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Thursday 2 February 2023
Atlanta Man Pleads Guilty to Role in Methamphetamine Distribution Conspiracy Using Laundry Detergent BoxesRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Jose Javier Galvan (52, Atlanta, GA) has pleaded guilty to conspiracy to possess with the intent to distribute 500 grams or more of methamphetamine. Galvan faces a maximum penalty of life in federal prison. A sentencing date has not yet been set.
According to the plea agreement, in July and August 2021, Galvan and others conspired to distribute kilogram quantities of high-purity methamphetamine from Guadalajara, Mexico to Atlanta and Tampa.
Galvan drove from Atlanta to Tampa to plan for the distribution of the methamphetamine. He agreed to sell several kilograms of methamphetamine for approximately $5,700, with more quantities of the drug to follow by deliveries from his drug courier.
The drug courier drove from Atlanta to Plant City and delivered 1.89 kilograms of high-purity methamphetamine imported from Mexico. The methamphetamine was transported in a bright green laundry detergent box.
On or about July 22, 2021, Galvan again traveled from Atlanta to Temple Terrace, Florida to collect more than $11,000 in drug proceeds owed to him for the methamphetamine delivery. The following week, Galvan and a coconspirator agreed to deliver another multi-kilogram package of methamphetamine into the Middle District of Florida from the Atlanta area. The drug courier drove from Atlanta with methamphetamine contained in two bright orange laundry detergent boxes. Law enforcement stopped the vehicle in Lowndes County, Georgia. During the traffic stop, the officers discovered the laundry detergent boxes containing an aggregate amount of approximately 4.9 kilograms of methamphetamine.
This case was investigated by the Drug Enforcement Administration, the Winter Haven Police Department, the Plant City Police Department, and the Lowndes County (Georgia) Sheriff’s Office. It is being prosecuted by Assistant United States Attorney David W.A. Chee.
Armed Drug Trafficker with Multiple Criminal Convictions Is Sentenced to 26 Years in PrisonRead the Press Release
ASHEVILLE, N.C. – U.S. Attorney Dena J. King announced today that Benjamin Dann Owens, 36, of Hayesville, N.C., was sentenced to 312 months in prison followed by five years of supervised release for conspiracy to distribute and to possess with intent to distribute fentanyl, methamphetamine, Oxycodone, and other narcotics as well as conspiracy to manufacture marijuana, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
According to filed court documents and court proceedings, on December 20, 2020, at approximately 2:55 a.m., a deputy with the Clay County Sheriff’s Office attempted to conduct a traffic stop of Owens’s vehicle for multiple traffic violations. Owens failed to obey and instead began to drive recklessly at high speed. Owens evaded law enforcement and proceeded to abandon his vehicle. When law enforcement located and searched Owens’s vehicle, they found multiple firearms and ammunition, knives, as well as methamphetamine, Oxycodone pills, and marijuana. Later the same day, Owens was observed walking around Hayesville carrying a bag. When law enforcement attempted to stop Owens, he ignored the officers, threw the bag he was carrying in the nearby woods, and fled on foot. Law enforcement recovered the bag, and inside they found more firearms and ammunition, over 1,100 pills containing fentanyl, methamphetamine, marijuana and other narcotics.
According to court documents, on December 21, 2020, law enforcement executed search warrants at Owens’s residence and outbuildings on the property. Law enforcement seized from the residence more drugs, firearms, and ammunition. Law enforcement also discovered a marijuana grow operation and removed more than 135 marijuana plants from a shed on the property.
On January 7, 2021, law enforcement spotted Owens driving in Hayesville. Owens fled at high speed. Law enforcement followed Owens who eventually crashed his vehicle and fled on foot in the Nantahala National Forest. Owens was arrested shortly thereafter. Law enforcement recovered several loaded firearms, knives, and thousands of rounds of ammunition from the crash scene. Owens has multiple prior convictions in Georgia and North Carolina for drug trafficking, illegal gun possession, and other criminal offenses.
On August 19, 2022, Owens pleaded guilty to conspiracy to distribute and to possess with intent to distribute methamphetamine, fentanyl, Oxycodone, marijuana, MDA, and Suboxone, and conspiracy to manufacture 100 or more marijuana plants. He remains in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, U.S. Attorney King thanked the Drug Enforcement Administration, the Clay County Sheriff’s Office, the Macon County Sheriff’s Office, the Swain County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives for their investigation of the case.
Assistant United States Attorney Thomas Kent of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Andrews Man Pleads Guilty to Robbing Postal Carrier, Drug ConspiracyRead the Press Release
Florence, South Carolina ---- Jerome Terrell Davis, 30, of Andrews, pleaded guilty to his involvement in the robbery of a United States Postal Service mail carrier and his role in a marijuana trafficking conspiracy.
