicated to honoring the service and sacrifice of America’s law enforcement community. This year, memorial events ran May 9 - 20.
According to statistics reported by the FBI through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 118 law enforcement officers were killed in line of duty in 2022. Of these, 60 officers died as a result of felonious acts, and 58 officers died in accidents. LEOKA statistics can be found on FBI’s Crime Data Explorer website.
The names of 556 fallen officers were added this year to the wall at the National Law Enforcement Officer Memorial. The names were read on Saturday, May 13, 2023, during the 35th Annual Candlelight Vigil in Washington, D.C. There are currently 23,785 names engraved on the Memorial.
For more information about National Police Week, please visit https://nleomf.org/policeweek.
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U.S. Attorney Damian Williams Announces the Selection of Deputy U.S. Attorney and Special CounselRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, today announced the selection of Andrea Griswold as Deputy United States Attorney, and Margaret Garnett as Special Counsel to the United States Attorney.
Since April 2022, Ms. Griswold has served as Chief Counsel to the United States Attorney. From June 2020 until June 2022, Ms. Griswold served as a Chief of the Securities and Commodities Fraud Task Force, first as Deputy Chief and then as Chief or Co-Chief. In this two-year period, Ms. Griswold supervised a series of significant individual and corporate investigations and prosecutions relating to market manipulation, insider trading, investor fraud, and accounting and valuation fraud. Many of the cases brought under Ms. Griswold’s leadership related to private funds, SPACs, cryptocurrency and digital assets. Prior to assuming a supervisory position in that unit, Ms. Griswold investigated and prosecuted a wide variety of significant securities fraud and public corruption cases, and also served as an Acting Chief of the Narcotics Unit. Ms. Griswold began her career as an Assistant U.S. Attorney in the Office in March 2013. Prior to her public service, she worked for more than five years as an associate at Simpson Thacher & Bartlett LLP. Ms. Griswold received her B.A. cum laude from Georgetown University and her J.D. from New York University School of Law.
Following the announcement this week that Margaret Garnett has been recommended to the President for a judgeship in the Southern District of New York, Ms. Garnett has assumed the role of Special Counsel to the United States Attorney. Since November 2021, Ms. Garnett has served as Deputy United States Attorney. Prior to her return to the Office, Ms. Garnett served as the Commissioner of New York City’s Department of Investigation (“DOI”), one of the oldest municipal anti-corruption agencies in the United States. Prior to her service at DOI, Ms. Garnett served as Executive Deputy Attorney General for Criminal Justice in the Office of the New York State Attorney General. Ms. Garnett was an Assistant U.S. Attorney in the Office for 12 years, serving at times as Chief of Appeals and Chief of the Violent and Organized Crime Unit. She received the Director’s Award for Outstanding Performance and the Stimson Medal for her exceptional service in the Criminal Division. Prior to her public service, Ms. Garnett worked as an associate at Wachtell, Lipton, Rosen & Katz. She began her public service career as a law clerk to the Honorable Gerard E. Lynch of the U.S. District Court for the Southern District of New York. Ms. Garnett received her B.A. from the University of Notre Dame, her M.A. from Yale University, and her J.D. from Columbia University.
In making these selections, U.S. Attorney Damian Williams said: “I am pleased to appoint Andrea Griswold as Deputy United States Attorney. I have worked side-by-side with Andrea through our ascension in the Office, and know her to have the rare combination of not only being an exceptional prosecutor and litigator, but also possessing the exemplary judgement and leadership skills to help lead the most talented group of prosecutors in the country. Margaret Garnett is an extraordinary lawyer, public servant, and friend. She is brilliant, fair, kind, and wise. She has and will continue to exemplify the best of this Office.”
Three Members of ‘Straw-Purchasing’ Conspiracy Sentenced in Federal Court After Duo Illegally Purchased 17 Firearms on Behalf of Violent FelonRead the Press Release
INDIANAPOLIS- Alexandria Flick, 23, of Bloomington, Indiana, has been convicted of a felony and sentenced to 3 years of federal supervised probation after pleading guilty to making false statements in connection with the purchase of sixteen firearms. Flick is the third and final defendant to be sentenced in connection with this straw-purchasing conspiracy.
In December 2022, Ariel Campbell was sentenced to 10 months in federal prison after pleading guilty to making false statements in connection with the purchase of a firearm for a felon. In March 2022, Antoine Sutton was sentenced to 74 months in federal prison after pleading guilty to possession of a firearm by a convicted felon.
According to court documents, between October 2020 and February 2021, both Flick and Campbell purchased a total of 17 firearms on behalf of Sutton from American Arms, a federally licensed firearms dealer in Bloomington, Indiana.
Video surveillance footage from American Arms shows both Flick and Campbell entering the business with Sutton on different occasions. All three individuals are seen on camera looking at various firearms and accessories on multiple occasions. Sutton attempted to put money towards purchasing a rifle from American Arms and told the store employee that Campbell would pay the remaining balance and fill out the required ATF firearms purchase form.
Flick and Campbell would often accompany Sutton at American Arms, or they would communicate via text message about which firearms Sutton wanted purchased. Sutton then resold the straw purchased firearms via Snapchat.
When Flick and Campbell made the purchases, they falsely affirmed on federal firearms purchase documents that they were the actual buyer of the firearms, when in fact, they were purchasing them for Sutton.
A search of Campbell’s cellphone revealed text messages between her and Sutton, in which she asked what kind of ammunition she should buy and how much. While Campbell was physically in the American Arms store, Sutton sent her a screenshot of the specific gun he wanted from an online listing to which Campbell replied with a photo of the same gun in-store. Campbell also texted, “I’ll grab guns for you whenever, I really don’t care.”
On February 25, 2021, Flick drove Sutton to a location where Sutton sold a rifle, equipped with a high-capacity magazine and loaded with 26 rounds, to an individual for $700. Multiple firearms that Flick and Campbell purchased for Sutton have been recovered during criminal investigations in both Indiana and Chicago.
Sutton is prohibited from possessing firearms due to his previous felony convictions of dealing in cocaine, armed robbery, and unlawful possession of a weapon by a felon.
U.S. Attorney for the Southern District of Indiana, Zachary A. Myers and Daryl S. McCormick, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Columbus Field Division, and Michael Diekhoff, Chief of Bloomington Police Department made the announcement.
“People who illegally buy guns for criminals share responsibility for the violence afflicting our communities,” said Zachary A. Myers, U.S. Attorney for the Southern District of Indiana. “These illegal ‘straw purchases’ are a form of gun trafficking that fuels gun violence everywhere. Illegally armed criminals and those who put the guns in their hands must be identified and prosecuted. I commend the diligent work of the ATF and the Bloomington Police Department to dismantle this gun trafficking conspiracy and hold these criminals accountable.”
“I will echo U.S. Attorney Myers statement,” stated Daryl McCormick, Special Agent in Charge of ATF’s Columbus Field Division. “Those who divert firearms from lawful commerce into the hands of felons bear responsibility for the crime in our community, and we will continue to work with our partners to identify them and bring them to justice.”
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case with valuable assistance provided by the Bloomington Police Department. The sentence was imposed by U.S. District Court Judge Jane Magnus Stinson. Judge Stinson also ordered that Flick be supervised by the U.S. Probation Office for xx years following her release from federal prison.
U.S. Attorney Myers thanked Assistant United States Attorney Kelsey L. Massa, who prosecuted this case.
The U.S. Attorney’s Office for the Southern District of Indiana is part of the U.S. Department of Justice’s Chicago Gun Trafficking Strike Force and has prioritized investigation and prosecution of gun trafficking crimes. On July 22, 2021, the Department of Justice launched five cross-jurisdictional strike forces to help reduce gun violence by disrupting illegal firearms trafficking in key regions across the country. These gun trafficking strike forces are designed to ensure coordination across jurisdictions and help stem the supply of illegally trafficked firearms from source cities, through other communities, and into five key market regions: New York, Chicago, Los Angeles, the San Francisco Bay Area/Sacramento Region and Washington, D.C.
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Texas woman sent to prison for exporting pistols to MexicoRead the Press Release
McALLEN, Texas – A 33-year-old Spring resident has been ordered to prison for exporting firearms and ammunition, announced U.S. Attorney Alamdar S. Hamdani.
Brenda Belinda Barba pleaded guilty April 7, 2022.
Today, U.S. District Judge Micaela Alvarez ordered Barba to serve 36 months in federal prison to be immediately followed by three years of supervised release. At the hearing, the court heard additional evidence regarding WhatsApp messages Barba sent on the morning of her arrest negotiating the purchases and transport of the firearms. In handing down the sentence, the court noted how cartels use any and all types of firearms and all firearms pose a danger to the safety of all communities. Judge Alvarez also highlighted how Barba’s story about taking the firearms to her family’s ranch did not coincide with messages she sent describing her willingness to take as many and transport as often as needed.
At the time of her plea, Barba admitted to attempting to unlawfully exporting a Glock 9mm pistol, Glock .22 caliber pistol, four Glock pistol magazines and 550 rounds of various caliber ammunition.
On Nov. 29, 2021, Barba attempted to exit the United States at the Anzalduas Port of Entry. At that time, she told law enforcement she had nothing to declare, to include firearms and ammunition. However, upon inspection of the vehicle, authorities discovered two pistols, magazines and ammunition concealed in her handbag. She told agents that she had purchased the firearms at an Academy Sports and Outdoors store and was planning to take them to her family’s ranch in Mexico.
Barba was not a licensed gun exporter and did not have permission to export the guns to Mexico.
Barba was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorneys Lee Fry and Rick Blaylock prosecuted the case.
This case is being prosecuted as part of the joint federal, state and local Project Safe Neighborhoods (PSN) Program. In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old, evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
Ten-Time Felon Sentenced to 20 Years for Selling Heroin and Fentanyl and Possessing GunsRead the Press Release
NEW BERN, N.C. – A Fayetteville, North Carolina man who now has ten felony convictions was sentenced today to 240 months in prison for drug conspiracy charges involving heroin and fentanyl, possession with intent to distribute heroin, and possession of a firearm in furtherance of a drug trafficking offense. On October 4, 2022, Kennard Fisher pled guilty to the charges.
According to court documents and other information presented in court, in September 2019, the Cumberland County Sheriff’s Office determined that Fisher, 46, was distributing fentanyl and heroin from his home. Officers executed a search warrant at the home and found fentanyl, heroin, crack cocaine, three guns, including a Glock 17 9mm, and nearly $2,000 in cash. When officers arrested Fisher on federal charges in December 2020, they found more heroin, fentanyl, cocaine, and another gun in the same home. Fisher has nine prior state felony convictions, including six convictions for drug trafficking or firearms offenses.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Cumberland County Sheriff’s Office and Drug Enforcement Administration (DEA) investigated the case and Assistant U.S. Attorneys Caroline Webb and Nicholas Hartigan prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:20-CR-537.
Tallahassee Man Sentenced to 25 Years in Federal Prison for Possession of A Firearm by A Convicted FelonRead the Press Release
TALLAHASSEE, FLORIDA – Troy M. Hill, 43, of Tallahassee, Florida, was sentenced to 25 years in federal prison following his conviction on one count of possession of a firearm by a convicted felon. The sentence was announced by Jason R. Coody, United States Attorney for the Northern District of Florida.
“Our law enforcement partnerships play a vital role in fighting crime and protecting the public,” said U.S. Attorney Coody. “This sentence, of a habitual armed career criminal, is another example that working jointly with our partners continues to make our community safer.”
Hill was convicted by a federal jury in December 2022. Evidence introduced at trial revealed that on February 16, 2021, Hill was arrested by the Tallahassee Police Department and was found by the arresting officers to be in the possession of a firearm.
Hill was sentenced as an armed career criminal due to his numerous felony convictions for crimes of violence and serious drug offenses.
“Every day officers put their lives on the line to curb violent crime in our community,” said Tallahassee Police Chief Lawrence Revell. “This sentencing and the collaborative efforts of our law enforcement and judicial partners sends a message to the community that those who perpetrate crimes in our community will be held accountable. It also highlights the importance of joint programs like Project Safe Neighborhood which are vital in enhancing the safety of everyone in the community.”
Hill’s imprisonment will be followed by five years of supervised release.
