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20 April 2023
Lead Defendant Pleads Guilty in Case Targeting International Cocaine Trafficking Conspiracy Involving Corrupt Air Traffic ControllersRead the Press Release
LOS ANGELES – The lead defendant in an indictment targeting an international drug trafficking organization pleaded guilty today to conspiring to smuggle tens of millions of dollars’ worth of cocaine by aircraft from Colombia to Mexico for distribution in the United States via the maintenance of secret airstrips and the bribery of air traffic controllers.
Jaison Dávila Amador, 56, a.k.a. “Costeño” and “María Angélica,” of Bogotá, Colombia, pleaded guilty to one count of conspiracy to distribute cocaine for the purpose of unlawful importation. Dávila has been in federal custody since September 2021 after his extradition from Colombia.
According to his plea agreement, from at least October 2017 to May 2019, Dávila participated in the cocaine trafficking conspiracy. Dávila and his accomplices carried out their plan by maintaining clandestine airstrips in Colombia where aircraft from Mexico would land to retrieve bulk quantities of cocaine.
To facilitate the scheme, members of the conspiracy bribed air traffic controllers and law enforcement officials to ensure the flights from Mexico could enter Colombian airspace undisturbed.
On November 5, 2017, an aircraft bound from Mexico entered Colombian airspace for the purpose of receiving a cocaine shipment, but it was intercepted and forced down by the Colombian Air Force and then destroyed it with machine gun fire. Near a clandestine airstrip and near the airplane’s wreckage, law enforcement found approximately 515 kilograms (1,135 pounds), which Dávila and his co-conspirators intended to traffic by aircraft. Investigators estimate that the seized cocaine, if sold in the United States, would have been valued at more than $13 million.
Dávila admitted in his plea agreement to coordinating various aspects of the conspiracy, including bribe payments to air traffic controllers, financing for the cocaine shipment, and logistical support for the aircraft that would transport the cocaine from Colombia to Mexico.
United States District Judge George H. Wu scheduled an August 28 sentencing hearing, at which time Dávila will face a mandatory minimum sentence of 10 years in federal prison and a statutory maximum sentence of life imprisonment.
All 13 defendants arrested and extradited to the United States in this case have pleaded guilty to participating in the international drug trafficking conspiracy. Those defendants include:
- Miguel Hadad Facusseh, 40, a Mexican national previously extradited from Canada, who procured financing for aircraft, pilots, and clandestine airstrips in Mexico to facilitate cocaine shipments;
- Marta Elizabeth Orozco Acevedo, 57, an air traffic controller in Colombia who used her position to monitor Colombian airspace during the anticipated arrival and exit of the plane from Mexico that would retrieve cocaine shipments; and
- José Alberto Cantillo Aponte, 58, a Colombian government worker who was employed to bribe or otherwise influence corrupt government officials to permit the aircraft from Mexico to enter Colombian airspace.
Two other defendants were also charged: Eduardo Antonio Bula Correa, a retired colonel in the Colombian National Police who died while awaiting his extradition to the United States, and Francisco Javier Ruelas Tejada, 61, who remains a fugitive and is believed to reside in Mexico.
The investigation into this drug trafficking organization was conducted by special agents with the Drug Enforcement Administration, which received substantial assistance from the Colombia National Police’s Dirección de Investigación Criminal e Interpol (DIJIN) and Colombia’s Fiscalía General de La Nación. This investigation was conducted with the support of the Organized Crime Drug Enforcement Task Force. The Justice Department’s Office of International Affairs provided substantial assistance in securing the defendants’ extradition from Colombia and Canada.
Assistant United States Attorneys Alexander B. Schwab of the Major Fraud Section, Chelsea Norell of the Violent and Organized Crime Section, and Elia Herrera of the International Narcotics, Money Laundering, and Racketeering Section are prosecuting this case.
Las Cruces Man Sentenced to 25 Years for Production of Child PornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations El Paso, announced today that Sean Patrick Fosler was sentenced to 25 years in prison. Fosler, 30, of Las Cruces, New Mexico, pleaded guilty on April 28, 2022 to production of child pornography. Upon his release from prison, Fosler will be subject to 5 years of supervised release and must register as a sex offender.
According to the plea agreement and other court records, on Dec. 2, 2021, a confidential source notified HSI that Fosler had live-streamed an incident of sexually explicit conduct with a then eight-year-old child through Snapchat. During the investigation, HSI agents located two Snapchat accounts belonging to Fosler, each containing numerous images of child pornography produced by Fosler with the victim starting as early as when she was six or seven years old. Fosler told the victim to not tell anyone because otherwise he would go to jail.
“HSI special agents remain committed to work tirelessly to protect innocent children victimized by those who engage in such heinous and perverse actions,” said Francisco B. Burrola, Special Agent in Charge for HSI El Paso. “This case was a great example of multiple agencies in our region collaborating to bring justice for a minor victim, and we will stop at nothing to put an end to child victimization.”
"Those who use minors for their own sexual gratification are selfish and cowardly,” said U.S. Attorney Alexander Uballez. “Those who then capture and share those darkest moments of a child-victim’s life infinitely compound the harm. I’m proud to partner with Homeland Security Investigations, New Mexico State Police, and the El Paso Police Department to support healing and closure for the victim and their loved ones.”
Homeland Security Investigations (HSI) investigated this case with assistance from the New Mexico State Police and the El Paso Police Department. Assistant United States Attorneys Marisa A. Ong and R. Eliot Neal are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s 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/.
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Lame Deer man sentenced to more than 11 years in prison for aggravated sexual abuseRead the Press Release
BILLINGS — A Lame Deer man convicted of sexually abusing a woman on the Northern Cheyenne Indian Reservation in 2022 was sentenced today to 11 years and eight months in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said.
James Cale Allen, 29, pleaded guilty in December 2022 to aggravated sexual abuse.
U.S. District Judge Susan P. Watters presided.
In court documents, the government alleged that in June 2022, Allen was drinking alcohol in a Lame Deer residence and became angry with the victim, a woman. Allen first slapped and punched the victim and then sexually assaulted her while she was telling him no.
The U.S. Attorney’s Office prosecuted the case, which was investigated by the FBI.
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Kalispell man admits threatening to murder U.S. Sen. Jon TesterRead the Press Release
MISSOULA — A Kalispell man accused of threatening to kill Montana U.S. Senator Jon Tester in calls to his office admitted to a threats charge today, the U.S. Attorney’s Office said.
Kevin Patrick Smith, 46, pleaded guilty to threats to murder a United States Senator. Smith faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. A sentencing date was set for Aug. 24 before U.S. District Judge Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Smith was detained pending further proceedings.
The government alleged in court documents that on Jan. 30, Smith made numerous threatening phone calls to Sen. Tester, a member of Congress, by leaving voicemails at Sen. Tester’s Kalispell office.
In one message, Smith said:
“There is nothing I want more than to have you stand toe to toe with me. You stand toe to toe with me. I rip your head off. You die. You stand in a situation where it is physical between you and me. You die.”
And:
“I will never stop … And I would love to destroy you and rip your (obscenity) head from your shoulders. That is no problem. Call that a threat. Send the FBI.”
Smith also left a message for Sen. Tester that said:
“I would love to (obscenity) kill you. I would love to see your FBI at my door. I would love to see something in the news.”
Smith acknowledged in the recordings that he threatened Sen. Tester and such threats were “on purpose.” Smith made the threats because he was upset with Sen. Tester’s political decisions.
Assistant U.S. Attorney Ryan G. Weldon is prosecuting the case, which was investigated by the FBI and U.S. Capitol Police.
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KC Man Sentenced to 21 Years for Hate Crime in Attempted Murder of Teen Because of His Sexual OrientationRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man was sentenced in federal court today for committing a hate crime by shooting a local teenager eight times in an attempted murder that was motivated by the victim’s sexual orientation.
“This significant penalty brings a measure of justice to the young victim and to the larger LGBTQI+ community,” said U.S. Attorney Teresa Moore. “To ambush and shoot an unwitting victim, who posed no threat to him, for no other reason than his sexual orientation is reprehensible behavior that won’t be tolerated. Our entire community must stand together against acts of violence motivated by hatred for any group of people. The Department of Justice is committed to protecting the civil rights of all citizens and prosecuting those who illegally threaten those rights.”
Malachi Robinson, 25, was sentenced by U.S. District Judge Brian C. Wimes to 21 years and 10 months in federal prison without parole.
“This sentencing validates that bias-motivated crimes will not be tolerated and demonstrates law enforcement’s continued commitment to aggressively investigate and bring to justice those responsible for these heinous crimes,” said Special Agent in Charge Charles Dayoub of the FBI’s Kansas City Field Office. To target an individual, lure them and shoot them multiple times for no other reason than their perceived sexual orientation is reprehensible. The sentence imposed today reflects the severity of the crime committed against the victim and the entire LGBTQI+ community. Every individual has the right to live without fear of being attacked or harassed, regardless of their sexual orientation. The FBI is committed to working with our federal, state and local partners to protect the civil rights of all.”
“This defendant’s sentence holds him accountable for the violent and callous hate crime perpetrated against a defenseless teenager targeted because of their LGBTQ+ status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Recent FBI data makes clear that hate crimes targeting the LGBTQ+ community persist and this sentence should send a strong message to the perpetrators of these crimes that they will be held accountable. Bias motivated misconduct has no place in our country, and the Justice Department is committed to working with our federal, state, and local partners to vigorously pursue justice for victims targeted because of their sexual orientation.”
On July 7, 2022, Robinson pleaded guilty to one count of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Robinson has been in federal custody since he was indicted by a federal grand jury on Aug. 10, 2021.
By pleading guilty, Robinson admitted that he shot the then-16-year-old victim, identified in court records as “M.S.,” approximately eight times with a Taurus 9mm pistol in an attempt to kill him because of his sexual orientation, causing life-threatening injuries.
After a chance meeting at the Kansas City Public Library on May 29, 2019, Robinson and M.S. talked briefly over Facebook Messenger before meeting outside the library. According to court documents, library surveillance footage showed that M.S. began to walk away, and Robinson followed him, catching up to M.S. before crossing the street. The two then walked for a while in the Swoop Park area, until Robinson suggested that they go into a wooded area nearby under the guise of looking for a place to engage in a sex act. Around the same time, Robinson wrote separately to his girlfriend that he “might shoot this boy” because of his sexual orientation.
Robinson and M.S. entered a wooded area nearby. M.S. changed his mind and turned to leave the woods, but Robinson pulled out his pistol and fired repeatedly at M.S. M.S. was able to get up and onto a sidewalk in front of the woods. He moved along the sidewalk until he eventually collapsed in front of a nearby apartment building. A bystander called 911, and police officers and emergency medical services responded. M.S. was transported to a local hospital, where he was deemed to be in critical condition.
M.S., who sustained eight gunshot wounds, survived the shooting after spending approximately two weeks in the hospital. M.S. has since suffered long-term effects of the shooting. He has undergone multiple surgeries and physical therapy and still has several bullets inside of him.
Robinson fled through the woods toward his apartment building and engaged in attempts to avoid detection or arrest. Later that day, and in the days that followed, Robinson told others that he shot M.S. because of his sexual orientation.
This case was prosecuted by Assistant U.S. Attorney Dave Ketchmark with the Western District of Missouri and Trial Attorneys Shan Patel and Eric Peffley of the Civil Rights Division’s Criminal Section. It was investigated by the FBI and the Kansas City, Mo., Police Department.
Justice Department and EPA Announce Clean Air Act Settlements with Three Natural Gas ProcessorsRead the Press Release
The Department of Justice and the Environmental Protection Agency (EPA) today announced three separate settlements with natural gas processors that will require the companies to pay a combined $9.25 million in civil penalties and make improvements at 25 gas processing plants and 91 compressor stations. These settlements will reduce harmful air pollution and improve air quality in 12 states, including in communities disproportionately impacted by pollution and in Indian Country. The states of Alabama, Colorado, Louisiana, North Dakota, West Virginia, and Wyoming, and the Southern Ute Indian Tribe, are also settling claims against the companies.
When fully implemented, the combined settlements with The Williams Companies Inc., MPLX LP and WES DJ Gathering LLC fka Kerr-McGee Gathering LLC will reduce ozone-producing air pollution by an estimated 953 tons per year and greenhouse gases by 50,633 tons per year of carbon dioxide equivalent, including methane. This reduction equates to taking 11,267 gasoline-powered passenger vehicles off the road for one year. The settlements, lodged simultaneously today in the Federal District Courts of Colorado and Utah, resolve allegations that the companies violated the Clean Air Act and state air pollution control laws.
“These three settlements will measurably improve air quality for communities in 12 states and Indian Country,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Today’s announcement highlights this administration’s commitment to reduce harmful air pollution – including emissions that exacerbate climate change – and provide environmental justice for those disproportionately impacted.”
“EPA continues to deliver cleaner air through rigorous enforcement of the Clean Air Act,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of Enforcement and Compliance Assurance. “Leaks from valves, pumps and connectors at natural gas processing plants and emissions from compressor stations are a significant source of harmful air pollution. We will continue to hold these companies accountable and work to reduce these unlawful emissions into the atmosphere.”
The settlements filed today address allegations that The Williams Companies Inc., MPLX LP and WES DJ Gathering LLC violated federal and state clean air laws related to leak detection and repair (LDAR) requirements for natural gas processing plants at various facilities that they own and operate across the nation. These facilities emit volatile organic compounds (VOCs), nitrogen oxides (NOx), hazardous air pollutants such as benzene and formaldehyde, and greenhouse gases into the atmosphere, according to the complaints filed against the companies.
VOCs are a key component in the formation of smog or ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma, and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis. NOx reacts with VOCs in the presence of sunlight to form ozone. Children, people with respiratory illness, the elderly, and those working or exercising outdoors have a higher risk of being harmed from breathing ozone.
Emissions at the defendants’ facilities also emit greenhouse gases, such as methane, a potent colorless and odorless gas that is the main component of natural gas and which significantly contributes to global warming when emitted into the atmosphere. See www.epa.gov/ghgemissions/overview-greenhouse-gases (describing carbon dioxide equivalent).
Under the settlements, the companies will spend approximately $16 million combined on injunctive relief requirements. To minimize emissions at the natural gas processing plants, the defendants will install and operate new technologies, as well as improve and expand existing control techniques. These commitments include installing equipment that leaks less, conducting audits, reviewing compliance with leak detection and repair requirements, and repairing leaking equipment faster. The companies will improve staff training for leak detection and repair at their facilities, and they have agreed to use optical gas imaging technology at their facilities to improve the visual detection of leaks and quickly repair them.
Finally, The Williams Companies Inc., MPLX LP and WES DJ Gathering LLC will implement additional projects to mitigate the harm caused by the excess emissions resulting from their violations of the CAA. These projects vary by company, and more information about each project can be found in the fact sheets linked above.
The consent decrees lodged today are: United States, et al. v. The Williams Companies Inc., et al.; United States, et al. v. MPLX LP; and United States, et al. v. WES DJ Gathering LLC fka Kerr-McGee Gathering LLC.
For each separate settlement, the United States will publish a notice of the Consent Decree’s lodging in U.S. District Court in the Federal Register and will accept public comment for 30 days after each notice is published. The Federal Register notices also will include instructions for submitting public comment.
The three gas plant settlements announced today are part of EPA and the Department of Justice’s ongoing focus on reducing air pollution from oil and gas facilities. Today’s announcement follows the announcement on March 27 by the EPA, the Justice Department and the New Mexico Environment Department of a settlement with Matador Production Company, another landmark settlement with an oil and gas company.
Justice Department Secures Agreement with Micron Technology to Resolve a Claim of Immigration-Related Employment DiscriminationRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with Micron Technology Inc. (Micron), a manufacturer of semiconductor memory and storage products based in Boise, Idaho. The settlement resolves the department’s determination that Micron violated the Immigration and Nationality Act (INA) by discriminating against a U.S. citizen when it failed to hire him for a position and instead hired a temporary visa worker.
“Companies cannot unlawfully discriminate against a job applicant because they prefer to hire someone with a different citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We will continue to hold companies accountable, both big and small, for their violations of this federal civil rights law.”
The department’s investigation began when a U.S. citizen worker complained that Micron unfairly denied him employment because of his citizenship status. The department determined that Micron unlawfully preferred a temporary visa worker for the position, failing to meaningfully consider the U.S. citizen’s qualifications. Under the INA, employers cannot discriminate based on citizenship, immigration status or national origin at any stage of the hiring process, unless required or allowed by law.
Under the settlement, Micron will pay a civil penalty to the United States and offer back pay totaling $85,000 to the affected worker. Additionally, Micron will train its staff on the INA’s anti-discrimination provision, change its policies and procedures and be subject to departmental monitoring for a two-year period.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. This law prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Find more information on how employers can avoid discrimination when hiring and recruiting on IER’s websiteoutreach materials. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to here to receive updates from IER.
Justice Department Secures $400,000 in Sexual Harassment Lawsuit Against Connecticut LandlordRead the Press Release
The Justice Department announced today that it has secured an agreement to resolve a lawsuit alleging that New London, Connecticut, landlord Richard Bruno violated the Fair Housing Act by sexually harassing female tenants and applicants. The settlement also resolves claims against Domco LLC and Domco II LLC, which, along with Bruno, owned the properties where the alleged harassment occurred.
Under the consent decree, subject to approval by the U.S. District Court for the District of Connecticut, defendants are required to pay $350,000 to compensate individuals harmed by the harassment and pay a $50,000 civil penalty to the United States. With this settlement, which is part of the department’s Sexual Harassment in Housing Initiative, the department has obtained over $10 million for victims of sexual harassment.
“No person should ever have to endure sexual harassment in order to get or keep housing,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When landlords and housing providers sexually harass those seeking a roof over their head, they undermine human dignity, and violate the sense of safety and privacy in one’s home that we all deserve. As the Justice Department commemorates National Fair Housing Month, we stand more committed than ever to holding housing providers accountable for their unlawful behavior and seeking relief for survivors.”
“Mr. Bruno abused his power as a landlord to sexually harass and victimize his vulnerable tenants for years,” said U.S. Attorney Vanessa Roberts Avery for the District of Connecticut. “This settlement serves as an important reminder to the Connecticut community that sexual harassment by landlords is a violation of federal law, and this office will not hesitate to seek justice for any victims of such intolerable conduct.”
Special Agents from the Department of Housing and Urban Development’s Office of Inspector General supported the Justice Department’s work in this matter.
“The allegations of sexual harassment in this case in violation of the Fair Housing Act are serious,” said Inspector General Rae Oliver Davis of the Department of Housing and Urban Development. “Every person deserves to find and stay in housing without facing sexual harassment from a landlord. HUD OIG is dedicated to working with our law enforcement partners to seek justice for survivors and to hold housing providers accountable for sexually assaulting or harassing HUD tenants.”
Under the consent decree, Bruno is permanently prohibited from owning and managing residential rental properties in the future. The property owners must hire an independent property manager to manage their properties, obtain fair housing training and implement non-discrimination policies and complaint procedures to prevent sexual harassment at their properties in the future.
