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Monday 13 February 2023
Young Gunnerz Gang Member Sentenced for Drug & Gun PossessionRead the Press Release
LYNCHBURG, Va. – Najalaek Walker, 27, of Troy, New York, was sentenced this week to 48 months in federal prison after pleading guilty in October 2022 to one count of possession with the intent to distribute cocaine, one count of possession with the intent to distribute heroin, and one count of possession of a firearm by a convicted felon.
According to court documents, on November 27, 2021, members of the Lynchburg Police Department were notified that Walker was on a Greyhound bus and expected to stop in Lynchburg, Virginia. Walker was wanted by the state of New York for a parole violation at the time, and an extraditable warrant had been issued.
As he exited the bus, Walker dropped a food container he was holding which contained a Jimenez Arms 9mm pistol with 12 rounds of ammunition.
During his arrest, Walker was found in possession of numerous individually packaged bags containing heroin and cocaine, as well as an additional eight rounds of 9mm ammunition.
United States Attorney Christopher R. Kavanaugh of the Western District of Virginia and Special Agent in Charge of the FBI Richmond Division Stanley M. Meador made the announcement.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Lynchburg Police Department.
Assistant United States Attorney Charlene Day prosecuted the case for the United States.
Woman Sentenced to 2 Years in Federal Prison for 13 Year-Long Scheme to Embezzle Nearly $600,000 from Catholic Church and SchoolRead the Press Release
INDIANAPOLIS- Marie Carson, 72, of Indianapolis, Indiana, was sentenced to 2 years in federal prison after pleading guilty to wire fraud.
According to court documents, from 2008 to 2021, Carson illegally transferred approximately $573,836.59 from the business accounts of a Catholic church and related school in Indianapolis to her own personal bank accounts. During these thirteen years, Carson was employed at the parish as a business manager and was responsible for processing checks received from parishioners, conducting financial transactions on behalf of the church and school, and was the sole staff member in charge of managing the parish’s finances.
Carson’s scheme was exposed in November of 2021, when she was on leave from her position. Carson’s temporary replacement noticed suspicious transfers from the parish’s gaming account to an external bank account. Further investigation led to the location of over $289,000 in transfers to multiple accounts, including a phantom account created in the church’s name.
Carson was able to maintain the scheme by making false entries into the database used by the parish to track payments. A significant amount of money was used by Carson and her husband for casino gambling and an annual, month-long vacation to Florida.
The actual monetary loss is likely much higher, as Carson admitted to church officials that she began this scheme in 2004.
“For more than thirteen years, this defendant abused her position of trust to embezzle money from parishioners intended for a church and school,” said Zachary A. Myers, United States Attorney for the Southern District of Indiana. “Her greed and desire for lavish vacations outweighed her interest in following the dictates of our criminal laws and the teachings of her church, ‘thou shalt not steal.’ The sentence imposed today sends a clear message to those who might seek to steal, defraud, and embezzle: we will find you, you will be prosecuted, and you will be held accountable.”
“This scheme was fueled by pure greed. For more than a decade, the defendant abused the trust of the church and its parishioners to line her own pocket,” said FBI Indianapolis Special Agent in Charge Herbert J. Stapleton. “While she may have benefited in the short term, in the end this perpetrator’s deception landed her behind bars. The FBI and our partners will continue to identify and investigate those who engage in these types of illegal schemes and hold them accountable.”
The FBI investigated this case with valuable assistance provided by IMPD. The sentence was imposed by U.S. District Court Judge Chief Tanya Walton Pratt. Judge Pratt also ordered that Carson be supervised by the U.S. Probation Office for 2 years following her release from federal prison and that she pay $573,836.59 in restitution.
U.S. Attorney Myers thanked Assistant United States Attorney James M. Warden, who prosecuted this case.
West Virginia man faces COVID fraud charges after claiming lost earnings while incarceratedRead the Press Release
WHEELING, WEST VIRGINIA – A West Virginia man has been indicted on wire fraud charges after obtaining COVID relief money by claiming he was operating a food truck when he was actually in federal prison.
Anton Matthews, age 39, of Wheeling, has been charged with wire fraud after obtaining nearly $50,000 in CARES Act loans after misrepresenting his income and occupation. According to court documents, Matthews submitted a loan application in which he claimed to have established a food truck business in January 2019 and to have earned $103,000 in gross income in 2020. However, Matthews was in federal prison from November 2016 until October 2020, followed by a period of home confinement until March 2021.
“We will continue to aggressively pursue criminals who stole relief money that was meant to help Americans,” said United States Attorney William Ihlenfeld. “Mr. Matthews’ conduct was particularly brazen, but he will be held to account thanks to the excellent work of the FBI.”
On the same day COVID fraud charges were filed against him, Matthews was also indicted for drug trafficking. The drug case alleges that Matthews conspired with others to distribute cocaine both inside and outside of the Third Alarm Bar on Wheeling Island in Ohio County last fall. Matthews faces a total of four cocaine distribution charges.
Matthews is presumed innocent until and unless proven guilty.
Assistant U.S. Attorneys Jennie Conklin and Shawn Adkins are representing the government.
The fraud investigation was conducted by the Federal Bureau of Investigation.
The drug investigation was conducted by the Ohio Valley Drug Task Force, which includes officers from the Wheeling Police Department, the Ohio County Sheriff’s Office, the West Virginia State Police, and the Drug Enforcement Administration.
U.S. Marshals Capture over 800 Fugitives in Operation North StarRead the Press Release
The U.S. Marshals Service has concluded Operation North Star II (ONS II), a high-impact fugitive apprehension initiative aimed at combating violent crime in 10 cities with a significant number of homicides and shootings.
This 30-day initiative resulted in the arrest of 833 fugitives, violent criminals, sex offenders, and self-identified gang members in Albuquerque, New Mexico; Buffalo, New York; Cleveland and Columbus, Ohio; Detroit, Michigan; Jackson, Mississippi; Kansas City, Missouri; Milwaukee, Wisconsin; Oakland, California; and Puerto Rico.
ONS II focused on fugitives wanted for the most serious, violent, and harmful offenses including homicide, forcible sexual assault, robbery, or aggravated assault. ONS II investigators prioritized their efforts to include individuals using firearms in their crimes, or who exhibited risk factors associated with violence.
“The results of this operation should make clear that the Justice Department and our partners across the country will stop at nothing to find and bring to justice those responsible for violent crime,” said Attorney General Merrick B. Garland. “The U.S. Marshals Service, and the entire Justice Department, will continue to work in partnership with community leaders and law enforcement professionals nationwide to protect our communities.”
“The U.S. Marshals Service remains steadfast in its commitment to assisting law enforcement and community leaders at all levels to combat violent crime,” said Director Ronald Davis of the U.S. Marshals Service. “The success of ONS II is based on its laser focus on the most significant drivers of violence. We are confident that apprehending these offenders will bring a level of justice to their victims and contribute to the overall violence reduction efforts in each city and hopefully bring a level of justice to their victims.”
Throughout the month of January, the U.S. Marshals Service used its broad arrest authority and network of task forces to arrest individuals wanted on charges including 95 for homicide and 68 for sexual assault. In addition, investigators seized 181 firearms, more than $229,000 in currency, and more than 160 kilograms of illegal narcotics.
Notable arrests included:
Walter Abbott was arrested on Jan. 18 in Rio Rancho, New Mexico, by members of the Southwest Fugitive Task Force. Abbott was wanted in Sandoval County, New Mexico, for first-degree attempted homicide and aggravated burglary with a deadly weapon.
Paris Jackson was arrested on Jan. 31 in Buffalo, New York, by members of the New York/New Jersey Regional Fugitive Task Force. Jackson was wanted in Buffalo for second-degree criminal in possession of a weapon and for shooting at a police officer.
Gregory Kalvitz and Jessica Downing were arrested on Jan. 20 in Cleveland by members of the Northern Ohio Violent Fugitive Task Force. They were wanted in Henry County, Ohio, for interference of a custody warrant after taking an 8-year-old girl and fleeing.
Jermaine Westbrook was arrested on Jan. 26 in Parkersburg, West Virginia, by personnel from the U.S. Marshals Service Southern District of West Virginia, with assistance from members of the Southern Ohio Fugitive Apprehension Strike Team. Westbrook was wanted in Franklin County, Ohio, for felony assault, murder, and parole violation.
Richard Nichols was arrested on Jan. 30 in Albion, Michigan, by members of the Detroit Fugitive Apprehension Team. Nichols was wanted by the Michigan State Police for assault with intent to murder.
Gerard Parker was arrested on Jan. 26 in Harrison County, Mississippi, by members of the Gulf Coast Regional Fugitive Task Force. Parker was wanted in New Orleans for third-degree sexual assault and parole violations.
Aaron Payne was arrested on Jan. 18 in Kansas City, Missouri, by members of the Missouri Violent Fugitive Task Force. Payne was wanted in Tarrant County, Texas, for felony assault strangulation.
Antonio Jenkins was arrested on Jan. 13 in West Allis, Wisconsin, by members of the Great Lakes Regional Fugitive Task Force. Jenkins was wanted in Milwaukee for numerous charges including first-degree reckless endangering safety, felon in possession of a firearm, battery, and sale/possess/use/transport of a machine gun.
Michael Nguyen was arrested on Jan. 11 in Oakland, California, by members of the Pacific Southwest Regional Fugitive Task Force. Nguyen was wanted in Oakland for possession of illegal weapons, illegal manufacturing of weapons, and firing weapons.
Edwin Padilla-Lopez was arrested on Feb. 3 in Carolina, Puerto Rico, by members of the Puerto Rico Violent Offender Task Force and Puerto Rico Organized Crime Drug Enforcement Task Force. Padilla-Lopez was wanted in the District of Puerto Rico for conspiracy to distribute controlled substances in the municipalities of Caguas, Cidra, and Aguas Buenas.
The concept behind interagency law enforcement operations such as ONS II evolved largely from regional and district task forces. Since the 1980s, the U.S. Marshals Service has combined their resources and expertise with local, state, and federal agencies to find and apprehend dangerous fugitives.
For more information, visit www.usmarshals.gov. For ONS II photos, click here.
Two Bronx Men Sentenced to 14 and over 11 Years in Prison for Shooting Three Victims Near A PlaygroundRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that ROBERT WADE was sentenced to 168 months in prison and DARRIUS CHRISTOPHER was sentenced to 137 months in prison by U.S. District Judge Sidney H. Stein. CHRISTOPHER and WADE were each convicted, following trial, on December 7, 2022, of one count of possessing ammunition after having previously been convicted of a felony and one count of conspiracy to possess ammunition after having previously been convicted of a felony.
U.S. Attorney Damian Williams said: “Today’s sentence demonstrates that those who use illegal weapons to inflict violence in our community will be held accountable for their crimes. I thank our law enforcement partners in the New York City Police Department and the Drug Enforcement Administration for working with us to keep violent criminals off the streets and to keep our communities safe.”
