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Wednesday 22 March 2023
Man Sentenced to 18 Months in PrisonRead the Press Release
HAMMOND- Antonio Joel Ortiz, 25 years old, was sentenced by United States District Court Chief Judge Jon E. DeGuilio after pleading guilty to being a felon in possession of a firearm, announced United States Attorney Clifford D. Johnson.
Ortiz was sentenced to 18 months in prison followed by 1 year of supervised release.
According to documents in the case, on August 1, 2022, Ortiz possessed a loaded firearm while committing a theft. Law enforcement successfully recovered the firearm Ortiz had thrown over a gate when he saw police as well as the loaded magazine. Ortiz’s criminal history revealed he has prior felony convictions for criminal recklessness and burglary, and as such, is prohibited from possessing the firearm.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives Indiana High Intensity Drug Trafficking Task Force and the Hammond Police Department. This case was prosecuted by Special Assistant United States Attorney Patrick D. Grindlay.
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.
Man Charged with Stealing Guns from Newington Gun StoreRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and James Ferguson, Special Agent in Charge, ATF Boston Field Division, today announced that a federal grand jury in Hartford has returned an indictment charging TROY HARRIS, 28, with firearm offenses stemming from a Newington gun store theft in September 2021.
As alleged in the indictment, on September 7, 2021, Harris stole two Kimber Micro 9 9mm semiautomatic pistols, two Kimber Pro Carry .45 ACP semiautomatic pistols, and one Kimber Super Match .45 ACP semiautomatic pistol from Hoffman’s “Guns for the Good Guys,” a federal firearms licensee located in Newington.
It is alleged that Harris’s criminal history includes convictions in Connecticut state court for escape in the first degree, burglary in the third degree, and robbery in the first degree. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
The indictment, which was returned on March 15, charges Harris with theft of firearms from a licensee, and unlawful possession of firearms by a felon. Harris appeared today before U.S. Magistrate Judge S. Dave Vatti in Bridgeport and pleaded not guilty to the charges. If convicted, he faces a maximum term of imprisonment of 20 years.
Harris has been detained since his arrest on September 7, 2021.
U.S. Attorney Avery stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Newington and Bristol Police Departments. The case is being prosecuted by Assistant U.S. Attorney Daniel E. Cummings through the Justice’s Department’s Project Safe Neighborhoods (PSN) program.
PSN, the centerpiece of the Department of Justice’s violent crime reduction efforts, 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.
U.S. Attorney Avery thanked the State’s Attorney’s Office for the Judicial District of New Britain for its close cooperation in investigating and prosecuting this matter.
Man Charged Following Seizure of over One Million Suspected Fentanyl PillsRead the Press Release
PHOENIX, Ariz. – Juan Alfonso Torres-Rodriguez, 27, of Mexico, was charged by criminal complaint on March 9, 2023, with one count of Possessing Suspected Fentanyl Pills for Distribution.
The complaint alleges that, on the evening of March 8, 2023, law enforcement officers observed Torres-Rodriguez participating in a suspected drug transaction. Subsequent searches of Torres-Rodriguez’s residence and vehicle led to the seizure of more than one million pills (approximately 108 kilograms of pills), suspected of containing fentanyl. The complaint further alleges that Torres-Rodriguez intended to distribute more than one million fentanyl pills.
A conviction for Possessing 400 Grams or More of Fentanyl for Distribution carries a mandatory minimum sentence of 10 years in prison with a maximum penalty of life in prison, a fine of up to $10,000,000, and five years up to a lifetime of supervised release.
A criminal complaint is merely an allegation of criminal conduct, not evidence. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The investigation was conducted by the United States Drug Enforcement Administration Task Force Group. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: MJ-23-09152-ESW
RELEASE NUMBER: 2023-041_Torres-Rodriguez# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Lowell Postal Carrier Sentenced for Attempting to Bribe Supervisor to Divert Packages of CocaineRead the Press Release
BOSTON – A Lowell postal worker was sentenced today in federal court in Boston for attempting to bribe a postal supervisor and sell them cocaine.
John Noviello, of Nashua, N.H., 61, was sentenced by U.S. District Court Judge Angel Kelley to one day in prison and three years of supervised release, with nine months spent in home detention. On Nov. 1, 2022, Noviello pleaded guilty to one count of bribery of a public official and one count of distribution of cocaine.
Noviello was a mail carrier for the U.S. Postal Service in Lowell. On Feb. 15, 2022, Noviello approached a U.S. Postal supervisor seeking their assistance in a scheme to divert postal packages suspected of containing cocaine. Noviello offered to pay the supervisor $1,750 per kilogram of cocaine successfully obtained from any diverted packages. On Feb. 17, 2022, Noviello left $850 in cash, concealed in a bag, inside the supervisor’s vehicle in an attempt to encourage the supervisor to agree to the scheme. Noviello, referring to the $850, later commented to the supervisor, “that was a nice envelope for starters.” After contacting authorities, the supervisor conducted a controlled purchase from Noviello during which the defendant distributed approximately 3.7 grams of cocaine for $200. Noviello was charged for the offense on May 11, 2022.
United States Attorney Rachael S. Rollins; Matthew Modafferi, Special Agent in Charge of the United States Postal Service, Office of Inspector General, Northeast Area Office; and Ketty Larco Ward, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement. Assistant U.S. Attorney John T. Mulcahy of Rollins’ Narcotics & Money Laundering Unit prosecuted the case.
Lincoln Man Sentenced to 10 Years in Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Travis J. Nyhoff, 41, of Lincoln, Nebraska, was sentenced today in federal court in Lincoln. Senior United States District Judge John M. Gerrard sentenced Nyhoff to 10 years in prison for possession with intent to distribute 50 grams or more of methamphetamine (actual). After serving his sentence, Nyhoff will be placed on supervised release for 5 years. There is no parole in the federal system.
On September 21, 2021, investigators with the Lincoln Police Department saw Nyhoff walking on a sidewalk in Lincoln. The investigators determined that Nyhoff had warrants for his arrest. The investigators contacted Nyhoff at a gas station parking lot. Nyhoff was carrying a backpack with a smaller bag clipped to it. They arrested Nyhoff pursuant to those warrants and searched his person. They found a glass meth pipe with residue on his person. During his arrest, he dropped the backpack he was carrying. Officers searched the bag attached to the backpack and found three baggies containing suspected methamphetamine. Investigators found in the backpack a digital scale with suspected methamphetamine residue. The suspected methamphetamine was sent to the lab for testing. The lab determined that the largest bag contained 60.23 grams of methamphetamine, of which at least 58 grams was actual methamphetamine. The other two bags were confirmed to contain methamphetamine and totaled 80.2 grams.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Lincoln Man Sentenced to 10 Years in Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Daniel Drews, 41, of Lincoln, Nebraska, was sentenced today in federal court in Lincoln. Senior United States District Judge John M. Gerrard sentenced Drews to 10 years in prison for possession with intent to distribute 5 grams or more of methamphetamine (actual) with a prior serious drug felony conviction. Because of Drews’s prior drug trafficking conviction, he faced a 10-year mandatory minimum sentence. After serving his sentence, Drews will be placed on supervised release for 8 years. There is no parole in the federal system.
On May 10, 2022, drug investigators were surveilling a residence in Lincoln. Investigators saw Drews and two others exit the residence and get in the vehicle. Drews got in the passenger side of the vehicle. The vehicle departed and officers followed. Law enforcement stopped the vehicle for a traffic violation, and Drews exited the vehicle and started walking away with a backpack. Officers instructed him not to run, but he ran and threw the backpack on the ground. Drews was eventually apprehended and taken into custody. Officers searched the backpack that he threw on the ground and found two bags of marijuana, a gun, and a knife. Officers searched his person and found two baggies of suspected methamphetamine and $240 in currency. The suspected methamphetamine was sent to the lab for testing. The lab confirmed that there was at least 22.5 grams of methamphetamine, of which at least 21 grams was actual methamphetamine.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force.
Lincoln Man Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Rogelio Torres-Rodriguez, 26, of Lincoln, Nebraska, was sentenced today by Senior United States District Judge John M. Gerrard to three years and four months in federal prison for possession with the intent to distribute 50 grams or more of actual methamphetamine. Following the prison term, Torres-Rodriguez will serve three years on supervised release. There is no parole in the federal system.
On May 25, 2022, the Drug Enforcement Administration, (DEA), intercepted a package at United Parcel Service in Lincoln, and a trained canine indicated the odor of drugs. The Nebraska State Patrol obtained a search warrant for the package which was found to contain approximately four pounds of methamphetamine. Purity testing at the DEA lab showed more than 1.6 kilograms, (approximately 3 ½ pounds), of actual methamphetamine. An undercover DEA agent delivered a similar-looking package containing about half the methamphetamine to the listed address in Lincoln where it was accepted by Torres-Rodriguez. A search warrant was then executed at that residence for the package, and Torres-Rodriguez was arrested. He waived his rights and told investigators he was expecting the package and knew it contained methamphetamine. Torres-Rodriguez said he intended to turn it over to another person who was supposed to pay him for accepting the package.
This case was investigated by the DEA and the Nebraska State Patrol.
KC Man Sentenced to 15 Years for Heroin, Meth Trafficking, Illegal FirearmsRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., was sentenced in federal court today on charges related to heroin and methamphetamine trafficking and to illegally possessing firearms.
Brian K. Tice, 58, was sentenced by U.S. District Judge Gary A. Fenner to 15 years in federal prison without parole.
On July 20, 2022, Tice pleaded guilty to one count of conspiracy to distribute heroin, two counts of possessing heroin with the intent to distribute, one count of possessing methamphetamine with the intent to distribute, one count of possessing firearms in furtherance of a drug-trafficking crime, and one count of being a felon in possession of firearms.
Tice admitted that he received an Express Mail package from California on Feb. 18, 2022, that contained 393.26 grams of heroin. The package was intercepted by a postal inspector, who learned that Tice had been sent 20 similar packages from the same person in California over the previous year. Law enforcement officers set up a controlled delivery of the package to Tice’s residence. When he brought the package inside and opened it, officers executed a search warrant at his residence.
Officers found a loaded Springfield Armory handgun, which was later determined to be stolen, and a loaded Smith & Wesson 9mm handgun on the bed where the controlled delivery parcel was located. Officers also found a Springfield Armory handgun and a Bryco .380-caliber handgun, which was later determined to be stolen, in the closet of the same bedroom. Officers also seized 115 grams of methamphetamine, two grams of crack cocaine, four cell phones and drug paraphernalia.
On March 5, 2022, law enforcement officers arrested Tice when he left a residence they had under surveillance. Officers searched Tice and the vehicle he was in, and seized 84 tablets of benzodiazepines, 69 tablets of Alprazolam, 108 tablets of Zolpidem Tartrate, 24 tablets of Hydrocone, and a vial that contained fentanyl.
Tice had earlier been stopped by a Jackson County sheriff’s deputy, which is the basis for one of the heroin distribution counts. At about 11 p.m. on Sept. 5, 2019, Tice was driving a 2009 Volkswagen Jetta and made a left-hand turn onto Broadway from West 39th Street in Kansas City. The deputy braked to avoid a collision with the Jetta, which continued traveling north on Broadway down the middle of the street. The deputy stopped the vehicle and conducted a series of field sobriety tests, which Tice failed. The deputy arrested Tice for driving under the influence; during a search the deputy found two plastic bags that contained a total of 25 grams of heroin and $3,762 in cash in Tice’s pockets. The deputy also searched Tice’s vehicle and found a grocery sack underneath the driver’s seat that contained a plastic bag with approximately 91 grams of heroin.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Tice has prior felony convictions for sale of a controlled substance and conspiracy to distribute five kilograms or more of cocaine.
This case was prosecuted by Assistant U.S. Attorney Stefan C. Hughes. It was investigated by the U.S. Postal Inspection Service, the Jackson County Drug Task Force and the Jackson County, Mo., Sheriff’s Department.
Justice Department Settles Lawsuit Against Neurosurgeon and his Fiancée Alleging Receipt of Illegal KickbacksRead the Press Release
Dr. Sonjay Fonn and Ms. Deborah Seeger of Cape Girardeau, Missouri, and their professional companies, Midwest Neurosurgeons, LLC and DS Medical, LLC, have agreed to pay $825,000 to resolve a lawsuit alleging that they violated the False Claims Act by soliciting and receiving kickbacks from spinal implant companies.
The Justice Department’s lawsuit alleged that Dr. Fonn, Ms. Seeger, Midwest Neurosurgeons, and DS Medical solicited and received remuneration from spinal implant companies in return for arranging for the use of those companies’ products in Dr. Fonn’s surgeries, in violation of the Anti-Kickback Statute. The Anti‑Kickback Statute prohibits soliciting or receiving anything of value in return for the referral of items or services covered by federal health care programs. The statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives.
“The Anti-Kickback Statute plays a critical role in ensuring the integrity of medical care provided to federal health care program beneficiaries,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Treatment decisions should be determined by beneficiaries’ medical needs, not by kickbacks provided to their surgeon.”
“This case took nearly a decade of hard work by my office, the whistleblowers, the Departments of Justice and Health and Human Services, the FBI and the Missouri Attorney General’s Office,” said U.S. Attorney Sayler A. Fleming for the Eastern District of Missouri. “The U.S. Attorney’s Office will always vigorously pursue anyone who fraudulently obtains taxpayer money and defrauds Medicare and Medicaid.”
“Medical providers who accept kickbacks put personal financial gain before the needs of their patients. This behavior can harm patients and undermines the integrity of federal health care programs,” said acting Special Agent in Charge Linda Hanley of the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG is proud to work alongside our federal and state partners to protect our programs from fraud and ensure that patient needs drive provider decisions.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Paul Cairns, Dr. Terry Cleaver, Dr. Kyle Colle, Dr. Scott Gibbs, Dr. Paul Tolentino, Dr. Kevin Vaught, and Daniel Henson. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The share to be paid to the private parties has not yet been determined in this matter.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the United States Attorney’s Office for the Eastern District of Missouri, with assistance from the FBI, the HHS-OIG, and the Medicaid Fraud Control Unit of the Missouri Attorney General’s Office.