The Justice Department’s lawsuit, filed in February 2019, alleged that from at least 2011 through 2016, Bruno sexually harassed female tenants and applicants of rental properties owned or co-owned by Bruno, Domco LLC and Domco II LLC. According to the complaint, Bruno engaged in harassment that included making unwelcome sexual advances and comments, engaging in unwanted sexual touching, demanding or pressuring female applicants to engage in sexual acts to obtain rental privileges, evicting or threatening to evict female tenants who objected to or refused sexual advances, entering the homes of female tenants without their consent, asking to take and taking pictures and videos of the bodies of his tenants and their female children and establishing, maintaining and forcing his tenants and their minor female children to view “dungeons” or “sex rooms” in the rental properties.
Bruno, a former resident of Waterford, Connecticut, has been incarcerated since 2017. He is serving a 16-year sentence in federal prison, following his guilty plea to charges related to producing child pornography with a tenant’s minor child in one of the properties he managed.
The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the department’s initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. Since launching the initiative in October 2017, the department has filed 30 lawsuits alleging sexual harassment in housing and recovered over $10 million for victims of such harassment.
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals may report sexual harassment or other forms of housing discrimination by submitting a report online or by contacting the U.S. Attorney’s Office for the District of Connecticut at: (203) 821-3700.
Individuals may also report such discrimination by contacting HUD at 1-800-669-9777 or by filing a complaint online.
Justice Department Secures $400,000 in Sexual Harassment Lawsuit Against Connecticut LandlordRead the Press Release
WASHINGTON – The Justice Department announced today that it has secured an agreement to resolve a lawsuit alleging that New London, Connecticut, landlord Richard Bruno violated the Fair Housing Act by sexually harassing female tenants and applicants. The settlement also resolves claims against Domco LLC and Domco II LLC, which, along with Bruno, owned the properties where the alleged harassment occurred.
Under the consent decree, subject to approval by the U.S. District Court for the District of Connecticut, defendants are required to pay $350,000 to compensate individuals harmed by the harassment and pay a $50,000 civil penalty to the United States. With this settlement, which is part of the department’s Sexual Harassment in Housing Initiative, the department has obtained over $10 million for victims of sexual harassment.
“No person should ever have to endure sexual harassment in order to get or keep housing,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When landlords and housing providers sexually harass those seeking a roof over their head, they undermine human dignity, and violate the sense of safety and privacy in one’s home that we all deserve. As the Justice Department commemorates National Fair Housing Month, we stand more committed than ever to holding housing providers accountable for their unlawful behavior and seeking relief for survivors.”
“Mr. Bruno abused his power as a landlord to sexually harass and victimize his vulnerable tenants for years,” said U.S. Attorney Vanessa Roberts Avery for the District of Connecticut. “This settlement serves as an important reminder to the Connecticut community that sexual harassment by landlords is a violation of federal law, and this office will not hesitate to seek justice for any victims of such intolerable conduct.”
Special Agents from the Department of Housing and Urban Development’s Office of Inspector General supported the Justice Department’s work in this matter.
“The allegations of sexual harassment in this case in violation of the Fair Housing Act are serious,” said Inspector General Rae Oliver Davis of the Department of Housing and Urban Development. “Every person deserves to find and stay in housing without facing sexual harassment from a landlord. HUD OIG is dedicated to working with our law enforcement partners to seek justice for survivors and to hold housing providers accountable for sexually assaulting or harassing HUD tenants.”
Under the consent decree, Bruno is permanently prohibited from owning and managing residential rental properties in the future. The property owners must hire an independent property manager to manage their properties, obtain fair housing training and implement non-discrimination policies and complaint procedures to prevent sexual harassment at their properties in the future.
The Justice Department’s lawsuit, filed in February 2019, alleged that from at least 2011 through 2016, Bruno sexually harassed female tenants and applicants of rental properties owned or co-owned by Bruno, Domco LLC and Domco II LLC. According to the complaint, Bruno engaged in harassment that included making unwelcome sexual advances and comments, engaging in unwanted sexual touching, demanding or pressuring female applicants to engage in sexual acts to obtain rental privileges, evicting or threatening to evict female tenants who objected to or refused sexual advances, entering the homes of female tenants without their consent, asking to take and taking pictures and videos of the bodies of his tenants and their female children and establishing, maintaining and forcing his tenants and their minor female children to view “dungeons” or “sex rooms” in the rental properties.
Bruno, a former resident of Waterford, Connecticut, has been incarcerated since 2017. He is serving a 16-year sentence in federal prison, following his guilty plea to charges related to producing child pornography with a tenant’s minor child in one of the properties he managed.
The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the department’s initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. Since launching the initiative in October 2017, the department has filed 30 lawsuits alleging sexual harassment in housing and recovered over $10 million for victims of such harassment.
This matter was handled by Assistant U.S. Attorneys William M. Brown, Jr. and Stewart Dearing of the District of Connecticut in coordination with Justice Department’s Civil Rights Division.
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals may report sexual harassment or other forms of housing discrimination by submitting a report online or by contacting the U.S. Attorney’s Office for the District of Connecticut at: (203) 821-3700.
Individuals may also report such discrimination by contacting HUD at 1-800-669-9777 or by filing a complaint online.
Justice Department Issues Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and AdultsRead the Press Release
The Justice Department today issued a Dear Colleague Letter for state and local courts and juvenile justice agencies regarding the imposition and enforcement of fines and fees for adults and youth. The letter addresses common court-imposed fines and fees practices, and cautions against those practices that may be unlawful, unfairly penalize individuals who are unable to pay or otherwise have a discriminatory effect. The department provides this letter as part of its ongoing commitment to fairness, economic justice and combating the policies that disproportionately contribute to justice system involvement for low-income communities.
The letter highlights a number of key issues regarding fines and fees, such as the importance of conducting a meaningful ability-to-pay assessment before imposing adverse consequences for failure to pay, considering alternatives to fines and fees, guarding against excessive penalties and ensuring due process protections, including the assistance of counsel when appropriate.
The letter reminds court systems and other federal financial assistance recipients of their ongoing obligations not to discriminate on the basis of race, color, national origin, religion, sex and disability; to provide meaningful access to individuals with limited English proficiency; and to ensure that appropriate recordkeeping can help identify and avoid potential violations of federal nondiscrimination laws. The department will also follow up on this letter by building a best practices guide, highlighting innovative work by states and court leaders in this area.
“Justice in the United States should not depend on one’s income or background,” said Associate Attorney General Vanita Gupta. “The Justice Department’s updated guidance addresses practices that disproportionately affect low-income communities and people of color, can trap individuals and their families in patterns of poverty and punishment and may violate the civil rights of adults and youth alike. Many jurisdictions have innovated to reduce reliance on fines and fees, and the Justice Department is building on that momentum to advance equal justice and public safety for all.”
“The unfettered imposition of fines and fees across the country has entrapped poor people, too many of whom are people of color, in a cycle of escalating debt, unnecessary incarceration and debilitating entanglement in our justice system,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “By confronting the harms that can result from aggressive imposition of fines and fees, we can bring an end to debtors’ prisons and promote equal justice under law for all. The Justice Department stands ready to help courts and juvenile justice agencies put in place reforms and practices that address public safety needs while protecting civil and constitutional rights.”
“Obligations to satisfy fines and fees have a devastating effect on adults and youth who are experiencing poverty and other economic adversities, trapping many in an unending cycle of poverty and debt,” said Director Rachel Rossi of the Office for Access to Justice. “These obligations can also interfere with full and fair access to our justice system. For these reasons, we must remain vigilant to prevent harmful practices that do not serve the interests of justice. This letter is an important step in that ongoing process.”
“Fees and fines practices in the criminal and juvenile justice systems impose the heaviest burden on those who are least able to pay, drawing them deeper into the justice system,” said Principal Deputy Assistant Attorney General Amy L. Solomon of the Office of Justice Programs. “We will be working with jurisdictions across the country to end or limit these unfair practices, so that adults and youth in the justice system have the opportunity they need to move forward in their lives.”
In the coming weeks, the Bureau of Justice Assistance will also release a solicitation seeking a training and technical assistance provider to work with a select number of jurisdictions interested in understanding and reforming their fines and fees policies and practices. The ultimate goal is to help these jurisdictions reduce the use of unjust fines and fees and redirect the resources used in these systems into activities with a greater return on public safety.
The letter is grounded in constitutional principles, including the Sixth, Eighth and Fourteenth Amendments, as well as federal nondiscrimination statutes, including Title VI of the Civil Rights Act of 1964 (Title VI) and the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act). A copy of today’s letter can be found here. Additional information about the Civil Rights Division’s work to uphold and protect civil and constitutional rights is available online at www.justice.gov/crt. Complaints about discriminatory practices may be reported to the Civil Rights Division through its internet reporting portal at civilrights.justice.gov.
Justice Department Announces Nationwide Coordinated Law Enforcement Action to Combat COVID-19 Health Care FraudRead the Press Release
The Department of Justice today announced criminal charges against 18 defendants in nine federal districts across the United States for their alleged participation in various fraud schemes involving health care services that exploited the COVID-19 pandemic and allegedly resulted in over $490 million in COVID-19 related false billings to federal programs and theft from federally funded pandemic programs.
In connection with the enforcement action, the department seized over $16 million in cash and other fraud proceeds. The Center for Program Integrity of the Centers for Medicare & Medicaid Services (CPI/CMS) separately announced today that it took adverse administrative actions in the last year against 28 medical providers for their alleged involvement in COVID-19 schemes.
“The Justice Department will not tolerate those who exploited the pandemic for personal gain and stole taxpayer dollars,” said Attorney General Merrick B. Garland. “This unprecedented enforcement action against defendants across the country makes clear that the Department is using every available resource to combat and prevent COVID-19 related fraud and safeguard the integrity of taxpayer-funded programs.”
“Today’s announcement marks the largest-ever coordinated law enforcement action in the United States targeting health care fraud schemes that exploit the COVID-19 pandemic,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “The Criminal Division’s Health Care Fraud Unit and our partners are committed to rooting out pandemic-related fraud and holding accountable anyone seeking to profit from a public health emergency.”
Today’s announcement builds on the successes of the April 2022 COVID-19 Enforcement Action and the May 2021 COVID-19 Enforcement Action and involves the prosecution of various COVID-19 health care fraud schemes.
“The charges announced today demonstrate the FBI’s, along with its partner’s, commitment to ensuring that COVID-19 health care fraud does not go unpunished,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “During the Covid pandemic, programs were put in place to help the American people, and we will continue to ensure that the individuals that took advantage of those programs face justice.”
In one of the most significant types of COVID-19 health care fraud schemes announced today, multiple defendants were charged with defrauding the Health Resources and Services Administration (HRSA) COVID-19 Uninsured Program. The Uninsured Program was designed to prevent the further spread of the pandemic by providing access to uninsured patients for testing and treatment. The Uninsured Program was also designed to provide financial support to health care providers fighting the COVID-19 pandemic by reimbursing them for services provided to uninsured individuals. The Uninsured Program ultimately ceased operating due to the exhaustion of funding.
“Exploiting the COVID-19 pandemic and viewing the public health emergency as an opportunity to steal money and resources from federal health care programs shows a clear disregard for the well-being and safety of those who rely on government-funded health care services,” said Inspector General Christi A. Grimm of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “As today’s enforcement action demonstrates, HHS-OIG and our partners remain steadfast in our commitment to protecting critical public health measures from fraud.”
In the Central District of California, a lab owner was charged for allegedly submitting over $358 million in false and fraudulent claims to Medicare, HRSA, and a private insurance company for laboratory testing. The indictment alleges that the defendant’s lab performed COVID-19 screening testing for nursing homes and other facilities with vulnerable elderly populations, as well as primary and secondary schools. But to increase its reimbursements, the defendant allegedly fraudulently added claims for respiratory pathogen panel tests even though ordering providers and facility administrators did not want or need them. Also in the Central District of California, a medical doctor was charged for allegedly orchestrating an approximately $230 million fraud on the Uninsured Program. The doctor was the second highest biller in the country to the Uninsured Program, and he allegedly submitted fraudulent claims for treatment of patients who were insured, billed for services that were not rendered, and billed for services that were not medically necessary. He allegedly used over $100 million in fraud proceeds for high-risk options trading. The doctor is also charged with two other individuals for allegedly submitting over 70 fraudulent loan applications through the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) Program and fraudulently obtaining over $3 million in loan funds.
“I am proud of the successful partnership of the CMS, the Department of Justice, and the U.S. Department of Health and Human Services Office of Inspector General to combat fraud, waste, and abuse in federal programs,” said CMS Administrator Chiquita Brooks-LaSure. “It is particularly offensive to discover individuals who took advantage of the pandemic to defraud the government. CMS will continue to aggressively investigate COVID-19-related fraud and has already taken actions against 28 providers to protect the sustainability of the Medicare program.”
The announcement also includes first-of-their-kind charges against suppliers of COVID-19 over-the-counter tests, which Medicare began to cover in April 2022 for beneficiaries who requested them. These kits were provided to the public to slow the spread of the deadly disease, but wrongdoers allegedly sought to exploit the program by repeatedly supplying patients or, in some instances, deceased patients, with dozens of COVID-19 tests that they did not want or need. In the Middle District of Florida, a doctor and a marketer were charged for allegedly unlawfully purchasing Medicare beneficiary identification numbers and shipping over-the-counter tests to beneficiaries throughout the country who did not request the tests, causing over $8.4 million in fraudulent claims to Medicare.
Charges were also brought under the Health Care Fraud Unit’s Provider Relief Fund (PRF) Initiative. The PRF is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a federal law enacted in March 2020 that provided financial assistance to medical providers to deliver needed medical care to Americans suffering from COVID-19. In the Eastern District of Louisiana, the operator of a primary care clinic and purported spa was charged with allegedly submitting fraudulent loan agreements, attestations, and other documentation from which she received over $1.1 million in PRF and EIDL funds that were used to purchase real estate, luxury vehicles, a boat, a trailer, a time share, and luxury vacations, among other expenditures. In total, 12 defendants have been charged with crimes related to misappropriating funds intended for frontline medical providers, and seven have pleaded guilty.
The law enforcement action also includes charges against manufacturers and distributors of fake COVID-19 vaccination record cards, who intentionally sought to obstruct the Department of Health and Human Services (HHS) and Centers for Disease Control and Prevention (CDC) in their efforts to administer the nationwide vaccination program and provide Americans with accurate proof of vaccination. In the Eastern District of New York, three medical professionals who worked at a small midwife practice were charged for allegedly distributing nearly 2,700 forged COVID-19 vaccination record cards to individuals who were not vaccinated. Instead of administering the COVID-19 vaccine, the defendants allegedly destroyed vials of COVID-19 vaccines that were intended to be used to inoculate patients. Despite being a small midwife practice, it was one of the busiest vaccination sites in New York State, outpacing large, state-run vaccination sites. In the District of Utah, two individuals were charged for allegedly manufacturing and selling online approximately 120,000 counterfeit COVID-19 vaccination record cards across the country, especially in areas that were subject to more stringent COVID-19 vaccine restrictions.
Today’s enforcement action was led and coordinated by Assistant Chiefs Justin M. Woodard and Debra Jaroslawicz and Trial Attorney D. Keith Clouser of the Criminal Division’s Fraud Section. The Health Care Fraud Unit’s Strike Forces in Brooklyn, the Gulf Coast, Los Angeles, and Tampa; the National Rapid Response Strike Force; and the U.S. Attorneys’ Offices for the Central District of California, Middle District of Florida, Eastern District of Louisiana, Middle District of Louisiana, Western District of Louisiana, Eastern District of New York, District of Puerto Rico, District of Utah, and Western District of Washington are prosecuting these cases, with assistance from the Health Care Fraud Unit’s Data Analytics Team. Descriptions of each case involved in today’s enforcement action are available on the department’s website at www.justice.gov/criminal-fraud/health-care-fraud-unit/2023-case-summaries.
In addition to the FBI and HHS-OIG, the Small Business Administration Office of Inspector General, Defense Criminal Investigative Service, Internal Revenue Service Criminal Investigation, Treasury Inspector General for Tax Administration, Homeland Security Investigations, Department of Homeland Security Office of Inspector General; Department of Defense Office of Inspector General, AMTRAK Office of Inspector General, California Department of Health Care Services, and other federal and state law enforcement agencies participated in the law enforcement action.
The Health Care Fraud Strike Force is part of a joint initiative between the Department of Justice and HHS to prevent and deter health care fraud and enforce current anti-fraud laws around the country. In the past three years, the Health Care Fraud Strike Force has rooted out health care fraud related to the COVID-19 pandemic. To date, 53 defendants have been charged in nationwide COVID-19 Health Care Fraud Enforcement Actions for causing over $784 million in loss associated with the pandemic, and 20 defendants have been convicted.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.
The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity. To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.
An indictment, complaint, or information is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Justice Department Announces Nationwide Coordinated Law Enforcement Action to Combat COVID-19 Health Care FraudRead the Press Release
LOS ANGELES – The Department of Justice today announced criminal charges against 18 defendants in nine federal districts across the United States for their alleged participation in various fraud schemes involving health care services that exploited the COVID-19 pandemic and allegedly resulted in over $490 million in COVID-19 related false billings to federal programs and theft from federally funded pandemic programs.
Two of the most significant criminal cases in this sweep were filed by federal prosecutors in the Central District of California.
In connection with the enforcement action, the department seized over $16 million in cash and other fraud proceeds. The Center for Program Integrity of the Centers for Medicare & Medicaid Services (CPI/CMS) separately announced today that it took adverse administrative actions in the last year against 28 medical providers for their alleged involvement in COVID-19 schemes.
“The Justice Department will not tolerate those who exploited the pandemic for personal gain and stole taxpayer dollars,” said Attorney General Merrick B. Garland. “This unprecedented enforcement action against defendants across the country makes clear that the Department is using every available resource to combat and prevent COVID-19 related fraud and safeguard the integrity of taxpayer-funded programs.”
Today’s announcement builds on the successes of the April 2022 COVID-19 Enforcement Action and the May 2021 COVID-19 Enforcement Action and involves the prosecution of various COVID-19 health care fraud schemes.
In one of the most significant types of COVID-19 health care fraud schemes announced today, multiple defendants were charged with defrauding the Health Resources and Services Administration (HRSA) COVID-19 Uninsured Program. The Uninsured Program was designed to prevent the further spread of the pandemic by providing access to uninsured patients for testing and treatment. The Uninsured Program was also designed to provide financial support to health care providers fighting the COVID-19 pandemic by reimbursing them for services provided to uninsured individuals. The Uninsured Program ultimately ceased operating due to the exhaustion of funding.
In the Central District of California, a medical doctor was charged for allegedly orchestrating an approximately $230 million fraud on the Uninsured Program.
Dr. Anthony Hao Dinh, 63, of Newport Coast, was the second highest biller in the country to the Uninsured Program. As a result of the scheme targeting the Uninsured Program, Dr. Dinh and his companies were paid more than $153 million, and he used fraud proceeds for high-risk options trading, losing over $100 million from November 2020 through February 2022, according to court documents.
Dr. Dinh allegedly submitted fraudulent claims for treatment of patients who were insured, billed for services that were not rendered, and billed for services that were not medically necessary, according to a criminal complaint filed on April 10.
After being arrested on April 12 and subsequently released on a $7 million bond, Dr. Dinh is scheduled to be arraigned in United States District Court on May 22. If he were to be convicted of the three charges, Dr. Dinh would face a statutory maximum sentence of 50 years in federal prison.
“Dr. Dinh is alleged to have stolen from a taxpayer-funded program meant to provide COVID-related health care to uninsured patients,” said United States Attorney Martin Estrada. “We will not tolerate stealing from the American people, and our prosecution of this large-scale scheme demonstrates our continued efforts to stop fraud of all sorts.”