“This is a great example of combining ATF’s expertise in federal firearm laws with the talent of the Tallahassee Police Department,” said Special Agent in Charge Kirk Howard, ATF Tampa Field Division. “Partnerships like this are the backbone of how we help keep communities safe.”
The case resulted from a joint investigation by the Bureau of Alcohol, Tobacco, and Firearms, and the Tallahassee Police Department. It was prosecuted by Assistant United States Attorney Meredith L. Steer.
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.
As part of its PSN strategy, the United States Attorney’s Office is encouraging everyone to lock their car doors, particularly at night. Burglaries from unlocked automobiles are a significant source of guns for criminals in the Northern District of Florida. Please do your part and protect yourself by locking your car doors.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office for the Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Superseding Indictment Charges Maryland Man with Wire Fraud, Identity Theft, and Drug-Related Counts, in Addition to Original Charges for COVID-19 Cares Act Unemployment Benefits Fraud and Illegal Possession of a FirearmRead the Press Release
Baltimore, Maryland – A federal grand jury returned a superseding indictment yesterday against Ryan E. Dales, age 34, of Baltimore, Maryland, that adds possession with intent to distribute fentanyl, possession of a firearm in furtherance of a drug trafficking activity, a fraud scheme and aggravated identity theft to the original charges of illegal possession of a firearm by a previously convicted felon and with wire fraud, relating to the submission of fraudulent applications for unemployment insurance (“UI”) benefits under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act.
The superseding indictment was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Acting Special Agent in Charge Troy W. Springer, of the National Capital Region, U.S. Department of Labor, Office of Inspector General (DOL-OIG).
The CARES Act, enacted in March 2020 to provide emergency financial assistance to Americans suffering from the economic effects caused by the COVID-19 pandemic, created the Pandemic Unemployment Assistance (PUA) program, which expanded states’ ability to provide UI for workers impacted by the COVID-19 pandemic, including workers who otherwise wouldn’t be eligible for UI benefits.
The eight-count superseding indictment alleges that beginning in December 2020 and continuing through about September 2021, Dales submitted applications for UI benefits that contained false statements, misrepresentations, and omissions related to his employment, his eligibility to received UI benefits, and his purported businesses, including their existence, operation, and profits. Dales allegedly submitted a fictitious tax form in support of his applications.
According to the superseding indictment, Dales illegally possessed a firearm on January 20, 2023. Also on January 20, 2023, Dales allegedly possessed with intent to distribute 40 grams or more of fentanyl, and the superseding indictment alleges that Dales possessed a second firearm—a Polymer 80 9mm firearm without a serial number, commonly known as a “ghost gun”—in furtherance of his drug trafficking.
Finally, the superseding indictment alleges that from August 2022 until September 2022, Dales defrauded business and financial institutions, using the personal identifying information of identity theft victims, to obtain merchandise for his personal benefit and for the benefit of his associates. Specifically, as detailed in the superseding indictment, Dales obtained forged and counterfeit South Carolina driver’s licenses, each bearing Dales’ photograph, but the name and identifying information of three identity theft victims. Dales, and others working with Dales, submitted fraudulent applications for lines of credit using the names and personal information of the identity theft victims. Once the lines of credit were approved, Dales allegedly purchased a high-end lawn mower from each of three victim businesses, in the names of the three identity-theft victims, for a total of $44,137.70. For each purchase, Dales presented the victim business with the counterfeit South Carolina driver’s license in the same name as the victim on the line of credit used to make the purchase, but which had Dales’s photo on it. Dales allegedly made no payments in connection with the line of credit accounts established in the names of the three victims and each account still has an outstanding balance.
More information on the allegations against Dales may be found here.
If convicted, Dales faces a maximum sentence of 20 years in federal prison for being a felon in possession of a firearm; a mandatory minimum of five years and up to 40 years in federal prison for possession with intent to distribute 40 grams or more of fentanyl; a mandatory minimum sentence of five years, consecutive to any other sentence imposed, and up to life in federal prison for possession of a firearm in furtherance of drug trafficking; a maximum of 20 years in federal prison for each of four counts of wire fraud; and a mandatory two years in federal prison, consecutive to any other sentence imposed, for aggravated identity theft. 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. No initial appearance is currently scheduled. Dales remains detained.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
The District of Maryland COVID-19 Fraud Strike Force is one of three strike forces established by U.S. Attorney General Merrick B. Garland and the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.
For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
United States Attorney Erek L. Barron commended the FBI and DOL-OIG for their work in the investigation. United States Attorney Barron and Assistant U.S. Attorney Paul A. Riley are prosecuting the case. Mr. Barron also recognized the assistance of the Maryland COVID-19 Strike Force Paralegal Specialist Joanna B.N. Huber.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.
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St. Louis County Man Accused of Carjacking in St. LouisRead the Press Release
ST. LOUIS – A St. Louis County, Missouri teen was indicted Wednesday and accused of being captured on video carjacking a Mazda 3 in St. Louis earlier this month.
A grand jury in U.S. District Court in St. Louis indicted Ahdaejay Britton, 18, of Bel-Ridge, on one felony count of carjacking and one count of possession and brandishing a firearm in furtherance of a crime of violence.
A motion seeking to have Britton held in jail until trial says that in a “brazen attack” at about 1:30 p.m. on May 8, Britton approached the victim as he was walking out of a parking garage in the 3800 block of Lindell Boulevard. Britton pointed a handgun at the victim, pulled him back into the stairwell and then threw the victim to the ground, the motion says. After taking the victim's car keys and handing them to a juvenile, Britton stuck his gun in the victim’s face and reached into his pocket to steal his wallet and iPhone.
The carjacking was captured on surveillance video, and Britton was caught by police with the stolen vehicle, the stolen iPhone and a gun less than an hour after the carjacking, the detention motion says.
The carjacking charge carries a penalty of up to 15 years in prison, a $250,000 fine or both. The firearm charge carries a mandatory minimum sentence of seven years, consecutive to all other charges, and a maximum of life in prison.
Charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The case was investigated by the St. Louis Metropolitan Police Department and the St. Louis County Police Department. Assistant U.S. Attorney Matthew Martin is prosecuting the case.
St. Joseph Woman Pleads Guilty to Using Prison Inmates in Covid Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – A St. Joseph, Mo., woman pleaded guilty in federal court today to using the stolen identities of prison inmates to fraudulently obtain federal unemployment benefits under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Brooke Stewart, 38, pleaded guilty before U.S. District Judge Brian C. Wimes to one count of stealing government property.
By pleading guilty today, Stewart admitted that she facilitated the filing of false claims for unemployment benefits by using the stolen identity information of five individuals who were incarcerated in state or federal prison and therefore not eligible to receive Missouri and enhanced unemployment benefits. Stewart also fraudulently received federal unemployment benefits in her own name and another person.
As a result of her fraud scheme, Stewart stole at least $139,663 in benefits under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which provided additional federal pandemic unemployment compensation to eligible individuals receiving other unemployment benefits under state laws.
None of the inmates whose identity information was stolen actually received any of the fraudulently obtained benefits. Among those individuals whose stolen identity information was used to obtain benefits from May 2020 to June 2021 were federal defendants Garland Nelson and Brooke Beckley. Nelson is serving a 32-year federal prison sentence for a cattle fraud scheme that led to two murders in Braymer, Mo., and for illegally possessing a firearm, as well as two life sentences in a separate state case for the murders. Beckley is serving a 40-year prison sentence for her role in the murder of a Mexican national who was executed to help her avoid paying a debt owed in a drug-trafficking conspiracy in the Springfield, Mo., area.
Under federal statutes, Stewart is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Paul S. Becker. It was investigated by the Department of Homeland Security, Office of Inspector General and the Department of Labor, Office of Inspector General – Office of Investigations & Labor Racketeering Fraud.
Spokane Fentanyl and Methamphetamine Distributor Sentenced to 235 Months in Federal PrisonRead the Press Release
SPOKANE, WASHINGTON – Yesterday, May 17, 2023, U.S. District Judge Thomas O. Rice sentenced Jerami W. Jones, 43, of Spokane, Washington, to 235 months in federal prison for possession with intent to distribute methamphetamine and fentanyl and for the illegal possession of multiple firearms. District Judge Rice also ordered Jones to serve five years on federal supervision after he is released from prison.
According to court documents, law enforcement officers assigned to the Federal Bureau of
Investigation Spokane Regional Safe Streets Task Force obtained a search warrant to search property connected with Jones. At the time of the search, Jones was serving a term of community custody in
Washington state court. Around this time, Jones’s supervising probation officer made arrangements to meet with Jones. Upon Jones’s arrival, members of the Safe Streets Task Force detained Jones and conducted a search of his person and vehicle. While searching Jones’s vehicle, the law enforcement team located approximately 2,200 fentanyl-laced pills and four ounces of heroin.At the same time as the search of Jones’s person, other law enforcement officers executed a search warrant of Jones’s residence and separate trailer. There, law enforcement located approximately two pounds of methamphetamine, 7,000 fentanyl pills, and eight firearms. Three of the firearms had previously been reported as stolen. Law enforcement officers also recovered more than $21,000 in
U.S. currency.United States Attorney Vanessa R. Waldref, the chief law enforcement officer for the Eastern District of Washington, stated, “Today’s significant sentence demonstrates the breadth and seriousness of
Mr. Jones’s drug trafficking activities. I’m grateful for our incredible law enforcement team, who devote their lives to protecting our community. I commend our Safe Streets Task Force whose work combatting organized crime and removing illegal drugs and stolen firearms strengthens our communities.”“Traffickers like Mr. Jones bring drugs into our towns and cities with no regard to the damage they do to the citizens who live there.” said Richard A. Collodi, Special Agent in Charge of the FBI’s
Seattle field office. “These are the same citizens the FBI and our partners are sworn to protect. Mr.
Jones’s nearly twenty-year sentence demonstrates the serious consequences of distributing these poisons into our communities and the repercussions of his continued criminal activity while serving on state probation.”This case was prosecuted under the Project Safe Neighborhoods (PSN) program. PSN is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The U.S. Attorney’s Office is partnering with federal, state, local, and tribal law enforcement to specifically identify the criminals responsible for violent crime in the Eastern Spokane Police Department.
This case was prosecuted by Patrick J. Cashman and Stephanie Van Marter, Assistant United States Attorneys for the Eastern District of Washington.
2:21-cr-00148-TOR
Slingerlands Man Charged with Aggravated Sexual Abuse of a ChildRead the Press Release
ALBANY, NEW YORK – Daniel Fuino, age 73, of Slingerlands, New York, was arrested yesterday and charged with one count of aggravated sexual abuse of a child less than 12 years old.
United States Attorney Carla B. Freedman; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Steven A. Nigrelli, Acting Superintendent of the New York State Police, made the announcement.
Fuino appeared today in Albany before United States Magistrate Judge Daniel J. Stewart and was ordered detained after reserving his right to seek a detention hearing at a later date.
According to a criminal complaint and statements made by prosecutors in court today, Fuino repeatedly molested a child. Fuino babysat the child at his home and brought her with him to Atlantic City, New Jersey, on weekends while the child’s mother worked. The complaint alleges that during those stays, Fuino photographed the child’s genitals, digitally penetrated her, and forced the girl to perform oral sex on him. The conduct is alleged to have occurred over the past 11 months, beginning when the child was 6 years old. Law enforcement has recovered, from Fuino’s electronic devices, images of the victim on depicting some of the abuse. The victim reported the abuse to her school last week after an elementary school presentation on inappropriate touching and sexual contact. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
The charge filed against Fuino carries a sentence of at least 30 years and up to life in prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case is being investigated by the FBI Albany’s Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies, including the Colonie Police Department, Rotterdam Police Department, Saratoga County Sheriff’s Office, and the New York State Police. Assistant United States Attorney Benjamin S. Clark is prosecuting this case as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Richmond County Man Sentenced to over 12 Years for ArsonRead the Press Release
GREENSBORO, N.C. - A Richmond County resident was sentenced on May 18, 2023, in federal court in Winston-Salem, North Carolina, for maliciously damaging and destroying by means of fire or an explosive a building used in interstate or foreign commerce, specifically rental property located at 199 Dixieland Drive, Rockingham, North Carolina, announced United States Attorney Sandra J. Hairston of the Middle District of North Carolina. COREY LAMONT CARTER, age 45, was convicted after his guilty plea on October 3, 2022.