According to evidence presented in court during the trial:
On October 25, 2019, minutes before 7:42 p.m., CHRISTOPHER and WADE were dropped off by a car on Ryer Avenue in the Bronx, New York, approximately one block north of Slattery Playground. CHRISTOPHER and WADE walked side-by-side southbound toward a group of approximately 10 young people gathered on the sidewalk next to Slattery Playground. As they approached the group from the opposite side of Ryer Avenue, CHRISTOPHER removed a handgun from his pocket and racked the weapon, readying it to fire. Soon after, CHRISTOPHER crossed the street and approached the group of people while WADE positioned himself on the opposite street of Ryer Avenue. When CHRISTOPHER was mere feet from the group, CHRISTOPHER and WADE both opened fire. CHRISTOPHER fired three shots while WADE fired seven bullets at the crowd. CHRISTOPHER and WADE hit three victims, all of whom received treatment from a local hospital that night and were released. CHRISTOPHER and WADE then made a prompt escape into a waiting getaway car a few blocks away.
Evidence at trial demonstrated that CHRISTOPHER and WADE were members of a gang and that one of the shooting victims had posted online video footage insulting rival gang members only hours before the shooting. CHRISTOPHER and WADE’s shooting was revenge for insults one of their victims lodged against their gang.
When imposing today’s sentences, Judge Stein described the defendants’ crime as “horrific.” Judge Stein further remarked he “couldn’t overstate the extreme gravity of this crime, shooting innocent bystanders” simply because the defendants “were called names.”
* * *
CHRISTOPHER, 31, of the Bronx, New York, had previously been convicted of three crimes, including attempted robbery in the second degree and attempted assault in the first degree. WADE, 34, of the Bronx, New York, had previously been convicted of four crimes, including assault in the second degree and attempted possession of a loaded firearm in the second degree. In addition to the prison term, CHRISTOPHER and WADE were sentenced to three years of supervised release.
Mr. Williams praised the outstanding investigative work of the New York City Police Department and the Drug Enforcement Administration in this investigation.
The prosecution is being handled by the Office’s Narcotics Unit. Assistant U.S. Attorneys Ryan B. Finkel and Mollie E. Bracewell are in charge of the prosecution.
Two Amazon Marketplace Sellers and Four Companies Plead Guilty to Price Fixing DVDs and Blu-Ray DiscsRead the Press Release
Two Amazon marketplace sellers and four of their companies have pleaded guilty to price fixing DVDs and Blu Ray Discs.
On Feb. 10 in U.S. District Court for the Eastern District of Tennessee, Bruce Fish of Hayfield, Minnesota, along with BDF Enterprises, Inc., a corporate entity owned by Fish, admitted to participating in a conspiracy to fix the prices of DVDs and Blu-Ray discs sold on the Amazon marketplace. Victor Btesh of Brooklyn, New York, and three New York corporate entities of which Btesh is the sole or majority owner, pleaded guilty to the same conspiracy on Feb. 9.
According to the plea agreements, Btesh and Fish, along with their four corporate entities, agreed with co-conspirators to raise and maintain the prices of DVDs and Blu-Rays sold in Amazon marketplace storefronts, resulting in those products being sold at collusive and noncompetitive prices. Amazon Marketplace is an e-commerce platform that enables third-party vendors to sell new or used products alongside Amazon’s own offerings. Amazon Marketplace is owned and operated by Amazon.com, Inc. The four corporate entities are the first corporate defendants to plead guilty and the owners are the fifth and sixth individuals in the scheme.
“As e-commerce has become a cornerstone of the economy, it is vital to protect fair and open competition in online marketplaces,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “Conspiring to fix prices, wherever that conduct may occur, harms competition. These guilty pleas demonstrate that the division remains committed to deterring, detecting, and prosecuting anticompetitive conduct across markets.”
“Cases like these demonstrate the FBI’s dedication to investigating those who look to operate outside of the law to conspire to fix prices in the consumer marketplace,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI and our law enforcement partners remain committed to protecting consumers against all forms of fraud, schemes and illegal activity, and bringing those who orchestrate these crimes to justice."
“Activities related to price fixing and collusion do not promote an environment conducive to open competition, ultimately harming the consumer,” said Executive Special Agent in Charge Kenneth Cleevely of the U.S. Postal Service (USPS) Office of Inspector General. “The guilty pleas in this case represent a win for all law enforcement agencies who investigate those who engage in this type of harmful conduct to ensure that justice is served.”
A criminal violation of the Sherman Act carries a statutory maximum penalty of 10 years in prison, a $1 million criminal fine for individuals, and a $100 million fine for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Antitrust Division’s Chicago Office and the U.S. Attorney’s Office for the Eastern District of Tennessee are prosecuting the case, which was investigated with the assistance of the FBI’s New York Field Office and the USPS Office of Inspector General’s Contract Fraud Investigations Division.
Anyone with information concerning price fixing or other anticompetitive conduct related to the sale of DVDs, Blu-Rays, or products sold through Amazon Marketplace should contact the Antitrust Division’s Chicago Office at 312-984-7200, Citizen Complaint Center at 888-647-3258 or www.justice.gov/atr/contact/newcase.html, FBI’s New York Field Office at 212-384-1000, or USPS OIG’s Fraud, Waste, & Misconduct Hotline at 888-877-7644.
Tulare County Woman Pleads Guilty to Distributing over 3 Pounds of MethamphetamineRead the Press Release
FRESNO, Calif. — Alma Sanchez, 50, of Alpaugh, pleaded guilty today to distributing methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Sanchez distributed methamphetamine on two occasions to a co‑conspirator, who then immediately resold the methamphetamine. On June 16, 2021, Sanchez distributed 1.5 pounds of methamphetamine, and on Jan. 31, 2022, she distributed 2 pounds of methamphetamine.
This case is the product of an investigation by the Drug Enforcement Administration, the Coalinga Police Department, the Tulare County Sheriff’s Office, the Tulare County High Intensity Drug Trafficking Area Unit (HIDTA), and the Fresno Police Department. Assistant U.S. Attorney Antonio J. Pataca is prosecuting the case.
Sanchez is scheduled to be sentenced by U.S. District Judge Jennifer L. Thurston on May 30, 2023. Sanchez faces a maximum statutory penalty of up to 20 years in prison and a $1 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
St. Louis Sex Offender Admits New Child Pornography ChargesRead the Press Release
ST. LOUIS – A registered sex offender from St. Louis, Missouri on Monday pleaded guilty to new child pornography charges.
Alimayo R. Darden, 33, pleaded guilty in U.S. District Court to three felony counts of possession of child pornography. He admitted that on May 11, he tried to hide an item from probation officers who were doing an unannounced home visit in connection to a 2016 child pornography conviction. Probation officers then discovered unauthorized cell phones, USB drives and other electronic equipment that were later determined to contain at least 10 videos containing child pornography.
Darden is scheduled to be sentenced May 16. He faces 10 to 20 years in prison and both sides agreed to recommend a 10-year sentence.
In 2016, Darden pleaded guilty in U.S. District Court in St. Louis to one count of receiving child pornography and four counts of possession of child pornography. He was sentenced to six years and eight months in prison and placed on supervised release for life.
The case was investigated by the U.S. Probation Office. Assistant U.S. Attorney Carrie Costantin 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 Department of Justice 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 www.justice.gov/psc.
St. Louis County Sex Offender Admits Online 'Baiting,' Child Pornography PossessionRead the Press Release
ST. LOUIS – A man from St. Louis County, Missouri on Monday admitted possessing child pornography and using a fake social media profile to bait people into sending him sexual images and videos.
Christopher D. Gruebbel, 37, pleaded guilty to one count of possession of child pornography.
In 2013, Gruebbel was sentenced to four years and three months in prison after pleading guilty to two counts of possession of child pornography. After his release from prison, he was placed on supervised release for life.
On multiple occasions in 2021, Gruebbel’s probation officer was unable to find him at his approved residence, later learning that Gruebbel had been evicted and was living with his mother without permission.
Probation officers then discovered that Gruebbel was in possession of multiple electronic devices without permission, including a laptop, a cell phone, an iPad and an iPod,.
An analysis of the devices showed that Gruebbel was using fake social media accounts and posing as a young female named “Hannah” to bait people into sending nude pictures and videos of themselves, his plea agreement says. Gruebbel also participated in chat rooms devoted to “baiting” others into providing sexual images.
A total of 50 images and 14 videos containing child pornography were found on the iPad, as well as 251 images and 117 videos that contained exploitative and/or suspected child pornography on Gruebbel’s electronic devices.
Gruebbel is scheduled to be sentenced in the new case May 16. The possession of child pornography charge to which Gruebbel pleaded guilty carries a mandatory minimum prison term of 10 years and is punishable by up to 20 years in prison, a $250,000 fine or both.
The case was investigated by the U.S. Probation Office and the FBI. Assistant U.S. Attorney Jonathan Clow 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 Department of Justice 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 www.justice.gov/psc.
Springfield Man Sentenced to 20 Years for Leading Heroin ConspiracyRead the Press Release
SRINGFIELD, Mo. – A Springfield, Mo., man was sentenced in federal court today for leading a conspiracy to distribute heroin.
Dawuan White, 48, was sentenced by U.S. District Judge M. Douglas Harpool to 20 years in federal prison without parole.
On April 26, 2022, White pleaded guilty to participating in a conspiracy to distribute heroin from Feb. 1, 2017, to Feb. 15, 2018. White admitted that he sold heroin to a confidential law enforcement source on three occasions in December 2017 and January 2018.
A task force officer contacted White, who was on foot near the intersection of Grant Avenue and Norton Road, on Feb. 15, 2018. White immediately began running. During the pursuit, the officer saw White throw two plastic bags. The officer caught up to White and arrested him, then located the two plastic bags, which contained 35.8 grams of heroin. The officer also searched a residence that investigators had determined to be a stash house for White, and found a plastic bag that contained 15.2 grams of heroin as well as drug paraphernalia.
White was on state parole for a drug-trafficking conviction during this federal investigation into his drug-trafficking conspiracy.
According to court documents, White provided heroin to his co-defendants to distribute. White is the sixth and final defendant to be sentenced in this case.
This case was prosecuted by Assistant U.S. Attorney Josephine L. Stockard. It was investigated by the Drug Enforcement Administration and the Springfield, Mo., Police Department.
Spacelabs Healthcare, LLC Agrees to Pay $2.5 Million to Settle Allegations it Overcharged Federal Agencies for Patient Monitoring EquipmentRead the Press Release
Spacelabs Healthcare, LLC (Spacelabs) has agreed to pay $2.5 million to resolve False Claims Act allegations that it overcharged the United States for patient monitoring equipment sold to the U.S. Department of Veterans Affairs (VA) and the Department of Defense.
“Those who do business with the United States must comply with their contractual commitments,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will ensure that the government gets the prices it bargained for when it cares for the health of our veterans and service members.”
The settlement announced today resolves allegations that from 2014 to 2019, Spacelabs failed to follow the Price Reductions Clause in a VA contract, which required Spacelabs to provide the government with certain lower prices offered to another customer, resulting in the government paying more than it should have for patient monitoring equipment. The settlement also resolves allegations that Spacelabs failed to follow a related clause in a Defense Logistics Agency contract.
“Federal contractors are expected to deal honestly with federal agencies and faithfully abide by the terms of their government contracts,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “This settlement demonstrates that our Office will diligently investigate and hold accountable those companies that fail to live up to their end of the bargain and unfairly overcharge taxpayers.”