Dr. Dinh is also charged with two other individuals for allegedly submitting over 70 fraudulent loan applications under the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) Program and fraudulently obtaining over $3 million in loan funds. The other defendants named in this scheme are Dr. Dinh’s sister – Hang Trinh Dinh, 64, of Lake Forest, who is currently a fugitive being sought by federal authorities – and Matthew Hoang Ho, 65, of Melbourne, Florida, who also was arrested on April 12. Dr. Dinh is charged in the complaint with health care fraud and two counts of wire fraud. Hang Dinh and Matthew Ho are each charged with one count of wire fraud.
The case against Dr. Dinh and his codefendants is being investigated by the U.S. Department of Health and Human Services’ Office of the Inspector General, the FBI, IRS Criminal Investigation, the Department of Homeland Security, Office of Inspector General, the Defense Criminal Investigative Service, the AMTRAK Office of Inspector General, and the California Department of Health Care Services.
Assistant United States Attorney Roger A. Hsieh of the Major Frauds Section, and Justice Department Trial Attorneys Justin M. Woodard and Helen H. Lee of the Fraud Section are prosecuting this case.
In another case filed the Central District of California – this one by attorneys with the Justice Department’s Health Care Fraud Strike Force – a lab owner was charged for allegedly submitting over $358 million in false and fraudulent claims to Medicare, HRSA, and a private insurance company for laboratory testing. The indictment alleges that the defendant’s lab performed COVID-19 screening testing for nursing homes and other facilities with vulnerable elderly populations, as well as primary and secondary schools. But to increase its reimbursements, the defendant allegedly fraudulently added claims for respiratory pathogen panel tests even though ordering providers and facility administrators did not want or need them.
Lourdes Navarro, 64, of Glendale, was charged in a superseding indictment with conspiracy to commit health care fraud and wire fraud, health care fraud, conspiracy to commit money laundering, and making false statements, in connection with the operation of Matias Clinical Laboratory, Inc. (Matias), also known as Health Care Providers Laboratory, a laboratory she operated, controlled, and managed with her husband Imran Shams. Navarro was previously charged in an indictment returned in April 2022. The superseding indictment adds allegations that Navarro conspired with Shams and carried out a scheme to submit false and fraudulent claims to Medicare, the HRSA’s COVID-19 Uninsured Program, and an insurance company for respiratory pathogen panel (RPP) testing that was not ordered, medically unnecessary, procured through illegal kickbacks and bribes, and ineligible for reimbursement.
During the COVID-19 pandemic, Matias performed COVID-19 screening testing for a variety of clients, including nursing homes, rehabilitation facilities, assisted living facilities, and similar facilities with vulnerable elderly populations, as well as primary and secondary schools. It is alleged that, in order to increase its reimbursements, Matias fraudulently added claims for RPP tests even though medical providers and facility administrators did not order them, and such tests were not needed for the patient population Matias served. It is further alleged that Matias falsely represented to HRSA that patients had been diagnosed with COVID-19 in order to obtain payment on the RPP claims. The superseding indictment alleges additional loss to Medicare, HRSA, and the insurer of approximately $241 million in billed claims, and alleges that these payors reimbursed Matias an additional $39.9 million. The case is being prosecuted by Trial Attorneys Gary Winters and Ray Beckering of the National Rapid Response Strike Force.
Today’s announcement also includes first-of-their-kind charges against suppliers of COVID-19 over-the-counter tests, which Medicare began to cover in April 2022 for beneficiaries who requested them. These kits were provided to the public to slow the spread of the deadly disease, but wrongdoers allegedly sought to exploit the program by repeatedly supplying patients or, in some instances, deceased patients, with dozens of COVID-19 tests that they did not want or need. In the Middle District of Florida, a doctor and a marketer were charged for allegedly unlawfully purchasing Medicare beneficiary identification numbers and shipping over-the-counter tests to beneficiaries throughout the country who did not request the tests, causing over $8.4 million in fraudulent claims to Medicare.
Charges were also brought under the Health Care Fraud Unit’s Provider Relief Fund (PRF) Initiative. The PRF is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a federal law enacted in March 2020 that provided financial assistance to medical providers to deliver needed medical care to Americans suffering from COVID-19. In the Eastern District of Louisiana, the operator of a primary care clinic and purported spa was charged with allegedly submitting fraudulent loan agreements, attestations, and other documentation from which she received over $1.1 million in PRF and EIDL funds that were used to purchase real estate, luxury vehicles, a boat, a trailer, a time share, and luxury vacations, among other expenditures. In total, 12 defendants have been charged with crimes related to misappropriating funds intended for frontline medical providers, and seven have pleaded guilty.
The law enforcement action also includes charges against manufacturers and distributors of fake COVID-19 vaccination record cards, who intentionally sought to obstruct the Department of Health and Human Services (HHS) and Centers for Disease Control and Prevention (CDC) in their efforts to administer the nationwide vaccination program and provide Americans with accurate proof of vaccination. In the Eastern District of New York, three medical professionals who worked at a small midwife practice were charged for allegedly distributing nearly 2,700 forged COVID-19 vaccination record cards to individuals who were not vaccinated. Instead of administering the COVID-19 vaccine, the defendants allegedly destroyed vials of COVID-19 vaccines that were intended to be used to inoculate patients. Despite being a small midwife practice, it was one of the busiest vaccination sites in New York State, outpacing large, state-run vaccination sites. In the District of Utah, two individuals were charged for allegedly manufacturing and selling online approximately 120,000 counterfeit COVID-19 vaccination record cards across the country, especially in areas that were subject to more stringent COVID-19 vaccine restrictions.
Today’s enforcement action was led and coordinated by the Fraud Section in the Justice Department’s Criminal Division. The Health Care Fraud Unit’s Strike Forces in Brooklyn, the Gulf Coast, Los Angeles, and Tampa; the National Rapid Response Strike Force; and the U.S. Attorneys’ Offices for the Central District of California, Middle District of Florida, Eastern District of Louisiana, Middle District of Louisiana, Western District of Louisiana, Eastern District of New York, District of Puerto Rico, District of Utah, and Western District of Washington are prosecuting these cases, with assistance from the Health Care Fraud Unit’s Data Analytics Team. Descriptions of each case involved in today’s enforcement action are available on the department’s website at www.justice.gov/criminal-fraud/health-care-fraud-unit/2023-case-summaries.
In addition to the FBI and HHS-OIG, the Small Business Administration Office of Inspector General, Defense Criminal Investigative Service, Internal Revenue Service Criminal Investigation, Treasury Inspector General for Tax Administration, Homeland Security Investigations, Department of Homeland Security Office of Inspector General; Department of Defense Office of Inspector General, AMTRAK Office of Inspector General, California Department of Health Care Services, and other federal and state law enforcement agencies participated in the law enforcement action.
The Health Care Fraud Strike Force is part of a joint initiative between the Department of Justice and HHS to prevent and deter health care fraud and enforce current anti-fraud laws around the country. In the past three years, the Health Care Fraud Strike Force has rooted out health care fraud related to the COVID-19 pandemic. To date, 53 defendants have been charged in nationwide COVID-19 Health Care Fraud Enforcement Actions for causing over $784 million in loss associated with the pandemic, and 20 defendants have been convicted.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.
The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity. To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.
An indictment, complaint, or information is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Justice Department Announces Nationwide Coordinated Law Enforcement Action to Combat COVID-19 Health Care FraudRead the Press Release
The Department of Justice today announced criminal charges against 18 defendants in nine federal districts across the United States for their alleged participation in various fraud schemes involving health care services that exploited the COVID-19 pandemic and allegedly resulted in over $490 million in COVID-19 related false billings to federal programs and theft from federally funded pandemic programs.
In connection with the enforcement action, the department seized over $16 million in cash and other fraud proceeds. The Center for Program Integrity of the Centers for Medicare & Medicaid Services (CPI/CMS) separately announced today that it took adverse administrative actions in the last year against 28 medical providers for their alleged involvement in COVID-19 schemes.
“The Justice Department will not tolerate those who exploited the pandemic for personal gain and stole taxpayer dollars,” said Attorney General Merrick B. Garland. “This unprecedented enforcement action against defendants across the country makes clear that the Department is using every available resource to combat and prevent COVID-19 related fraud and safeguard the integrity of taxpayer-funded programs.”
“Today’s announcement marks the largest-ever coordinated law enforcement action in the United States targeting health care fraud schemes that exploit the COVID-19 pandemic,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “The Criminal Division’s Health Care Fraud Unit and our partners are committed to rooting out pandemic-related fraud and holding accountable anyone seeking to profit from a public health emergency.”
Today’s announcement builds on the successes of the April 2022 COVID-19 Enforcement Action and the May 2021 COVID-19 Enforcement Action and involves the prosecution of various COVID-19 health care fraud schemes.
“The charges announced today demonstrate the FBI’s, along with its partner’s, commitment to ensuring that COVID-19 health care fraud does not go unpunished,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “During the Covid pandemic, programs were put in place to help the American people, and we will continue to ensure that the individuals that took advantage of those programs face justice.”
In one of the most significant types of COVID-19 health care fraud schemes announced today, multiple defendants were charged with defrauding the Health Resources and Services Administration (HRSA) COVID-19 Uninsured Program. The Uninsured Program was designed to prevent the further spread of the pandemic by providing access to uninsured patients for testing and treatment. The Uninsured Program was also designed to provide financial support to health care providers fighting the COVID-19 pandemic by reimbursing them for services provided to uninsured individuals. The Uninsured Program ultimately ceased operating due to the exhaustion of funding.
“Exploiting the COVID-19 pandemic and viewing the public health emergency as an opportunity to steal money and resources from federal health care programs shows a clear disregard for the well-being and safety of those who rely on government-funded health care services,” said Inspector General Christi A. Grimm of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “As today’s enforcement action demonstrates, HHS-OIG and our partners remain steadfast in our commitment to protecting critical public health measures from fraud.”
In the Central District of California, a lab owner was charged for allegedly submitting over $358 million in false and fraudulent claims to Medicare, HRSA, and a private insurance company for laboratory testing. The indictment alleges that the defendant’s lab performed COVID-19 screening testing for nursing homes and other facilities with vulnerable elderly populations, as well as primary and secondary schools. But to increase its reimbursements, the defendant allegedly fraudulently added claims for respiratory pathogen panel tests even though ordering providers and facility administrators did not want or need them. Also in the Central District of California, a medical doctor was charged for allegedly orchestrating an approximately $230 million fraud on the Uninsured Program. The doctor was the second highest biller in the country to the Uninsured Program, and he allegedly submitted fraudulent claims for treatment of patients who were insured, billed for services that were not rendered, and billed for services that were not medically necessary. He allegedly used over $100 million in fraud proceeds for high-risk options trading. The doctor is also charged with two other individuals for allegedly submitting over 70 fraudulent loan applications through the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) Program and fraudulently obtaining over $3 million in loan funds.
“I am proud of the successful partnership of the CMS, the Department of Justice, and the U.S. Department of Health and Human Services Office of Inspector General to combat fraud, waste, and abuse in federal programs,” said CMS Administrator Chiquita Brooks-LaSure. “It is particularly offensive to discover individuals who took advantage of the pandemic to defraud the government. CMS will continue to aggressively investigate COVID-19-related fraud and has already taken actions against 28 providers to protect the sustainability of the Medicare program.”
The announcement also includes first-of-their-kind charges against suppliers of COVID-19 over-the-counter tests, which Medicare began to cover in April 2022 for beneficiaries who requested them. These kits were provided to the public to slow the spread of the deadly disease, but wrongdoers allegedly sought to exploit the program by repeatedly supplying patients or, in some instances, deceased patients, with dozens of COVID-19 tests that they did not want or need. In the Middle District of Florida, a doctor and a marketer were charged for allegedly unlawfully purchasing Medicare beneficiary identification numbers and shipping over-the-counter tests to beneficiaries throughout the country who did not request the tests, causing over $8.4 million in fraudulent claims to Medicare.
Charges were also brought under the Health Care Fraud Unit’s Provider Relief Fund (PRF) Initiative. The PRF is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a federal law enacted in March 2020 that provided financial assistance to medical providers to deliver needed medical care to Americans suffering from COVID-19. In the Eastern District of Louisiana, the operator of a primary care clinic and purported spa was charged with allegedly submitting fraudulent loan agreements, attestations, and other documentation from which she received over $1.1 million in PRF and EIDL funds that were used to purchase real estate, luxury vehicles, a boat, a trailer, a time share, and luxury vacations, among other expenditures. In total, 12 defendants have been charged with crimes related to misappropriating funds intended for frontline medical providers, and seven have pleaded guilty.
The law enforcement action also includes charges against manufacturers and distributors of fake COVID-19 vaccination record cards, who intentionally sought to obstruct the Department of Health and Human Services (HHS) and Centers for Disease Control and Prevention (CDC) in their efforts to administer the nationwide vaccination program and provide Americans with accurate proof of vaccination. In the Eastern District of New York, three medical professionals who worked at a small midwife practice were charged for allegedly distributing nearly 2,700 forged COVID-19 vaccination record cards to individuals who were not vaccinated. Instead of administering the COVID-19 vaccine, the defendants allegedly destroyed vials of COVID-19 vaccines that were intended to be used to inoculate patients. Despite being a small midwife practice, it was one of the busiest vaccination sites in New York State, outpacing large, state-run vaccination sites. In the District of Utah, two individuals were charged for allegedly manufacturing and selling online approximately 120,000 counterfeit COVID-19 vaccination record cards across the country, especially in areas that were subject to more stringent COVID-19 vaccine restrictions.
Today’s enforcement action was led and coordinated by Assistant Chiefs Justin M. Woodard and Debra Jaroslawicz and Trial Attorney D. Keith Clouser of the Criminal Division’s Fraud Section. The Health Care Fraud Unit’s Strike Forces in Brooklyn, the Gulf Coast, Los Angeles, and Tampa; the National Rapid Response Strike Force; and the U.S. Attorneys’ Offices for the Central District of California, Middle District of Florida, Eastern District of Louisiana, Middle District of Louisiana, Western District of Louisiana, Eastern District of New York, District of Puerto Rico, District of Utah, and Western District of Washington are prosecuting these cases, with assistance from the Health Care Fraud Unit’s Data Analytics Team. Descriptions of each case involved in today’s enforcement action are available on the department’s website at www.justice.gov/criminal-fraud/health-care-fraud-unit/2023-case-summaries.
In addition to the FBI and HHS-OIG, the Small Business Administration Office of Inspector General, Defense Criminal Investigative Service, Internal Revenue Service Criminal Investigation, Treasury Inspector General for Tax Administration, Homeland Security Investigations, Department of Homeland Security Office of Inspector General; Department of Defense Office of Inspector General, AMTRAK Office of Inspector General, California Department of Health Care Services, and other federal and state law enforcement agencies participated in the law enforcement action.
The Health Care Fraud Strike Force is part of a joint initiative between the Department of Justice and HHS to prevent and deter health care fraud and enforce current anti-fraud laws around the country. In the past three years, the Health Care Fraud Strike Force has rooted out health care fraud related to the COVID-19 pandemic. To date, 53 defendants have been charged in nationwide COVID-19 Health Care Fraud Enforcement Actions for causing over $784 million in loss associated with the pandemic, and 20 defendants have been convicted.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.
The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity. To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.
An indictment, complaint, or information is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Justice Department (Kagawaran ng Katurungan) Naglabas sa mga Korte ng Dear Colleague Letter (liham para sa minamahal na kasamahan) Tungkol sa mga Multa at Bayarin ng Kabataan at mga Taong Nasa Hustong GulangRead the Press Release
Naglabas ngayong araw na ito ang Justice Department ng Dear Colleague Letter tungkol sa pagpapataw at pagpapatupad ng mga multa at bayarin ng mga taong nasa hustong gulang at mga kabataan para sa mga state at local na korte at mga ahensya ng katarungang pangkabataan. Tinutukoy ng liham ang mga karaniwang multa at mga gawi sa bayarin na ipinapataw ng korte, at nag-babala laban sa mga gawaing iyon na maaaring labag sa batas, hindi makatarungan na nagpaparusa sa mga indibidwal na walang kakayahang makabayad o kung hindi man ay nagreresulta sa discrimination (pagtanging masama). Ibinibigay ng kagawaran ang liham na ito bilang bahagi ng patuloy na pangako nito sa pagkamatarungan, pang-ekonomiyang katarungan at paglaban sa mga patakarang nag-aambag ng di katimbang na pagkasangkot sa sistema ng katarungan ang mga komunidad na mababa ang kita.
Itinatampok ng liham ang ilang mahahalagang usapin tungkol sa mga multa at bayarin, tulad ng kahalagahan ng pagsasagawa ng makabuluhang pagtatasa ng kakayahang magbayad bago magpataw ng masamang kalalabasan para sa hindi pagbabayad, pagsaalang-alang ng mga alternatibo sa mga multa at bayarin, pag-iingat laban sa labis na mga parusa at pagtiyak ng mga pag-aalaga sa ankop na proseso, kabilang ang tulong ng abugado kung kailan nababagay.
Nagpapaalala ang liham sa mga sistema ng korte at iba pang tumatanggap ng pederal na tulong pinansyal, sa kanilang patuloy na mga tungkulin na huwag mag-discriminate batay sa lahi, kulay, bansang pinagmulan, relihiyon, kasarian at kapansanan; ang magbigay ng makabuluhang pag-aabot sa mga indibidwal na may limitadong kasanayan sa Ingles; at ang matiyak na makakatulong ang angkop na pagtatala sa pagtukoy at pag-iwas sa mga maaaring paglabag sa mga batas na federal ukol sa walang discrimination. Susundan din ng kagawaran ang liham na ito sa pamamagitan ng pagbuo ng isang gabay sa pinakamahuhusay na kagawian, na nagtatampok ng makabagong gawain ng mga mga pinuno ng state at hukuman sa kinaroroonan.
“Hindi dapat nakasalalay sa kita o karanasan ng isang tao ang katarungan sa United States, ” sabi ni Associate Attorney General Vanita Gupta. “Tumutugon ang pinagbagong patnubay ng Justice Department sa mga kagawiang di katimbang na nakakaapekto sa mga komunidad na mababa ang kita at mga taong may kulay, maaaring magbitag ng mga indibidwal at kanilang mga pamilya sa mga kasanayan ng kahirapan at parusa at maaaring lumabag sa mga karapatang civil ng mga taong nasa hustong gulang at mga kabataan. Maraming hurisdiksyon ang nagpabago upang mabawasan ang pag-asa sa mga multa at bayarin, at bumubwelo ang Justice Department upang isulong ang pantay na katarungan at pampublikong kaligtasan para sa lahat. ”
“Ang walang pigil na pagpataw ng mga multa at bayarin sa buong bansa ay nangbibitag na mga maralitang tao, na hindi puti ang pinkamarami, sa isang paulit-ulit na lumalalang utang, di kinakailangang pagkakulong, at nakakapagpahinang kagusutan sa ating sistemang pangkatarungan, ” ani ni Assistant Attorney General Kristen Clarke ng Civil Rights Division ng Justice Department. “Sa pamamagitan ng pagharap sa mga pinsala na maaaring idulot ng agresibong pagpataw ng mga multa at bayarin, maaari nating wakasan ang mga bilangguan ng mga may utang at itaguyod ang pantay na katarungan sa ilalim ng batas para sa lahat. Nakahanda ang Justice Department na tulungan ang mga korte at mga ahensya ng katarungang pangkabataan na magsagawa ng mga pagbubuti at kagawiang tumutukoy sa mga pangangailangan ng kaligtasang pampubliko habang inaalagaan ang mga karapatang civil at constitutional.”
