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21 March 2023
Mobile Man Sentenced to More Than 17 Years in Prison for String of Armed RobberiesRead the Press Release
MOBILE, AL – A Mobile man was sentenced to 209 months in prison for committing several robberies, being a felon in possession of a gun, and brandishing a gun during crimes of violence.
According to court documents, Lindell Vantel Dortch, 41, committed a series of four armed robberies of a Waffle House and several gas stations in Mobile in September and October 2021. During the robberies, each of which was captured on surveillance video, Dortch wore a similar outfit and brandished a black handgun. Detectives with the Mobile Police Department identified the car that Dortch used to flee the scenes of the robberies and later executed a search warrant at Dortch’s apartment in Mobile after locating the getaway car parked at the complex. During that search, detectives recovered the clothing that Dortch wore and the black 9mm pistol that he brandished during the robberies. In a recorded interview, Dortch confessed to brandishing the pistol and committing the robberies, which netted him cash and property worth $5,658.13. Dortch also admitted that he had previously been convicted of several felonies in Mobile County, including burglary, theft, assault, and drug offenses. Dortch’s prior felony convictions rendered his possession of a gun illegal under federal law.
Chief United States District Judge Jeffrey U. Beaverstock ordered Dortch to serve 209 months’ imprisonment and a five-year term of supervised release upon his release from prison, during which time he will undergo drug testing, will receive mental health evaluation and treatment, and will be subject to credit restrictions. The court did not impose a fine, but Judge Beaverstock ordered Dortch to pay $5,658.13 in victim restitution and $600 in special assessments. The court also forfeited Dortch’s pistol to the United States.
U.S. Attorney Sean P. Costello of the Southern District of Alabama made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mobile Police Department investigated the case.
Assistant U.S. Attorney Justin Roller prosecuted the case on behalf of the United States.
Minneapolis Man Sentenced to 12.5 Years in Prison for Violent Carjacking Outside Northeast Minneapolis RestaurantRead the Press Release
ST. PAUL, Minn. – A Minneapolis man has been sentenced to 151 months in prison followed by three years of supervised release for violently carjacking a woman outside her place of work in northeast Minneapolis as well as his involvement in two additional armed carjackings, announced United States Attorney Andrew M. Luger.
According to court documents, on June 9, 2022, Shamir Nathann Black, 19, and an unidentified accomplice approached a woman outside of her place of work and demanded her car keys. Black proceeded to push the victim to the ground and hit her on the head with a firearm. A bystander attempted to assist the victim but was also assaulted by Black. During the struggle, Black discharged the firearm in the bystander’s direction. Black and an accomplice then got into the victim’s vehicle, but surrounding witnesses pulled Black from the driver’s seat and put him on the ground. Black and his accomplice fled the scene on foot.
After arriving at the scene, officers with the Minneapolis Police Department located a Shadow Systems 9mm semiautomatic pistol wrapped in a gray sweatshirt. The firearm had been reported stolen in Prior Lake in April 2022. Investigators reviewed a social media video that showed Black waving around a handgun that matched the firearm recovered at the crime scene. Further investigation revealed that a Volkswagen Jetta had been taken in a Prior Lake home burglary on the same night the firearm was stolen. Law enforcement later recovered the stolen Jetta from Black’s Minneapolis residence. On June 24, 2022, Black was taken into custody.
Black pleaded guilty on September 20, 2022, to one count of carjacking and admitted to being involved in two additional armed carjackings in Golden Valley in the spring of 2022. Black was sentenced today before Judge Wilhelmina M. Wright.
This case was the result of an investigation conducted by the FBI, the Minneapolis Police Department, the Golden Valley Police Department, and the Hennepin County Sheriff’s Office.
Assistant U.S. Attorney Lauren O. Roso prosecuted the case.
Mga Usapin Ng White House Roundtable [Talakayan] Ng Magkakasamang Ahensya Para Sa Tulong Panligal Ulat Sa PanguloRead the Press Release
Ngayong araw, magkasamang naglathala sina Attorney General Merrick B. Garland at White House Counsel Stuart Delery ng 2022 Ulat ng White House sa Roundtable ng Magkakasamang Ahensya Para sa Tulong Panligal. Ang ulat na pinamagatang “Pag-aabot sa Katarungan sa Pamamagitan ng Simplikasyon, Isang Mapa para sa Simplikasyong Nakasentro sa mga Tao ng mga Porma, Proseso, at Wika ng Pamahalaang Pederal” (“Access to Justice through Simplification, A Roadmap for People-Centered Simplification of Federal Government Forms, Processes, and Language”) ay nagtatampok sa mga nagawa at pangako ng mga ahenysa sa pagsulong sa sadya ng Roundtable na “dagdagan ang pagkakaroon ng makahulugang pag-aabot sa katarungan para sa mga indibidwal at pamilya, anuman ang kayamanan o katayuan.”
“Dapat maaabot ng lahat ang mga porma at prosesong pang-gobyerno—hindi lamang mga abugado o yung may kayang makakabayad nito”, ani ni Attorney General Merrick B. Garland. “Nagkakaloob ang 2022 Ulat ng Roundtable ng roadmap upang tulungan ang mga ahensya na bawasan ang mga hadlang at palawakin ang pag-aabot sa mga programa at serbisyong pederal.”
Nakatuon ang ulat sa mga paraan kung paano mapasimple ng pamahalaang pederal ang kanilang mga porma at proseso upang bawasan ang pangangailangan ng mga tao na maghanap ng tulong panligal. Sa 2022, nakatuon ang Roundtable sa pagpalawak ng pag-aabot sa mga programa, serbisyo at pakinabang, sa pamamagitan ng pag-buo ng isang mapa para sa simplipikasyon at pagtatampok ng mga best practice [pinakamahusay na kagawian] ng mga kasaping ahensya. Kinilala ng 2022 ulat ng Roundtable ang tatlong-hakbang na landas pasulong upang (1) unawain ang mga hadlang sa pag-aabot sa pamamagitan ng makahulugang pakikipag-ugnayan sa mga pinaglilingkuran at naaapektohang komunidad ng mga programang pangpamahalaan, (2) tuparin ang mga estratehiya [balak na paraan] na pagsapi ng mga feedback [pagpuna] mula sa pakikipag-ugnayan, at (3) tasahin ang epekto ng mga pagsisikap sa simplipikasyon upang alamin kung napalawak nila nang makahulugan ang pag-aabot, o kung posible ang karagdagan pang pagpabuti nito. Tinatampok din ng ulat ang mga matagumpay na pagsisikap sa pagpa-simple ng mga porma at proseso ng mga kasaping ahensya, at tinataguyod nito ang mga pangako para sa mga pagpapabuti ng pag-aabot sa ibayo ng pamahalaan, sa pamamagitan ng disenyong nakasentro sa tao at pakikipag-ugnayan sa komunidad.
“Sa pamamagitan ng gawaing ito, inuuna natin ang mga pamamaraang nakasentro sa mga tao upang mapasimple ang mga porma, proseso, at wika,” ani ni Office for Access to Justice Director Rachel Rossi. “Mahalagang ilagay natin ang mga komunidad na ating pinaglilingkuran sa gitna ng ating mga pagsisikap na ituloy ang pag-aabot sa katarungan para sa lahat.”
Noong Disyembre 2022, magkasamang namuno sina Attorney General Merrick Garland at Deputy White House Counsel Stacy Grigsby ng isang pagpupulong ng Roundtable, na may pahayag at paglahok ng Second Gentleman of the United States Douglas Emhoff at Associate Attorney General Vanita Gupta, at pinamatnugotan ng Director of the Office for Access to Justice, Rachel Rossi. Kabilang sa mga dumalong puno ng ahensya at mga mataas na antas na opisyal ng Roundtable ay sina Department of Veterans Affairs Secretary Denis Richard McDonough, Department of Homeland Security Deputy Secretary John Tien, Department of Social Security Administration Acting Commissioner Dr. Kilolo Kijakazi, Administrative Conference of the United States Chair Andrew Fois, Consumer Financial Protection Bureau Director Rohit Chopra, Department of Education Under Secretary James Kvaal, Equal Employment Opportunity Commission Chair Charlotte Burrows, Federal Communications Commission Chairwoman Jessica Rosenworcel, Deputy Assistant to the President Chiraag Bains, Department of Defense General Counsel Caroline Krass, Department of Labor Solicitor of Labor Seema Nanda, Legal Services Corporation President Ronald Flagg, Digital Service Administrator Mina Hsiang, Office of the Vice President Deputy Counsel Nasrina Bargzie, Environmental Protection Agency General Counsel Jeffrey Prieto, Department of Interior Principal Deputy Solicitor Ann Marie Bledsoe Downes, Office of Information and Regulatory Affairs Associate Administrator Sabeel Rahman, Department of Agriculture Chief Customer Experience Officer Simchah Suveyke Bogin, Agency for International Development Senior Deputy Assistant Administrator Karl Fickenscher, at National Science Foundation Deputy Division Director Alan Tomkins. Dumalo ang mga karagdagang opisyal mula sa Department of State, Department of Treasury, Department of Health and Human Services, at Department of Transportation.
Pinag-usapan ng Roundtable ang kahalagahan ng pakikipag-ugnayan sa mga komunidad, kabilang ang mga tagapagbigay ng tulong panligal at mga komunidad na may-kasaysayang kinakapos sa panustos at napapabayaan, upang unawain ang mga hadlang na hinaharap sa pag-aabot sa gamit-yaman ng pamahalaan. Tinampok ng Roundtable ang kahalagahan ng pagsasama ng impormasyon na natutuhan sa pamamagitan ng pakikipag-ugnayan upang magpatibay ang mga estratehiyang may-bisa para mapasimple ang mga porma, proseso at salita ng pamahalaang pederal. Nagmuni-muni din ang Roundtable tungkol sa gawain ng mga tagapagbigay ng tulong panligal upang tulungan ang publiko sa pag-aabot sa mga pakinabang at programa ng pamahalaang pederal, at kung paano mapapagaan ng simplipikasyon ng mga porma at proseso ang pasanin ng mga samahan ng mga serbisyong ligal.
Sa miting, tinuring din ni Attorney General Garland si Allie Yang-Green bilang Executive Director ng Roundtable, isang tungkulin sa loob ng Office for Access to Justice. May marangal na kasaysayan si Ms. Yang-Green na nakatuon sa pag-aabot sa katarungan, at dati syang abugado sa Office for Access to Justice ng Departmento. Sa tagubilin ng mga Co-Chair, magtitipon si Ms. Yang-Green ng mga karaniwang pagpupulong ng Roundtable at pangangasiwaan niya ang pagsasagawa nito. Magpapatuloy ang Office for Access to Justice ng Departmento na tauhan ang Roundtable, at sa pakikipag-ugnayan sa mga ahensyang kasapi ng Roundtable na ipasulong ang pag-unlad ng mga bagong paraan at best practices na magkakaloob ng makahulugang pag-aabot sa katarungan.
Noong 2021, pinahayag ni Attorney General Garland ang muling pagpanumbalik ng nagsasariling Office for Access to Justice sa loob ng Justice Department, na nakatalaga sa pagpabuti ng pang-uunawa at kakayahan ng pamahalaang pederal na tugunan ang mga pinakakagyat na ligal na pangangailangan ng mga komunidad sa buong Amerika. Karagdagan sa kanyang tungkulin bilang co-chair ng Roundtable ng Magkakasamang Ahensya Para sa Tulong Panligal, pinalathala din ni Attorney General Garland, kasama ni White House Counsel Dana Remus, ang ulat ng Roundtable 2021, “Pag-aabot sa Katarungan sa Panahon ng COVID-19” (“Access to Justice in the Age of COVID-19”). Tinutukan ng 2021 Roundtable ang mga hadlang sa pag-aabot ng katarungan na nailantad at napalala noong pandemiya ng COVID-19, at kinilala nito ang mga makabagong estratehiya na pinagtibay ng mga kasapi sa Roundtable bilang pagtugon.
Mexican National Pleads Guilty to Smuggling Firearms into MexicoRead the Press Release
DEL RIO, Texas – A Mexican national pleaded guilty in federal court in Del Rio on Monday to smuggling firearms and ammunition into Mexico from the United States.
According to court documents, Jose Jesus Hernandez-Valle, 54, conspired with others to smuggle a 9mm pistol, a .40 caliber pistol, and more than 200 rounds of ammunition and other related firearm accessories into Mexico. The firearms were discovered and seized by Customs and Border Protection (CBP) officers at the Del Rio International Port of Entry on Nov. 2, 2022.
Hernandez-Valle pleaded guilty to smuggling of goods from the United States. He is scheduled to be sentenced on Oct. 25, 2023 before Chief U.S. District Judge Alia Moses and faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas and Acting Special Agent in Charge Craig Larrabee of the Department of Homeland Security Investigations (HSI) San Antonio Division made the announcement.
HSI and CBP are investigating the case.
Assistant U.S. Attorneys Zachary Bird and Alex Brown are prosecuting the case.
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Mexican Man Pleads Guilty to Illegally Re-Entering the United States and Trafficking FentanylRead the Press Release
BOSTON – A Mexican man residing in Lawrence pleaded guilty yesterday to possessing fentanyl intended for distribution and to illegally re-entering the United States after deportation.
Jesus Gracielo Garcia-Vega a/k/a Jonathan Ivan Badillo-Hernandez, 35, pleaded guilty to one count of possession with intent to distribute fentanyl, and one count of unlawful re-entry of a deported alien. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for July 26, 2023. Garcia-Vega was initially charged by criminal complaint in March 2022 and subsequently indicted by a federal grand jury in April 2022. Garcia-Vega was again charged in a superseding indictment in June 2022 and in a superseding information in January 2023.
On March 23, 2022, Garcia-Vega gave a sample of fentanyl to a confidential source working with law enforcement. During that transaction, Garcia-Vega agreed to sell fentanyl the next day to the confidential source. On March 24, 2022, Garcia-Vega drove to the Premium Outlets in Wrentham with a kilogram of fentanyl inside a laundry bag, intending to sell it to the confidential source. Garcia-Vega was later stopped by police on I-495 in Westford and arrested. Subsequent investigation determined that Garcia-Vega had been deported from the United States on March 23, 2016, after which he unlawfully re-entered the country.
The charge of possession with intent to distribute fentanyl provides for a sentence of up to 20 years in prison, at least three years and up to life of supervised release, and a fine of up to $1 million. The charge of unlawful reentry of a deported alien provides for a sentence of up to 10 years in prison, up to three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Valuable assistance in the investigation was provided by the Massachusetts State Police. Assistant U.S. Attorney Samuel R. Feldman of Rollins’ Narcotics & Money Laundering Unit is prosecuting the case.
Meridian Man Pleads Guilty to Possession of Firearms by a Convicted FelonRead the Press Release
Jackson, Miss. – A Meridian, Mississippi man pleaded guilty today to possession of firearms by a convicted felon, announced U.S. Attorney Darren J. LaMarca of the Southern District of Mississippi and Special Agent in Charge Kurt H. Thielhorn of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
According to court documents, Waltravious Leeandre Watson, 31, was found in possession of nine firearms by officers of the Mississippi Department of Corrections and the Lauderdale County Sheriff’s Office on February 19, 2020, during a search of his home. Watson has a prior felony conviction for burglary of a dwelling. As a convicted felon, it is contrary to federal law for Watson to possess any firearm.
Watson is scheduled to be sentenced on June 20, 2023 and faces a maximum penalty of 10 years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Lauderdale County Sheriff’s Office and the ATF are investigating the case.
