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Monday 20 March 2023
Athens, Georgia, Pain Medicine Owner, Practice Manager Agree to $5 Million Settlement Resolving Violations Under the False Claims ActRead the Press Release
ATHENS, Ga. –A $5,000,000 civil settlement has been reached with Mark A. Ellis, M.D., and his practice, Ellis Pain Center (EPC), a pain management practice in the Athens area. Part of the civil settlement includes EPC’s practice manager, Patsy Allen.
The case that was resolved by this settlement agreement—U.S. v. Mark A. Ellis, M.D., Patsy Allen, Mark A. Ellis, M.D., P.C., and Ellis Practice Management, LLC, 3:19-cv-107—was filed on Nov. 27, 2019. The settlement was finalized on Friday, March 17, 2023.
The defendants agreed to pay $5,000,000 to the United States to resolve allegations that they violated the False Claims Act (FCA) by submitting bills to the Medicare program for urine drug tests that were not performed, urine drug tests that were not medically necessary and for diagnostic tests that were not medically necessary for the treatment of its pain patients. The settlement resolves a civil investigation initiated by the Northern District of Georgia in the throes of the opioid epidemic. In 2015, the Middle District of Georgia joined the investigation and the two offices worked together to bring about today’s announced resolution.
“Together with our colleagues at the U.S. Attorney’s Office for the Northern District of Georgia, our attorneys have successfully concluded years of hard-fought litigation on behalf of the citizens,” U.S. Attorney Peter Dr. Leary. “This office will continue to relentlessly pursue allegations of false billing for services not actually rendered to patients, particularly where opioids are involved.”
“We will not allow health care providers to engage in schemes designed to enrich themselves and deplete the funds intended for the government’s federal health care programs,” said Ryan K. Buchanan, U.S. Attorney for the Northern District of Georgia. “Our partnership with the U.S. Attorney’s Office for the Middle District of Georgia resulted in a just resolution on behalf of the Medicare Program and the taxpayers.”
“Providers that bill Medicare for medically unnecessary procedures waste taxpayer dollars while drawing down on funds intended to support critical services for vulnerable patients,” stated Tamala Miles, Special Agent in Charge with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “With our law enforcement partners, HHS-OIG is committed to investigating potentially fraudulent billing that can compromise the integrity of our federal health care programs.”
The FCA is a federal law that imposes civil liability on any persons or entities who submit, or cause to be submitted, false claims for payment on the federal government or its contractors. The liability that can be imposed under the statute is treble damages (that is, three times the loss caused by the false claims) and a civil penalty between $12,537 to $25,076 per false claim. The FCA is the primary authority used by the United States Attorney’s Office’s Civil Division to redress fraud, waste, and abuse within federal programs, including, but not limited to, Medicare, Medicaid, and TRICARE.
The United States alleges that Dr. Ellis, Patsy Allen and EPC billed Medicare for individual and expensive quantitative urine drug tests that it did not actually conduct and, in fact, could not have conducted on its immunoassay analyzer. Additionally, Dr. Ellis, Ms. Allen and EPC allegedly billed Medicare for the same urine drug tests and diagnostic tests on its patients without regard to the patients’ individual signs, symptoms and medical needs and simply in a desire to increase EPC’s revenue.
The claims resolved by this settlement are allegations only, and there has been no determination or admission of liability.
This case was investigated by Special Agent Michael Britton and Investigator Shaketia Morgan of the U.S. Department of Health and Human Services-Office of the Inspector General (HHS OIG).
Assistant U.S. Attorneys Todd P. Swanson and Bowen Shoemaker of the Middle District of Georgia and Assistant U.S. Attorney Neeli Ben-David for the Northern District of Georgia represented the United States in civil action and settlement agreement.
Armed Drug Trafficker with Prior Federal Conviction Is Sentenced to 25 Years in PrisonRead the Press Release
CHARLOTTE, N.C. – Lance Richardson Pagan, 52, of Gastonia, N.C., was sentenced to 25 years in prison today, followed by six years of supervised release for drug and gun offenses, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Trent Conrad of the Gastonia Police Department (GPD) join U.S. Attorney King in making today’s announcement.
According to filed court documents and evidence presented at trial, law enforcement learned that Pagan was trafficking narcotics in Gaston County. At the time, Pagan was on supervised release for a previous federal drug conviction for which he was sentenced to seven years in prison. On January 12, 2022, law enforcement executed a search warrant at Pagan’s residence and seized a trafficking amount of cocaine and cocaine base, and three firearms. Due to Pagan’s prior convictions, he is prohibited from possessing a firearm or ammunition.
A federal jury convicted Pagan of possession with intent to distribute cocaine base and cocaine and possession of firearm by convicted felon. Pagan is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons.
U.S. Attorney King credited today’s sentence to investigations led by the Western District’s Organized Crime Drug Enforcement Task Forces (OCDETF), which have resulted in the conviction of more than 70 individuals, and the seizure of over 567 kilograms of cocaine, more than six kilograms of cocaine base, more than 17 kilograms of methamphetamine, more than four kilograms of heroin, over 30 kilograms of fentanyl, 127 firearms, and more $437,000 in cash and other property.
OCDETF identifies, disrupts, and dismantles criminal organizations using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
In making today’s announcement, U.S. Attorney King thanked the FBI and GPD. Assistant U.S. Attorney Steven R. Kaufman, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Anoka Man Pleads Guilty to Possession of a Machine Gun, MethamphetamineRead the Press Release
MINNEAPOLIS – An Anoka man has pleaded guilty to illegal possession of a machinegun and possession with intent to distribute methamphetamine, announced U.S. Attorney Andrew M. Luger.
According to court documents, in April 2022, the FBI began investigating Darrian Mitchell Nguyen, 50, based on a tip from a Confidential Human Source (CHS) that Nguyen was in possession of explosive devices, firearms, and methamphetamine, and had expressed a desire to join the Three Percenter militia group, a loosely organized anti-government extremist movement. The CHS told law enforcement that Nguyen kept weapons, including rifles, shotguns, handguns, a grenade launcher, and pipe bombs in “secret” rooms built within the walls of his residence.
According to court documents, to correct a debt owed to the defendant, Nguyen asked the CHS to provide him with firearms, specifically a short-barreled rifle equipped with an auto sear. Through text messages, Nguyen arranged to meet with the CHS to receive four auto sears and a short-barreled rifle equipped with an auto sear. During conversations with the CHS about obtaining firearms, Nguyen discussed interest in a revolution or coup-d’état. At the arranged meeting on October 4, 2022, after Nguyen took possession of the machine gun and the auto sears, law enforcement arrested Nguyen and executed a search warrant at his residence. Law enforcement recovered several firearms from a hidden room and elsewhere inside the residence, including an additional short-barreled rifle and a short-barreled shotgun that Nguyen was not registered to possess.
Nguyen pleaded guilty today in U.S. District Court before Senior Judge Donovan W. Frank to one count of possession with intent to distribute methamphetamine and one count of unlawful possession of a machinegun.
This case is the result of an investigation conducted by the FBI.
Assistant U.S. Attorney Manda M. Sertich and Department of Justice Trial Attorney Justin Sher are prosecuting the case.
Acute Care Hospital and Radiology Imaging Practice to Pay More Than $2 Million to Resolve a False Claims Act Case Regarding the Billing of Services to Medicare and MedicaidRead the Press Release
Baltimore, Maryland – Luminis Health Doctors Community Medical Center, Inc., (“DCMC”), and Diagnostic Imaging Associates, LLC (“DIA”), both located in Lanham, Maryland, have agreed to pay the United States $2,002,052.17 to resolve allegations that they violated the federal False Claims Act.
According to the settlement agreement, DCMC and DIA entered into a long-standing arrangement whereby DIA billed Medicare and Medicaid under its assigned number for both the professional services provided by DIA and for the technical services rendered by DCMC’s outpatient cancer screening facility (the “Center”). DIA then paid the Center a portion of the Medicare or Medicaid reimbursed global fee for the technical services provided by the Center. The Center was not enrolled in Medicare and Medicaid during that time, so it did not have a billing number and was not eligible for reimbursement from those programs.
The civil settlement was announced by United States Attorney for the District of Maryland, Erek L. Barron and Special Agent in Charge Maureen Dixon, Office of Investigations, Office of Inspector General of the Department of Health and Human Services.
“The resolution in this matter demonstrates the commitment of the United States Attorney’s Office to rigorously protect Medicare and Medicaid from those who would flout the regulations prescribed by those programs for the reimbursement of medical care,” said United States Attorney Erek L. Barron.
“Health care providers have a responsibility to follow the law, and exploiting insurers for personal gain defies that objective,” stated Maureen Dixon, Special Agent in Charge with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG is committed to safeguarding the integrity of our federal health care programs. We thank the tireless efforts of our agents and law enforcement partners to fight fraud that targets these programs and to protect taxpayer dollars that fund them.”
DCMC owns and operates a hospital (“Hospital”) that provides acute care services, including radiation oncology and breast health care services. Specifically, the Hospital provides biopsy and mammography services and bone density screenings to diagnose and treat breast cancer and other diseases through an outpatient cancer screening facility (the Center). DIA provides diagnostic and interventional radiology services. DIA executed a written agreement with the Hospital to provide diagnostic and interventional radiology services to the Center, as well as the interpretation of such tests. The Center, through the Hospital, provided the imaging equipment, office space, technicians and supplies to facilitate the performance of the radiology-related tests. The contract between the Hospital and DIA specified that tests performed at the Center would be billed by the Center on a global fee basis under the Center’s provider number, with DIA being paid a percentage of the Medicare or Medicaid reimbursed global fee for performing the professional component, that is, interpreting the tests. A global fee reflects payment for both the technical and professional components of a medical service billed together as a unit.
However, the Center did not obtain its own number under which it could bill Medicare and Medicaid for the services provided to beneficiaries insured by those programs. Between March 15, 2010, and October 19, 2020, by agreement between the Hospital and DIA, DIA submitted claims to Medicare and Medicaid using DIA’s supplier number to bill those programs for both the professional and technical components of the services rendered in the Center even though the Hospital performed the technical component of the Center’s services. Both the Hospital and DIA knew that the Center did not have a billing number as required by Medicare and Medicaid to be eligible for reimbursement for rendered medical services.
The claims resolved by this settlement are allegations. The settlement is not an admission of liability by DCMC and DIA, nor a concession by the United States that its claims are not well founded. The case arose from DCMC’s and DIA’s reporting of the billing arrangement to the United States Department of Health and Human Services Provider Self-Disclosure Protocol; DCMC and DIA cooperated throughout the ensuing federal investigation conducted by the United States Attorney’s Office for the District of Maryland.
United States Attorney Erek L. Barron commended the DHHS-OIG for its work in this investigation. Mr. Barron thanked Assistant U.S. Attorney Tarra DeShields who handled this case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to report fraud, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/report-fraud.
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26-Year-Old Man Pleads Guilty to Assaulting Two Border Patrol AgentsRead the Press Release
TUCSON, Ariz. – Miguel Angel Acatzihua-Temoxtle, 26, of Mexico, pleaded guilty Wednesday before United States Magistrate Judge Jacqueline Rateau to one count of Assault on a Federal Officer Resulting in Bodily Injury and one count of Assault on a Federal Officer with the Use of a Deadly or Dangerous Weapon.
On May 31, 2022, near Newfield, Arizona, on the Tohono O'odham Nation, United States Border Patrol agents, as part of their official duties, were assigned to Border Patrol operations at the San Miguel Forward Operating Base. While on duty, the agents received information that several groups of undocumented non-citizens were passing though the Baboquivari Mountain range. Agents inspected the area where one of the subjects, later identified as Acatzihua-Temoxtle, was located.
Acatzihua-Temoxtle fled from the agents by running up the side of a wash while kicking several large boulders above one of the agents to slow his pursuit. While Border Patrol was trying to detain him, Acatzihua-Temoxtle physically assaulted two agents, which included the use of an agent’s flashlight and use of an agent’s lanyard which held night vision goggles. The agents ultimately detained and arrested Acatzihua-Temoxtle.
A conviction for assault on a federal officer resulting in bodily injury carries a maximum penalty of 20 years in prison, and up to a $250,000 fine. A conviction for assault on a federal officer with the use of a deadly or dangerous weapon carries a maximum penalty of 20 years in prison, and up to a $250,000 fine.
Customs and Border Protection’s United States Border Patrol conducted the investigation in this case. Assistant United States Attorney Raquel Arellano, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-22-01420-TUC-JCH-JR
RELEASE NUMBER: 2023-038_Acatzihua-Temoxtle# # #
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.
Saturday 18 March 2023
Schenectady Felon Admits to Possessing Fentanyl and Cocaine Base for Distribution, and Possessing Firearms in Furtherance of Drug TraffickingRead the Press Release
ALBANY, NEW YORK – Charles Whorley, age 35, formerly of Schenectady, New York, pled guilty yesterday to possessing and intending to distribute fentanyl and cocaine base, and to possessing firearms in furtherance of a drug trafficking crime.
United States Attorney Carla B. Freedman; John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and New York State Police (NYSP) Acting Superintendent Steven A. Nigrelli made the announcement.
Whorley admitted to distributing fentanyl on several dates in June 2020, and to possessing 94 grams of fentanyl and 77 grams of cocaine base, which he intended to distribute, at his residence in Schenectady on June 25, 2020. Whorley, a previously convicted felon, further admitted to possessing three loaded handguns at his residence, which allowed him to better protect the drugs and the cash proceeds from the sale of drugs.