“This settlement sends a clear message that the VA OIG will actively investigate allegations involving contractors overbilling for products provided to VA,” said Special Agent in Charge Kim R. Lampkins of the Department of Veterans Affairs Office of Inspector General’s Mid-Atlantic Field Office. “The VA OIG will continue to work with the Department of Justice and our law enforcement partners to ensure the integrity of VA programs and services.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Marci Gebhardt, a former Spacelabs Government Business Specialist, and Christopher Kelley, a former Spacelabs Government Accounts Manager. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. As part of this resolution, Gebhardt and Kelley will receive $437,500. The qui tam case is captioned United States ex rel. Gebhardt v. Spacelabs Healthcare, Inc., Civil Action Number 19-cv-03503 (D.D.C.).
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the United States Attorney’s Office for the District of Columbia, with assistance from the VA OIG.
The matter was handled by Senior Trial Attorney Greg Pearson and Assistant U.S. Attorney John Truong.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Simi Valley Man Sentenced to over 4 Years in Prison for Fraudulently Obtaining More Than $1 Million in COVID Business LoansRead the Press Release
LOS ANGELES – A Ventura County man who schemed with an Orange County man to illegally acquire disaster relief funds was sentenced today to 51 months in federal prison for fraudulently obtaining more than $1 million in loans intended to help businesses weather the COVID-19 pandemic’s economic fallout.
Manuel Asadurian, 66, of Simi Valley, was sentenced by United States District Judge Dale S. Fischer, who also ordered him to pay $1,071,222 in restitution.
Asadurian pleaded guilty in October 2022 to one count of wire fraud affecting a financial institution.
From April 2020 to January 2021, Asadurian and an accomplice, Jeffrey Scott Hedges, 51, of Irvine, schemed to fraudulently obtain federal disaster relief funds distributed through the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) programs that Congress intended to help businesses during the pandemic.
Asadurian lied to the United States Small Business Administration and federally insured financial institutions on a total of 12 PPP and EIDL loan applications, which were submitted on behalf of Asadurian-controlled businesses, including LTL Enterprises LLC, Redline Performance LLC, and Diamond A Motorsports. Hedges submitted 18 fraudulent PPP and EIDL applications on behalf of companies he controlled, including West Coast Chassis, WCC Pro Touring, Von Schoff Apparel, and Hedges Corvette.
The false information submitted by Asadurian and Hedges included the number of employees to whom the companies had paid wages, the amount of payroll expenses for the companies, and false certifications that the loans would be used for permissible business purposes. In support of the bogus applications, Asadurian and Hedges submitted false tax documents, payroll records and bank records that fraudulently inflated the number of employees and amount of payroll expenses and gross receipts associated with the companies.
Once the PPP and EIDL loan applications were approved, they were deposited in bank accounts Asadurian and Hedges controlled. Asadurian and Hedges then used the fraudulently obtained loans for their personal benefit, including making mortgage payments on a personal residence, paying living expenses and medical expenses, and purchasing luxury vehicles.
In total, Asadurian sought approximately $1,620,122 in PPP and EIDL loans and fraudulently obtained approximately $1,071,222 related to those loans.
In a related case, Hedges pleaded guilty in August 2022 to one count of conspiracy to commit wire fraud affecting a financial institution and one count of aggravated identity theft for his submission of fraudulent PPP and EIDL applications that sought approximately $5,288,476. Hedges received approximately $2,087,701 of those loan funds. On January 30, Judge Fischer sentenced Hedges to a term of seven years in federal prison and ordered him to pay $2,087,701 in restitution.
The Federal Deposit Insurance Corporation Office of Inspector General; the Federal Reserve Board Office of Inspector General; the FBI; IRS Criminal Investigation; Treasury Inspector General for Tax Administration; and the Small Business Administration investigated these matters.
Assistant United States Attorney Scott Paetty of the Major Frauds Section prosecuted these cases.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at (866) 720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Schenectady Man Pleads Guilty to Attempted Enticement of a MinorRead the Press Release
ALBANY, NEW YORK – Michael E. Robbins, II, age 27, of Schenectady, New York, pled guilty today to attempted coercion and enticement of a minor. United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.
Robbins admitted that between February and March 2021, he exchanged sexually explicit messages online with an undercover officer posing as a 12-year-old girl, in an attempt to entice the presumed child into engaging in sexual acts with him. Robbins admitted that he initiated the conversations with the presumed minor after locating her in an online chat group for teens in the (518) area code. Robbins further admitted that he arranged to meet the minor on March 18, 2021 at a location in Latham, New York, and he traveled from Rensselaer to Latham on that date with the intent to engage in sexual acts with the presumed 12-year-old child. Robbins was arrested by law enforcement shortly after arriving at the location.
Robbins pled guilty on the day his trial was supposed to begin.
United States District Judge Glenn T. Suddaby will sentence Robbins on July 13, 2023. Robbins faces at least 10 years and up to life in prison, a maximum fine of $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies, including the Colonie Police Department and the New York State Police. Assistant United States Attorneys Benjamin S. Clark and Michael D. Gadarian are prosecuting this case as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
San Joaquin County Man Pleads Guilty to Federal Gun and Drug ChargesRead the Press Release
FRESNO, Calif. — Alphonso Jimenez, 31, of Stockton, pleaded guilty today to possession with intent to distribute methamphetamine, cocaine, heroin, and fentanyl and using a firearm during and in relation to a drug trafficking crime, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in 2021, a team of local and federal law enforcement officers partnered in an investigation into the drug trafficking activities of Jimenez and co-defendant Erik D. Mendoza-Contreras, 33, of Stockton.
During the investigation and on multiple occasions, confidential sources working with law enforcement purchased several pounds of narcotics from Mendoza and Jimenez. On Feb. 23, 2022, Jimenez delivered 28 pounds of methamphetamine to Mendoza for further distribution to a customer. A subsequent search of Jimenez’s home recovered over 31 kilograms of methamphetamine, over 28 kilograms of cocaine, over 6 kilograms of heroin, over 350 grams of counterfeit M-30 pills containing fentanyl, approximately $297,000 in cash, and a firearm.
This case is the product of an investigation by the Drug Enforcement Administration and the San Joaquin County Metropolitan Narcotics Task Force. Assistant U.S. Attorney Antonio J. Pataca is prosecuting the case.
Charges are pending against Mendoza; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Jimenez is scheduled to be sentenced by U.S. District Judge Jennifer L. Thurston on May 30, 2023. Jimenez faces a mandatory minimum sentence of 15 years up to life in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Romance Fraud Awareness: A Great Gift for Valentine’s Day (or Any Day)Read the Press Release
CHARLESTON, W.Va. – Criminals attempt romance fraud schemes every day, but Valentine’s Day is a good opportunity to raise awareness and help protect yourself and loved ones.
Romance scams occur when a fake online identity is used to gain a victim’s affection and trust. The scammer then uses the illusion of a romantic or close relationship to manipulate and/or steal from the victim.
The Federal Bureau of Investigation’s Internet Crime Complaint Center (IC3) reports that in West Virginia, 103 victims lost roughly $3.4 million in 2022 to romance scams, also called confidence fraud. Nationwide, approximately 19,000 victims reported a loss of more than $700 million last year.
“Romance scams can prove costly in terms of money, but they also cause great emotional harm to victims and their families,” said United States Attorney Will Thompson of the Southern District of West Virginia. “It’s never too late to learn how to detect and avoid becoming a victim of a romance scheme. There’s never any shame in reporting a scam or seeking help: the techniques used by these criminals are often extremely sophisticated.”
Thompson added that his office expects to issue a significant educational resource targeting romance and elder fraud in the coming weeks.
Experts offer tips for flagging romance scams:
- Be careful what you post and make public online. Scammers can use details shared on social media and dating sites to better understand and target you.
- Beware if the individual seems too perfect or quickly asks you to leave a dating service or social media site to communicate directly.
- Beware if the individual attempts to isolate you from friends and family or requests inappropriate photos or financial information that could later be used to extort you.
- Beware if the individual promises to meet in person but then always comes up with an excuse why he or she can’t. If you haven’t met the person after a few months, for whatever reason, you have good reason to be suspicious.
- Never send money to anyone you have only communicated with online or by phone. Never provide your financial information or allow your bank accounts to be used for transfers of funds.
Requests for gift cards are also a red flag. The FBI has additional tips and information for protecting against romance and confidence fraud: https://www.fbi.gov/how-we-can-help-you/safety-resources/scams-and-safety/common-scams-and-crimes/romance-scams.
The FBI’s IC3 has numerous resources including an online complaint form: https://www.ic3.gov/Home/ComplaintChoice.
These schemes affect victims from all demographics, but elderly women are targeted most. The U.S. Department of Justice offers information through its Elder Justice Initiative and the Office of Victims of Crime: https://ovc.ojp.gov/program/stop-elder-fraud/providing-help-restoring-hope.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed 10 a.m.-6 p.m. Eastern Time, Monday-Friday. English, Spanish, and other languages are available.
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.
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Roanoke-Area ATM Scammer Sentenced to Additional 18 Months in PrisonRead the Press Release
ROANOKE, Va. – A member of a Romanian criminal organization, who traveled to the United States to conduct ATM skimming, was sentenced today to serve 18 months in prison, bringing his total period of incarceration for his offenses to 54 months.
Catalin Puscasu, 40, pleaded guilty in September 2022 to conspiracy to commit bank fraud, access device fraud, and aggravated identity theft.
According to court documents, between December 2018 and March 2019, Puscasu and others worked together to obtain personal identifying information, including debit and credit card numbers as well as PINs from bank customers and used that data to make unauthorized cash withdrawals from the accounts of these victims and use the victims’ credit for their personal gain.
Specifically, this group used “skimming devices” installed on ATMs at federally-insured banks throughout the Western District of Virginia to steal customers’ PINS and account numbers using small hidden cameras. They then took this information, re-encoded it onto blank cards, and used those cards to withdraw money.
In March 2019, Puscasu was arrested in Michigan for committing similar offenses. After serving 36 months in prison in the Eastern District of Michigan, he was returned to the Western District of Virginia to be sentenced for his fraudulent activity in and around the Roanoke area.
In addition to prison time, Puscasu was also ordered to pay restitution to the impacted banks.
United States Attorney Christopher R. Kavanaugh made the announcement.
The United States Secret Service, the Botetourt County Sheriff’s Office, the Roanoke County Police Department, the Campbell County Police Department, the Henry County Sheriff’s Office, the Farmville Police Department, the Patrick County Sheriff’s Office, the Blacksburg Police Department, and the Lynchburg Police Department investigated the case.
Assistant U.S. Attorney Coleman Adams prosecuted the case.
Roanoke Area Drug Dealer Sentenced to 60 Months in PrisonRead the Press Release
Shakeem Malik Hunt, 28, pleaded guilty in October 2022 to one count of distributing 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine.
According to court documents, Hunt distributed over 200 grams of methamphetamine to a single individual on January 6, 2022. Recently, Hunt had previously distributed over 500 grams of methamphetamine and 60 grams of cocaine to this same individual.
United States Attorney Christopher R. Kavanaugh made the announcement today.
The Federal Bureau of Investigation (FBI), the High Intensity Drug Trafficking Area Task Force (HIDTA), the Virginia State Police, the Roanoke City and County Police Departments, and the City of Salem Police Department investigated the case.
Assistant U.S. Attorney Coleman Adams prosecuted the case.