On January 24, 2022, at approximately 1:37 p.m., Richmond County Deputy Sheriffs responded to a reported structure fire at 199 Dixieland Drive in Rockingham. Upon arrival the building (a residence) was fully engulfed in flames. The home’s occupant told deputies that her boyfriend, COREY LAMONT CARTER, had set the residence on fire. The occupant said that she and her son made it out of the home safely. The occupant told deputies that she and CARTER had an argument and she walked outside to call police. She then noted, after turning back towards the residence, that it was on fire. CARTER then fled the scene.
A short time later a resident of the Maner Road section of Rockingham reported to deputies that she saw a man matching the description of CARTER running north on U.S. 1 carrying a gas can. The caller told deputies that he then ran to an abandoned two-story white house near the wood line. As deputies approached the front door to the home, the door slowly opened and CARTER walked out of the home with his hands up. Deputies detained CARTER and confirmed his identity. As he was being escorted to a patrol vehicle CARTER spontaneously stated, “I know what ya’ll looking for, the gas can it’s in the house.” CARTER was then placed under arrest. Incident to arrest deputies located two books of matches and a lighter in CARTER’s left front pocket. Deputies also recovered the gas can from inside the abandoned home. In a post-Miranda statement, CARTER admitted to having set the fire at 199 Dixieland Drive. The residence was being used as rental property at the time of the fire with a tenant living in the home, and the fire resulted in a complete loss, including contents.
The North Carolina State Bureau of Investigation processed the fire scene. After careful consideration of the evidence at the scene and information provided by witnesses, agents formed the opinion that this fire was ignited when a person, presumably CARTER, poured an unknown ignitable liquid on the floor in the bedroom located at the end of the hallway and up the hallway to the kitchen, and then introduced an open flame through a lighter, match, or similar device which ignited the vapors. The fire then spread through the available combustibles inside the house. The fire was classified as incendiary in nature.
Chief United States District Judge Thomas D. Schroeder sentenced CARTER to 151 months in federal prison. In addition to the prison time, CARTER was ordered to serve a three-year term of supervised release, pay restitution of $11,500, and to pay a special assessment of $100.00.
The case was investigated by the Richmond County Sheriff’s Office and the North Carolina State Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Clifton T. Barrett.
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Readout of Justice Department Leadership’s Meeting with Civil Rights Groups to Discuss Key IssuesRead the Press Release
Attorney General Merrick B. Garland, Deputy Attorney General Lisa O. Monaco, Associate Attorney General Vanita Gupta, and Assistant Attorney General Kristen Clarke of the Civil Rights Division met with civil rights organizations yesterday at the Justice Department.
Department leadership heard from attending organizations on an array of topics including hate crimes and reporting, educational equity, voting rights, implementation of Executive Order 14074 on policing and criminal justice issues, and reproductive rights.
Some of the Department’s recent work on critical issues includes publishing a Dear Colleague letter on the imposition and enforcement of fines and fees on adults and youth by state and local courts and juvenile justice agencies and the release of a comprehensive strategy to strengthen the safety of our communities while advancing thoughtful, evidence-informed initiatives and reforms throughout the criminal justice system, as put forth in the Department's Strategic Plan.
The meeting comes in advance of the three-year anniversary of the murder of George Floyd and the one-year anniversary of the May 2022 Executive Order on Advancing Effective, Accountable Policing, and Criminal Justice Practices to Enhance Public Trust and Public Safety.
Department leadership pledged to continue robust civil rights enforcement in line with the Attorney General’s commitment to a department-wide approach to civil rights and to thoughtfully engaging communities on the issues that impact them.
Pennsylvania Woman Sentenced to Imprisonment for Passport FraudRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Samirah Boksmati, 34, was sentenced to three months’ imprisonment, three years of supervised release, and a $700 assessment by United States District Judge R. Barclay Surrick for four counts of making false statements in a passport application and three counts of using a passport secured by false statements.
Boksmati made multiple false representations to the U.S. State Department to secure United States passports for herself and her children and then used those passports obtained by fraud to travel abroad with two of her minor children. Boksmati acted with the intent to take all three of her children out of the United States, despite a family court order prohibiting her from taking her eldest child out of the country.
“Border and identification security are critically important to national security,” said U.S. Attorney Romero. “Obtaining a United States passport by fraud will not be tolerated, especially when that fraud is perpetrated in order to take a child out of the country in violation of a family court order. This sentence demonstrates that there are consequences to abusing the passport application process.”
“One of the core missions of Diplomatic Security Service (DSS) is to protect the integrity of U.S. travel documents, which includes preventing the fraudulent acquisition and use of U.S. passports to facilitate parental child abductions,” Resident Agent in Charge R. Mike Escott of the U.S. Department of State's Diplomatic Security Service Philadelphia Resident Office. “DSS is grateful for today’s outcome and for the close partnership and support of the FBI and the U.S. Attorney’s Office.”
The case was investigated by the U.S. Department of State - Diplomatic Security Service and is being prosecuted by Assistant United States Attorney Josh A. Davison.
Ohio man sentenced to 15 years for methamphetamine traffickingRead the Press Release
WHEELING, WEST VIRGINIA – An Akron, Ohio, man was sentenced today to 188 months in prison for transporting hundreds of grams of crystal meth to be sold in Hancock County.
William E. Maddox, Jr., 53, pled guilty in January to possession with intent to deliver methamphetamine. Maddox was traveling from Akron to the Weirton area, transporting hundreds of grams of methamphetamine, also known as “crystal meth” or “ice.” During a traffic stop, officers found more than 200 grams of ice, along with nearly 500 grams of marijuana, inside the vehicle.
The Hancock-Brooke-Weirton Drug Task Force, a HIDTA-funded initiative, investigated.
Assistant U.S. Attorney Shawn Adkins prosecuted the case on behalf of the government.
U.S. District Judge John Preston Bailey presided.
New York Construction Company Owner Pleads Guilty to Filing False ReturnRead the Press Release
A New York man pleaded guilty today to filing a false corporate tax return for his construction business.
According to court documents and statements made in court, Pawel A. Bartoszek of Lake Grove, New York, owned and operated a construction company, Mega State Inc. From 2015 through 2017, Bartoszek cashed checks he received from Mega State clients for services rendered rather than deposit them in the company’s bank account. As a result, Bartoszek concealed approximately $6.1 million in business income from his tax return preparer and caused the tax returns for Mega State submitted to the IRS to falsely understate its gross income.
Bartoszek is scheduled to be sentenced on Sept. 26, and faces a maximum penalty of three years in prison. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Breon Peace for the Eastern District of New York made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Ann M. Cherry and Catriona Coppler of the Justice Department’s Tax Division are prosecuting the case.
New Jersey Man Charged with Gunpoint Robbery of Manhattan Electronics StoreRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), and John B. DeVito, the Special Agent in Charge of the New York Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), announced the arrest of IGGAL COPELAND for robbing at gunpoint an electronics store in Manhattan while a 74-year-old store employee was opening for business. COPELAND was arrested this morning and will be presented today before Chief U.S. Magistrate Judge James L. Cott.
U.S. Attorney Damian Williams said: “The defendant’s alleged conduct was violent and callous. He and another suspect allegedly forced their way into an electronics store disguised as FedEx workers, held a gun to an elderly store employee’s head, hit the employee in the back of the head with the gun, and threatened that if the employee did not open a safe within the store, they would harm the employee’s young granddaughter while on her way to school. This Office will continue to aggressively prosecute those who commit violent robberies and terrorize hardworking New Yorkers.”
NYPD Commissioner Keechant L. Sewell said: “This arrest by the ATF/NYPD SPARTA Join Robbery Task Force is another example of New York City’s strong law enforcement partnerships combatting violent crime and holding accountable anyone who endangers people in our communities. We vow to remain relentless in identifying and investigating anyone who wields an illegal gun on our streets. Due to the efforts of our investigators and the prosecutors at the U.S. Attorney’s Office for the Southern District, this defendant now faces the prospect of significant federal prison time.”
ATF Special Agent in Charge John B. DeVito said: “This allegedly brazen and horrendous crime against anyone, let alone a hardworking New York family, is both atrocious and unacceptable within our society. The men and women of ATF NY’s SPARTA (Strategic Pattern Armed Robbery Technical Apprehension) group will continue to work with our partners at the NYPD Manhattan Robbery Squad to protect the public from those who terrorize our communities. Swift investigative follow up and this arrest highlight the indispensable work of our collaborative effort to identify and stop violent criminals on the streets of New York.”
According to the allegations contained in the Complaint and court filings:[[1]]
On or about April 21, 2023, COPELAND and another individual (“CC-1”) robbed at gunpoint (the “Robbery”) an electronics store in New York, New York (the “Store”). COPELAND and CC-1 drove to the Robbery using a vehicle with stolen plates that was abandoned in Brooklyn after the Robbery. To gain access to the Store, COPELAND and CC-1 disguised themselves as FedEx employees while a 74-year-old store employee (“Victim-1”) was opening the Store for business in the morning. The FedEx uniforms the defendant wore are pictured below:
COPELAND and CC-1 forced Victim-1 to a back room and attempted to gain access to a safe. While CC-1 held a gun to Victim-1’s head, COPELAND said, “Stop yelling” and “Open the door [to the safe] . . . do you want your granddaughter [to overhear] when she comes down for school.” COPELAND then said, “I’m about to kill his grandbaby . . . he’s fuckin’ playing games.”
After attempting unsuccessfully to gain access to the safe, COPELAND and CC-1 took approximately $1,500 from Victim-1. They then ran to the front of the Store and CC-1 pushed the 73-year-old female employee of the Store (“Victim-2”) to the ground. Two individuals outside of the Store heard screams coming from Victim-2 inside the Store, intervened to stop the Robbery, and unsuccessfully attempted to stop COPELAND and CC-1 from fleeing the scene.
* * *
COPELAND, 46, of Union City, New Jersey, is charged with one count of conspiracy to commit Hobbs Act robbery and one count of Hobbs Act robbery, which each carry a maximum sentence of 20 years in prison, and one count of using and brandishing a firearm in the commission of a crime of violence, which carries a mandatory minimum sentence of seven years in prison and a maximum sentence of life in prison.
The mandatory minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the ATF and NYPD, in particular, the Strategic Patterned Armed Robbery Technical Apprehension (“SPARTA”) Task Force, which is composed of agents and officers of the ATF and the NYPD.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Jeffrey W. Coyle is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Moses Lake Man Sentenced to 140 Months in Federal Prison for Conspiracy to Distribute MethamphetamineRead the Press Release
Spokane, Washington – On May 17, 2023, U.S. District Judge Thomas O. Rice sentenced Irbin Martinez-Santacruz, 30, of Moses Lake, Washington, to 140 months in federal prison for conspiracy to distribute methamphetamine. District Judge Rice also ordered Martinez-Santacruz to serve five years on federal supervision after he is released from prison.
According to court documents, Martinez-Santacruz, a documented gang member, conspired with other gang members to engage in the distribution of methamphetamine to an undercover agent for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In April 2020, ATF agents initiated an investigation into the illegal activities of the Lil Valley Lokotes, which is a criminal street gang associated with the Surenos. During the investigation, ATF learned that Martinez-Santacruz’s codefendant, Mario Crittenden, was selling large quantities of methamphetamine, which had been supplied by another member of the Lil Valley Lokotes. The agents also learned that several members of the Lil Valley Lokotes were suspected of participating in shooting incidents in the Moses Lake area. During a year-long investigation, Martinez-Santacruz was identified as one of Crittenden’s co-conspirators. Martinez-Santacruz also distributed methamphetamine to the undercover agent on three occasions in the Moses Lake area.
In imposing yesterday’s sentence, District Judge Rice expressed that this was not a single mistake and highlighted the significant nature and seriousness of the conspiracy as well as Martinez-Santacruz’s significant criminal history and role in the offense. District Judge Rice had previously sentenced Mario Crittenden to 132 months imprisonment following his plea of guilty to conspiracy to distribute methamphetamine. Another co-defendant, Cody Flores, previously was sentenced to 140 months of imprisonment following his plea of guilty to conspiracy to distribute methamphetamine. Five other co-defendants’ cases remain pending.