Whorley faces at least 5 years and up to life in prison, a fine of up to $1 million, and a term of post-imprisonment supervised release of at least 3 years and up to life when he is sentenced on July 19, 2023, by United States District Judge Mae A. D’Agostino. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The NYSP and ATF investigated this case with assistance provided by the Schenectady County District Attorney’s Office. Assistant U.S. Attorney Emmet O’Hanlon is prosecuting this case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Friday 17 March 2023
Wilmington Gang Member Armed with “Ghost Gun” Sentenced to More Than 11 Years for Trafficking MethRead the Press Release
NEW BERN, N.C. – Shamar Keaton, also known as “Sleeze” and “Sleeze Ru Gambino,” 32, of Wilmington, was sentenced to 135 months in prison for drug trafficking. According to law enforcement, Keaton was a member of the United Blood Nation in Wilmington.
According to court documents, evidence presented in court, and other documents, on December 15, 2021, an individual working at the direction of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) purchased more than 20 grams of methamphetamine from Keaton. Keaton was wearing an ankle monitor that he had been ordered to wear by the North Carolina State Court system. Keaton had a prior state conviction for possession of a stolen firearm.
On March 5, 2022, the same individual made another controlled purchase, this time for approximately two ounces of pure methamphetamine. During the deal, Keaton said that he had a 9mm “ghost gun” (a term for a privately manufactured firearm without serial numbers or other identifying marks that cannot be traced by law enforcement). Keaton said that he had a source for ghost guns. Keaton explained that it would cost $600 to get all the parts and then his source charges $200 to assemble the gun. Keaton was arrested by ATF on March 16, 2022.
This is part of “Operation Golfer,” which is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launders, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Marshals Service, the Wilmington Police Department, and the Duplin, New Hanover and Brunswick County Sheriffs’ Offices investigated the case. Assistant U.S. Attorneys Timothy Severo and Gabe Diaz prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:22-cr-00049-FL-001.
Whitley County Man Pleads Guilty to Federal Murder ChargeRead the Press Release
LONDON, Ky. - A Woodbine, Ky., man, Daniel Scott Nantz, 33, entered a guilty plea on Thursday, before U.S. District Judge Robert E. Wier, to the intentional murder of a federal witness, Geri D. Johnson.
According to the investigation and plea agreement, Nantz was engaged in methamphetamine trafficking throughout Whitley County from March of 2017 through March of 2019. In the Spring of 2019, some of Nantz’s methamphetamine sources of supply and co-conspirators were indicted by a federal grand jury. One of these co-conspirators was Johnson, who was pregnant, and with whom Nantz had a romantic relationship.
Prior to the murder, Nantz learned that Johnson had provided a statement to law enforcement and had been offered the opportunity to cooperate against him. Nantz discussed the fact he was a target of the federal methamphetamine trafficking investigation with Johnson. A handwritten note, written by Nantz, was recovered from the murder scene, which read “Funeral/fed’s pulled geri out asking questions.” Nantz had grown increasingly concerned that he too would be indicted for methamphetamine trafficking and that Johnson would cooperate against him. He also sent text massages to Johnson in the days leading up to the murder. On March 13, 2019, Nantz texted Johnson “I’ll kill you [expletive].” And on March 14, 2019, Nantz texted Johnson, “Your very dangerous for me. Very very dangerous.”
Then, on March 16, 2019, Johnson was home, with Nantz’s minor children, at Nantz’s trailer in Woodbine. Nantz arrived, ordered his children into their bedroom, and followed Johnson outside the residence. Nantz then shot the victim twice with a .38 revolver. One round struck the victim in the back right shoulder and the other pierced the victim’s neck. The autopsy revealed the round through the victim’s neck ultimately caused her to asphyxiate on her blood.
After the shooting, Nantz drove Johnson to the hospital in Corbin, Kentucky, where she was pronounced dead. Johnson’s daughter was born, via emergency Cesarean section, at seven months gestation. The child died several days later, due to the damage she suffered from the loss of oxygen and blood caused by her mother’s injuries.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Shawn S. Morrow, Special Agent in Charge, ATF, Louisville Field Division; and Commissioner Phillip Burnett, Kentucky State Police, jointly announced the guilty plea.
The investigation was conducted by the ATF and KSP. The United States was represented by Assistant U.S. Attorney Jenna E. Reed.
Nantz is scheduled to be sentenced on July 17, 2023. Nantz faces a mandatory minimum of Life in prison and a $250,000 fine.
This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
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U.S. Attorney Announces Arrest of Yonkers Man for Threatening to Kill Yonkers Police OfficersRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Michael J. Driscoll, Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), and Christopher Sapienza, Commissioner of the City of Yonkers Police Department (“YPD”), announced that RIDON KOLA was arrested today based on a criminal Complaint filed in White Plains federal court charging KOLA with making threatening interstate communications, in which KOLA threatened to kill officers of the YPD and the Mayor of Yonkers. KOLA will be presented in White Plains federal court later today before United States Magistrate Judge Paul E. Davison.
U.S. Attorney Damian Williams said: “As alleged, Ridon Kola posted threats on social media against law enforcement, stating his support for ISIS and his intention to murder numerous police officers. Undeterred after questioning from law enforcement, Kola’s conduct escalated, as he continued to assure police his threats would be carried out. Threatening violence against police or to undermine public safety will not be tolerated, as Kola now stands charged and faces prison time for his threats against our dedicated law enforcement partners tasked with keeping us safe.”
FBI Assistant Director Michael J. Driscoll said: “As we allege today, Kola, who has demonstrated support for radical Islamic extremism and terrorist attacks, made a series of threats to the lives of law enforcement and others, and now he will be forced to face the consequences of his actions. Counterterrorism remains the FBI’s top priority, and through our NY JTTF, we remain committed to keeping all New Yorkers safe from acts of terror.”
NYPD Commissioner Keechant L. Sewell said: “The NYPD remains steadfast in its commitment to fight against the grave threat of violence and hate in every form. This arrest reinforces our work to protect people and ensure consequences for those who are charged with threatening our way of life. I want to thank the members of the FBI-NYPD Joint Terrorism Task Force, the United States Attorney’s Office for the Southern District of New York, and everyone else who worked to interdict and stop this threat.”
YPD Commissioner Christopher Sapienza said: “The safety of our residents, our community, and the members of our Police Department is paramount; every threat is investigated to the fullest extent possible. Thankfully, due to the outstanding collaborative efforts of the FBI’s New York Joint Terrorism Task Force and our Yonkers Police Intelligence Division, our City will enjoy a safe Saint Patrick’s Day parade tomorrow free from intimidation by bad actors.”
As alleged in the Complaint unsealed today:[1]
KOLA has engaged in escalating threats of violence against, among others, law enforcement, culminating in recent online threats against the YPD in connection with the Yonkers St. Patrick’s Day parade scheduled for Saturday, March 18. KOLA’s posts demonstrate support for radical Islamic extremism and terrorist attacks. In a recent threatening post, KOLA displayed himself with an axe.
On November 19, 2021, KOLA posted to a YPD official social media account a message in Albanian that translated to the following: “I am going to slaughter you little girls.”
On December 5, 2021, KOLA posted to the same YPD social media account a message stating that: “Starting tomorrow I will start killing your officers just so u know who is doing it, Ridon Kola Albanian blood,” and that he would also kill the Mayor of Yonkers.
Following those threats, in December 2021, YPD detectives interviewed KOLA at his residence. KOLA admitted to making the threatening posts but claimed he had no plans to harm YPD officers or the Mayor. Based on his demeanor, YPD subsequently issued a warning to officers to exercise diligence and caution in any encounters with KOLA. Beginning in early 2023, and continuing in the days leading up to the planned St. Patrick’s Day parade, KOLA has escalated his threats against the YPD and other government officials and has expressed his support for violent Islamic extremism and terrorist attacks.
In January 2023, KOLA posted multiple statements expressing support for “jihad,” or “to war against non-Muslims,” and the establishment of a “caliphate,” and depicting the raised index finger gesture used by jihadist groups, including the terrorist organization the Islamic State of Iraq and al-Sham (“ISIS”).
On March 6, 2023, appearing to reference YPD’s prior interview of KOLA, KOLA sent a direct message to the YPD social media account stating: “I’m looking for that officer that came to my house and threatened me and my family to kill us. I’m going to burn the world until I find him Vallahi [by God], no matter what happens to me there will never be peace in this country anymore! Allahu Ekberr.” The phrase “Allahu Ekberr” is one form of an Arabic phrase meaning “God is great,” which radical Islamic extremists have proclaimed in connection with the commission of terrorist attacks.
The next day, March 7, 2023, KOLA posted a statement praising Sayfullo Saipov, the recently convicted perpetrator of a terrorist attack for ISIS in which Saipov used a truck on Halloween in 2017 to murder eight victims and injure many more on a bike bath in lower Manhattan. KOLA referred to Saipov as “my BROTHER.”
As of March 9, 2023, KOLA’s social media account profile included the statement, “Now is personal America and the world!!!” and a threat to burn “cia fbi nsa police jud[g]es alive w their families too!”
Also on March 9, KOLA sent two direct messages to the YPD social media account stating: “First people to be crucified will be the Yonkers rats Vallahi. Allahu Ekberr”; and “I will crucify Yonkers cops and their bosses all along McLean ave. It will be a horror scene . . . Allahu Ekberr.” McLean Avenue in Yonkers is part of the route for the Yonkers St. Patrick’s Day Parade taking place on March 18, and numerous YPD officers will be posted to the parade route along that street. KOLA’s residence is in the area of the parade route.
Three days later, on March 12, 2023, KOLA posted to his social media feed a photograph of himself holding an axe with a statement in Albanian, translated to the following: “Come on Judas, I’m waiting for you.”
* * *
KOLA, 32, of Yonkers, New York, is charged with making threatening interstate communications, which carries a maximum sentence of five years in prison.
The maximum potential penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Mr. Williams praised the outstanding investigative efforts of the FBI’s New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the NYPD, and over 50 other federal, state, and local agencies. Mr. Williams also thanked the YPD and the Yonkers Police Intelligence Division for their assistance.
The case is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorney Kevin Sullivan is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the descriptions of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
Terry Man Sentenced to 10 Years in Prison for Sex Trafficking of a MinorRead the Press Release
Jackson, Miss. – A Terry man was sentenced to 10 years in prison for sex trafficking of a minor, announced U.S. Attorney Darren J. LaMarca of the Southern District of Mississippi and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
James Mickel Holman II, 34, was sentenced on March 16, 2023 in U.S. District Court in Jackson. In addition to his 10 year term of imprisonment, Holman must register as a sex offender.
In August of 2020, agents with the FBI and the Mississippi Attorney General’s Office received information that a minor was being used in commercial sexual activities in the Jackson Metro area. On August 17, 2020, James Mickel Holman II was arrested at the Econo Lodge Motel in Jackson. Holman had previously transported the minor from Memphis, Tennessee to Jackson with the intent of the minor performing sexual acts for money.
The Federal Bureau of Investigation and the Mississippi Attorney General’s Office investigated the case.
Assistant United States Attorney Glenda R. Haynes prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Ten Members and Associates of Marion Gardens Jersey City Gang Charged for Drug Trafficking ActivitiesRead the Press Release
NEWARK, N.J. – Ten members of the Jersey City gang associated with the Marion Gardens Housing Complex were charged today for their roles in a drug trafficking conspiracy, U.S. Attorney Philip R. Sellinger announced today.
Myron Williams, aka “Money,” aka “Tunchi,” 29, and Andre Alomar, aka “Dre8,” 21, both of Newark; and Herbert Thomas, 48; Roger Pickett, aka “Zy Gz,” 22; Anthony Rogers, aka “MG,” 22; Naim Richardson, aka “Ninicks,” 29; Quaseame Wilson, aka “Qua Gz,” 26; Javon Williams, aka “J45,” 21; Jawaad Davis, 20; and Keith Anderson, 21, all of Jersey City, New Jersey, are each charged by complaint with one count of conspiracy to distribute controlled substances.
The defendants are scheduled to appear this afternoon before U.S. Magistrate Judge Michael A. Hammer in Newark federal court.
According to documents filed in this case and statements made in court:
Myron Williams, Pickett, Alomar, Rogers, Richardson, Wilson, Javon Williams, Davis, and Anderson are all members and associates of the neighborhood street gang associated with the Marion Gardens Housing Complex. Since March 2021, members and associates of the Marion Gardens street gang have committed numerous acts of violence, including a murder on March 29, 2021; a murder on Nov. 20, 2021 and a murder on Nov. 1, 2022.
The murder on Nov. 1, 2022, was committed in furtherance of the gang’s drug trafficking activities, during an attempted robbery of controlled substances. Davis facilitated that murder by communicating with the victim to coordinate a narcotics transaction. When the victim and another associate arrived at the Marion Gardens Housing Complex to complete the narcotics transaction, Davis robbed the victim’s narcotics supply while Pickett and Wilson held the victim and his associate at gunpoint. Pickett shot and killed the victim while the victim’s associate fled. Pickett and Wilson then fled the Marion Gardens Housing Complex in Pickett’s vehicle.
The gang’s drug trafficking activities included hundreds of narcotics transactions that occurred within and around the Marion Gardens Housing Complex during the investigation. Thomas was the primary supplier of narcotics to the Marion Gardens drug trafficking organization.
All defendants are facing a mandatory minimum of five years in prison, a maximum penalty of 40 years in prison, and a fine of up to $5 million.
U.S. Attorney Sellinger credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), under the direction of Special Agent in Charge Bryan Miller; and investigators of the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez for the investigation leading to the charges. He also thanked the investigators of the Jersey City Police Department, under the direction of Director James Shea; investigators of the Newark Police Department, under the direction of Director Fritz Fragé for their assistance.