“Mapangwasak ang epekto ng mga obligasyong sapatan ang mga multa at bayarin sa mga taong nasa hustong gulang at mga kabataan na dumaranas ng pamumulubi at iba pang kahirapan sa ekonomiya, at nangbibitag sa karamihan sa walang katapusang paulit-ulit na kahirapan at utang, ” sabi ni Director Rachel Rossi ng Office for Access to Justice. “Maaari ding makagambala ang mga tugkuling ito sa ganap at patas na pag-aabot sa ating sistemang pangkatarungan. Para sa mga kadahilanang ito, dapat tayong manatiling mapagbantay upang maiwasan ang mga mapaminsalang kagawian na hindi nagsisilbi sa hangad ng katarungan. Isang mahalagang hakbang sa patuloy na prosesong iyon ang liham na ito.”
“Ang mga tungkulin na sapatin ang bayarin at multa sa mga sistema ng katarungang pangkriminal at pangkabataan ay nagpapataw ng pinakamabigat na pasanin sa mga hindi gaanong nakakapagbayad, na lalong nagtutulak sa kanila na mas malalim sa sistemang pangkatarungan,” sabi ni Principal Deputy Assistant Attorney General Amy L. Solomon ng Office of Justice Programs. “Makikipagtulungan kami sa mga hurisdiksyon sa buong bansa upang wakasan o takdaan ang mga hindi patas na gawaing ito, upang magkaroon ang mga taong nasa hustong gulang at mga kabataan sa sistemang pangkatarungan ng pagkakataong kinakailangan nila para sumulong sa kanilang buhay. ”
Sa mga darating na linggo, maglalabas din ang Bureau of Justice Assistance ng paghiling na maghahanap ng tagalinkod ng pagsasanay at tulong na technical para makipagtulungan sa piniling bilang na mga hurisdiksyon na interesadong unawain at baguhin ang kanilang mga patakaran at kagawian sa mga multa at bayarin. Ang pinakalayunin ay tulungan ang mga hurisdiksyon na ito na bawasan ang paggamit ng mga hindi makatarungang multa at bayarin at isadya ang mga mapagkukunang gamit ng mga sistemang ito para sa mga aktibidad na magdudulot ng mas malaking pakinabang sa kaligtasang pampubliko.
Batay ang liham sa mga alituntunin ng constitution, kabilang ang Sixth, Eighth at Fourteenth Amendment (Pang-anim, Pang-walo, at Pang labing-apat na Susog), gayundin ang mga federal nondiscrimination statute (kautusan ng di pagtanging masama), kabilang ang Title VI ng Civil Rights Act of 1964 (Title VI) (batas ng karapatang civil) at ang Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) (batas ng ligtas na mga kalye). Matatagpuan ang isang kopya ng liham dito. Makukuha ang karagdagang impormasyon tungkol sa gawain ng Civil Rights Division upang itaguyod at pangalagaan ang mga karapatang civil at constitutional online sa www.justice.gov/crt. Ang mga reklamo tungkol sa mga gawaing may discrimination ay maaaring iulat sa Civil Rights Division sa pamamagitan ng internet reporting portal (lagusan sa online na pag-ulat) nito sa civilrights.justice.gov.
Johnstown Man Pleads Guilty to Unlawfully Possessing a Firearm and AmmunitionRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa., pleaded guilty in federal court to a charge of violating federal firearms laws, Acting United States Attorney Troy Rivetti announced today.
Rogelin M. Lopez, age 35, of Johnstown, PA pleaded guilty to Count One of the Information before Senior United States District Judge Kim R. Gibson.
In connection with the guilty plea, on or about July 30, 2021, Lopez, knowing he had previously been convicted of a crime punishable by imprisonment for a term exceeding one year, namely, unlawful possession of a firearm and ammunition by a convicted felon. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm or ammunition.
Judge Gibson scheduled sentencing for August 29, 2023. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Arnold P. Bernard, Jr. is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Lopez.
International Firearms Dealer Involved in $2 Million COVID-19 Fraud Scheme Sentenced to More Than 7 Years in Federal PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Daniel Ira Johnson (35, Orlando), a/k/a “Shotta” a/k/a “Lajon Black,” to seven years and six months in federal prison for shipping firearms to the United Kingdom and committing wire fraud and aggravated identity theft in connection with fraudulently obtaining COVID-19 unemployment insurance relief. Johnson had pleaded on December 27, 2022.
According to court documents, Johnson shipped firearms to a conspirator in Rugby England in December 2019 and January 2020. He concealed the firearms in a safe, wrapping them to avoid detection, and declaring them to be “car parts” on customs paperwork. After the global COVID-19 pandemic and in March 2020, following the government response of extending and expanding unemployment insurance benefits, Johnson and conspirators used personal identification information from real individuals, without their knowledge, to apply for and obtain unemployment insurance benefits. Those benefits were loaded onto debit cards that were delivered to addresses Johnson and others accessed and the fraud proceeds were quickly withdrawn from those cards or used to purchase U.S. postal money orders. Johnson participated by exchanging PII with conspirators, withdrawing funds from ATMs, purchasing U.S. postal money orders, and instructing other conspirators as to how to use PII to file claims for unemployment insurance benefits. Johnson and his conspirators are linked to $1.9 million in attempted fraudulent unemployment insurance claims in this scheme, over $555,000 of which were paid.
“Daniel Johnson defrauded 19 different state workforce agencies by fraudulently collecting more than $500,000 in Pandemic Unemployment Assistance. Johnson stole unemployment benefits intended for American workers in need of assistance due to the COVID-19 pandemic. We will continue to work with our law enforcement partners to protect the integrity of all unemployment insurance benefit programs,” said Mathew Broadhurst, Special Agent-in-Charge, Southeast Region, U.S. Department of Labor Office of Inspector General.
Special Agent in Charge Jonathan Carson of the U.S. Department of Commerce, Bureau of Industry and Security, Miami Field Office stated, “The illegal smuggling of firearms from United States is a serious violation of our nation’s export control laws. Along with our agency partners, we will pursue these violators wherever they are located- worldwide.”
“Daniel Johnson’s lawless pursuits have finally come to a halt, thanks to the collaborative efforts between the U.S. Postal Inspection Service and our federal partners,” said Juan A. Vargas, Inspector in Charge of the Miami Division, U.S. Postal Inspection Service. “Today’s sentencing should be a reminder to criminals that we will aggressively pursue those that aim to defraud innocent individuals.”
“Disrupting the international flow of illegal guns inevitably saves lives and reduces crime both domestically and abroad. Stopping this scheme to illegally export weapons to the UK did just that,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Cases like this highlight the great results that can be achieved when agencies work together to protect our communities both here and abroad.”
This case was investigated by the U.S. Postal Inspection Service, the U.S. Department of Commerce Bureau of Industry and Security, Homeland Security Investigations (HSI), and the U.S. Department of Labor OIG, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and the National Crime Agency of the United Kingdom. It is being prosecuted by Assistant United States Attorney Dana E. Hill.
Indiana Woman Charged with Federal Hate Crime for Racially Motivated Attack Against a Woman of Chinese DescentRead the Press Release
A federal grand jury in Evansville, Indiana, returned a single-count indictment charging a woman with committing a hate crime for her racially motivated attack on a woman of Chinese descent.
The indictment returned by a federal grand jury alleges that on Jan. 11, Billie Davis, 56, willfully caused bodily injury to the victim and attempted to do so using a knife, because of the victim’s race and national origin. The indictment also alleges that the offense included an attempt to kill the victim.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Zachary A. Myers for the Southern District of Indiana and Special Agent in Charge Herbert J. Stapleton of the FBI Indianapolis Field Office made the announcement.
The FBI Indianapolis Field Office and Bloomington Resident Agency investigated the case, with assistance from the Bloomington Police Department.
Assistant U.S. Attorney Peter A. Blackett for the Southern District of Indiana and Trial Attorney Anita Channapati of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
Indiana Woman Charged with Federal Hate Crime for Racially Motivated Attack Against a Woman of Chinese DescentRead the Press Release
Indianapolis- A federal grand jury in Evansville, Indiana, returned a single-count indictment charging Billie Davis, 56, with committing a hate crime for her racially motivated attack on a woman of Chinese descent.
The indictment returned by a federal grand jury alleges that on Jan. 11, Davis willfully caused bodily injury to the victim and attempted to do so through the use of a knife, because of the victim’s race and national origin. The indictment also alleges that the offense included an attempt to kill the victim.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney for the Southern District of Indiana, Zachary A. Myers made the announcement.
The FBI Indianapolis Field Office and Bloomington Resident Agency investigated the case, with assistance from the Bloomington Police Department.
Assistant U.S. Attorney Peter A. Blackett for the Southern District of Indiana and Trial Attorney Anita Channapati of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
Gulfport Man Pleads Guilty to Production of Child PornographyRead the Press Release
Gulfport, Miss. -- A Gulfport man pled guilty to producing visual depictions of a minor engaging in sexually explicit conduct, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
According to court documents, Derrick Patrick Flanagan, 38, was identified in February of 2022 in an investigation brought to the Mississippi Attorney General’s Office Cyber Crime Division and the Federal Bureau of Investigation by the Hancock County Sheriff’s Office. The Sheriff’s Office had received two CyberTip Reports from the National Center for Missing and Exploited Children. One of the reports used the name “John Adams” with a gmail.com email address and the other account was under the name of “Derrick Flanagan” and used another gmail.com email address. These CyberTips were ultimately found to be related to Hancock County Deputy Derrick Flanagan, who was assigned to work at the Diamondhead Police Department and resided in Gulfport.
Forensic examinations of a laptop and cellular telephones recovered during the investigation found multiple visual depictions of child sexual abuse material. In addition, the investigation recovered over 40,000 lines of chats sent via a SnapChat App that corresponded to multiple visual depictions.
Flanagan is scheduled to be sentenced on August 15, 2023 and faces a maximum penalty of 30 years in prison, unless he is determined to have a qualifying prior conviction under federal sexual exploitation statues, military law, or any state law, to include but not limited to, aggravated sexual abuse, sexual abuse, and abusive sexual conduct involving a minor, where he would then face a penalty of not less than 25 years nor more than 50 years in prison, and a fine of not more than $250,000. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The case was investigated by the Federal Bureau of Investigation, the Mississippi Attorney General’s Office Cyber Crime Division, and the Hancock County Sheriff’s Office. Assistant U.S. Attorney Andrea Jones is prosecuting 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.
Fugitive High-Ranking MS-13 Leader Arrested on Terrorism and Racketeering ChargesRead the Press Release
Earlier today, in federal court in Houston, Jose Wilfredo Ayala-Alcantara, also known as “Indio de Hollywood,” a high-ranking leader of La Mara Salvatrucha, also known as “MS-13,” was transferred to the Eastern District of New York where he, together with 12 other high-ranking MS-13 leaders, are charged with directing the transnational criminal organization’s criminal activities in the United States, El Salvador, Mexico, and elsewhere over the past two decades. Ayala-Alcantara was arrested by the Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), and the United States Marshals Service (USMS) on April 18, 2023 when he arrived at George Bush Intercontinental Airport in Houston, Texas. The day before, Ayala-Alcantara had been located by Mexican authorities, who determined that he was an El Salvadoran citizen with no valid status in Mexico. He was expelled from Mexico to El Salvador but arrested while transiting through the United States. Specifically, Ayala-Alcantara is charged with racketeering conspiracy, conspiracy to provide or conceal material support to terrorists, and narco-terrorism conspiracy.
Breon Peace, United States Attorney for the Eastern District of New York (EDNY); Donald Alway, Assistant Director-in-Charge of the Federal Bureau of Investigation (FBI)’s Los Angeles Field Office; Ivan J. Arvelo, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI); and John J. Durham, Director of Joint Task Force Vulcan (JTFV), announced Ayala-Alcantara’s arrest and initial appearance.
“Jose Wilfredo Ayala-Alcantara’s abominable MS-13 career has come full circle — having joined the transnational gang when he lived in the United States, he was deported to El Salvador where he ascended to a leadership position, he is returning to face justice in the Eastern District of New York where MS-13 has wrought so much violence in our communities,” stated United States Attorney Peace.
“As most Angelenos know too well, MS-13 is a criminal enterprise that has wreaked havoc on communities in the United States and beyond for decades,” stated FBI Assistant Director-in-Charge Alway. “The FBI is dedicated to dismantling this scourge on society and will work with our local and international partners to do so, regardless of where they hide. There is no safe haven for criminals who do the bidding of transnational gangs.”
“As alleged, Jose Wilfredo Ayala-Alcantara has led a life of violence and crime, which propelled him to a leadership position within the Mara Salvatrucha or MS-13 street gang,” stated HSI Special Agent-in-Charge Arvelo. “Ayala-Alcantara is accused of leading MS-13, directing the gang’s vicious appetite for power through carnage and bloodshed. HSI New York will exhaust every resource at our disposal to ensure criminals like Ayala-Alcantara are located and brought to justice. I commend the unified efforts of Homeland Security Investigations New York, Las Vegas, Los Angeles, Houston, and Mexico City, as well as the Federal Bureau of Investigation Los Angeles Field Division for locating and apprehending Ayala-Alcantara.”
“For over two decades, Ayala-Alcantara has been a zealous member and leader of MS-13, who directed violence and criminal activity across the United States, El Salvador, Mexico, and beyond,” said JTFV Director Durham. “This arrest marks an important step towards holding Ayala-Alcantara accountable for decades of terrorist and criminal acts that he and his MS-13 co-conspirators have carried out internationally.”
Ayala-Alcantara’s indictment was unsealed on February 23, 2023, following the arrests of three of his co-defendants, Vladimir Antonio Arevalo-Chavez, also known as “Vampiro de Monserrat Criminales,” Walter Yovani Hernandez-Rivera, also known as “Baxter de Park View” and “Bastard de Park View,” and Marlon Antonio Menjivar-Portillo, also known as “Rojo de Park View,” but he remained a fugitive until earlier this week. As set forth in court filings, Ayala-Alcantara and his co-defendants are part of MS-13’s command and control structure, consisting of the Ranfla Nacional, Ranfla en Las Calles, and Ranfla en Los Penales, and play significant leadership roles in the organization’s operations in El Salvador, Mexico, the United States, and throughout the world. In total, 27 of the highest-ranking leaders of MS-13 have been charged in this indictment and the related case of United States v. Henriquez, et al. A grand jury in the Eastern District of New York previously indicted 14 members of the Ranfla Nacional, who functioned as MS-13’s “Board of Directors.”
As further alleged, Ayala-Alcantara, who was one of the founding members of the Hollywood clique of the MS-13 in Los Angeles, California, and later rose to become one of the criminal organization’s highest-ranking leaders, and his co-defendants have engaged in numerous violent terrorist activities aimed at influencing the government of El Salvador (GOES). The defendants have used terrorist violence to obtain benefits and concessions from the GOES and to target GOES law enforcement and military officials. The defendants have actively engaged in public displays of violence to threaten and intimidate civilian populations, to obtain and control territory and to manipulate the electoral process in El Salvador. Several of these defendants have played prominent roles in MS-13’s past and current negotiations with the GOES.
Further, these defendants are alleged to have authorized and directed violence in the United States, Mexico, and elsewhere as part of a concerted effort to expand MS-13’s influence and territorial control. As the leaders of the MS-13 transnational criminal organization, these defendants were an integral part of the leadership chain responsible for supervising MS-13 cliques in the United States that engaged in extreme violence, including numerous murders, attempted murders, assaults, and related offenses. For example, this Office’s Long Island Criminal Division has prosecuted hundreds of MS-13 leaders, members, and associates for carrying out more than 65 murders in the Eastern District of New York between 2009 and the present.
Three co-defendants, Jorge Alexander De La Cruz, also known as “Cruger de Peatonales,” Juan Antonio Martinez-Abrego, also known as “Mary Jane de Hollywood,” and Francisco Javier Roman-Bardales, also known as “Veterano de Tribus,” remain at large. Members of the public with information concerning their whereabouts are strongly encouraged to contact the FBI’s toll-free MS-13 tip line, 1-866-STP-MS13 (1-866-787-6713), or HSI’s tip line at (866) 347-2423 or https://www.ice.gov/webform/ice-tip-form. Together, FBI and HSI have offered a $20,000 reward for information leading to the arrest and conviction of the fugitives. Six other co-defendants, Edwin Ernesto Cedillos-Rodriguez, also known as “Renuente de Abriles Dangers,” Carlos Tiberio Ramirez-Valladares, also known as “Snayder de Pasadena,” Dany Fredy Ramos-Mejia, also known as “Cisco de Teclas,” Dany Balmore Romero-Garcia, also known as “Big Boy de Normandies,” “Dig Boy de Normandies,” and “D Boy de Normandies,” Ruben Antonio Rosa-Lovo, also known as “Chivo de Centrales,” and Miguel Angel Serrano-Medina, also known as “Cabro de Park View,” are believed to be in custody in El Salvador.
Since its creation in August 2019, JTFV has successfully implemented a whole-of-government approach to combatting MS-13, including increasing coordination and collaboration with foreign law enforcement partners, including El Salvador, Mexico, Honduras, and Guatemala. JTFV has also identified and targeted for prosecution the MS-13 programs, cliques and individuals that have had the most violent impact in the United States, and it has coordinated significant MS-13 indictments in U.S. Attorney’s Offices across the country, including the first use of national security charges against MS-13 leaders.
JTFV has been comprised of members from U.S. Attorney’s Offices across the country, including the EDNY; the District of New Jersey; the Northern District of Ohio; the District of Utah; the District of Massachusetts; the Eastern District of Texas; the Southern District of New York; the Eastern District of Virginia; the Southern District of Florida; the Southern District of California; the District of Nevada; the District of Alaska; and the District of Columbia, as well as the Department of Justice’s National Security Division and the Criminal Division. In addition, all Department of Justice law enforcement agencies are involved in the effort, including the FBI; the U.S. Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the USMS; and the U.S. Bureau of Prisons. In addition, HSI also plays a critical role in JTFV.
Mr. Peace expressed his thanks to the FBI’s Los Angeles, Sacramento, Salt Lake City, Houston, and Newark Field Offices, who spearheaded this investigation, with essential partnership provided by the Criminal Investigative Division’s Safe Streets Gang Unit, along with HSI’s National Gangs and Violent Crime Unit and HSI’s New York, Las Vegas, Los Angeles, and Houston Field Offices. Additionally, FBI Legal Attachés in Mexico City and San Salvador, HSI Attaché Mexico City, USMS Legal Attaché in Mexico City, and the United States Customs and Border Protection Officers at the George Bush Intercontinental Airport in Houston provided critical support in connection with the arrest, as well as the U.S. Attorney's Office and the USMS for the Southern District of Texas for coordinating the initial appearance in Houston.
Mr. Peace also thanked the numerous Department of Justice components that contributed to this indictment, including: the National Security Division’s Counterterrorism Section; the Organized Crime Drug Enforcement Task Forces Executive Office; the Justice Department’s Office of International Affairs; and the Criminal Division’s Office of Overseas Prosecutorial Development, Assistance and Training, and Organized Crime and Gangs Section. In addition, the Department of State, Bureau of International Narcotics and Law Enforcement Affairs, and the United States Agency for International Development, Office of Inspector General, have provided critical support for JTFV’s mission.