The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The matter was handled by Fraud Section Attorneys Diana Cieslak, David Finkelstein, and James Nealon, and Assistant U.S. Attorney Joshua Jones for the Eastern District of Missouri.
The case is captioned United States ex rel. Cairns, et al. v. DS Medical, LLC, et al., 1:12-cv-0004-LPR (E.D. Mo.).
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Justice Department Announces Charges and Sentence in Connection with Iranian Procurement Network’s Attempts to Acquire Sophisticated Military TechnologyRead the Press Release
A federal court in the District of Columbia unsealed two indictments yesterday charging multiple defendants with violations of the Arms Export Control Act (AECA) and the International Emergency Economic Powers Act (IEEPA) for their roles in separate schemes to procure and export U.S. technology to Iran between 2005 and 2013. In connection with this announcement, the Department of Treasury’s Office of Foreign Assets Control designated three of the defendants and four entities for their involvement in the procurement of equipment that supports Iran’s ballistic missile and unmanned aerial vehicle (UAV) and weapons programs.
United States v. Paidar, et al.
According to the indictment, between 2012 and 2013, defendants Amanallah Paidar, of Iran, and Murat Bükey, of Turkey, conspired to procure and export U.S. technology for Iran through their companies Farazan Industrial Engineering, in Iran, and Ozon Spor Ve Hobbi Ürünleri, in Turkey. Specifically, Paidar and Bükey exported from the United States and transshipped through Turkey a device that can test the efficacy and power of fuel cells and attempted to obtain a bio-detection system that has application in weapons of mass destruction (WMD) research and use.
Bükey, who was extradited to the United States from Spain in July 2022, pleaded guilty to conspiring to violate the AECA and IEEPA in December 2022. He was sentenced on March 20 in the U.S. District Court for the District of Columbia to 28 months in prison, with credit for time served. He will be removed from the United States after completing his sentence. Paidar is a fugitive and remains at large.
United States v. Mahmoudi, et al.
According to the indictment, between 2005 and 2009, defendants Agshar Mahmoudi, of Iran; Bahram Mahmoudi Mahmoud Alilou, of Iran; and Shahin Golshani, of the United Arab Emirates (UAE); conspired to obtain U.S. technology, including a high-speed camera that has known nuclear and ballistic missile testing applications, a nose landing gear assembly for an F-5 fighter jet, and a meteorological sensor system, through their companies Aran Modern Devices Kish Company, in Iran; and Modern Technologies, in the UAE. The defendants are fugitives and remain at large.
“The defendants’ efforts to unlawfully export advanced U.S. technology that could benefit the Iranian regime’s military and weapons of mass destruction research pose a threat to all Americans,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department will steadfastly pursue and bring to justice anyone who violates U.S. export laws and harm our nation’s security.”
“With the help of our U.S. agency and international partners, the FBI thwarted an attempt to export advanced, American controlled, technological systems and goods,” said Assistant Director Alan E. Kohler Jr. of the FBI Counterintelligence Division. “The FBI will not stand idly while hostile countries attempt to evade our laws and circumvent U.S. sanctions and we will work tirelessly to stop such activity. This sentencing further illustrates our willingness to reach beyond our borders, to protect American interests, and bring all offenders to justice.”
“These defendants sought to obtain valuable U.S.-origin goods that could assist Iran’s military and WMD aspirations, and in some instances, they were successful,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “The U.S. Attorney’s Office for the District of Columbia and our federal law enforcement partners will zealously pursue those who break these laws and harm our national security interests, regardless of where in the world they operate."
“The sentencing of Murat Bukey and the charging of four others with conspiring to illegally export technologies and goods to Iran demonstrates our determination to hold those who attempt to circumvent U.S. export laws and sanctions accountable,” said Assistant Director in Charge David Sundberg of the FBI Washington Field Office. “Export controls exist to protect the security of the United States and its people, and we will aggressively investigate those who threaten our national security by violating these laws. We are grateful to our international partners for their assistance in dismantling this scheme and bringing the defendant to justice.”
The FBI, Homeland Security Investigations, and the Commerce Department’s Bureau of Industry, Office of Export Enforcement are investigating these cases.
Assistant U.S. Attorney Tejpal S. Chawla for the District of Columbia and Senior Trial Attorney Heather Schmidt of the National Security Division’s Counterintelligence and Export Control Section are prosecuting these cases, with support from Paralegal Specialist Michael Watts and Mariela Andrade. The Justice Department’s Office of International Affairs provided substantial assistance in securing Bükey’s arrest and extradition.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Jury convicts Browning man of raping girl on Blackfeet Indian ReservationRead the Press Release
GREAT FALLS — A federal jury today convicted a Browning man who was accused of raping a girl in Heart Butte, on the Blackfeet Indian Reservation, U.S. Attorney Jesse Laslovich said.
After a two-day trial that began on March 21, the jury found William Ronald Blackman, 31, guilty of attempted sexual abuse and two counts of sexual abuse as charged in a superseding indictment.
Blackman faces a maximum of life in prison, a $250,000 fine and not less than five years to a lifetime of supervised release.
Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other sentencing factors. Sentencing was set for Aug. 10. Blackman was released pending further proceedings.
“Blackman repeatedly took advantage of a teenage girl for his own sexual gratification, which is something she will have to continue to overcome for the rest of her life. While the jury got it right, Blackman’s actions permanently harmed a child and unfortunately, no guilty verdict will change that. But the guilty verdicts rightly hold Blackman accountable. I am extremely grateful to Assistant U.S. Attorney Ryan G. Weldon, along with the FBI, for their diligent work on this case,” U.S. Attorney Laslovich said.
In court documents and at trial, the government alleged that Blackman sexually abused the victim, identified as Jane Doe, on three occasions when she was physically incapable of declining participating in a sexual act. Jane Doe, who was approximately 15 years old at the time, had passed out from alcohol intoxication and woke up to Blackman sexually abusing or having intercourse with her. The assaults occurred in 2019 and 2020. The victim ultimately reported the sexual abuse to a counselor.
Assistant U.S. Attorney Ryan G. Weldon is prosecuting the case, which was investigated by the FBI.
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Jury Finds Defendant Guilty in Staged Armored Truck Robbery of $1.9 MillionRead the Press Release
CHARLESTON, SOUTH CAROLINA —Terry Tyrone Pollard, 27, of Cedartown, Georgia, was convicted following a jury trial in federal court for conspiracy to commit bank larceny and bank larceny. The convictions arose from a January 2021 incident during which Pollard and his four codefendants staged an armed robbery of a Garda armored cash transport truck carrying $1.9 million in North Charleston, South Carolina. Pollard’s codefendants—Quantavius Murphy, 22, Anthony Burge, 24, and Thomas Calhoun, 21, all of Cedartown, Georgia, and James Sewell, 27, of North Charleston—all previously pleaded guilty to the charges.
Evidence presented by the Government at trial established that in early January 2021, Sewell, a Garda armored truck driver, recruited Pollard and the other codefendants to stage his robbery. After formulating the plan over Snapchat, Pollard, Murphy, Burge, and Calhoun traveled from Cedartown to Sewell’s apartment in North Charleston on January 15, 2021. Later that day, they drove around North Charleston looking for the best location to stage the theft. On January 16, 2021, Sewell parked his truck full of money outside an ATM in North Charleston. Pollard and the other codefendants approached Sewell and pretended to restrain him at gunpoint. They then loaded $1.9 million in cash into black trash bags and immediately fled back to Cedartown.
Investigators were able to determine the codefendants’ cell phone numbers and obtain cell site location data from service providers. The cell site location data confirmed the codefendants’ path of travel from Cedartown in the early morning hours of January 15, their location in the vicinity of Sewell’s apartment the day before the theft, and their joint path of travel back to Cedartown following the theft on January 16. Evidence presented to the jury revealed that several hours after the bank larceny, Calhoun posted a Snapchat video of Pollard holding a large stack of stolen cash in front of his face.
The jury deliberated for eight minutes before returning a guilty verdict against Pollard on both counts of the indictment.
“Prosecuting violent crime is one of the U.S. Attorney’s Office’s top priority,” said United States Attorney Adair F. Boroughs. “We appreciate the work of the FBI, North Charleston Police Department, and Cedartown Police Department in this case and their commitment to holding these defendants accountable.”
“The FBI is committed to thoroughly investigating violent crime, to include armored car robberies, and pursuing all who perpetrate those offenses,” said Acting Special Agent in Charge of the FBI Columbia field office, Paul “Reid” Davis. “This conviction sends a strong message that our office, along with the U.S. Attorney’s Office, will not waver in the pursuit of justice.”
Representatives from the North Charleston Police Department stated that they are pleased that a jury held Pollard responsible for traveling from out of state to commit a serious crime in North Charleston and are thankful for the assistance from and collaboration with the USAO and the FBI.
United States District Judge Bruce H. Hendricks presided over the trial and will sentence Pollard and his codefendants after receiving and reviewing pre-sentence reports prepared by the United States Probation Office. Pollard faces a maximum penalty of 10 years in federal prison, and a fine of $500,000 in addition to restitution for money stolen during the incident.
The case was investigated by the Federal Bureau of Investigation (FBI), the North Charleston Police Department, and the Cedartown Police Department. Assistant United States Attorneys Chris Lietzow, Emily Limehouse, and Allessandra Stewart prosecuted the case.
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Jury Convicts KC Man of Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man has been convicted at trial of illegally possessing a firearm after he pointed his pistol at an ex-girlfriend’s head and threatened to kill her, then crashed into several vehicles while attempting to flee from law enforcement officers.
Jonathan Good, 31, was found guilty of being a felon in possession of a firearm on Tuesday, March 21. Evidence introduced during the trial indicated that Good was in possession of a Taurus 9mm handgun on July 29, 2020.
Kansas City police officers were called to a residence on July 29, 2020. A woman at the residence reported that Good had arrived on her front porch, drunk and belligerent, at about 11:24 p.m., waving a gun around and yelling. She told him to leave, after which she heard a single gunshot from the front porch. She followed Good to his car, where he pointed his pistol at her head and threatened to kill her. Good got into his silver Ford Mustang and left as officers were arriving.
A Kansas City police officer was parked in front of the victim’s residence at approximately 11:47 p.m. Good returned to the scene in his Ford Mustang, then shifted into reverse and began driving away. When Good reached the intersection of 72nd Steet and Walrond, he shifted his car into drive and drove south on Walrond. Officers pursued Good, who was driving at 60 miles per hour. Good failed to stop at one stop sign before losing control of his vehicle. Good’s vehicle hit the sidewalk then spun and collided with one vehicle parked on Walrond before slamming into another two vehicles parked in a residential driveway, where it was disabled. Good was arrested and transported to a local hospital to check for injuries. While at the hospital, when staff lifted him off the gurney onto the hospital bed, they found three live rounds of 9mm ammunition.
At approximately 1 a.m. on July 30, 2020, officers searched Good’s residence and found the loaded Taurus 9mm pistol hidden inside an old charcoal grill with the legs missing, which was sitting on the grass in the front yard. Forensic investigators indicated a DNA sample recovered from the trigger guard of the pistol implicated Good as a major contributor. The KCPD expert testified the genetic information from the trigger was 7 octillion times more likely to be observed if Jonathan Good and four unknown individuals are the contributors than if five individuals are the contributors.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of a firearm or ammunition. Good has three prior felony convictions for domestic assault, two prior felony convictions for unlawful use of a weapon, and prior felony convictions for armed criminal action, violating an order of protection, and domestic assault.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for 30 minutes before returning guilty verdicts to U.S. Chief District Judge Beth Phillips, ending a trial that began Monday, March 20.
Due to his prior felony convictions, Good is classified as an armed career criminal. Under federal statutes, Good is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Stefan C. Hughes and Special Assistant U.S. Attorney Brandon E. Gibson. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Operation LeGend
Operation LeGend is a federal partnership with local law enforcement to address the increase in homicides and violent crime in Kansas City, Mo., in 2020. The operation honors the memory of four-year-old LeGend Taliferro, one of the youngest fatalities during a record-breaking year of homicides and shootings. Additional federal agents were assigned to the operation from the FBI, Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals Service.
Jackson Man Pleads Guilty to Conspiracy to Commit Bank FraudRead the Press Release
Jackson, Miss. – A Jackson man pleaded guilty to conspiracy to commit bank fraud, announced U.S. Attorney Darren J. LaMarca of the Southern District of Mississippi and Special Agent in Charge David Denton of Homeland Security Investigations
According to court documents, Deonta Miller, 36, conspired with two other individuals to obtain automobile loans through fraudulent means. Miller used a false name, social security number, driver’s license, and utility bill, to obtain a loan for a car. It is contrary to federal law to use false information to obtain a bank loan.
Miller is scheduled to be sentenced on June 20, 2023 and faces a maximum penalty of 30 years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Madison Police Department and Homeland Security Investigations are investigating the case.
Assistant U.S. Attorney Charles W. Kirkham is prosecuting the case.
Hot Springs Man Sentenced to More Than 10 Years in Federal Prison for Drug Trafficking and Firearms PossessionRead the Press Release
HOT SPRINGS – A Hot Springs man was sentenced today to 130 months in prison followed by four years of supervised release on one count of Possession with Intent to Distribute Methamphetamine and Possession of a Firearm in Furtherance of a Drug Trafficking Offense. The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearing in the U.S. District Court in Hot Springs.
According to court documents, George Monroe Walston, age 51, was identified by law enforcement to be distributing methamphetamine in Hot Springs, Arkansas area. Between the months of May 2021 and October 2021, investigators were able to conduct multiple controlled purchases of methamphetamine from Walston.
On April 19, 2021, a search was conducted at Walston’s residence, resulting in investigators locating and seizing approximately 205.3 grams of a mixture or substance containing a detectable amount of methamphetamine, located in various locations throughout the residence; approximately 359.7 grams of marijuana; nineteen (19) individual dosage units of Lysergic Acid Diethylamide (aka “LSD” or “Acid”); $6,330 United States Currency; and ten (10) firearms, including five (5) handguns, two (2) shotguns, and three (3) rifles; and various ammunition for the recovered firearms.