This investigation was conducted as part of the Jersey City Violent Crime Initiative (VCI). The VCI was formed in 2018 by the U.S. Attorney’s Office for the District of New Jersey, the Hudson County Prosecutor’s Office, and the Jersey City Police Department, for the sole purpose of combatting violent crime in and around Jersey City. As part of this partnership, federal, state, county, and city agencies collaborate to strategize and prioritize the prosecution of violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the Drug Enforcement Administration’s (DEA) New Jersey Division, the U.S. Marshals, the Jersey City Police Department, the Hudson County Prosecutor’s Office, the Hudson County Sheriff’s Office, New Jersey State Parole, the Hudson County Jail, and the New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center.
The government is represented by Assistant U.S. Attorney Desiree Grace, Deputy Chief of the Criminal Division in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
williamsetal.complaint.pdfSuperseding Indictment Charges Wisconsin Man with Sex and Labor Trafficking, Production of Child Pornography and Money LaunderingRead the Press Release
A federal grand jury in the Western District of Wisconsin returned a superseding indictment charging a Wisconsin man with labor and sex trafficking, production of child pornography and money laundering.
The superseding nine-count indictment charges Austin Koeckeritz, 29, with forced labor, sex trafficking by force, sex trafficking of a minor, interstate travel with the intent to engage in a sexual act with a minor, transporting a minor with the intent to engage in criminal sexual activity, producing child pornography and three counts of money laundering.
The indictment alleges that between August 2020 and August 2022, Koeckeritz used force to cause an adult to engage in forced labor and to engage in commercial sex acts. The indictment further alleges that he recruited, enticed, transported, and maintained a minor, knowing she would be caused to engage in commercial sex acts; that he traveled in interstate commerce to engage in illicit sexual conduct with the minor; and that he transported the minor from Minnesota to Wisconsin with the intent that the minor engage in sexual activity which constituted second degree sexual assault of a child under Wisconsin law. The indictment also alleges that Koeckeritz used the minor to produce child pornography. The offenses involving the minor are alleged to have occurred between October 2021 to January 2022. Finally, the indictment charges Koeckeritz with three counts of laundering the proceeds of the alleged forced labor and sex trafficking.
Koeckeritz was previously charged with one count of forced labor in an indictment returned by the grand jury on Jan. 12. He is being held in federal custody pending trial, which is scheduled for May 8 before U.S. District Judge James D. Peterson.
The forced labor charge carries a maximum penalty of 20 years, and the sex trafficking by force charge and the production of child pornography charges carry a mandatory minimum penalty of 15 years and a maximum of life. The charge of interstate travel with the intent to engage in a sexual act with a minor carries a maximum penalty of 30 years, and the sex trafficking of a minor and transporting a minor across state lines with intent to engage in criminal sexual activity carry a mandatory minimum penalty of 10 years and a maximum of life. The maximum penalty for each money laundering charge is 20 years.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Timothy M. O’Shea for the Western District of Wisconsin and Special Agent in Charge Michael E. Hensle of the FBI Milwaukee Field Office made the announcement.
The FBI Milwaukee Field Office and the River Falls Police Department investigated the case. The Pierce County District Attorney’s Office provided assistance.
Assistant U.S. Attorney Taylor Kraus for the Western District of Wisconsin and Trial Attorneys Slava Kuperstein and Julie Pfluger of the Civil Rights Division’s Human Trafficking Prosecution Unit are prosecuting the case.
The FBI is asking anyone with information about Austin Koeckeritz to contact the FBI Milwaukee Field Office at (414) 276-4684. If you or someone you know is a victim of human trafficking, please call the National Human Trafficking Hotline at 1-888-373-7888.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Superseding Indictment Charges River Falls Man with Sex and Labor Trafficking, Production of Child Pornography & Money LaunderingRead the Press Release
MADISON, WIS. – A federal grand jury in the Western District of Wisconsin returned a superseding indictment yesterday charging a River Falls, Wisconsin man with labor and sex trafficking, production of child pornography, and money laundering.
The superseding nine-count indictment charges Austin Koeckeritz, 29, with forced labor, sex trafficking by force, sex trafficking of a minor, interstate travel with the intent to engage in a sexual act with a minor, transporting a minor with the intent to engage in criminal sexual activity, producing child pornography and three counts of money laundering.
The indictment alleges that between August 2020 and August 2022, Koeckeritz used force to cause an adult to engage in forced labor and that he used force to cause this person to engage in commercial sex acts. The indictment further alleges that he recruited, enticed, transported, and maintained a minor, knowing she would be caused to engage in commercial sex acts, that he traveled in interstate commerce to engage in illicit sexual conduct with the minor and that he transported the minor from Minnesota to Wisconsin with the intent that the minor engaged in sexual activity which constituted second degree sexual assault of a child under Wisconsin law. The indictment also alleges that Koeckeritz used the minor to produce child pornography. The offenses involving the minor are alleged to have occurred between October 2021 to January 2022. Finally, the indictment charges Koeckeritz with three counts of laundering the proceeds of the alleged forced labor and sex trafficking.
Koeckeritz previously was charged with one count of forced labor in an indictment returned by the grand jury on January 12. He is being held in federal custody pending trial, which is scheduled for May 8 before U.S. District Judge James D. Peterson.
The forced labor charge carries a maximum penalty of 20 years, and the sex trafficking by force charge and the production of child pornography charges carry a mandatory minimum penalty of 15 years and a maximum of life. The charge of interstate travel with the intent to engage in a sexual act with a minor carries a maximum penalty of 30 years, and the sex trafficking of a minor and transporting a minor across state lines with intent to engage in criminal sexual activity carry a mandatory minimum penalty of 10 years and a maximum of life. The maximum penalty for each money laundering charge is 20 years.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney for the Western District of Wisconsin Timothy M. O’Shea and Special Agent in Charge Michael E. Hensle of the FBI Milwaukee Field Office made the announcement.
The FBI Milwaukee Field Office and the River Falls Police Department investigated the case. The Pierce County District Attorney’s Office provided assistance.
Assistant U.S. Attorney Taylor Kraus for the Western District of Wisconsin and Trial Attorneys Slava Kuperstein and Julie Pfluger of the Civil Rights Division’s Human Trafficking Prosecution Unit are prosecuting the case.
The FBI is asking anyone with information about Austin Koeckeritz to contact the FBI Milwaukee Field Office at (414) 276-4684. If you or someone you know is a victim of human trafficking, please call the National Human Trafficking Hotline at 1-888-373-7888.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
South L.A. Man Sentenced to Nearly 6½ Years in Prison for Armed Robberies of Half a Dozen Businesses Within Two-Week Crime SpreeRead the Press Release
LOS ANGELES – A South Los Angeles man was sentenced today to 77 months in federal prison for committing six armed robberies of local businesses, mostly 7-Eleven stores, during a two-week crime spree in late 2021.
Colin Powell Lacey, 29, of the Hyde Park neighborhood of Los Angeles, was sentenced by United States District Judge Maame Ewusi-Mensah Frimpong.
Lacey pleaded guilty in August 2022 to one count of conspiracy to commit interference with commerce by robbery (Hobbs Act).
From November 13, 2021, to November 29, 2021, Lacey participated in the robbery of six businesses – five of which were 7-Eleven convenience stores. During the robberies, Lacey typically entered the stores, pointed a handgun at the store’s cashier and stole money – usually hundreds of dollars in cash belonging to the business.
For example, on November 29, 2021, Lacey and his co-conspirator, Kyle Richard Williams, 26, of Inglewood, traveled together to a smoke shop located in the Mid-City area of Los Angeles. Williams entered the store, pointed a handgun at the cashier and stole $442 while Lacey waited outside the store before fleeing with Williams.
That same night, Lacey and Williams robbed 7-Eleven stores in Hollywood and Mid-City, with Lacey pointing a handgun at the cashier at the Hollywood store and Williams pointing a handgun at the cashier at the Mid-City business, making off with $600 and $100, respectively. Lacey and Williams then fled in Lacey’s Hyundai.
On December 30, 2021, Lacey and Williams attempted to rob a 7-Eleven in El Segundo. Williams pointed a handgun at the store employee and demanded money. Lacey and Williams fled together after the employee showed Williams that the cash register was empty.
In total, Lacey participated in the armed robbery of six stores, including two other 7-Elevens in Hollywood and one 7-Eleven in West Hollywood. Lacey and Williams netted a total of $2,859 from the robberies.
Lacey and Williams have been in federal custody since March 2022.
Williams pleaded guilty in July 2022 to one count of conspiracy to commit Hobbs Act robbery, two counts of Hobbs Act robbery, and one count of attempted Hobbs Act robbery. In December 2022, Judge Frimpong sentenced Williams to six years in federal prison.
The FBI, the Los Angeles Police Department, and the Los Angeles County Sheriff's Department investigated this matter.
Assistant United States Attorney Jeremiah M. Levine of the Violent and Organized Crime Section and Assistant United States Attorney Jeffrey M. Chemerinsky, Chief of the Violent and Organized Crime Section, prosecuted this case.
Serial Rapist Sentenced for 2007 and 2010 Home Invasion Sexual Assaults of Women in Northwest D.C.Read the Press Release
Defendant Was Convicted in Separate Trials
WASHINGTON – Ronald P. Berton, Jr., 48, of the District of Columbia, was sentenced today to two life sentences for home invasion sexual assaults committed in 2007 and 2010. Berton was sentenced to life without the possibility of release plus 27 years for a June 2010 home invasion and sexual assault of an adult woman; and to life without the possibility of release for the October 2007 home invasion and sexual assault of another adult woman. Both victims were strangers to Berton. The sentences, which will run consecutively to each other, were announced U.S. Attorney Matthew M. Graves and Chief Robert J. Contee, III, of the Metropolitan Police Department (MPD).
In the case from 2010, Berton was found guilty, in February of 2023, of first-degree burglary, kidnapping, first degree sexual abuse with aggravating circumstances, assault with intent to commit first degree sexual abuse, and attempted first degree sexual abuse with aggravating circumstances. In the 2007 case, Berton was found guilty, in March of 2020, of kidnapping and first-degree sexual abuse with aggravating circumstances.
“This sentence helps to ensure that a very dangerous sexual predator will not roam our streets,” said U.S. Attorney Graves. “This office truly appreciates the courage it took for each survivor to come forward and testify about their ordeal in a courtroom full of strangers, particularly after so many years had passed. Their strength has undoubtedly saved others from falling prey to this serial offender. The people in this office will do everything possible to get justice for victims of sexual assault.”
“Every survivor deserves justice, and I’m pleased that, through the hard work of our officers, detectives, attorneys, and other law enforcement partners, our criminal justice system has delivered it to these two women,” said Chief Contee. “The Metropolitan Police Department is committed to closing every case, no matter how long it takes.”
According to the government’s evidence presented at trial, on June 12, 2010, at approximately 7:30 a.m., the victim was at home sleeping in her ground level apartment in Adams Morgan. Berton, who was a stranger to the victim, entered her home and proceeded into her bedroom where he stood over her. The victim woke up and the defendant restrained her and sexually assaulted her. The victim fought back, ultimately collecting the defendant’s DNA underneath the fingernails of both her hands. After the assault, Berton stole the victim’s phone and fled. The defendant used the victim’s stolen SIM card, which he placed into a different handset, to call an acquaintance five hours later.
The victim ran to a firehouse immediately after the assault and reported the offenses. MPD responded promptly and a crime scene technician swabbed under her fingernails for possible DNA. The fingernail swabs were tested in 2010 and resulted in a partial DNA profile of the defendant under her left hand fingernails and a more complete profile under her right hand fingernails.
Berton was developed as a suspect in this case in approximately 2017, when detectives with MPD’s Cold Case Sexual Assault Unit identified him as the suspect in a 2007 home invasion sexual assault. In that case, Berton had entered the ground level Adams Morgan apartment of a 27 year-old woman who was sleeping. The defendant restrained and sexually assaulted her and then stole her phone and fled. The victim obtained an immediate Sexual Assault Examination and reported the offenses to police. Berton was later identified as the perpetrator of this offense by his DNA profile. He was convicted of the 2007 crimes in a March 2020 trial, in which the jury found him guilty of kidnapping and first-degree sexual abuse with aggravating circumstances.
Berton also has a 2014 rape conviction in the Commonwealth of Virginia, Arlington County. In that case, in September 2010, Berton entered the ground level apartment of a woman who was sleeping and sexually assaulted her. After the assault, the defendant stole two cell phones and a laptop and fled. He was later identified as the perpetrator through DNA.
In announcing the verdict, 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 assistance provided by the U.S. Marshals Service and FBI CAST team. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Stuart Allen, Dan Lenerz, Nick Coleman, Bryan Han, Chrisellen Kolb, and Sharon Donovan; Lisa Kreeger-Norman, Special Counsel for DNA and Forensic Evidence Litigation; Paralegal Specialists Cynthia Muhammad, Garcia Clarke, and Tiffany Jones; Lead Paralegal Specialist Michelle Wicker; and Victim/Witness Coordinator Katina Adams-Washington.
Finally, they commended the work of Assistant U.S. Attorneys Kathleen Kern and Amy Zubrensky, who investigated and prosecuted the case.
Rockford Man Sentenced to Ten Years in Federal Prison for Robbing Banks in Rockford and BelvidereRead the Press Release
ROCKFORD — A federal judge has sentenced a Rockford man to a total of 10 years in federal prison for robbing banks in Rockford and Belvidere in 2021, and for violating his terms of supervised release. U.S. District Judge Iain D. Johnston imposed the sentence on Thursday after a hearing in federal court in Rockford.