Redding Man Sentenced for Serial Arsons in Shasta-Trinity National ForestRead the Press Release
SACRAMENTO, Calif. — Eric Michael Smith, 41, of Redding, was sentenced today to two years and six months in prison and ordered to pay $19,071 in restitution to the U.S. Forest Service for being a serial arsonist in the Shasta-Trinity National Forest, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between June 2019 and July 2020, Smith set no less than 11 fires on national forest land. Smith also admitted to abandoning at least 11 campfires on national forest land during this same general period.
Smith used virtually undetectable ignition sources, such as cigarette lighters and handheld torches, to start his wildfires in remote locations of the national forest. Many of the fires Smith admitted to setting began in the early morning hours of the day, making detection and firefighting by authorities potentially more challenging. One of the fires set by Smith in July 2020 burned so close to Interstate 5 near Turntable Bay Road that first responders closed a portion of the highway to prevent the blaze from burning numerous vehicles and residences on the other side of the interstate.
Smith was arrested in late July 2020, following an extensive investigation in which law enforcement agents installed a tracking device on his vehicle to monitor his movements and surveilled him for days.
This case was the product of an investigation by the U.S. Forest Service and the California Department of Forestry and Fire Protection. Assistant U.S. Attorney Sam Stefanki prosecuted the case.
Red Lake Man Pleads Guilty to AssaultRead the Press Release
MINNEAPOLIS – A Red Lake man has pleaded guilty to one count of assault resulting in serious bodily injury, announced U.S. Attorney Andrew M. Luger.
According to court documents, on March 10, 2022, Devin Anthony Sumner, 20, and the victim had been involved in a relationship. In the early morning, and while in his car, Sumner became angry at the victim and began to physically assault the victim by slapping and punching. During the assault, Sumner grabbed a 12-gauge G-Force Arms shotgun and repeatedly hit the victim on the hands and body with the shotgun. As a result of being hit with the shotgun, the victim sustained serious bodily injuries including a broken and fractured hand, multiple lacerations, and bruises, all of which necessitated emergency hospital treatment and eventual surgery.
Sumner pleaded guilty on February 9, 2023, before U.S. District Court Chief Judge Patrick J. Schiltz to one count of assault resulting in serious bodily injury. Sentencing is scheduled for June 13, 2023.
This case is the result of an investigation conducted by the Red Lake Police Department and the Federal Bureau of Investigation’s Headwaters Safe Trails Task Force.
This case is being prosecuted by Assistant U.S. Attorneys Evan B. Gilead and Emily A. Polachek.
Putnam County Man Pleads Guilty to Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – George Daren Hall, also known as “Pops,” 47, of Nitro, pleaded guilty today to distribution of a quantity of a mixture and substance containing a detectable amount of methamphetamine.
According to court documents and statements made in court, on March 10, 2022, Hall sold approximately 65 grams of methamphetamine to a confidential informant outside of a Nitro residence.
Hall is scheduled to be sentenced on May 15, 2023, and faces a maximum penalty of 20 years in prison, three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA) and the West Virginia State Police Ona Violent Crime and Drug Task Force West.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie S. Taylor is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:22-cr-166.
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Previously Convicted Sex Offender Sentenced to 50 Years in Federal Prison for Sexually Abusing Five Minor Victims and Recording the Sexual Abuse over 13 YearsRead the Press Release
Baltimore, Maryland – Chief U.S. District Judge James K. Bredar sentenced Garnell Eugene Graves, age 59, of Baltimore, to 50 years in federal prison, followed by lifetime supervised release, for four counts of sexual exploitation of a child related to his sexual abuse of five minor victims. The sentence was imposed late on February 10, 2023.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Baltimore City State’s Attorney Ivan J. Bates, and Commissioner Michael Harrison of the Baltimore Police Department.
According to his guilty plea, from 2007 to 2020, Graves sexually abused five minors between the ages of 6 and 13 years old. Beginning in 2007, Graves regularly sexually abused Minor Victim 1 from the time she was eight until she was 11 years old—and continued to exploit her until she was 16 years old. Graves recorded some of the sexual encounters and sometimes showed Minor Victim 1 the videos of the abuse. Graves also often gave Minor Victim 1 gifts, including a smartphone, in exchange for her “forgiveness” and to encourage her not to inform her mother. Additionally, Graves placed a hidden camera in Minor Victim 1’s bedroom and recorded videos of Minor Victim 1 in various stages of undress.
Graves admitted that he sexually abused Minor Victim 2 when Minor Victim 2 was 12 years old. On three occasions, Graves photographed himself sexually abusing Minor Victim 2, who appeared to be sleeping at the time.
As detailed in the plea agreement, Graves sexually abused Minor Victim 3 from age 6 through age 13. In at least one instance, Graves told Minor Victim 3 that they would get married and have children in the future. Graves also showed Minor Victim 3 images of Graves and Minor Victim 1 engaging in sex acts that were taken during his abuse of Minor Victim 1. Graves admitted that to conceal his conduct and prevent Minor Victim 3 from disclosing Graves’ abuse to others, Graves provided Minor Victim 3 with food, money, and other gifts. When Minor Victim 3 tried to end the abuse, Graves threatened Minor Victim 3 by telling her that if she stopped, he would abuse Minor Victim 5. As a result, Graves continued to abuse Minor Victim 3—and ultimately sexually abused Minor Victim 5 anyway. On at least 11 instances between 2014 and 2017, Graves sexually abused Minor Victim 3 and produced videos and images documenting that abuse.
Graves further admitted that he sexually abused Minor Victim 4 when she was between 9 and 10-years old. In 2017, Graves produced ten images Minor Victim 4 laying on a bed with her genitals exposed. The images were located on Graves’ digital devices. As he had previously done with Minor Victim 1, Graves showed pornography to Minor Victim 3 and Minor Victim 4 on a social media platform and told the victims of his desire to engage in the same conduct with them.
Graves also admitted that he sexually abused Minor Victim 5. Specifically, when Minor Victim 5 was approximately 6 or 7 years old, Graves entered the room where she was sleeping and took Minor Victim 5 to another room, where he sexually abused her. After the encounter, Graves instructed Minor Victim 5 not to tell anyone.
The videos and images documenting Graves’ abuse of Minor Victims 1, 2, 3, and 4, were located on his digital devices after his arrest in December 2020.
Graves has two previous convictions related to his sexual abuse of two other minor victims. Specifically, in 1991, Graves was convicted of taking indecent liberties with a minor child in the Superior Court of the District of Columbia. In 1998, Graves was convicted of sexual offense in the third-degree involving another victim, in the Circuit Court for Prince George’s County, Maryland.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Erek L. Barron commended the FBI, the Baltimore City State’s Attorney’s Office, and the Baltimore Police Department for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Paul E. Budlow, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Poplar man sentenced to 38 months in prison for assaulting officer with hammerRead the Press Release
GREAT FALLS — A Poplar man who admitted to hitting a police officer in the head with a hammer as law enforcement was responding to an assault at his home was sentenced today to 38 months in prison, to be followed by two years of supervised release, U.S. Attorney Jesse Laslovich said.
Nolan James Hendrickson, 34, pleaded guilty in September 2022 to assault with a dangerous weapon.
Chief U.S. District Judge Brian M. Morris presided.
In court documents, the government alleged that in March 2022 on the Fort Peck Indian Reservation, Hendrickson assaulted and strangled a woman, identified as Jane Doe 1, at his mother’s apartment. Police responded and found Hendrickson strangling Jane Doe 1. The victim, identified as Jane Doe 2, a police officer, tried to stop the assault, but Hendrickson lunged at the officer and hit her in the face with a hammer. Another responding officer fired a round at Hendrickson but missed. As police arrested Hendrickson, he continued to be combative. Hendrickson acknowledged he had been using alcohol and methamphetamine. The victim was treated for injuries from the hammer assault.
Assistant U.S. Attorney Jessica A. Betley prosecuted the case, which was investigated by the FBI, Bureau of Indian Affairs, Roosevelt County Sheriff’s Office and Fort Peck Department of Law and Justice.
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Owner of San Bernardino County-Based Construction Firm Sentenced to 2 Years in Federal Prison for Failing to Report $4.8 Million to IRSRead the Press Release
LOS ANGELES – The owner of an Inland Empire business was sentenced today to 24 months in federal prison for filing false tax returns that failed to report more than $4.8 million in income over a five-year period, resulting in his failure to pay $1.6 million in taxes due to the IRS.
Liang Tai Chen, 62, the owner of the Chino-based construction company Mass Development Inc. (MDI), who is identified in court documents as a resident of Los Angeles County, was sentenced by United States District Judge Marc C. Scarsi. Judge Scarsi also ordered Chen to pay $1,642,935 in restitution.
Chen pleaded guilty in September 2022 to one count of aiding and assisting in the preparation of a false income tax return.
From January 2013 through October 2017, Chen oversaw MDI’s daily business activities and was listed as the owner of MDI on its financial documents. To conceal income, Chen deposited only a portion of the checks made payable to MDI into the company’s bank account and then cashed nearly $5 million of additional checks made payable to MDI at a bank and a local liquor store that offered check-cashing services.
In relation to MDI’s federal tax returns, Chen provided the tax return preparer with statements from MDI’s business bank account and falsely advised the tax return preparer that all of MDI’s income had been deposited into the business bank account.
By failing to tell MDI’s return preparer that he had cashed a substantial portion of business checks made payable to MDI, Chen caused MDI to falsely report its gross receipts to the IRS. This underreporting resulted in an underpayment of federal taxes totaling $1,642,935.
“[Chen’s] conduct was the result of his intentional choices and actions as a mature (he was in his 50s) and highly educated adult (master’s degree and degree in civil engineering) over a period of years, as opposed to a single aberrant or opportune act, in which [Chen] repeatedly filed false tax returns,” prosecutors argued in a sentencing memorandum.
IRS Criminal Investigation investigated this matter.
Assistant United States Attorney Steven M. Arkow of the Major Frauds Section prosecuted this case.
Ohio Man Sentenced to Prison for Federal Gun and Drug CrimesRead the Press Release
HUNTINGTON, W.Va. – Austin Bruce Jeffreys, 28, of Chesapeake, Ohio, was sentenced today to nine years and four months in prison, to be followed by five years of supervised release, for crimes arising from a drug-related June 2021 shootout in Huntington.
According to court documents and statements made in court, on June 14, 2021, Jeffreys spoke by phone with an inmate at the Western Regional Jail. The calls were recorded. The inmate asked Jeffreys to go to a Huntington residence and retrieve a quantity of suboxone that belonged to the inmate, but was in the possession of another person. Jeffreys admitted that he told the inmate he would be carrying a loaded Bersa Thunder .380-caliber Combat pistol while retrieving the drugs.
When Jeffreys and another individual arrived at the Huntington residence, a shootout occurred before Jeffreys could recover the drugs. After the shooting, Jeffreys made another recorded phone call with the inmate and admitted to his role in the shooting. Several days later, Jeffreys was arrested and once again admitted to his role in the shooting and further admitted that he knew the drugs he tried to recover were intended for distribution.
Jeffreys pleaded guilty to using and carrying a firearm during and in relation to a drug trafficking crime and conspiracy to use and carry a firearm during and in relation to a drug trafficking crime. The inmate, Jacob Benjamin Loper, 21, pleaded guilty to attempted possession with intent to distribute suboxone and conspiracy to use a firearm in furtherance of a drug trafficking crime. Loper was sentenced to two years and six months in prison on May 9, 2022.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the West Virginia State Police, the Huntington Police Department, and the West Virginia Division of Corrections and Rehabilitation Investigations Unit.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Ryan A. Keefe prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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. 3:21-cr-216.