United States Attorney Vanessa R. Waldref commended the joint efforts of law enforcement for the careful investigation and close-working relationship with the U.S. Attorney’s Office: “As a result of the ATF investigation into the Lil Valley Loketes, which are affiliated with the Surenos, our community is a safer place. This organization was responsible for a number of shooting incidents in and around the Moses Lake area. I’m grateful for the excellent work our federal, state, and local law enforcement partners, as well as that of AUSA Pat Cashman, who worked together to bring Mr. Martinez-Santacruz to justice.”
“Today’s sentence demonstrates that criminal activities like these will not be tolerated,” said ATF Seattle Field Division Special Agent in Charge Jonathan T. McPherson. “When you poison our communities, ATF and our law enforcement partners will be there to stop you.”
This case was prosecuted under the Project Safe Neighborhoods (PSN) program. PSN is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The U.S. Attorney’s Office is partnering with federal, state, local, and tribal law enforcement to specifically identify the criminals responsible for violent crime in the Eastern District of Washington and pursue criminal prosecution.
This case was investigated by the Spokane Resident Agency of the ATF, the FBI Spokane Regional Safe Streets Task Force, Moses Lake Police Department, and Grant County Interagency Narcotics Enforcement Team. This case was prosecuted by Patrick J. Cashman, Assistant United States Attorney for the Eastern District of Washington.
2:21-cr-00043-TOR
Missouri Couple Sentenced for Unlawfully Obtaining COVID-19 Jobless BenefitsRead the Press Release
CHARLESTON, W.Va. – A St. Charles, Missouri husband and wife were each sentenced to five years of federal probation today after unlawfully obtaining $26,917 in unemployment benefits provided for by the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Pandemic Unemployment Assistance (PUA) program.
The CARES Act provided for a temporary emergency increase in unemployment compensation benefits, referred to as the Federal Pandemic Unemployment Compensation Program (FPUC). The CARES Act also created the PUA program, which provided unemployment benefits to individuals not eligible for regular unemployment compensation or extended unemployment benefits. The FPUC and PUA programs are collectively referred to as pandemic unemployment benefits and even though these benefits are administered by the states, they are funded in part by the federal government.
According to court documents and statements made in court, Robert Notgrass, 51, and Rhonda Notgrass, 46, lived in Washington, West Virginia, when Robert Notgrass was employed as a pastor of a local church from before January 1, 2018, until he was released from that position on June 1, 2020.
On August 15, 2020, Rhonda Notgrass applied for pandemic unemployment benefits with WorkForce West Virginia, the agency that administers the pandemic unemployment benefits for West Virginians. Rhonda Notgrass falsely claimed that she was unemployed as a direct result of a pandemic or major disaster. Robert Notgrass helped his wife complete the application and submitted a letter on her behalf in furtherance of the false claim.
On September 16, 2020, Rhonda Notgrass received approximately $14,150 in pandemic unemployment benefits payment from WorkForce West Virginia. The payment included federal monies from the CARES Act. Rhonda Notgrass admitted that she knew she was not entitled to receive the pandemic unemployment benefits. Rhonda Notgrass pleaded guilty to theft of government property.
Robert Notgrass admitted to wrongly receiving $12,767 in pandemic unemployment benefits. Robert Notgrass pleaded guilty to aiding and abetting the theft of government property.
The couple has fully paid the $26,917 in court-ordered restitution.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Labor - Office of Inspector General (OIG) and WorkForce West Virginia.
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Erik S. Goes and Kathleen Robeson prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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 Nos. 2:23-cr-16 and 2:23-cr-17.
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Mississippi Man Sentenced to 63 Months in Prison for Attempting to Transfer Obscene Material to a MinorRead the Press Release
NEW ORLEANS – COLBI TRENT DEFIORE, age 30, of Carriere, Mississippi, was sentenced on May 17, 2023 by United States District Judge Sarah S. Vance to 63 months in prison after previously pleading guilty to attempting to transfer obscene matter to a minor, in violation of Title 18, United States Code, Section 1470, announced U.S. Attorney Duane A. Evans. Judge Vance ordered that DEFIORE’S sentence run consecutively to any sentence imposed by another section of court based on DEFIORE’S violation of his supervised release in United States v. Defiore, Case No. 19-230 (E.D. La.). Additionally, Judge Vance ordered DEFIORE to serve three years of supervised release following his prison term and pay a $100 mandatory special assessment fee. DEFIORE will also be required to register as a sex offender.
According to court documents, DEFIORE was an adult male resident of Carriere, Mississippi who was released on August 19, 2022 from a federal correctional institution upon completion of his sentence in an unrelated matter. Only days after his release, DEFIORE acquired a cellular phone and posted on a social media application that he desired a young girl. Undercover FBI agents saw the post, pretended to be a fourteen-year-old female (“Minor”), and began corresponding with DEFIORE. During the correspondence on August 24, 2022, and August 25, 2022, DEFIORE provided additional factual details about himself, including his age, location, and recent release from prison. He also expressed an interest in engaging in sexual activity with Minor at her location in Slidell, Louisiana. DEFIORE told Minor that he was attempting to obtain transportation to Slidell and provided Minor with directions to his location. He then encouraged her to travel to his location so they could engage in sexual activity. Further investigation revealed that, between about August 24, 2022, and August 25, 2022, DEFIORE sent the same or similar pictures to approximately four other individuals he believed to be minors under the age of sixteen (16) years old.
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.”
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in this matter. Assistant United States Attorney Jordan Ginsberg, Chief of the Public Integrity Unit, is in charge of the prosecution.
Minden Woman Convicted for Misuse of a Social Security NumberRead the Press Release
United States Attorney Steven Russell announced that Gabriela Navarrete, 44, of Minden, Nebraska, was sentenced today in Lincoln, Nebraska, by Senior United States District Judge John M. Gerrard for misuse of a social security number. Navarrete was sentenced to time served and will serve 3 years on supervised release. There is no parole in the federal system.
On November 16, 2017, Gabriela Navarrete filled out and signed a Form I-9 in order to begin employment at Casey’s General Store in Nebraska. On the Form I-9, she filled in the blanks for “U.S. Social Security Number” with a social security number that did not belong to her. As verification of the information provided on the Form I-9, Navarrete provided a Social Security Card bearing her name and the specific social security number (SSN).
Navarrete knew that SSN had not been assigned to her by the Commissioner of Social Security. She provided that SSN with the intention to deceive Casey’s General Store into believing that number was assigned to her. Navarrete made that false representation to satisfy Section 274A(b) of the Immigration and Nationality Act.
This case was investigated by Homeland Security Investigations.
Michigan Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. Kelvin Bradley, 48, of Michigan, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on December 19, 2020, a law enforcement officer conducted a traffic stop of a vehicle on Washington Street in Charleston. Bradley was a passenger in that vehicle, and admitted that he possessed a Colt, .38 Special revolver that was found in the vehicle.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Bradley knew he was prohibited from possessing a firearm because of his prior felony conviction for aggravated stalking in the Third Judicial Circuit, Wayne County, Michigan, on September 3, 2002.
Bradley is scheduled to be sentenced on September 14, 2023, and faces a maximum penalty of 10 years in prison, three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorneys Nowles Heinrich and Negar Kordestani are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-98.
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Mexican National Indicted for Meth Conspiracy, Illegal FirearmsRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man has been indicted by a federal grand jury for his role in a conspiracy to distribute more than 60 kilograms of methamphetamine and for illegally possessing firearms.
Juan Hernandez-Guzman, 30, a citizen of Mexico, was charged in a four-count indictment returned by a federal grand jury in Kansas City, Mo., on Wednesday, May 17. The indictment replaces a criminal complaint that was filed against Hernandez-Guzman on April 24, 2023, and includes additional counts.
The federal indictment alleges that Hernandez-Guzman participated in a conspiracy to distribute methamphetamine in Jackson County, Mo., from April 10 to April 23, 2023.
According to an affidavit filed in support of the original criminal complaint, police officers executed a search warrant at Hernandez-Guzman’s residence on April 22, 2023. Officers found a loaded Glock .357-caliber handgun, which had been modified so that it was capable of firing automatically, and a loaded Glock 9mm handgun. Each of the handguns had an extended magazine loaded with 27 rounds of ammunition. Officers also seized a quantity of cash and several cell phones.
Officers also found 10.9 kilograms of methamphetamine inside a cardboard box in the back seat of a dark blue Tahoe, which Hernandez-Guzman was seen driving on several occasions. The vehicle also contained several handgun magazines and a quantity of cash.
The federal indictment also charges Hernandez-Guzman with one count of possessing methamphetamine with the intent to distribute, one count of possessing a machine gun in furtherance of a drug-trafficking crime, and one count of possessing a firearm in furtherance of a drug-trafficking crime.
The indictment also contains a forfeiture allegation, which would require Hernandez-Guzman to forfeit to the government any property obtained from the proceeds of the alleged violations, including $13,048 that was seized by law enforcement officers during the execution of the search warrant, as well as a money judgment of $634,800, which was obtained as a result of the drug-trafficking conspiracy and involved the distribution of more than 60 kilograms of methamphetamine with an average street price of $300 per ounce.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Byron H. Black. It was investigated by Homeland Security Investigations, the Jackson County Drug Task Force, the Kansas City, Mo., Police Department, and the Independence, Mo., Police Department.
KC Metro Strike Force
This prosecution was brought as a part of the Department of Justice’s Organized Crime Drug Enforcement Task Forces (OCDETF) Co-located Strike Forces Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations against a continuum of priority targets and their affiliate illicit financial networks. These prosecutor-led co-located Strike Forces capitalize on the synergy created through the long-term relationships that can be forged by agents, analysts, and prosecutors who remain together over time, and they epitomize the model that has proven most effective in combating organized crime. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
Madison Man Sentenced to 8 Years for Fentanyl TraffickingRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Roland J. Scott III, 21, Madison, Wisconsin, was sentenced today by U.S. District Judge William M. Conley to 8 years in federal prison for possessing with intent to distribute 40 grams or more of fentanyl and maintaining a drug trafficking place. The prison term will be followed by 5 years of supervised release. Scott pleaded guilty to these charges on February 24, 2023.
Between September 15 and October 5, 2021, Scott sold heroin and fentanyl to an undercover officer in Madison on four separate occasions. On October 7, 2021, law enforcement searched his residence and found 110 grams of fentanyl packaged in individual baggies, ready for sale, and over $10,000 in cash. Scott was arrested during the search, and later charged in state court and released on bond. At the time of his arrest, he was on bond in eight different state cases.
Several months later, on June 30, 2022, Scott and two passengers were driving in a stolen car in Madison when they crashed into a truck with a trailer. Scott and his passengers battered the two individuals inside the pickup truck. While fleeing the scene, Scott and his passengers drove past the truck and one of them fired a shot at the victims.
The car crashed a few miles down the road and Scott was arrested shortly thereafter. He was found in possession of 657 grams of fentanyl mixed with heroin, over $9,000 in cash, and a Glock 9mm handgun. At this point, Scott was on bond for ten state cases.
At sentencing, Judge Conley explained that Scott was a danger to society given the large quantity of fentanyl he was trafficking and for possessing a loaded handgun while drug dealing. He said that the decisions Scott has made and continue to make have been disastrous.
The charges against Scott were the result of an investigation conducted by the Madison Police Department, the Dane County Narcotics Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Dane County District Attorney’s Office also provided assistance in the case. Assistant U.S. Attorneys Steven P. Anderson and Kathryn E. Ginsberg prosecuted this 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.
Louisville Man Sentenced to over 17 Years in Federal Prison for Methamphetamine and Fentanyl TraffickingRead the Press Release
Louisville, KY – A Louisville man was sentenced today for methamphetamine and fentanyl trafficking.
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 Jacquelyn Gwinn-Villaroel of the Louisville Metro Police Department made the announcement.
According to court documents, Charles Bethel, 45, was sentenced to 17 years and 6 months in prison, followed by a 7-year term of supervised release, for possessing with the intent to distribute over 500 grams of a methamphetamine mixture and over 40 grams of a fentanyl mixture. There is no parole in the federal system.
The case was investigated by the ATF and the Louisville Metro Police Department, with assistance from the Evansville Resident Office of the Drug Enforcement Administration and the Louisville Metro Department of Corrections.