DEMONTRION DESHAN PHILLIPS, 29, was convicted after a jury trial in November 2022 of stealing $5,930 in a robbery of Midland States Bank, 1700 N. Alpine Rd. in Rockford, on Apr. 7, 2021, and $4,408 in a robbery of Midland States Bank, 600 S. State St. in Belvidere, on May 3, 2021. Phillips committed the robberies while on court-supervised release following a prior federal conviction for robbing two banks in Rockford in 2017.
Phillips received an additional 24-month sentence for committing the robberies while on court-supervised release for his prior bank robbery conviction.
The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois; Robert W. Wheeler, Jr., Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.; Carla Redd, Chief of the Rockford Police Department; and Shane Woody, Chief of the Belvidere Police Department. The government is represented by Assistant U.S. Attorneys Talia Bucci and Vincenza L. Tomlinson.
Rochester Woman Pleads Guilty to Making Internet Threats and Firearms PossessionRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Gabygayl Cruz, 21, of Rochester, NY, pleaded guilty today before U.S. District Judge Charles J. Siragusa to transmitting a threat in interstate commerce and possessing and discharging a firearm in furtherance of a crime of violence. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $250,000.
Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that on the evening of June 7, 2021, on Facebook Live, Cruz threatened to shoot a man, stating at the end of the video, “Tune-in in five minutes.” Later that night, Cruz and another person went to an area of Rochester where Cruz knew the person she threatened spent time. In a second Facebook Live video, a black screen appeared but 11 gunshots could be heard followed by the sounds of Cruz running and giggling. In a third video, Cruz recounted the earlier shooting, imitated shooting a gun and continued to issue threats to others.
On July 1, 2021, Cruz again used Facebook Live to threaten to shoot a woman, displaying a .45 caliber firearm, while issuing the threat. Cruz then went to a Columbia Avenue address in Rochester to confront the woman, but she was not there. While leaving the area, Cruz struck a parked car and fired a shot in the air. Cruz was arrested the next day when she was stopped driving a car in which officers found a loaded .45 caliber semiautomatic pistol, which was the same firearm she displayed in one of the videos.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. DeVito.
Sentencing is scheduled for July 6, 2023, at 10:30 a.m. before Judge Siragusa.
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Queens Man Sentenced to 121 Months in Prison for Laundering Millions of Dollars of Fraud and Hacking Schemes and Committing Bank FraudRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that DJONIBEK RAHMANKULOV was sentenced today to 121 months in prison for laundering millions of dollars in criminal proceeds obtained from computer hacking, healthcare fraud, and Small Business Administration loan fraud, as well as operating an international unlicensed money transmitting business. The defendant was convicted at trial on September 1, 2022, of money laundering conspiracy, bank fraud, and conspiracy to operate an unlicensed money transmitting business. U.S. District Judge Ronnie Abrams imposed today’s sentence.
U.S. Attorney Damian Williams said: “Djonibek Rahmankulov laundered money for a living. He exploited the financial system to launder millions of dollars from multiple fraudulent schemes and repeatedly lied to banks to operate his illegal enterprise. Once caught — and even after he was convicted — the defendant continued to show that he believed he was above the law by threatening a witness and submitting false information to the Court. Today’s sentence reflects that this Office will find and prosecute those who seek to abuse the U.S. financial system to launder dirty money.”
According to the superseding Indictment, evidence at trial, and statements made in Court:
Between 2017 and September 2020, RAHMANKULOV operated a network of shell companies that were used to launder millions of dollars of criminal proceeds from multiple types of criminal activity. RAHMANKULOV worked with computer hackers who fraudulently gained control of the bank accounts of victims located throughout the United States and executed millions of dollars in fraudulent wire transfers into bank accounts opened by RAHMANKULOV and his co-conspirators. RAHMANKULOV received wire transfers into bank accounts he created and bank accounts he instructed others to create and laundered these proceeds through multiple additional bank accounts to prevent the victims and the banks from recovering the stolen funds.
In addition, RAHMANKULOV worked with a network of pharmacies engaged in Medicare and Medicaid fraud. These pharmacies submitted millions of dollars of fraudulent billing for HIV medications that they did not dispense or obtained illegally, including by repurchasing medications from HIV patients who were Medicaid recipients. RAHMANKULOV created companies to receive these criminal proceeds from the pharmacies and laundered them through a variety of means, including by using them to fund an unlicensed money transmitting business that illegally moved money to and from multiple countries, including Iran.
In 2020, when the COVID-19 pandemic began, RAHMANKULOV filed fraudulent applications for COVID relief loans from the Small Business Administration for multiple companies he controlled. He laundered the proceeds of loans and grants through these companies. RAHMANKULOV also made a number of materially false statements to financial institutions in connection with his money laundering schemes, both when opening bank accounts and when executing financial transactions with those bank accounts.
RAHMANKULOV sought to obstruct justice during the pendency of his case. In the months before trial, RAHMANKULOV instructed a witness to lie to law enforcement. When the witness later informed RAHMANKULOV that the witness would tell the truth to law enforcement, RAHMANKULOV threatened the witness, stating, among other things, that if he went to prison, “I will drag all of you with me, and once you are there, then I will have my revenge.” Nonetheless, the witness testified at trial. RAHMANKULOV continued seeking to obstruct justice after his conviction. In advance of his sentencing, he submitted multiple letters to the Court purporting to show support from members of the community, but two of these letters were in fact fraudulent and had not been written by the purported authors.
* * *
In addition to the prison term, RAHMANKULOV, 35, of Queens, New York, was sentenced to three years of supervised release. RAHMANKULOV was further ordered to pay a forfeiture of $5,413,278 and a $40,000 fine.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation’s New York Money Laundering Investigation Squad.
The prosecution is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant U.S. Attorneys Cecilia Vogel, Thane Rehn, and Samuel Raymond, with the assistance of Paralegal Specialist Nerlande Pierre, are in charge of the prosecution.
Operator of Human Smuggling Stash House Sentenced to Combined Term of 67 MonthsRead the Press Release
TUCSON, Ariz. – Macario Ulises Barragan-Cisneros, 45, of Michoacán, Mexico, was sentenced last week by United States District Judge Scott H. Rash to 57 months in prison, followed by three years supervised release, consecutive to 10 months’ imprisonment for violation of supervised release due to a prior conviction. Barragan-Cisneros pleaded guilty to Conspiracy to Transport and Harbor Illegal Aliens for Profit. Co-defendant Gustavo Bueno De-Haro was sentenced to 12 months and one day by Judge Rash on May 26, 2022.
On September 21, 2021, after several days of surveillance, special agents from Homeland Security Investigations (HSI) discovered 30 undocumented non-citizens (UNCs) inside a trailer unit located in the Camino Vista Mobile Home Park, in Phoenix, Arizona. A ledger revealing human smuggling operations was located inside the trailer. Barragan-Cisneros was identified as a human smuggler coordinator, in addition to having recruited co-conspirator De-Haro to transport and conceal UNCs.
This prosecution resulted from the coordinated efforts of Joint Task Force Alpha (JTFA). The U.S. Attorney’s Office for the District of Arizona is part of JTFA, which was established by Attorney General Merrick B. Garland in June 2021 to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. The Task Force focuses on disrupting and dismantling smuggling and trafficking networks that abuse, exploit, or endanger migrants, pose national security threats, and are involved in organized crime.
HSI – Nogales Office conducted the investigation in this case, with assistance from the United States Border Patrol. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-21-02672-TUC-SHR-MSA
RELEASE NUMBER: 2023-037_Barragan-Cisneros# # #
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.
Omaha Woman Sentenced for Marijuana Distribution Conspiracy and Straw Purchase of FirearmsRead the Press Release
United States Attorney Steven Russell announced that Rachel L. Stewart, 33, of Omaha, was sentenced on March 16, 2023, by the Chief United States District Judge Robert F. Rossiter, Jr. to a total of 30 months’ imprisonment for Conspiracy to Distribute Marijuana and to False Statement During Purchase of a Firearm (straw purchase). After her release from prison, Stewart will begin a three-year term of supervised release. There is no parole in the federal system. Stewart also previously forfeited $6,310 cash, a gold Rolex watch, a diamond encrusted necklace, and a 2019 Audi Q8 vehicle, all of which were seized by law enforcement as proceeds of drug trafficking.
During approximately May 2019 to October 2021, Stewart conspired with others to distribute at least 80 kilograms but less than 100 kilograms of marijuana. During August 2020 to March 2021, Stewart also purchased three handguns for a confederate but falsely stated the firearms were for her. Law enforcement later recovered all three firearms.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Omaha Police Department.
North Philadelphia Man Sentenced to nearly 10 Years as Maker of Illegal M-1000 Style DevicesRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that David Perez 37, of Philadelphia, PA, was sentenced to 110 months’ imprisonment, three years of supervised release, and ordered to pay $75,218.40 in restitution to the Philadelphia School District and $43,500 in restitution to Wells Fargo Bank by United States District Court Judge Michael M. Baylson for engaging in the business of manufacturing explosive devices, possession of explosives by a convicted felon, malicious damage to a building/institution receiving federal financial assistance, possession of firearm by a convicted felon, possession with intent to distribute a mixture and substance containing a detectable amount of phencyclidine (PCP), and conspiracy to commit bank fraud.
Perez previously pled guilty to manufacturing illegal explosive devices for several years prior to his arrest in June 2021. Devices consistent with those made by Perez were found at numerous post-blast scenes, including at multiple scenes where explosive devices were used to attempt to access ATMs in the summer and fall of 2020.
Perez admitted to using some of his homemade illegal explosive devices on July 4, 2020 in the courtyard of the Honorable Luis Munoz-Marin Elementary School in Philadelphia. Use of these devices caused extensive damage to property inside and outside the school, and resulted in damage to numerous windows. Repairs to the school cost more than $75,000.
Upon arrest Perez was found in possession of multiple firearms and distribution-level quantities of PCP in his home. He also participated in a bank fraud conspiracy, which led to a loss of $43,500 to Wells Fargo Bank.
"Perez's Sentencing today should serve as a cautionary tale to others considering producing, possessing, or selling an illegal explosive device," said U.S. Attorney Romero. "Detonating powerful explosive devices on the grounds of an elementary school, and possession of firearms and distribution-quantity PCP, all by a convicted felon, is the very definition of a threat to public safety. The U.S. Attorney's office, with our law enforcement partners, will continue to pursue these cases relentlessly, and David Perez will spend nearly ten years in federal prison."
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Social Security Administration – Office of Inspector General, and the Philadelphia Police Department, with substantial assistance from the Philadelphia Fire Marshal’s Office, and is being prosecuted by Assistant United States Attorney Amanda R. Reinitz.
New Orleans Man Sentenced to 10 Years Imprisonment for Fentanyl Trafficking and Gun CrimesRead the Press Release
NEW ORLEANS, LOUISIANA – NICHOLAS WEBER, age 29, a resident of New Orleans, Louisiana, was sentenced on March 16, 2023, to 120 months imprisonment, 4 years of supervised release, and a $300 mandatory special assessment fee by U.S. District Judge Susie Morgan, after pleading guilty to possession with intent to distribute fentanyl, possessing firearms in furtherance of a drug trafficking crime, and possession of firearms by a convicted felon, announced U.S. Attorney Duane A. Evans.
According to court documents, on March 29, 2022, FBI New Orleans and the New Orleans Police Department seized 143.5 grams of fentanyl, two fully loaded handguns, and $16,200 in cash from WEBER pursuant to a federal search warrant.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Federal Bureau of Investigation, the New Orleans Police Department, and Louisiana State Police as part of NOPD’s Violent Crime Abatement Investigation Team (“VCAIT”). The prosecution of this case was handled by Assistant United States Attorneys J. Benjamin Myers of the Narcotics Unit and Alexandra Giavotella, Asset Forfeiture Coordinator of the Public Integrity/Monetary Penalty and Recovery Unit.
New Jersey Man Pleads Guilty in Mass-Mailing Elder Fraud SchemeRead the Press Release
A New Jersey man pleaded guilty yesterday in the U.S. District Court for the Eastern District of New York to conspiracy to commit mail fraud, for operating a mass-mailing scheme that victimized older Americans.
According to court documents, Ryan Young, 40, of Upper Saddle River, New Jersey, operated a mail fraud scheme in which he mailed out letters falsely notifying recipients that they were entitled to receive unclaimed funds worth millions of dollars, a portion of a multi-million-dollar legal settlement, or a prize, in exchange for payment of a small fee of $30 to $40. The solicitation letters stated that they were sent by an organization tasked with providing notice and facilitating delivery of the funds or prize. Young did not deliver funds to any of the victims who sent payments in response to these letters. Instead, Young sent a booklet providing publicly available information regarding government Unclaimed Property Divisions in various states; a booklet providing publicly available information regarding a few class action settlements; or a flyer regarding online restaurant coupons. According to court documents, Young fraudulently obtained more than $1.6 million from victims of the scheme between March 2019 and May 2022.
The court documents further allege that Young operated this scheme while he was on pretrial release awaiting sentencing in a separate criminal case, in which he was charged with operating a similar fraud scheme. On Feb. 13, 2018, Young pleaded guilty to one count of conspiracy to commit mail fraud, for his role in a large-scale international mail fraud scheme that took $50 million from victims between 2011 and 2016. As part of that scheme, Young sent fraudulent prize notification letters to victims in the United States and numerous other countries. The letters falsely claimed recipients had won money or valuable prizes, such as luxury cars. Victims were instructed to send small processing fees – typically $20 or $25 – to claim the prizes. Many victims received nothing; others received only a cheap piece of jewelry or a report listing unrelated sweepstakes.