Assistant U.S. Attorneys Matthew W. Allen and Charles W. Kirkham are prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Maryland Resident Sentenced to over Five Years in Federal Prison for Illegally Transporting Firearms with Obliterated Serial Numbers and Smuggling Firearms to NigeriaRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett today sentenced Eric Fru Nji, age 42, of Fort Washington, Maryland, to 63 months in federal prison, followed by two years of supervised release, for conspiracy, for transporting firearms with obliterated serial numbers, and for smuggling firearms and ammunition from the United States to Nigeria. Judge Bennett also ordered Nji to pay a fine of $25,000. Nji was convicted of those charges on May 6, 2022, along with co-defendants Wilson Nuyila Tita, age 47, of Owings Mills, Maryland and Wilson Che Fonguh, age 41, of Bowie, Maryland, after a two-week trial.
The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Special Agent in Charge James C. Harris of Homeland Security Investigations (HSI) Baltimore; and Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division.
According to the evidence presented at trial, from at least November 2017 through July 19, 2019, Nji and his co-defendants conspired with each other and with others to export firearms, ammunition and other military typed items from the United States to Nigeria. Specifically, the evidence at trial established that Nji and his co-conspirators secreted 38 firearms, 28 of which had the obliterated serial numbers in a shipping container that they sent out of the Port of Baltimore in January of 2019. The guns included sniper rifles, SKS assault rifles (some with bayonets), other rifles and several handguns. There were 44 high-capacity magazines, two rifle scopes and over 35,000 rounds of ammunition. As detailed in trial testimony, Nji and his co-conspirators contributed funds for the purchase of firearms, ammunition, reloading materials and other equipment for shipping overseas to separatists fighting against the Government of Cameroon. The evidence proved that Nji and his co-conspirators concealed the firearms, ammunition, rifle scopes, and other items in duffle bags and heavily wrapped packages inside sealed compressor units, placing those items into a shipping container destined for Nigeria. Nji and his co-conspirators communicated about their efforts and plans to ship weapons and ammunitions using an on-line encrypted messaging application and code words in order to conceal their activities.
Fonguh, Tita and seven defendants charged in related cases are awaiting sentencing.
United States Attorney Erek L. Barron commended HSI and the ATF for their work in the investigation. Mr. Barron recognized the U.S. Department of Commerce, Office of Export Enforcement; U.S. Department of State Diplomatic Security Service; Department of Defense Office of Inspector General, Defense Criminal Investigative Service; the Naval Criminal Investigative Service; and the U.S. Postal Inspection Service for their contributions to the investigation. U.S. Attorney Barron thanked Assistant U.S. Attorney Kathleen O. Gavin, who is prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/community-outreach.
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Man Admits Arsons in Mark Twain National Forest, Assault of Forest Service EmployeeRead the Press Release
CAPE GIRARDEAU – A man from Iron County, Missouri on Tuesday admitted committing an October crime spree that included arsons in the Mark Twain National Forest in Missouri and the assault of a U.S. Forest Service law enforcement officer.
Lucas G. Henson, 37, pleaded guilty in front of U.S. District Judge Stephen N. Limbaugh Jr. to three counts: assaulting a law enforcement officer, arson and being a felon in possession of a firearm.
Henson admitted that after being charged with stealing and drug offenses last year, he was out on bond when he stole a Ford van on Oct. 22, 2022 from Patriot Rentals near Poplar Bluff, Missouri before abandoning it when it ran out of gas. Later that day he broke into a camper at Poplar Bluff RV Sales and stole items from it.
The next day, he stole a Dodge pickup truck, then burglarized someone’s home and stole a Ruger LC9 9mm handgun. He stole a crossbow from a workshop near the home.
When the truck’s owner found Henson, Henson pointed the pistol at the truck’s owner and drove away. Law enforcement officers, notified by the truck’s owner, joined the chase.
Henson crashed the truck in Mark Twain National Forest, then started a fire and burned the handgun and the items that he’d stolen from the camper before fleeing into the forest.
Law enforcement officers began tracking Henson with dogs. When they got close, he started a fire to prevent being captured. He started a second fire when they approached him again. Later, he pointed the crossbow at a U.S. Forest Service law enforcement officer, as well as other officers, before crossing the Black River and fleeing again. Henson was eventually caught near the river. He admitted his crimes in interviews with officers.
The fires burned a total of 7.61 acres of land. Burn orders were in effect at the time due to the dry and windy conditions, and Henson’s fires kept leaping over the fire lines established by fire fighters. Crews eventually had to construct “dozer lines” to contain the fire and spent $7,228 fighting the fires.
Henson is scheduled to be sentenced in U.S. District Court in Cape Girardeau on June 28. The assault charge carries a potential penalty of up to 20 years in prison. The arson charge carries a mandatory minimum of 7 years with a maximum of 20 years and the gun charge carries a penalty of up to 15 years in prison. All charges also carry a possible fine up to $250,000.
The case was investigated by the U.S. Forest Service, the Butler County Sheriff’s Office, the Wayne County Sheriff’s Office and the Missouri State Highway Patrol. Assistant U.S. Attorney Christopher Shelton is prosecuting the case.
Lodi Man Pleads Guilty to Heroin Trafficking ConspiracyRead the Press Release
SACRAMENTO, Calif. — Kenneth O’Neil, 49, of Lodi, pleaded guilty today to conspiracy to distribute and to possess with intent to distribute at least 100 grams of heroin, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between June 7, 2018, and June 28, 2018, O’Neil sold at least 563 grams of heroin to a co-conspirator, who then sold those drugs to an undercover agent.
This case is the product of an investigation by the Drug Enforcement Administration, the Calaveras Sheriff’s Office, Homeland Security Investigations, and the California Department of Corrections and Rehabilitation. Assistant U.S. Attorney Cameron L. Desmond is prosecuting the case.
O’Neil is scheduled to be sentenced on June 27, 2023, by U.S. District Judge Dale A. Drozd. O’Neil faces a mandatory minimum sentence of five years in prison and a maximum statutory penalty of 40 years in prison and a $5 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 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.
Local man pleads guilty to receiving child pornography via KikRead the Press Release
McALLEN, Texas – A 27-year-old McAllen resident has admitted to receiving child pornography approximately nine times, announced U.S. Attorney Alamdar S. Hamdani.
Gabriel Alejandro Morales admitted he had downloaded and received the child pornography on his cell phone through the Kik application.
In November 2020, authorities learned that an individual under the username “wakatanga335” was distributing and receiving child pornography on Kik. A review of the material verified the user had distributed and received child pornography approximately nine times.
The investigation led to Morales. Law enforcement executed a search warrant at his McAllen home and discovered a cell phone containing child pornography.
U.S. District Judge Marina Garcia Marmolejo accepted the plea and set sentencing for June 21. At that time, Morales faces up to 20 years in federal prison and a possible $250,000 maximum fine.
He has been and will remain in custody pending that hearing.
FBI conducted the investigation.
Assistant U.S. Attorney Eliza Carmen Rodriguez is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.
Lincoln Man Sentenced for Unlawful Possession of AmmunitionRead the Press Release
United States Attorney Steven Russell announced that Bukjiok Dobuony, 30, of Lincoln, Nebraska, was sentenced today in federal court in Lincoln for felon in possession of ammunition. Senior United States District Judge John M. Gerrard sentenced Dobuony to 30 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a two-year term of supervised release.
On May 30, 2021, Lincoln Police Officers were called to gateway Mall in Lincoln on a report of two people fighting inside the mall. When police officers arrived, Dobuony was seen walking just outside the mall and was detained while witnesses were interviewed. Store employees and mall security guards reported that Dobuony attempted to take a black bag from another male who was in a group with about 2-3 other males. The black bag contained a loaded handgun. This led to a fight between Dobuony and the male with the black bag. Video of the incident showed Dobuony tackling the victim who has the bad containing the loaded firearm, and Dobuony possessing the bad containing the firearm for a short period of time. Eventually, the victim and his friends were able to wrestle the bag away from Dobuony.
Once the fight broke up, both Dobuony and victims left the area. A police officer searched Dobuony’s person and found a .45 caliber bullet in the front pocket of Dobuony’s jacket. An agent for the Bureau of Alcohol, Tobacco, Firearms, and Explosives later examined the bullet and formed the opinion that the bullet was manufactured in the State of Idaho.
At the time, Dobuony was prohibited from possessing firearms or ammunition because he had at least two prior felony convictions – theft and assault by a confined person – from Lancaster County.
This case was investigated by the Lincoln Police Department and the FBI. 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.
Level-2 Sex Offender Arrested for Possessing Child PornographyRead the Press Release
BOSTON – A Chelsea man was arrested yesterday for possessing child sexual abuse material (CSAM).
Lasall Johnson, 54, was charged with possession of child pornography. Following an initial appearance in federal court in Boston yesterday afternoon before U.S. District Court Magistrate Judge Judith G. Dein, Johnson was detained pending a hearing scheduled for March 23, 2023.
According to the charging documents, an investigation into suspected CSAM being exchanged on an online peer to peer file sharing network identified a user located at Johnson’s residence. It is alleged that, during a subsequent search of Johnson’s address, six electronic devices were seized that were found to contain several images and videos depicting CSAM.
In 1989, Johnson was convicted in Norfolk County Superior Court of two counts of assault to rape, for which he received a 20-year state prison sentence with two years committed and the balance suspended for 18 years. As a result of those convictions, Johnson is a Level-2 registered sex offender.
Due to Johnson’s prior convictions, the charge of possession of child pornography provides for a mandatory minimum sentence of 10 years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England; and Chelsea Police Keith Houghton made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Rollins’ Major Crimes Unit 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 the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
La Table Ronde Juridique Interagences De La Maison-Blanche Publie Son Rapport Au PrésidentRead the Press Release
Aujourd’hui, le Procureur général des États-Unis Merrick B. Garland et le Conseiller juridique de la Maison-Blanche, Stuart Delery, ont émis conjointement le Rapport de la table ronde (Table ronde) juridique interagences de la Maison-Blanche. Le Rapport, intitulé « Accès à la justice par la simplification : Feuille de route pour une simplification axée sur les personnes des formulaires, des processus et du langage du gouvernement fédéral » (« Access to Justice through Simplification, A Roadmap for People-Centered Simplification of Federal Government Forms, Processes, and Language”), souligne les succès de l’agence et les engagements conformes à la mission de la Table ronde d’ « accroître la disponibilité d’un véritable accès à la justice pour les particuliers et les familles, quelle que soit leur situation économique ».
« Les formulaires et les processus gouvernementaux doivent être accessibles à tous et non pas seulement aux avocats ou à ceux qui peuvent se le permettre », a déclaré le Procureur général des États-Unis Merrick B. Garland. « Le Rapport de la Table ronde de 2022 offre une feuille de route pour aider les organismes à réduire les obstacles et à élargir l’accès aux programmes et services du gouvernement fédéral ».
Le rapport est axé sur les moyens par lesquels le gouvernement fédéral peut simplifier ses formulaires et processus aux fins de réduire le besoin pour les particuliers d’obtenir une assistance juridique. En 2022, la Table ronde a porté sur l’élargissement de l’accès aux programmes, aux services et aux bénéfices en développant une feuille de route de simplification et en soulignant les meilleures pratiques des organismes membres. Le rapport de la Table ronde de 2022 identifie une voie à suivre en trois étapes pour : (1) comprendre les obstacles à l’accès moyennant un engagement sérieux avec les communautés desservies et touchées par les programmes gouvernementaux ; (2) mettre en œuvre des stratégies en intégrant les commentaires des engagements ; et (3) évaluer l’impact des efforts en faveur de la simplification aux fins de déterminer s’ils ont élargi l’accès de manière significative ou si des améliorations supplémentaires sont possibles. Le rapport témoigne aussi des efforts réussis de simplification des formulaires et des processus par les organismes membres et favorise les engagements en matière d’une amélioration de l’accès, à l’échelle du gouvernement, moyennant une conception centrée sur l’humain et la participation de la communauté.
« Grâce à ce travail, nous donnons la priorité aux approches centrées sur les personnes pour simplifier les formulaires, les processus et le langage », a déclaré Rachel Rossi, directrice du Office for Access to Justice. « Il est primordial de placer les communautés que nous servons au centre de nos efforts pour poursuivre l'accès à la justice pour tous. »
En décembre 2022, le Procureur général [des États-Unis] Merrick B. Garland et le Conseiller juridique adjoint de la Maison-Blanche Stacey Grigsby ont coprésidé une convocation de la Table ronde avec la participation et les contributions du deuxième gentilhomme des États-Unis Douglas Emhoff et de l’adjoint au Procureur général Vanita Gupta et sous la présidence de Rachel Rossi, directrice de l’Office for Access to Justice. La Table ronde a réuni les principaux responsables et hauts-fonctionnaires tels que : le secrétaire Denis Richard McDonough du département des Anciens combattants ; le secrétaire John Tien du département de la Sécurité intérieure ; le Dr. Kilolo Kijakazi, commissaire intérimaire de l’Administration de la sécurité sociale ; Andrew Fois, président de la Conférence administrative des États-Unis ; Rohit Chopra, directeur du Bureau de protection des consommateurs des produits financiers ; James Kvaal, sous-secrétaire au département de l’Éducation ; Charlotte Burrows, présidente de la Commission de l’égalité des chances en matière d’emploi ; Jessica Rosenworcel, présidente de la Commission fédérale des communications ; Chiraag Bains, adjoint suppléant au président ; Caroline Krass, conseillère juridique générale du département de la Défense ; Seema Nanda, avocate au travail du département du Travail ; Ronald Flagg, président de la Legal Services Corporation ; Mina Hsiang, administratrice des Services numériques ; Nasrina Bargzie, conseillère adjointe au bureau du vice-président ; Jeffrey Prieto, directeur juridique de l’agence de Protection de l’environnement ; Ann Marie Bledsoe Downes, principal solliciteur adjoint du département de l’Intérieur ; Sabeel Rahman, administrateur associé du Bureau des affaires de l’information et des réglementations ; Simchah Suveyke Bogin, directrice de l’expérience client du département de l’Agriculture ; Karl Fickenscher, administrateur assistant adjoint principal de l’Agency for International Development ; et Alan Tomkins, directeur adjoint de division de la National Science Foundation. D’autres fonctionnaires du département d’État, du département du Trésor, du département de la Santé et des services sociaux et du département de Transport ont aussi participé.
La Table ronde a discuté de l’importance du dialogue avec les communautés, notamment avec les prestataires des services juridiques et avec les communautés historiquement les plus marginalisées et les moins bien desservies, afin de comprendre les obstacles à l’accès aux ressources gouvernementales. La Table ronde a relevé l’importance d’inclure l’information apprise par le biais de tel engagement en vue d’adopter des stratégies efficaces pour simplifier les formulaires, les processus et le langage du gouvernement fédéral. La Table ronde s’est aussi penchée sur le travail des prestataires des services juridiques en vue d’assister le public avec l’accès aux bénéfices et aux programmes du gouvernement fédéral, ainsi que sur comment la simplification des formulaires et processus peut alléger le fardeau des organisations d’aide juridique.
Pendant la réunion, le Procureur général [Merrick B.] Garland a aussi nommé Allie Yang-Green au poste de directrice exécutive de la Table ronde, un poste au sein de l’Office for Access to Justice. Mme Yang-Green a eu une brillante carrière consacrée à l’accès à la justice et elle a précédemment travaillé comme avocate auprès de l’Office for Access to Justice du département. Selon les instructions des co-présidents, Mme Yang-Green convoquera de régulières réunions de la Table ronde et surveillera ses travaux. L’Office for Access to Justice du département continuera à doter la Table ronde en personnel et de travailler en partenariat avec les agences membres de la Table ronde aux fins de pousser le développement de nouvelles approches et des meilleures pratiques permettant un véritable accès à la justice.