The methamphetamine and the LSD recovered and seized, was subsequently forwarded to the Drug Enforcement Administration Laboratory for confirmatory testing.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The Drug Enforcement Administration, Homeland Security Investigations Little Rock, Hot Springs Police Department, Garland County Sheriff’s Department and 18th East Judicial District Drug Task Force investigated the case.
Assistant U.S. Attorney Bryan Achorn and Special Assistant U.S. Attorney Trent Daniels prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Grand jury indicts 3 local men for fentanyl, firearms crimes within 1,000 feet of public elementary schoolsRead the Press Release
DAYTON, Ohio – A federal grand jury has charged area men in two separate cases involving drugs sold near elementary schools in Springfield and Vandalia.
Robert Holmes, 39, and Jamel Williams, 37, both of Springfield, are charged together in one indictment with conspiring to possess with the intent to distribute 400 grams or more of fentanyl and 500 grams or more of cocaine.
It is alleged their drug trafficking took place within 1,000 feet of Fulton Elementary School on S. Yellow Springs St. in Springfield.
Holmes and Williams also allegedly possessed firearms in furtherance of their drug trafficking, which legally qualifies as a serious drug offense.
As part of this investigation, law enforcement officials seized five firearms, including an assault rifle, more than one kilogram of fentanyl, three kilograms of cocaine, and more than $143,000 in cash from Holmes’s property and vehicle near the school.,
If convicted, Holmes and Williams face a mandatory minimum of 10 years and up to life in prison for drug offenses and a potential consecutive mandatory minimum of five years and up to life in prison for firearms offenses.
Jason Glanton, 34, of Vandalia, allegedly distributed fentanyl within 1,000 feet of Helke Elementary School on Randler Avenue in Vandalia.
Glanton’s indictment alleges he possessed and distributed fentanyl and owned a firearm in furtherance of his serious drug offense.
While executing a search warrant, agents seized nine firearms and $21,000 in cash from Glanton.
The grand jury returned both indictments on March 14. Glanton appeared in federal court yesterday and Holmes and Williams appeared in federal court this afternoon. Their cases were subsequently unsealed.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Orville O. Greene, Special Agent in Charge, Drug Enforcement Administration; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Dayton Police Chief Kamran Aftal announced the charges. Assistant United States Attorney Kelly K. Rossi is representing the United States in this case.
An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.
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Grand Jury - March 2023Read the Press Release
United States Attorney Steven Russell announced the federal Grand Jury for the District of Nebraska has returned 16 unsealed Indictments charging 16 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.
* Angelica Agena, age 40, of Lincoln, Nebraska, is charged with possession with intent to distribute 5 grams or more of methamphetamine (actual) on or about June 29, 2022. The penalty if convicted is not less than 5 years’ and up to 40 years’ imprisonment, a $5,000,000 fine, not less than four years and up to a life term of supervised release, and a $100 special assessment.
* Victor Hugo Cansino Monzon, age 29, is charged in a two-count Indictment. Count I charges Cansino Monzon with illegal reentry after deportation on or about March 6, 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. Count II charges Cansino Monzon with resisting, opposing, impeding and interfering with an officer on or about March 6, 2023. The maximum possible penalty if convicted is 1 year imprisonment, a $100,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Estefan Bernardino Chavez, age 29, of Norfolk, Nebraska, is charged with production of child pornography beginning on or about January 31, 2023 and continuing to on or about February 28, 2023. The maximum possible penalty if convicted is not less than 15 years’ and not more than 30 years’ imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $55,100 in special assessments.
* Luis Duran, a/k/a Luis Duran-Salcedo, age 20, of Omaha, Nebraska, is charged with assault of a dating partner by strangulation or suffocation on the Winnebago Indian Reservation on or about March 16, 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.
* Matthew McCann, age 35, of Omaha, Nebraska, is charged in a two-count Indictment. Count I charges McCann with distribution of child pornography with a prior conviction on or about January 7, 2023. The maximum possible penalty if convicted is not less than 15 years’ and not more than 40 years’ imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $40,100 in special assessments. Count II charges McCann with possession of child pornography with a prior conviction on or about January 7, 2023. The maximum possible penalty if convicted is not less than 10 years’ and not more than 20 years’ imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $22,100 in special assessments.
* Fernando Montoya-Amezcua, age 46, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about March 14, 2023. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency and property seized on or about March 14, 2023.
* Carmen Perez Catu a/k/a Jess Manuel Calvillo, age 39, is charged with illegal reentry after deportation on or about May 9, 2022. 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.
* Edgar Ignacio Salas Zarate, age 30, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about December 7, 2022. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment.
* Tobin R. Schaneman, age 45, is charged as a felon in possession of a firearm on or about March 25, 2022. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Adan Silva-Valencia, age 43, is charged with illegal reentry of a removed alien after a felony conviction beginning on or about September 11, 2022 and continuing to on or about March 7, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Juan Carlos Tapia-Torres, age 43, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about March 14, 2023. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $5,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment.
* David Valdez Ramirez, age 35, is charged in a two-count Indictment. Count I charges Valdez Ramirez with illegal reentry after a felony conviction on or about March 6, 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 Valdez Ramirez with resisting, opposing, impeding and interfering with an officer on or about March 6, 2023. The maximum possible penalty if convicted is 1 year imprisonment, a $100,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Nicolas Vicente Lares, age 25, is charged with illegal reentry after being removed as an alien on or about March 1, 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.
* Steven Owen Watson, age 46, of Lincoln, Nebraska, is charged with possession with intent to distribute 5 grams or more of methamphetamine (actual) and 50 grams or more of methamphetamine (mix) on or about September 26, 2022. The penalty if convicted is not less than 5 years’ and up to 40 years’ imprisonment, a $5,000,000 fine, not less than four years and up to a life term of supervised release, and a $100 special assessment.
* Cameron Woods, age 44, of Omaha, Nebraska, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) with prior drug felony on or about April 16, 2022. The penalty if convicted is not less than 15 years’ and up to life imprisonment, a $20,000,000 fine, not less than ten years and up to a life term of supervised release, and a $100 special assessment.
* Domingo Zetino Hernandez, age 20, of Norfolk, Nebraska, is charged in a two-count Indictment. Count I charges Zetino Hernandez with false representation of a social security number with intent to deceive on or about December 5, 2022. The maximum possible penalty if convicted is a 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Zetino Hernandez with use of false immigration documents not lawfully issued on or December 5, 2022. The maximum possible penalty if convicted is a 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Georgia Man Who Supplied Bridgeport Gang Members with Firearms Sentenced to More Than 7 Years in PrisonRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that STEPHFAN SANDERSON, also known as “Birdy” and “Beans, 25, of Covington, Georgia, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 92 months of imprisonment, followed by three years of supervised release, for trafficking firearms into Connecticut.
According to court documents and statements made in court, the FBI, ATF, DEA, U.S. Marshals Service and Bridgeport Police have been investigating multiple Bridgeport-based gangs whose members are involved in narcotics trafficking, murder and other acts of violence. From at least 2017 until his arrest on November 12, 2020, Sanderson, who formerly resided in Bridgeport, procured at least 25 firearms in Georgia and Alabama and distributed them to individuals he had reason to know would commit felonies with those firearms, including members of the “Greene Homes Boyz” (“GHB/Hotz”) and Original North End (“O.N.E.”) street gangs in Bridgeport.
Some of the firearms Sanderson trafficked contained switches that converted the guns to fully automatic machine guns. On October 4, 2018, Undrea Kirkland, also known as “Spooda,” used one of the machine guns Sanderson supplied to fire 32 shots at rival gang members in the vicinity of the Greene Homes Housing Complex in Bridgeport. Although one of the intended targets received minor injuries, most of the shots missed and traveled into a nearby residence. A man in the kitchen of the residence was struck in the back by one of the bullets.
Another firearm that Sanderson trafficked was recovered in May 2022 and has been linked to two separate shootings and one homicide.
Sanderson has been detained since his arrest. On November 15, 2022, he pleaded guilty to one count of crossing state lines with the intent to engage in the unlicensed dealing of firearms.
Kirkland, who admitted his involvement in several gang-related shootings, pleaded guilty to conspiracy to engage in a pattern of racketeering activity. On April 22, 2022, he was sentenced to 210 months of imprisonment.
This investigation is being conducted by the FBI’s Safe Streets and Violent Crimes Task Forces, ATF, DEA, U.S. Marshals Service, Bridgeport Police Department, Connecticut State Police and the Bridgeport State’s Attorney’s Office, with the assistance of the U.S. Postal Inspection Service, Connecticut Forensic Science Laboratory and the Stratford and Naugatuck Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Rahul Kale, Jocelyn C. Kaoutzanis, Stephanie T. Levick and Karen L. Peck.
This prosecution is a part of the Justice’s Department’s Project Safe Neighborhoods (PSN), Project Longevity and Organized Crime Drug Enforcement Task Forces (OCDETF) programs.
PSN is 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.
Project Longevity is a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to commit violence and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it. If a group member elects to engage in gun violence, the focused attention of federal, state and local law enforcement will be directed at that entire group.
OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Former West Haven City Employee Sentenced to 13 Months in Federal Prison for Stealing COVID-19 Relief FundsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that JOHN BERNARDO, 66, of West Haven, was sentenced today by U.S. District Judge Omar A. Williams in Hartford to 13 months of imprisonment, followed by three years of supervised release, for participating in a scheme to steal COVID-19 relief funds from the City of West Haven.
According to court documents and statements made in court, Bernardo was employed by the City of West Haven as a Housing Specialist in the office of Community Development Administration. Michael DiMassa was also employed by the City of West Haven, most recently serving as the Administrative Assistant to the City Council, and was a Connecticut State Representative.
In April 2020, the State of Connecticut was allocated money by the U.S. Department of the Treasury through the Coronavirus Relief Fund (“CRF”), which was established by the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) for the purpose of helping local governments pay costs incurred in responding to the COVID-19 pandemic. From July 2020 through September 2021, the City of West Haven received approximately $1,150,257 in financial assistance from this fund. DiMassa, who was authorized to approve the designated relief funds for the reimbursement of COVID-related expenditures incurred by West Haven, conspired with Bernardo, John Trasacco, and DiMassa’s now wife, Lauren DiMassa, to steal these funds and other West Haven funds through the submission of fraudulent invoices, and subsequent payment, for COVID relief goods and services that were never provided.
In January 2021, DiMassa and Bernardo formed Compass Investment Group, LLC. Beginning in February 2021, Compass Investment Group LLC fraudulently billed the City of West Haven and its “COVID-19 Grant Department” for consulting services purportedly provided to the West Haven Health Department that were not performed. From February 2021 through September 2021, the City of West Haven paid Compass Investment Group a total of $636,783.70. Bernardo received a portion of these funds. DiMassa made several large cash withdrawals from the Compass Investment Group LLC bank account, some of which were made shortly before or after he was recorded as having made a large cash “buy-in” of gaming chips at the Mohegan Sun Casino.
Judge Williams ordered Bernardo to pay $58,927.25 in restitution.
Bernardo was arrested on November 4, 2021. On June 14, 2022, he pleaded guilty to one count of conspiracy to commit wire fraud.
Bernardo, who is released on a $250,000 bond, is required to report to prison on May 22.
On November 1, 2022, DiMassa pleaded guilty to three counts of conspiracy to commit wire fraud. He is awaiting sentencing and has agreed to pay restitution of $1,216,541.80.
On December 2, 2022, a jury found Trasacco, whose companies received approximately $431,982 through this scheme, guilty of one count of conspiracy to commit wire fraud and one count of wire fraud. He is awaiting sentencing.
On July 12, 2022, Lauren DiMassa, who received $147,776 through this scheme, pleaded guilty to one count of conspiracy to commit wire fraud. She is scheduled to be sentenced tomorrow at 10 a.m.
This matter has been investigated by the Federal Bureau of Investigation and the U.S. Department of Housing and Urban Development – Office of Inspector General for Investigations. The case is being prosecuted by Assistant U.S. Attorneys Ray Miller and David Sheldon.
Individuals with information about allegations of attempted fraud involving COVID-19 are encouraged to report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721, or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Former Warren County Businessman Sentenced to Three Years in Prison for Fraudulently Obtaining $1.8 Million in COVID-19 Loans Meant for Small BusinessesRead the Press Release
NEWARK, N.J. – A Warren County, New Jersey, businessman was sentenced today to 36 months in prison for fraudulently obtaining nearly $1.8 million in federal Paycheck Protection Program (PPP) loans, U.S. Attorney Philip R. Sellinger and Assistant Attorney General Kenneth A. Polite, Jr., of the Justice Department’s Criminal Division announced.
Rocco A. Malanga, 39, formerly of Hackettstown, New Jersey, pleaded guilty by videoconference on June 28, 2022, before U.S. District Judge Julien X. Neals to an information charging him with one count of bank fraud and one count of money laundering. Judge Neals imposed the sentence today in Newark federal court.
According to documents filed in the case and statements made in court:
From April 2020 through August 2020, Malanga submitted false documentation to three lenders to fraudulently obtain approximately $1.8 million in federal COVID-19 emergency relief funds meant for distressed small businesses. He submitted at least three PPP loan applications on behalf of three different business entities in which he fabricated the number of employees employed by each business entity, as well as their average monthly payroll. Malanga then diverted some of the proceeds from the loans to fund a business that did not receive PPP loan funds.
In addition to the prison term, Judge Neals sentenced Malanga to three years of supervised release and ordered $1.8 million in restitution and $1.8 million in forfeiture.
U.S. Attorney Sellinger and Assistant Attorney General Polite credited special agents of IRS – Criminal Investigation, under the direction of Acting Special Agent in Charge Tammy L. Tomlins; postal inspectors of the U.S. Postal Inspection Service in Newark, under the direction of Inspector in Charge Christopher A. Nielsen, Philadelphia Division; special agents of the Office of Inspector General for the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection, under the Direction of Acting Special Agent in Charge Stephen Donnelly; special agents of the Federal Deposit Insurance Corporation, Office of Inspector General, under the direction of Special Agent in Charge Patricia Tarasca, New York Region; and special agents of the Social Security Administration, Office of the Inspector General, under the direction of Special Agent in Charge Sharon MacDermott, with the investigation leading to the today’s sentencing.