“The defendant in this case operated multiple fraud schemes, collectively depriving vulnerable Americans out of more than $50 million,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department and its federal law enforcement partners are committed to investigating and prosecuting those who target vulnerable American consumers for financial gain.”
“Mass marketing scams frequently target elderly or vulnerable citizens. Fraudsters may think they can anonymously siphon money from their victims but today’s guilty plea tells a different story,” said Inspector in Charge Chris Nielsen of United States Postal Inspection Service (USPIS)’s Philadelphia Division. “Through the efforts of Postal Inspectors in Newark, New Jersey, and Washington, D.C.; DOJ prosecutors; and the Fort Lee, New Jersey Police Department, we have successfully unraveled a complex mail fraud operation.”
Young will be sentenced on July 19 before U.S. District Judge Joan M. Azrack in Central Islip, New York. He faces a maximum sentence of 20 years’ imprisonment.
The USPIS investigated the case. Senior Trial Attorney Ann Entwistle and Assistant Director John W. Burke of the Consumer Protection Branch are prosecuting the case and Assistant U.S. Attorney Tanisha Payne for the Eastern District of New York is handling asset forfeiture.
Additional information about the Consumer Protection Branch and its fraud enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.
New Bedford Man Sentenced for Firearm OffenseRead the Press Release
BOSTON – A New Bedford man was sentenced yesterday in federal court in Boston for unlawfully possessing a firearm and ammunition.
David Acosta, 27, was sentenced by U.S. District Court Judge Alison D. Burroughs to 18 months in prison and three years of supervised release. In November 2022, Acosta pleaded guilty to one count of being a prohibited person in possession of a firearm and ammunition.
On Oct. 22, 2020, Acosta was found in possession of a loaded Glock .45 caliber pistol and 10 rounds of assorted .45 caliber ammunition. Co-defendant, Marquise Thompson pleaded guilty to one count of possession with intent to distribute fentanyl and was sentenced to three years of supervised release on Nov. 15, 2022.
United States Attorney Rachael S. Rollins; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and New Bedford Police Chief Paul Oliveira made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Rollins’ Major Crimes Unit prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Mescalero man charged with assault in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Joshua Davis made an initial appearance in federal court on March 6 facing a charge of assault resulting in serious bodily injury in Indian Country. Davis, 40, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending trial, which has not been scheduled.
According to the criminal complaint, in May of 2022, Davis allegedly assaulted a victim, identified as John Doe, in Otero County, New Mexico, on the Mescalero Apache reservation. The assault resulted in serious bodily injury to John Doe. The incident occurred in Otero County, New Mexico, within the bounds of the Mescalero Apache Tribe.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Dennis faces up to 10 years in prison.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs. Assistant United States Attorney Eliot Neal is prosecuting the case.
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Mescalero man charged with assault in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Jaydyn Diamond Lester made an initial appearance in federal court on March 6 on a criminal complaint charging him with assault with a dangerous weapon with an intent to do bodily harm and assault resulting in substantial bodily injury of a spouse, intimate partner, or dating partner in Indian Country. Lester, 18, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending trial, which has not been scheduled.
According to the criminal complaint, on Oct. 4, 2022, Lester allegedly assaulted a victim, identified as Jane Doe, by shooting at her and hitting her on the head with the butt of a BB gun. The assault resulted in serious bodily injury to Jane Doe. The incident occurred in Otero County, New Mexico, within the bounds of the Mescalero Apache Tribe.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Lester faces up to 10 years in prison.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs. Assistant United States Attorney Eliot Neal is prosecuting the case.
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Madison Man Sentenced to 102 Months for Firearm & Drug Trafficking CrimesRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Sylvester Ray Gavins, Jr., 32, Madison, Wisconsin, was sentenced yesterday by U.S. District Judge William M. Conley to 102 months in prison for possessing cocaine with intent to distribute and possessing a firearm in furtherance of that drug crime. Gavins pleaded guilty to these charges on December 6, 2022.
On March 26, 2021, law enforcement agents arrested Gavins on state warrants as he was walking out of a hotel in Monona. Gavins was carrying two backpacks that contained 135 grams of a cocaine-fentanyl mixture, 26 grams of a heroin-fentanyl mixture, 659 grams of marijuana, $5,600 in cash, and a loaded .40 caliber handgun. Agents also seized and searched his cell phone, finding evidence that he was selling drugs.
At the time of this offense, Gavins was on supervision after being released from prison for a 2012 Wisconsin heroin trafficking conviction. Gavins’ criminal history dates back to 2007 when he was 17 years old and includes another 2012 heroin conviction in Indiana.
At sentencing, Judge Conley questioned how Gavins was able to rationalize selling drugs when he and his family had suffered from drug use and addiction. Noting Gavins’ criminal history, Judge Conley said that after he was released from prison that Gavins was smart enough to not use the stronger drugs that he still sold to others. Judge Conley also noted the “scourge of fentanyl” affecting the community.
The conviction for possessing a firearm in furtherance of drug trafficking carried a mandatory minimum penalty of five years to be served consecutive to the 42-month sentence on the drug charge.
The charges against Gavins were the result of an investigation conducted by the Wisconsin Department of Justice Division of Criminal Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of the case has been handled by Assistant U.S. Attorney Corey Stephan.
This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.
Lincoln Man Enters Guilty Plea to Conspiracy to Distribute Drugs Resulting in Serious Bodily InjuriesRead the Press Release
United States Attorney Steven Russell announced that George Lesley Weaver, Jr., 37, of Lincoln, Nebraska, entered a guilty plea today to one count of conspiracy to distribute and possess with intent to distribute five kilograms, (11 pounds), or more of a mixture or substance containing a detectable amount of cocaine, 400 grams, (approximately 14 ounces), or more of a mixture or substance containing fentanyl and 50 kilograms, (110 pounds), or more of marijuana in Lincoln and southeast Nebraska between June and September of 2021. Co-defendant, Anna Idigima, 37, of Lincoln, pleaded guilty to the same charge on February 14, 2023.
Beginning in about June of 2021, Idigima, at that time employed as a Nebraska State Patrol stored evidence room employee in Lincoln, began stealing drugs held as evidence in completed cases which were awaiting destruction orders. She provided these drugs to her boyfriend, Weaver, who then sold them in Lincoln. An audit of the State Patrol storage areas where Idigima had access showed the following approximate totals of drugs were missing: marijuana - 154 pounds; cocaine - 9 pounds; fentanyl - 6 pounds; heroin - 10 pounds; methamphetamine - 3 pounds; THC - 32 pounds; along with numerous THC vape cartridges and assorted prescription drugs. In August of 2021, investigators found drug-related conversations and a photo of several large bags of marijuana in Weaver’s SnapChat Account. One of the bags had a piece of red evidence tape on it which matched evidence tape used by the State Patrol. A Lincoln apartment rented by Weaver was also searched, resulting in the finding of residue containing cocaine, fentanyl, and marijuana.
Investigators were able to link overdoses suffered by three persons to cocaine and fentanyl stolen from the State Patrol by Idigima and sold to others by Weaver. All three victims required the administration of naloxone, commonly known as Narcan. Two required CPR, and all three were hospitalized. A physician specializing in emergency room medicine and toxicology found all three would have been at substantial risk of dying from the use of cocaine laced with fentanyl if they had not received the Narcan. The victims told investigators they bought what they believed to be cocaine just prior to their respective overdoses and provided the names of the persons they bought the drugs from. Those persons were arrested and told investigators they bought the drugs from Weaver. Information provided to law enforcement indicated Weaver sold large quantities of cocaine, marijuana, and other drugs in the summer of 2021, and Idigima was directly involved in the sale of pills.
Idigima is scheduled to be sentenced on May 25, 2023, and Weaver is scheduled for sentencing on June 16, 2023. Both face mandatory minimum prison sentences of 20 years in prison with a maximum of life. There is no parole in the federal system.
This matter was investigated by the Lincoln/Lancaster County Narcotics Task Force, the Nebraska State Patrol, the Nebraska City Police Department, the Saline County Sheriff’s Department, and the Phelps County Sheriff’s Department.
Leader of Southwest Baltimore “NFL” Gang Sentenced to 30 Years in Federal Prison for Participating in a Racketeering Conspiracy, Including Murder and a Drug Distribution ConspiracyRead the Press Release
Baltimore, Maryland – U.S. District Judge Julie R. Rubin sentenced NFL gang leader Gregory Butler, a/k/a “Gotti,” “Sags,” and “Little Dick,” age 31, of Baltimore, Maryland, yesterday to 30 years in federal prison, followed by three years of supervised release, for conspiracy to participate in a racketeering enterprise related to his activities in the NFL gang, which operated in the Edmondson Village area in Southwest Baltimore.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration, Washington Division Office; Secretary Carolyn J. Scruggs of the Maryland Department of Public Safety and Correctional Services; Chief Marcus Jones of the Montgomery County Police Department; and Commissioner Michael Harrison of the Baltimore Police Department.
According to his guilty plea, from 2016 to March 2020, Butler was a leader of the NFL enterprise and participated in its illegal activities with other members, including the NFL drug trafficking organization (“DTO”). The term “NFL” stands for Normandy, Franklin, and Loudon, three adjacent streets that run through the Edmondson Village in Baltimore. Members of NFL have social and familial ties to the Edmondson Village neighborhood in southwest Baltimore.
During the conspiracy, NFL members distributed large quantities of heroin, fentanyl and cocaine to drug customers and re-distributors from Maryland, Virginia, West Virginia and Pennsylvania. Butler admitted that he obtained narcotics from multiple sources of supply and stored the narcotics in stash houses that he controlled. Over the course of the charged conspiracy, Butler and his co-conspirators distributed over one kilogram of heroin and more than 280 grams of crack cocaine and more than 400 grams of fentanyl.
Butler admitted that the NFL enterprise sold heroin and fentanyl to multiple drug customers who subsequently overdosed and died. Butler agreed that these fatal overdoses were reasonably foreseeable to him, in light of his direct oversight of the enterprise’s drug trafficking activities. For example, on about August 16, 2016, Butler coordinated the sale of heroin to customer in Rockville, Maryland, who, later that day, used the heroin and died. In addition, Butler paid members and associates of the NFL enterprise to commit multiple murders on behalf of the enterprise and at least one of those murders was carried out by members of the NFL gang.
More than 30 defendants in this and related cases have pleaded guilty. Including Butler, 29 of the defendants have been sentenced to between 30 years and time served.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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.
United States Attorney Erek L. Barron commended the FBI, DEA, DPSCS, the Montgomery County Police Department, and the Baltimore Police Department for their work in the investigation and thanked the Frederick County, Maryland Sheriff’s Office and the Frederick County, Virginia Sheriff’s Office for their assistance. Mr. Barron thanked Assistant U.S. Attorneys John W. Sippel, Jr., James T. Wallner and Robert I. Goldaris who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Large-Scale Cocaine Supplier Pleads Guilty to Drug Trafficking ConspiracyRead the Press Release
BOSTON – A Fitchburg man pleaded guilty today in federal court in Worcester for his role in a wide-ranging fentanyl, heroin, crack and cocaine trafficking conspiracy.
Pedro Villot-Santiago, 33, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, 400 grams or more of fentanyl, 280 grams or more of cocaine base (commonly known as crack cocaine) and 500 grams or more of cocaine. U.S. Senior District Court Judge Timothy S. Hillman scheduled sentencing for Sept. 12, 2023. Villot-Santiago was indicted in July 2020 along with 17 others, including his brother and co-conspirator Jonathan Villot.
Following a fatal fentanyl overdose in September 2018, an investigation began into a drug trafficking organization (DTO) in the Fitchburg area. Beginning in July 2019, court authorized interceptions of wire and electronic communications between members of the DTO and its suppliers revealed Villot-Santiago as a large-scale cocaine supplier.
Over the course of the investigation, over 1.8 kilograms of a heroin and fentanyl mixture, over 3.6 kilograms of cocaine and over 50 grams of crack cocaine were seized, as well as a stolen, loaded handgun, drug manufacturing equipment and over $376,000. On the day of his arrest in July 2023, Villot-Santiago was found in possession of a stolen, loaded handgun, as well as over $252,000 in cash.
Villot-Santiago is the last of all 18 defendants to be convicted in this case – either by guilty plea or jury conviction following trial.United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and John E. Mawn Jr., Interim Colonel of the Massachusetts State Police made the announcement today. The Fitchburg and Lunenburg Police Departments and U.S. Postal Inspection Service provided valuable assistance. Assistant U.S. Attorney Alathea Porter of Rollins’ Narcotics & Money Laundering 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.
Kittrell Man Sentenced to More Than 15 Years for Multiple Armed Bank RobberiesRead the Press Release
WILMINGTON, N.C. – Cameron Evans, 27, of Kittrell was sentenced today to 185 months in prison for charges related to two bank robberies in Raleigh and Greenville.
According to court records and other information presented in court, On December 6, 2019, the SunTrust bank located at 7320 Creedmoor Road in Raleigh, was robbed at gunpoint by four men. The men left the bank with approximately $11,578.00 and witnesses saw them fleeing the scene in a white Hyundai Elantra. On December 30, 2019, around 4:30 p.m., the Branch Bank & Trust (BB&T) located 2475 Stantonsburg Road in Greenville was robbed at gunpoint by three men. They left the bank with $72,853 and witnesses saw them flee the scene in a white Hyundai Elantra. Law enforcement was able to obtain the registration number from the vehicle which enabled them to find Evans and his codefendants. In an interview with law enforcement, Evans would admit to committing the SunTrust and BB&T bank robberies. The codefendants in this case were Clifton Harris, Stanley Kearney Jr. and Joshua Bailey. All three have pled guilty. Harris was sentenced to 81 months and Kearney was sentenced to 190 months. Bailey is awaiting sentencing.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina, made the announcement after sentencing by Chief U.S. District Judge Richard E. Myers II. The Davie County Sheriff’s Office, the Raleigh, Greenville and Mebane Police Departments, and the Federal Bureau of Investigation investigated the case. Assistant U.S. Attorney Leonard Champaign prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:20-CR-00071-M
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Kevin Neal Takes Oath as Acting U.S. Marshal for District of MaineRead the Press Release
PORTLAND, Maine: Kevin Neal was sworn in March 16, 2023 as the Acting U.S. Marshal for the District of Maine. Chief U.S. District Judge Jon D. Levy administered the oath of office.