En 2021, le Procureur général [Merrick B.] Garland annonçait le rétablissement de l’Office for Access to Justice autonome au sein du département de la Justice destiné à améliorer la compréhension par le gouvernement fédéral et sa capacité à faire face aux besoins les plus urgents des communautés partout en Amérique. De plus, en tant que co-président de la Table ronde juridique interagences, le Procureur général [Merrick B.] Garland avec le concours de la Conseillère juridique de la Maison-Blanche Dana Remus, a aussi publié le rapport de la Table ronde de 2021 – « Accès à la justice à l’ère du COVID-19 » (« Access to Justice in the Age of COVID-19 »). La Table ronde de 2021 fut axée sur les obstacles à l’accès à la justice mis à jour et exacerbés durant la pandémie de COVID-19 et a identifié des stratégies novatrices adoptées en réponse par les membres de la Table ronde.
La Mesa Redonda Interinstitucional De Asistencia Legal De La Casa Blanca Emite Informe Al PresidenteRead the Press Release
Hoy, el Fiscal General Merrick B. Garland y el Asesor Legal de la Casa Blanca Stuart Delery, emitieron en conjunto el Informe de la Mesa Redonda Interinstitucional de Asistencia Legal de la Casa Blanca (Mesa Redonda) de 2022. El informe, titulado “Acceso a la justicia a través de la simplificación: una hoja de ruta para la simplificación de los formularios, procesos y lenguaje del gobierno federal con enfoque en las personas” (“Access to Justice through Simplification, A Roadmap for People-Centered Simplification of Federal Government Forms, Processes, and Language”), destaca los logros y compromisos de la agencia para promover la misión de la Mesa Redonda “aumentar la disponibilidad de un acceso significativo a la justicia para las personas y las familias, independientemente de la riqueza o el estatus”.
“Los formularios y procesos gubernamentales deben ser accesibles para todos, no solo para los abogados o aquellos que pueden pagar por ellos”, dijo el Fiscal General Merrick B. Garland. “El informe de La Mesa Redonda de 2022 proporciona una hoja de ruta para ayudar a las agencias a reducir las barreras y ampliar el acceso a los programas y servicios gubernamentales”.
El informe se centra en las formas en que el gobierno federal puede simplificar sus formularios y procesos para reducir la necesidad de que las personas busquen asistencia legal. En 2022, la Mesa Redonda se centró en ampliar el acceso a los programas, servicios y beneficios mediante el desarrollode una hoja de ruta de simplificación y destacando las mejores prácticas de las agencias miembros. El informe de la Mesa Redonda de 2022 identifica un camino de tres pasos hacia adelante para: (1) comprender las barreras de acceso a través de una interacción significativa con las comunidades atendidas y afectadas por los programas gubernamentales, (2) implementar estrategias mediante la incorporación de los comentarios recibidos de la interacción, y (3) evaluar el efecto de los esfuerzos de simplificación para determinar si tienen un acceso significativamente ampliado, o si son posibles mejoras adicionales. El informe también presenta esfuerzos exitosos de simplificación de formularios y procesos por parte de las agencias miembros y promueve compromisos para realizar mejoras de acceso en todo el gobierno a través de un diseño centrado en el ser humano y la participación de la comunidad.
“Por medio de este trabajo, priorizamos los métodos centrados en el ser humano para simplificar los formularios, procesos y lenguaje”, dijo la Directora de la Oficina de Acceso a la Justicia Rachel Rossi. “Es crítico poner a las comunidades a las que servimos en el centro de nuestros esfuerzos por procurar el acceso a la justicia para todos”.
En diciembre de 2022, el Fiscal General Merrick Garland y la Asesora Legal Auxiliar de la Casa Blanca Stacey Grigsby copresidieron una reunión de la Mesa Redonda con comentarios y participación del Segundo Caballero de los Estados Unidos Douglas Emhoff y la Fiscal General Asociada Vanita Gupta, y moderado por la Directora de la Oficina de Acceso a la Justicia Rachel Rossi. Los directores de agencias de la Mesa Redonda y los funcionarios de alto nivel que asistieron incluyeron al Secretario del Departamento de Asuntos de Veteranos Denis Richard McDonough, el Subsecretario del Departamento de Seguridad Nacional John Tien, el Comisionado Interino del Departamento de Administración del Seguro Social Dr. Kilolo Kijakazi, el Presidente de la Conferencia Administrativa de los Estados Unidos Andrew Fois, el Director de la Oficina de Protección Financiera del Consumidor Rohit Chopra, el Subsecretario del Departamento de Educación James Kvaal, la Presidenta de la Comisión de Igualdad de Oportunidades en el Empleo Charlotte Burrows, la Presidenta de la Comisión Federal de Comunicaciones Jessica Rosenworcel, el Asistente Adjunto del Presidente Chiraag Bains, la Asesora General del Departamento de Defensa Caroline Krass, la Abogada Laboral del Departamento de Trabajo Seema Nanda, el Presidente de la Corporación de Servicios Legales Ronald Flagg, la Administradora de Servicios Digitales Mina Hsiang, la Asesora Adjunta de la Oficina de la Vicepresidenta Nasrina Bargzie, el Asesor General de la Agencia de Protección Ambiental Jeffrey Prieto, la Abogada Adjunta Principal del Departamento del Interior Ann Marie Bledsoe Downes, el Administrador Asociado de la Oficina de Información y Asuntos Regulatorios Sabeel Rahman, la Directora de Experiencia del Cliente del Departamento de Agricultura Simchah Suveyke Bogin, el Subadministrador Adjunto Principal de la Agencia para el Desarrollo Internacional Karl Fickenscher, y el Director Adjunto de División de la Fundación Nacional de Ciencias Alan Tomkins. Asistieron funcionarios adicionales del Departamento de Estado, el Departamento del Tesoro, el Departamento de Salud y Servicios Humanos, y el Departamento de Transporte.
La Mesa Redonda planteó la importancia de interactuar con las comunidades, incluyendo los proveedores de servicios legales y las comunidades históricamente desatendidas y marginadas para comprender las barreras que enfrentan para acceder a los recursos gubernamentales. La Mesa Redonda destacó la importancia de incorporar la información aprendida a través de esa interacción para adoptar estrategias efectivas para simplificar los formularios, procesos y lenguaje del gobierno federal. La Mesa Redonda también reflexionó sobre el trabajo de los proveedores de servicios jurídicos para ayudar al público con el acceso a los beneficios y programas del gobierno federal, y cómo la simplificación de los formularios y el proceso puede aliviar la carga de las organizaciones de servicios legales.
Durante la reunión, el Fiscal General Garland también nombró a Allie Yang-Green como Directora Ejecutiva de la Mesa Redonda, un puesto dentro de la Oficina de Acceso a la Justicia. La Sra. Yang-Green ha tenido una distinguida carrera comprometida con el acceso a la justicia, y anteriormente fue abogada de la Oficina de Acceso a la Justicia del Departamento. La Sra. Yang-Green, siguiendo las instrucciones de los copresidentes, convocará reuniones periódicas de la Mesa Redonda y supervisará su labor. La Oficina de Acceso a la Justicia del Departamento continuará dotando de personal a la Mesa Redonda y trabajando en asociación con las agencias miembros de la Mesa Redonda para impulsar el desarrollo de nuevos enfoques y mejores prácticas que proporcionen un acceso significativo a la justicia.
En 2021, el Fiscal General Garland anunció la restauración de una Oficina de Acceso a la Justicia independiente dentro del Departamento de Justicia dedicada a mejorar la comprensión y la capacidad del gobierno federal para abordar las necesidades legales más urgentes de las comunidades en todo Estados Unidos. Además, en su calidad de copresidente de la Mesa Redonda Interinstitucional de Asistencia Legal, el Fiscal General Garland, junto con la Asesora Legal de la Casa Blanca Dana Remus, también publicaron el informe 2021 de la Mesa Redonda, “Acceso a la justicia en la era de COVID-19” (“Access to Justice in the Age of COVID-19”). La Mesa Redonda de 2021 se centró en las barreras al acceso a la justicia que fueron expuestas y exacerbadas durante la pandemia de COVID-19 e identificó las estrategias innovadoras adoptadas por los miembros de la Mesa Redonda en respuesta.
Justice Department Announces Charges and Sentence in Connection with Attempts to Acquire Military and Dual-Use TechnologiesRead the Press Release
Iranian Agents Tried to Obtain Equipment That Could Be Used in Weapons Programs
WASHINGTON – A federal court in the District of Columbia unsealed two indictments today charging multiple defendants with violations of the Arms Export Control Act (AECA) and the International Emergency Economic Powers Act (IEEPA) for their roles in separate schemes to procure and export U.S. technology to Iran between 2005 and 2013. In connection with today’s announcement, the Department of Treasury’s Office of Foreign Assets Control designated three of the defendants and four entities for their involvement in the procurement of equipment that supports Iran’s unmanned aerial vehicle (UAV) and weapons programs.
United States v. Paidar, et al.
According to the indictment, between 2012 and 2013, defendants Amanallah Paidar, of Iran, and Murat Bükey, of Turkey, conspired to procure and export U.S. technology for Iran through their companies Farazan Industrial Engineering, in Iran, and Ozon Spor Ve Hobbi Ürünleri, in Turkey. Specifically, Paidar and Bükey exported from the United States and transshipped through Turkey a device that can test the efficacy and power of fuel cells and attempted to obtain a bio-detection system that has application in weapons of mass destruction (WMD) research and use.
Bükey, who was extradited to the United States from Spain in July 2022, pleaded guilty to conspiring to violate the AECA and IEEPA in December 2022. He was sentenced yesterday in the U.S. District Court for the District of Columbia to 28 months in prison, with credit for time served. He will be removed from the United States after completing his sentence. Paidar is a fugitive and remains at large.
United States v. Mahmoudi, et al.
According to the indictment, between 2005 and 2009, defendants Agshar Mahmoudi, of Iran; Bahram Mahmoudi Mahmoud Alilou, of Iran; and Shahin Golshani, of the United Arab Emirates (UAE); conspired to obtain U.S. technology, including a high-speed camera that has known nuclear and ballistic missile testing applications, a nose landing gear assembly for an F-5 fighter jet, and a meteorological sensor system, through their companies Aran Modern Devices Kish Company, in Iran; and Modern Technologies, in the UAE. The defendants are fugitives and remain at large.
“These defendants sought to obtain valuable U.S.- origin goods that could assist Iran’s military and WMD aspirations, and in some instances, they were successful,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “The U.S. Attorney’s Office for the District of Columbia and our federal law enforcement partners will zealously pursue those who break these laws and harm our national security interests, regardless of where in the world they operate."
“With the help of our U.S. agency and international partners, the FBI thwarted an attempt to export advanced, American controlled, technological systems and goods,” said Assistant Director Alan E. Kohler, Jr. of the FBI Counterintelligence Division. “The FBI will not stand idly while hostile countries attempt to evade our laws and circumvent U.S. sanctions and we will work tirelessly to stop such activity. This sentencing further illustrates our willingness to reach beyond our borders, to protect American interests and bring all offenders to justice.”
“The sentencing of Murat Bukey and the charging of four others with conspiring to illegally export technologies and goods to Iran demonstrates our determination to hold those who attempt to circumvent U.S. export laws and sanctions accountable,” said Assistant Director in Charge David Sundberg, of the FBI Washington Field Office. “Export controls exist to protect the security of the United States and its people, and we will aggressively investigate those who threaten our national security by violating these laws. We are grateful to our international partners for their assistance in dismantling this scheme and bringing the defendant to justice.”
“Mr. Bukey acted on behalf of a larger network attempting to deliver sensitive U.S. technology into the hands of a hostile nation,” said Special Agent in Charge Derek W. Gordon, of Homeland Security Investigations (HSI) Washington, D.C. “If we allow such networks to meet with success, they could potentially put the safety of every American at risk. Investigating the illegal exportation of sensitive technology has long been a hallmark of Homeland Security Investigations. HSI Washington, D.C. will continue to prioritize any investigation into illegal activity that threatens the security of the United States. Working with our federal law enforcement partners, HSI will exhaust all of our resources to ensure the safety of the American people.”
The investigation that led to these charges was conducted by the FBI, HSI, and the Commerce Department’s Bureau of Industry, Office of Export Enforcements’ Washington Field Offices, and coordinated by the FBI’s Counterintelligence Division.
Assistant U.S. Attorney Tejpal S. Chawla for the District of Columbia, and Trial Attorney Heather Schmidt of the National Security Division’s Counterintelligence and Export Control Section prosecuted the case, with support from Paralegal Specialist Michael Watts and Mariela Andrade. The Justice Department’s Office of International Affairs provided substantial assistance in securing Bukey’s arrest and extradition.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Jury Convicts Pair of Fraud and Health Care Fraud in ToledoRead the Press Release
TOLEDO, Ohio - First Assistant United States Attorney Michelle M. Baeppler announced that a federal jury convicted Dr. Oliver Jenkins, age 60, and Sherry-Ann Jenkins, age 58, of Jessup, Georgia, of conspiracy, mail fraud, wire fraud, and health care fraud on Friday, March 17, in Toledo, Ohio following a two- week trial before Judge Jack Zouhary.
According to court documents and evidence presented at trial, Dr. Oliver Jenkins, who was an Ear, Nose, and Throat M.D. at the Toledo Clinic, and his wife, Sherry-Ann Jenkins, who had a Ph.D. but was not licensed to practice medicine in Ohio, started a new business called the “The Toledo Clinic Cognitive Center.” The Jenkinses represented to the Toledo Clinic that patients suspected of cognitive disorders, particularly dementia and Alzheimer’s Disease, could come to the Cognitive Center for neurocognitive testing, diagnosis, treatment, and referrals, and that Sherry-Ann Jenkins would administer the neurocognitive testing under the supervision of Dr. Oliver Jenkins. The Jenkinses represented that Dr. Oliver Jenkins would make a diagnosis, and provide medical treatment, or a referral. Instead, the Jenkinses engaged in a scheme to defraud. Dr. Oliver Jenkins never saw or treated patients at the Cognitive Center. Sherry-Ann Jenkins ordered PET scans of patients’ brains, interpreted the scans, diagnosed patients, including a college-aged student, with Alzheimer’s Disease, Dementia, or other impairments, recommended patients take coconut oil to improve memory, and instructed certain patients to see her every 3-6 weeks for the rest of their lives. The Jenkinses billed Cognitive Center patients and health care benefits programs using Dr. Oliver Jenkins’ billing number.
This case was investigated by the Federal Bureau of Investigation in Toledo, Ohio, the United States Department of Health and Human Services, Office of Inspector General in Cleveland, Ohio, the Ohio Attorney General’s Medicaid Fraud Control Unit, and the Ohio State Medical Board. The case is being prosecuted by Assistant U.S. Attorneys Brian McDonough and Robert Melching.
Ismail J. Ramsey Sworn in as United States Attorney for the Northern District of CaliforniaRead the Press Release
SAN FRANCISCO – Ismail J. Ramsey took the oath of office today to become the United States Attorney for the Northern District of California. President Joseph Biden announced the nomination of Mr. Ramsey on November 29, 2022, and the United States Senate confirmed Mr. Ramsey on March 7, 2023. Hon. Thelton Henderson, Senior United States District Judge (ret.) and Chief District Judge Richard Seeborg oversaw the private ceremony.
From 1999 to 2003, Mr. Ramsey served as an Assistant United States Attorney in the office he now leads. Since 2006, he has been a partner at Ramsey & Ehrlich LLP in Berkeley, Calif. He also has served as an adjunct professor at the University of California at Berkeley School of Law.