These charges are allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. If convicted, Ayala-Alcantara faces a maximum sentence of life in prison.
The government’s case is being prosecuted by Assistant U.S. Attorneys James Donnelly, Matthew Shepherd, and Stewart M. Young from JTFV, with assistance from Assistant U.S. Attorneys Paul G. Scotti, Justina L. Geraci, and Megan E. Farrell from the Office’s Long Island Criminal Division.
Newly Arrested Defendant in U.S. Custody:
JOSE WILFREDO AYALA-ALCANTARA (also known as “Indio de Hollywood”)
Age: 55Defendants Previously Arrested and in U.S. Custody:
VLADIMIR ANTONIO AREVALO-CHAVEZ (also known as “Vampiro de Monserrat Criminales”)
Age: 47WALTER YOVANI HERNANDEZ-RIVERA (also known as “Baxter de Park View” and “Bastard de Park View”)
Age: 29MARLON ANTONIO MENJIVAR-PORTILLO (also known as “Rojo de Park View”)
Age: 47Fugitive Defendants:
JORGE ALEXANDER DE LA CRUZ (also known as “Cruger de Peatonales”)
Age: 45JUAN ANTONIO MARTINEZ-ABREGO (also known as “Mary Jane de Hollywood”)
Age: 42FRANCISCO JAVIER ROMAN-BARDALES (also known as “Veterano de Tribus”)
Age: 45Defendants Believed to be in El Salvador Custody:
EDWIN ERNESTO CEDILLOS-RODRIGUEZ (also known as “Renuente de Abriles Dangers”)
Age: 35CARLOS TIBERIO RAMIREZ-VALLADARES (also known as “Snayder de Pasadena”)
DANY FREDY RAMOS-MEJIA (also known as “Cisco de Teclas”)
Age: 44DANY BALMORE ROMERO-GARCIA (also known as “Big Boy de Normandies,” “Dig Boy de Normandies,” and “D Boy de Normandies”)
Age: 48RUBEN ANTONIO ROSA-LOVO (also known as “Chivo de Centrales”)
Age: 52MIGUEL ANGEL SERRANO-MEDINA (also known as “Cabro de Park View”)
Age: 47E.D.N.Y. Docket No.: 22-CR-429 (JMA)
Franklin County Man Indicted for Federal Child Exploitation ViolationsRead the Press Release
TYLER, Texas - A Mount Vernon man has been indicted on federal child exploitation charges in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Zachary Arzola, also known as Zachary Castenada, 26, was named in an indictment returned by a federal grand jury on April 19, 2023 charging him with coercion and enticement of a minor; traveling with intent to engage in illicit sexual conduct; and transportation of a minor with intent to engage in criminal sexual activity.
According to the indictment, from December 2022 until January 9, 2023, Arzola allegedly used the internet and social media and messaging applications to coerce a minor to engage in illegal sexual conduct. In December 2022, Arzola is alleged to have traveled from Texas to Ohio for the purpose of engaging in illicit sexual conduct with a minor and in January 2023, transported a minor across state lines to engage in criminal sexual activity.
If convicted, Arzola faces up to life in federal prison.
This case is 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 U.S. Attorneys’ Offices and the 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.justice.gov/psc.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is being investigated by the Texas Department of Public Safety – CID, Mount Vernon Police Department and the Clermont County Sheriff’s Office. This case is being prosecuted by Assistant U.S. Attorney Jonathan R. Hornok.
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Four Defendants Convicted of Trafficking Fentanyl, Methamphetamine and Cocaine Receive Sentences Totaling over 43 Years in Federal PrisonRead the Press Release
LAKE CHARLES/LAFAYETTE, La. - United States Attorney Brandon B. Brown announced that four defendants received lengthy sentences today for their participation in the trafficking of narcotics in the Lake Charles and Lafayette areas. United States District Judge James D. Cain, Jr. sentenced two of the defendants in Lake Charles as follows:
Christopher Wayne Jones, II, 29, of Lake Charles, Louisiana, was sentenced to 175 months (14 years, 7 months) in prison, followed by 4 years of supervised release for possessing with the intent to distribute fentanyl. On November 4, 2020, while patrolling an area near 18th Street in Lake Charles, Louisiana, an officer with the Lake Charles Police Department observed a vehicle traveling at a high rate of speed. The officer activated his emergency lights and attempted to conduct a traffic stop. The driver of the vehicle, later determined to be Jones, fled at a high rate of speed. After a short chase, Jones lost control of the vehicle, left the roadway, and struck a utility pole. Jones exited the vehicle holding a red backpack and fled the scene on foot. Officers gave chase and Jones was apprehended shortly thereafter and placed under arrest. After a brief search, officers found the red backpack that Jones had been carrying in a nearby backyard. Inside the backpack officers found approximately 554 pills which weighed approximately 282 grams. Lab reports revealed that the pills contained a mixture of acetaminophen and fentanyl. In addition to the narcotics found in Jones’ backpack, officers also found a loaded Taurus 9mm pistol in the front seat of his vehicle. Jones pleaded guilty to the charge on December 12, 2022. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and Lake Charles Police Department and prosecuted by Assistant U.S. Attorney Daniel J. Vermaelen.
Michael Javel Toefield, 52, of Baytown, Texas, was sentenced to 130 months (10 years, 10 months) in prison, followed by 4 years of supervised release, for possession with intent to distribute methamphetamine. On May 13, 2019, officers with the Calcasieu Parish Combined Anti-Drug Task Force, Criminal Patrol Unit, conducted a traffic stop on May 13, 2019, of a vehicle which was driven by Toefield. A K-9 officer positively alerted to the presence of narcotics in the vehicle and officers began a search. During the search of the vehicle, officers discovered a white bag containing a cardboard Ultra beer box and inside were two clear plastic tubs containing over 500 grams of methamphetamine. Toefield admitted to knowing the drugs were hidden inside the box and pleaded guilty to the charge on November 12, 2022. The case was investigated by the Department of Homeland Security Investigations and Calcasieu Parish Combined Anti-Drug Task Force and was prosecuted by Assistant U.S. Attorney Daniel J. Vermaelen.
United States District Judge Robert R. Summerhays sentenced the following two defendants in Lafayette today:
Shane Christopher Malveaux, 51, of Eunice, Louisiana, was sentenced to 100 months (8 years, 4 months) in prison, followed by 3 years of supervised release, for conspiring with others to distribute and possess with the intent to distribute cocaine and cocaine base. Malveaux pleaded guilty to the charge on November 29, 2022. According to information introduced in court, Malveaux was involved in a drug trafficking conspiracy with others from August 2019 until January 2021. Agents with the U.S. Drug Enforcement Administration (DEA) began an investigation into their organization and conducted controlled purchases from Malveaux’s co-conspirators. In addition, agents intercepted electronic communications between Malveaux and his co-conspirator, Shawn White, in which he purchased both powder cocaine and cocaine base from White on multiple occasions. Agents conducted physical and electronic surveillance of Malveaux and his drug trafficking activities, and he was charged with participating in the drug trafficking conspiracy. The case was investigated by the DEA, Department of Homeland Security Investigations, and Louisiana State Police and was prosecuted by Assistant U.S. Attorney Daniel J. Vermaelen.
Dallas Prejean, 60, of Lafayette, Louisiana, was sentenced to 113 months (9 years, 5 months) in prison, followed by 3 years of supervised release for conspiracy to distribute and possess with intent to distribute controlled substances. Prejean was involved in a drug trafficking conspiracy with several others and was charged in an indictment in October 2019. Through their investigation using physical and electronic surveillance of Prejean and his co-defendants, agents with the Federal Bureau of Investigation (FBI) and U.S. Drug Enforcement Administration (DEA) obtained evidence to secure a search warrant for a residence occupied by Prejean in Rayne, Louisiana. Agents found numerous firearms and large amounts of narcotics and other drug paraphernalia in the residence. Prejean admitted possession of the items to agents and pleaded guilty to the charge on October 13, 2021. The case was investigated by the FBI, DEA and Louisiana State Police and prosecuted by Assistant U.S. Attorney John W. Nickel.
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Former West Virginia Parole Officer Sentenced for Sexually Assaulting ParoleeRead the Press Release
A former West Virginia Division of Corrections and Rehabilitation Parole officer was sentenced today in federal court in the Southern District of West Virginia to 15 years of imprisonment, five years of supervised release and registration as a sex offender under the Federal Sex Offender Registration and Notification Act for violating the civil rights of a female parolee by sexually assaulting her while he was serving as her parole officer.
According to court documents, Anthony DeMetro, 44, admitted that on or about April 16, 2021, he used physical force and his position, authority and status as a state parole officer to force a female parolee to perform oral sex on him against her will. At the time, the parolee was attempting to complete residential drug and alcohol treatment as a condition of her parole. DeMetro admitted that he knew that the parolee did not want to have sex with him but that he coerced and forced her into doing so anyway, for his own sexual gratification.
“We thank the survivor for having the courage and strength to come forward to tell her story,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Department of Justice will continue to hold accountable public officials who exploit their power and authority to sexually assault and harm vulnerable people.”
“This office will continue to hold people accountable who use their position of power to sexually assault vulnerable victims,” said U.S. Attorney Will Thompson for the Southern District of West Virginia. “I want to thank the victim again for being brave enough to come forward, even though she was putting her personal safety and freedom at risk.”
“Mr. DeMetro was in a position of power and authority,” said Special Agent in Charge Mike Nordwall of the FBI Pittsburgh Field Office. “He used that authority to take advantage of and prey on a vulnerable woman. This behavior was in violation of the oath he took and cannot be tolerated. The FBI will continue to aggressively investigate color of law abuses by public officials.”
The FBI Pittsburgh Field Office investigated the case.
Trial Attorneys Kathryn E. Gilbert and Daniel E. Grunert of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorneys Monica Coleman and Nowles Heinrich for the Southern District of West Virginia are prosecuting the case.
Former West Virginia Parole Officer Sentenced for Sexually Assaulting ParoleeRead the Press Release
A former West Virginia Division of Corrections and Rehabilitation Parole officer was sentenced today in federal court in the Southern District of West Virginia to 15 years of imprisonment, five years of supervised release and registration as a sex offender under the Federal Sex Offender Registration and Notification Act for violating the civil rights of a female parolee by sexually assaulting her while he was serving as her parole officer.
According to court documents, Anthony DeMetro, 44, admitted that on or about April 16, 2021, he used physical force and his position, authority and status as a state parole officer to force a female parolee to perform oral sex on him against her will. At the time, the parolee was attempting to complete residential drug and alcohol treatment as a condition of her parole. DeMetro admitted that he knew that the parolee did not want to have sex with him but that he coerced and forced her into doing so anyway, for his own sexual gratification.
“We thank the survivor for having the courage and strength to come forward to tell her story,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Department of Justice will continue to hold accountable public officials who exploit their power and authority to sexually assault and harm vulnerable people.”
“This office will continue to hold people accountable who use their position of power to sexually assault vulnerable victims,” said U.S. Attorney Will Thompson for the Southern District of West Virginia. “I want to thank the victim again for being brave enough to come forward, even though she was putting her personal safety and freedom at risk.”
“Mr. DeMetro was in a position of power and authority,” said Special Agent in Charge Mike Nordwall of the FBI Pittsburgh Field Office. “He used that authority to take advantage of and prey on a vulnerable woman. This behavior was in violation of the oath he took and cannot be tolerated. The FBI will continue to aggressively investigate color of law abuses by public officials.”
The FBI Pittsburgh Field Office investigated the case.
Trial Attorneys Kathryn E. Gilbert and Daniel E. Grunert of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorneys Monica Coleman and Nowles Heinrich for the Southern District of West Virginia are prosecuting the case.
Former Vice President of Discovery Tours Sentenced to Five Years in Prison for Fraud and Money LaunderingRead the Press Release
CLEVELAND – Joseph A. Cipolletti, 48, of Hudson, Ohio, was sentenced on Thursday, April 20, 2023, to 60 months in prison by U.S. District Judge Pamela A. Barker after he pleaded guilty to an 18-count indictment that charged him with wire fraud, money laundering, bank fraud and false statements under oath in a bankruptcy proceeding.
“This defendant abused his position of trust by embezzling from $550,000 and $1.5 million from his family’s student travel company for his personal use,” said First Assistant U.S. Attorney Michelle M. Baeppler. “Student trips to Washington, D.C. were canceled for dozens of schools across Ohio and more than 5,000 families lost the money they had previously paid for trip fees. Today’s five-year prison sentence reflects his reprehensible conduct.”
“Bilking customers in any line of business is appalling, and more so, as a business executive entrusted to provide memorable educational experiences for children and teens,” said FBI Cleveland Special Agent in Charge Gregory Nelsen. “Today’s sentence reflects the comprehensive investigative work of the FBI, and together with our federal, state, and local partners, highlights our commitment to uncover corrupt business dealings.”
According to court documents, Cipolletti was employed as Vice President of Discovery Tours, Inc., a business that offered educational trips for students to destinations such as Washington, D.C., Chicago, Illinois, New York City, New York, Columbus, Ohio, and Gettysburg, Pennsylvania. Court documents state that as Vice President, Cipolletti managed the organization’s finances, general ledger entries, accounts payable and accounts receivable. Cipolletti also had signature authority on Discovery Tours’ business bank accounts.
Court documents state that from June 2014 to May 2018, Cipolletti, as Vice President, devised a scheme to defraud parents and other student trip purchasers by diverting payments intended for these trips to his own personal use on items such as home renovations and vehicles.
As a result of Cipolletti’s actions and subsequent attempts to cover up the scheme, in May 2018, Discovery Tours abruptly ended operations and filed for bankruptcy.
In addition, on December 10, 2018, in the United States Bankruptcy Court for the Northern District of Ohio, Cipolletti knowingly made statements under oath in and in relation to his organization’s bankruptcy status. Cipolletti claimed that he did not owe his business any money when, in fact, and as he then knew, he had embezzled from his place of business and made false entries in the general ledger.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Brian M. McDonough.
Former Tennessee County Official Sentenced for Sexually Assaulting Seven Women He Supervised in a County FacilityRead the Press Release
A former county commissioner and director of the Solid Waste Department in Cumberland County, Tennessee, was sentenced today to 17 years in prison followed by five years of supervised release for sexually assaulting seven women who worked under his supervision at the Cumberland County Recycling Center.
Michael Harvel, 61, was previously convicted on nine counts of committing sexual assault. According to evidence introduced at trial – including testimony from 13 women who described Harvel’s sexual abuse – Harvel abused his authority as a county official to sexually assault women who worked under his control at the recycling center. Many of Harvel’s victims were sent to the recycling center to serve court-ordered community service, were required to keep a job as a term of their probation or were otherwise vulnerable because they struggled with substance abuse, were impoverished, or were sole caregivers for their dependents. The jury convicted Harvel of four counts of sexual assault that included kidnapping and three counts that included aggravated sexual abuse.
According to witness testimony at trial, Harvel told one victim to stop by his office at the end of the day, purportedly to discuss a job opportunity, then locked the door to his office and orally raped the woman. He falsely told a second victim that he needed her help with a county work project, then drove her to an isolated landfill in the woods and raped her in a guard shack. The jury also heard evidence that Harvel covered up his pattern of behavior by threatening his victims and other employees so that they would not report his crimes.
“The defendant abused his official position and authority to deprive the victims of their constitutionally-protected right to bodily integrity,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “While this sentence can’t undo the extraordinary pain and suffering the defendant caused these women, it should send a clear message to public officials they are not above the law and will be held accountable when they sexually assault and abuse people subject to their authority.”
“Michael Harvel is a predator who used his position of authority to victimize vulnerable women,” said U.S. Attorney Henry Leventis for the Middle District of Tennessee. “I am extremely proud of the work our office did, alongside our partners at the Civil Rights Division and FBI, to hold him accountable and to stand up for the rights of the victims.”
“This sentencing should send a clear message that the FBI makes it a priority to bring to justice anyone who violates the civil rights of those they are sworn to protect,” said Special Agent in Charge Douglas S. DePodesta of the FBI Memphis Field Office. “The FBI is committed to protecting the civil rights of all people and will continue to vigorously investigate these kinds of cases alongside our local, state and federal partners.”
The FBI Memphis Field Office investigated the case.
Assistant U.S. Attorney Brooke Schiferle for the Middle District of Tennessee and Special Litigation Counsel Michael J. Songer and Trial Attorney Laura-Kate Bernstein of the Civil Rights Division’s Criminal Section prosecuted the case.
In 2021, in a separate civil action, the Justice Department secured $1.1 million from Cumberland County to resolve a sexual harassment lawsuit. The lawsuit alleged, among other things, that Cumberland County failed to take adequate precautions to prevent Harvel, as the director of the county’s Solid Waste Department, from sexually harassing women he supervised. According to the complaint, Harvel regularly subjected the women to unwanted sexual contact, including kissing and groping, and to unwelcome sexual advances.
Former State Employee Sentenced to 12 months in Prison for Role in $2 Million Scheme to Defraud the Office of AIDSRead the Press Release
SACRAMENTO, Calif. — Yvonne Gaide, 61, of Orangevale, was sentenced today to 12 months and one day in prison and ordered to pay $472,717 in restitution for wire fraud in relation to a scheme to divert funds from the California Department of Public Health, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Gaide was employed as an analyst for grants and fiscal matters in the Office of AIDS within the California Department of Public Health in Sacramento. The Office of AIDS is responsible for working on behalf of the State of California to combat the HIV and AIDS epidemic.
Between December 2017 and November 2018, Gaide participated in a fraud scheme along with Schenelle Flores, 47, and Christine Iwamoto, 59, both former Office of AIDS employees from Sacramento. In total, the participants in the fraud scheme obtained at least $2 million in personal benefits, including cash and purchased items.
According to court documents, as part of the scheme, Flores directed a state contractor to make payments allegedly on behalf of the Office of AIDS and to charge those payments to the state. In reality, those payments benefitted Gaide, Flores, Iwamoto, and others personally rather than the Office of AIDS. For example, Gaide, Flores, and Iwamoto caused the contractor to pay for personal expenses on its debit cards, order gift cards for personal use, and pay false invoices to shell companies for services allegedly provided to the Office of AIDS. This included, among other things, $450,000 in phony invoices submitted by Iwamoto for a shell company that she had created to defraud the state, which Gaide and Flores then helped ensure would be paid. After the invoices were paid, Iwamoto shared the proceeds with Gaide by meeting in person to give Gaide cash, as well as giving Gaide blank checks that she could write out of the phony company’s bank account.
Gaide personally gained over $70,000 from the scheme including the following:
• $19,217 from personal fraudulent use of the state contractor’s debit cards, including for Disneyland, Universal Studios, Ruth’s Chris Steakhouse, and apparel and home items;
• $20,000 to $25,000 (at least) in cash from Iwamoto in person, after helping process fraudulent invoices from Iwamoto’s fake shell company;
• $29,090 in checks written by Gaide out of the fake shell company’s bank account that Gaide knew housed fraud proceeds; and
• $3,500 in gift cards purchased by the state contractor and charged to a contract with the Office of AIDS that Gaide obtained for her personal use.