Assistant U.S. Attorney Frank Dahl prosecuted the case.
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Levittown, Pennsylvania Physician Agrees to Pay $100,000 to Resolve Controlled Substances Act ViolationsRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Douglas Daniel Files, D.O., has agreed to pay $100,000 to resolve allegations that he violated the Controlled Substances Act (CSA) by failing to maintain complete and accurate records of a controlled substance (testosterone), failing to keep required receipt and dispensing records, failing to perform biennial inventories, and writing prescriptions “for stock.”
The United States’ investigation involved Files’ practice located at 2346 Trenton Road, Levittown, Pennsylvania 19056.
As part of the settlement, Files has entered into a three-year Memorandum of Agreement (MOA) with the Drug Enforcement Administration (DEA), which includes additional responsibilities regarding the handling of controlled substances. The MOA imposes compliance obligations significantly more stringent than those in the applicable laws and regulations.
Files prescribes and administers testosterone, a Schedule IIIN controlled substance. In April 2022, DEA investigators discovered that Files allegedly failed to conduct a biennial inventory, failed to maintain records for receipt and dispensing of the controlled substance, and was prescribing controlled substances “for stock” – all in violation of applicable regulations and statutes.
The DEA diversion investigators obtained records of Files’ prescriptions “for stock” from a local retail pharmacy. Physicians are prohibited from obtaining controlled substances for the purpose of general dispensing to patients; they must comply with the requirements for a valid prescription, including the date, patient’s name and address, drug name and strength, dosage form, quantity prescribed, directions for use, and the physician/registrant’s name, address, and registration number. The prescription requirement is one of the ways in which controlled substances are tracked to prevent diversion and abuse.
“Physicians who fail to maintain proper records of controlled substances create conditions ripe for diversion, or, at worst, may be engaging in diversion itself,” said U.S. Attorney Romero. “Physicians and pharmacists have a responsibility to ensure that all controlled substances are tracked through the distribution chain. Our Office is committed to ensuring total compliance with the Controlled Substances Act and we will vigorously enforce violations wherever we find them.”
“Dr. Files’ ordering of prescription medicines for stock is not permissible under the regulations of the Controlled Substances Act,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s Philadelphia Field Division. “Settlements and Memorandum of Agreements such as these help to ensure that physicians properly safeguard, dispense, and account for the controlled substances in their care.”
Congress enacted the CSA to deter the illegal importation, manufacture, distribution, possession, and improper use of controlled substances, including prescription medications, and requires individuals and entities registered with the DEA to maintain complete and accurate records of all controlled substances and security systems so that controlled substances are not lost, stolen, or inappropriately dispensed.
The government’s pursuit of this matter illustrates its emphasis on combating diversion of controlled substances. The record keeping and other regulations applicable to DEA registrants, including physicians, are the tools by which the DEA deters drug diversion.
The investigation was conducted by the Drug Enforcement Administration’s Philadelphia Field Division, Diversion Regulatory Group 2 (D72), and the investigation and settlement were handled by Assistant U.S. Attorney Viveca D. Parker, with DEA Diversion Investigators.
The claims resolved by this settlement are allegations only and there has been no determination of liability.
Kanawha County Man Sentenced for COVID-19 Relief Fraud SchemeRead the Press Release
CHARLESTON, W.Va. – Calvin Butler, 25, of Dunbar, was sentenced today to five years of federal probation, including six months on home detention, and ordered to pay $18,540 in restitution for a scheme to defraud the Paycheck Protection Program (PPP) COVID-19 relief loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
The CARES Act, enacted in March 2020, offered emergency financial assistance to Americans suffering from the economic effects caused by the COVID-19 pandemic. This assistance included forgivable loans to small businesses for job retention and certain other expenses through the Paycheck Protection Program. Businesses applying for PPP loans had to certify that the business was in operation on February 15, 2020, and were required to provide documentation showing their prior gross income from either 2019 or 2020.
According to court documents and statements made in court, Butler provided his personal information to an individual he met on the Instagram social media platform who offered to apply for a PPP loan on Butler’s behalf in exchange for $2,000 of the loan proceeds. On April 25, 2021, this individual electronically submitted an application falsely stating that Butler operated a barbershop and that it had received $77,000 in gross income in 2020. Butler admitted that he knew he was not eligible to receive a PPP loan.
The fraudulent PPP loan application was approved and $16,040 was electronically deposited from a financial institution in Tennessee to Butler’s account at a bank in South Charleston, West Virginia, on June 7, 2021. Butler admitted that he knew the deposit was the result of the fraudulent PPP loan application. Butler further admitted that he withdrew the fraudulently obtained money in $5,000 increments to benefit himself personally and not for any legitimate business expenses.
Butler pleaded guilty to wire fraud. United States Attorney Will Thompson made the announcement and commended the investigative work of the West Virginia State Police-Bureau of Criminal Investigations (BCI), the West Virginia State Auditor’s Public Integrity and Fraud Unit, and the Litigation Financial Analyst with the U.S. Attorney’s Office.
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Ryan Blackwell prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-161.
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KC Man Sentenced for Armed Robbery of Pizza Delivery DriverRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man was sentenced in federal court today for the armed robbery of a pizza delivery driver, after a suspect involved in the robbery was killed during a shootout with police officers.
Samuel M. David, 20, was sentenced by U.S. District Judge Gary A. Fenner to 12 years and three months in federal prison without parole.
On Aug. 4, 2022, David pleaded guilty to one count of robbery and one count of using a firearm during a crime of violence.
His sister and co-defendant, Rochelle E. David, 24, was sentenced on Jan. 11, 2023, to 14 years in federal prison without parole after pleading guilty to the same crimes.
Rochelle David placed an order for pizza to a Pizza Hut restaurant on Oct. 19, 2020, in order to lure a Pizza Hut employee to her address to conduct an armed robbery with the assistance of Samuel David and Ennice Ross. When the delivery driver arrived at about 10:18 p.m., Samuel David and Ross confronted him in the parking lot. Ross displayed a firearm in his waistband and Samuel David demanded the driver’s money. Samuel David went through the driver’s pockets, taking a wallet and knife from him. They also took $100 in cash from the driver’s vehicle.
Ross ordered the delivery driver to take them to an ATM to withdraw more money from the driver’s bank account. The driver took them to a gas station, where Samuel David attempted to use the driver’s bank card to withdraw money from an ATM. Samuel David returned to the car and told Ross he wasn’t able to withdraw any money. Samuel David stabbed the driver in the hand with the driver’s knife.
Samuel David ordered the delivery driver to take them to his residence in Gladstone, Mo., where he lived with his parents, while Rochelle David followed in a separate vehicle. Samuel David and Ross accompanied the driver into his residence, where they encountered the driver’s parents. Ross stayed with the driver’s parents while Samuel David walked the driver to his bedroom, where the driver opened a safe that contained approximately $2,000. Samuel David took the safe, and he and Ross left the residence.
On Oct. 23, 2020, police officers were conducting surveillance in the area where the armed robberies occurred in an effort to locate Rochelle David in connection with an unrelated homicide investigation. She was seen leaving the apartment building in a vehicle with Samuel David and Ross. Officers conducted a traffic stop of the vehicle in the area of Admiral and Tracy. Samuel David and another person got out of the vehicle, but Rochelle David and Ross stayed in the vehicle. Rochelle David told Ross that one of the officers who stopped them was the one who recently chased her. Shortly before she got out of the vehicle, she told Ross, “Shoot the one with the red hair first.” Rochelle David then got out of the vehicle, after which Ross opened his door and fired on officers with his gun. The officers returned fire, which resulted in his death.
After being arrested, Rochelle David was questioned about the homicide. She admitted that Ross wanted to kill a homeless person and she was with him when they picked up a homeless man in Kansas City on Oct. 21, 2020. They drove around for a time with the victim, then Ross got out of the vehicle and she saw him shoot the victim.
This case was prosecuted by Assistant U.S. Attorney Byron H. Black. It was investigated by the Kansas City, Mo., Police Department and the FBI.
Justice Department Secures Settlement in Sexual Harassment Lawsuit Against Missouri LandlordRead the Press Release
The Justice Department announced today that it has secured a settlement from a St. Louis, Missouri landlord, who has agreed to pay $110,000 to resolve a lawsuit alleging that he violated the Fair Housing Act (FHA) when he sexually harassed multiple female tenants.
Under the agreement, subject to approval by the U.S. District Court for the Eastern District of Missouri, Nedzad Ukejnovic is required to pay $85,000 to compensate individuals harmed by the harassment and $20,000 to compensate the Metropolitan St. Louis Equal Housing Opportunity Council for resources it expended responding to the reported harassment. The defendant is also required to pay a $5,000 civil penalty to the United States.
“Far too often landlords sexually harass and prey on those who are most vulnerable and it is unacceptable,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously enforce fair housing laws to hold those who engage in unlawful conduct to account.”
“Multiple tenants complained that Mr. Ukejnovic subjected them to vulgar and disgusting demands for sex, offering to reduce rent or security deposits if they complied,” said U.S. Attorney Sayler A. Fleming for the Eastern District of Missouri. “The U.S. Attorney’s Office takes allegations like these seriously and seeks to hold all civil rights violators accountable whether civilly or criminally. This agreement not only provides for monetary compensation, but it also prohibits him from contacting these tenants, bars him from his properties when a lease is in effect and requires him to hire an independent property manager to prevent further violations of the civil rights laws. All of these are measures that will help protect current and future tenants.”
“It is abhorrent that a landlord would subject his tenants to sexual harassment and retaliation, robbing them of a safe place to call home,” said Principal Deputy Assistant Secretary Demetria L. McCain of the Department of Housing and Urban Development (HUD)’s Office of Fair Housing and Equal Opportunity. “This settlement sends a strong message that sexual harassment in housing is illegal and that those who violate the Fair Housing Act will be held accountable. HUD applauds today’s action and remains committed to working with DOJ to enforce our nation’s fair housing laws.”
In addition, the consent order requires the defendant to retain an independent property manager to manage his rental properties for the duration of the order, obtain fair housing training and implement non-discrimination policies and complaint procedures to prevent sexual harassment at his properties in the future.
The lawsuit, filed in September 2022, alleged that the defendant subjected multiple female tenants to harassment that included making unwelcome sexual advances, offering to reduce rent or security deposits in exchange for engaging in sex acts, requesting sexually explicit photos, staring at female tenants’ bodies in a sexual way, subjecting female tenants to unwelcome sexual touching, and visiting and entering female tenants’ homes for no legitimate purpose.
The matter was referred to the Justice Department after HUD received two separate complaints alleging that the defendant had violated the Fair Housing Act. The complainants – a former female tenant and the Metropolitan St. Louis Equal Housing Opportunity Council, a non-profit organization that helped the tenant file a complaint with HUD and engaged in outreach and education efforts following defendant’s harassment of the tenant – chose to have the matter decided in federal court after HUD investigated their complaints and issued a charge of discrimination. Upon receiving the referral the Justice Department investigated further and identified additional female tenants whom the defendant sexually harassed.
The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The initiative seeks to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers and other people who have control over housing. Since launching the initiative, the department has filed 31 lawsuits alleging sexual harassment in housing and recovered over $10.8 million for victims of such harassment.
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. The Civil Rights Division is committed to protecting people from sexual misconduct. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals may report sexual harassment or other forms of housing discrimination by calling the Justice Department’s Housing Discrimination Tip Line at 1-833-591-0291, or submitting a report online. Individuals may also report such discrimination by contacting HUD at 1-800-669-9777 or by filing a complaint online.
Hudson County Man Admits Role in Gang AssaultRead the Press Release
NEWARK, N.J. – A member of a neighborhood street gang in Hudson County, New Jersey, today admitted to stabbing a rival gang member during a retaliatory gang-related assault, U.S. Attorney Philip R. Sellinger announced.
Sheldon Mays, aka “Thottie,” 23, of Jersey City, New Jersey, pleaded guilty before U.S. District Judge Kevin McNulty in Newark federal court to an information charging him with one count of assault with a dangerous weapon – a knife – in aid of racketeering.