From 1997 to 1999 and 2003 to 2005, Mr. Ramsey worked as an associate at the law firm Keker, Van Nest & Peters LLP. In 1996 and 1997, he served as a law clerk for Judge Harry T. Edwards.
Mr. Ramsey earned a Bachelor of Arts from Harvard College in 1989, a Master of Business Administration from the Haas School of Business in 1996, and a Juris Doctor from Harvard Law School in 1996. He is a veteran of the United States Air Force.Home invaders turned kidnappers sent to federal prisonRead the Press Release
HOUSTON – The last of three convicted for their roles in a series of home invasions which resulted in federal kidnapping charges over the course of several months has been ordered to prison, announced U.S. Attorney Alamdar S. Hamdani.
Chakevia Roberts, 31, Houston, pleaded guilty Aug. 12, 2022, admitting she was the look-out and getaway driver during the crimes which occurred in the Houston area.
Today, U.S. District Judge Sim Lake ordered her to serve a total of 96 months in prison to be immediately followed by five years of supervised release. In imposing the sentence, the court noted the dangerousness of the offenses and the terror of the victims while in their own homes.
Two others - Timothy Morant, 55, and Alvin Woods, 45, both also of Houston, were sentenced previously to 327 and 240 months in federal prison, respectively. At Morant’s hearing, the court called him one of the most dangerous people he had seen before him in all of his years as a judge and noted he had been convicted of the same crime twice before this one. He had been convicted in 1989 and served only 13 years of 42-year sentence in state prison. In 2003, he was again convicted of the same crimes and sentenced to 25 years but released in 2018.
There is no parole in the federal system.
During the course of the sentencing hearings, Judge Lake also reviewed powerful and moving victim impact statements. They described the fear and panic they felt during the kidnappings and how they believed they would be killed.
“One of the defendants pepper sprayed a child, in front of the child’s mother, in the mother and child’s own home. The victims are still traumatized, years later,” said Hamdani. “My office will not tolerate this vile conduct, and so the two men who decided to violate the sanctity of a home will now face justice’s long arm and spend decades in prison. The hope is that this might allow the victims to finally sleep a little easier knowing their perpetrators are off the streets.”
On Oct. 22, 2019, Morant and Woods entered a multi-million dollar home in Sugar Land while the homeowners were present. Morant and Woods tied up several family members with zip ties, held them at gunpoint and demanded they open safes. Morant and Woods demanded jewelry and other high end property. When the homeowners did not act quickly enough, Morant pepper sprayed them. During the kidnapping, Morant was on an open cell phone line with Roberts who was waiting outside as the look-out and get-away driver. Once Morant and Roberts received the items they wanted, they stole the homeowners vehicle and used it to meet Roberts at a pre-determined location. Morant, Woods and Roberts then split the money and property amongst themselves.
Morant and Woods entered another multi-million dollar home in Houston on Dec. 13, 2019. There, they encountered the home owner and her child. Roberts remained outside as the look-out/get-away driver again and kept an open cell phone call with Morant. Morant and Woods pushed their way into the home while pointing guns at the victims. The two then zip-tied both the home owner and her child while demanding money, jewelry and other high end property. When the mother could not open a second safe to give Morant more of what he wanted, he pepper sprayed the child.
Authorities apprehended all three after they had attacked another family in Houston June 19, 2020. They again pointed guns at the home owners and demanded money, jewelry and property. During the invasion, Morant and Woods drug the victims, zip-tied again, to areas within the home in search for cash and high-end items.
Upon their arrests, law enforcement found stolen property, gloves, masks and firearms.
All have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI and police departments in Houston and Sugar Land conducted the investigation. Assistant U.S. Attorney Jill Stotts prosecuted the case.
Georgia Man Pleads Guilty in Check Fraud ConspiracyRead the Press Release
PITTSBURGH, PA - A resident of McDonough, Georgia, pleaded guilty in federal court to a charge of check fraud, Acting United States Attorney Troy Rivetti announced today.
Adarius Scott, 26, pleaded guilty to one count before United States District Judge Robert J. Colville.
In connection with the guilty plea, the court was advised that from in and around May 2019 to July 2, 2019, Scott participated in a check fraud conspiracy where he traveled with other codefendants to various cities, including Pittsburgh, and stole mail from businesses. They searched the stolen mail for checks and created replicas of the checks with the “payee” section left blank. Then, the conspirators recruited individuals with valid identification to cash the checks in exchange for a small amount of money.
Judge Colville scheduled sentencing for July 21, 2023 The law provides for a total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued Scott’s bond.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The United States Secret Service, the United States Postal Inspection Service, and the Pennsylvania State Police conducted the investigation that led to the prosecution of Scott.
Former Nurse Sentenced to Federal Prison for Illegal Oxycodone Prescription SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Jacquelyn DeVito (40, Brandon) to 24 months in federal prison for unlawful drug distribution and for acquiring a controlled substance by misrepresentation. DeVito also relinquished her Nurse Practitioner and Advanced Registered Nurse Practitioner licenses to the State of Florida Board of Nursing and agreed never to reapply for a Drug Enforcement Administration registration number. DeVito had pleaded guilty on December 9, 2022.
According to court documents, between March 2020 and June 2022, DeVito worked as nurse at an urgent care medical office. During this employment, she offered patients separate home health services through her privately-owned company, Bee Home Medical LLC. DeVito used Bee Home Medical patients’ names and dates of birth to prescribe oxycodone, a Schedule II controlled substance, without their knowledge or consent and issued those prescriptions to local retail pharmacies. When the prescriptions were filled and ready to be picked up, DeVito went to the pharmacies and acquired the controlled substances by falsely stating that she was the victim patients’ caregiver and was picking up the controlled substances on their behalf. In this manner, DeVito prescribed and acquired more than 2,900 oxycodone pills. Many of the victim patients had no knowledge that DeVito had issued the prescriptions in their names and confirmed that there was no legitimate need for them to receive the medication.
This case was investigated by the Drug Enforcement Administration (Tampa District Office) and the Opioid Fraud and Abuse Detection Unit. The Opioid Fraud and Abuse Detection Unit was created by the Department of Justice to help combat the devastating opioid crisis. The Opioid Fraud and Abuse Detection Unit focuses specifically on opioid-related health care fraud, using data to identify and prosecute individuals contributing to the prescription opioid epidemic. The case was prosecuted by Assistant United States Attorney Greg Pizzo.
Former Lincoln Lawyer Sentenced to Two Years in Prison in Tax CaseRead the Press Release
United States Attorney Steven Russell announced that Craig Hoffman, 46, of Lincoln, Nebraska, was sentenced on March 20, 2023, in Lincoln by Senior United States District Judge John M. Gerrard for willful failure to collect or pay over employment taxes. Hoffman was sentenced to two years in prison. After his release from prison, Hoffman will begin a two-year term of supervise release. There is no parole in the federal system. Senior Judge Gerrard ordered Hoffman to pay $325,197.90 in restitution.
Between 2011 and 2017, Hoffman Law Office, P.C. LLO was a professional corporation doing business as a law firm in Lincoln. Hoffman was the owner, operator, and sole employee of Hoffman Law, and exercised control over the business affairs, including authorizing business expenses, authorizing payment of employee compensation, approval of payments made by the corporation, and approval of payment of “payroll taxes” to the Internal Revenue Service.
Hoffman Law, by and through Hoffman as the sole employee, was obligated to withhold taxes from his employee compensation, including federal income taxes, and Medicare and Social Security taxes, also known as FICA or payroll taxes. Hoffman Law was required to make deposits of “payroll taxes” to the Internal Revenue Service on a periodic basis. In addition, Hoffman Law was required to file quarterly tax forms showing employee wages subject to withholding, the total amount of income taxes withheld, the total amount of “payroll taxes” due, and the total tax deposits. As owner, operator, and sole employee of Hoffman Law, Hoffman had the authority required to exercise significant control over the corporate financial business affairs of Hoffman Law, and had the responsibility to collect, truthfully account for, and pay over “payroll taxes” of Hoffman Law to the Internal Revenue Service.
Between 2011 and 2016, Hoffman Law failed to pay over to the Internal Revenue Service payroll taxes which were due and owing to the United States of America. For example, as of October 31, 2015, Hoffman failed to pay over to the Internal Revenue Service $11,155.12 in payroll taxes he owed for the previous quarter ending September 30, 2015.
In October 2013, the IRS notified Hoffman of its intent to file levies to collect the taxes due for 2010 and 2011. Thereafter, several levy payments totaling more than $46,000 were received from the bank that held the Hoffman Law operating account. In 2014, Hoffman began the practice of transferring funds from the firm’s trust fund account to its operating account and then immediately writing checks to himself that he cashed or deposited into his personal bank account. Hoffman engaged in this conduct, at least in part, so that he could receive the funds before any levies on the account could be made by the IRS, which resulted in the account having a low balance from time to time in the event the IRS levied on the account. Between 2011 and 2016, Hoffman failed to pay $241,362.92 in employment taxes. Including interest and penalties, Hoffman’s outstanding tax debt grew to $325,197.90, which is the amount of restitution he was ordered to pay to the IRS as part of his sentence.
“As an Attorney, Mr. Hoffman was not above the law. Investigating and prosecuting any business owner who intentionally fails to pay their employment tax obligations is a priority for IRS-Criminal Investigation," stated Special Agent in Charge Thomas F. Murdock of the IRS-Criminal Investigation St. Louis Field Office. "Today's sentencing is a reflection of just how serious the courts view these crimes, and Mr. Hoffman is now a convicted felon with a prison term to serve.
This case was investigated by the Internal Revenue Service – Criminal Investigation.
Former Florida State Representative Pleads Guilty to Wire Fraud, Money Laundering, and Making False Statements in Connection with Covid-19 Relief FraudRead the Press Release
GAINESVILLE, FLORIDA –Joseph Harding, 35, of Williston, Florida, plead guilty today to wire fraud, money laundering, and making false statements in connection with COVID-19 relief fraud. Jason R. Coody, United States Attorney for the Northern District of Florida, announced the guilty plea.
Court documents reflect Harding devised a scheme to defraud the Small Business Administration (SBA) and obtained coronavirus-related small business loans by means of materially false and fraudulent pretenses, representations, and promises, and while executing such scheme, caused wire communications to be transmitted in interstate commerce. Harding also made a false and fraudulent SBA Economic Injury Disaster Loan (EIDL) application, in the name of one of his dormant business entities, that he submitted to the SBA. By this conduct, Harding fraudulently obtained $150,000 in COVID-19 relief funds from the SBA to which he was not entitled. After obtaining the EIDL proceeds, Harding conducted three monetary transactions each involving more than $10,000 in fraudulently obtained funds: a transfer to his joint bank account, a payment to his credit card, and a transfer into a bank account of a third-party business entity.
A sentencing hearing is scheduled for July 25, 2023, at 11:00 am, at the United States Courthouse in Gainesville, Florida, before the Honorable United States District Judge Allen Winsor.
Harding faces the following maximum terms of imprisonment for the offenses:
- 20 years: Wire Fraud
- 10 years: Money Laundering
- 5 years: Making False Statements
The investigation was jointly conducted by the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, the Federal Deposit Insurance Corporation (FDIC) Office of Inspector General, and the Small Business Administration (SBA) Office of Inspector General. The case is being prosecuted by Assistant United States Attorneys Justin M. Keen and David P. Byron.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Florissant Woman Sentenced to a Year in Prison, Must Repay $101,000 for Pandemic Loan FraudRead the Press Release
ST. LOUIS –A woman from Florissant, Missouri was sentenced to a year in prison for fraudulently obtaining two pandemic-era loans totaling more than $101,000.
U.S. District Judge Ronnie L. White also ordered Lakenya M. Hobbs, 40, to repay $101,567 to the Small Business Administration.
Hobbs defrauded the Paycheck Protection Program, which provided forgivable loans to small businesses to help them save jobs during the pandemic. On March 12, 2021, she submitted a loan application containing false and fraudulent information that resulted in the issuance of a $81,223 loan. Hobbs did not use the money to save jobs but instead at electronic stores and restaurants and for airfare. She also took some out in cash. On Oct. 1, 2021, she successfully applied for loan forgiveness, falsely claiming she’d used the PPP money for payroll.
On May 27, 2021, Hobbs submitted a fraudulent loan application to a different banking institution and received a $20,344 loan. She was also granted forgiveness for this loan.
Hobbs pleaded guilty in November to one count of bank fraud and one count of wire fraud.
The case was investigated by the FBI. Assistant U.S. Attorney Jonathan Clow is prosecuting the case.
Florida Resorts Agree to Pay $325,000 to Settle False Claims Act Allegations Relating to False Certifications on a Paycheck Protection Program Loan Forgiveness ApplicationRead the Press Release
Florida companies Kingwood Orlando Reunion Resort LLC (Orlando Reunion) and Kingwood Crystal River Resort Corp. (Crystal River) have agreed to settle allegations that they violated the False Claims Act (FCA) and the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) by knowingly providing false information in support of a Paycheck Protection Program (PPP) loan forgiveness application submitted by Crystal River.
Congress created the PPP in March 2020, as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, to provide emergency loans to small businesses suffering economic hardship due to the COVID-19 pandemic. The CARES Act authorized these businesses to seek forgiveness of the loans if they spent the loan funds on eligible expenses, such as payroll. When applying for forgiveness of PPP loans, borrowers were required to certify the truthfulness and accuracy of all information provided in their applications. A PPP recipient seeking loan forgiveness based on the payment of wages was only entitled to forgiveness for the amount of wages actually paid to its employees during the designated period.
Here, Orlando Reunion and Crystal River, which are related but operate separate resorts, both received separate PPP loans. The United States alleged that Crystal River sought forgiveness of its PPP loan, in-part, by certifying that it used a portion of its PPP loan to pay wages of Crystal River employees, when in fact, some of the employees to whom it claimed to have paid wages were actually Orlando Reunion employees whom Crystal River did not employ or pay. As a part of the settlement announced today, Crystal River and Orlando Reunion agreed to pay $271,720 in damages and penalties under the FCA and $53,280 in civil penalties under FIRREA.
“PPP loans were intended to help small businesses retain employees and keep their doors open during the pandemic,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to holding accountable those who knowingly and improperly sought PPP loans or forgiveness of those loans.”
“A primary mission of the United States Attorney’s Office is protecting government programs from fraud,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “We will continue to hold accountable those who abuse the CARES Act and PPP Program at the expense of the taxpayers.”
“This settlement demonstrates that attempts to wrongfully obtain loan forgiveness will not go unnoticed, and violators will be identified,” said Special Agent in Charge Amaleka McCall-Brathwaite of the Small Business Administration Office of the Inspector General (SBA OIG) Eastern Region. “I want to thank the Department of Justice and our law enforcement partners for their support and dedication to pursuing justice in this case.”
The settlement resolved a lawsuit filed under the qui tam or whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The qui tam lawsuit was filed by the former Director of Human Resources for Kingwood resorts and is captioned U.S. ex rel. Falzarano v. Kingwood International Resort, LLC, et al., Dkt. No. 6:20-cv-976-ORL-37EJK (M.D. Fla.). The whistleblower will receive a total of approximately $46,000 in connection with the settlement.
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the SBA’s Office of General Counsel and the SBA OIG.
This matter was handled by Trial Attorney Jared S. Wiesner of the Civil Division and Assistant U.S. Attorney Jeremy R. Bloor for the Middle District of Florida.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The claims resolved by the settlement are allegations only. There has been no determination of liability.