This case was the product of an investigation by the Federal Bureau of Investigation with assistance from the California Department of Public Health and the California Highway Patrol. Assistant U.S. Attorney Christopher S. Hales prosecuted the case.
On March 3, 2022, Flores was sentenced to five years and 10 months in prison and ordered to pay over $2 million in restitution in a related case, United States v. Flores, 2:21-cr-025.
On April 7, 2022, Iwamoto was sentenced to two years in prison and ordered to pay $481,200 in restitution in a related case, United States v. Iwamoto, 2:21-cr-193.
Former Southwest Key employee arrested for sexual contact with unaccompanied minors aboard airplaneRead the Press Release
McALLEN, Texas – A 61-year-old Harlingen resident, and former Southwest Key employee, has been charged with multiple counts of sexual contact with a ward, announced U.S. Attorney Alamdar S. Hamdani.
Authorities arrested Rodolfo Alanis today. He is expected to make his initial appearance before U.S. Magistrate Judge J. Scott Hacker tomorrow at 9 a.m.
A federal grand jury returned the three-count indictment April 18, which was unsealed upon his arrest.
“The migrant children in these facilities are the most vulnerable; they are alone and often do not speak the language,” said Hamdani. “We have to entrust them to the care of others while there and as they are transported from point A to point B. As such, my office will seek to hold those accountable who allegedly violate that trust. These allegations are serious and we will follow the case to its end to ensure justice is served overall, but especially on behalf of any potential young victim.”
According to the charges, Alanis was a youth care worker at Southwest Key in both McAllen and Brownsville. Southwest Key operates several facilities that temporarily house immigrant children. They have facilities in McAllen and Brownsville.
Alanis allegedly engaged in sexual contact with three minor children who, at the time, were detained and under the custody and authority of Alanis. The indictment further alleges the sexual contact occurred on three separate occasions while on board an airplane.
If convicted, Alanis faces up to two years imprisonment on each count.
FBI and Department of Health and Human Services - Office of Inspector General and Immigration and Customs Enforcement conducted the investigation with the assistance of Department of Homeland Security-Office of Inspector General. Assistant U.S. Attorney Laura Garcia and Alexa Parcell are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Former Professional Wrestler Charged with Theft of Millions of Dollars in Federal Funds Intended for Needy FamiliesRead the Press Release
Jackson, Miss. - A federal indictment was unsealed today charging a former professional wrestler with misappropriating millions of dollars in federal safety-net funds intended for needy families and low-income individuals in Mississippi.
According to court documents, Theodore Marvin DiBiase Jr., 40, of Madison, along with co-conspirators John Davis, Christi Webb, Nancy New, and others, are alleged to have fraudulently obtained federal funds – including from The Emergency Food Assistance Program (TEFAP) and the Temporary Assistance for Needy Families (TANF) program – that they misappropriated for their own personal use and benefit.
Davis was the executive director of the Mississippi Department of Human Services (MDHS). As part of the alleged scheme, after federal funds were issued to MDHS, Davis directed MDHS to subgrant the funds to two nonprofit organizations, Family Resource Center of North Mississippi Inc. (FRC) and Mississippi Community Education Center (MCEC), which were operated by Webb and New, respectively. Davis then allegedly directed Webb and New to award sham contracts to various individuals and entities purportedly for the delivery of social services, including at least five sham contracts that were awarded to DiBiase’s companies, Priceless Ventures LLC and Familiae Orientem LLC.
As further alleged in the indictment, under these sham contracts, FRC and MCEC provided millions of dollars in federal funds from MDHS to DiBiase and his companies for social services that DiBiase did not provide and did not intend to provide. DiBiase allegedly used these federal funds to buy a vehicle and a boat, and for the down payment on the purchase of a house, among other expenditures.
DiBiase is charged with one count of conspiracy to commit wire fraud and to commit theft concerning programs receiving federal funds, six counts of wire fraud, two counts of theft concerning programs receiving federal funds, and four counts of money laundering. If convicted, he faces a maximum penalty of five years in prison for the conspiracy count, a maximum penalty of 20 years in prison for each wire fraud count, and a maximum penalty of 10 years in prison for each count of theft concerning programs receiving federal funds and for each count of money laundering.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi, Special Agent in Charge Jermicha Fomby of the FBI Jackson Field Office, Special Agent in Charge Tamala Miles of the Department of Health and Human Services Office of the Inspector General (HHS-OIG), Special Agent in Charge Dax Roberson of the Department of Agriculture Office of Inspector General (USDA-OIG), and Special Agent in Charge James E. Dorsey of the IRS Criminal Investigations (IRS-CI) Atlanta Field Office made the announcement.
The FBI, HHS-OIG, USDA-OIG, and IRS-CI are investigating the case.
Trial Attorney Adrienne E. Rosen of the Criminal Division’s Money Laundering and Asset Recovery Section, Trial Attorney Della Sentilles of the Criminal Division’s Fraud Section, and Assistant U.S. Attorneys Dave Fulcher and John Meynardie for the Southern District of Mississippi are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Professional Wrestler Charged with Theft of Millions of Dollars in Federal Funds Intended for Needy FamiliesRead the Press Release
A federal indictment was unsealed today in Mississippi charging a former professional wrestler with misappropriating millions of dollars in federal safety-net funds intended for needy families and low-income individuals in Mississippi.
According to court documents, Theodore Marvin DiBiase Jr., 40, of Madison, along with co-conspirators John Davis, Christi Webb, Nancy New, and others, are alleged to have fraudulently obtained federal funds – including from The Emergency Food Assistance Program (TEFAP) and the Temporary Assistance for Needy Families (TANF) program – that they misappropriated for their own personal use and benefit.
Davis was the executive director of the Mississippi Department of Human Services (MDHS). As part of the alleged scheme, after federal funds were issued to MDHS, Davis directed MDHS to subgrant the funds to two nonprofit organizations, Family Resource Center of North Mississippi Inc. (FRC) and Mississippi Community Education Center (MCEC), which were operated by Webb and New, respectively. Davis then allegedly directed Webb and New to award sham contracts to various individuals and entities purportedly for the delivery of social services, including at least five sham contracts that were awarded to DiBiase’s companies, Priceless Ventures LLC and Familiae Orientem LLC.
As further alleged in the indictment, under these sham contracts, FRC and MCEC provided millions of dollars in federal funds from MDHS to DiBiase and his companies for social services that DiBiase did not provide and did not intend to provide. DiBiase allegedly used these federal funds to buy a vehicle and a boat, and for the down payment on the purchase of a house, among other expenditures.
DiBiase is charged with one count of conspiracy to commit wire fraud and to commit theft concerning programs receiving federal funds, six counts of wire fraud, two counts of theft concerning programs receiving federal funds, and four counts of money laundering. If convicted, he faces a maximum penalty of five years in prison for the conspiracy count, a maximum penalty of 20 years in prison for each wire fraud count, and a maximum penalty of 10 years in prison for each count of theft concerning programs receiving federal funds and for each count of money laundering.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi, Special Agent in Charge Jermicha Fomby of the FBI Jackson Field Office, Special Agent in Charge Tamala Miles of the Department of Health and Human Services Office of the Inspector General (HHS-OIG), Special Agent in Charge Dax Roberson of the Department of Agriculture Office of Inspector General (USDA-OIG), and Special Agent in Charge James E. Dorsey of the IRS Criminal Investigations (IRS-CI) Atlanta Field Office made the announcement.
The FBI, HHS-OIG, USDA-OIG, and IRS-CI are investigating the case.
Trial Attorney Adrienne E. Rosen of the Criminal Division’s Money Laundering and Asset Recovery Section, Trial Attorney Della Sentilles of the Criminal Division’s Fraud Section, and Assistant U.S. Attorneys Dave Fulcher and John Meynardie for the Southern District of Mississippi are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Owner of RI Ophthalmology Chain to Pay $1.1M in Settlement of False Claims Inquiry by the United StatesRead the Press Release
PROVIDENCE – The United States Attorney’s Office has reached an agreement with Paul S. Koch, M.D., the former owner of a chain of Rhode Island ophthalmology practices that bear his name, to resolve civil allegations that Koch paid kickbacks to optometrists who referred patients to him and his practice for cataract surgeries, announced United States Attorney Zachary A. Cunha.
The agreement, under which Dr. Koch will pay $1,166,072, resolves claims brought as part of a qui tam complaint filed in federal court in the District of Rhode Island by two whistleblowers.
“Patients should be able to feel secure that when their doctors make decisions that impact their health- whether about prescriptions, surgeries, or referrals- those decisions are based on sound medical judgment, and not illegal monetary incentives,” said U.S. Attorney Cunha. “When medical decision making is corrupted by kickbacks, at the expense of federal Medicare dollars, we will hold those responsible to account.”
“Kickback schemes undermine the integrity of medical decisions, subvert the health marketplace and waste taxpayer dollars,” said Special Agent in Charge Phillip M. Coyne of the U.S. Department of Health and Human Services, Office of Inspector General. “We will continue to hold accountable those who refuse to play by the rules and provide illegal incentives to influence the decision making of health care providers.”
“Kickback schemes can undermine our healthcare system, compromise medical decisions, and waste taxpayer dollars. Today’s settlement makes it clear that medical decisions by doctors should be based on what is best for each patient, not a doctor’s personal financial interest,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “This unscrupulous scheme orchestrated by Dr. Koch is just one example of how the FBI and are partners are working hard every day to protect patients and federal health care programs from fraud and abuse by removing the corrupting influence of money.”
The government alleged that, during the roughly five-year period between January 1, 2013, through December 31, 2017, Dr. Koch, Koch Eye Associates and Claris Vision, paid financial kickbacks to referring optometrists whose patients elected to receive laser-assisted cataract surgery, for which patients paid up to $2,900 out-of-pocket per eye. The government alleges that these payments to the referring optometrists were illegal under the anti-kickback statute, a federal law that, among other things, prohibits financial payments to induce medical referrals that are reimbursed by federal healthcare payors, like the Medicare program.
In this case, the government alleged that the kickbacks resulted in the submission of false claims to Medicare under the federal False Claims Act. Through this settlement, the government is recovering twice the amount paid by Medicare for claims associated with the illegal kickbacks paid by Dr. Koch and his affiliates. Under the provisions of the False Claims Act, the whistleblowers will receive $256,534.84 out of the settlement payment.
The government’s case was litigated by Assistant United States Attorneys Dulce Donovan and Bethany N. Wong and was investigated by the U.S. Department of Health and Human Services, Office of Inspector General.
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Former Doctor Sentenced to 120 Months for Conspiracy to Distribute Controlled SubstancesRead the Press Release
LONDON, Ky. — A former Clarksville, Tenn., physician, John Stanton, 51, was sentenced on Thursday, April 13, to 120 months in federal prison, by U.S. District Judge Robert Wier, following his conviction for conspiring to unlawfully distribute controlled substances.
According to evidence presented at his trial, Stanton was a licensed physician and Medical Director at Gateway Medical Associates in Tennessee, which was registered as a pain management clinic. Evidence established that Stanton worked with John Maccarone, the owner of GMA, to prescribe controlled substances, often a combination of oxymorphone and oxycodone, to individuals who presented as patients to GMA. These individuals exhibited signs of diversion and abuse, such as repeatedly failing drug tests and displaying mental health issues. In prescribing in this manner, Stanton failed to adhere to accepted professional standards for prescribing controlled substances for the treatment of chronic pain.
Also, testimony at trial established that patients who were being treated by Stanton and Maccarone exhibited obvious signs of drug diversion and abuse, traveling more than four hours each way to GMA, from southern and eastern Kentucky, and waiting 10 hours or more to be seen. Patients often failed urine drug tests and avoided “mandatory” pill counts by paying a “no show fee.” GMA patients often paid more than $400 in fees (typically paid by prepaid debit card) to the clinic for each visit. At trial, the evidence also revealed that GMA served as a source of supply for drug traffickers during the conspiracy.
Stanton was convicted at trial in August 2022.
Stanton’s co-defendants were sentenced to the following, for their roles in the conspiracy:
• Dr. James Maccarone was sentenced to 84 months in prison and ordered to forfeit his GMA property, approximately $204,000 held in bank accounts, to pay a $1.3 million money judgment, and to forfeit his medical license;
• Jeffrey Ghent was sentenced to 60 months in prison and ordered to pay a $150,000 money judgment;
• Terry Prince was sentenced to 68 months in prison, three years of supervised release, and ordered to pay a $250,000 money judgement.
Under federal law, Stanton and his co-defendants must serve 85 percent of their prison sentences. Upon his release from prison, Stanton will be under the supervision of the U.S. Probation Office for three years. In addition to his prison sentence, Stanton was ordered to forfeit $318,300, forfeit his medical license, and pay a $100,000 fine.
Carlton S. Shier IV, United States Attorney for the Eastern District of Kentucky; and J. Todd Scott, Special Agent in Charge, DEA Louisville Field Division; Daniel Cameron, Kentucky Attorney General; Col. Phillip Burnett, Commissioner, Kentucky State Police; and David Rausch, Director, Tennessee Bureau of Investigation; jointly announced the sentence.
This case as investigated, in part, by members Operation UNITE. The investigation was conducted by the DEA, the Kentucky Office of Attorney General, the Tennessee Bureau of Investigation; and the London Police Department, with assistance from the Lake Cumberland Area Drug Task Force, Clarksville, Tennessee Police Department, Clay County Sheriff’s Office; and Knox County Sheriff’s Office. The United States was represented by Assistant U.S. Attorney Andrew Smith.
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Former Cumberland County Official Sentenced to Federal Prison for Civil Rights ViolationsRead the Press Release
NASHVILLE – A former county commissioner and director of the Solid Waste Department in Cumberland County, Tennessee, was sentenced today to 17 years in prison followed by five years of supervised release for sexually assaulting seven women who worked under his supervision at the Cumberland County Recycling Center.
Michael Harvel, 61, was previously convicted on nine counts of committing sexual assault. According to evidence introduced at trial – including testimony from 13 women who described Harvel’s sexual abuse – Harvel abused his authority as a county official to sexually assault women who worked under his control at the recycling center. Many of Harvel’s victims were sent to the recycling center to serve court-ordered community service, were required to keep a job as a term of their probation or were otherwise vulnerable because they struggled with substance abuse, were impoverished, or were sole caregivers for their dependents. The jury convicted Harvel of four counts of sexual assault that included kidnapping and three counts that included aggravated sexual abuse.
"Michael Harvel is a predator who used his position of authority to victimize vulnerable women," said U.S. Attorney Henry Leventis. "I am extremely proud of the work our office did, alongside our partners at the Civil Rights Division and FBI, to hold him accountable and to stand up for the rights of the victims."
According to witness testimony at trial, Harvel told one victim to stop by his office at the end of the day, purportedly to discuss a job opportunity, then locked the door to his office and orally raped the woman. He falsely told a second victim that he needed her help with a county work project, then drove her to an isolated landfill in the woods and raped her in a guard shack. The jury also heard evidence that Harvel covered up his pattern of behavior by threatening his victims and other employees so that they would not report his crimes.
“The defendant abused his official position and authority to deprive the victims of their constitutionally-protected right to bodily integrity,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “While this sentence can’t undo the extraordinary pain and suffering the defendant caused these women, it should send a clear message to public officials they are not above the law and will be held accountable when they sexually assault and abuse people subject to their authority.”
“This sentencing should send a clear message that the FBI makes it a priority to bring to justice anyone who violates the civil rights of those they are sworn to protect,” said Special Agent in Charge Douglas S. DePodesta of the FBI Memphis Field Office. “The FBI is committed to protecting the civil rights of all people and will continue to vigorously investigate these kinds of cases alongside our local, state and federal partners.”
The FBI Memphis Field Office investigated the case.
Assistant U.S. Attorney Brooke Schiferle for the Middle District of Tennessee and Special Litigation Counsel Michael J. Songer and Trial Attorney Laura-Kate Bernstein of the Civil Rights Division’s Criminal Section prosecuted the case.
In 2021, in a separate civil action, the Justice Department secured $1.1 million from Cumberland County to resolve a sexual harassment lawsuit. The lawsuit alleged, among other things, that Cumberland County failed to take adequate precautions to prevent Harvel, as the director of the county’s Solid Waste Department, from sexually harassing women he supervised. According to the complaint, Harvel regularly subjected the women to unwanted sexual contact, including kissing and groping, and to unwelcome sexual advances.
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Five Springfield Residents Indicted for Meth Conspiracy, Illegal FirearmsRead the Press Release
SPRINGFIELD, Mo. – Five Springfield, Mo., residents have been indicted by a federal grand jury for their roles in a conspiracy to distribute methamphetamine and for illegally possessing firearms.
Dusty B. Lescard, 38, Anne Louise Currie, 61, Jeremy Moran Chambers, 44, Tilton Chase Tate, 39, and Erik C. Foster, 41, were charged in a 22-count indictment returned under seal by a federal grand jury in Springfield on April 12, 2023. That indictment has been unsealed. Lescard, Currie and Tate remain in federal custody pending their detention hearings.
The federal indictment alleges that Lescard, Currie, Chambers, Tate and Foster participated in a conspiracy to distribute methamphetamine from March 18, 2021, to Oct. 12, 2022.
In addition to the conspiracy, Lescard is charged with six counts of distributing 50 grams or more of methamphetamine, one count of distributing five grams or more of methamphetamine, and two counts of possessing 50 grams or more of methamphetamine with the intent to distribute. Lescard is also charged with one count of possessing firearms in furtherance of a drug-trafficking crime and two counts of being a felon in possession of firearms. Lescard allegedly possessed a Glock 9mm pistol and a Smith & Wesson 9mm pistol on Dec. 30, 2021, and a Glock 9mm pistol on Jan. 12, 2022.
Currie is also charged with two counts of possessing methamphetamine with the intent to distribute.
Chambers is also charged with one count of possessing 50 grams or more of methamphetamine to distribute, one count of possessing firearms in furtherance of a drug-trafficking crime, and one count of being a felon in possession of firearms. Chambers allegedly possessed a Ruger .22-caliber pistol, two Glock 9mm pistols and a Smith & Wesson .38-caliber revolver on July 22, 2021.
Tate is also charged with one count of possessing 50 grams or more of methamphetamine with the intent to distribute and one count of being a felon in possession of firearms. Tate allegedly possessed a Ruger .380-caliber pistol and a Stoeger 9mm pistol on April 14, 2022.
Foster is also charged with two counts of possessing 50 grams or more of methamphetamine with the intent to distribute.
The indictment also contains a forfeiture allegation, which would require the defendants to forfeit to the government any property obtained from the proceeds of the alleged offenses, including $11,960 that was seized by law enforcement.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Stephanie L. Wan. It was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the FBI, the Greene County, Mo., Sheriff’s Department, the Missouri State Highway Patrol, the Republic, Mo., Police Department, and the Springfield, Mo., Police Department.
Organized Crime and Drug Enforcement Task Force
This case 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.
Fentanyl Dealer Responsible for Two Drug Overdoses Is Sentenced to 20 Years in PrisonRead the Press Release
ASHEVILLE, N.C. – Megan Emily Tate, 29, of Sylva, N.C., was sentenced today to 20 years in prison followed by five years of supervised release, for distributing a substance that contained fentanyl and caused two overdoses, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Robert J. Murphy, Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees North Carolina, and Sheriff Doug Farmer of the Jackson County Sheriff’s Office join U.S. Attorney King in making today’s announcement.