The government is represented by Assistant U.S. Attorney Blake Coppotelli of the District of New Jersey and Trial Attorney Della Sentilles of the Fraud Section of the Department of Justice.
Former Tyngsborough Police Officer Sentenced for Bank Fraud and National Firearms Act ViolationsRead the Press Release
BOSTON – A former Tyngsborough police officer was sentenced today in federal court in Boston.
Daniel Whitman, 39, of Salisbury, was sentenced by U.S. District Court Judge Patti B. Saris to one year and one day in prison and two years of supervised release. Whitman was also ordered to pay a $20,000 fine. In October 2022, Whitman pleaded guilty to one count of bank fraud conspiracy; two counts of bank fraud; two counts of making false statements to a bank; one count of possession of an unregistered firearm; one count of conspiracy to violate provisions of the National Firearms Act (NFA); one count of making a firearm in violation of the NFA; and one count of transferring a firearm in violation of the NFA.
Whitman was a police officer with the Tyngsborough Police Department and the owner of Hitman Firearms, LLC, a retail gun shop in Tyngsborough. Whitman created Freedom Alley Shooting Sports LLC, which he envisioned as a large indoor shooting range that would serve regional and international customers and offer shooting clinics and other services. Whitman and his co-conspirator, Bin Lu, brought in a Chinese investor who contributed several million dollars to Freedom Alley in exchange for a majority interest in the company. However, in applying for loans from federally insured banks to fund the construction of Freedom Alley, Whitman hid the true source of their initial funding from the banks and filed false documents in connection with their loan applications.
In addition, Whitman knowingly made, possessed and transferred firearms that had been modified by the addition of stocks and short barrels, resulting in their classification as short-barreled rifles (SBR) under the NFA. These SBRs were not properly registered in the National Firearms Registration and Transfer Record as required by the NFA, nor did Whitman pay the applicable taxes or fulfill other requirements under the NFA.
In June 2021, Lu pleaded guilty to one count of conspiracy to commit bank fraud and one count of possession of an unregistered firearm. He is scheduled to be sentenced on April 6, 2023.
United States Attorney Rachael S. Rollins; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England; Jonathan Davidson, Special Agent in Charge of U.S. Department of State’s Diplomatic Security Service, Boston Field Office; Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service in Boston; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. The Tyngsborough and Westford Police Departments provided special assistance in this case. Assistant U.S. Attorneys Evan D. Panich of Rollins’ Criminal Division, Christine J. Wichers of Rollins’ Public Corruption & Special Prosecutions Unit and Eugenia M. Carris, Deputy Chief of Rollins’ Public Corruption & Special Prosecutions Unit, prosecuted the case.
Former Rochester Pawn Shop Owner Going to Prison for Selling Stolen GoodsRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Devin Tribunella, 39, of Rochester, NY, who was convicted of transportation of stolen goods in interstate commerce, was sentenced to serve 48 months in prison by U.S. District Judge Charles J. Siragusa. Tribunella was also ordered to forfeit a 2008 Lamborghini, a 2014 Mercedes Benz, a 2014 Rolls Royce, a 2015 Porsche, the contents of three bank accounts totaling $155,182.87, and a $1,600,000 money judgment.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that Tribunella owned and operated Royal Crown Pawn & Jewelry on Dewey Avenue in Rochester. Tribunella and an employee purchased stolen goods and merchandise from individuals, commonly referred to as “boosters,” who shoplifted the goods and merchandise from Rochester area retail stores. Tribunella routinely advised the boosters what type of merchandise to steal from the retail stores, such as Lowes, Home Depot, Target, and Walmart, and then paid the boosters a fraction of the true retail value for the goods. Tribunella listed the stolen goods for sale on eBay, advertising the goods as “New” or “New-In-Box” and priced below retail value. Between January 2017, and November 2019, Tribunella sold and shipped (or caused to be shipped) approximately $3,248,426 worth of those stolen goods to buyers located outside of New York State.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Office; the Rochester Police Department, under the direction of Chief David Smith; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Greece Police Department, under the direction of Chief Michael Wood. Additional assistance was provided by the Monroe County District Attorney’s Office.
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Former Missoula nurse sentenced for felony diversion of drugsRead the Press Release
MISSOULA — A former Missoula nurse who admitted to diverting opioid drugs while working at St. Patrick Hospital was sentenced today to three years of probation, U.S. Attorney Jesse Laslovich said.
Caitlin Ashley Evans, 37, pleaded guilty in November 2022 to obtaining controlled substances by fraud, deception and subterfuge.
U.S. District Judge Donald W. Molloy presided.
In court documents, the government alleged that in October 2021, a St. Patrick Hospital official reviewed drug distribution data and discovered that Evans was ordering opiates, including oxycodone, hydromorphone, hydrocodone, and fentanyl, at much higher rates and in greater amounts than her peers. Another nurse also reported suspicious activity by Evans to her supervisor. Hospital administrators spoke with Evans, who admitted to diverting drugs from the hospital while working since the fall of 2020. Evans explained that she had been taking waste amounts of hydromorphone and morphine two to three times a week by exchanging the drugs for saline before disposing of them.
Assistant U.S. Attorney Karla E. Painter prosecuted the case, which was investigated by the Drug Enforcement Administration and Montana Division of Criminal Investigation.
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Former Mayor of Les Irois, Haiti Arrested for Visa FraudRead the Press Release
BOSTON – The former Mayor of Les Irois, Haiti was indicted today for illegally obtaining a Permanent Resident Card (commonly referred to as a Green Card) by means of a false statement, specifically, that he had not ordered, carried out or materially assisted in extrajudicial and political killings and other acts of violence against the Haitian people.
Jean Morose Viliena, 50, was indicted on three counts of visa fraud and will appear in federal court in Boston today later today.
“The atrocities alleged here – the extrajudicial torture, murder and attempted murder of multiple people – are hard to comprehend. But the political corruption and violence endured in other parts of the world are very real. Immigrants seeking asylum in the United States are often fleeing war, persecution or natural disaster. That this defendant, a former Mayor in Haiti, is alleged to have personally committed or ordered the maiming, harm, humiliation or death of his adversaries and then blatantly deceived our country to seek refuge here is not only unacceptable, it is a crime. Moments ago, he was arrested and officially charged with visa fraud. We intend to hold him accountable for this crime,” said United States Attorney Rachael S. Rollins. “Gaining lawful entry into our country is a privilege, not a right. Our nation offers protection, assistance and asylum to those who are persecuted. People that perpetrate acts of violence and harm in their countries — and then allegedly lie about their conduct to US immigration officials — are not welcome here.”
“Today’s indictment recounts horrific violence Viliena is alleged to have committed against the people of Haiti, both through armed groups he directed and by his own hand,” said Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England. “He’s alleged to have lied about this violent past, evading the consequences of his actions and beginning a life here in Massachusetts. With today’s indictment and arrest, Viliena is finally facing federal criminal charges for his lies.”
According to court documents, Viliena was the former mayor of Les Irois, Haiti from December 2006 until at least February 2010. As a candidate and as a Mayor, Viliena was backed by a political machine called Korega, which exerts power throughout the southwestern region of Haiti through armed violence. Viliena personally supervised his mayoral staff and security detail and led an armed group in Les Irois aligned with Korega. Under Viliena’s direct supervision, the Korega militia enforced Viliena’s policies by various means, including by targeting political opponents in Les Irois through armed violence.
According to the indictment, as Mayor, Viliena was involved in several instances of violence. The first allegedly occurred in or around July 27, 2007 when a witness spoke at a judicial proceeding in Les Irois on behalf of a neighbor who had been assaulted by Viliena. In reprisal for that testimony, that evening, Viliena allegedly led an armed group to that witness’ home, where Viliena and his associates shot and killed the witness’ younger brother, and then smashed his skull with a large rock before a crowd of bystanders.
The second incident allegedly occurred in or around March 2008, when a group of local journalists and activists founded a community radio station. According to court documents, Viliena opposed establishment of the radio station and, on April 8, 2008, mobilized members of his staff and the Korega militia to forcibly shut down the radio station and seize its broadcasting equipment. At that time, Viliena distributed firearms to the Korega militia members, some of whom also carried machetes, picks, and sledgehammers.
On the day of the attack on the radio station, Viliena allegedly pistol-whipped an individual with his gun and struck him with his fists. When the individual tried to flee, it is alleged that Viliena ordered one of his associates to shoot and kill him. Shots were fired which hit the individual in the leg. The individual spent several months in various hospitals and his leg was later amputated above his knee. Another individual, also a citizen of Haiti, became a target of Viliena allegedly because of his association with the radio station. It is alleged that on the day of the attack of the radio station, that individual was present and when he tried to flee, he was hit by a bullet in the face. He required months of intensive medical treatment, including two surgeries to extract shotgun pellets from his face, which left him permanently blind in one eye. According to court documents, pieces of shotgun pellets remain in the individual’s scalp and arms.
On June 3, 2008, Viliena presented himself at the United States Embassy Consular Office in Port au Prince, Haiti where he submitted an Application for Immigrant Visa and Alien Registration, Form DS-230, Part II in order to gain entry to the United States. The form specifically requires that each applicant state whether or not they are a member of any class of individuals that are excluded from admission into the United States, including those who have “ordered, carried out or materially assisted in extrajudicial and political killings and other acts of violence against the Haitian people.” It is alleged that Viliena falsely responded that he was not. Viliena thereafter swore to, or affirmed, before a U.S. Consular Officer that the contents of the application were true and signed the application. According to court documents, thereafter, on or about June 4, 2008 and based upon Viliena’s false representations in the Application for Immigrant Visa and Alien Registration Form DS-230, the U.S. Department of State approved Viliena’s DS-230 application.
On or about July 14, 2008 – as the result of the approval of his DS-230 application – Viliena gained entry into the United States and was thereafter granted lawful permanent residence status in the United States. As a further result, Viliena received a Permanent Resident Card. Viliena has continued to possess a Permanent Resident Card and has used such card on numerous occasions to enter the United States.
The charge of visa fraud provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
U.S. Attorney Rollins; HSI Acting SAC Krol; Jennifer De La O, Director of Field Operations of U.S. Customs and Border Protection, Boston Field Office; and Malden Police Chief Glenn Cronin made the announcement today. Assistant U.S. Attorney Laura J. Kaplan of Rollins’ National Security Unit and Christina Giffin and Alexandra Skinnion of the Justice Department’s Human Rights and Special Prosecutions Unit Section (HRSP) are prosecuting the case, with assistance from HRSP historian Christopher Hayden.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Manager of West Alton Marina Sentenced to 25 Years in Federal Prison for Sex Trafficking and Child Exploitation OffensesRead the Press Release
CONCORD – John E. Murray, III, 56, of Alton Bay was sentenced today to twenty-five years in federal prison for production of child sexual abuse material and sex trafficking of minors, United States Attorney Jane E. Young announced.
Murray was a manager at the West Alton Marina on Alton Bay, where he was responsible for hiring and supervising seasonal employees, many of whom were minors. According to court documents and statements made in court, Murray solicited minor employees of the marina for sexually explicit images and videos of themselves, often in exchange for cash. Murray directed the victims to send him the videos via Snapchat, and videos of the victims were found on Murray’s cell phone and in his Snapchat account. Murray also subjected minor employees to unwanted sexual contact and sexual acts, to include fondling and oral sex. With respect to two minor victims, Murray made cash payments to them in exchange for allowing Murray to perform sexual acts on the victims. The conduct took place over the course of several years and dates back to at least 2015. Murray has been in state custody since August 2021 on related charges.
“But for the bravery of the survivors in coming forward, this outcome would not have been possible,” United States Attorney Young said. “We hope that today’s sentencing brings some measure of solace to the survivors and their families and serves as a warning to anyone who would target children for sexual abuse and exploitation in New Hampshire.” Attorney Young went on to say, “To our local, state, and federal law enforcement partners who worked together seamlessly throughout this investigation—thank you for your outstanding work and tireless dedication in the pursuit of justice.”
“For years, Murray used his position of power to prey on his young employees, exploiting and subjecting them to unwanted advances. Thanks to the tireless efforts of a collaborative group of law enforcement professionals and the bravery of those who came forward, he faces a long sentence in federal prison,” said Michael Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England.
This matter was investigated by Homeland Security Investigations and the Alton Police Department, with assistance from the New Hampshire State Police, the New Hampshire Human Trafficking Collaborative Task Force, and the New Hampshire Internet Crimes Against Children Task Force. The case was prosecuted by Assistant U.S. Attorney Kasey Weiland.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Former Lumentum Executive Pleads Guilty to Insider TradingRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that AMIT BHARDWAJ, the former Chief Information Security Officer (“CISO”) at Lumentum Holdings Inc. (“Lumentum”), pled guilty to 13 counts arising from his participation in a scheme to commit insider trading based on material, non-public information (“MNPI”) that BHARDWAJ misappropriated from his employer, Lumentum. BHARDWAJ traded on the misappropriated MNPI himself and tipped his associates with this same information so that they could place profitable trades in Lumentum’s acquisition targets. BHARDWAJ was arrested and charged in July 2022 and pled guilty earlier today before U.S. District Judge Gregory H. Woods.
U.S. Attorney Damian Williams said: “Amit Bhardwaj, the former Chief Information Security Officer of Lumentum, ironically failed to keep the confidential information he was trusted with secure as he shared it with numerous friends and a family member in order to make a profit. Not only did Bhardwaj betray his company and cheat the securities markets, but when confronted by the FBI, he also schemed to conceal his illicit behavior and obstruct the investigation. Today’s guilty plea emphasizes this Office’s commitment to protecting the integrity of the financial markets.”