Florida Resorts Agree to Pay $325,000 to Settle False Claims Act Allegations Relating to False Certifications on a Paycheck Protection Program Loan Forgiveness ApplicationRead the Press Release
Note: View a copy of the settlement agreement here.
Orlando, FL – Florida companies Kingwood Orlando Reunion Resort LLC (Orlando Reunion) and Kingwood Crystal River Resort Corp. (Crystal River) have agreed to settle allegations that they violated the False Claims Act (FCA) and the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) by knowingly providing false information in support of a Paycheck Protection Program (PPP) loan forgiveness application submitted by Crystal River.
Congress created the PPP in March 2020, as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, to provide emergency loans to small businesses suffering economic hardship due to the COVID-19 pandemic. The CARES Act authorized these businesses to seek forgiveness of the loans if they spent the loan funds on eligible expenses, such as payroll. When applying for forgiveness of PPP loans, borrowers were required to certify the truthfulness and accuracy of all information provided in their applications. A PPP recipient seeking loan forgiveness based on the payment of wages was only entitled to forgiveness for the amount of wages actually paid to its employees during the designated period.
Here, Orlando Reunion and Crystal River, which are related but operate separate resorts, both received separate PPP loans. The United States alleged that Crystal River sought forgiveness of its PPP loan, in-part, by certifying that it used a portion of its PPP loan to pay wages of Crystal River employees, when in fact, some of the employees to whom it claimed to have paid wages were actually Orlando Reunion employees whom Crystal River did not employ or pay. As a part of the settlement announced today, Crystal River and Orlando Reunion agreed to pay $271,720 in damages and penalties under the FCA and $53,280 in civil penalties under FIRREA.
“PPP loans were intended to help small businesses retain employees and keep their doors open during the pandemic,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to holding accountable those who knowingly and improperly sought PPP loans or forgiveness of those loans.”
“A primary mission of the United States Attorney’s Office is protecting government programs from fraud,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “We will continue to hold accountable those who abuse the CARES Act and PPP Program at the expense of the taxpayers.”
“This settlement demonstrates that attempts to wrongfully obtain loan forgiveness will not go unnoticed, and violators will be identified,” said Special Agent in Charge Amaleka McCall-Brathwaite of the Small Business Administration Office of the Inspector General (SBA OIG) Eastern Region. “I want to thank the Department of Justice and our law enforcement partners for their support and dedication to pursuing justice in this case.”
The settlement resolved a lawsuit filed under the qui tam or whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The qui tam lawsuit was filed by the former Director of Human Resources for Kingwood resorts and is captioned U.S. ex rel. Falzarano v. Kingwood International Resort, LLC, et al., Dkt. No. 6:20-cv-976-ORL-37EJK (M.D. Fla.). The whistleblower will receive a total of approximately $46,000 in connection with the settlement.
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the SBA’s Office of General Counsel and the SBA OIG.
This matter was handled by Trial Attorney Jared S. Wiesner of the Civil Division and Assistant U.S. Attorney Jeremy R. Bloor for the Middle District of Florida.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The claims resolved by the settlement are allegations only. There has been no determination of liability.
Felon with Firearm and Extended Magazine Sentenced to Federal PrisonRead the Press Release
An Onawa, Iowa man, was sentenced March 14, to more than 4 years in federal prison.
Antonio Palmer, age 44, from Onawa, Iowa, received the prison term after a September 20, 2022, guilty plea to one count of felon in possession of a firearm.
Evidence in the case showed Palmer was stopped by Sioux City Police for traffic infractions. When the officer approached Palmer’s vehicle, there was a strong odor of marijuana, and the officer observed a handgun in the driver’s side door. When the officer requested assistance, Palmer opened his door and told the officer to take the firearm. Palmer also had 19-round magazine for the firearm. During the encounter, Palmer admitted to smoking marijuana in the vehicle and that he had just purchased the firearm via a private sale.
Palmer was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 57 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
The case was investigated by the Sioux City Police Department and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-04037.
Follow us on Twitter @USAO_NDIA.
Eight Men Charged with Fentanyl TraffickingRead the Press Release
NEWARK, N.J. – Eight men were charged today for their roles in a drug trafficking organization operating in and around Union County, New Jersey, U.S. Attorney Philip R. Sellinger announced today.
Lance Baker, 54, of Perth Amboy, New Jersey; Rooks Crawford, 57, of Linden, New Jersey; Derrick Gilliam, 48, of Alburtis, Pennsylvania; Abinader Liriano-Balbuena, 37, of Bronx, New York; Michael Williams, 54, of Roselle, New Jersey; and Tyrone Gilliam, 60, Lewis Martinez-Berroa, 38, and Earl Riley, 58, all of Elizabeth, New Jersey, are each charged by superseding complaint with one count of conspiracy to distributed controlled substances.
According to documents filed in this case and statements made in court:
Baker, Crawford, Derrick Gilliam, Tyrone Gilliam, Martinez-Berroa, Riley, and Williams were part of a drug trafficking organization operating in and around Union County. Law enforcement officers observed and documented dozens of narcotics transactions during the investigation. From July 2022 to March 2023, law enforcement officers seized more than 9,000 individual doses of fentanyl sold by the organization. Martinez-Berroa, Tyrone Gilliam, and Derrick Gilliam were the primary suppliers of fentanyl to the drug trafficking organization.
On March 21, 2023, law enforcement executed a series of judicially authorized searches at several locations used by the members of the conspiracy. At a location in the Bronx, New York, law enforcement officials located a “mill” used to manufacture and package narcotics and recovered approximately 10 kilograms of a substance believed to be fentanyl.
The count of conspiracy to distribute controlled substances with which each of the defendants is charged carries a maximum potential penalty of 20 years in prison and a fine of up to $1 million.
U.S. Attorney Sellinger credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Bryan Miller in Newark; special agents of the Drug Enforcement Administration, under the direction of Acting Special Agent in Charge Daniel J. Kafafian in Newark; special agents of the U.S. Secret Service, under the direction of Special Agent in Charge Patrick J. Freaney; the Union County Prosecutor’s Office, under the direction of Prosecutor William A. Daniel and Chief Harvey Barnwell; the Middlesex County Prosecutor’s Office, under the direction of Prosecutor Yolanda Ciccone; the Summit Police Department, under the direction of Chief Steven Zagorski; the Elizabeth Police Department, under the direction of Police Director Earl Graves and Chief Giacommo Sacca; the Perth Amboy Police Department, under the direction of Chief Lawrence Cattano; the Union County Police Department, under the direction of Capt. Martin Mogensen; the Union County Sheriff’s Office, under the direction of Sheriff Peter Corvelli; the Scotch Plains Police Department, under the direction of Chief Jeffrey Briel; and the Linden Police Department, under the direction of Chief David Hart, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorneys John Mezzanotte and Robert Frazer of the Organized Crime and Gangs Unit in Newark and Christopher Fell of the General Crimes Unit in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
bakeretalscomplaint.pdfEdinboro Man Admits receiving Child Sexual Abuse MaterialsRead the Press Release
ERIE, Pa. - A former resident of Edinboro, Pennsylvania, pleaded guilty in federal court to a charge of violating federal laws relating to the sexual exploitation of children, Acting United States Attorney Troy Rivetti announced today.
James Paredes Andrada, 25, pleaded guilty to one count before United States District Judge Susan Paradise Baxter.
In connection with the guilty plea, the court was advised that from November 2019 to February 2020, Andrada received computer and cell phone images depicting minors engaging in sexually explicit conduct.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Judge Baster scheduled sentencing for July 25, 2023, at 1:30 p.m. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.Pending sentencing, the court continued Andrada on bond.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Pennsylvania State Police, and the Edinboro Police Department conducted the investigation that led to the prosecution of Andrada.
District Teen Sentenced to 30 Months in Prison for Repeatedly Threatening to Kill his Ex-GirlfriendRead the Press Release
WASHINGTON –A 19-year-old D.C. resident was sentenced yesterday to 30 months in prison for threatening to kill his ex-girlfriend. He pleaded guilty on December 12, 2022, in front of the Honorable Judge Tonya S.Chutkan.
According to court documents, the defendant was in a relationship with a fellow high-school student which ended in March 2022. Following the end of the relationship, from March 2022 until June 2022, the defendant sent his ex-girlfriend, who was 17-years old at the time, a series of text messages threatening her life. The defendant threatened to kill his ex-girlfriend before killing himself, telling her that if he could not have her, no one would. The defendant also sent sexually explicit videos depicting his ex-girlfriend to her mother, one of her co-workers, and to one of her friends. As a result of the defendant’s threats, the 17-year old’s family obtained a civil protection order against the defendant. Despite this protection order, the defendant continued to attempt to contact the minor victim.
The defendant was arrested in June of 2022, and he has remained in custody ever since. In addition to the prison term, Judge Chutkan ordered three years of supervised release and ordered the defendant to stay away from the victim.
Healthy relationships are important for everyone, especially for teenagers. Healthy relationships are ones where adolescents can safely feel and express respect for themselves and others. More information is available at https://opa.hhs.gov/adolescent-health/healthy-relationships-adolescence. Anyone seeking help can call the National Domestic Violence Hotline at 1-800-799-7283.
In announcing the sentence, U.S. Attorney Matthew M. Graves, FBI Special Agent in Charge Wayne A. Jacobs, of the Washington Field Office’s Criminal and Cyber Division, and Chief Robert J. Contee, III, of the Metropolitan Police Department commended the work of the FBI agents and MPD detectives. They also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including paralegal specialist Alexis Spencer-Anderson. Finally, they commended the work of Assistant U.S. Attorney Janani Iyengar, who investigated and prosecuted the case.
Coordinator Pleads Guilty in Fatal Imperial County Smuggling Incident Resulting in Thirteen DeathsRead the Press Release
SAN DIEGO – Jose Cruz Noguez pleaded guilty in federal court today to charges stemming from a March 2, 2021, smuggling incident in which thirteen people died when the vehicle in which they were concealed collided with a tractor trailer near Holtville, California.
In a hearing in United States District Court, the defendant admitted that he and his co-conspirators sought to smuggle a large number of undocumented migrants into the United States by loading them into modified SUVs and breaching an area of the international boundary fence between Mexico and the United States near Calexico, California. In the days leading up to March 2, 2021, the defendant committed various acts for the purpose of carrying out the conspiracy, such as attempting to recruit at least one criminal associate to drive a load vehicle containing as many as 20 undocumented migrants. And during the early morning hours of March 2, 2021, before the smuggling event, Cruz Noguez used his vehicle to scout the area that the load vehicles would be traveling. After confirming there was no law enforcement in the area, defendant’s co-conspirators loaded dozens of undocumented migrants – including at least one minor who was unaccompanied by a parent or guardian – into two modified SUVs and drove them into the United States through a breach they had cut in the international boundary fence. Once successfully in the United States, the two load vehicles traveled west along Interstate 8, and as has been reported in the media, one of the vehicles – a GMC Yukon – caught fire on Interstate 8 near Highway 115. Shortly thereafter, the other vehicle – a Ford Expedition – collided with a tractor-trailer on Highway 115 near Holtville, California. Thirteen individuals in the Ford Expedition died tragically as a result of the accident. In his plea agreement, Cruz Noguez admitted that he and his co-conspirators were smuggling the undocumented migrants into the United States for financial consideration and with the intent to violate the immigration laws of the United States.
The United States Attorney’s Office (USAO) initially indicted Cruz Noguez on April 27, 2021. Following further investigation, the USAO charged him and another individual (who remains a fugitive) in a Third Superseding Indictment on July 15, 2022. Cruz Noguez’s trial had been scheduled to begin on May 15, 2023. Instead, he entered into a plea agreement and pleaded guilty to a Superseding Information charging him with one count of Conspiracy to Bring in Undocumented Migrants and three counts of Bringing In Undocumented Migrants for Financial Gain (which carry a five-year mandatory minimum sentence).
Cruz Noguez is scheduled to be sentenced on June 9, 2023 at 9:00 a.m. before U.S. District Judge Cathy Ann Bencivengo.
This case was supported by Joint Task Force Alpha (JTFA). JTFA was created by the Attorney General in June 2021 in partnership with the Department of Homeland Security (DHS), to strengthen the Department’s overall efforts to combat these crimes based on the rise in prolific and dangerous smuggling from and through Central America and impacting our border communities. JTFA’s goal is to disrupt and dismantle those human smuggling and trafficking networks operating in El Salvador, Guatemala, Honduras, and Mexico, with a focus on networks that endanger, abuse or exploit migrants, present national security risks, or engage in other types of transnational organized crime.
The U.S. Attorney’s Office for the Southern District of California helps lead JTFA, which is comprised of detailees from southwest border U.S. Attorney’s Offices, including the Southern District of Texas, the Western District of Texas, the District of New Mexico, the District of Arizona, and the Southern District of California, and dedicated support for the program is also provided by numerous components of the Criminal Division that are part of JTFA – led by the Human Rights and Special Prosecutions Section (HRSP), and supported by the Office of Prosecutorial Development, Assistance, and Training (OPDAT), the Narcotic and Dangerous Drug Section (NDDS), the Money Laundering and Asset Recovery Section (MLARS), the Office of Enforcement Operations (OEO), the Justice Department’s Office of International Affairs (OIA), and the Organized Crime and Gang Section (OCGS). JTFA is made possible by substantial law enforcement commitment from DHS, FBI, Drug Enforcement Administration (DEA), and other partners.
DEFENDANTS Case Number 21CR1277-CAB
Jose Cruz Noguez Age: 49 Mexicali, Mexico
Froylan Cortez Avalos (fugitive) Age: 49 Mexicali, MexicoSUMMARY OF CHARGES
Conspiracy to Bring In Undocumented Migrants
Title 8, U.S.C., Section 1324(a)(1)(A)(i) and (v)(I)
Maximum penalty: 10 years in prison and $250,000 fineBringing In Undocumented Migrants for Financial Gain and Aiding and Abetting
Title 8, U.S.C., Section 1324(a)(2)(B)(ii) and Title 18, U.S.C., Section 2
Maximum penalty: 15 years in prison and $250,000 fineAGENCIES
Homeland Security Investigations
United States Border Patrol
California Highway Patrol
Imperial County Sheriff’s OfficeColorado High School Activities Association Agrees to Improve Access for Student Athletes with DisabilitiesRead the Press Release
DENVER—The U.S. Attorney’s Office for the District of Colorado announced today that the United States has resolved a discrimination complaint under the Americans with Disabilities Act (ADA) against the Colorado High School Activities Association (CHSAA) related to a student athlete with diabetes who was disqualified from participating in an event at a state championship swim meet.
The Department of Justice received a complaint from the family of a high school swimmer, who has Type 1 diabetes, after the student was disqualified from swimming in an event at the 2021 state meet for having adhesive tape covering a continuous glucose monitor that he wears to monitor his blood sugar. Minutes before the start of the event, the head referee saw the piece of 2x2-inch adhesive tape covering the student’s continuous glucose monitor and disqualified him from the race.
CHSAA is the primary governing body for high school athletic activities throughout Colorado. It has 368 member schools across the state. It hosts the state championships and other competitions and events for boys’ and girls’ sports and other activities. The 2021 state swim meet was covered by CHSAA’s constitution, bylaws, and swimming-specific rules.
Under the ADA and its implementing regulations, entities like CHSAA are required to make reasonable modifications in policies, practices, or procedures when necessary to avoid discrimination on the basis of disability unless the modification would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.