“Fentanyl is a highly potent substance that can quickly cause accidental drug poisoning. In many instances, victims do not know they are ingesting a potentially deadly drug until it’s too late,” said U.S. Attorney King. “The surge in fentanyl distribution is affecting families and communities everywhere. Law enforcement agencies at the federal, state, and local level are committed to dismantling fentanyl networks and holding accountable those who engage in the distribution of this dangerous drug.”
“Fentanyl is extremely dangerous and leaves behind a trail of devastation. Ms. Tate obviously had total disregard for the safety of others,” said Special Agent in Charge Murphy.
According to filed court documents and today’s sentencing hearing, in April 2021, deputies with the Jackson County Sheriff’s Office arrested Tate for suspected distribution of fentanyl. While Tate was in custody at the Jackson County Detention Center, she supplied two inmates with fentanyl, causing them to overdose. As a result, both overdose victims were transported to the hospital and one victim was placed on a ventilator. Both victims later recovered from their drug overdose. According to court documents, over the course of the investigation into the drug overdose incidents, law enforcement determined that Tate had supplied each victim with a substance that contained fentanyl, which Tate had concealed and later retrieved from her body cavity while in the detention center.
According to the DEA, fentanyl is a synthetic opioid that is 50 times more potent than heroin and 100 times more potent than morphine. Fentanyl remains the deadliest drug threat in the United States. According to the CDC, more than 100,000 people in the United States died of drug overdoses and drug poisonings in the 12-month period ending in January 2022. Sixty-seven percent of those deaths involved synthetic opioids like fentanyl. Some of these deaths were attributed to fentanyl mixed with other illicit drugs like cocaine, methamphetamine, and heroin, with many users unaware they were actually taking fentanyl.
On January 30, 2023, Tate pleaded guilty to distribution of a mixture of substance containing fentanyl. She is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, U.S. Attorney King thanked the DEA’s Asheville Post of Duty and the Jackson County Sheriff’s Office for their investigation of this case.
Assistant U.S. Attorney Thomas Kent of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Felon Sentenced for Gang-Related Fentanyl Trafficking and Illegal Possession of a Semi-Automatic PistolRead the Press Release
ALEXANDRIA, Va. – An Alexandria man was sentenced yesterday to over 10 years in prison for distributing thousands of fentanyl-laced pills.
According to court documents, Dashawn Dontia Blassingame, 24, between at least April of 2021 and May of 2022, conspired with others to distribute counterfeit pills bearing the appearance of pharmaceutically produced Oxycodone, but that in fact contained fentanyl. During that same time frame, the defendant also possessed firearms, including a semi-automatic pistol, while being prohibited from doing so due to his multiple prior felony convictions.
According to court records, the defendant and some of his co-conspirators were members of the Rollin’ 60s Neighborhood Crips criminal street gang. The members of the conspiracy arranged for parcels containing thousands of counterfeit pills containing fentanyl to be mailed to Virginia from Arizona for further redistribution. The defendant was charged after a package containing over 7,000 counterfeit pills containing fentanyl, destined for the defendant and his co-conspirators, tore open in the ordinary course of mail delivery and was seized by law enforcement. The defendant and his co-conspirators worked together to distribute these pills containing fentanyl in Northern Virginia and elsewhere for a profit. Prior to his arrest on the federal charges, the defendant had multiple Virginia state convictions, including felony eluding of police, being a felon in possession of ammunition, and multiple convictions for felony possession of controlled drugs.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Wayne A. Jacobs, Special Agent in Charge of the FBI Washington Field Office Criminal Division, made the announcement after sentencing by U.S. District Judge Rossie D. Alston.
The U.S. Postal Inspection Service (USPIS), Drug Enforcement Administration (DEA) and the Prince William County Police Department provided significant assistance on this case.
Assistant U.S. Attorneys Ryan Bredemeier and Heather Call 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.
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. 1:23-cr-19.
Federal Jury Convicts Seminole Resident of First-Degree Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Coker Dean Barker, age 36, of Seminole, Oklahoma was found guilty by a federal jury of one count of First-Degree Murder in Indian Country, one count of Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence, and one count of Causing Death with a Firearm.
The jury trial began with testimony on Monday, April 3, 2023, and concluded on Monday, April 10, 2023, with the guilty verdicts.
During the trial, the United States presented evidence that in April of 2019, Barker brutally attacked and killed a 43-year-old Seminole man. During the fatal attack, Barker stabbed and beat the victim, and fired multiple rounds into his body. Autopsy results revealed the victim sustained 18 broken ribs, two punctured lungs, and bullet wounds from multiple firearms. After killing the victim, Barker burned the evidence to evade prosecution, and attempted to flee to Mexico. U.S. Customs and Border Protection apprehended Barker before he crossed the border and returned him to Oklahoma for prosecution. After his indictment in 2021, the defendant escaped from jail, but was captured by U.S. Marshals and returned to custody.
The guilty verdicts were the result of investigations by the Seminole Police Department, the Seminole County Sheriff’s Office, the Oklahoma State Bureau of Investigation, the Texas Rangers, U.S. Customs and Border Protection, and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant is a member of a federally recognized Indian tribe and the crimes occurred in Seminole County, within the boundaries of the Seminole Nation Reservation of Oklahoma and the Eastern District of Oklahoma.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. The sentencing will be scheduled following completion of the report. The defendant will remain in custody of the U.S. Marshals until sentencing.
Assistant United States Attorneys Kevin Gross and Zachary Parsons represented the United States.
Federal Grand Jury Indicts Radcliff Man for Four Bank Robberies in Western KentuckyRead the Press Release
Owensboro, KY – A federal grand jury in Bowling Green, Kentucky, returned an indictment on April 12, 2023, charging a Hardin County, Kentucky, man with four bank robberies.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office, Commissioner Phillip Burnett, Jr. of the Kentucky State Police, and Sheriff Dale Bozarth of the Hancock County Sheriff’s Office made the announcement.
The indictment charges Ramon Alvarez, 36, with the following four bank robberies: (1) the WesBanco Bank in Meade County, Kentucky, on May 22, 2018, stealing $8,292; (2) the Hancock Bank and Trust in Hancock County, Kentucky, on June 7, 2018, stealing $9,407; (3) the Casey County Bank in Casey County, Kentucky, on June 25, 2018, stealing $5,400; and (4) the Wilson and Muir Bank in Grayson County, Kentucky, on July 2, 2018, stealing $5,000.
Alvarez entered federal custody on April 17, 2023, and subsequently made an initial appearance before a U.S. Magistrate Judge in the United States District Court for the Western District of Kentucky. If convicted, he faces a maximum sentence of 80 years in prison. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors. There is no parole in the federal system.
This case is being investigated by the FBI Bowling Green Field Office, the Kentucky State Police, and the Hancock County Sheriff’s Office.
Assistant U.S. Attorney Madison Sewell, of the U.S. Attorney’s Bowling Green Branch Office, is prosecuting this case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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El Paso Man Pleads Guilty in San Antonio to Fentanyl Trafficking ChargesRead the Press Release
SAN ANTONIO – An El Paso man pleaded guilty in a federal court in San Antonio Wednesday to conspiracy to possess with intent to distribute 400 grams or more of fentanyl.
According to court documents, Albert Medina Jr. aka “Tots,” 37, sent at least 60,000 fentanyl pills to an undercover agent in San Antonio in 2021. Federal agents seized six bundles containing a total of seven kilograms of fentanyl during the transaction between the undercover agent and Medina’s courier, co-defendant Francisco Javier Ortiz. Ortiz pleaded guilty in December 2022 and currently awaits his sentencing hearing.
Medina is scheduled to be sentenced on July 26 and faces a minimum of 10 years in prison with a maximum penalty of life in prison and a $10 million fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Daniel Comeaux of the Drug Enforcement Administration made the announcement.
The DEA is investigating the case.
Assistant U.S. Attorney William Calve is prosecuting the case.
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El Departamento de Justicia emite una carta a los Estimados Colegas de los tribunales sobre multas y honorarios para jóvenes y adultosRead the Press Release
El Departamento de Justicia emitió hoy una Carta a los Estimados Colegas de los tribunales estatales y locales, y las agencias de justicia juvenil con respecto a la imposición y aplicación de multas y honorarios a jóvenes y adultos. La carta aborda las prácticas comunes de multas y honorarios impuestos por los tribunales, y advierte contra aquellas prácticas que pueden ser ilegales, penalizar injustamente a las personas que no pueden pagar o que de otro modo tienen un efecto discriminatorio. El departamento proporciona esta carta como parte de su compromiso continuo con la equidad, la justicia económica y el combate ante políticas que contribuyen a la participación desproporcionada de las comunidades de bajos ingresos en el sistema de justicia.
La carta destaca una serie de cuestiones principales relacionadas con multas y honorarios, tal como la importancia de realizar una evaluación significativa de la capacidad de pagar antes de imponer consecuencias adversas por el incumplimiento de pago, considerar alternativas a multas y honorarios, proteger contra sanciones excesivas y garantizar la protección del debido proceso, incluida la asistencia de un abogado cuando corresponda.
La carta les recuerda a los sistemas de tribunales y a otros beneficiarios de asistencia financiera federal de sus obligaciones continuas de no discriminar por motivos de raza, color, origen nacional, religión, sexo y discapacidad; proporcionar acceso significativo a personas con dominio limitado del inglés; y garantizar que el mantenimiento adecuado de registros pueda ayudar a identificar y evitar posibles violaciones de las leyes federales contra la discriminación. El departamento también dará seguimiento a esta carta mediante la creación de una guía de mejores prácticas, destacando el trabajo innovador de los estados y los líderes judiciales en esta área.
"La justicia en los Estados Unidos no debe depender de los ingresos o antecedentes de uno", dijo la Fiscal General Asociada Vanita Gupta. "Las directrices actualizadas del Departamento de Justicia abordan las prácticas que afectan desproporcionadamente a las comunidades de bajos ingresos y a las personas de color, puedan atrapar a las personas y sus familias en patrones de pobreza y castigo, y pueden violar los derechos civiles de adultos y jóvenes por igual. Muchas jurisdicciones han hecho innovaciones para reducir la dependencia de multas y honorarios, y el Departamento de Justicia está aprovechando ese impulso para promover la igualdad de justicia y la seguridad pública para todos".
"La imposición sin restricciones de multas y honorarios en todo el país ha atrapado a las personas pobres, muchas de las cuales son personas de color, en un ciclo de aumento del endeudamiento, encarcelamiento innecesario y enredo debilitante en nuestro sistema de justicia", dijo la Fiscal General Adjunta Kristen Clarke de la División de Derechos Civiles del Departamento de Justicia. "Al enfrentar los daños que pueden resultar de la imposición agresiva de multas y honorarios, podemos poner fin a las prisiones de deudores y promover la igualdad de justicia ante la ley para todos. El Departamento de Justicia está preparado para ayudar a los tribunales y agencias de justicia juvenil a implementar reformas y prácticas que aborden las necesidades de seguridad pública para proteger los derechos civiles y constitucionales".
"Las obligaciones de satisfacer multas y honorarios suponen un efecto devastador en los adultos y jóvenes sujetos a pobreza y otras adversidades económicas, atrapando a muchos en un ciclo interminable de pobreza y endeudamiento", dijo la Directora Rachel Rossi de la Oficina de Acceso a la Justicia. "Estas obligaciones también pueden interferir con el acceso pleno y justo a nuestro sistema de justicia. Por estas razones, debemos permanecer vigilantes para evitar prácticas perjudiciales que no sirven a los intereses de la justicia. Esta carta es un paso importante en ese proceso constante".
"Las prácticas de honorarios y multas en los sistemas de justicia penal y justicia juvenil les imponen la carga más pesada a los que menos pueden pagar, sumergiéndolos más en el sistema de justicia", dijo la Fiscal General Adjunta Principal Amy L. Solomon de la Oficina de Programas de Justicia. "Vamos a colaborar con jurisdicciones de todo el país para poner fin o limitar estas prácticas injustas, para que los adultos y jóvenes en el sistema de justicia tengan la oportunidad que necesitan para avanzar en sus vidas".
En las próximas semanas, la Oficina de Asistencia Judicial también publicará una solicitud que busca un proveedor de entrenamiento y asistencia técnica para trabajar con un número selecto de jurisdicciones interesadas en comprender y reformar sus políticas y prácticas de multas y honorarios. El objetivo final es ayudar a estas jurisdicciones a reducir el uso de multas y honorarios injustos, y redirigir los recursos utilizados en estos sistemas hacia actividades con un mayor beneficio a la seguridad pública.
La carta se basa en principios constitucionales, incluidas las Enmiendas Sexta, Octava y Decimocuarta, así como en estatutos federales contra la discriminación, incluido el Título VI de la Ley de Derechos Civiles de 1964 (Título VI) y la Ley Ómnibus de Control del Crimen y Calles Seguras de 1968 (Ley de Calles Seguras). Una copia de la carta de hoy se puede encontrar aquí. Información adicional sobre el trabajo de la División de Derechos Civiles para defender y proteger los derechos civiles y constitucionales está disponible en línea en www.justice.gov/crt. Las denuncias sobre prácticas discriminatorias pueden ser reportadas a la División de Derechos Civiles a través de su portal de denuncias en Internet en civilrights.justice.gov.
El Departamento De Justicia Y La Epa Anuncian Acuerdos De La Ley De Aire Limpio Con Tres Procesadores De Gas NaturalRead the Press Release
El Departamento de Justicia y la Agencia de Protección Ambiental (EPA, por sus siglas en inglés) hoy anunciaron tres acuerdos separados con procesadores de gas natural que requerirán que las compañías paguen $9.25 millones combinados en multas civiles y hagan mejoras en 25 plantas procesadoras de gas y en 91 estaciones de compresores. Esos acuerdos reducirán la contaminación perjudicial del aire y mejorarán la calidad del aire en 12 estados, incluso en comunidades afectadas desproporcionadamente por la contaminación y en la nación indígena. Los estados de Alabama, Colorado, Louisiana, Dakota del Norte, Virginia del Oeste y Wyoming, y la Tribu de los Indios Ute del Sur, también están resolviendo reclamaciones contra las compañías.
Cuando estén completamente implementados, los acuerdos combinados con las compañías The Williams Companies, Inc., MPLX LP, y WES DJ Gathering LLC anteriormente conocida como Kerr-McGee Gathering LLC reducirán la contaminación que produce ozono en lo que se calcula que serán 953 toneladas al año y gases de efecto invernadero en 50,633 toneladas al año del equivalente de dióxido de carbono, incluso metano. Esta reducción equivale a quitar de las carreteras a 11,267 vehículos de pasajeros a base de gasolina por un año. Los acuerdos, presentados simultáneamente hoy en los Tribunales Federales del Distrito de Colorado y Utah, resuelven las acusaciones de que las compañías violaron la Ley de Aire Limpio y las leyes estatales de control de la contaminación de aire.
“Estos tres acuerdos mejorarán considerablemente la calidad del aire de comunidades en 12 estados y en la Nación Indígena”, dijo el Fiscal General Adjunto Todd Kim de la División de Recursos Naturales y Medioambiente del Departamento de Justicia. “El anuncio de hoy destaca el compromiso de esta administración para reducir la contaminación atmosférica nociva– incluso las emisiones que agravan los cambios climáticos – y brinda justicia ambiental a aquéllos que están afectados de manera desproporcionada”.
“La EPA continúa brindando aire más limpio a través de la aplicación rigurosa de la Ley de Aire Limpio”, dijo el administrador adjunto interino Larry Starfield de la Oficina de Cumplimiento y Garantía de Cumplimiento de la EPA. “Las fugas de válvulas, bombas y conectores en las plantas procesadoras de gas natural y las emisiones de las estaciones de compresores son una fuente considerable de la contaminación atmosférica dañina. Nosotros continuaremos responsabilizando a estas compañías y trabajando para reducir estas emisiones ilegales a la atmósfera”.
Los acuerdos presentados hoy abordan las acusaciones de que las compañías The Williams Companies, Inc., MPLX LP, y WES DJ Gathering LLC violaron las leyes federales y estatales de aire limpio relacionadas con los requisitos de detección y reparación de fugas (LDAR, por sus siglas en inglés) para las plantas procesadoras de gas natural en distintas instalaciones que poseen y operan en todo el país. Esas instalaciones emiten compuestos orgánicos volátiles (VOCs, por sus siglas en inglés), óxidos de nitrógeno (NOx, por sus siglas en inglés), contaminantes atmosféricos peligrosos tal como benceno y formaldehído y gases de efecto invernadero, de acuerdo con las denuncias presentadas en contra de las compañías.
Los compuestos orgánicos volátiles son componentes clave en la formación del esmog u ozono de nivel de suelo, un contaminante que irrita los pulmones, agravan las enfermedades como el asma. Y pueden aumentar la susceptibilidad a las enfermedades respiratorias, tales como la neumonía y la bronquitis. El óxido de nitrógeno reacciona con los compuestos orgánicos volátiles en la presencia de la luz solar para formar el ozono. Los niños, las personas con enfermedades respiratorias, las personas mayores y aquéllos que trabajan o se ejercitan al aire libre tienen un riesgo mayor de salir perjudicados al respirar el ozono.
Las emisiones en las instalaciones de los acusados también emiten gases de efecto invernadero, tales como metano, un potente gas incoloro e inodoro que es el principal componente del gas natural y el cual contribuye considerablemente al calentamiento global cuando se emite a la atmósfera. Vea https://www.epa.gov/ghgemissions/overview-greenhouse-gases (describe el equivalente del dióxido de carbono).
Según los acuerdos, las compañías gastarán aproximadamente $16 millones combinados en sus medidas de acatamiento. Para minimizar las emisiones en las plantas procesadoras de gas natural, los acusados instalarán y operarán nuevas tecnologías, así como también mejorarán y expandirán las técnicas de control existentes. Estos compromisos incluyen la instalación de equipos que tengan menos fugas, realizarán auditorías, revisarán el acatamiento de los requisitos de detección y reparación de fugas y repararán el equipo con fugas con más rapidez. Las compañías mejorarán la capacitación del personal para la detección y la reparación de fugas en sus instalaciones, y han acordado usar tecnología de imágenes ópticas de gases en sus instalaciones para mejorar la detección visual de fugas y repararlas rápidamente.
Por último, las compañías The Williams Companies, Inc., MPLX LP y WES DJ Gathering LLC implementarán proyectos adicionales para mitigar el perjuicio causado por el exceso de emisiones causadas por sus violaciones a la Ley de Aire Limpio. Esos proyectos varían de compañía en compañía, y puede encontrarse más información sobre cada proyecto en las Hojas de Datos adjuntas a este comunicado de prensa.
Los decretos de consentimiento presentados hoy son: Los Estados Unidos y colaboradores contra The Williams Companies, Inc., y colaboradores; Los Estados Unidos y colaboradores contra MPLX LP y Los Estados Unidos y colaboradores contra WES DJ Gathering LLC anteriormente conocida como Kerr-McGee Gathering LLC.
Para cada uno de los acuerdos individuales, los Estados Unidos publicarán un aviso de la presentación del decreto de consentimiento en el Tribunal de Distrito de los Estados Unidos en el Registro Federal y aceptará comentarios del público durante 30 días después de que se publique cada aviso. Los avisos del Registro Federal también incluirán instrucciones para enviar comentarios del público.