Neal was designated Acting U.S. Marshal (USM) for the District of Maine by order of United States Attorney General Merrick Garland on March 10, 2023. He had been serving in that role since January 30, 2022 at the direction of U.S. Marshals Service Director Ronald L. Davis.
The history of the U.S. Marshals Service (USMS) in Maine dates to 1789, more than 30 years before Maine became the 23rd state. It is the nation’s oldest law enforcement agency. The duties of the U.S. Marshals Service include protecting the federal judiciary, apprehending fugitives, managing and selling seized assets acquired by criminals through illegal activities, housing and transporting federal prisoners, and operating the Witness Security Program.
Acting USM Neal has been with the USMS for more than 20 years, serving in the Districts of Massachusetts, Rhode Island and Maine, most recently serving as the Chief Deputy United States Marshal in Maine. He joined the District of Maine from the District of Massachusetts where he earned the Attorney General’s Award for Exceptional Service for his management of the Boston Marathon Bombing trial. His work on the case was also recognized by the U.S. Attorney’s Office with an Investigative Achievement Award. He also earned a second Attorney General’s Award for Distinguished Service for his work during the prosecution and trial of the largest MS-13 case in the nation.
Acting USM Neal serves on the USMS District Chief’s Advisory Board and is responsible for addressing USMS-wide issues and developing national priorities while providing counsel and recommendations to the Director and executive staff on these topics. He is a member of the USMS National Incident Management Team and is actively involved in the DOJ mentoring program and recruitment efforts.
"For the last 13 months, during an incredibly difficult time, Acting U.S. Marshal Neal has been a collaborative and responsive partner to my office and our local, state, and federal law enforcement community,” U.S. Attorney Darcie N. McElwee said. “His designation to this role by the Attorney General is wonderful news for the entire District of Maine.”
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Justice Department and Federal Trade Commission to Hold Annual Spring Enforcers SummitRead the Press Release
The Justice Department’s Antitrust Division and the Federal Trade Commission (FTC) will cohost the second Spring Enforcers Summit on Monday, March 27. Assistant Attorney General Jonathan Kanter of the Justice Department's Antitrust Division and Chair Lina M. Khan of the FTC, as well as senior staff from both agencies, will gather with international enforcers and state attorneys general to discuss enforcement priorities and strategies for effective coordination. The summit will be held in a hybrid format, with international enforcers and state attorneys general participating in-person, and a livestream option for virtual participation in the day’s plenary interviews and panel discussions.
“The global nature of our economy necessitates a vibrant and substantive exchange of ideas among antitrust and competition law enforcement authorities,” said Assistant Attorney General Kanter. “We look forward to sharing our priorities with fellow enforcement officials and the public directly.”
“At the second annual Enforcers Summit, we’ll identify top enforcement priorities and share progress on our agenda,” said FTC Chair Khan. “As we sharpen our tools to tackle today’s challenges, deepening cooperation with state and international enforcement partners is critical.”
The Enforcers Summit, which will take place in person at the RFK Main Justice Building of the Department of Justice, will include interviews of high-ranking officials; publicly streamed plenary sessions discussing merger review and monopolization cases; and closed-door, in-person discussions to facilitate the sharing of feedback and ideas. The event will highlight global, federal, and state perspectives on merger review and monopolization, including remedies, rollup strategies, and other pre-commercial activities; procurement collusion; and unfair methods of competition. The Enforcers Summit agenda is currently available at https://www.justice.gov/atr/spring-2023-enforcers-summit, and instructions for livestreaming the program will be made available on our web page shortly before the event.
Justice Department Commemorates the 60th Anniversary of Gideon v. WainwrightRead the Press Release
The Justice Department today commemorates the 60th anniversary of Gideon v. Wainwright, the landmark Supreme Court decision which held that the assistance of counsel is a fundamental right essential to a fair trial, and that the Sixth and Fourteenth Amendments require states to appoint attorneys for defendants who cannot afford to retain counsel on their own. The Office for Access to Justice (ATJ) is leading this effort by elevating the right to counsel and the importance of public defenders throughout the month of March.
“With its decision in Gideon, the Supreme Court transformed the American legal system by renewing the foundational promise of equal justice under law,” said Attorney General Merrick B. Garland. “There is still so much more work to be done to make the promise of Gideon real. The Justice Department recognizes the urgency and seriousness of these challenges. And we are committed to doing all we can to support our colleagues who have devoted their careers to public defense.”
“Twenty-five years ago today, former Attorney General Janet Reno, for whom I had the privilege of working, recognized that rigorous application of the Gideon decision secures the ‘fundamental fairness and accuracy of every criminal proceeding,’” said Deputy Attorney General Lisa Monaco. “Those words ring equally true today, as we strive to enhance access to counsel throughout the Bureau of Prisons and recognize the extraordinary contributions of hard-working public defenders and panel attorneys across this country.”
“Defending those accused of crimes is not just a nice thing to do, it is a constitutional requirement,” said Associate Attorney General Vanita Gupta. “That constitutional requirement helps ensure fairness and legitimacy — and for that reason, every actor in the criminal justice system should be invested in the work of public defenders. The Department of Justice stands with and is taking concrete steps to support public defenders as we work to make real the promise the Gideon decision made 60 years ago.”
Leading up to the anniversary on Saturday, March 18, ATJ, in partnership with Justice Department officials, launched a National Public Defense Day Tour focused on the appreciation and recognition of public defense. Through the Tour, the Department aimed to demonstrate commitment and responsiveness to concerns related to indigent defense in many communities. The National Public Defense Day Tour stops included:
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Miami – Deputy Attorney General Lisa Monaco, joined by U.S. Attorney Markenzy Lapointe for the Southern District of Florida and ATJ Director Rachel Rossi, launched the tour in Miami, where they met with federal and local public defenders and discussed barriers to access to counsel in detention facilities. The Deputy Attorney General announced a comprehensive, 100-day review to ensure consistent, timely access to counsel in Bureau of Prisons pretrial facilities.
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Tulsa, Oklahoma – Director Rossi met with the organization Still She Rises and local public defenders to discuss racial equity and holistic defense models of public defense.
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Muscogee (Creek) Nation – Director Rossi visited Muscogee (Creek) Nation Attorney General Geri Wisner and tribal defenders to discuss unique issues in public defense in Tribal jurisdictions.
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Las Vegas – Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department's Criminal Division and U.S. Attorney Jason M. Frierson for the District of Nevada joined Director Rossi at the William S. Boyd School of Law at the University of Nevada to discuss with law students the importance of public defense careers. Both announced a collaborative effort with ATJ and the Criminal Division’s Office of Overseas Prosecutorial Development and Training program to visit with and learn about Ghana’s legal aid commission and the commission’s public defender division, and to consider the possibility of study exchange visits to the United States. Director Rossi also announced that ATJ will soon launch a series of visits with law schools across the country to promote public defense careers.
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Nashville, Tennessee – Principal Deputy Assistant Attorney General Amy Solomon of the Office of Justice Programs joined Director Rossi to visit with members of the Public Defender Forensic Social Work Program and Nashville Public Defenders to discuss resource needs, and to announce the issuance of a joint dear colleague letter encouraging use of Byrne-JAG federal grant funding to resource public defense.
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Des Moines, Iowa – Associate Attorney General Vanita Gupta and U.S. Attorney Richard D. Westphal for the Southern District of Iowa joined Director Rossi where they met with the Iowa State Public Defender and contract attorneys to explore the needs of bar panel and contract defense attorneys, learn about issues faced by rural defenders, and discuss the assessment of fees for public defense services.
“On this 60th anniversary of Gideon, the Department is elevating the perspectives and experiences of public defense professionals and impacted communities across the country,” said Director Rossi. “As the principal advisor to the Department on the Sixth Amendment, ATJ will fulfill its mission by continuing to center these voices.”
To conclude the National Public Defense Day Tour, the Justice Department will hold a reception at the Department of Justice with over 100 attendees from various public defender offices, public defense organizations, judicial officers and court staff, government officials, and international partners. The reception, which can be viewed live, will feature remarks from Attorney General Merrick B. Garland, Associate Attorney General Vanita Gupta, ATJ Director Rachel Rossi, and the Federal Public Defender for the Western District of Virginia Juval Scott.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on March 14 was:
Matthew Raymond Schroeder, 47, of Lakewood, Colorado, on charge of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Schroeder faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Schroeder was remanded pending further proceedings. The Drug Enforcement Administration, Billings Police Department and Yellowstone County Sheriff’s Office investigated the case. PACER case reference. 22-150.
Appearing on March 13 was:
Keegan Tait Roll, 28, Camille Ann Rounds, 46, and Deborah Lynn Renenger, 32, all transients, on charges of possession to distribute controlled substances. If convicted of the most serious crime, the defendants face a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. All of the defendants were remanded pending further proceedings. The Eastern Montana High Intensity Drug Trafficking Area Task Force and Homeland Security Investigations investigated the case. PACER case reference. 23-41.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on March 13 was:
Kayla Denise Smith, 25, of Great Falls, on charges of conspiracy to possess with intent to distribute controlled substances, possession with intent to distribute controlled substances and distribution of meth. If convicted of the most serious crime, Smith faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Smith was detained pending further proceedings. The Great Falls Police Department, Drug Enforcement Administration and Montana Division of Criminal Investigation investigated the case. PACER case reference. 22-102.
Ryan Mark Jensen, 43, of Bremerton, Washington, on charges of conspiracy to possess with intent to distribute fentanyl and possession with intent to distribute fentanyl. If convicted of the most serious crime, Jensen faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Jensen was detained pending further proceedings. The Great Falls Police Department and Drug Enforcement Administration investigated the case. PACER case reference. 23-22.
Ryan Creighton Doak, 48, of Everett, Washington, on charges of possession with intent to distribute controlled substances, possession of a firearm in furtherance of a drug trafficking crime and prohibited person in possession of a firearm. If convicted of the most serious crime, Doak faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release on the drug charge and five years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release, on the crime of possessing a firearm in a drug trafficking crime. Doak was detained pending further proceedings. The Missoula High Intensity Drug Trafficking Area Task Force, Bureau of Alcohol, Tobacco, Firearms and Explosives and Montana Highway Patrol investigated the case. PACER case reference. 23-16.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on March 13 was:
Lindsay Ann Rumph, 34, of Butte, and Eric Anthony Navarro, 32, of Missoula, on charges of conspiracy to possess controlled substances, possession with intent to distribute controlled substances and possession of a firearm in furtherance of a drug trafficking crime. Navarro faces an additional charge of prohibited person in possession of a firearm. If convicted of the most serious crime, the defendants face a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release on the drug charge and five years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the charge of possessing a firearm in furtherance of drug trafficking. Rumph and Navarro were detained pending further proceedings. The FBI’s Montana Regional Violent Crime Task Force, FBI and Montana Highway Patrol investigated the case. PACER case reference. 23-17.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Indy Man Sentenced to 2 Years in Federal Prison for Trafficking “Glock Switch” Devices That Turn Semiautomatic Pistols into Machine gunsRead the Press Release
INDIANAPOLIS- Zaiveon Perry, 24, of Indianapolis, was sentenced to 2 years in federal prison after pleading guilty to possession of a machine gun.
According to court documents, in April of 2021, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were contacted by Indiana State Police regarding Zaiveon Perry’s drug and firearm dealing in Indianapolis, Indiana and Chicago, Illinois. Agents discovered Perry’s social media accounts, where he was publicly advertising fully automatic Glocks for sale.
On July 28, 2021, ATF Special Agents and ISP Troopers observed Perry sell a Glock pistol with a “Glock switch” conversion device attached for $3,250.00. The transaction took place in Perry’s black BMW. On January 6, 2022, investigators arrested Perry. Perry admitted to selling at least seven Glock firearms with switches attached.
Machinegun conversion devices sometimes called “Glock switches” or “auto-sears” are devices that convert ordinary semiautomatic firearms into fully automatic machine guns. Machinegun conversion devices are themselves considered machine guns under federal law, even when not installed, and are illegal to possess or sell without a special license.
Zachary A. Myers, United States Attorney for the Southern District of Indiana, Daryl S. McCormick, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Columbus Field Division, and Doug Carter, Superintendent of Indiana State Police made the announcement.
“Criminals who put illegal machine guns onto our streets add fuel to the fire of gun violence already devastating far too many of our families,” said Zachary A. Myers, United States Attorney for the Southern District of Indiana. “Possession and sale of these extremely dangerous devices is a serious crime which can result in years in federal prison. Our office will continue to work with the ATF, ISP, and all our partners in law enforcement to get illegal machine guns out of our communities and hold gun traffickers accountable.”
“Unfortunately, we are seeing more of these deadly conversion devices showing up on the streets,” stated Daryl S. McCormick, Special Agent in Charge of ATF’s Columbus Field Division. “U.S. law has long recognized that automatic weapons pose a special risk to public safety, both through the sheer volume of bullets fired and the likelihood that innocent bystanders will be injured or killed. ATF will continue to work with our law enforcement partners to hold accountable those who use and distribute machine gun conversion devices.”