To resolve the complaint, CHSAA agreed to take several steps to address how it will respond when student participants with disabilities who are participating in CHSAA-sponsored activities, or their coaches, seek modifications of the rules for those activities:
- Clarify in its activity-specific rules that students with disabilities may participate in CHSAA-sponsored activities while using adhesive tape on medical devices if they provide medical documentation;
- Adopt an internal procedure for evaluating requests from students with disabilities for reasonable modifications of CHSAA’s bylaws or the activity-specific rules, with such requests promptly evaluated by CHSAA Assistant Commissioners;
- Amend CHSAA’s bylaws to make clear that a student with a disability, or their coach, can seek an on-the-spot reasonable modification from a referee at games, meets, competitions, or other CHSAA-sponsored activities, and that the referee can grant such a request if it is readily apparent that the medical device is intended to address a disability;
- Make reasonable efforts to notify schools, coaches, students, and referees of these policy changes to CHSAA’s bylaws and activity-specific rules; and
- Provide training for CHSAA employees, contractors, agents, and volunteers on the requirements of the ADA.
The agreement covers all activities subject to CHSAA’s rules and bylaws.
“All students with disabilities deserve the same opportunities to participate in high school sports and activities as students without disabilities,” said U.S. Attorney Cole Finegan, “We are pleased that CHSAA has agreed to adopt policies that comply with the Americans with Disabilities Act.”
The agreement is not an admission of any violation or liability by CHSAA.
This case was handled by Assistant U.S. Attorneys Julia Prochazka and Zeyen Wu.
Video: https://www.youtube.com/watch?v=Q82cYisLbLs&t=2s
Central Illinois Employee Pleads Guilty to Defrauding Maui JimRead the Press Release
PEORIA, Ill. – A Bradford, Illinois, woman, Erica Hornof, 36, of the 300 block of Enterprise Drive, pleaded guilty on March 20, 2023, to three counts of mail fraud and three counts of wire fraud in connection with a scheme to defraud Maui Jim, a sunglasses manufacturer. Sentencing for Hornof has been scheduled for June 15, 2023, at the U.S. Courthouse in Peoria, Illinois before U.S. District Judge James E. Shadid.
In court before U.S. Magistrate Judge Jonathan E. Hawley, Hornof admitted guilt to all six charges. During the hearing, the government stated that Hornof, a long-term employee of Maui Jim, was a Lead Repair Technician, responsible for fixing sunglasses. As such, she had access to the parts to construct sunglasses. Maui Jim conducted an internal investigation that revealed Hornof had, in fact, been stealing sunglasses parts. She used the stolen parts to assemble sunglasses and sold them to two individuals who then sold them on eBay. The mail fraud charges result from her use of the U.S. Mail Service to send the stolen goods. The wire fraud charges stem from her use of a PayPal account to transfer payments to her Princeville State Bank account. As alleged in the indictment, Hornof defrauded Maui Jim of more than $100,000.
Hornof remains free on bond, pending sentencing.
Hornof faces statutory penalties of up to 20 years’ imprisonment, followed by up to a three-year term of supervised release, and up to a $250,000 fine on each of the six counts.
The case investigation was conducted by the Federal Bureau of Investigation, Springfield Field Office. Criminal Chief Darilynn J. Knauss is representing the government in the prosecution.
Center Line Resident Sentenced in Unemployment Fraud SchemeRead the Press Release
DETROIT – A Center Line woman was sentenced to 18 months in prison today based on her conviction for stealing over $300,000 as part of a wire fraud scheme targeting pandemic unemployment assistance benefits, announced United States Attorney Dawn N. Ison.
Joining Ison in the announcement were James A. Tarasca, Special Agent in Charge of the Detroit Field Office of the Federal Bureau of Investigation, and Irene Lindow, Special Agent in Charge of the Chicago Region of the Department of Labor-Office of the Inspector General.
April Rienstra, 52, was sentenced by United States District Judge Bernard A. Friedman following her November 2022 guilty plea to one count of wire fraud arising from a scheme to defraud the Michigan Unemployment Insurance Agency (MUIA).
According to Court documents, between April 2020 and May 2021, Rienstra defrauded the MUIA by submitting false applications for pandemic unemployment benefits on behalf of herself and others (who paid her a fee). Ultimately, her scheme involved dozens of fraudulent claims and resulted in over $300,000 in losses to the MUIA.
In addition to the 18 months of imprisonment, Rienstra was ordered to pay $318,760 in restitution.
United States Attorney Ison stated, “Enhanced assistance for unemployed workers was a key lifeline for many of our district’s citizens during the pandemic. Unfortunately, those enhanced benefits attracted criminals seeking to exploit the system and enrich themselves at the public’s expense. Our office will remain vigilant in our pursuit of those who cheat the government and their fellow citizens.”
“Ms. Rienstra defrauded a system designed to provide much needed support to individuals who were unemployed because of the pandemic. Her actions potentially prevented those who legitimately needed financial support during difficult times from receiving vital assistance,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “The FBI and our partners are committed to holding those who defraud the government accountable for their crimes.”
“April Rienstra defrauded the State of Michigan Unemployment Insurance Agency of more than $300,000 by filing multiple fraudulent unemployment insurance claims that she was not entitled to. We will continue to work with our law enforcement partners and state workforce agencies to protect the integrity of unemployment insurance benefit programs," said Irene Lindow, Special Agent-in-Charge, Great Lakes Region, U.S. Department of Labor, Office of Inspector General.
The case was prosecuted by Assistant United States Attorney Alyse Wu. The investigation was conducted jointly by the FBI and the Department of Labor, Office of Inspector General.Cass County Felon Pleads Guilty to Illegal Possession of an Unregistered FirearmRead the Press Release
MINNEAPOLIS – A Cass County man has pleaded guilty to illegal possession of a short-barreled shotgun, announced U.S. Attorney Andrew M. Luger.
According to court documents, on July 8, 2021, John Jarrod Jones, 44, illegally possessed a 12-gauge short-barreled shotgun. Jones took the firearm into a restroom at the Cedar Lakes Casino and Hotel on the Leech Lake Indian Reservation and hid it behind a garbage can along with a plastic bag containing shotgun shells and a knife. Jones left the restroom and was later arrested in the Casino on unrelated charges.
Because Jones has several prior felony convictions in Hennepin and Cass County, he is prohibited from lawfully possessing any firearms or ammunition. Jones pleaded guilty today in U.S. District Court before Senior Judge Eric C. Tostrud to one count of possession of an unregistered firearm. A sentencing hearing has yet to be scheduled.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Leech Lake Police Department.
Assistant U.S. Attorneys Emily A. Polachek and LeeAnn K. Bell are prosecuting the case.
California Man Charged with Conspiring to Make Death Threats Against Brooklyn-Based JournalistRead the Press Release
Nicholas Welker, also known as “King ov Wrath,” was arrested today in San Jose, California based on a complaint filed in Brooklyn federal court charging him with conspiring to make threatening statements. The complaint charges that Welker, the one-time leader of Feuerkrieg Division (FKD), an international racially or ethnically motivated violent extremist group, posted death threats against a Brooklyn-based journalist (the “Journalist”) in a public online forum and his co-conspirators tweeted the death threats at the Journalist for reporting on the extremist group. Welker is expected to appear in federal district court in the Northern District of California in San Jose this afternoon.
Breon Peace, United States Attorney for the Eastern District of New York, and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI) announced the charges.
“As alleged, Nicholas Welker used threats of violence in an effort to stop a journalist from reporting on the white supremacist hate group that he led. He sought to quell freedom of expression and to intimidate and instill fear in a journalist and the journalist’s employer—a well-known news media organization,” stated United States Attorney Peace. “We will not hesitate to prosecute those who threaten the core values on which our society was founded, including freedom of the press.”
Mr. Peace praised the outstanding investigative work of the FBI’s New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the New York City Police Department, and over 50 other federal, state, and local agencies, and the FBI’s San Francisco Field Office. Mr. Peace also thanked the U.S. Attorney’s Office for the Northern District of California for its assistance, as well as the Estonian Internal Security Service and the Prosecutor’s Office for their valuable support.
“As alleged, Mr. Welker and those he encouraged attempted to silence a journalist with threats of violence. Freedom of both speech and the press are integral to our nation, and we will not allow it to be restricted through violence or intimidation. Today’s action serves as a reminder to anyone willing to attack these rights - the FBI will do everything in our power to fulfill our mission of protecting the American people and upholding the Constitution,” stated FBI Assistant Director-in-Charge Driscoll.
Welker’s threat included an image that featured a gun aimed at the Journalist’s head with the words “Race Traitor” over the Journalist’s eyes and stated, “JOURNALIST F[***] OFF! YOU HAVE BEEN WARNED.” The threat highlighted that the Journalist “Works as a Reporter” at a news media company and is “Responsible for Stalking our Boys for Information.” After Welker posted the threat to an online forum, Welker’s two minor-aged co-conspirators (who were also members of the white supremacist group) tweeted the threat directly at the Journalist’s twitter handle, in the hope that the Journalist would see the death threat and stop reporting.
As alleged in the complaint, Welker was the leader of an extremist group whose members share a common goal of challenging laws, social order, and the government via terrorism and other violent acts. The organization encourages attacks on racial minorities, the Jewish community, the LGBTQ+ community, the U.S. Government, journalists, and critical infrastructure. FKD has members in the United States and abroad.
The charge in the complaint is an allegation, and the defendant is presumed innocent unless and until proven guilty. If convicted, Welker faces a maximum sentence of five years’ imprisonment.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorney Ellen H. Sise is in charge of the prosecution with assistance from Trial Attorney Jennifer Levy of the National Security Division’s Counterterrorism Section and EDNY Litigation Analyst Ben Richmond.
The Defendant:
NiCHOLAS WELKER (also known as “King ov Wrath”)
Age: 31San Jose, California
E.D.N.Y. Docket No. 23-MJ-230
Caldwell Woman Sentenced for Conspiring to Distribute Bath Salts and Conspiring to Commit Money LaunderingRead the Press Release
BOISE – Angela Marie Klinkhamer, 44, of Caldwell, was sentenced to 70 months in federal prison for conspiring to distribute controlled substances and conspiring to commit money laundering, U.S. Attorney Josh Hurwit announced today.
According to court records, Klinkhamer and her coconspirators engaged in a lengthy conspiracy to distribute drugs, including bath salts (alpha-PHP or synthetic cathinone). Klinkhamer’s role in the conspiracy involved renting a mailbox where the drugs were shipped from overseas. After the drugs arrived at the mailbox, Klinkhamer distributed the drugs to others. She also collected over $10,000 in drug proceeds for the organization, which she provided to codefendants through bank transactions and crypto currency exchanges. When conducting the financial transactions involving drug proceeds, Klinkhamer took steps to conceal the nature and source of the drug proceeds.
Chief U.S. District Judge David C. Nye also sentenced Klinkhamer to serve three years of supervised release following her prison sentence. Klinkhamer pleaded guilty to the crime on November 28, 2022. Codefendant Laura Denise Russell, 65, of Boise, is scheduled to enter a guilty plea on April 4, 2023. Codefendants Troy Thomas Wheeler, 48, of Meridian, and Michael Robert Osborn, 39, of Boise, are scheduled for trial to begin June 20, 2023.
“Drug trafficking organizations are constantly evolving in how they traffic drugs and launder money, including by using crypto currencies” said U.S. Attorney Hurwit. “This case shows that, despite their best efforts, these criminals cannot outrun law enforcement.”
“Drug trafficking organizations have a devastating impact on our communities, and we are committed to doing everything in our power to disrupt their illegal activities. Our ongoing efforts to dismantle these organizations and bring their members to justice can make a significant impact in reducing their prevalence and keeping our communities safe,” said Special Agent in Charge Robert Hammer, who oversees HSI operations in the Pacific Northwest. “I commend the agents at both HSI and the IRS for their tireless work and dedication to this important mission.”
“IRS Special Agents are experts in unraveling complex financial transactions and money laundering schemes involving crypto currencies,” said Andy Tsui, Special Agent in Charge, IRS Criminal Investigation Denver Field Office. “This sentencing should send a clear message to drug traffickers that CI and our law enforcement partners are relentless in our mission to dismantle drug trafficking organizations and bring these criminals to justice.”
U.S. Attorney Hurwit credited the cooperative efforts of Homeland Security Investigations, IRS – Criminal Investigation, and the U.S. Postal Inspection Service, which led to the charges.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Bulgarian Woman Charged for Role in Multi-Billion-Dollar Cryptocurrency Pyramid Scheme “OneCoin” and Extradited from Bulgaria to the United StatesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Michael J. Driscoll, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Thomas Fattorusso, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation, New York Field Office (“IRS-CI”), announced today the unsealing of charges against IRINA DILKINSKA in connection with her participation in the massive OneCoin fraud scheme. OneCoin, which began operations in 2014 and was based in Sofia, Bulgaria, marketed and sold a fraudulent cryptocurrency by the same name through a global multi-level-marketing (“MLM”) network. As a result of misrepresentations made about OneCoin, victims invested over $4 billion worldwide in the fraudulent cryptocurrency. DILKINSKA was extradited from Bulgaria yesterday and will be presented before United States Magistrate Judge Sarah Netburn later today.
U.S. Attorney Damian Williams said: “Irina Dilkinska, the supposed Head of Legal and Compliance for the OneCoin cryptocurrency pyramid scheme, accomplished the exact opposite of her job title and allegedly enabled OneCoin to launder millions of dollars of illegal proceeds through shell companies. Dilkinska helped perpetuate a wide-ranging scheme with millions of victims and billions of dollars in losses, and she will now face justice for her alleged crimes.”
FBI Assistant Director Michael J. Driscoll said: “As alleged in the charges unsealed today, Dilkinska helped her co-conspirator, Mark Scott, launder approximately $400 million in OneCoin proceeds while she was purportedly OneCoin’s Head of Legal and Compliance. Further, when she learned of Scott’s arrest, she destroyed incriminating documents and sent another co-conspirator incriminating messages. As the actions announced today should demonstrate, the FBI will continue its determination to bring alleged fraudsters like Dilkinska to justice.”
IRS-CI Special Agent in Charge Thomas Fattorusso said: “The charges against Irina Dilkinska are the outcome of the exceptional investigative work of our federal and international law enforcement partners. Those who commit fraud are put on notice today that IRS Criminal Investigation is committed to holding them accountable no matter where they are located.”
According to the allegations in the Superseding Indictment and other filings and statements made in court:[1]
In 2014, RUJA IGNATOVA, a/k/a “the Cryptoqueen,” and KARL SEBASTIAN GREENWOOD co-founded OneCoin,[2] a company based in Sofia, Bulgaria, that marketed a purported cryptocurrency by the same name, which was in fact a fraudulent pyramid scheme. OneCoin operated as a MLM network through which members received commissions for recruiting others to purchase cryptocurrency packages. This MLM structure influenced rapid growth of the OneCoin member network. Indeed, according to OneCoin’s promotional materials, over three million people invested in fraudulent cryptocurrency packages. OneCoin records show that, between the fourth quarter of 2014 and the fourth quarter of 2016 alone, OneCoin generated €4.037 billion in sales revenue and earned “profits” of €2.735 billion.
DILKINSKA was the purported Head of Legal and Compliance for OneCoin, but rather than ensuring that OneCoin complied with the law, DILKINKSA assisted in the creation and management of shell companies in order to launder OneCoin proceeds and to hold property belonging to IGNATOVA. For example, in 2016 and 2017, DILKINSKA helped co-conspirator MARK SCOTT, a former equity partner at a prominent international law firm, launder approximately $400 million in OneCoin proceeds through a series of fake Cayman Islands investment funds operated by SCOTT. Among other things, DILKINSKA used a company named B&N Consult EEOD, which was falsely described as offering “proprietary consulting services, support and software solutions” to its clients and as generating €200 million in 2015 through 2016, to disguise the transfer of millions of dollars as purported “investments” into SCOTT’s funds. In reality, B&N was a shell company that did not generate legitimate income and was used by DILKINSKA to launder OneCoin proceeds. In or around September 2018, DILKINSKA learned of SCOTT’s arrest in connection with his laundering of OneCoin proceeds. Shortly thereafter, DILKINSKA burned incriminating documents, sent co-conspirator KONSTANTIN IGNATOV a text message with a link to a newspaper article about the arrest, and then wrote a series of texts, including, “See this!!!!!”; “Something is going on!!!!!”; and “If this is true I need the mega lawyers for whom [co-conspirator FRANK SCHNEIDER] was talking!!!”