Los tres acuerdos con procesadoras de gas natural anunciados hoy son parte del continuo enfoque por parte de la EPA y el Departamento de Justicia por reducir la contaminación del aire proveniente de instalaciones de petroleo y gas natural. El anuncio de hoy se produjo tras el anuncio del 27 de marzo de 2023 por parte de la EPA, el Departamento de Justicia y el Departamento del Medio Ambiente de Nuevo México del acuerdo con la Matador Production Company, otro acuerdo histórico con una compañía de petróleo y gas natural.
Dubuque Man Sentenced to over 15 years for Distributing Heroin and Fentanyl Near a Local ParkRead the Press Release
A man who distributed heroin and fentanyl in Dubuque, Iowa, was sentenced on April 18, 2023, to more than 15 years in prison in federal court in Cedar Rapids.
Deandre P. Davis, age 33, formerly of Dubuque, Iowa, was convicted of conspiracy to distribute heroin and fentanyl and distribution of heroin and fentanyl within 1,000 feet of Hilltop Park in Dubuque, Iowa.
At his plea hearing, Davis admitted to engaging in a drug-related conspiracy to distribute heroin and fentanyl. In the fall of 2020, Davis coordinated with Nicole Jarvis and personally distributed heroin and fentanyl throughout the city of Dubuque.
Sentencing was held before United States District Court Judge C.J. Williams. Davis was sentenced to serve 188 months’ imprisonment and must serve a 12-year term of supervised release following his term of incarceration. There is no parole in the federal system. Davis remains in the custody of the United States Marshal until he can be transported to federal prison.
This case was investigated by the Dubuque Drug Task Force and was prosecuted by Assistant United States Attorney Jason D. Norwood.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 21-CR-1033-CJW.
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Disbarred Attorney Arrested for Involvement in Multi-Million-Dollar Fraud SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Michael J. Driscoll, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Ivan J. Arvelo, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced the arrest today of GERALD SHAW, a convicted felon and disbarred attorney, in connection with his involvement in a multi-million-dollar fraud scheme. SHAW is accused of serving as the purported “Chief Compliance Officer” for a purported financial institution, Dominion Bank and Trust Company Limited (“Dominion Bank”), which claimed to be able to extend financing for small businesses but, in fact, operated an advance fee fraud scheme. SHAW was arrested this morning in Claremont, California, and will be presented later today in the United States District Court for the Central District of California.
U.S. Attorney Damian Williams said: “As alleged, Gerald Shaw served as the supposed ‘Chief Compliance Officer’ for Dominion Bank, which held itself out as a legitimate financial institution that could extend or facilitate millions of dollars in financing for small businesses. But in fact, Dominion Bank was also a fraud. In his role, Shaw, a disbarred attorney and convicted felon, drafted financial instruments that were worthless. Shaw knew that Dominion Bank was a fraud, but he continued to draft these financial instruments anyway. Shaw now faces serious charges for his alleged crimes.”
FBI Assistant Director in Charge Michael J. Driscoll said: “The defendant is alleged to have participated in a scheme which defrauded clients of millions of dollars through the promise of financing in exchange for an advance fee. Complex financial frauds of this nature damage faith in our financial systems and institutions, and they can cause untold harm to the victims of the fraud. The FBI is dedicated to investigating individuals who operate unscrupulous businesses and ensuring that their crimes are answered for in the criminal justice system.”
HSI Special Agent in Charge Ivan J. Arvelo said: “As Dominion Bank and Trust’s purported Chief Compliance Officer, Gerald Shaw is alleged to have participated in a conspiracy that defrauded investors of millions of dollars through the issuance of fraudulent financial instruments. These types of crimes have devastating effects on the victims and can erode trust in the financial system. HSI will aggressively pursue individuals and organizations that perpetrate these fraudulent schemes to bring justice to the victims and restore faith in our financial institutions. I am especially grateful for the dedication and investigative acumen of HSI New York’s El Dorado Task Force and HSI Los Angeles for their support in this investigation.”
According to the allegations in the Complaint:[1]
From its formation in or about late 2015 until in or about July 2020, Dominion Bank (along with its affiliates) was a purported financial institution that claimed to be able to extend and facilitate financing for small businesses in exchange for an advanced fee or deposit. In fact, Dominion Bank operated an advance fee fraud scheme (the “Scheme”). As part of the fraud, Scheme members instructed victims to wire tens or hundreds of thousands of dollars to Dominion Bank as a deposit or servicing fee for future financing or credit based on representations that Dominion Bank could provide such services. Those representations were false. In fact, no financing existed; the victims did not receive the promised credit; and the victims were generally unable to get their money back, as Dominion Bank typically did not return funds to victims but, instead, kept victims’ money and, in some instances, even responded to refund requests by sending invoices for additional amounts. Dominion Bank defrauded at least approximately 60 victims in total (individual and corporate) out of more than approximately $4 million.
One way that Dominion Bank defrauded victims was by issuing them worthless financial instruments — such as a standby letter of credit (“SBLC”) — in exchange for large upfront payments. An SBLC is a legal document between a bank and its client, in which the bank vouches for the client’s creditworthiness and also becomes the guarantor, i.e., the bank promises that, if its client cannot meet its obligations, the bank will do so. Among other things, Dominion Bank lacked the assets necessary to issue such financial instruments. According to several victims of the Scheme, other financial institutions have described SBLCs issued by Dominion Bank as being worthless. As one victim explained, a potential counterparty described Dominion Bank’s SBLC as a “worthless piece of paper.” Another individual explained that a potential counterparty described Dominion Bank’s $4 million SBLC as not “worth the paper it’s printed on.”
From at least in or about October 2016 through in or about April 2020, Dominion Bank’s Chief Compliance Officer was SHAW. In that role, SHAW’s responsibilities included drafting various documents, including SBLCs, that were sent to victims in exchange for payments from the victims. In June 2018, SHAW sent an email to two Dominion Bank officers in which SHAW acknowledged that Dominion Bank lacked funds. SHAW wrote that Dominion Bank was “20 weeks behind” in paying SHAW’s “$500 a week salary,” and SHAW added that, “On several occasions, I have indicated to you that I know Dominion does not have the money to pay my $500 a week [salary].” Nonetheless, SHAW continued his involvement in the Scheme thereafter, despite his awareness that Dominion Bank was selling worthless financial instruments because it lacked the assets and ability to back up its representations. For instance, in December 2018, SHAW was involved in Dominion Bank’s issuance or sale of an approximately $50 million financial instrument and an approximately $25 million financial instrument. In each instance, Dominion Bank represented, as guarantor, that it had assets sufficient to cover each financial instrument when it did not.
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SHAW, 75, of Claremont, California, is charged with one count of conspiracy to commit wire fraud and one count of wire fraud, each of which carry a maximum potential prison sentence of 20 years.
The maximum potential penalties are prescribed by Congress and are 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 the FBI and HSI. He also thanked FBI Los Angeles, HSI Los Angeles, and the U.S. Attorney’s Office for the Central District of California for their assistance.
Mr. Williams also noted that the investigation is ongoing. If you believe you have information about the defendant, this case, or if you believe you are a victim of any crimes related to Dominion Bank, please email: [email protected].
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit and Money Laundering and Transnational Criminal Enterprises Unit. Assistant U.S. Attorneys Michael D. Neff and Sheb Swett are in charge of the prosecution.
The charges 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 below constitute only allegations, and every fact described should be treated as an allegation.
Detroit Resident Pleads Guilty to Pandemic Unemployment Insurance Fraud SchemeRead the Press Release
DETROIT, MI - A Detroit man pleaded guilty today to a wire fraud scheme in which he stole $297,000 of pandemic-related unemployment insurance benefits from the State of Michigan, announced United States Attorney Dawn N. Ison.
Joining in the announcement were Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General and Special Agent in Charge John Marengo of the United States Secret Service’s Detroit Field Office.
Terrell Heard, 33, pleaded guilty before United States District Judge Matthew F. Leitman.
According to court records, Heard committed fraud by obtaining pandemic unemployment assistance (PUA) to which he was not entitled. The plea documents indicate that in approximately April 2020, Heard began to submit electronic applications for PUA benefits to the State of Michigan in the names of various individuals without those individuals’ authorization. In some instances, the PUA benefits were sent to bank accounts Heard controlled. In other instances, the PUA benefits were loaded onto Bank of America debit cards which were then mailed to addresses to which Heard had access.
According to the plea papers, Heard continued submitting false claims to the Michigan Unemployment Insurance Agency until approximately July 2020. He managed to obtain approximately $297,000 from the agency as a result of this fraud, and has agreed to a money judgment forfeiting that amount as part of his plea agreement. He also agreed that his criminal conduct involved more than ten identity theft victims.
Sentencing is set for August 21, 2023 before Judge Leitman. Heard faces a maximum of twenty years in prison.
“Fraud involving COVID-19 relief programs is sadly widespread, both in our community and nationally,” U.S. Attorney Ison stated. My office alone has charged over 100 defendants with such crimes since the pandemic began. Today’s guilty plea marks another positive step in our ongoing effort to bring to justice those who defrauded pandemic assistance programs.”
“Terrell Heard engaged in an unemployment insurance fraud scheme targeted at the Michigan Unemployment Insurance Agency. Heard conspired to submit fraudulent unemployment insurance claims in the names of other individuals. Today’s guilty plea affirms the U.S. Department of Labor, Office of Inspector General’s commitment to ensuring the integrity of the unemployment insurance program. We will continue working with our law enforcement partners to aggressively investigate these types of allegations,” said Irene Lindow, Special Agent in Charge, Great Lakes Region, U.S. Department of Labor, Office of Inspector General.
“Thank you to the Department of Labor and the US Attorney’s Office for their continued support in prosecuting COVID relief fraud. The U.S. Secret Service will continue to work cases that impact our community,” said Special Agent in Charge Marengo.
The case is being prosecuted by Assistant United States Attorney John K. Neal. The investigation is being conducted jointly by the Department of Labor-Office of Inspector General and the Secret Service, with assistance from the Michigan Unemployment Insurance Agency.
Detroit Man Sentenced to More than 15 Years in Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Michael Henderson, 34, of Detroit, Michigan, was sentenced today to 15 years and eight months in prison, to be followed by five years of supervised release, for possession with intent to distribute 500 grams or more of methamphetamine.
According to court documents and statements made in court, on March 3, 2022, law enforcement officers conducted a traffic stop in downtown Charleston of a vehicle in which Henderson was a passenger. During the traffic stop, a police K-9 alerted to the presence of controlled substances in a duffel bag belonging to Henderson. Officers searched the bag and found approximately 5 pounds of methamphetamine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Metropolitan Drug Enforcement Network Team (MDENT).
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Monica D. Coleman prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-65.
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Clairton Drug User Pleads Guilty to Unlawful Possession of a FirearmRead the Press Release
PITTSBURGH, PA - A resident of Clairton, Pennsylvania, pleaded guilty in federal court to a charge of unlawful drug user in possession of a firearm, Acting United States Attorney Troy Rivetti announced today.
Tyrieke Hammonds, age 26, pleaded guilty to one count before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that in May of 2021, the Allegheny County Police were assisting the Clairton Police in an attempt to stop some of the shootings in that area that attributable to gang violence. On May 13, 2021, Allegheny County Police detective were patrolling in Clairton after a shooting earlier that day when they approached the defendant’s vehicle, which was also occupied by three other individuals, including Jamiel Green, who had two outstanding active warrants for his arrest.
As the detectives approached Hammonds’ vehicle to arrest Green, Green got of the vehicle and began to run. A detective tased him and found a gun on his person. At that time Green had two prior felony convictions, including an illegal gun possession conviction. When the detectives went back to Hammonds’ vehicle, the detectives smelled marijuana and observed that each of the three remaining occupants had a loaded firearm. A later search revealed three loaded firearms, more than $10,000 in cash, marijuana, and approximately 13 grams of a mixture containing fentanyl and cocaine.
Hammonds later admitted to possession of a firearm and that he was an unlawful user of marijuana. Federal law prohibits unlawful users of marijuana from possessing firearms.
Judge Bissoon scheduled sentencing for August 23, 2023. The law provides for a maximum total sentence of ten years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Allegheny County Police, with assistance from the Clairton Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives, conducted the investigation that led to the prosecution of Hammonds.
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.
Chicago Man Charged with Producing Child PornographyRead the Press Release
CHICAGO — A Chicago man has been charged with child pornography charges for allegedly enticing four minors to produce sexually explicit images.
MICHAEL RAMOS, 46, of Chicago, is charged with four counts of production of child pornography and one count of possession of an electronic device containing child pornography, according to an indictment returned in U.S. District Court in Chicago. Ramos is currently detained in federal custody. He pleaded not guilty to the charges during his arraignment before U.S. District Court Judge Sharon Johnson Coleman.
The indictment was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois; and Robert W. Wheeler, Jr., Special Agent-in-Charge of the Chicago Field Office of the Federal Bureau of Investigation. The government is represented by Assistant U.S. Attorney Bradley Tucker.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Each production count is punishable by a minimum sentence of 15 years in federal prison and a maximum of 30 years. The possession count carries a maximum sentence of ten years. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
If you believe you are a victim of sexual exploitation, you are encouraged to contact the National Center for Missing and Exploited Children by logging on to www.missingkids.com or by calling 1-800-843-5678. The service is available 24 hours a day, seven days a week. If you or someone you know may have been a victim of Michael Ramos, email the FBI at: [email protected]. All responses are voluntary, and all identities of victims will be kept confidential. Victims may be eligible for certain services, restitution, and rights under federal and/or state law.
Cherry Hill Gang Member Sentenced to over 21 Years in Federal Prison for Participating in Racketeering Conspiracy Including Murdering an Individual Believed to be a Rival Gang MemberRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III, today sentenced Travis Alewine, a/k/a “Sticks,” age 30, of Baltimore, Maryland, to 253 months in federal prison, followed by five years of supervised release for conspiracy to participate in a racketeering enterprise in connection with his membership in the “Hillside” gang, operating in the Cherry Hill neighborhood of Baltimore. Alewine admitted that as part of his gang activities, he participated in a murder.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Commissioner Michael Harrison of the Baltimore Police Department; and Chief Robert McCullough of the Baltimore County Police Department.
According to his guilty plea, Alewine was a member of “Hillside” a group which operated in the 600 block of Cherry Hill Road and other locations throughout Cherry Hill and in west and southwest Baltimore. Members of Hillside distributed powder and crack cocaine, heroin, oxycodone and marijuana, and used the proceeds of their narcotics sales to purchase firearms, to enrich themselves, and to further the activities of the organization, including narcotics trafficking. Hillside members operated stash houses in Cherry Hill to cut and package narcotics for distribution and committed acts of violence, including robberies, homicides, and non-fatal shootings.
As stated in Alewine’s plea agreement, Hillside members and associates have been in a long-running dispute with persons not part of the gang, including Up Da Hill (“UDH”), the Lakebrook Circle Boys, and others. Members and associates of Hillside have engaged in acts of violence, including murder, directed at members of these rival organizations, or persons who impeded on Hillside’s territory. Alewine knew members of Hillside sold narcotics and committed violent acts against rival gangs or others who impeded on Hillside’s territory. It was reasonably foreseeable to Alewine that Hillside was responsible for the distribution of between one and three kilograms of heroin; between 280 grams and 840 grams of crack cocaine; between five and 15 kilograms of cocaine; as well as marijuana and oxycodone.
As part of Alewine’s participation in the Hillside enterprise, Alewine and three other members of Hillside discharged a .45-caliber firearm, shooting and killing Anthony Cureton, whom they mistakenly believed was a member of UDH and attempted to murder another individual nearby; Alewine possessed firearms, including a loaded .380-caliber semi-automatic pistol and a loaded .44-caliber revolver; and he possessed with intent to distribute narcotics, as well as participated in the preparation of narcotics for sale.
All 21 defendants charged in this case have pleaded guilty to their roles in the conspiracy. Alewine and co-defendant Deaven Cherry fled after their indictment and were fugitives until their arrests in 2019 and 2020, respectively. Cherry was sentenced to 21 years in federal prison on April 17, 2023. The other Hillside co-defendants were sentenced to up to 30 years in federal prison.
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 make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
This case is also 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.
United States Attorney Erek L. Barron praised the ATF, the Baltimore Police Department, and the Baltimore County Police Department for their work in the investigation and thanked the U.S. Marshals Service for its assistance. Mr. Barron thanked Assistant United States Attorneys Patricia C. McLane and Brandon K. Moore, who are prosecuting the case. U.S. Attorney Barron also recognized Paralegal Specialist Andrew Murray for his assistance.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Charlotte Methamphetamine Trafficker Is Sentenced to PrisonRead the Press Release
CHARLOTTE, N.C. – Michael Separ, 40, of Charlotte, was sentenced to 10 years in prison today followed by five years of supervised release for trafficking methamphetamine, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
According to filed documents and today’s sentencing hearing, in July 2021, an investigation began into Separ’s drug distribution activities. On July 28, 2021, CMPD officers pulled over Separ’s vehicle for a traffic violation. Over the course of the traffic stop, Separ attempted to flee the scene. Following that incident, court documents show that officers conducted a search of Separ’s vehicle, seizing more than half a kilogram of methamphetamine, nearly half a kilogram of cocaine, almost a kilogram of marijuana, and four firearms and ammunition. On July 29, 2021, a search warrant was executed at Separ’s residence, and law enforcement seized more drugs, two additional firearms, and ammunition.
On November 16, 2022, Separ pleaded guilty to possession with intent to distribute methamphetamine. He is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, U.S. Attorney King credited an investigation led by the Western District’s Organized Crime Drug Enforcement Task Force (OCDETF), the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Charlotte Mecklenburg Police Department for their investigative efforts.
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.
Assistant United States Attorney Alfredo De La Rosa, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Cargo company fined for failing to screen for explosivesRead the Press Release
HOUSTON – A Texas company operating in Harris County has been ordered to pay a significant penalty after admitting they failed to comply with regulations regarding proper screening of cargo through Bush International Airport (IAH), announced U.S. Attorney Alamdar S. Hamdani.
Air Cargo Screening & Solutions LLC (ACSS) pleaded guilty June 7, 2022, admitting they made material false statements in relation to the proper screening of air cargo for explosives on commercial flights.
Today. U.S. District Judge Charles D. Eskridge ordered them to pay a $415,508.16 fine which included the profits for the screenings they did not conduct. The company will also be on probation for five years. At the hearing, the court noted these screening procedures were put in place after 9-11 to provide for the safety and security of passengers and air cargo and that ACSS had violated this trust.
“Checking packages for explosives, packages destined for aircraft carrying passengers, is vital to saving lives and protecting the national security,” said Hamdani. “Whether through significant fines or federal prison time, we will pursue those charged with such security who knowingly shirk that duty. Put simply, companies must answer for potentially putting lives and the nation at risk.”
The Aviation and Transpiration Security Act, passed two months after the Sept. 11, 2001, attacks, mandates the screening for explosives on cargo transported on passenger aircraft. To meet these requirements, Transportation Security Administration (TSA) established guidelines to certify facilities in the United States that screen cargo prior to tendering it to passenger aircraft.
Pursuant to this program, ACSS screened air cargo for domestic and foreign air carriers that traveled through IAH. However, a comparison of records from explosive trace detection machines and forms ACSS employees completed showed that ACSS falsified records, claiming they had screened 100 percent of the cargo passing through their facility when, in truth, they had not.
TSA conducted the investigation. Assistant U.S. Attorney Steven Schammel prosecuted the case.