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Mexican National Pleads Guilty to Poly-Drug Trafficking ConspiracyRead the Press Release
FRESNO, Calif. — Jose Monge-Ponce, aka Ramon Maciel-Ponce, aka Jose Ponce (Ponce), 33, of Mexico, entered a guilty plea today to conspiring to manufacture, to distribute and to possess with intent to distribute methamphetamine, cocaine, heroin, and marijuana, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in January 2019, law enforcement officers executed a search warrant at an unoccupied residence in Madera and found a methamphetamine lab, along with 10 pounds of finished methamphetamine, 4 pounds of heroin, 1 pound of cocaine, and 25 pounds of marijuana. Ponce, Oscar Rene Marrot-Garcia, 30, of Chowchilla, and Francisco Alcantar-Miranda, 34, of Mexico were also inside, and Ponce was in possession of an unregistered firearm, three cellphones, and pay-owe sheets.
Alcantar and Marrot previously entered guilty pleas and were sentenced to 10 years and six and one half years, respectively.
Ponce is scheduled for sentencing before U.S. District Judge Jennifer L. Thurston on May 22, 2023. Ponce faces a mandatory minimum statutory penalty of 10 years in prison and a maximum statutory penalty of life in prison, along with a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the Madera County Sheriff’s Office Narcotic Enforcement Team (MADNET), and the High Intensity Drug Trafficking Area (HIDTA) High Impact Investigation Team (HITT), consisting of agents of Homeland Security Investigations, the California Department of Justice, the California Highway Patrol, the Sheriff’s Offices of Fresno, Tulare, and King Counties, and the Fresno Police Department. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Memphis Man Sentenced to 15 Years for Fentanyl and Firearm OffensesRead the Press Release
Memphis, TN – Darius Harshaw, 36, has been sentenced to 15 years in federal prison for possession with intent to distribute 400 grams of fentanyl and for possession of a firearm in furtherance of drug trafficking. United States Attorney Kevin G. Ritz announced the sentence today.
According to the information presented in court, in August 2021, the Tennessee Bureau of Investigation jointly with the Shelby County Sheriff’s Office began investigating Darius Harshaw. On September 15, 2021, officers executed a search warrant where Harshaw resided and located numerous narcotics, including 873 grams of fentanyl, a firearm, and a money counter.
As a result of his prior felony history, Harshaw is prohibited by federal law from possessing a firearm.
Harshaw pled guilty to ownership of the narcotics and the firearm on November 7, 2022.
On February 9, 2023, United States District Judge Jon P. McCalla sentenced Harshaw to 180 months in federal prison to be followed by five years of supervised release. There is no parole in the federal system.
This case was jointly investigated by the Tennessee Bureau of Investigation and the Shelby County Sheriff’s Office, with assistance of ATF and the Department of Homeland Security Investigation.
United States Attorney Kevin Ritz thanked Assistant United States Attorney Gregory Allen, who prosecuted this case, as well as law enforcement partners who investigated the case.
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For more information, please contact Public Information Officer Cherri Green at (901) 544-4231 or [email protected]. Follow @WDTNNews on Twitter for office news and updates.
Man Pleads Guilty to Strangling his Dating PartnerRead the Press Release
A man pleaded guilty in federal court Monday to a December attack on his girlfriend, announced U.S. Attorney Clint Johnson.
Imari Jamil Hines, 36, of Owasso, pleaded guilty to assault of an intimate/dating partner by strangling and suffocating in Indian Country.
In the early morning hours of Dec. 16, 2022, Hines and the victim got into an argument that turned physical inside the victim’s apartment. According to court documents, the victim told police that when the confrontation escalated, Hines pushed the victim and began strangling her. He then punched the victim in the face and banged her head on the ground repeatedly. The victim reported that she was able to flee the apartment, and Hines left the scene in her vehicle.
Officers observed bruising and red marks on the victim’s neck and petechiae in the victim’s eyes consistent with being strangled. They also noted the victim suffered a black eye and bruising on her face.
The FBI, Tulsa Police Department and Owasso Police Department conducted the investigation. Assistant U.S. Attorney Niko A. Boulieris is prosecuting the case.
Leader of Drug Trafficking Organization Pleads Guilty to Trafficking Thousands of Kilograms of CocaineRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that CAMILO ENRIQUEZ-NUNEZ, a/k/a “Viejo,” the leader of a drug trafficking organization that distributed thousands of kilograms of cocaine, pled guilty today in Manhattan federal court before U.S. District Judge Paul A. Engelmayer to conspiring to distribute more than 5,000 kilograms of cocaine.
U.S. Attorney Damian Williams said: “Thanks to our partners at the DEA, approximately 1,300 kilograms of cocaine was seized before it could hit the streets. Now, the leader of this major trafficking organization has been held accountable for his crimes.”
According to the allegations in the Superseding Information and other filings and statements made in court:
ENRIQUEZ-NUNEZ controlled a drug trafficking organization (the “DTO”) responsible for trafficking more than 5,000 kilograms of cocaine from Puerto Rico to the mainland United States.
On September 29, 2021, law enforcement officers seized 920 kilograms — more than one ton — of cocaine belonging to the DTO in New Jersey. Three defendants were arrested in New Jersey along with that seizure.
On July 18, 2022, ENRIQUEZ-NUNEZ was arrested in Puerto Rico. At approximately the same time as the arrest, law enforcement also seized approximately 380 kilograms of additional cocaine, four assault rifles, and $750,000 in cash belonging to the DTO.
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ENRIQUEZ-NUNEZ, 43, of Puerto Rico, pled guilty to one count of conspiracy to distribute and possess with intent to distribute cocaine, which carries a maximum potential sentence of life in prison.
The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as the sentencing of the defendant will be determined by a judge. Sentencing before Judge Engelmayer is scheduled for May 30, 2023, at 11:00 a.m.
Mr. Williams praised the outstanding investigative work of the Drug Enforcement Administration.
The case is being prosecuted by the Office’s Narcotics Unit. Assistant U.S. Attorneys Samuel P. Rothschild, Kevin Mead, and Marguerite B. Colson are in charge of the prosecution.
Kern County Resident Sentenced to 9 Years in Prison for Role in Disability Benefits Fraud Scheme and Money LaunderingRead the Press Release
FRESNO, Calif. — Javier Jimenez Alvarez, 52, of Arvin, was sentenced today to nine years in prison and ordered to pay $3,397,775 in restitution for one count of conspiracy to commit mail and wire fraud and one count of conspiracy to launder money, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between March 31, 2010, and March 11, 2015, Jimenez Alvarez and others submitted claims to the California Employment Development Department (EDD) seeking disability benefits for other individuals who were not entitled to disability benefits. After submitting the false claims, Jimenez Alvarez and others would receive debit cards loaded with disability benefits and withdrew those benefits from the accounts for cash. As part of this fraud, Jimenez Alvarez and others would also respond to EDD requests for supplemental information, causing EDD to provide additional benefits to the debit cards. Additionally, Jimenez Alvarez knowingly and intentionally attempted to conceal these transactions and convert all of the stolen funds into cash.
This case was the product of an investigation by the Internal Revenue Service-Criminal Investigation, Homeland Security Investigations, the California Employment Development Department, the Kern County Sheriff’s Office, and the California Department of Motor Vehicles. Assistant U.S. Attorney Alexandre Dempsey prosecuted the case.
Kern County Man Charged in Operation Red Reaper Pleads Guilty to Trafficking MethamphetamineRead the Press Release
Calif. — Ernesto Zibray, 34, of Delano, pleaded guilty today to distribution of over 500 grams of methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Zibray was charged as part of Operation Red Reaper, a multi-agency operation that resulted in three federal cases charging a total of 23 individuals. The months-long investigation uncovered evidence that the Nuestra Familia prison gang and its associates were responsible for large-scale trafficking of methamphetamine and other controlled substances, as well as various firearms offenses and other violent crimes in Kings and Tulare Counties.
According to court documents, on May 6, 2019, Zibray, who was on probation for another offense, distributed 2 pounds of methamphetamine to co-defendant, Tiffany Feller, in Delano. Moments later, investigators conducted a traffic stop on the car in which Feller was traveling, searched the car, and found the methamphetamine. Zibray was arrested in June 2019.
This case is the product of an investigation by the Kings County Gang Task Force, the California Department of Justice, the California Highway Patrol, the California Department of Corrections and Rehabilitation, the FBI, the Kings County District Attorney’s Office, and the Tulare County Sheriff’s Office. Assistant U.S. Attorneys Justin J. Gilio and Kimberly A. Sanchez are prosecuting the case.
Zibray is scheduled to be sentenced by U.S. District Judge Ana de Alba on May 22, 2023. Zebray faces a mandatory minimum sentence of 10 years in prison, a maximum sentence of life in prison, and a fine up to $10 million. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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 www.justice.gov/OCDETF.
Justice Department Brings Awareness to Teen Dating ViolenceRead the Press Release
SAN ANTONIO – February is Teen Dating Violence Awareness Month. The Justice Department’s Office of Violence Against Women (OVW) will hold an observance event Tuesday, Feb. 14, 2023 at 11am EST.
The event will be open to the public in a virtual format and will feature remarks from Associate Attorney General Vanita Gupta and OVW Director Allison Randall along with presentations by youth leaders from Jewish Women’s International, MCSR and other organizations engaged in violence prevention efforts.
Join OVW and its guests at www.justice.gov/live to take part in this vital initiative and bring awareness to teen dating violence.
If you are experiencing or have experienced domestic violence, sexual assault, stalking, dating violence, or other forms of related abuse, help is available. Call the Teen Dating Abuse Hotline at 1-866-331-9474; Victim Connect at 1-855-484-2846; or the National Domestic Violence Hotline at 1-800-656-4673.
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Jury Finds St. Petersburg Man Guilty of Fraud Scheme to Strip Liens from Vehicles and Obtain Clear TitlesRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Jonathan Daniels (44, St. Petersburg) guilty of conspiracy to commit wire fraud, wire fraud, and aggravated identity theft. Daniels faces a maximum penalty of 62 years in federal prison. His sentencing hearing is scheduled for May 5, 2023. Daniels had been indicted on August 25, 2021.
According to testimony and evidence presented at trial, Daniels and his co-conspirators were involved in a fraud scheme to strip bank liens from 100 vehicles and obtain clear titles to the vehicles. The conspirators submitted fraudulent and counterfeit documents and fake certified mail receipts to tax collector offices in Florida to make it look like the vehicles had towing and storage liens, which enabled the conspirators to obtain clear titles to the vehicles and sell the vehicles to unsuspecting buyers for profit.
One of Daniels’s co-conspirators, Ian McGeehan, has pleaded guilty. His sentencing is scheduled for May 4, 2023.
This case was investigated by the U.S. Secret Service, the U.S. Postal Inspection Service, and the Florida Highway Patrol. It is being prosecuted by Assistant United States Attorney Jennifer L. Peresie.
Jury Finds Felon Guilty of Possessing Firearm and Multiple Bags of Drugs for DistributionRead the Press Release
Orlando, FL – United States Attorney Roger B. Handberg announces that a federal jury has found Curtis Tyrone Johnson (35, Melbourne) guilty of possession of a firearm and ammunition by a convicted felon and possession with the intent to distribute various controlled substances. Johnson faces a minimum mandatory term of 10 years, and up to life, in federal prison. His sentencing hearing is scheduled for May 10, 2023.