On October 12, 2017, IGNATOVA was charged with OneCoin-related fraud and money laundering charges in the United States District Court for the Southern District of New York, and a federal warrant was issued for her arrest. On October 25, 2017, IGNATOVA traveled on a commercial flight from Sofia, Bulgaria, to Athens, Greece, and has not been seen publicly since. IGNATOVA was added to the FBI’s Top Ten Most Wanted List in June 2022. The FBI is offering a $100,000 reward for information leading to IGNATOVA’s arrest.
* * *
DILKINKSA, 41, of Sofia, Bulgaria, has been charged with one count of conspiracy to commit wire fraud, which carries a maximum potential sentence of 20 years in prison, and one count of conspiracy to commit money laundering, which carries a maximum potential sentence of 20 years in prison.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the IRS-CI and the FBI, which jointly conducted this investigation with Special Agents from the U.S. Attorney’s Office. Mr. Williams also thanked the United States Marshals Service, the Justice Department’s Office of International Affairs, and Bulgarian authorities.
If you have any information about IGNATOVA’s whereabouts, please contact your local FBI office or the nearest American Embassy or Consulate. Tips can be reported anonymously and can also be reported online at tips.fbi.gov.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Christopher J. DiMase, Nicholas Folly, Juliana N. Murray, and Kevin Mead are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.
[2] OneCoin has operated using several corporate entities and d/b/a names, including “OneCoin Ltd.,” “OnePayments Ltd.,” “OneNetwork Services Ltd.,” “OneAcademy,” and “OneLife.” These entities and d/b/a names are referred to collectively here as “OneCoin.”
Buffalo Couple Arrested, Charged with Making, Passing Counterfeit MoneyRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Eric M. Butson, 36, and Catalina Hernandez, 41, both of Buffalo, NY, were arrested and charged by criminal complaint with conspiracy to manufacture and pass counterfeit United States currency. The charges carry a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Paul E. Bonanno, who is handling the case, stated that between December 2022, and March 2023, Butson and Hernandez are accused of conspiring to manufacture and pass counterfeit money in stores, restaurants, and shops. According to the complaint, on January 10, 2023, Butson and Hernandez used a counterfeit $100 bill to make a purchase at Watson's Chocolates on Elmwood Avenue in Buffalo. Watson's Chocolates reported this incident and provided surveillance video to the United States Secret Service. Subsequent investigation determined that Butson and Hernandez, wearing Covid masks, successfully passed or attempted to pass counterfeit $100 bills, bearing the same serial number of the bill used at Watson’s Chocolates, at multiple businesses including:
- Salsaritas
- Sunshine and Bluebirds
- Elmwood Pet Supplies
- Walgreens Drug Store
- Hydraulic Hearth
- Left Bank Restaurant
- Jim’s Steakout
- Cheesy Chick Café
- Humbert House Restaurant
On February 6, 2023, investigators pulled the trash from the defendants Orlando Street residence, recovering an ink cartridge, a partial counterfeit bill, printer paper with the outlines of bills used to align printing of counterfeit bills, receipts, and bags from businesses on Elmwood Avenue where counterfeit bills were passed, and handwritten addresses of businesses where counterfeit bills were passed. To date, Butson and Hernandez have attempted to pass counterfeit bills at more than 50 businesses in the greater Buffalo area. They are also currently charged in the Towns of Amherst and West Seneca with passing counterfeit bills.
The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and are being held pending a detention hearing on March, 24, 2023.
The criminal complaint is the result of an investigation by the United States Secret Service, under the direction of Special Agent-in-Charge Jeffrey Burr, Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, and the New York State Police, under the direction of Major Eugene Staniszewski.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Beaufort County Man Sentenced for Tax Evasion and Ordered to Pay $3,097,582 in RestitutionRead the Press Release
CHARLESTON, SOUTH CAROLINA — Michael Sturms, 78, of Bluffton, was sentenced to five years of probation and ordered to pay restitution to the Internal Revenue Service (IRS) after pleading guilty to tax evasion.
Evidence presented to the Court showed that Sturms failed to timely file individual income tax returns with the IRS for tax years 2007 through 2012, and he only filed these delinquent returns in 2014 as part of divorce proceedings from his then-wife. Sturms signed each of these late filed returns, admitting to a significant tax deficiency.
In 2015, the IRS filed a number of federal tax liens in South Carolina and Florida against Sturms and his business entities for taxes owed. On March 9, 2015, the IRS sent Sturms a Final Notice of Intent to Levy in the amount of $2,368,409.94, which included the total taxes, penalties, and interest then due and owing.
Knowing that he had taxes due and owing, Sturms attempted to evade and defeat the payment of income tax by engaging in a series of financial transactions that were designed to hide funds that Sturms received from a large breach-of-contract settlement. These efforts to evade the payment of taxes included Sturms’ creation of a new business checking account in the name of Worldwide Financials, LLC, to deposit $1,181,321.64 of settlement money, a failed attempt to withdraw $1 million in cash from this newly created account, and the transfer of $550,000 of these settlement proceeds to his new wife, which then was used to purchase a residence lien-free in his new wife’s name.
As part of his sentence, United States District Judge Richard M. Gergel ordered defendant to pay $3,097,582 in restitution, which represents the accrued unpaid taxes, interest, and fees owed to the United States.
This case was investigated by the Internal Revenue Service, Criminal Investigation Division. Assistant U.S. Attorney Allessandra Stewart is prosecuting the case.
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Another indicted in connection to armed robbery of AR-rifleRead the Press Release
McALLEN, Texas – Three men have now been charged in connection of a hotel robbery of an AR-variant rifle, announced U.S. Attorney Alamdar S. Hamdani.
A federal grand jury returned a superseding indictment adding Nathan Garza aka Goofy, 27, McAllen, to the robbery charge as well as being a felon in possession of a firearm. He is in custody on related charges and expected to make his initial appearance on the federal indictment before a U.S. magistrate judge in the near future.
Oscar Joel Frias aka OJ, 20, Edinburg, was previously indicted for the robbery and possession of a stolen firearm. Also implicated in connection to the crime was Jahiro Sarmiento Martinez, 29, Edinburg, and charged for illegally possession a firearm as a felon. Frias and Garza are also charged with brandishing firearms during a crime of violence.
On Oct. 13, 2022, Frias and Garza allegedly stole a DPMS Panther Arms AR-Variant rifle at gunpoint from a victim at a motel in Edinburg. The charges allege Frias used a 9mm pistol to commit the robbery. While conducting surveillance the following day, law enforcement observed Martinez loading the stolen AR into a vehicle, according to the allegations. Upon their arrests, law enforcement allegedly discovered multiple firearms within the vehicle.
As convicted felons, Martinez and Garza are prohibited per federal law of possessing firearms or ammunition.
If convicted, Frias and Garza face up to 20 years for the robbery, while Garza and Martinez could receive up to 15 years for the firearms charge. Upon conviction of brandishing a firearm, Frias and Garza would receive a mandatory seven-year-sentence which must be served consecutively to any other prison term imposed. Each conviction also carries a possible fine of up to $250,000.
All three men remain in custody pending further proceedings.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of police departments in Edinburg and Palmview, Texas Department of Public Safety and the Hidalgo County District Attorney’s Office. Assistant U.S. Attorneys Devin V. Walker and Lee A. Fry are prosecuting the case.
This case is being prosecuted as part of the joint federal, state and local Project Safe Neighborhoods (PSN) Program. In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old, evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Allahjuan Calhoun Sentenced for Failure to AppearRead the Press Release
The United States Attorney for the District of Vermont announced that Allahjuan Calhoun, 32, of Yonkers, New York, was sentenced today in United States District Court in Burlington to one year and one day of imprisonment following his guilty plea to a charge that he failed to appear for a final supervised release revocation hearing. United States District Judge Christina Reiss also ordered that Calhoun’s sentence run consecutively to any undischarged term of imprisonment that Calhoun is serving.
According to court records, in 2020 Calhoun pleaded guilty in Vermont to being a felon in possession of a firearm. Judge Reiss sentenced Calhoun to 26 months of imprisonment, to be followed by a two-year period of supervised release. Calhoun completed his prison term in 2021. Soon after, the U.S. Probation Office filed a petition to revoke Calhoun’s supervised release because, among other things, he repeatedly smoked marijuana in violation of his conditions.The court scheduled a final hearing on the motion to revoke Calhoun’s supervised release for March 22, 2022. Although he was aware of the court date, Calhoun failed to appear as required and the court issued a bench warrant for his arrest. Calhoun was arrested on the warrant in late June 2022. On October 27, a grand jury returned a one-count indictment charging Calhoun with failure to appear.
Calhoun is represented by Assistant Federal Defender Mary Nerino. The prosecutor is Assistant U.S. Attorney Gregory Waples.
ADA Settlement Improves Accessibility at West Hartford Acupuncture PracticeRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that West Hartford Acupuncture, located at 173 Oakwood Avenue in West Hartford, has entered into a settlement agreement with the United States under the Americans with Disabilities Act. In the agreement, West Hartford Acupuncture has agreed to make its business more accessible to persons with disabilities.
The settlement resolves a complaint filed with the U.S. Department of Justice that claims that West Hartford Acupuncture is not physically accessible to persons with mobility disabilities. Under the terms of the settlement, West Hartford Acupuncture must make numerous changes to its West Hartford building, including making the building’s entrance accessible to persons with mobility disabilities, making its parking ADA-compliant, improving signage, and increasing accessibility inside the building. West Hartford Acupuncture has also agreed to provide ADA training for its staff.
Under federal law, private entities that own or operate places of “public accommodation,” including professional offices of health care providers, hospitals, and other service establishments, 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.
“It is critically important that health care services are accessible to all in our community,” said U.S. Attorney Avery. “I applaud the operators of West Hartford Acupuncture for agreeing to make their services more accessible to persons with disabilities, without litigation.”
West Hartford Acupuncture has three years to make the changes required by the agreement and must submit certifications concerning compliance to the U.S. Attorney’s Office every six months until it has fully complied with the agreement.
A copy of the settlement agreement will be found on www.ada.gov.
This matter was handled by Assistant U.S. Attorney Stewart C. Dearing.
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 Department of Justice Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
20 March 2023
“Suicide Squad” sentenced for trafficking drugs worth over $1.6MRead the Press Release
McALLEN, Texas – Three individuals have been sent to prison for conspiracy to import heroin and fentanyl into the United States from Mexico, announced U.S. Attorney Alamdar S. Hamdani.
Elias Herrera, 31, Liz Jomayra Diaz-Colon, 23, and Jonathan Guemez, 30, all previously pleaded guilty and admitted they admitted they had conspired together to import the drugs into the United States. All are from Nashville, Tennessee.
Today, U.S. District Judge Randy Crane imposed a 87-month term of imprisonment for Herrera to be immediately followed by three years of supervised release. At the hearing, the court heard Herrera had recruited his co-defendants and smuggled heroin and fentanyl for a period of eight months prior to his arrest. In handing down the prison terms, Judge Crane noted Herrera’s extensive involvement in drug smuggling as a recruiter and organizer.
Diaz-Colon and Guemez were previously sentenced to 36 and 87 months in federal prison, respectively, and must serve four years on supervised release.
In 2021, Diaz-Colon, Herrera and Guemez began working with Mexican drug traffickers to coordinate transportation of multiple drug loads into the United States.
On Aug. 20, 2021, Diaz-Colon attempted to pass through a Border Patrol (BP) checkpoint. A K-9 alerted to her vehicle which resulted in the discovery of 4.66 kilograms of heroin concealed in the battery of her Jeep Cherokee.
The following day, Herrera attempted to enter the United States. Authorities also discovered narcotics in his vehicle - 4.76 kilograms of fentanyl in the car’s battery.
Guemez also attempted to bring drugs into the country. Law enforcement was able to seize 3.94 kilograms of heroin from his vehicle.
The investigation connected all three people. It revealed they had been communicating with each other through WhatsApp, referring to themselves as the “Suicide Squad.”
At the time of their pleas, they admitted they had conspired together to import a total of 8.6 kilograms of heroin and 4.76 kilograms of fentanyl into the United States. The drugs have an estimated street value of approximately $1,622,880.
Herrera will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Eliza Carmen Rodriguez prosecuted the case.
Walker Man Pleads Guilty to Federal Charges in Connection with Interstate Transmission of a Threat to Injure Florida CongresswomanRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced that Charles T. Germany, age 52, of Walker, Louisiana, pled guilty before Chief Judge Shelly D. Dick to interstate transmission of a threat to injure another.
According to admissions made during his plea, on or about May 27, 2022, in the Middle District of Louisiana, Germany knowingly placed a telephone call from his home in Walker, Louisiana, to a member of the House of Representatives in Florida containing a true threat to injure said member. During the call, he left a recorded voice message which was viewed by the member and their staff as a true threat.
This matter was investigated by the United States Capitol Police, the Federal Bureau of Investigation, and the Livingston Parish Sheriff’s Office and prosecuted by Assistant United States Attorney Jennifer M. Kleinpeter with the assistance of Trial Attorney Kevin Nunnally of the Department of Justice’s Counterterrorism Section.
United States Seeks Preliminary Injunction Against Denka Performance Elastomer to Immediately Reduce Chloroprene EmissionsRead the Press Release
Today, the Department of Justice, on behalf of the Environmental Protection Agency (EPA), filed a motion for preliminary injunction under the Clean Air Act (CAA) requesting that the court order Denka Performance Elastomer LLC (Denka) to require significant pollution controls to reduce chloroprene emissions, a pollutant that EPA has determined to be a likely carcinogen. The request for immediate relief by EPA and the Justice Department follows the United States’ complaint filed on Feb. 28, alleging an imminent and substantial endangerment to the communities surrounding the facility as a result of Denka’s manufacturing operations.
The Clean Air Act section 303 imminent and substantial endangerment lawsuit is currently pending in the U.S. District Court for the Eastern District of Louisiana.
“Today’s motion asks the court to require Denka to take strong action to protect neighboring communities from the urgent dangers caused by its harmful emissions,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This action shows our determination to address environmental justice concerns of overburdened communities and to protect children living and studying today near this facility.”
“All communities deserve to breathe fresh, clean air; it is one of EPA’s top priorities as we work to protect human health and the environment,” said EPA Administrator Michael S. Regan. “This is another action that sends a clear message that the Biden-Harris Administration is committed to the health and safety of St. John the Baptist Parish, and I will continue to pledge that EPA will use all legal remedies available to reduce harmful air pollution in this community.”
“As Regional Administrator, I am committed to reducing exposure to chloroprene in St. John the Baptist Parish,” said Administrator Dr. Earthea Nance of EPA Region 6. “Transparent engagement with the community is a top priority because people who live near Denka deserve to understand the purpose of the motion filed today and what EPA hopes to achieve by bringing this Clean Air Act Imminent and Substantial Endangerment case.”
Denka’s facility, located in St. John the Baptist Parish, Louisiana, manufactures neoprene, a flexible, synthetic rubber used to produce common goods like wetsuits, beverage cozies, laptop sleeves, orthopedic braces, and automotive belts and hoses. Chloroprene is a liquid raw material used to produce neoprene that is emitted into the air from various areas at the facility.