According to the allegations in the Indictment and statements made in public court proceedings:
In approximately December 2020, BHARDWAJ learned that Lumentum was considering acquiring Coherent, Inc (“Coherent”). Based on this information, BHARDWAJ himself purchased Coherent stock and call options, and BHARDWAJ tipped three associates –– his friend Dhirenkumar Patel, another friend, and one of BHARDWAJ’s close family relatives ––and these individuals all traded in Coherent securities as a result. BHARDWAJ and Patel agreed that Patel would pay BHARDWAJ 50% of the profits that Patel earned by trading in Coherent based on the MNPI provided by BHARDWAJ. When Coherent’s stock price increased substantially following the announcement of the Lumentum acquisition, BHARDWAJ, his close family member, his friend Patel, and another friend closed their positions in Coherent securities and collectively profited by nearly $900,000.
In or about October 2021, BHARDWAJ learned that Lumentum was engaged in confidential discussions with Neophotonics Corporation (“Neophotonics”) about a potential acquisition. BHARDWAJ provided this information to SRINIVASA KAKKERA, ABBAS SAEEDI, and Ramesh Chitor, and these individuals all traded in Neophotonics securities as a result. In connection with Chitor’s trading, BHARDWAJ and Chitor agreed that Chitor and BHARDWAJ would split the profits equally. When Neophotonics’ stock price increased substantially following the announcement of the Lumentum acquisition in November 2021, KAKKERA, SAEEDI, and Chitor closed their positions in Neophotonics securities and made collectively approximately $4.3 million in realized and unrealized profits.
After they were interviewed by the Federal Bureau of Investigation (“FBI”) voluntarily and served with federal grand jury subpoenas on approximately March 29, 2022, BHARDWAJ took steps to obstruct the federal investigation of their conduct. On the day of the March 29, 2022, FBI interviews, BHARDWAJ drove to the homes of certain of his co-conspirators to encourage them not to tell the federal authorities the truth about their insider trading scheme. BHARDWAJ and his associates subsequently met in person on multiple occasions and discussed, among other things, potential false stories that would conceal their insider trading scheme as well as creating false documents to buttress lies regarding payments that were, in reality, related to the insider trading scheme.
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BHARDWAJ, 49, of San Ramon, California, pled guilty to seven counts of securities fraud and two counts of wire fraud, each of which carries a maximum term of 20 years in prison, and four counts of conspiracy to commit securities fraud and wire fraud, each of which carries a maximum term of five years in prison.
The statutory maximum 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. BHARDWAJ is scheduled to be sentenced by Judge Woods on July 11, 2023, at 10 a.m.
Mr. Williams praised the investigative work of the FBI. He also acknowledged the assistance of the Securities and Exchange Commission, which separately initiated civil proceedings against BHARDWAJ.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Noah Solowiejczyk and Adam Hobson are in charge of the prosecution.
Former Federal Prison Warden Sentenced for Sexual Abuse of Three Female InmatesRead the Press Release
A former prison warden was sentenced today in the Northern District of California to 70 months in prison, 15 years of supervised release and $15,000 in restitution for sexually abusive conduct against three female victims who were serving prison sentences and one count of making false statements to government agents.
Ray J. Garcia, 55, of Merced, California, was sentenced following his conviction by a federal jury in December 2022.
Trial evidence showed that Garcia was employed as an associate warden and later as the warden of the Federal Correctional Institute in Dublin, California (FCI Dublin), an all-female low security federal correctional institution. All three of Garcia’s victims were incarcerated and serving their prison sentences at FCI Dublin under the custodial, supervisory and disciplinary authority of Garcia when the crimes occurred.
“The defendant in this case abused his authority as a warden and violated his oath to protect those in the custody of the Bureau of Prisons,” said Deputy Attorney General Lisa O. Monaco. “The sentence he received today is another step forward in our ongoing efforts to root out sexual misconduct within the BOP. This prosecution should serve as both warning and reassurance that the Department of Justice will not waver in holding accountable BOP employees and executives who abuse their authority — whether they be a correctional officer, chaplain, or warden — and in pursuing justice for their victims.”
“Rather than ensuring that female inmates at the Dublin prison were safe and secure, Garcia used his position as warden to sexually abuse three inmates over multiple years, intimidated inmates and lied to cover up his crimes, and created a heinous culture that failed to protect female inmates from widespread sexual abuse and violence at the hands of other Dublin employees. The Department of Justice Office of the Inspector General will continue to aggressively investigate this type of egregious criminal conduct and we will do everything within our authority to bring perpetrators to justice,” said Department of Justice Inspector General Michael E. Horowitz.
“Corrections officials are sworn to protect people and preserve civil rights — the extreme opposite of this defendant's heinous actions,” said FBI Deputy Director Paul Abbate. “Garcia assaulted and harmed those in his care and custody, attempted to intimidate them into silence, and then lied in an effort to cover up his crimes. The FBI is grateful to the brave women who came forward to report these vile offenses, and we hope today’s sentence is one more step towards justice and healing.”
“The evidence in this case paints a disturbing picture of a former warden who abused the trust placed in him, as well as authority granted to him, all while thinking he could get away with his crimes by lying to investigators and intimidating his victims,” said U.S. Attorney Ismail J. Ramsey for the Northern District of California. “Today’s sentence demonstrates that prison walls present no impediment to justice. The Department of Justice will hold accountable any prison official who violates their duty to protect those in federal custody.”
The trial evidence established that Garcia abused inmates from December 2019 until July 2021. Garcia’s sexual abuse and abusive sexual contact against Victim 1 began in December 2019 and extended through March 2020, the abuse of Victim 2 occurred January to July 2021 and the abuse of Victim 3 occurred during the period of March to September 2020. The jury convicted Garcia of three counts sexual abuse and one count of sexually abusive contact as to Victim 1, two counts of abusive sexual contact as to Victim 2, and one count of abusive sexual contact as to Victim 3.
The government’s sentencing memorandum described how Garcia also sought to deter his victims from coming forward. For example, Garcia told his victims he was friends with the person in charge of investigating sexual abuse of inmates, boasted that he could “never be fired,” and warned them that he worked for “Washington, D.C.” Garcia also instructed a victim to “get rid of any evidence” and reported falsely to another victim that a different inmate was sent back to FCI Dublin after pictures of a correctional officer were found on her phone. According to the government’s memorandum, Garcia created and perpetuated a culture of abuse. The government also pointed out that four other correctional officers at FCI Dublin have been charged with sexually abusing inmates while Garcia was associate warden or warden.
The trial evidence also demonstrated Garcia made false statements to federal investigators. On July 22, 2021, Garcia was interviewed and told investigators he never asked inmates to be undressed for him and that he had never touched an inmate inappropriately. Trial evidence showed that Garcia had already asked multiple inmates to undress for him and had also touched Victim 1, Victim 2 and Victim 3 in a sexual manner.
Garcia was initially charged with sexual abuse of an inmate on Sept. 24, 2021. A federal grand jury issued a superseding indictment on Aug. 23, 2022, charging Garcia with three counts of sexual abuse and four counts of abusive sexual contact against three female inmates. The superseding indictment also charged Garcia with one count of making false statements to a government agency during the investigation of the criminal acts. On Dec. 8, 2022, a jury convicted Garcia of all counts.
Judge Gonzalez Rogers ordered Garcia to report to surrender on or before May 19 to begin serving his prison term.
The Justice Department Office of Inspector General and the FBI are investigating the case, with the cooperation of the Bureau of Prisons.
Assistant U.S. Attorneys Molly Priedeman and Andrew Paulson for the Northern District of California, with the assistance of Madeline Wachs, Leeya Kekona and Sara Slattery are prosecuting the case.
Former Federal Prison Warden Sentenced to More Than Five Years in Prison for Sexual Abuse of Three Female InmatesRead the Press Release
OAKLAND – Former prison warden Ray J. Garcia was sentenced today to 70 months in prison following his convictions for sexually abusive conduct against three female victims who were serving prison sentences and for making false statements to government agents. The sentence was handed down by the Hon. Yvonne Gonzalez Rogers, U.S. District Judge, who presided over the trial that resulted in the convictions.
Garcia, 55, of Merced, Calif., was convicted of the charges in December of 2022. The evidence at trial demonstrated Garcia was employed as an associate warden and later as the warden of the Federal Correctional Institute in Dublin, Calif. (FCI Dublin), an all-female low security federal correctional institution. All three of Garcia’s victims were incarcerated and serving their prison sentences at FCI Dublin under the custodial, supervisory and disciplinary authority of Garcia when the crimes occurred.
“The defendant in this case abused his authority as a warden and violated his oath to protect those in the custody of the Bureau of Prisons,” said Deputy Attorney General Lisa O. Monaco. “The sentence he received today is another step forward in our ongoing efforts to root out sexual misconduct within the BOP. This prosecution should serve as both warning and reassurance that the Department of Justice will not waver in holding accountable BOP employees and executives who abuse their authority — whether they be a guard, chaplain or warden — and in pursuing justice for their victims.”
“The evidence in this case paints a disturbing picture of a former warden who abused the trust placed in him, as well as authority granted to him, all while thinking he could get away with his crimes by lying to investigators and intimidating his victims,” said U.S. Attorney Ismail J. Ramsey for the Northern District of California. “Today’s sentence demonstrates that prison walls present no impediment to justice. The Department of Justice will hold accountable any prison official who violates their duty to protect those in federal custody.”
“Rather than ensuring that female inmates at the Dublin prison were safe and secure, Garcia used his position as warden to sexually abuse three inmates over multiple years, intimidated inmates and lied to cover up his crimes, and created a heinous culture that failed to protect female inmates from widespread sexual abuse and violence at the hands of other Dublin employees,” said Department of Justice Inspector General Michael E. Horowitz. “Today’s 70-month sentence holds Garcia accountable for his disgraceful actions and sends a clear message to every BOP employee about the serious consequences of engaging in such conduct. The Department of Justice Office of the Inspector General will continue to aggressively investigate this type of egregious criminal conduct and we will do everything within our authority to bring perpetrators to justice.”
“Corrections officials are sworn to protect people and preserve civil rights - the extreme opposite of this defendant's heinous actions,” said FBI Deputy Director Paul Abbate. “Garcia assaulted and harmed those in his care and custody, attempted to intimidate them into silence, and then lied in an effort to cover up his crimes. The FBI is grateful to the brave women who came forward to report these vile offenses, and we hope today’s sentence is one more step towards justice and healing.”
“Garcia will now spend the next 70 months in federal prison for his abhorrent misconduct,” said FBI Special Agent in Charge of the San Francisco Field Office Robert Tripp. “Corrections officials who abuse their position are not above the law they have sworn to uphold. The FBI and our partners will continue to vigorously enforce our civil rights laws and hold prison officials who break the law accountable.”
The trial evidence established that Garcia abused inmates from December 2019 until July 2021. Garcia’s sexual abuse and abusive sexual contact against Victim 1 began in December 2019 and extended through March 2020, the abuse of Victim 2 occurred January to July 2021, and the abuse of Victim 3 occurred during the period of March to September 2020. The jury convicted Garcia of three counts sexual abuse and one count of sexually abusive contact as to Victim 1, two counts of abusive sexual contact as to Victim 2, and one count of abusive sexual contact as to Victim 3.
The government’s sentencing memorandum described how Garcia also sought to deter his victims from coming forward. For example, Garcia told his victims he was friends with the person in charge of investigating sexual abuse of inmates, boasted that he could “never be fired,” and warned them that he worked for “Washington, D.C.” Garcia also instructed a victim to “get rid of any evidence” and reported falsely to another victim that a different inmate was sent back to FCI Dublin after pictures of a correctional officer were found on her phone. According to the government’s memorandum, Garcia created and perpetuated a culture of abuse. The government also pointed out that four other correctional officers at FCI Dublin have been charged with sexually abusing inmates while Garcia was associate warden or warden.
The trial evidence also demonstrated Garcia made false statements to federal investigators. On July 22, 2021, Garcia was interviewed and told investigators he never asked inmates to be undressed for him and that he had never touched an inmate inappropriately. Trial evidence showed that Garcia had already asked multiple inmates to undress for him and had also touched Victim 1, Victim 2 and Victim 3 in a sexual manner.
Garcia was initially charged with sexual abuse of an inmate on Sept. 24, 2021. A federal grand jury issued a superseding indictment on Aug. 23, 2022, charging Garcia with three counts of sexual abuse and four counts of abusive sexual contact against three female inmates. The superseding indictment also charged Garcia with one count of making false statements to a government agency during the investigation of the criminal acts. On Dec. 8, 2022, a jury convicted Garcia of all counts.
In addition to the prison term, Judge Gonzalez Rogers ordered Garcia to pay $15,000 and to serve 15 years’ supervised release which begin after the prison term. Judge Gonzalez Rogers ordered Garcia to report to surrender on or before May 19, 2023, to begin serving his prison term.
DOJ-OIG and the FBI are investigating the case, with the cooperation of the Bureau of Prisons.
Assistant U.S. Attorneys Molly Priedeman and Andrew Paulson for the Northern District of California, with the assistance of Madeline Wachs, Leeya Kekona and Sara Slattery are prosecuting the case.
Former Bardstown Chief Financial Officer Sentenced to 35 Months in Federal Prison for Embezzling City FundsRead the Press Release
Louisville, KY – A former city official was sentenced yesterday to 35 months in prison and ordered to pay restitution for embezzling over three-quarters of a million dollars from the City of Bardstown, Kentucky, during her years working with the city.
United States Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge Jodi Cohen of the FBI’s Louisville Field Office, and Commissioner Phillip Burnett, Jr. of the Kentucky State Police made the announcement.
According to court documents and statements made in court, Tracy L. Hudson, 42, of Bloomfield, Kentucky, embezzled funds from the City of Bardstown, Kentucky, while employed first as the City’s Occupational Tax Administrator and then as its Chief Financial Officer. Between 2013 and September 2019, Hudson stole funds from the City of Bardstown by various means, including by taking cash from the City’s funds for her own personal use, paying herself for false expense reimbursements, diverting additional payments into her 401k pension plan in excess of the amount withheld from her wages, purchasing personal items on a City credit card without authorization, and crediting payments to her personal accounts with the City despite no actual payment having been made. The primary method by which Hudson stole from the City of Bardstown was by stealing cash, most often from cash payments made when individuals were paying for City services. Hudson also engaged in various activities which generated interstate wire communications to steal certain of the funds and to conceal her thefts from the City.