According to evidence presented at trial, on March 25, 2022, the Melbourne Police Department and the Brevard County Sheriff’s Office SWAT team, along with members of the DEA and the FBI, executed search warrants at two residences on Williams Street in Melbourne. While law enforcement moved in to set a perimeter one street south, Johnson came jogging down the side of a residence holding a black bag. Upon making eye contact with law enforcement, Johnson took off running through backyards on Ryoland Street. Agents following Johnson observed him holding the black bag and a firearm. Johnson was given commands to put his hands in the air but instead threw the black bag and firearm over a fence into a church parking lot. Both items, the Glock .40 caliber pistol loaded with 16 rounds of ammunition, and a bag containing approximately 181 grams of methamphetamine, 35 grams of crack cocaine, 15 grams of fluorofentanyl, and 194 grams of N, N-Dimethylpentylone – a drug similar to MDMA – were recovered.
After he was arrested, Johnson told agents that they “didn’t get no gun off me” and asked if possession is nine-tenths of the law. Further investigation revealed that a vehicle located in an open field, which had been towed to the Melbourne Police Department pending a search warrant, belonged to Johnson and his girlfriend. Law enforcement searched the vehicle and located $7,000 inside a sock and two digital scales. During a jail phone call that Johnson had placed to his girlfriend after his arrest, Johnson instructed his girlfriend to get the title to the car because there were 8 “wraps” in the vehicle, which is common street terminology for a stack of $1,000.
This case was investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Melbourne Police Department, and the Brevard County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Beatriz Gonzalez and Megan Testerman.
Investiture Ceremony for United States Attorney Kevin G. RitzRead the Press Release
Kevin G. Ritz will be formally installed as the 51st United States Attorney for the Western District of Tennessee. Nominated by President Joe Biden on July 29, 2022, Ritz was unanimously confirmed by the United States Senate on September 22, 2022. As the United States Attorney, Ritz is the chief federal law enforcement officer in West Tennessee. The Honorable S. Thomas Anderson, United States District Judge, for the Western District of Tennessee will convene the Investiture. Associate Attorney General Vanita Gupta will be among those providing remarks.
DATE: Friday, February 17, 2023
TIME: 2:00 p.m.
WHERE: Memphis City Hall
City Council Chambers
125 North Main Street
Memphis, Tennessee
NOTE: Credentialed members of the media are invited to participate. Please RSVP to [email protected] or 601.961.9192.
Huntington Man Pleads Guilty to Fentanyl CrimeRead the Press Release
HUNTINGTON, W.Va. – Benjamin Jack Reed, 41, of Huntington, pleaded guilty today to aiding and abetting the distribution of fentanyl.
According to court documents and statements made in court, on April 29, 2022, Reed and a co-defendant sold approximately 27 grams of fentanyl to a confidential informant in a Huntington parking lot.
Reed is scheduled to be sentenced on May 15, 2023, and faces a maximum penalty of 20 years in prison, three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA) and the Cabell County Sheriff’s Department.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie S. Taylor is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:22-cr-211.
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Grand jury indicts 3 men with crimes involving 2 drug-related murdersRead the Press Release
CINCINNATI – Three defendants are charged with crimes related to two murders in Cincinnati during the summer of 2021.
Antwan Coach, Jr., 20, of Cincinnati, and Markel Hardy, 21, of Cincinnati, allegedly robbed and murdered Kamar Williams on July 5, 2021, in North College Hill. According to the eight-count superseding indictment, Coach and Hardy robbed Mr. Williams of marijuana and a firearm and shot him to death.
It is alleged that the third defendant, Jamal Binford, 33, of Dallas and Cincinnati, unlawfully assisted Hardy after the July murder.
In August 2021, all three defendants allegedly conspired to murder a second victim in connection with 400 grams or more of fentanyl. Binford, Coach and Hardy are charged with the Aug. 1, 2021, murder of Deonte Nuckols in St. Bernard.
Binford was arrested this morning at the Dallas Fort Worth International Airport and appeared in federal court in the Northern District of Texas.
The case pending against Binford, Coach and Hardy was unsealed today.
If convicted as charged, each of the defendants faces a mandatory minimum prison sentence of 20 years and up to life in prison.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Daryl S. McCormick, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); Cincinnati Police Chief Teresa A. Theetge; North College Hill Police Chief Ryan Schrand; and St. Bernard Police Chief Michael Simos announced the charges. The Justice Department’s Office of International Affairs of the Department’s Criminal Division also aided during the investigation.
Assistant United States Attorneys Ashley N. Brucato and Frederic C. Shadley are representing the United States in this case.
An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.
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Fresno Man Charged in Operation No Fly Zone Pleads Guilty to Being a Felon in Possession of a FirearmRead the Press Release
FRESNO, Calif. — Patrick Feaster, 23, of Fresno, pleaded guilty today to being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
Feaster was one of seven Fresno residents charged federally as a result of Operation No Fly Zone, a multi-agency investigation that sought to address a rise in the number of shootings and homicides in Fresno. According to court documents, on March 16, 2022, investigators learned that Feaster would be going to a residence in Fresno to pick up a firearm and an extended magazine. Shortly after Feaster left the residence, officers attempted to conduct a traffic stop on his car, but Feaster failed to yield. Feaster got out of the car with a bag, and fled on foot. After a chase, officers arrested Feaster and seized the bag from him. Inside the bag, officers found a semi-automatic handgun with an extended magazine.
Feaster is scheduled to be sentenced by U.S. District Judge Ana de Alba on May 30, 2023. Feaster faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the Federal Bureau of Investigation; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Fresno Police Department; the Fresno-area Multi-Agency Gang Enforcement Consortium (MAGEC); the California Department of Justice; the California Highway Patrol; the Fresno County Sheriff’s Office; the Kings County Sheriff’s Office; the California Department of Corrections and Rehabilitation; and the Fresno County District Attorney’s Office. Assistant U.S. Attorneys Justin J. Gilio and Antonio J. Pataca are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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 www.justice.gov/OCDETF.
Frankfort Man Sentenced to over 11 Years in Federal Prison for Distributing and Possessing Child Sex Abuse Material via PlatoRead the Press Release
INDIANAPOLIS – Jonathan P. Colson, 52, of Frankfort, Indiana, was sentenced to 136 months in federal prison after pleading guilty to distributing and possessing child sex abuse material depicting prepubescent children.
According to court documents, from April 2018 to April 2020, Colson utilized the chat feature of the online gaming platform, Plato, to send sexually explicit messages describing child sex abuse material to another individual. During those online conversations, Colson bragged that he was molesting children in his family. Colson also distributed child sex abuse material to the individual. The individual contacted law enforcement. Law enforcement officers identified the user of the online gaming application as Colson and recovered the messages and images that Colson had sent and distributed to the individual using Plato.
On August 20, 2020, law enforcement officers searched Colson’s home pursuant to a federal search warrant, and recovered several devices used by Colson to download, distribute, and possess child sex abuse material. The images and videos that Colson distributed and possessed included depictions of children as young as 10 engaging in sexually explicit conduct.
“Criminals like this defendant exploit the perceived anonymity of online gaming platforms to further their sexual interest in children,” said Zachary A. Myers, U.S. Attorney for the Southern District of Indiana. “Pedophiles who believe they can continue to trade horrific images of child sexual abuse online are sorely mistaken. The sentence imposed today shows that these offenders will be identified and will be removed from our communities.”
“While no amount of time in federal prison can undo the damage this predator did to his young victims, it should send a strong message to others who would engage in criminal sexual activity that the FBI and our partners will continue to pursue those who would victimize young children,” said FBI Indianapolis Special Agent in Charge Herbert J. Stapleton.
The FBI investigated this case with valuable assistance from the Indianapolis Metropolitan Police Department and the Indiana State Police. The sentence was imposed by U.S. District Judge Jane M. Stinson. As part of the sentence, Judge Stinson ordered that Colson be supervised by the U.S. Probation Office for 10 years following his release from federal prison and pay $5,000 pursuant to the Justice for Victims of Trafficking Act. Colson must also register as sex offender wherever he lives, works, or goes to school, as required by law.
U.S. Attorney Myers thanked Assistant United States Attorney Tiffany J. Preston, who prosecuted this case.
In fiscal year 2019, the most recent year for which data is available, the Southern District of Indiana was second out of the 94 federal districts in the country for the number of child sexual exploitation cases prosecuted.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc
For-Profit Virginia School Settles False Claims Act Allegations Involving Military Veteran’s SchemeRead the Press Release
ALEXANDRIA, Va. – Pinellas Corporation (Pinellas), a for-profit school offering computer training courses in McLean and Richmond, and CEO and sole owner Paul Giordano, of Washington, D.C., agreed to pay $450,000 to settle allegations that Pinellas paid bonuses to consultants based on their success in securing enrollments of students receiving military veterans benefits.
Under the Post-9/11 Veterans Educational Assistance Act of 2008 (Post-9/11 GI Bill), military veterans can receive tuition assistance from the Department of Veterans Affairs (VA) to enroll as students at approved educational institutions. Their tuition assistance is paid directly to the educational institution. During the relevant period, education institutions could not be approved to enroll students receiving Post-9/11 GI Bill benefits “if the educational institution provides any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance.”
The United States alleged that from 2015 through 2016, Pinellas d/b/a New Horizons Computer Learning Center of Richmond Virginia, and New Horizons Computer Learning Center Of Washington, D.C., at Giordano’s direction, paid bonuses to consultants who recruited students receiving Post-9/11 GI Bill financial assistance based on their success in securing enrollments. The United States further alleged that, between August 15, 2015, and December 31, 2016, Pinellas falsely certified that it had exercised reasonable diligence in meeting all applicable requirements of Title 38 of the U.S. Code in submitting nearly 1,000 claims to the VA for Post-9/11 GI Bill payments.
The government alleged that because of the false certifications Pinellas made to the VA, the VA paid tuition payments to Pinellas that Pinellas was not eligible to receive, in violation of the Post-9/11 GI Bill and the False Claims Act.
The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Eastern District of Virginia, the Department of Veterans Affairs Office of Inspector General, and VA’s Veterans Benefits Administration.
The matter was handled by Assistant U.S. Attorney Kristin Starr and former Assistant U.S. Attorney Krista Anderson. The civil claims settled by this False Claims Act agreement are allegations only; there has been no determination of civil liability.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Florida Man Sentenced to Prison for Role in Nationwide “Felony Lane Gang” ConspiracyRead the Press Release
ALBANY, NEW YORK – Tyrone Parker, age 41, of Fort Lauderdale, Florida, was sentenced today to 57 months in prison after previously pleading guilty to conspiracy to commit bank fraud and aggravated identity theft.
United States Attorney Carla B. Freedman; Michael J. Driscoll, Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (FBI); and Putnam County Sheriff Kevin J. McConville, made the announcement.