The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Indiana State Police investigated this case. The sentence was imposed by U.S. District Court Judge James P. Hanlon. Judge Hanlon also ordered that Perry be supervised by the U.S. Probation Office for 3 years following his release from prison and be subject to a $500 fine.
U.S. Attorney Myers thanked Assistant United States Attorney Peter A. Blackett, who prosecuted this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results
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Gulfport Man Sentenced to over Three Years in Prison for Possession with Intent to Distribute FentanylRead the Press Release
Gulfport, Miss. – A Gulfport man was sentenced to 42 months in federal prison for possession with intent to distribute fentanyl, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration.
Deandre Alexander Oliver, 25, was sentenced in U.S. District Court in Gulfport.
According to court documents, in July of 2021, as part of the investigation into the death of an airman at Keesler Air Force Base, a drug trafficking organization was identified as operating in the sale of counterfeit pills containing fentanyl in Harrison County, Mississippi. This drug organization had provided fentanyl to Emmett Bennett who then caused a traffic accident on the base, killing one airman and injuring three others.
As a result of this investigation, Deandre Oliver was identified as a person who also sold fentanyl in the same drug trafficking network. On August 24, 2021, 20 counterfeit Percocet tablets containing fentanyl were purchased from Oliver in a controlled drug buy.
Oliver was indicted by a federal grand jury on September 7, 2022. He pled guilty on December 16, 2022, to possession with intent to distribute fentanyl.
The case was investigated by the Drug Enforcement Administration.
The case was prosecuted by Assistant U.S. Attorney Erica Rose.
Good Samaritan Helps Apprehend Armed Man Brandishing Two Loaded Guns in ManhattanRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Ivan J. Arvelo, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), and Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), announced the arrest of JASON FLEMING after he brandished a loaded semiautomatic Hi-Point carbine rifle and a loaded Smith & Wesson .357 Magnum revolver in broad daylight after a dispute in a bodega in Chelsea. FLEMING was arrested after a civilian, seeing FLEMING running down the street with a revolver in his hand as police were chasing him, stood in FLEMING’s way and pushed him into a nearby fence and then held onto him until police officers, who were still in pursuit, placed FLEMING under arrest.
U.S. Attorney Damian Williams said: “As alleged, the defendant illegally brandished two loaded firearms in broad daylight on a Manhattan street, one of which was a carbine rifle, frightening numerous New Yorkers, including a child. Thanks to our law enforcement partners and the heroic efforts of a Good Samaritan, the defendant was apprehended before he could hurt anyone, and his weapons are now off the streets.”
HSI Special Agent in Charge Ivan J. Arvelo said: “HSI special agents are committed to public safety and do not hesitate to act when members of the community are threatened. I am proud of our agents’ hard work and efforts with the rapid apprehension of this criminal and the follow-on investigative support provided to the New York City Police Department. HSI remains steadfast in our commitment to our law enforcement partners in the cause of community safety.”
NYPD Commissioner Keechant L. Sewell said: "The firearms allegedly displayed by the defendant in this case have no place on the streets of New York City. The NYPD will continue to aggressively pursue anyone who uses these illegal weapons to threaten the people we serve, and we will employ every resource available to hold them fully accountable. I want to thank the U.S. Attorney's Office for the Southern District of New York, the New York Field Office of Homeland Security Investigations, and everyone else who aided in this arrest."
According to the allegations in the Complaint:[1]
On or about March 16, 2023, JASON FLEMING entered a crowded bodega in the Chelsea neighborhood in Manhattan after having a verbal dispute with a man. FLEMING then stood in the doorway of the bodega and flashed a handgun as a girl attempted to leave the bodega. The child then ran away from the store when she was able to pass by FLEMING onto the sidewalk. The surveillance video then shows FLEMING outside the bodega and pulling back his coat momentarily to reveal a rifle that had been swung over his shoulder.
Police officers then approached FLEMING after a witness called 911, and FLEMING took off running down the sidewalk. While running, FLEMING brandished a semiautomatic carbine rifle in broad daylight while frightened civilians began running away from him, as seen in the below screenshots from surveillance videos:
FLEMING then threw the rifle over a fence near where customers were dining at a restaurant’s outdoor dining shed. Law enforcement officers recovered the rifle and found that it was a loaded semiautomatic Hi-Point carbine rifle, a photograph of which is below:
Meanwhile, after throwing the rifle, FLEMING brandished a revolver and continued running down the street, with police officers in foot pursuit. A nearby civilian, seeing FLEMING running down the street with a revolver in his hand, stood in FLEMING’s way and pushed him into a nearby fence and then held onto him until police officers, who were still in pursuit, placed FLEMING under arrest and handcuffed him. A screenshot of FLEMING, brandishing the revolver after the civilian made contact with him, is below, along with a photograph of the revolver:
FLEMING was not permitted to possess firearms because of his two prior felony convictions for unlawful firearms possession.
* * *
JASON FLEMING, 39, of New York, New York, is charged with possession of firearms after a felony conviction, which carries a maximum sentence of 15 years in prison.
The statutory maximum penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding investigative work of HSI and the NYPD. Mr. Williams also thanked the Bureau of Alcohol, Tobacco, Firearms, and Explosives for its assistance in this case.
This case is being handled by the Office’s Violent & Organized Crime Unit. Assistant U.S. Attorney Michael R. Herman is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Fresno Man Indicted for Escape from Federal CustodyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one-count indictment Thursday against Gabriel Mata, 29, of Fresno, charging him with escape from federal custody, U.S. Attorney Phillip A. Talbert announced.
According to court documents, On May 24, 2021, Mata was sentenced to 30 months in prison after pleading guilty to being a felon in possession of a firearm and was transferred to the Turning Point Residential Reentry Center in Fresno. On Dec. 28, 2021, Mata was discovered to be missing when a routine count was done at the facility. Mata did not have permission to leave the Turning Point facility and remained at large until his arrest.
This case is the product of an investigation by the U.S. Marshals Service. Assistant U.S. Attorney Laurel J. Montoya is prosecuting the case.
If convicted, Mata faces a maximum statutory penalty of five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Fort McCoy Man Sentenced to 80 Years in Prison for Impersonating Federal Agent to Produce and Receive Child Sex Abuse MaterialsRead the Press Release
Ocala, Florida –Senior United States District Judge John Antoon II has sentenced Eddie Joe Oglesby, Jr. (52, Fort McCoy) to 80 years in federal prison for two counts of production of child sex abuse material and one count of receipt of sex abuse material. A federal jury previously found Oglesby guilty on October 14, 2022. He had been charged in a superseding indictment on September 13, 2022.
According to testimony and evidence presented at trial, Oglesby created an elaborate false identity which he used to impersonate a federal agent. He then used this false identity to coerce underaged female victims to produce and send him child sex abuse material over the internet. Posing as the false agent, Oglesby threatened to have the victims arrested, imprisoned, institutionalized, or killed if they did not comply with his demands.
During a search of Oglesby’s Marion County residence by FBI agents on September 27, 2021, they found him with an underaged female runaway. A search of Oglesby’s cellular phone showed him logged into multiple social media applications under both his real and false identities. Agents ultimately found 473 pages of electronic communications between Oglesby and one of his victims on that cellular phone.
“This case exemplifies the commitment of the FBI and our law enforcement partners to identify and locate abusers who prey on our children,” said Special Agent in Charge Sherri E. Onks for the Jacksonville Division. “The crimes committed by this predator are inexcusable and we will stop at nothing to thwart criminals like him from taking advantage of innocent youth.”
This case was investigated by the Federal Bureau of Investigation, the Marion County Sheriff’s Office, the Weatherford (Texas) Police Department, and the Cobb County (Georgia) Sheriff’s Office. It was prosecuted by Assistant United States Attorneys William S. Hamilton and Hannah J. Nowalk.
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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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.
Former Postal Employee Sentenced for Stealing Items from the Mail She Was Entrusted to HandleRead the Press Release
NEW ORLEANS –KEISHAN WILSON, age 38, of New Orleans, Louisiana was sentenced on March 16, 2023, by the Honorable Eldon E. Fallon, U.S. District Judge, Eastern District of Louisiana, for stealing items from the mail she was entrusted to handle as a postal employee, announced U.S. Attorney Duane A. Evans.
According to court documents, KEISHAN WILSON was employed by the United States Postal Service as a mail processor in New Orleans when she was apprehended stealing items from the mail that she was entrusted to handle. The defendant was sentenced to (5) five years of probation. She was also ordered to pay restitution and a mandatory special assessment fee of $100. The restitution hearing is set for June 8, 2023.
U.S. Attorney Evans praised the work of the United States Postal Service, Office of the Inspector General in investigating this matter. Assistant United States Attorney Richard R. Pickens, II of the Financial Crimes Unit is in charge of the prosecution.
Former Memphis Attorney Pleads Guilty to Wire Fraud SchemeRead the Press Release
Memphis, TN – Former Memphis attorney, Leigh M. Chiles, 49, pled guilty in connection with a scheme to defraud an estate over which she was appointed to serve as executrix. United States Attorney Kevin G. Ritz announced the guilty plea today.
According to U.S. Attorney Ritz, a federal grand jury returned an indictment against Chiles in July 2022. Based on the charges and information presented in court today, Chiles, currently of Little Rock, Arkansas, appeared before United States Magistrate Judge Annie T. Christoff and entered a guilty plea to one count of wire fraud.
In September 2018, Chiles was appointed to serve as executrix over an estate opened in Shelby County Probate Court. In connection with her duties Chiles was responsible for collecting estate assets and distributing them to heirs and beneficiaries. In violation of her fiduciary duty, Chiles used approximately $124,000 in estate funds to write checks to herself and to pay her personal credit card between November 2018 and June 2019.
A sentencing hearing is currently set before United States District Judge John T. Fowlkes, Jr. on July 17, 2023, where Chiles faces a maximum sentence of 20 years’ imprisonment, a $250,000 fine, and three years of supervised release.
The case was investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Carroll L. André III is prosecuting this case.
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For more information, please contact Public Information Officer Cherri Green at (901) 544-4231 or [email protected]. Follow @WDTNNews on Twitter for office news and updates.
Former Department of State Employee Sentenced for Engaging in Illicit Sexual Conduct with Minors in the PhilippinesRead the Press Release
ALEXANDRIA, Va. – A former U.S. Department of State employee was sentenced today to 15 years in prison for engaging in illicit sexual conduct in a foreign place.
According to court documents, Dean Edward Cheves, 63, served at the U.S. Embassy in the Philippines from 2017 to 2021. From December 2020 to March 2021, Cheves used a messaging application installed on his cell phone to chat with a 15- to 16-year-old Philippine minor, whom he paid to create and send to him sexually explicit images of the minor. Additionally, in February 2021, Cheves engaged in sex acts on two separate occasions with another 16-year-old Philippine minor, whom he met online. Cheves used his government-issued cell phone to film the sex acts on at least one of those occasions. The child sex abuse material that Cheves produced was found on the phone after it was seized from Cheves’ embassy residence in the Philippines. Cheves knew the ages of both minors at the time he engaged in the conduct.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Kenneth A. Polite, Jr., Assistant Attorney General of the Justice Department’s Criminal Division, made the announcement after sentencing by Senior U.S. District Judge Claude M. Hilton.
The U.S. Department of State’s Diplomatic Security Service (DSS) Office of Special Investigations investigated the case with valuable assistance provided by the DSS Regional Security Office, Homeland Security Investigations Attaché’s Office in the Philippines, and the Philippine National Police.
Assistant U.S. Attorneys Lauren Pomerantz Halper and Zoe Bedell for the Eastern District of Virginia, and Trial Attorney Gwendelynn Bills for the Child Exploitation and Obscenity Section of the Justice Department’s Criminal Division, prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:21-cr-177.
Former Department of State Employee Sentenced for Engaging in Illicit Sexual Conduct with Minors in the PhilippinesRead the Press Release
A former U.S. Department of State employee was sentenced today to 15 years in prison for engaging in illicit sexual conduct in a foreign place.
According to court documents, Dean Edward Cheves, 63, served at the U.S. Embassy in the Philippines from 2017 to 2021. From December 2020 to March 2021, Cheves used a messaging application installed on his cell phone to chat with a 15- to 16-year-old Philippine minor, whom he paid to create and send to him sexually explicit images of the minor. Additionally, in February 2021, Cheves engaged in sex acts on two separate occasions with another 16-year-old Philippine minor, whom he met online. Cheves used his government-issued cell phone to film the sex acts on at least one of those occasions. The child sex abuse material that Cheves produced was found on the phone after it was seized from Cheves’ embassy residence in the Philippines. Cheves knew the ages of both minors at the time he engaged in the conduct.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and U.S. Attorney Jessica D. Aber for the Eastern District of Virginia made the announcement.
The U.S. Department of State’s Diplomatic Security Service (DSS) Office of Special Investigations investigated the case with valuable assistance provided by the DSS Regional Security Office, Homeland Security Investigations Attaché’s Office in the Philippines, and the Philippine National Police.
Trial Attorney Gwendelynn Bills of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorneys Lauren Pomerantz Halper and Zoe Bedell for the Eastern District of Virginia prosecuted the case.
This case is brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Federal Jury Convicts Northern Minnesota Felon for Illegal Possession of a FirearmRead the Press Release
MINNEAPOLIS – A federal jury found an Onamia man guilty of illegally possessing a firearm following a domestic assault, announced U.S. Attorney Andrew M. Luger.