In addition to the 35-month prison sentence, Hudson was sentenced to a 3-year term of supervised release and ordered to pay $629,972.39 in restitution to the City of Bardstown and its insurance company.
The FBI and the Kentucky State Police investigated the case.
Assistant U.S. Attorney Stephanie M. Zimdahl prosecuted the case.
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Florida Entrepreneur Sentenced in $4.5 Million Insider Trading SchemeRead the Press Release
BOSTON – A Florida entrepreneur was sentenced yesterday in federal court in Boston for his role in an insider trading scheme that generated more than $4.5 million in profits.
David Schottenstein, 39, of Surfside, Fla., was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to one year and one day in prison and five years of supervised release, during which he will be required to perform 30 hours per week of community service. In February 2022, Schottenstein pleaded guilty to conspiracy to commit securities fraud. Judge Woodlock delayed formal imposition of the pronounced sentence pending additional briefing.
Between August 2017 and May 2019, Schottenstein obtained material nonpublic information (MNPI) from members of his own family—who are major shareholders or directors of several publicly traded companies—regarding the earnings results and merger-and-acquisition activity of those companies. According to court documents, Schottenstein traded on that information and provided it to two of his friends—one of whom controlled a hedge fund in which Schottenstein was an investor—who also traded on it. The publicly traded companies in which Schottenstein and his co-conspirators traded included Aphria, Inc., DSW, Inc. and Rite Aid Corp., among others. Through this scheme, Schottenstein and his alleged co-conspirators netted at least $4.5 million.
United States Attorney Rachael S. Rollins and Wayne A. Jacobs, Special Agent in Charge of the Federal Bureau of Investigation’s Criminal/Cyber Division, Washington Field Office, made the announcement today. The Securities & Exchange Commission and the Federal Bureau of Investigation, Miami Field Office provided valuable assistance. Assistant U.S. Attorneys Stephen E. Frank and Seth B. Kosto – Chief and Deputy Chief, respectively, of Rollins’ Securities, Financial & Cyber Fraud Unit – prosecuted the case.
Federal Jury Convicts Tahlequah Resident of Multiple Counts of Aggravated Sexual Abuse and Exploitation of Children in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Leiloni Blake Smith, age 30, of Tahlequah, Oklahoma was found guilty by a federal jury of eight counts of Aggravated Sexual Abuse of a Child in Indian Country; two counts of Sexual Exploitation of a Child; and one count of Possession of Certain Material Involving the Sexual Exploitation of a Minor.
The jury trial began on Monday, March 20, 2023, and concluded on Tuesday, March 21, 2023, with the guilty verdicts.
During the trial, the United States presented evidence that an investigation began in 2020 based on CyberTips received from the National Center for Missing and Exploited Children. Those CyberTips indicated that an individual in the Tahlequah area was uploading child sexual abuse materials through an online provider. Gregory Neil Bias was identified, located, and arrested in January of 2022 for those offenses. During the investigation, electronic devices including the cell phones of Smith and Bias were seized and examined. Investigators discovered videos depicting the aggravated sexual abuse of two children.
The guilty verdicts were the result of an investigation by the Oklahoma State Bureau of Investigation, Federal Bureau of Investigation, and Homeland Security Investigations.
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.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the tab "resources."
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendants in this case are members of a federally recognized Indian tribe and the crimes occurred in Cherokee County, within the boundaries of the Cherokee Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial of Smith and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Smith was remanded to the custody of the United States Marshal pending the imposition of sentencing.
The co-defendant in this case, Gregory Neil Bias, age 39, entered pleas of guilty on January 18, 2023 to nine counts of Aggravated Sexual Abuse of a Child in Indian Country; two counts of Sexual Exploitation of a Child; two counts of Possession of Certain Material Involving the Sexual Exploitation of a Minor; one count of Receipt of Certain Material Involving the Sexual Exploitation of a Minor; one count of Distribution of Certain Material Involving the Sexual Exploitation of a Minor; and one count of Felon in Possession of Firearm. Completion of a presentence report was previously ordered for Bias and he is in the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Edith Singer and Kyra Jenner represented the United States.
Federal Grand Jury Indicts Tennessee Felon for Illegal Possession of FirearmRead the Press Release
Paducah, KY – A federal grand jury in Paducah, Kentucky, returned an indictment on January 10, 2023, charging a Murfreesboro, Tennessee man with being a prohibited person in possession of a firearm.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky and Acting Special Agent in Charge Robert Maynard of the ATF Louisville Field Division made the announcement.
According to the indictment, Arsenio R. Rhodes, 32, of Murfreesboro, Tennessee, was charged with one count of being a prohibited person in possession of a firearm. Rhodes was prohibited from owning a firearm because of two previous felony convictions for trafficking for sexual servitude in Shelby County, Tennessee.
Rhodes made his initial court appearance before a U.S. Magistrate Judge in the Middle District of Tennessee on March 2, 2023. He appeared in the United States District Court for the Western District of Kentucky on March 20, 2023. If convicted, Rhodes faces a maximum sentence of 15 years in prison. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors. There is no parole in the federal system.
This case is being investigated by the ATF Bowling Green Field Office with assistance from the Hopkinsville Police Department.
Assistant U.S. Attorney Leigh Ann Dycus, of the U.S. Attorney’s Paducah Branch Office, is prosecuting 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.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Federal Court Holds West Palm Beach Tax Preparer in ContemptRead the Press Release
A federal court in West Palm Beach, Florida, held on March 20 that Jeffrey Cadet violated a permanent injunction entered against him on Aug. 12, 2019, which barred him from acting as a federal tax return preparer or requesting, assisting in, or directing the preparation or filing of federal tax returns for others.
On Jan. 5, 2022, following an investigation of Cadet’s activities, the United States filed a Motion for Order to Show Cause asking the court to hold Cadet in civil contempt based on evidence that he was preparing tax returns without signing them as the return preparer. The investigation was undertaken by the Tax Division as part of its effort to monitor the conduct of return preparers who have been enjoined from preparing returns for others, and to hold accountable those who violate their injunction.
As the court noted, Cadet did not respond to the motion or contest the evidence against him. Based on the evidence presented by the United States, the court found that Cadet violated his injunction by continuing to prepare returns for customers and held him in civil contempt. To remedy his contempt, the court ordered Cadet to disgorge $24,410 in ill-gotten fees he received for conduct that violated the injunction. The court also ordered Cadet to pay the United States $7,386.39 to reimburse the government for the attorneys’ fees it incurred to investigate and prosecute his post-injunction conduct.
The injunction barring Cadet from preparing tax returns remains in effect, and the United States remains authorized to monitor his compliance with the court’s orders.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers, including “ghost preparers” who don’t sign the returns they prepare. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.
In the past decade, the Department of Justice Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
FCI Schuylkill Inmate Charged with Possessing ContrabandRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Xavion Lawrence, age 22, an inmate at the Federal Correctional Institute Schuylkill, was indicted by a federal grand jury for illegally possessing contraband.
According to United States Attorney Gerard M. Karam, the indictment alleges that on November 13, 2022, Lawrence was found in possession of a piece of plexiglass sharpened to a point with a cloth handle, commonly referred to as a “shank.”
This matter was investigated by the Federal Bureau of Investigation and the Bureau of Prisons. Assistant United States Attorney Brian J. Gallagher is prosecuting the case.
Lawrence faces a maximum penalty of 5 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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FCI Schuylkill Inmate Charged with Possessing ContrabandRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Devontay Douglas, age 25, an inmate at the Federal Correctional Institute Schuylkill, was indicted by a federal grand jury for illegally possessing contraband.
According to United States Attorney Gerard M. Karam, the indictment alleges that on February 8, 2023, Douglas was found in possession of a 6-inch piece of metal sharpened to a point with a cloth handle, commonly referred to as a “shank.”
This matter was investigated by the Federal Bureau of Investigation and the Bureau of Prisons. Assistant United States Attorney Brian J. Gallagher is prosecuting the case.
Douglas faces a maximum penalty of 5 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Easton Man Pleads Guilty to Drug ConspiracyRead the Press Release
BOSTON – An Easton man pleaded guilty today to conspiring to distribute cocaine in Massachusetts and Maine as part of a large-scale drug trafficking conspiracy.
Christopher Riley, 40, pleaded guilty to conspiracy to possess with intent to distribute and distribute cocaine before U.S. District Court Judge Indira Talwani, who scheduled sentencing for June 13, 2023.
Riley was charged in November 2021 along with 12 others in connection with a large drug conspiracy centering around the Gangster Disciples in Lawrence, Haverhill and Methuen. The investigation, which began in August 2020, intercepted communications between Gangster Disciples’ leaders, members and drug suppliers pertaining to their alleged distribution of fentanyl, cocaine, methamphetamine and Suboxone in Massachusetts, Maine and southern New Hampshire as well as into the Essex County Jail. The investigation intercepted phone calls between Riley and other gang members, who conspired distribute cocaine in Massachusetts and Maine.
United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation; and John E. Mawn, Interim Colonel of the Massachusetts State Police made the announcement. Valuable assistance was provided by the Maine Drug Enforcement Agency. Assistant U.S. Attorney Philip C. Cheng of Rollins’ Organized Crime & Gang Unit prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case is also a part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Drug Trafficking Investigation Yields Largest Methamphetamine Bust in West Virginia HistoryRead the Press Release
CHARLESTON, W.Va. – United States Attorney Will Thompson announced today that a major drug trafficking investigation has resulted in the largest methamphetamine seizure in West Virginia history, of well over 200 pounds.
A federal grand jury has returned three indictments charging 30 individuals for their roles in the drug trafficking organization (DTO) responsible for distributing large quantities of methamphetamine, cocaine and fentanyl in Charleston. Another 24 individuals are charged in state criminal complaints.
During the course of “Operation Smoke and Mirrors,” law enforcement obtained more than 50 search warrants in support of the eight-month-long investigation, with several executed within the last 48 hours including this morning. Law enforcement also seized 28 pounds of cocaine, 20 pounds of fentanyl, 18 firearms and $747,000 in cash.
“The takedown of this drug trafficking organization stopped a record amount of methamphetamine, as well as other dangerous drugs, from reaching our communities and causing harm,” United State Attorney Thompson said. “This investigation demonstrates that we will use all of our resources, including new and innovative investigative techniques, against those who target our communities with this poison. Our law enforcement partners worked tirelessly to dismantle this organization and obtain these indictments, and I commend their outstanding work and dedication.”
“These arrests are an outstanding example of what federal and local law enforcement can accomplish when we work together to target the individuals who threaten the safety and stability of our neighborhoods,” said FBI Pittsburgh Special Agent in Charge Mike Nordwall. “A large amount of illegal and dangerous drugs were stopped from going into our local neighborhood during the course of this investigation. The arrests today dismantled a drug trafficking network that has wreaked havoc in the Charleston area for far too long. For anyone looking to fill the void left by those arrested, I want you to know we are not going anywhere, and the FBI and our law enforcement partners are here to find, arrest and bring to justice those who terrorize our community with violence and drugs.”
The investigation was conducted by the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Postal Inspection Service, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the West Virginia National Guard Counter Drug program, the Kanawha County Sheriff’s Office, the Charleston Police Department, the Putnam County Sheriff’s Office and the Raleigh County Sheriff's Office. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.
Charged in a three-count federal indictment are: Antonio Lamar Jeffries, 34, and Michael Allen Roberts, Jr., 40, both of St. Albans; Karl Lamont Funderburk, 37, of Hurricane, Mark Leslie Lively, 56, of Kenna; Scott Jeremy Savage, 46, of Nitro; Ryan Keith Kincaid, 46, of South Charleston; Todd Tyler Snead, 57, of Waynesboro, Virginia; and Tres Avery Davis, 34, Telisa Rene McCauley, 31, Deayria Eyshay Willis, 24, John Paul Loudermilk, 60, Timothy Allen Loudermilk, 63, Keith Royal Goode-Harper, 31, Nicole Leigh Fierbaugh, 44, Latesha Lashae Nappier, 29, Jeremy Rayshad Walker, 34, Charles Norman Pannell, 43, and Les Van Bumpus, 34, all of Charleston.
The indictment charges 14 of the defendants with conspiracy to distribute methamphetamine from November 2022 to March 2023 at or near Charleston. The indictment attributes 500 grams or more of methamphetamine to Jeffries, Davis, McCauly, Roberts and Snead and 50 grams or more to Funderburk. The indictment charges six of the defendants with conspiracy to distribute fentanyl and six of the defendants with conspiracy to distribute cocaine, all from December 2022 to March 2023 at or near Charleston.
Charged in a separate, one-count federal indictment are: Alexandria Jasmine Estep, 21, and Robert Dewayne Miller, 35, both of Charleston; and Perry Johnson, Jr., 29, and Dashounieque Lashay Wright, 26, both of Detroit, Michigan. The indictment charges all four defendants with conspiracy to distribute methamphetamine from October 2022 to January 2023 at or near Charleston.
The federal grand jury previously indicted eight individuals as part of Operation Smoke and Mirrors: Jasper Wemh, 38, Justin Allen Bowen, 40, Richard Allen Bowen, 62, Kimberly Dawn Legg, 49, Larry Wayne Legg, 55, and Stanley Aaron Burkes, 62, all of Charleston; McKenzie Bowen, also known as McKenzie Myers, 24, of Belle; and Nicholas Bradford Confere, 35, of Mammoth. Justin Allen Bowen pleaded guilty to conspiracy to distribute 50 grams or more of methamphetamine on February 23, 2023. Larry Wayne Legg pleaded guilty on March 6, 2023, to conspiracy to distribute methamphetamine. The remaining defendants are scheduled for trial on April 25, 2023.