In 2010, EPA published its peer-reviewed assessment of chloroprene that concluded it is “likely to be carcinogenic to humans.” Approximately 20% of the total population living within two-and-a-half miles of Denka are children under the age of 18, and between 800-1,000 are children under the age of five. Children under the age of 16 are particularly vulnerable to mutagenic carcinogens like chloroprene. Denka’s chloroprene’s emissions reach more than 300 young children who attend the 5th Ward Elementary School, located within approximately 450 feet of Denka’s facility. Additionally, 1,200 children who attend East St. John High School, located about a mile-and-a-half north of Denka, are also exposed to the facility’s chloroprene emissions.
For more information on EPA’s actions to reduce chloroprene emissions from the Denka facility: www.epa.gov/la/laplace-st-john-baptist-parish-louisiana.
United States Files Complaint Alleging that Rite Aid Dispensed Controlled Substances in Violation of the False Claims Act and the Controlled Substances ActRead the Press Release
WASHINGTON – The Justice Department announced on March 13, 2023, that the United States filed a complaint in intervention in a whistleblower lawsuit brought under the False Claims Act (FCA) against Rite Aid Corporation and various subsidiaries (collectively Rite Aid) alleging that Rite Aid knowingly filled unlawful prescriptions for controlled substances. In addition to alleging claims under the FCA, the government’s complaint also alleges violations of the Controlled Substances Act (CSA). Rite Aid is one of the country’s largest pharmacy chains, with over 2,200 pharmacies in 17 states.
“The Justice Department is using every tool at our disposal to confront the opioid epidemic that is killing Americans and shattering communities across the country,” said Attorney General Merrick B. Garland. “That includes holding corporations, like Rite Aid, accountable for knowingly filling unlawful prescriptions for controlled substances.”
“We allege that Rite Aid filled hundreds of thousands of prescriptions that did not meet legal requirements,” said Associate Attorney General Vanita Gupta. “According to our complaint, Rite Aid’s pharmacists repeatedly filled prescriptions for controlled substances with obvious red flags, and Rite Aid intentionally deleted internal notes about suspicious prescribers. These practices opened the floodgates for millions of opioid pills and other controlled substances to flow illegally out of Rite Aid’s stores.”
“The opioid crisis has exacted a heavy toll on communities across the United States,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s complaint is an important reminder that the Justice Department will hold accountable any individuals or entities, including pharmacies, that fueled this terrible crisis.”
“Pharmacies, physicians, corporations, and other health care entities that have contributed to the proliferation of opioids in our communities and the tragic loss of life from overdose deaths must answer for their role in the crisis we now face,” said First Assistant U.S. Attorney Michelle M. Baeppler for the Northern District of Ohio. “This complaint is a continuation of the Justice Department’s commitment to hold accountable those entities that aggravated and profited from the opioid crisis.”
The government’s complaint alleges that, from May 2014 through June 2019, Rite Aid knowingly filled at least hundreds of thousands of unlawful prescriptions for controlled substances that lacked a legitimate medical purpose, were not for a medically accepted indication, or were not issued in the usual course of professional practice. These unlawful prescriptions included, for example, prescriptions for the dangerous and highly abused combination of drugs known as “the trinity,” prescriptions for excessive quantities of opioids, such as oxycodone and fentanyl, and prescriptions issued by prescribers whom Rite Aid pharmacists had repeatedly identified internally as writing illegitimate prescriptions.
The government alleges that Rite Aid pharmacists filled these prescriptions despite clear “red flags” that were highly indicative that the prescriptions were unlawful. The government further alleges that Rite Aid not only ignored substantial evidence from multiple sources that its stores were dispensing unlawful prescriptions, including from certain pharmacists, its distributor, and its own internal data, but compounded its failure to act by intentionally deleting internal notes about suspicious prescribers written by Rite Aid pharmacists and directing district managers to tell pharmacists “to be mindful of everything that is put in writing.” By knowingly filling unlawful prescriptions for controlled substances, the government alleges that Rite Aid violated the CSA and, where Rite Aid sought reimbursement from federal healthcare programs, also violated the FCA.
Along with Rite Aid Corporation, the government’s complaint names as defendants the following Rite Aid subsidiaries: Rite Aid Hdqtrs, Corp.; Rite Aid of Connecticut, Inc.; Rite Aid of Delaware, Inc.; Rite Aid of Maryland; Rite Aid of Michigan; Rite Aid of New Hampshire; Rite Aid of New Jersey; Rite Aid of Ohio; Rite Aid of Pennsylvania; and Rite Aid of Virginia.
“The action supported today by the Drug Enforcement Administration (DEA) should serve as a warning to those in the pharmacy industry who choose to put profit over customer safety,” said Special Agent in Charge Orville O. Greene of the DEA.
“Pharmacies are required to ensure prescription drugs are only dispensed based on valid prescriptions,” said Special Agent in Charge Maureen Dixon of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG). “Prescriptions which are not medically necessary, and not for a medically accepted indication, will not be paid for by Medicare and Medicaid. HHS-OIG will continue to work with our law enforcement partners and the Department of Justice’s Civil Division to recover improperly paid funds through the FCA.”
Whistleblowers Andrew White, Mark Rosenberg, and Ann Wegelin, who all previously worked for Rite Aid at various pharmacies, filed an action in October 2019 under the qui tam provisions of the FCA. Those provisions authorize private parties to sue on behalf of the United States for false claims and share in any recovery. The Act permits the United States to intervene and take over the lawsuit, as it has done here in part. Those who violate the Act are subject to treble damages and applicable penalties.
The case is captioned United States ex rel. White et al. v. Rite Aid Corp., et al., No. 1:21-cv-1239 (N.D. Ohio).
The United States’ intervention in this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the FCA. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
This matter is being handled by the Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the Northern District of Ohio. The DEA Cleveland Field Division, FBI Cleveland Field Office, and HHS-OIG provided substantial assistance in the investigation.
The United States is represented in this matter by Senior Trial Counsel Christopher Wilson of the Civil Division’s Fraud Section and Assistant U.S. Attorneys Patricia Fitzgerald and Elizabeth Berry for the Northern District of Ohio.
The Justice Department is committed to holding responsible those who have fueled the opioid crisis by violating the law.
Last week, the Associate Attorney General announced the creation of the Opioid Epidemic Civil Litigation Task Force, which formalizes and enhances coordination of the Department’s existing work and will consider new initiatives. Because of the scope and duration of the crisis, the Task Force includes U.S. Attorneys’ Offices, the Civil Division’s Consumer Protection Branch and Commercial Litigation Branch (Fraud Section), the Drug Enforcement Administration, and other Department components.
The Task Force will steer the Department’s civil litigation efforts involving actors alleged to have contributed to the opioid epidemic, including by diverting prescription opioids.
The claims asserted against defendants are allegations only and there has been no determination of liability.
U.S. Attorney’s Office Files Lawsuit Against Roosevelt Care Centers to Enforce Employment Rights Under the ADARead the Press Release
NEWARK, N.J. – The U.S. Attorney’s Office today filed a lawsuit in U.S. District Court for the District of New Jersey charging Roosevelt Care Centers for violating Title I of the Americans with Disabilities Act (ADA), U.S. Attorney Philip R. Sellinger announced.
The lawsuit alleges that Roosevelt Care Centers, a long-term care facility operated by the Middlesex County Improvement Authority, unlawfully terminated a dietary worker whose disability inhibited her ability to lift objects heavier than 20 pounds.
“No one should be denied their right to work because of a disability,” U.S. Attorney Philip R. Sellinger said. “The Americans with Disabilities Act was enacted to prohibit employers from denying employment to people with disabilities without making a reasonable accommodation. The U.S. Attorney’s Office is committed to protecting the civil rights and ensuring equal employment opportunities for all individuals with disabilities.”
Before sustaining an injury that caused the permanent lifting impairment, the employee had been successfully working at Roosevelt Care Centers for approximately 18 years and remained able to perform the essential functions of her position. Nonetheless, Roosevelt Care Centers terminated the dietary worker’s employment due to her disability without engaging in an interactive process to provide her with a reasonable accommodation.
Title I of the ADA prohibits employers from discriminating against a qualified individual on the basis of disability in regard to the hiring, advancement or discharge of employees; employee compensation; and other terms, conditions, or privileges of employment. An employer may not demote, terminate, or deny employment opportunities to an employee who is otherwise qualified if the demotion or termination is based on the need to make reasonable accommodations for the employee.
This matter was handled by the U.S. Attorney’s Civil Rights Division based on a referral from the Newark Area Office of the Equal Employment Opportunity Commission. U.S. Attorney Sellinger created a Civil Rights Division last year with the goal of protecting and upholding the civil rights of those in our community.
Individuals who believe they may have been victims of discrimination may file a complaint with the U.S Attorney’s Office at http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint or call the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339. Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD).
The government is represented by Assistant U.S. Attorney Thandiwe Boylan of the Civil Rights Division in Newark.
The complaint is an allegation of unlawful conduct. The allegation must still be proven in federal court.
roosevelt.complaint.pdfU.S. Attorney’s Office Collects More Than $36 Million Dollars in Civil and Criminal Actions in Fiscal Year 2022Read the Press Release
BUFFALO, NY - U.S. Attorney Trini E. Ross announced today that the Western District of New York collected $36,265,598.00 in criminal, civil and forfeiture actions in Fiscal Year 2022. Of this amount, $7,484,121.00 was collected in criminal actions and $28,781,477.00 was collected in civil actions. As a result, over $7,000,000 was given to victims of crime in the past year, while $964,621.00 was provided as aid to state and local law enforcement agency partners who worked hand in hand with the office on criminal cases.
Additionally, the Western District of New York worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $10,527,064.89 in cases pursued jointly by these offices.
I making the announcement, U.S. Attorney Ross specifically credited the work done by the Asset Recovery Division, under the leadership of Chief Kevin D. Robinson and Deputy Chief Grace Carducci. “This Office is focused on combating all crime, in particular those crimes involving violence, racism and bigotry, use of firearms, exploitation of women and children, and fraud,” stated U.S. Attorney Ross. “At the same time, we are focused on making sure that justice is fair and even handed. Everyone deserves to live and work in an environment that is safe, and your rights guaranteed under the law are afforded to you. In addition to combating crime, we seek to deprive criminals of those proceeds generated through their illegal activity, and to collect on behave of the victims of crime. Our goal is to make all victims of crime whole.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
In addition to recovering funds, more than 50 dangerous firearms and 1,800 rounds of ammunition were forfeited in FY 2021 as instrumentalities of criminal conduct in drug and violent gang cases. Forty Computers and electronic media devices—most related to child exploitation cases—were also forfeited.
The following cases are examples of successful forfeiture and affirmative civil enforcement cases concluded this past year in the Western District of New York:
- In April 2022, the district recovered $ $16.27 million as part of a civil forfeiture settlement in the United States v. 7405 Morgan Road, et al. case.
- In March 2022, the district recovered approximately $3.3 million as part of a criminal forfeiture settlement and $102,952.77 in court ordered restitution in the United States v. Christopher Parris case. Christopher Parris solicited and caused others to solicit various medical supply companies and governmental entities for orders of scarce PPE. Parris knowingly misrepresented his access to, and ability to obtain and deliver on time, vast quantities PPE.
- In December 2022, the district recovered approximately $277,500 in criminal forfeiture as a result of a jury trial in the United States v. Michael Rech case. Michael Rech submitted a fraudulent PPP loan application and received funds that he was not otherwise entitled to receive.
- In June 2022, the district recovered $600,000 from James A. Sakr, M.D., an ear, nose, and throat doctor based in Dansville, NY, to resolve allegations that Dr. Sakr fraudulently billed Medicare and Medicaid for procedures that were not medically necessary or that he did not perform.
- In August 2022, the district entered into a settlement for $950,000 with Elderwood, a Buffalo-based senior care company, to resolve allegations that Elderwood submitted false claims for payment from Medicare and Medicaid. Between August 1, 2013, and December 31, 2018, Elderwood submitted, or caused to be submitted, claims for payment to Medicare for physical therapy, occupational therapy, and speech therapy services that it knew were medically unnecessary. The submission of these medically unnecessary claims also resulted in Elderwood receiving artificially inflated payments from Medicaid.
- In February 2022, the district recovered $970,000 from Nightingale Corporation to resolve allegations under the False Claims Act. Nightingale is a manufacturer of office seating and furniture, which sells its products to various federal government agencies. In December 2019, Nightingale was awarded a General Services Administration (GSA) contract to supply office chairs to various federal agencies, including the Department of Defense. The contract required that Nightingale produce the chairs in the United States. The Government alleged that during the bidding process, Nightingale falsely represented to the GSA that it would produce the chairs at its Tonawanda, NY, location. Based on that representation, Nightingale was awarded the contract. However, between February 2020 and April 2021, Nightingale did not produce the chairs in Tonawanda or elsewhere in the United States, but rather the chairs were produced in Canada.
Two of Four Defendants Sentenced in Fentanyl ConspiracyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced a Dumont, Minnesota, man and a Sisseton, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on March 14, 2023.
Jevon Joseph Mcleod, a/k/a “Buddy Traffick”, 32, was sentenced to 40 years in federal prison, followed by four years of supervised release. Tiarah Grace Bissonette, 25, was sentenced to four years and nine months in federal prison, followed by four years of supervised release. They were also both ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Mcleod and Bissonette were indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in July of 2022. Mcleod pleaded guilty on December 5, 2022, and Bissonette pleaded guilty on March 14, 2023, directly preceding the sentencing hearing.
McLeod was the leader of a conspiracy in South Dakota to obtain pills containing fentanyl from out of state and distribute them in the Northeastern area of the state. McLeod recruited Bissonette and others to assist him in selling thousands of pills during the conspiracy. Bissonette obtained pills weighing a total of over 40 grams from McLeod and sold them to others.
The other two defendants are scheduled for trial on June 6, 2023.
This case was investigated by the U.S. Department of Interior - Bureau of Indian Affairs, South Dakota Department of Criminal Investigation, and the Roberts County Sheriff’s Office. Assistant U.S. Attorney Mark Hodges prosecuted the case.
Mcleod was immediately remanded to the custody of the U.S. Marshals Service, while Bissonette was given one day to self-report to the U.S. Marshal Service.
Two Men Sentenced for Role in Aggravated AssaultRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced two South Dakota men convicted of Assault Resulting in Serious Bodily Injury. The sentencing took place on March 14, 2023, in Aberdeen, South Dakota.
Cody Nicolas Gill, age 33, from Waubay, South Dakota, and Jesse Burton Robert Hopkins, Sr., a/k/a JJ, age 36, from Sioux Falls, South Dakota, were each sentenced to three years and nine months in federal prison, followed by three years of supervised release. Hopkins was ordered to pay a $1,000 fine. They were each ordered to pay $100 as a statutorily required special assessment to the Federal Crime Victims Fund.
Gill and Hopkins were indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury in October of 2022. Gill and Hopkins pleaded guilty to Assault Resulting in Serious Bodily Injury on December 12, 2022.
According to court documents, in late July of 2022, in Day County, South Dakota, Gill and Hopkins committed an aggravated assault against the victim. Gill and Hopkins jumped the victim for no reason, punching and kicking the victim while on the ground. The victim sustained serious injuries to his jaw, among other injuries, as a result of the assault.
This case was investigated by the FBI and the Sisseton-Wahpeton Oyate Sioux Tribe’s Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Gill and Hopkins were remanded to the custody of the U.S. Marshals Service to continue serving their sentences.