According to documents filed in this case and statements made in court:
On Aug. 3, 2020, Mays and seven others, all of whom are associated with a street gang operating in and around the Curries Woods Public Housing Complex in Jersey City – identified as “Curries Woods” or the “Tay Tay Shrimp Gang” or the “Sharks” – assaulted a rival gang member in retaliation for a prior gang-related assault. As the victim was walking down a street in Jersey City, Mays and the others approached in two cars, parked in the middle of the street, and violently assaulted the victim, who was punched, kicked, and stabbed by Mays, and suffered life-threatening injuries.
The count of assault with a dangerous weapon in aid of racketeering activity is punishable by a maximum of 20 years in prison and a fine of up to $250,000. Sentencing is scheduled for Sept. 18, 2023.
U.S. Attorney Sellinger credited the special agents and task force officers of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Field Division, under the direction of Special Agent in Charge Bryan Miller; the Jersey City Police Department, under the direction of Public Safety Director James Shea; the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez; and the Hudson County Department of Corrections with the investigation leading to the guilty plea.
This investigation was conducted as part of the Jersey City Violent Crime Initiative (VCI). The VCI was formed in 2018 by the U.S. Attorney’s Office for the District of New Jersey, the Hudson County Prosecutor’s Office, and the Jersey City Police Department, for the sole purpose of combatting violent crime in and around Jersey City. As part of this partnership, federal, state, county, and city agencies collaborate to strategize and prioritize the prosecution of violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the Drug Enforcement Administration, the U.S. Marshals, the Jersey City Police Department, the Hudson County Prosecutor’s Office, the Hudson County Sheriff’s Office, New Jersey State Parole, the Hudson County Jail, and the New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center.
The government is represented by Assistant U.S. Attorney Tracey Agnew of the U.S. Attorney’s Office Criminal Division in Trenton.
mays.information.pdfGrayson County Man Guilty of Violent Crime Spree in the Eastern District of TexasRead the Press Release
SHERMAN, Texas – A Sherman man has been convicted of federal violations in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs today.
Brian Deboris Black, 32, was convicted of conspiracy to interfere with interstate commerce by robbery; robbery; conspiracy to kidnap; and two counts of carrying and brandishing a firearm during a crime of violence. Black was found guilty of all counts by a jury following a three-day trial before U.S. District Judge Jeremy D. Kernodle.
According to information presented in court, on Oct. 3, 2020, Black, along with two others, robbed a Dollar General store in Tom Bean, Texas. During the robbery, Black brandished a firearm and threatened to kill the three employees in the store if they did not comply with his demands. On Oct. 13, 2020, Black and several others, committed a home invasion robbery in Mansfield, Texas. They entered the home at gunpoint, kidnapped three family members and restrained them with zip ties, and demanded money while threatening to kill them if they did not comply. Black shot the homeowners’ son when he was able to free himself from the zip ties. The victim survived the shooting, but with permanent injuries. Co-defendant testimony, DNA, and cell phone analysis were instrumental in establishing that Black brandished the firearm while committing both offenses.
“The Department of Justice will continue to use every resource at its disposal to address violent crimes occurring in our communities,” said U.S. Attorney Damien M. Diggs. “This outcome should serve as a message that individuals who use firearms to harm or injure others will be prosecuted and held accountable in federal court.”
“The FBI remains laser focused on working with our law enforcement partners to counter violent crime wherever it occurs. In this case, our agents and task force officers combined the use of cutting-edge technologies and traditional investigative methods to achieve a significant verdict against a violent offender. I’m grateful that our community has been made safer by their work,” said FBI Dallas Special Agent in Charge Chad Yarbrough.
Black faces up to life in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing 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 U.S. Probation Office.
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.
This case was investigated by the FBI’s Sherman Resident Agency, Tom Bean Police Department, Whitewright Police Department, Sherman Police Department, Tarrant County Sheriff’s Office, Tarrant County Medical Examiner’s Office, and the Texas Department of Public Safety Crime Lab. This case was prosecuted by Assistant U.S. Attorneys Ernest Gonzalez and Tracey Batson.
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Grand Jury-May 2023Read the Press Release
United States Attorney Steven Russell announced the federal Grand Jury for the District of Nebraska has returned ten unsealed Indictments charging ten defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Fernando Aguirre-Quintero, age 24, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about March 1, 2023. The penalty if convicted is not less than 5 years’ and up to 40 years’ imprisonment, a $5,000,000 fine, a four-year term of supervised release, and a $100 special assessment.
Contact Drug Enforcement Unit Chief Susan Lehr at 402-661-3700 for further information.
* Danielle Cleary, age 28, of Bancroft, Nebraska, is charged in a two-count Indictment. Count I charges Cleary with assault resulting in serious bodily injury on the Omaha Indian Reservation on or about January 11, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Cleary with child abuse on the Omaha Indian Reservation on or about January 11, 2023. The penalty if convicted is 3 years’ imprisonment, a $10,000 fine, an eighteen-month term of supervised release, and a $100 special assessment.
Contact Criminal Chief Michael Norris at 402-661-3700 for further information.
* Jeffrey Edwards, age 66, of Omaha, is charged in a sixteen-count Indictment. Counts I through IX charge Edwards with healthcare fraud between on or about 2010 and continuing to on or about 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Counts X through XIII charge Edwards with controlled substance prescribed outside the usual course of medical practice between on or about 2010 and continuing to on or about 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, a $1,000,000 fine, a not less than three-years’ and up to life term of supervised release, and a $100 special assessment. Counts XIV through XVI charge Edwards with false statements relating to health care matters on or about February 15, 2018 and continuing to on or about November 19, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, a $100 special assessment.
* Marcus Green, age 41, is charged in a three-count Indictment. Count I charges Green with possession with intent to distribute methamphetamine on or about July 1, 2022. The penalty if convicted is 20 years’ imprisonment, a $1,000,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Green with possession of a firearm in furtherance of a drug trafficking offense on or about July 1, 2022. The maximum possible penalty if convicted is not less than 5 years’ and up to life imprisonment to run consecutive imprisonment, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges Green with prohibited person in possession of a firearm on or about July 1, 2022. The maximum possible penalty if convicted is not less than 15 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Contact Drug Enforcement Unit Chief Susan Lehr at 402-661-3700 for further information.
* Robert Vincent Harris, age 56, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I charges Harris with distribution of fentanyl resulting in serious bodily injury on or about February 14, 2023. The penalty if convicted is not less than 20 years’ and up to life imprisonment, a $1,000,000 fine, a three-year and up to life term of supervised release, and a $100 special assessment. Count II charges Harris with possession with intent to distribute fentanyl on or about February 14, 2023 and continuing until February 15, 2023. The penalty if convicted is 20 years’ imprisonment, a $1,000,000 fine, a three-year term of supervised release, and a $100 special assessment.
Contact Drug Enforcement Unit Chief Susan Lehr at 402-661-3700 for further information.
* Alejandro Hernandez-Hernandez, a/k/a Alejandro Hernandez, age 37, is charged with illegal reentry after deportation on or about May 9, 2023. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
Contact Criminal Chief Michael Norris at 402-661-3700 for further information.
* Robert Johnson, age 39, is charged in a two-count Indictment. Count I charges Johnson with possession with intent to distribute 500 grams or more of methamphetamine on or about July 1, 2022. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five-years and up to life term of supervised release, and a $100 special assessment. Count II charges Johnson with possession of a firearm in furtherance of a drug trafficking offense on or about July 1, 2022. The maximum possible penalty if convicted is not less than 5 years’ and up to life imprisonment to run consecutive imprisonment, a $250,000 fine, not less than five-years and up to life term of supervised release consecutive, and a $100 special assessment.
Contact Drug Enforcement Unit Chief Susan Lehr at 402-661-3700 for further information.
* Riek J. Kuany, age 24, is charged in a four-count Indictment. Count I charges Kuany with Bank Robbery on or about April 6, 2023. The penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Kuany with brandishing a weapon to commit a federal crime of violence on or about April 6, 2023. The maximum possible penalty if convicted is not less than 7 years’ and up to life imprisonment to run consecutive imprisonment, a $250,000 fine, a five-year term of supervised release consecutive, and a $100 special assessment. Count III charges Kuany with Bank Robbery on or about April 11, 2023. The penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-years term of supervised release, and a $100 special assessment. Count IV charges Kuany with brandishing a weapon to commit a federal crime of violence on or about April 22, 2023. The maximum possible penalty if convicted is not less than 7 years’ and up to life imprisonment to run consecutive imprisonment, a $250,000 fine, a five-year term of supervised release consecutive, and a $100 special assessment.
Contact Criminal Chief Michael Norris at 402-661-3700 for further information.
* Kevin Radik, age 37, of Papillion, Nebraska, is charged with delay or destruction of mail beginning on or about December 1, 2022 and continuing through on or about March 16, 2023. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Contact Criminal Chief Michael Norris at 402-661-3700 for further information.
* Allan Onelio Velasquez-Velasquez, age 47, is charged with illegal reentry of a removed alien after a felony conviction beginning on or about May 10, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Contact Criminal Chief Michael Norris at 402-661-3700 for further information.
Former President of the New York Building and Construction Trades Council and 10 Other Union Officials Sentenced for Accepting Bribes and Illegal PaymentsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Raymond A. Tierney, Suffolk County District Attorney, announced today that JAMES CAHILL, former President of the New York State Building and Construction Trades Council, was sentenced to 51 months in prison for accepting bribes and illegal cash payments from a non-union construction contractor (“Employer-1”) while serving as a union officer. Union officers CHRISTOPHER KRAFT, PATRICK HILL, MATTHEW NORTON, WILLIAM BRIAN WANGERMAN, KEVIN MCCARRON, JEREMY SHEERAN, a/k/a “Max,” ANDREW MCKEON, ROBERT EGAN, SCOTT ROCHE, and ARTHUR GIPSON have previously been sentenced for related conduct by U.S. District Judge Colleen McMahon, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “Capitalizing on his position as a high-ranking union official, James Cahill accepted payment after payment to favor non-union labor at the expense of union members. Whether it was a cash-stuffed envelope or in-kind benefit, each payment reflected a decision to place personal greed over the union interests that Cahill was duty-bound to serve. Today’s sentence makes clear that this Office and our law enforcement partners will work tirelessly to hold responsible those who exploit their positions of power for personal gain. I thank the Suffolk County District Attorney’s Office for their partnership in this case.”
Suffolk County District Attorney Raymond A. Tierney said: “James Cahill repeatedly chose to enrich himself at the expense of the hard-working men and women whose interests he had a sworn duty to protect, and his sentence to a substantial term in federal prison should serve as a message to all others who would consider engaging in similar betrayals of trust. I want to thank the U.S. Attorney's Office in the Southern District of New York for their collaboration in this investigation, and for their efforts in obtaining this just result.”
According to the allegations in the Indictment, statements made in court, and court filings:
JAMES CAHILL was the President of the New York State Building and Construction Trades Council (the “NYS Trades Council”), which represents over 200,000 unionized construction workers, a member of the Executive Council for the New York State American Federation of Labor and Congress of Industrial Organizations (the “NYS AFL-CIO”), and formerly a union representative of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada (the “UA”). During the charged conspiracy from about October 2018 to October 2020, CAHILL accepted approximately $44,500 in bribes from Employer-1, as well as other benefits, including home appliances and free labor on CAHILL’s vacation home. As part of his guilty plea, CAHILL acknowledged having previously accepted at least approximately $100,000 of additional bribes from Employer-1 in connection with CAHILL’s union positions. As the leader of the conspiracy, CAHILL introduced Employer-1 to many of the other defendants, while advising Employer-1 that Employer-1 could reap the benefits of being associated with the unions without actually signing union agreements or employing union workers.
KRAFT, HILL, NORTON, WANGERMAN, MCCARRON, SHEERAN, and MCKEON were Business Agents, EGAN was the Secretary-Treasurer, and ROCHE was the Business Agent At Large of the Local 638 of the UA (“Local 638”). GIPSON was a Business Agent of the Local Union 200 of the UA (“Local 200”). Each of these defendants accepted thousands and, in some cases, tens of thousands of dollars of cash bribes from Employer-1, a contractor who had projects and potential projects within the jurisdiction of Local 638 and Local 200.