In pleading guilty, Parker admitted that he was involved in a fraud scheme known as “Felony Lane Gang” between 2019 and 2020. Parker and his co-conspirators traveled across the country breaking into cars, often targeting those parked by women at locations such as health and fitness centers, daycares, and parks. Parker and other members of the conspiracy stole debit cards, credit cards, checkbooks, and photo identifications in these “smash-and-grab” vehicle thefts, and they used these stolen items to commit bank fraud by recruiting women to impersonate the smash-and-grab victims and cash checks in drive-through bank lanes. The recruited check cashers were almost always suffering from an addiction to controlled substances and were provided payment at least partially in narcotics.
Parker was ordered to pay restitution in the amount of $132,990, and to pay a forfeiture money judgment of $7,202. Parker will serve a 3-year term of supervised release after completing his term of imprisonment.
Parker was one of nine men charged in a 13-count indictment for their roles in the scheme. Keyshawn Arnold, age 25, of Schenectady, New York; Gary Grier, age 37, of Fort Lauderdale, Florida; Joshua Mallory, age 37, of Fort Lauderdale; and Terrell McDonald, age 32, of Troy, New York, previously pled guilty for their roles in the indictment. The remaining co-defendants are:
- TYRONE PARKER, JR. a/k/a “Ty,” a/k/a “Cheese,” a/k/a “Little Thigh,” age 22, of Fort Lauderdale;
- CEDRIC LYNCH, a/k/a “City,” a/k/a “C,” age 37, of Orlando, Florida;
- ROBERT NATSON, a/k/a “Big Rob,” age 36, of Fort Lauderdale; and
- RANDALL TAYLOR , a/k/a “Gucci,” a/k/a “Guwop,” age 37, of Fort Lauderdale.
Each of the remaining defendants is charged with conspiracy to commit bank fraud and/or aggravated identity theft, and they are scheduled for trial in federal court in Albany on July 10, 2023. The charges in the indictment are merely accusations, and the defendants whose cases remain pending are presumed innocent unless and until proven guilty.
This case is being investigated by the FBI Westchester Resident Agency of the New York Field Office and the Putnam County Sheriff’s Department, with assistance from the FBI Field Offices in Albany, Miami, and Salt Lake City, and Resident Agencies in Savannah, Georgia, and Portland, Maine, and from the U.S. Attorney’s Office for the District of Maine, the Saratoga County District Attorney’s Office, and the Ulster County District Attorney’s Office. Additional assistance was provided by numerous law enforcement agencies, including, within New York, the New York State Police; Columbia County Sheriff's Office; Genesee County Sheriff’s Office; Monroe County Sheriff’s Office; Saratoga County Sheriff’s Office; Warren County Sheriff’s Office; and the police departments of the Town of Bethlehem; Glens Falls; Gloversville; Greenburgh; Greece; and Watervliet; and elsewhere, Connecticut State Police; Florida Department of Law Enforcement; Georgia State Patrol; Illinois State Police; Massachusetts State Police; Broward County, FL Sheriff’s Office; Northern York County, PA Regional Police; Southern Chester County, PA Regional Police; Utah County, UT Sheriff's Office; and the police departments of Auburn, MA; Bath, ME; Biddeford, ME; Bozeman, MT; Brunswick, ME; Caernarvon Township, PA; Chester Township, PA; Cinnaminson, NJ; Darien, CT; East Norriton Township, PA; Easthampton, MA; Greenwich, CT; Lower Moreland Township, PA; Manheim Township, PA; Portland, ME; Portsmouth, NH; Saco, ME; Salisbury, MA; Sanford, ME; Scarborough, ME; Somersworth, NH; South Portland, ME; St. George, UT; Syracuse, UT; Tinicum, PA; Towamencin, PA; Tewksbury, MA; Wakefield, MA; Yarmouth, ME; and York, ME.
Assistant United States Attorneys Matthew J. McCrobie, Michael F. Perry, and Paul Tuck are prosecuting the case.
Florida Cardiology, P.A. and 10 Physicians Agree to Pay $2 Million to Settle False Claims Act LiabilityRead the Press Release
Orlando, FL – United States Attorney Roger B. Handberg announces today that Florida Cardiology, P.A., Sandeep Bajaj, Karan Reddy, and eight other physicians have agreed to pay the United States and the State of Florida $2 million to resolve allegations that they violated the False Claims Act by submitting inflated claims to Medicare and Medicaid and for billing while the physicians were outside the United States.
The United States and the State of Florida previously intervened in a whistleblower lawsuit against Florida Cardiology and the physician-defendants on June 27, 2022. The lawsuit and settlement relate to the submission of claims that were improperly billed or performed, and submitted or caused to be submitted by Florida Cardiology, Sandeep Bajaj, Abbas Ali, Karan Reddy, Claudio Manubens, Milan Kothari, Saroj Tampira, Sayed Hussain,Raviprasad Subraya, Harish Patil, and Edwin Martinez.
According to the lawsuit and settlement agreement, Dr. Bajaj and Dr. Reddy caused Florida Cardiology to bill for more intravascular stents than were actually inserted into patients; Dr. Bajaj caused Florida Cardiology to bill for radiofrequency ablations that were not performed by him and in some instances, were not performed by a qualifying provider; and all ten physician-defendants caused Florida Cardiology to bill for procedures and services while they were outside the United States. According to the Complaint in Intervention, except in limited circumstances, providers cannot bill for services while outside the United States. According to the settlement agreement, Florida Cardiology submitted these false claims for payment to Medicare, Medicaid, TRICARE, and the Federal Employee Health Benefits Program.
“Fraud schemes represent a tangible threat to our public health programs,” said U.S. Attorney Roger Handberg. “This civil settlement demonstrates our continuing commitment to the integrity of these programs, and to holding providers accountable for the truth of what they represent in their claims.”
“The defendants in this case attempted to rip off taxpayers—even going as far as billing Medicaid and Medicare for services they claimed were provided to patients in Florida while these doctors were actually out of the country. As a result of their brazen scheme and the great work of whistleblowers, my Medicaid Fraud Control Unit and our federal partners, these defendants will now pay for ripping off taxpayers,” stated Florida Attorney General Ashley Moody.
“Health care professionals participating in Medicare and Medicaid are expected to abide by rules meant to protect patients, and to properly bill the programs on which their patients rely. Physicians who put financial gain above the well-being of patients and the integrity of federal health care programs will be held accountable for their actions,” said Special Agent in Charge Omar Pérez Aybar with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “In coordination with our law enforcement partners, HHS-OIG will continue to investigate such allegations to protect the beneficiaries of all HHS programs.”
“We commend the U.S. Attorney’s office, the Florida MFCU, HHS Office of Inspector General, and the Defense Criminal Investigative Service for their commitment to safeguarding the TRICARE Health Plan,” stated the Defense Health Agency. “Their efforts protect taxpayer dollars to ensure our service members, veterans, and their families continue to receive the highest degree of medical care.”
“False claims threaten the integrity of the Federal health care programs and waste American taxpayer funds,” said Conrad J. Quarles, Deputy Assistant Inspector General for Investigations, OPM OIG. “We applaud our partners at the Department of Justice for holding providers accountable for fraudulent billing practices.”
The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by Relators Derrick Graham and Jesse Frauenhofer. The Relators sued under the qui tam, or whistleblower, provisions of the False Claims Act permitting private citizens to sue on behalf of the United States for false claims and to share in the recovery. The Act also allows the United States to intervene and prosecute the action. The Relators will receive $420,000 of the proceeds from the settlement with the Defendants.
This settlement resulted from a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida, the Florida Office of the Attorney General Medicaid Fraud Control Unit (“MFCU”), the HHS Office of Inspector General, and the Defense Criminal Investigative Service. Assistant United States Attorney Jeremy R. Bloor and Florida MFCU’s Senior Assistant Attorney General Matthew Vitale led the investigation.
The case is captioned United States and the State of Florida ex rel. Graham and Frauenhofer v. Florida Cardiology, P.A., et al, Case No. 18-cv-1444-Orl-RBD-LHP. The settlement resolves the United States and the State of Florida’s claims in that case. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Erie Man Pleads Guilty to Conspiring to Distribute MethamphetamineRead the Press Release
JOHNSTOWN, Pa. – A resident of Erie, PA pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Cindy K. Chung announced today.
Walter Scott McMahon, age 56, of Erie, PA, pleaded guilty to Count Two of the Superseding Indictment before Senior United States District Judge Kim R. Gibson.
In connection with the guilty plea, from July 2019 to June 2020, McMahon did conspire to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine.
Judge Gibson scheduled sentencing for June 20, 2023. The law provides for a minimum of 10 years in prison to a maximum of life in prison, a fine of up to $10,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Maureen Sheehan-Balchon is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and the Pennsylvania State Police conducted the investigation that led to the prosecution of McMahon. Additional agencies participating in this investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service – Criminal Investigation, the United States Postal Inspection Service, Homeland Security Investigations, Pennsylvania Office of the Attorney General, Clearfield County District Attorney’s Office, Erie County District Attorney’s Office, Millcreek Police Department, Erie Bureau of Police, and other local law enforcement agencies.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Convicted Felon Indicted for Possession of Firearms, Ammunition and Distribution of A Controlled SubstanceRead the Press Release
Tampa, FL - United States Attorney Roger B. Handberg announces the return of an indictment charging Evan Ingram (42, Clearwater) with seven counts of distribution of a controlled substance, two counts of possession of a firearm by a convicted felon, and two counts of possession of a firearm and ammunition by a convicted felon. If convicted, Ingram faces up to 20 years in federal prison on each of the distribution charges and a minimum mandatory sentence of 15 years, up to life, in federal prison on each of the possession of firearm and ammunition charges.
According to the indictment, on seven separate dates in August and September 2022, Ingram distributed cocaine. On four dates during that time frame, he possessed a firearm. The indictment also alleges that Ingram has previously been convicted of seven felonies, including three or more violent felonies or serious drug offenses. As a previously convicted felon, he is prohibited from possessing firearms or ammunition under federal law.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Clearwater Police Department. It will be prosecuted by Assistant United States Attorney Samantha Newman. The forfeiture is being handled by Assistant United States Attorney Suzanne Nebesky.
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.
Concord Man Charged with Receipt of Child PornographyRead the Press Release
OAKLAND - Javier Antonio Ramirez made his initial appearance today on a federal complaint charging him with receipt of child pornography, announced United States Attorney Stephanie M. Hinds and Homeland Security Investigations (“HSI”) Special Agent in Charge Tatum King.
According to the affidavit supporting the complaint, in January 2023, a student, identified in the complaint as “Minor Victim 1,” suffered from a suspected fentanyl overdose at a school in Contra Costa County. A school nurse administered multiple doses of Narcan to the minor victim in an attempt to save her life. When law enforcement officers arrived, the minor victim was conscious and was subsequently transported to a local hospital for treatment.
The complaint describes the investigation leading law enforcement officers to conclude Ramirez, a 28-year-old Concord, California resident, provided the fentanyl to the minor victim, including taking her to San Francisco to obtain fentanyl. Further, the complaint affidavit alleges that law enforcement reviewed Ramirez’s cell phone and that this search revealed multiple videos and images taken of him having sexual intercourse or engaging in sexually explicit conduct with a minor. As alleged in the complaint affidavit, on Ramirez’s cell phone, law enforcement also found other files containing child pornography, including a file Ramirez received on January 3, 2023, with an approximately nine-minute video depicting a child, approximately 6- to 8-years-old, being sexually exploited by an unidentified male.