Note: An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Assistant United States Attorney Jeremy B. Wolfe is prosecuting the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking 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.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-31 (Jeffries et al.), 2:23-cr-33 (Estep et al.), and 2:23-cr-4 (Wemh et al.).
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Downey Tax Preparation Company Owner Pleads Guilty to Helping to Prepare Almost 400 False Income Tax Returns with Inflated RefundsRead the Press Release
LOS ANGELES – An Orange County man pleaded guilty today to knowingly preparing nearly 400 fraudulent federal income tax returns that caused a loss of more than $750,000 to the IRS by inflating his clients’ tax refunds without their knowledge and then pocketing the difference between the clients’ true refunds and the inflated ones.
Raudel Sandoval, 48, of Placentia, pleaded guilty to two counts of aiding and assisting in the preparation of false and fraudulent tax returns.
According to his plea agreement, Sandoval is a licensed tax preparer and owns RSE Sandoval España Inc., a Downey-based tax preparation company. Sandoval willfully prepared hundreds of false federal and state income tax returns for clients for the tax years 2015 through 2018. On these returns, he claimed false or inflated amounts of the child tax credit, business losses, short-term capital losses and other items to which the taxpayer clients were not entitled.
Sandoval falsified the tax returns with deductions and credits that his clients did not incur or had not informed him about. He also inflated the amounts of deductions and credits that his clients were entitled to claim.
When he finished preparing a tax return, Sandoval gave his clients copies of their returns that were true and correct, but falsely told them that he would file their true-and-correct copies with the IRS on their behalf.
Then, Sandoval inflated his clients’ returns with false and fraudulent deductions and credits and filed these false tax returns with the IRS. The false returns showed a larger refund than on the true-and-correct copies Sandoval had given to his clients.
Sandoval then directed the inflated refunds to himself. He did so by changing the bank account and routing numbers on the filed returns to a bank account he controlled. Sandoval controlled more than 100 bank accounts with several different banks and opened many of the accounts in his clients’ names. But he was the accounts’ only authorized signor. Several of the Sandoval-owned bank accounts had the name “Federal Tax Refund Processing.”
Sandoval directed the IRS to send the inflated refunds through a third-party refund processor to be deposited into an account he controlled. Other times, he caused the IRS to mail a check of the inflated refund to his business address. He then would deposit the check into one of his accounts.
After receiving the inflated refund, Sandoval transferred a portion of it – the amount his clients were expecting to receive based on the true-and-correct tax return copies – to one of his “Federal Tax Refund Processing” accounts. Sandoval then transferred that money to his clients’ bank accounts, causing them to believe their refunds were from a legitimate government source.
Sandoval kept the difference between the true refund and the inflated refund.
For the tax years 2015 through 2018, Sandoval willfully understated his clients’ tax liabilities and caused a loss of $758,550 to the IRS, caused by the filing of at least 389 fraudulent income tax returns.
United States District Judge Sherilyn Peace Garnett scheduled a September 6 sentencing hearing, at which time Sandoval will face a statutory maximum sentence of three years in federal prison for each count.
IRS Criminal Investigation investigated this matter.
Assistant United States Attorney Valerie L. Makarewicz of the Major Frauds Section is prosecuting this case.
As the 2023 tax season continues, taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS offers tips on how to accurately file returns and how to choose a tax return preparer, as well as steps taxpayers can take to get a jumpstart on filing.
Taxpayers seeking assistance can access the IRS’s free directory of federal tax preparers. The IRS also has programs offering free basic return preparation for qualifying seniors and individuals with low to moderate income. In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $72,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free.
District Man Sentenced to Six Year Prison Term for Stabbing Man Outside of Union StationRead the Press Release
WASHINGTON – Julius Yancey, 37, of Washington, D.C., was sentenced today to 72 months in prison for a violent assault, in June of 2022, outside of Union Station. The sentence was announced by United States Attorney Matthew M. Graves and Chief Robert J. Contee, III, of the Metropolitan Police Department.
According to the government’s evidence, on June 30, 2022, at approximately 2:20pm, Yancey approached the victim outside of Union Station, at 2 Massachusetts Avenue NW, Washington DC. The victim was sitting down and looking at his phone when Yancey stabbed him three times with a knife - once in the arm, and twice in the chest – for no reason and without provocation. The victim escaped and ran into Union Station looking for police officers to help him. The defendant followed the victim into Union Station while still holding the knife and stalked after him down two hallways. After about a minute, the defendant was stopped by police officers and the victim collapsed on the floor. The defendant dropped the knife when confronted with police and taken into custody. The victim received emergency medical care by officers at the scene, including an officer putting a tourniquet on his arm to stop the bleeding from the open wound located there. The victim was then transported to the hospital, where a doctor had to stitch up his wounds. At the time of this incident, the defendant was on release in a pending matter for simple assault, attempted threats, and attempted possession of a prohibited weapon in 2021 CMD 006032. The defendant has subsequently been convicted after a bench trial of these offenses, and Yancey was sentenced to 180 days straight time for each conviction, to run concurrently.
In announcing the sentence, U.S. Attorney Graves and Chief Contee commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the work of those who handled the cases at the U.S. Attorney’s Office, including Paralegal Specialists Tamaya Reid and Kalisha Johnson-Clark, and Assistant U.S. Attorneys Lauren “Luca” Winer, Emily Kubo, and Richard Carlton who investigated the matter.
Department of Labor Agent Pleads Guilty to Fraud SchemeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Special Agent with the Department of Labor, Thomas Hartley, age 49, of East Stroudsburg, Pennsylvania, pleaded guilty on March 21, 2023, before U.S. District Court Judge Robert D. Mariani, to the charge of mail fraud in connection with multiple schemes to commit fraud.
According to United States Attorney Gerard M. Karam, Hartley admitted that he obtained a total of $197,366 through multiple fraud schemes. Between April 2020 and September 2021, Hartley applied for and collected Pennsylvania unemployment compensation benefits by claiming that he was unemployed, when in fact Hartley was employed on full time active duty with the New Jersey National Guard. Further, in applying for unemployment benefits, the defendant failed to disclose that he was on military leave from his full-time federal civilian employment with the United States Department of Labor. Hartley thereby utilized the mail to collect approximately $60,284 in unemployment compensation funds to which he was not entitled.
In connection with his guilty plea, Hartley also acknowledged that he fraudulently obtained $23,582 in Basic Allowance for Housing (BAH) funds paid by the Department of the Army, $50,000 in “lost wage” benefits paid by USAA insurance, and $63,500 from his Thrift Savings Plan.
In August 2022, a grand jury issued a second superseding indictment charging Hartley with multiple fraud schemes. In addition to the scheme to fraudulently obtain Pennsylvania unemployment compensation funds, the second superseding indictment also charged that Hartley, while on leave from his position with the Department of Labor and serving with the New Jersey National Guard, submitted false documents to the Department of the Army and thereby obtained approximately $23,580 in housing allowance funds to which he was not entitled.
The second superseding indictment also charged Hartley with fraud in connection with the filing of a lost wage claim with USAA Insurance following an automobile accident. Hartley falsely claimed that he had lost wages, resulting from an automobile accident, when in fact Hartley was suspended without pay from his employment with the Department of Labor as a result of an ongoing criminal investigation. Hartley thereby collected approximately $50,000 in lost wage benefits to which he was not entitled.
Finally, the second superseding indictment charged Hartley with fraudulently obtaining funds from his Thrift Savings Plan (TSP) by falsely claiming that he was not married, when in fact he was at all times married. Hartley thereby transferred the funds to himself personally, or to a bank account solely in his name, without the knowledge or consent of his wife.
The investigation was conducted by the Department of Labor, Office of Inspector General, Office of Special Investigations, the United States Army, Criminal Investigation Division, and the USAA Insurance Special Investigations Unit. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
Under federal law, the charge of Mail Fraud carries up to a maximum sentence of twenty years in prison, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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Crown Point Woman Sentenced to PrisonRead the Press Release
HAMMOND – Oneida Herrera, 24 years old, of Crown Point, Indiana, was sentenced by United States District Court Chief Judge Jon E. DeGiulio after pleading guilty to one count of Conspiracy to Commit Bank Fraud, announced United States Attorney Clifford D. Johnson.
Herrera was sentenced to 12 months and one day in prison, 2 years of supervised release and ordered to pay $190,178 to the victim bank that incurred the loss.
According to documents in the case, between October 2020 and June 2021, Herrera participated in a scheme with her codefendant, Wendell Burts, to steal funds from customer accounts at the bank where she was employed. Herrera provided Burts with customers’ personal identification information, including names, social security numbers, addresses, dates of birth, driver’s license numbers and recent account transaction details. Burts used this confidential information to make changes to the accounts online and to electronically transfer funds. Herrera and Burts attempted to steal over $480,000, and were successful in stealing the sum of $190,178.
Codefendant Wendell Burts was previously sentenced to 27 months for his role in the scheme.
This case was investigated by Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Abizer Zanzi.
Couple Sentenced for Failure to Pay Withheld Payroll TaxesRead the Press Release
United States Attorney Steven Russell announced that William H. White, 55, and Sarah A. White, 40, husband and wife, formerly of Roca, Nebraska, were sentenced on March 21, 2023, by the Senior United States District Judge John M. Gerrard for Failure to Pay Over Employment Tax that had been withheld from employees’ paychecks. William White was sentenced to one year and one day imprisonment, to be followed by three years of supervised release. Sarah White was sentenced to three years of probation and a fine of $10,000. Each was ordered to pay $426,047.75 restitution but was credited for payments they had made previously totaling that same amount.
William and Sarah White owned two businesses that operated in tandem -- B&B Midwest Trucking (B&B) and 419, LLC (419). During portions of 2015 to 2018, B&B and 419 withheld federal income taxes and FICA taxes (Social Security and Medicare) from employees’ paychecks but failed to account for those taxes on time and to pay them over to the Internal Revenue Service. The withheld employee payroll taxes totaled $144,220.31 for B&B, and $281,827.44 for 419. Each business had sufficient funds available to pay the payroll taxes when due. William and Sarah White were aware of the obligation to account for and pay the payroll taxes and were responsible to pay them, but instead used the funds withheld from employees’ paychecks to pay other business creditors and to pay for personal expenses. The businesses had further failed to pay over the employer’s share of payroll taxes to the IRS, but the Whites paid those amounts as well prior to sentencing.
“Business owners have a significant duty to collect and turn over all IRS withholding taxes,” said Thomas F. Murdock, Special Agent in Charge, IRS Criminal Investigation, St. Louis Field Office. “Those who fail to do so gain an unfair competitive advantage. The failure to abide by IRS laws will not be tolerated, and those criminals will be prosecuted to the fullest extent of the law.”
This case was investigated by the Internal Revenue Service.
Correctional Officer Pleads Guilty to Receiving Bribes for Smuggling Drugs into D.C. JailRead the Press Release
WASHINGTON – A Correctional Officer working at the D.C. jail pleaded guilty today to receiving bribes to smuggle drugs into the D.C. jail. Beverly Williams, 52, of Upper Marlboro, Maryland, pleaded guilty in United States District Court to one count of bribery. U.S. District Court Judge Dabney L. Friedrich scheduled a sentencing hearing for June 12, 2023. United States Attorney Matthew M. Graves and FBI Assistant Director in Charge David Sundberg of the Washington Field Office made the announcement.
According to court documents, as part of her plea, Williams admitted that, between June and September of 2022, while working as a Correctional Officer at D.C. jail, she accepted bribe payments to smuggle packages containing narcotics into D.C. jail. Williams conspired with Keywaune McLeod, 28, of Washington D.C., and an inmate in D.C. jail. In return for the bribe payments, Williams would receive packages of drugs from McLeod and smuggle them into the facility by concealing them on her body. Once inside the D.C. jail, Williams would transfer the drugs to the inmate who would then distribute the drugs for a profit. McLeod, who was accepting and managing the proceeds from such distribution, used CashApp to make bribe payments to Williams for the drug smuggling.
Previously, in September and October 2022, Williams was charged as part of a three-co-defendant complaint, later followed by an indictment. Specifically, McLeod, Williams, and Andre Gregory, 31, who was incarcerated at the D.C. jail’s CDF while awaiting trial, were charged with conspiracy, bribery, and smuggling. All charges as to Gregory remain pending.
The bribery charge carries a statutory maximum sentence of 15 years in prison, as well as potential financial penalties. The federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Washington Field Office is investigating the case.
This case is being prosecuted by Assistant U.S. Attorneys Gauri Gopal and Ahmed Baset with assistance from Paralegal Specialist Lisa Abbe, of the U.S. Attorney’s Office for the District of Columbia’s Fraud, Public Corruption, and Civil Rights Section.
A complaint and an indictment are merely allegations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Convicted Felon Indicted for Possession of A Firearm and AmmunitionRead the Press Release
Tampa, FL - United States Attorney Roger B. Handberg announces the return of an indictment charging Jojuan Lindsey (27, St. Petersburg) with one count of possession of a firearm and ammunition by a convicted felon. If convicted, Lindsey faces up to 15 years in federal prison.
According to the indictment, on December 27, 2022, Lindsey possessed a Glock model 42 semiautomatic pistol and six rounds of Hornady 38 Auto ammunition. Lindsey has previously been convicted of six felonies, including battery of a law enforcement officer; burglary; fleeing or eluding a law enforcement officer; and three separate convictions for sale or delivery of heroin. As a previously convicted felon, Lindsey is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Samantha Newman. The forfeiture is being handled by Assistant United States Attorney Suzanne Nebesky.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This 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.
Columbia Man Involved in a Shooting Incident Sentenced to 46 Months in Federal Prison for Possession of a FirearmRead the Press Release
COLUMBIA, SOUTH CAROLINA —Eric Grier, 55, of Columbia, was sentenced to 46 months in federal prison for possession of a firearm by a person convicted of a felony.
Evidence presented to the Court showed that on the night of October 10, 2020, the Columbia Police Department (CPD) received a ShotSpotter alert from the Celia Saxon neighborhood. As CPD officers responded to the scene, Grier was fleeing in a white car. Officers tried to initiate a traffic stop, but Grier refused to stop and tried to elude law enforcement officers until he lost control of his car and stopped on a curb. Officers removed Grier from the car and found a discarded handgun near the passenger door. The slide of the gun was locked back, indicating the gun had been fired until the magazine was empty.