All 11 defendants accepted cash from Employer-1 — usually stuffed in envelopes that Employer-1 handed off inside the restrooms of restaurants. During the meetings at which the payments were made, Employer-1 repeatedly requested favorable action from Local 638 and/or Local 200, including the following: (i) that the relevant union would support Employer-1’s bids on various projects, (ii) that the union would consider signing Employer-1 to labor agreements that Employer-1 regarded to be favorable (including agreements that would pay union workers lower rates than their experience merited), and (iii) that the union would permit Employer-1 to falsely claim to developers that Employer-1 employed union workers. Employer-1 contracted to work on — or would bid on — projects that otherwise could have employed union workers belonging to Local 638 and/or Local 200. At the time Employer-1 was bribing the defendants, Employer-1’s business employed workers who were not members of Local 638 and/or Local 200 but would have been eligible for membership.
* * *
A chart containing the names, offenses of conviction, and sentences imposed by Judge McMahon is below.
Mr. Williams praised the outstanding investigative work of the Special Agents and investigators within the U.S. Attorney’s Office for the Southern District of New York and the Suffolk County District Attorney’s Office.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Jun Xiang, Jason Swergold, Danielle Sassoon, Frank J. Balsamello, Marguerite B. Colson, and Special Assistant U.S. Attorney Laura de Oliveira, are in charge of the prosecution.
Defendant
Statute of Conviction
Sentence
JAMES CAHILL
Honest Services Fraud Conspiracy
Sentenced on May 18, 2023, to 51 months in prison and $150,000 fine
CHRISTOPHER KRAFT
Honest Services Fraud Conspiracy
Sentenced on December 12, 2022, to 18 months in prison and $10,000 fine
PATRICK HILL
Honest Services Fraud Conspiracy
Sentenced on December 19, 2022, to 27 months in prison and $10,000 fine
MATTHEW NORTON
Taft-Hartley Act Violation (Felony)
Sentenced on December 13, 2022, to three years’ probation and $10,000 fine
WILLIAM BRIAN WANGERMAN
Taft-Hartley Act Violation (Felony)
Sentenced on April 12, 2023, to four years’ probation and $10,000 fine
KEVIN MCCARRON
Taft-Hartley Act Violation (Misdemeanor)
Sentenced on May 10, 2023, to 60 days in prison
JEREMY SHEERAN
Taft-Hartley Act Violation (Felony)
Sentenced on February 8, 2023, to two years’ probation and $10,000 fine
ANDREW MCKEON
Taft-Hartley Act Violation (Felony)
Sentenced on March 14, 2023, to two years’ probation and $10,000 fine
ROBERT EGAN
Taft-Hartley Act Violation (Felony)
Sentenced on March 14, 2023, to three years’ probation and $10,000 fine
SCOTT ROCHE
Taft-Hartley Act Violation (Misdemeanor)
Sentenced on December 6, 2022, to two years’ probation and $10,000 fine
ARTHUR GIPSON
Taft-Hartley Act Violation (Felony)
Sentenced on May 3, 2023, to 60 days in prison and $4,000 fine
Former NYPD Police Officer Sentenced to 33 Months Imprisonment for Engaging in Bribery SchemeRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Michael Perri, a former New York City Police Department (NYPD) police officer, was sentenced by United States District Judge Rachel P. Kovner to 33 months of imprisonment and a $25,000 fine for conspiring to use interstate facilities to commit bribery. Perri has already paid the government over $158,000 in forfeiture. During the relevant period, Perri was a recently retired NYPD police officer formerly assigned to the 107th Precinct in Queens. Perri pleaded guilty to the charge in November 2022. Perri’s co-defendant, James Davneiro, a NYPD police officer in the 107th Precinct during the relevant period, was sentenced in March 2023 to one year of imprisonment after pleading guilty to the same offense. Another of Perri’s co-defendants, Giancarlo Osma, also a NYPD police officer with the 107th Precinct during the relevant period, was sentenced in April 2023 to 14 months’ imprisonment, after pleading guilty to the same offense.
Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), announced the sentence.
“Michael Perri, after retiring from the NYPD, conspired with two police officers to betray their oaths and the public with promises of easy money, and as a result, they have all been sentenced to prison for their corruption,” stated United States Attorney Peace. “This Office will vigorously investigate and prosecute public servants and their associates who exploit their positions of power for private gain.”
“Dedicated to uncovering and eradicating corruption in all its forms, investigators with our Internal Affairs Bureau worked tirelessly since the outset of this case,” stated NYPD Commissioner Sewell. “There must always be zero tolerance for such betrayals of public trust. I thank our partners with the FBI’s Public Corruption Unit and everyone from the U.S. Attorney’s Office for the Eastern District who helped to guide this case through to its conclusion.”
According to court filings, Perri orchestrated a scheme to pay thousands of dollars in bribes to co-defendants Davneiro and Osma for their corrupt agreement to assist an automobile repair and tow trucking business that Perri had begun operating upon his retirement from the NYPD (the “Business”). Beginning in May 2020, Davneiro and Osma responded to automobile accidents and directed the damaged vehicles to the Business operated by Perri, instead of using the NYPD’s Directed Accident Response Program (DARP), which requires NYPD officers to identify an appropriate licensed tow trucking business to respond to the scene of the automobile accident and remove the damaged vehicles from the scene. To ensure that no particular business receives favored treatment, NYPD officers are required to use a computer system that randomly selects a licensed tow trucking business. Davneiro and Osma bypassed DARP and directed damaged vehicles directly to the Business in exchange for thousands of dollars in bribe payments paid by Perri. Perri, Davneiro, and Osma continued to participate in the scheme until May 2021, when they were arrested. In total, Davneiro and Osma steered at least 73 vehicles damaged in automobile accidents to Perri, resulting in total profits to the Business of more than $150,000. In exchange, Perri paid Davneiro and Osma more than $50,000 in bribes in total.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorney Ryan C. Harris is in charge of the prosecution.
The Defendants:
JAMES DAVNEIRO
Age: 44
Bayside, New YorkGIANCARLO OSMA
Age: 40
Deer Park, New YorkMICHAEL PERRI
Age: 34
East Islip, New YorkE.D.N.Y. Docket No. 21-CR-508 (RPK)
Former Department of Veterans Affairs Procurement Supervisor Guilty of Pocketing KickbacksRead the Press Release
CHICAGO — A former procurement supervisor at the Jesse Brown Department of Veterans Affairs Medical Center in Chicago has admitted in federal court that he pocketed kickbacks from the president of a medical supply company to steer the company product orders that the VA paid for but never received.
While serving as a supervisor in the medical center’s Central Supply department, THOMAS E. DUNCAN received thousands of dollars in kickbacks paid in cash and checks from DANIEL DINGLE, the president of a medical supply company based in the Chicago suburb of Dolton. The checks were made payable to Helping Hands Properties LLC – a third-party entity managed by Duncan – and contained false and misleading memo entries in order to conceal and disguise the existence and purpose of the kickbacks. In exchange for the kickbacks, Duncan used his official position at the VA to fraudulently initiate and approve purchases of products from Dingle’s company, knowing that many of the products would not actually be delivered to the VA.
The fraud scheme began in 2012 and continued until 2019. In late 2018, after Duncan became aware that the VA Inspector General’s Office was investigating his conduct, Duncan created fake invoices from Helping Hands purporting to document work performed for Dingle’s company. Duncan also told Dingle to falsely tell investigators that the payments Duncan received from Dingle’s company were for work performed by Helping Hands.
Duncan, 39, of Chicago, and Dingle, 52, of Riverdale, Ill., each pleaded guilty Tuesday to one count of wire fraud, which is punishable by up to 20 years in federal prison. U.S. District Judge Steven C. Seeger set Duncan’s sentencing for Nov. 30, 2023. Dingle’s sentencing has not yet been scheduled.
It is the government’s position that the defendants owe restitution of approximately $1,719,219 to the U.S. Department of Veterans Affairs. The amount of restitution will be determined by the Court at the time of sentencing.
The guilty pleas were announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, and Gregory Billingsley, Special Agent-in-Charge of the U.S. Department of Veterans Affairs, Office of Inspector General, Central Field Office. The government is represented by Assistant U.S. Attorney Heidi Manschreck.
Former Board Member of Connecticut Energy Cooperative Sentenced to Prison for Misusing FundsRead the Press Release
Vanessa Roberts Avery, United States Attorney, for the District of Connecticut, announced that JOHN BILDA, 59, former City of Norwich representative on the Connecticut Municipal Electric Energy Corporation (“CMEEC”) Board of Directors, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to six months of imprisonment, followed by three years of supervised release, for misusing CMEEC funds.
CMEEC is a cooperative public corporation that permits municipal electric utilities in Connecticut to join together to furnish electric power in the municipalities’ areas of operation. CMEEC’s members included the City of Norwich, the City of Groton, the Borough of Jewett City, the Second Taxing District of the City of Norwalk, the Third Taxing District of the City of Norwalk, and the Town of Bozrah. As the owners of CMEEC, each member town executed an agreement through its respective municipal electric utility outlining the terms and conditions under which the CMEEC members participated together in CMEEC. The CMEEC membership agreement provides that excess revenues are designated as “CMEEC Margin,” and that the excess revenues are to be returned to the member towns to help keep electricity costs stable for ratepayers.
Between 2010 and 2015, CMEEC received more than $9 million dollars from the U.S. Department of Energy. CMEEC member towns also received funds from federal grants.
According to the evidence and testimony presented during a trial in 2021, Drew Rankin, who was the former chief executive officer of CMEEC, Bilda, and other members of the CMEEC Board of Directors, planned, organized, and directed lavish trips outside of Connecticut, including trips to the Kentucky Derby in 2015 and 2016, and to a luxury golf resort in West Virginia in 2015. These trips did not relate to CMEEC business, but were intended to personally benefit, compensate and reward Rankin, Bilda, CMEEC Board members, their family members, friends, and associates. Costs for the trips, which totaled more than $800,000, included travel expenses, private chartered airfare, first-class hotel accommodations, meals, tickets to sporting events, golf fees, souvenirs and gifts.
For the Kentucky Derby trip in 2015, which had an average cost of approximately $9,000 per guest, Bilda brought his wife, his parents, and two friends. In August 2015, Rankin, Bilda, and two other CMEEC Board members traveled, at CMEEC expense and a cost of more than $21,000, to the Greenbrier golf resort in West Virginia. In October 2015, Rankin, Bilda, and several others returned to the Greenbrier at a cost to CMEEC of more than $100,000.
In response to reporter inquiries about the Kentucky Derby and golf trips, Rankin underreported the costs of the trips, omitted the names of attendees who were not CMEEC employees or board members, and made other false statements related to how the trips were funded. After the trips were known to the general public, CMEEC canceled a reservation it had made for the 2017 Kentucky Derby, and was refunded only approximately $90,000 of the $298,960 it had prepaid for the trip in May 2016.
On December 10, 2021, a jury found Rankin, Bilda, and James Sullivan, the former chairperson of the CMEEC Board of Directors, guilty of one count of theft concerning a program receiving federal funds.
Judge Meyer previously sentenced Rankin to 12 months of imprisonment, and Sullivan to six months of imprisonment.
Restitution will be determined after additional court proceedings.
Bilda is required to report to prison on July 12.
This matter has been investigated by the Federal Bureau of Investigation; Internal Revenue Service, Criminal Investigation Division; with the assistance of the U.S. Department of Homeland Security – Office of Inspector General and the U.S. Department of Energy. The case is being prosecuted by Assistant U.S. Attorneys Sarah P. Karwan, Michael S. McGarry and Tara E. Levens.
Former Ascension Parish Sheriff’s Office Deputy Indicted for Enticement of a Minor and Penalties for Registered Sex OffendersRead the Press Release
A federal grand jury recently returned a two-count indictment charging Todd Eric Tripp, age 34, of Sorrento, Louisiana, with enticement of a minor and felony offense involving a minor by a registered sex offender. Tripp appeared for his arraignment and pled not guilty to the pending charges.
According to the criminal complaint that preceded the indictment, between approximately July and October 2020, Tripp sexually abused a minor on at least five occasions at Tripp’s home and at hotels. Tripp, a registered sex offender, was previously convicted of state offenses involving minors.
If convicted of these charges, Tripp faces a statutory maximum sentence of life in prison.