Ramirez is charged with receipt of child pornography, in violation of 18 U.S.C. § 2252(a)(2). Ramirez remains in federal custody pending a detention hearing set for February 16, 2023, at 10:30 a.m. before, U.S. Magistrate Judge Donna M. Ryu.
A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a statutory minimum of 5 years’ and a maximum sentence of 20 years’ imprisonment. Ramirez also faces an additional term of supervised release, restitution, and additional financial assessments; however, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Kelly Volkar of the Oakland Branch of the United States Attorney’s Office is prosecuting the case, with the assistance of Leeya Kekona. The prosecution is the result of an investigation by Homeland Security Investigations and the Contra Costa Sherriff’s Office.
Colorado Laser Technology Company Agrees to Pay More Than $400,000 to Resolve Allegations that it Improperly Used Foreign SubcontractorsRead the Press Release
DENVER – Vescent Photonics, Inc., a laser technology company located in Golden, Colorado, agreed to pay $402,621 to resolve allegations that it violated the False Claims Act by using contractors located outside of the United States in research projects funded by the Small Business Innovation Research (SBIR) program.
The SBIR program is a federal program intended to foster eligible small businesses in the United States through federally funded research and development awards. Awards are made by various government agencies to eligible small businesses for them to use domestically, in conducting research and developing technology with potential commercial benefits. The government does not own the research it subsidizes through the SBIR program or share in the profits from commercial applications. In order to ensure that taxpayer dollars are properly spent, the Small Business Administration, and each agency issuing awards, publishes eligibility requirements for participation in the program. One eligibility requirement for SBIR funds is that all research and development must be performed in the United States. More details on the SBIR program are available at https://www.sbir.gov/faqs/general-questions.
According to the United States, Vescent, a company that conducts research and development of complex laser technologies, applied for and received two SBIR awards, one from the National Aeronautics and Space Administration (NASA), and one from the United States Air Force. Vescent then subcontracted with two foreign nationals, located in foreign countries, to perform research and development on these SBIR projects. In doing so, Vescent failed to comply with the SBIR requirement that all research and development be performed in the United States, and violated the False Claims Act.
“SBIR funds are intended to help support qualified small businesses in the United States, and to encourage domestic innovation and domestic technology development,” said U.S. Attorney Cole Finegan. “Diverting SBIR funds to foreign nationals located abroad undermines the purpose of this funding and violates the rules of the SBIR program.”
“Protecting research and development programs funded by NASA is a priority for the NASA Office of Inspector General (OIG). The settlement agreement with Vescent Photonics is the result of a joint effort to protect SBIR contracts from fraud and abuse, and this case demonstrates the commitment of the NASA OIG and our law enforcement partners to work with the U.S. Attorney’s Office to investigate and prosecute companies that defraud SBIR programs,” said Bob Steinau, Assistant Inspector General for Investigations, NASA OIG.
“This case demonstrates the dedication of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), along with our law enforcement partners, to tirelessly investigate fraudulent conduct that undermines the integrity of the SBIR program,” said DCIS Assistant Inspector General Paul Sternal. “The outcome in this case reflects our steadfast commitment to hold those who defraud the United States Government and the Department of Defense accountable for their actions.”
“This settlement represents the combined efforts of partnering agencies to defend programs designed to assist domestic small businesses to ensure they are able to thrive and compete. We are fully committed to ensuring integrity within Air Force-funded acquisition programs,” said James P. Stoddard, Special Agent in Charge of the U.S. Air Force, Office of Special Investigations (OSI).
The claims resolved by this settlement are allegations only.
This matter was investigated by NASA OIG, the DCIS, and the U.S. Air Force OSI. It was handled by Assistant U.S. Attorney Zeyen Wu.
Clay County Man Arrested and Charged with Distributing and Possessing Child Sex Abuse Videos and ImagesRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces the arrest and the return of an indictment charging Carl Stephen Smith, Jr. (32, Green Cove Springs) with distributing and possessing child sexual abuse materials using the internet. If convicted, Smith faces a minimum mandatory penalty of 5 years, up to 40 years, in federal prison and a potential life term of supervised release. Smith was arrested on January 31, 2023, and has been detained pending trial in this case.
According to court documents and evidence proffered in open court, in July 2022, the National Center for Missing and Exploited Children (NCMEC) received a CyberTipline report from an online social media application (app) that three child sexual abuse videos had been uploaded on the app by a user named “daddysir142.” The IP address used to upload these materials resolved to an internet service provider in Green Cove Springs. An investigation commenced by the Clay County Sheriff’s Office revealed nine other CyberTipline reports submitted by several online social media apps for IP addresses that traced back to either the same internet service provider account at Smith’s residence or a cellphone service carrier used by Smith.
On January 31, 2023, members of the Northeast Florida Intercept Task Force, including agents from Homeland Security Investigations (HSI), Clay County Sheriff's Office, and other state and local investigators, executed a federal search warrant at Smith’s residence and seized a cellphone belonging to Smith. A forensic review of this device revealed that it contained at least 15 videos and 14 images depicting young children being sexually abused. The review also showed Smith had distributed one such video over the internet on January 6, 2023, using a social media app.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Clay County Sheriff’s Office, the Jacksonville Sheriff’s Office, the Putnam County Sheriff’s Office, the Florida Department of Law Enforcement, and Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue child victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Chicago Man Sentenced to Eight Years for Setting Fire to Cell Phone StoreRead the Press Release
CHICAGO — A Chicago resident has been sentenced to eight years in federal prison for setting fire to the Boost Mobile Store located at 809 E. 79th Street in 2019.
In the early morning hours of September 10, 2019, OTHO HARRIS, 63, of Chicago broke the front door of the store, poured gasoline into the building, and set it on fire because he was upset with the store’s response to his broken cellphone. The day before, on September 9, Harris got into a confrontation with a store employee about the broken cellphone and slammed the phone down onto the ground and exited the store after the employee said the phone could not be repaired. Harris, who plead guilty to one count of arson in September of 2022, has a lengthy criminal history involving multiple prison sentences for other violent crimes.
On February 9, 2023, U.S. District Judge John J. Tharp, Jr., imposed the 96-month prison sentence. The court also ordered Harris to pay $195,701 in restitution for the extensive damage the fire caused to the Boost Mobile store.
The sentence is announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffery L. Matthews, Acting Special Agent-in-Charge of the Chicago office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and David Brown, Superintendent of the Chicago Police Department. Assistant U.S. Attorney Prashant Kolluri represented the government.
Brookfield Restaurant Agrees to Permit Service Animals and Improve Accessibility in ADA SettlementRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that the U.S. Attorney’s Office has reached a settlement agreement with Lake Shore Lounge, Inc., doing business as Down the Hatch restaurant in Brookfield, to resolve allegations that the restaurant was not operating in compliance with the Americans with Disabilities Act of 1990 (“ADA”).
The settlement agreement resolves an ADA complaint filed by an individual with disabilities alleging that Down the Hatch required the removal of a service animal from the restaurant as a condition of service. An additional complaint alleged that the restrooms and parking spaces were inaccessible to individuals with physical disabilities.
As a result of the settlement agreement, the restaurant is in the process of posting signage indicating “Service Animals Welcome,” implementing a “Service Animal Policy,” which includes the types of legally permissible inquiries employees may make of a customer who enters the restaurant with a service animal, and training employees regarding the policy. Down the Hatch has also made a compensation payment to the complainant as required by the agreement. In addition, Down the Hatch agreed to make significant improvements that will increase accessibility to restrooms and parking spaces on the premises.
Under federal law, private entities that own or operate places of “public accommodation,” including restaurants, are prohibited from discriminating on the basis of disability. The ADA authorizes the U.S. Department of Justice to investigate complaints and undertake periodic reviews of compliance of covered entities. The Justice Department is also authorized to commence a civil lawsuit in federal court in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties.
U.S. Attorney Avery noted that the owner of Down the Hatch has worked cooperatively with the U.S. Attorney’s Office to promptly address the ADA issues without litigation.
“We enforce the Americans with Disabilities Act to ensure that individuals are able to access and enjoy the state’s restaurants, service establishments, retail stores and other places of public accommodation,” said U.S. Attorney Avery. “The ADA requires businesses to appropriately serve the diverse populations of patrons who live, work, and visit Connecticut. We appreciate Down the Hatch’s commitment to increasing access to its restaurant for individuals with disabilities who require service animal assistance and those with mobility challenges.”
Any member of the public who wishes to file a complaint alleging that any place of public accommodation or public entity in Connecticut is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at 203-821-3700.
Additional information about the ADA can be found at www.ada.gov, or by calling the Justice Department’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TTY). More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
This matter was handled by Assistant U.S. Attorneys William M. Brown, Jr. and Stewart Dearing of the District of Connecticut in coordination with the Disability Rights Section of the U.S. Department of Justice Civil Rights Division.
Bartlett Man Sentenced for Solicitation of Child Pornography and Attempted Transfer of Obscene Material to a MinorRead the Press Release
Memphis, TN – Joel Evan Lattimer, 43, of Bartlett, TN., has been sentenced to five years in federal prison for solicitation of child pornography and attempted transfer of obscene material to a minor. United States Attorney Kevin G. Ritz announced the sentence today.
According to the information presented in court, between October and November 2021, FBI undercover agents communicated with Lattimer using social networking applications, such as Whisper, Kik, and Wickr. During the investigation, the undercover agents posed as a father and his minor daughter who told Lattimer that the father frequently sexually abused his 12-year-old daughter. He requested to see photos and videos of the sexual abuse of the minor. In November, Lattimer sent the minor two videos of himself engaging in sexually explicit conduct.
Lattimer pled guilty to the charges brought in a two-count Information.
On February 9, 2023, United States District Judge Thomas L. Parker sentenced Lattimer to 60 months in federal prison, to be followed by five years of supervised release. There is no parole in the federal system. The Court also assessed a $10,000 fine under the Justice for Victims Trafficking Act of 2015.
This case was investigated by the FBI Violent Crimes Against Children Task Force.
United States Attorney Kevin Ritz thanked Assistant United States Attorney Lauren Delery, who prosecuted this case, as well as law enforcement partners who investigated the case.
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For more information, please contact Public Information Officer Cherri Green at (901) 544-4231 or [email protected]. Follow @WDTNNews on Twitter for office news and updates.
Ashdown Man Sentenced to 30 Years in Prison for Production of Child PornographyRead the Press Release
TEXARKANA – An Ashdown man was sentenced today to 360 months in prison without the possibility of parole, followed by 20 years supervised release, on one count of Production of Child Pornography. The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearing in the U.S. District Court in Texarkana.
According to court documents, in November of 2018 the Federal Bureau of Investigation in Texarkana, Arkansas received information from the National Center for Missing and Exploited Children that an individual had uploaded to the internet multiple images depicting the sexual abuse of a five-year old female. The subsequent investigation identified the defendant, Aaron Llyod Mitchell, age 25, as the individual who posted the images to the internet. On November 21, 2018, FBI agents conducted a search of Mitchell’s residence. During a post-Miranda interview, Mitchell admitted to producing the images of the five-year-old and uploading them to the internet. On December 13, 2018, Mitchell was indicted on multiple charges involving the sexual exploitation of a minor. On June 20, 2019, Mitchell pleaded guilty to production of child pornography.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The FBI investigated the case.
Assistant U.S. Attorney Dustin Roberts prosecuted the case.
This case was prosecuted 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 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.