While Grier was in custody, officers found 10 spent shell casings near the area where they first saw Grier’s vehicle. The shell casings were linked to the gun found near Grier’s car via a NIBIN lead. Officers also executed a search warrant to test Grier’s hands for gunshot residue. Analysts with the South Carolina Law Enforcement Division (SLED) confirmed the spent shell casings recovered by CPD were fired from the gun found near Grier’s car, and Grier had gunshot residue on his hands. Before this incident, Grier had multiple convictions for criminal domestic violence.
United States District Judge Mary Geiger Lewis sentenced Eric Grier to 46 months in prison, to be followed by a three-year term of court-ordered supervision. There is no parole in the federal system.
This case was made possible by investigative leads generated from the ATF’s National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
The 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.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Columbia Police Department. Assistant U.S. Attorney Lamar J. Fyall is prosecuting the case.
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Colorado Man Sentenced to 31 Years for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Jose O. Maes, 38, of Colorado Springs, Colorado, was sentenced today in Lincoln, Nebraska, by Senior United States District Judge John M. Gerrard to 31 years in federal prison for conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine mixture with a prior violent felony conviction. Maes was convicted of the offense in November of 2022 after a three-day trial. Following the prison term, Maes will serve 15 years on supervised release. There is no parole in the federal system.
Testimony and evidence presented at trial showed between June of 2020 and February 12, 2021, Maes was involved in a methamphetamine distribution organization which transported multiple pounds of methamphetamine from the Colorado Springs, Colorado, area to the Lincoln and Omaha, Nebraska/Council Bluffs, Iowa areas between the latter part of 2020 and February 12, 2022.
On February 11, 2022, investigators with the Lincoln/Lancaster County Narcotics Task Force saw Maes meet with two co-conspirators at the Horseshoe Casino in Council Bluffs. The three were engaged in what appeared to be the transfer of drugs in the casino parking garage. Shortly thereafter, an exchange of cash occurred at a nearby gas station. Later that evening, the two co-conspirators, driving separate vehicles, were stopped on westbound Interstate 80 on their way back to Lincoln by the Nebraska State Patrol. Both vehicles were searched, and a total of approximately four pounds of methamphetamine, numerous fentanyl pills, two handguns and $5,000 in cash were found.
As a result of these stops and searches, Iowa investigators were told Maes was believed to have returned to the casinos and was likely in possession of methamphetamine, cash and a firearm. Around 2:30 a.m. on February 12, 2022, an investigator from the Iowa Division of Narcotics Enforcement and a Council Bluffs Police Officer found Maes’s car in the Harrah’s Casino parking garage. Maes evaded efforts to contact him. This resulted in a pursuit involving multiple law enforcement agencies which ended approximately 30 miles away in a rural area of Pottawattamie County, Iowa. A search of Maes’s car resulted in the seizure of ¼ ounce of methamphetamine, a few fentanyl pills, a loaded handgun with an extended magazine and more than $34,153 in cash. That cash was later forfeited to the United States of America by the Federal Bureau of Investigation (FBI).
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force, the Nebraska State Patrol, the Iowa Division of Narcotics Enforcement, the Iowa Division of Criminal Investigation, the Iowa Division of Intelligence, the Council Bluffs Police Department, the Pottawattamie County Sheriff’s Department, the Iowa State Patrol, the Omaha Police Department, and Federal Bureau of Investigation.
Clayton Woman Pleads Guilty to Defrauding North Carolina MedicaidRead the Press Release
RALEIGH, N.C. – Lakia Lateefah Washington, 39, who fraudulently claimed to provide counseling services to fake patients, including an unborn child, pled guilty to defrauding North Carolina Medicaid. Washington faces up to 10 years in prison and a potential fine.
“This defendant stole money from a taxpayer-funded program intended to help individuals and families cover essential healthcare,” said U.S. Attorney Michael Easley. “My office will continue to investigate and prosecute these cases of fraud.”
According to the information and evidence summarized in court, Washington was a licensed mental health counselor registered with North Carolina Medicaid (“Medicaid”) since 2015. Through her business, L.W. Therapeutics & Consulting, LLC, Washington began fraudulently billing Medicaid as early as January 2018. Washington received names, dates of birth and/or Medicaid beneficiary numbers of Medicaid beneficiaries for which she paid a small finder’s fee. Washington would then use that beneficiary data to fraudulently submit claims to Medicaid for services never rendered. In egregious examples, Washington fraudulently billed Medicaid for over 24 one-hour mental health appointments in a single day; and billed Medicaid for in-person services rendered in disparate locations in Eastern North Carolina within close temporal proximity. In another instance, Washington submitted claims for services rendered to an unborn beneficiary still in utero at the time of the purported service being rendered. In total, Washington’s actions led to the disbursement of over $800,000 by Medicaid from 2018 to 2020.
“This person defrauded Medicaid of money that should have gone to people’s health care,” said North Carolina Attorney General Josh Stein. “My office will continue to hold people responsible when they cheat taxpayers.”
“Those who fraudulently bill Medicaid for services never actually provided threaten the integrity of this important safety net program, which is designed to provide medically necessary services to some of the most vulnerable individuals in our country,” said Special Agent in Charge Tamala E. Miles of the Department of Health and Human Services Office of the Inspector General. “Working closely with our law enforcement partners, our agency continues to thoroughly investigate such fraud schemes and hold scammers accountable for their actions.”
The Center for Medicaid Services, within the federal Department of Health and Human Services, is responsible for overseeing the Medicaid program in North Carolina, which has been administered by the North Carolina Department of Health and Human Services since 1978. Medicaid providers are assigned a National Provider Identifier, which they use to submit claims for reimbursement for services rendered to Medicaid beneficiaries.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after U.S. District Judge Terrence W. Boyle accepted the plea. The U.S. Department of Health and Human Services, Office of the Inspector General, is leading the investigation with the assistance North Carolina Medicaid Investigations Division, and Assistant U.S. Attorney David G. Beraka is prosecuting the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case Nos. 5:23-cr-00065-BO.
City of Holyoke Settlement Will Address Pollution in Connecticut RiverRead the Press Release
BOSTON – The City of Holyoke has entered into a proposed consent decree with federal and state environmental enforcement authorities agreeing to resolve violations of the Clean Water Act and Massachusetts state law to reduce future sewage discharges into the Connecticut River from the City’s sewer collection and stormwater systems.
The consent decree, filed today in federal court, is the result of an enforcement action brought by the Department of Justice, on behalf of the U.S. Environmental Protection Agency (EPA) and the Massachusetts Attorney General’s Office, on behalf of the Massachusetts Department of Environmental Protection (MassDEP).
As stated in the settlement document, Holyoke discharges pollutants from combined sewer overflow (CSO) into the Connecticut River in violation of its federal and state wastewater discharge permits. In full cooperation with federal and state environmental agencies, the City has taken steps in recent years to address these discharges, including finalizing a CSO long term control plan and eliminating the Jackson Street CSO. The consent decree will require the City to undertake further sewer separation work that will eliminate or reduce additional CSO discharges.
The City will also conduct sampling of its storm sewer discharges, work to remove illicit connections, and take other actions to reduce pollution from stormwater runoff. The consent decree also includes a $50,000 penalty for past permit violations as a result of CSO discharges.
In 2019, at the request of the Department of Justice and the Massachusetts Attorney General, the court entered a partial consent decree whereby Holyoke agreed to develop a long-term plan for reducing sewer discharges. The consent decree filed today represents the parties’ proposed final agreement to reduce sewer discharges and would supersede the prior decree.
“Fiercely protecting our environment is a civil and human rights issue and ensuring that every community has clean water is a vital part of that work. This consent decree better protects the residents of Holyoke and every single community that lives along and enjoys the Connecticut River,” said United States Attorney Rachael S. Rollins. “We will continue to require with the full force of the federal government that every community is healthy and safe.”
“Today’s settlement will significantly reduce pollution in the Connecticut River and improve water quality for the Holyoke community,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The Justice Department will continue pursuing environmental justice in communities burdened by pollution in rivers and streams to support the health and safety of all communities.”
“This settlement is good news for Holyoke citizens, and for the health and enjoyment of the Connecticut River and downstream communities. As Holyoke includes historically disadvantaged communities, this settlement is especially important for ensuring that all citizens can enjoy a clean and healthy environment,” said EPA New England Regional Administrator David W. Cash. “EPA is committed to continuing to work with the city to ensure that residents who live along the Connecticut River have clean and safe water. The timing of this is fortunate, as funding assistance available in the Bipartisan Infrastructure Law may help defray costs borne by local ratepayers.”
Holyoke owns and operates a sewer collection system that services approximately 70% of the City, two-thirds of which carries both sewage and stormwater. Most of the time, the combined system transports all wastewater to the facility for treatment. However, during periods of heavy rain the wastewater volume can exceed the capacity of the sewer system or the treatment facility and the excess wastewater will discharge to the Connecticut River without treatment. CSO discharges contain raw sewage and are a major water pollution concern.
The proposed consent decree is subject to a 30-day public comment period and approval by the federal court. Once it is published in the Federal Register, a copy of the consent decree will be available on the Justice Department website at https://www.justice.gov/enrd/consent-decrees.
U.S. Attorney Rollins; AAG Kim; EPA Regional Administrator Cash; Massachusetts Attorney General Campbell; and MassDEP Acting Commissioner Gary Moran made the announcement today. Assistant U.S. Attorney Brian M. LaMacchia of Rollins’s Affirmative Civil Enforcement Unit, Assistant Attorney General I. Andrew Goldberg of Campbell’s Environmental Protection Division, Tonia Bandrowicz of EPA and Henry Friedman of the Environmental Enforcement Section of the Department of Justice handled the matter.
Casper, Wyoming Woman Charged with Arson in Wellspring Health Access ArsonRead the Press Release
Cheyenne, WY¾ LORNA ROXANNE GREEN, 22, of Casper, Wyoming, has been arrested and charged by complaint with arson of a facility engaged in interstate commerce. The defendant will make her initial appearance before United States Magistrate Judge Kelly H. Rankin on March 23, 2023 at 9 a.m. in Cheyenne. The affected facility is Wellspring Health Access Clinic, which was scheduled to open June 14, 2022. The clinic intended to offer services of OB/GYN care, gender-affirming care, and abortion procedures. The arrest took place on March 21, 2023, in Casper, Wyoming by the Casper Police Department, the Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
On May 25, 2022, at about 3:49 a.m., Casper Police Department officers responded to the Wellspring Health Access Clinic in Casper, Wyoming. Officers observed smoke coming from the east side of the building and dispatched the Casper Fire Department who responded and extinguished the fire. Through witness accounts and video surveillance, investigators identified a suspect who had gained entry by breaking a window, pouring gas in the facility, then leaving just prior to the reporting party calling in suspicious activity.
On March 3, 2023, the Casper Police Department, with the assistance of an anonymous donor, issued a press release soliciting the public for leads in the case, with an additional $10,000 reward. Shortly after that, several tipsters identified a potential suspect, which led to the filing of charges after additional investigation.
“This case demonstrates how valuable tips are from the community,” said United States Attorney Nicholas Vassallo. “Every tip received was shared with and evaluated by cooperating law enforcement partners from the Casper Police Department, FBI, and ATF. Several tips from the public and the hard work of the investigators were instrumental in identifying and arresting Lorna Green.”
“The progress we’ve made in this complicated investigation is a perfect example of the strong working relationships we have with our Federal Law Enforcement partners,” said Chief of Police Keith McPheeters. “The FBI and the ATF provided significant resources and expertise to the Casper Police Department, working hand-in-hand with our detectives and officers throughout this lengthy investigation. Importantly, our community members also assisted in bringing this investigation to this stage. We would like to thank and recognize the dedicated investigators and citizens who contributed to the investigation of this dangerous arson incident.”
"ATF Certified Fire Investigators provided expert investigative and logistical support to the Casper Police Department where they worked together in determining the origin and cause of this arson, said Acting ATF Special Agent in Charge Kirk Howard. “While established local and federal partnerships contributed greatly, we are especially grateful to the Casper community for their pivotal engagement.”
"The FBI is grateful for the relationships it maintains with local, state, federal and tribal partners," said Denver FBI Special Agent in Charge Mark Michalek. "It cannot be stressed enough that these kinds of partnerships are integral to keeping our communities safe. We are appreciative of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Casper Police Department, and the U.S. Attorney's Office for the District of Wyoming for their collaborative work in this case."
If convicted, Green faces a minimum of five years and up to 20 years’ imprisonment, up to a $250,000 fine, three years of supervised release, and a $100 special assessment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This crime is being investigated by the Casper Police Department, ATF, and FBI.
A complaint merely contains allegations, and every defendant is presumed innocent unless and until proven guilty.
Case No: 23-MJ-17-J
Boston Man Indicted for Fentanyl Distribution OffenseRead the Press Release
BOSTON – A Boston man has been indicted by a federal grand jury in Boston for a drug distribution offense involving fentanyl.
Csean Skerritt, a/k/a “Shizz Grimmy,” a/k/a “Black,” 34, was indicted on one count of distribution of 40 grams or more of fentanyl. Skerritt was previously arrested and charged by criminal complaint on Feb. 6, 2023.
According to the charging documents, on Feb. 1, 2023, Skerritt agreed to sell 50 grams of fentanyl to an individual in exchange for $1,500. It is alleged that, following a series of communications, Skerritt met the individual at a pre-arranged location. There, Skerritt allegedly entered the individual’s car and provided approximately 55 grams of fentanyl in exchange for the agreed-upon amount.
The charge of distribution of 40 grams or more of fentanyl provides for a sentence of at least five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Boston Police Commissioner Michael Cox; and Suffolk County District Attorney Kevin Hayden made the announcement today. Assistant U.S. Attorney John T. Dawley of Rollins’ Organized Crime & Gang Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.