This matter is being investigated by the Federal Bureau of Investigation, the Ascension Parish Sherriff’s Office, and the York County, South Carolina Sheriff’s Office. This case is being prosecuted by Assistant United States Attorney Edward H. Warner and Criminal Chief Jamie A. Flowers Jr.
NOTE: An indictment is an accusation by a grand jury. The defendant is presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Fentanyl distributor sentenced to prisonRead the Press Release
GAINESVILLE, Ga. - Jamerris Head has been sentenced to 12 years for selling fentanyl after pleading guilty to distribution of a controlled substance on July 13, 2022.
“Fentanyl has claimed too many lives, especially from our youth,” said U.S. Attorney Ryan K. Buchanan. “We are grateful to our law enforcement partners for working hard to prevent this deadly drug from claiming more lives in accidental overdoses.”
“Fentanyl poisonings have taken a terrible toll on our communities.” said Robert J. Murphy, Special Agent in Charge of the DEA Atlanta Division. “This criminal must now face the consequences of his actions.”
“Fentanyl is a dangerous and highly toxic drug that has wreaked havoc in far too many communities. Disrupting the manufacturers and distributers of this poison remains a high priority for the GBI’s drug enforcement offices,” said Mike Register, Director, Georgia Bureau of Investigation.
According to U.S. Attorney Buchanan, the charges and other information presented in court: Between April and August of 2021, Jamerris Head sold multiple ounces of fentanyl on several occasions during controlled purchases by law enforcement. At the time of his arrest, agents seized approximately one kilogram of fentanyl, in both pill and powder form, and two firearms.
Jamerris Head, 39, of Buford, Georgia, was sentenced to 12 years in prison to be followed by five years of supervised release.
This case was investigated by the Drug Enforcement Administration and the Georgia Bureau of Investigation’s Appalachian Regional Drug Enforcement Office.
Assistant U.S. Attorney Jennifer Keen prosecuted the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Fentanyl Dealer Gets More Than 24 Years for Selling Fentanyl that Resulted in Young Man’s Overdose DeathRead the Press Release
RALEIGH, N.C. – A fentanyl dealer was sentenced today to 292 months in federal prison for distributing a mixture and substance containing cyclopropyl fentanyl that killed a 20-year-old. Shamel Nesbitt, 32, was convicted by a jury on the charge on August 31, 2022. Nesbitt was living in Smithfield at the time the crime was committed.
“Fentanyl is killing Americans in record numbers and shortening American life expectancy,” said U.S. Attorney Michael Easley. “Our overdose crisis won’t be solved by prosecution alone, but sentences like this are a warning to drug pushers who lace fentanyl into their supply. Those who cause death will face severe consequences.”
According to court documents and other information presented in court, Shamel Nesbitt was investigated in November 2017 by the Johnston County Sheriff’s Office for the distribution of cyclopropyl fentanyl, a fentanyl analogue, where death resulted. The investigation began on November 19, 2017, after Lucas Urbina, 20, was rushed to the hospital by several friends after using a controlled substance and overdosing. A second friend of Urbina’s also suffered an overdose from using the same substance. At that time, hospital staff were able to resuscitate both Urbina and his friend. Urbina’s friend regained consciousness and became stable after a short period of time. He left the hospital and was approached by law enforcement when he was attempting to get into a vehicle. He was searched and law enforcement discovered he had a bag of suspected narcotics along with two syringes.
While Urbina was revived, he never regained consciousness. Urbina died on November 22, 2017.
Samples of Urbina’s blood taken upon admission to the hospital were sent to the toxicology section of the Office of the Chief Medical Examiner to see what substances were present. Test results showed a lethal level of cyclopropyl fentanyl. Urbina also had low levels of morphine and clonazepam in his blood. His death was ruled an accidental overdose.
Law enforcement immediately began investigating to determine who distributed the narcotics to Urbina and his friends. Text messages and dialed phone numbers showed Urbina was reaching out to someone listed as “Mista” in his phone. Officers were able to quickly link the number to Shamel Nesbitt who had given it to law enforcement as his number when he was cited for a traffic violation a few months earlier. Law enforcement was able to access Urbina’s Facebook account and saw he was communicating with another Facebook user with a name of “Chris Nesbitt.” In the Facebook messages between Urbina and Nesbitt, it was clear Urbina was attempting to buy drugs from Nesbitt. Officers got a search warrant for Nesbitt’s Facebook page. They noticed pictures posted by “Chris Nesbitt” were of Shamel Nesbitt. Multiple messages on Nesbitt’s Facebook page reference him by the nickname “Mista.” Law enforcement received a search warrant for Nesbitt’s home and found heroin package material, nitrile gloves and marijuana.
Nesbitt made statements to law enforcement that he saw Urbina that day but claimed that he didn’t sell him any narcotics.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after the sentencing was concluded. U.S. District Judge Terrence W. Boyle presided over the trial. The Johnston County Sheriff’s Office investigated the case and Assistant U.S. Attorney Charity Wilson and Brandon Boykin prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-cr-00226-BO.
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Federal Grand Jury Indicts San Fernando Valley Duo Who Allegedly Used Darknet Marketplaces to Sell Fentanyl and CocaineRead the Press Release
LOS ANGELES – A San Fernando Valley man and woman who allegedly used darknet marketplaces to sell hundreds of thousands of dollars’ worth of fentanyl-laced pills and cocaine to buyers nationwide have been indicted by a federal grand jury, the Justice Department announced today.
Brian McDonald, 22, of Van Nuys, whose aliases include “Malachai Johnson,” “SouthSideOxy,” and “JefeDeMichoacan,” and Ciara Clutario, 22, of Burbank, were charged in an eight-count indictment returned Wednesday.
Both defendants are charged with one count of conspiracy to distribute fentanyl and cocaine, five counts of distribution of fentanyl, and one count of distribution of cocaine. McDonald also is charged with one count of possession of firearms in furtherance of a drug trafficking crime.
McDonald has been in federal custody since his arrest in this case on May 4, and his arraignment is scheduled for May 25 in United States District Court in downtown Los Angeles. Clutario is expected to make her initial appearance in the coming weeks.
According to the indictment, from at least April 2021 until May 2023, McDonald, Clutario and others conspired to sell fentanyl and cocaine via darknet marketplaces such as “White House Market,” “ToRReZ” and “AlphaBay.” McDonald, using aliases, created vendor profiles on these marketplaces to sell illegal drugs in exchange for cryptocurrency, the indictment alleges.
McDonald and Clutario allegedly monitored and maintained the darknet vendor profiles, including by updating drug listings and shipment options, tracking drug orders received online, and offloading Monero cryptocurrency received as drug deal payments into cryptocurrency wallets that McDonald controlled.
McDonald allegedly recruited and hired accomplices – including Clutario – to help with packaging and shipping the narcotics that they sold on the darknet. McDonald directed Clutario and other co-conspirators on how to package and ship the narcotics, and he assisted them in the packaging and shipping, the indictment alleges.
The indictment alleges that in May 2021 – one week after McDonald created a darknet vendor profile for the purpose of selling illegal drugs – he texted Clutario to tell her that their darknet drug sales were “flourish[ing].” Later that month, McDonald allegedly texted a co-conspirator that he had just sold 20,000 pills to customers.
In June 2021, McDonald allegedly texted an accomplice that he had 34 drug orders he had to fill. The following month, in text messages to Clutario about the conspiracy’s goals, McDonald stated, “i’m really tryna make like 5 mil,” according to the indictment.
The proceeds from the drug sales – after being converted from cryptocurrency into cash – allegedly were stored by McDonald and Clutario at their respective residences. They shipped fentanyl and cocaine that were sold for hundreds of thousands of dollars, according to the indictment.
McDonald also allegedly possessed firearms, specifically two gold-plated handguns – one without a serial number – to protect his drug trafficking business and the proceeds of drug sales made on darknet marketplaces.
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.
In convicted of all charges, McDonald and Clutario would face mandatory minimum sentences of 15 years and 10 years, respectively, in federal prison. Each defendant also would face a statutory maximum sentence of life in federal prison.
The FBI and the Drug Enforcement Administration are investigating this matter as part of JCODE. The Justice Department established the FBI-led JCODE team to lead and coordinate government efforts to detect, disrupt, and dismantle major criminal enterprises reliant on the darknet for trafficking opioids and other illicit narcotics, along with identifying and dismantling their supply chains.
Assistant United States Attorneys Declan T. Conroy and Ian V. Yanniello of the General Crimes Section are prosecuting this case.
Federal Grand Jury Indicts Man for Illegally Possessing Two Machine GunsRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that XAVIER DUHON, age 20, a resident of New Orleans, Louisiana, was charged on April 14, 2023 in a one-count indictment for possession of a machine gun pursuant to Title 18, United States Code, Sections 922(o) and 924(a)(2).
If convicted, DUHON faces a maximum term of imprisonment of 10 years, up to a $250,000 fine, up to 3 years of supervised release, and 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives, the New Orleans Police Department, and the Louisiana State Police. Assistant United States Attorney Sarah Dawkins of the Violent Crimes Unit is in charge of the prosecution.
Federal Grand Jury Indicts Individual for Federal Firearms and Narcotics OffensesRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that JONATH WILLIAMSON, JR., age 38, a resident of New Orleans, Louisiana, was charged on March 31, 2023 in a four-count indictment. In count 1, WILLIAMSON is charged with possession with intent to distribute methamphetamine and fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). In count 2, WILLIAMSON is charged with possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A). In count 3, WILLIAMSON is charged with possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g). In count 4, WILLIAMSON is charged with possession of a firearm with an obliterated serial number in violation of 18 U.S.C. § 922(k).
If convicted in count 1, WILLIAMSON faces a maximum term of imprisonment of 20 years, up to a $1,000,000 fine, and at least three years of supervised release. If convicted in count 2, WILLIAMSON faces a mandatory minimum sentence of five years up to life imprisonment, to run consecutively to all other sentence, up to a $250,000 fine, and up to five years of supervised release. If convicted of Count 3, WILLIAMSON faces a maximum term of imprisonment of 15 years, up to a $250,000 fine, and up to three years of supervised release. If convicted of Count 4, WILLIAMSON faces a maximum term of imprisonment of five years, a $250,000 fine, and up to three years of supervised release. WILLIAMSON must pay a mandatory special assessment fee of $100 for each count.
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 Federal Bureau of Investigations and the New Orleans Police Department. Assistant United States Attorney Sarah Dawkins of the Violent Crimes Unit is in charge of the prosecution.
Duquesne Man Sentenced to 60 Months Imprisonment for Conspiring to Distribute Controlled SubstancesRead the Press Release
A former resident of Duquesne, Pennsylvania, has been sentenced in federal court to 60 months imprisonment on his conviction of conspiring to distribute controlled substances, Acting United States Attorney Troy Rivetti announced today.
Senior United States District Judge Arthur J. Schwab imposed the sentence on Delbert Pate, 30, formerly of Duquesne, PA.
According to information presented to the court, the Greater Pittsburgh Safe Streets Task Force conducted a long-term investigation of drug trafficking occurring in and around the Braddock borough of Pittsburgh and identified several members and associates of a neighborhood-based street gang, self-titled “SCO” that were responsible for distributing controlled substances in Western Pennsylvania, which was led by Pate’s half-brother, who has previously been sentenced to over 20 years’ imprisonment, Howard McFadden.
Pate was identified as a member of SCO and involved in McFadden’s drug-trafficking business. Intercepted communications revealed that in addition to acting as a drug runner/courier for McFadden, Pate was one of McFadden’s trusted associates, and received distributor quantities of heroin from McFadden. Pate admitted that he was responsible for distributing over 100 grams of heroin.
Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.
United States Attorney Rivetti commended the Federal Bureau of Investigation along with the Drug Enforcement Administration, Bureau of Alcohol Tobacco Firearms and Explosives, United States Marshals Fugitive Task Force, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pennsylvania State Police, Pennsylvania Office of Attorney General Bureau of Narcotics Investigations, and the Pittsburgh Bureau of Police. Other assisting agencies include the Allegheny County Adult Probation, Monroeville Police Department, Penn Hills Police Department, Shaler Township Police Department and Wilkinsburg Police Department for the investigation leading to the successful prosecution of Delbert Pate.
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.