Following a four-day trial before Senior Judge Michael J. Davis, Justin Lyle Cutbank, 36, was convicted on one count of possessing a firearm as a felon. A sentencing hearing will be scheduled at a later date.
According to evidence presented at trial and court documents, on November 19, 2020, Leech Lake Tribal Police were dispatched to a residence following a report that Cutbank had physically assaulted a woman, held her at gunpoint, threatened to kill her, and then fled the residence into the woods. Shortly after officers arrived at the residence and took the victim’s statement, a neighbor reported that Cutbank was in their garage and refused to leave. Officers from multiple agencies responded to the location and found Cutbank barricaded in the garage. Several hours of negotiations followed with Cutbank retreating into the attic of the garage and refusing to surrender. Ultimately, officers were able to apprehend Cutbank, who continued to actively resist arrest. The following day, officers searched the wooded area where Cutbank had fled and found a Marlin Model 100 .22 caliber rifle with no serial number, a knife, and the victim’s cell phone.
Because Cutbank has multiple prior felony convictions, he is prohibited under federal law from possessing firearms or ammunition at any time.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Minnesota Bureau of Criminal Apprehension, the Leech Lake Tribal Police Department, the Paul Bunyan Drug Task Force, and the Cass County Sheriff’s Office.
Assistant U.S. Attorneys Bradley M. Endicott and Ruth S. Shnider are prosecuting the case.
Federal Grand Jury Indicts Clovis Man Arrested with Fentanyl and MethamphetamineRead the Press Release
FRESNO, Calif. — A federal grand jury returned an indictment Thursday against Reyes Quinonez Jr., 42, of Clovis, charging him with possessing over 50 grams of methamphetamine and over 40 grams of fentanyl with intent to distribute those controlled substances, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in February 2023, Quinonez was on parole for a prior felony offense. Law enforcement officers conducted parole-compliance searches of Quinonez, his residence, and a car. They found a firearm, ammunition, over a pound of methamphetamine, and over half a pound of fentanyl.
This case is the product of an investigation by the Drug Enforcement Administration and the Clovis Police Department. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
If convicted, Quinonez faces a statutory penalty of between five and 40 years in prison and a fine of up to $5 million. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Operation Synthetic Opioid Surge (S.O.S.) a program designed to reduce the supply of deadly synthetic opioids in high impact areas as well as identifying wholesale distribution networks and international and domestic suppliers. In July 2018, the Justice Department announced the creation of S.O.S., which is being implemented in the Eastern District of California and nine other federal districts.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Federal Firearms Licensee and Boston Man Indicted for Firearm Trafficking and Straw Purchasing ConspiracyRead the Press Release
BOSTON – A Federal Firearms Licensee (FFL) and a Boston man have been indicted by a federal grand jury for allegedly conspiring to illegally traffic and straw purchase firearms.
Cory Daigle, 29, of Revere, and Gustavo Rodriguez, 20 of Boston, were each indicted on one count of conspiracy to make false statements in records required to be kept by an FFL and one count of aiding and abetting making false statements in records required to be kept by an FFL. Shakim Grant, 21, of Boston, was charged by Information with the same offenses. Daigle was also indicted on one count of trafficking in firearms, one count of illegal possession of a machine gun and one count of receipt or possession of an unregistered firearm. In January 2023, Daigle, Grant and Rodriguez were charged by criminal complaint.
According to the indictment, from in or about August 2022 through November 2022, Daigle and Rodriguez conspired to create false entries in records required to be maintained by Daigle, an FFL, in order to conceal the illegal sale of multiple firearms via Grant to Rodriguez, who could not lawfully purchase or possess firearms. Specifically, it is alleged that Daigle and Grant made and signed false representations on required forms to disguise Rodriguez’s identity as the true firearm purchaser. Rodriguez is prohibited from possessing a firearm. It is further alleged that the defendants attempted to coverup the illegal straw purchase by providing false information to law enforcement.
“Straw purchases are serious crimes that can result in deadly firearms getting into the hands of people the law strictly prohibits from possessing them. Frequently, we find that gun violence, including shootings and murders, is committed with an illegally obtained firearm by prohibited individuals, whether they are unlicensed, underage or precluded due to criminal history. In fact, that is exactly what is alleged to have happened here. Mr. Rodriguez does not have a license to legally possess or carry firearms and is banned from having a firearm in Massachusetts based on his age. Through excellent investigative work, authorities were led to an alleged straw purchaser, Grant, and Daigle, a Federal Firearms Licensee and gun vendor at a mill in Littleton, Massachusetts which has been publicly reported to be the largest congregation of gun vendors at a single address in the country. We allege that these individuals circumvented the law to knowingly engage in a straw purchase,” said United States Attorney Rachael S. Rollins. “This criminal conspiracy came to light in the wake of a violent shooting in Boston. These types of crimes can have real and life altering consequences. We pledge to aggressively combat the illegal trafficking of firearms in our Commonwealth and to hold all participants – not just the buyers – in straw purchases accountable.”
“When you buy a gun for someone who is legally prohibited from possessing a firearm, you could be buying yourself time in federal prison,” said James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, & Explosives, Boston Field Division. “The surge of gun violence in our cities is being fueled by individuals who circumvent the law and put firearms in the wrong hands. Our mission is clear and we will continue working with our partners to stop the flow of illegal firearm transfers that fuel the cycles of violence.”
The charge of conspiracy to make false statements in records required to be kept by an FFL provides for a sentence of up to five years in prison, one year of supervised release and a fine of $250,000. The charge of aiding and abetting making false statements in records required to be kept by an FFL provides for a sentence of up to five years in prison, one year of supervised release and a fine of $250,000. The charge of trafficking in firearms provides for a sentence of up to 15 years in prison, three years of supervised release and a fine of $250,000. The charge of illegal possession of a machine gun provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. The charge of receipt or possession of an unregistered firearm provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
U.S. Attorney Rollins, ATF Boston SAC Ferguson and Boston Police Commissioner Michael Cox made the announcement today. Valuable assistance in the investigation was provided by the Revere Police Department. Assistant U.S. Attorney Luke A. Goldworm of Rollins’ Major Crimes Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Exton, Pennsylvania Lab Agrees to Pay $125,000 to Resolve Controlled Substances Act ViolationsRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Frontage Laboratories, Inc. (Frontage) has agreed to pay $125,000.00 to resolve allegations that it violated the Controlled Substances Act (CSA) by failing to maintain complete and accurate records of controlled substances and failing to keep one controlled substance secured. The United States’ investigation involved Frontage’s facility located 75 E. Uwchlan Ave., Exton, PA 19341. As part of the settlement, Frontage has entered into a two-year extension of its Memorandum of Agreement (MOA) with the Drug Enforcement Administration (DEA), which includes additional responsibilities regarding the handling of controlled substances. The MOA imposes compliance obligations significantly more stringent than those in the applicable laws and regulations.
Frontage is registered with the DEA as a Manufacturer of schedule I-V controlled substances. Based on an investigation, Frontage entered into a Memorandum of Agreement with the DEA on July 21, 2021. On May 9, 2022, a reinspection was completed on Frontage’s manufacturer registration. The investigators found record-keeping violations, including failure to separate Schedule I-II biennial inventory from Schedule III-V inventory, failure to document the correct amount of certain controlled substances on-hand, failure to record the date and quantity received on four receiving records, record the address and registration number of their own manufacturer and analytical lab on six transfers of controlled substances, and storing one controlled substance in a cabinet, rather than an approved safe.
Frontage acknowledged the seriousness of the issues, corrected the problems, hired new oversight staff, and accepted the extended MOA and the need to pay a penalty.
“Manufacturers who fail to maintain proper records of controlled substances create conditions ripe for diversion,” said U.S. Attorney Romero. “Companies have a responsibility to ensure that all controlled substances are tracked through the distribution chain. Our Office is committed to ensuring total compliance with the Controlled Substances Act, and we will vigorously enforce violations wherever we find them.”
Congress enacted the CSA to deter the illegal importation, manufacture, distribution, possession, and improper use of controlled substances, including prescription medications, and requires individuals and entities registered with the DEA to maintain complete and accurate records of all controlled substances and security systems so that controlled substances are not lost, stolen, or inappropriately dispensed.
The government’s pursuit of this matter demonstrates its commitment to combating diversion of controlled substances. The recordkeeping and other regulations applicable to DEA registrants, including manufacturers, are the tools by which the DEA deters drug diversion.
The investigation was conducted by the DEA’s Philadelphia Field Division, Diversion Regulatory Group 1 and the investigation and settlement was handled by Assistant U.S. Attorney Viveca D. Parker.
The claims resolved by this settlement are allegations only and there has been no determination of liability.
El Dorado County Couple Found Guilty of Tax FraudRead the Press Release
SACRAMENTO, Calif. — After an 8-day trial, a federal jury found El Dorado Hills couple Brian Beland, 39, and Denae Beland, 40, guilty in an effort to circumvent paying federal income taxes, U.S. Attorney Phillip A. Talbert announced.
“When the IRS began a civil audit of Brian and Danae Beland’s taxes, the defendants tried to hide their crimes through false expenses, telling falsehoods to the civil examiner, and obstructing the IRS audit,” said U.S. Attorney Talbert. “This trial is an example of the U.S. Attorney’s Office’s commitment to investigate and prosecute those who fail to comply with their federal tax obligations.”
“Falsifying documents and filing fraudulent tax returns is a crime,” said Darren Lian, Special Agent in Charge of the IRS Criminal Investigation’s Oakland Field Office. “We should not forget that the ultimate victims in tax fraud cases are the people of the United States – those honest taxpayers who diligently and truthfully file tax returns each year. IRS-CI will continue to focus our investigative efforts on individuals and businesses who cheat on their taxes and do not comply with the law. I want to thank the U.S. Attorney’s Office and the dedication of our agents that resulted in Mr. and Mrs. Beland’s guilty verdict by the jury.”
For filing false tax returns that illegally claimed both personal expenses and fabricated expenses as tax deductions, Brian Beland has been found guilty of three counts of a filing false tax return for tax years 2011, 2012, and 2013. Brian Beland and Denae Beland were both found guilty of corruptly impeding their tax audit.
According to court documents and evidence presented at trial, Brian Beland was a mortgage broker for Wells Fargo and then Bank of America from 2011 through 2013. He claimed business expenses in excess of $800,000 for all three years, effectively paying only a 2% tax on the more than $1.1 million he earned. Denae Beland is an attorney licensed by the California State Bar. When the IRS began a civil audit of their taxes, Brian and Denae Beland tried to hide their crimes by falsely claiming that personal expenses were business expenses, telling falsehoods to the civil examiner, and obstructing the IRS audit by not providing requested documents.
For the IRS audit, the Belands, claiming their business records had been shredded or lost, recreated spreadsheets of their business expenses that listed various items as business expenses that were actually personal expenses, including travel to Europe, the Eiffel Tower, Hawaii and Cancun; wine racks and a personalized wine bottle in their wine cellar; a California king bed; patio furniture; automated tiki torches; birthday party and baby shower expenses; home gym exercise flooring; and other items. In June 2016, the IRS executed a search warrant at their house in El Dorado Hills. In addition to finding many pieces of furniture and household goods that had been claimed as business expenses, agents also found tax records and receipts, despite the Belands’ claims that all records and receipts had been destroyed.
This case is the product of an investigation by the IRS Criminal Investigation. Assistant U.S. Attorneys Veronica M.A. Alegría and Lee S. Bickley are prosecuting the case.
Brian and Danae Beland are scheduled to be sentenced on June 20, 2023, by U.S. District Judge William B. Shubb. Brian Beland faces a maximum statutory penalty of three years in prison and a fine of up to $100,000 for each count of filing a false tax return. Brian and Denae Beland each face a maximum statutory penalty of three years in prison and a fine of up to $5,000 for corruptly endeavoring to impede the tax audit. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Clackamas Man Arrested on Child Pornography Charges Three Months After Release from Federal CustodyRead the Press Release
PORTLAND, Ore.—A Clackamas, Oregon man appeared in federal court today after he was arrested on child pornography charges less than three months after completing a federal prison sentence for similar conduct.
Nicholas James Stacy, 29, has been charged by criminal complaint with transporting and possessing child pornography.
According to the complaint, in March 2023, special agents from Homeland Security Investigations (HSI) were contacted by Portland Police Bureau detectives investigating multiple CyberTipline reports they had received regarding Stacy’s alleged use of Facebook, Dropbox, and other web services to possess and distribute child pornography.
Stacy was released from federal custody in December 2022 after serving a 60-month sentence on a previous child pornography conviction. While on post-prison supervision, Stacy was prohibited from possessing a computer or other electronic devices or accessing the internet for any reason without permission from his probation officer.
On March 16, 2023, investigators executed federal search warrants on Stacy’s person, residence, and his mother’s residence. Agents seized multiple electronic devices Stacy possessed in violation of his terms of supervision and placed him under arrest.
Stacy made his first appearance in federal court today before U.S. Magistrate Judge Youlee Yim You. He was ordered detained pending further court proceedings.
This case was investigated by HSI, the Portland Police Bureau, and U.S. Probation Office. It is being prosecuted by Mira Chernick, Assistant U.S. Attorney for the District of Oregon.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Anyone who has information about the physical or online exploitation of children are encouraged to contact HSI at (866) 347-2423 or submit a tip online at report.cybertip.org.
Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor. It is important to remember child sexual abuse material depicts actual crimes being committed against children. Not only do these images and videos document the victims’ exploitation and abuse, but when shared across the internet, re-victimize and re-traumatize the child victims each time their abuse is viewed. To learn more, please visit the National Center for Missing & Exploited Children at www.missingkids.org.
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. For more information about Project Safe Childhood, please visit www.justice.gov/psc.