Evidence presented by the Government at the change-of-plea hearing established that on September 23, 2019, Davis and his co-defendant Trevor Raekwon Seward were anticipating the delivery of two pounds of marijuana that had been shipped from California through the United States Postal Service. Rather than deliver the package to Seward’s residence in Andrews, mail carrier Irene Pressley placed a form in Seward’s mailbox stating that the authorized recipient would need to come to the post office to claim the package.
Shortly thereafter, Seward left home armed with an AR-15. Davis then picked Seward up and they began searching for Pressley. Davis ultimately dropped Seward off on Senate Road in Andrews, where Seward fired approximately twenty rounds from his AR-15 into the back of Pressley’s vehicle, striking her multiple times. Seward then got into Pressley’s vehicle and drove approximately three miles away, where he left Pressley and her vehicle in a ditch on an access road to a hunt club. While on the access road, Seward removed mail from Pressley’s vehicle and searched through packages for the package intended for his residence or any other items of value. The package of marijuana that had been shipped to Seward’s residence was later found on Senate Road, where Pressley had been shot by Seward.
A jury in United States District Court previously convicted Seward of first degree murder, use of a firearm in furtherance of a crime of violence, robbery, possession of a firearm by a convicted felon, and conspiracy to traffic marijuana for his role in the murder and robbery of Pressley.
United States District Judge Donald C. Coggins accepted Davis’ plea and will sentence Davis after receiving and reviewing a pre-sentence report that will be prepared by the United States Probation Office. Davis faces up to twenty years in prison for the robbery of Pressley and up to five years in prison for the marijuana conspiracy conviction.
“Our office is committed to holding violent criminals accountable for their actions,” said U.S. Attorney Adair F. Boroughs. “Our mail carriers are increasingly becoming targets around the country, and we are grateful for the work done by our federal and local partners, particularly the United States Postal Inspection Service and the Williamsburg County Sheriff’s Office, in their efforts to bring justice to the individuals responsible for the robbery and murder of Irene Pressley.”
“The guilty plea by the defendant sends a strong message that the U.S. Postal Inspection Service (USPIS) and our partners will work tirelessly to bring justice against individuals responsible for causing harm to our Postal employees,” said Tommy D. Coke, Postal Inspector in Charge of the Atlanta Division. “Irene Pressley was a dedicated public servant in her community. I want to sincerely thank our partners for their support and commitment in identifying and holding accountable the individuals involved in this case to the full extent of the law.”
“The robbery and murder of Irene Pressley was a truly senseless act of violence,” said Williamsburg County Sheriff Stephen R. Gardner. “With the guilty plea entered by Mr. Davis and the jury’s conviction of Mr. Seward, we are pleased that the individuals who committed such a malicious crime will be held accountable for their actions.”
The case was investigated by agents of the United States Postal Inspection Service (USPIS), the Williamsburg County Sheriff’s Office, the Federal Bureau of Investigation (FBI), the South Carolina Law Enforcement Division (SLED), and the Charleston County Sheriff’s Office. Assistant United States Attorneys Nick Bianchi, Katherine Flynn and Elle E. Klein are prosecuting the case.
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Alleged Perpetrator of $100 Million Crypto Market Manipulation Scheme to Make Initial Appearance in the Southern District of New YorkRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Kenneth A. Polite, Jr., the Assistant Attorney General of the Justice Department’s Criminal Division, and Michael J. Driscoll, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced that AVRAHAM EISENBERG will make his initial appearance in the Southern District of New York later today in connection with an Indictment charging him with commodities fraud, commodities market manipulation, and wire fraud in connection with EISENBERG’s manipulation of the Mango Markets decentralized cryptocurrency exchange. As alleged in the Indictment filed on January 9, 2023, EISENBERG engaged in a scheme to fraudulently obtain approximately $110 million worth of cryptocurrency from the cryptocurrency exchange Mango Markets and its customers and achieved this objective by artificially manipulating the price of certain perpetual futures contracts. EISENBERG was previously arrested on December 26, 2022, in San Juan, Puerto Rico, pursuant to a criminal Complaint. EISENBERG will appear in federal court in Manhattan today and will be presented on the charges before United States Magistrate Judge Jennifer E. Willis. The case has been assigned to United States District Judge Richard Berman.
U.S. Attorney Damian Williams said: “As alleged, Avraham Eisenberg manipulated the Mango Markets cryptocurrency exchange in order to obtain over $100 million in illicit profits for himself. Through his scheme, Eisenberg left others holding the bag. Market manipulation is illegal in all of its forms, and this Office is committed to prosecuting such schemes wherever they occur – including in the cryptocurrency markets.”
Assistant Attorney General Kenneth A. Polite, Jr. said: “Exploiting decentralized finance platforms is the new frontier of old school financial crimes in which criminals abuse emerging technologies for their own personal gain. With this prosecution, the Criminal Division is sending the message that no matter the mechanism used to commit market manipulation and fraud, we will work to hold those responsible to account.”
FBI Assistant Director Michael J. Driscoll said: “The defendant is alleged to have executed a scheme through which he fraudulently acquired over $100 million worth of cryptocurrency. The FBI is dedicated to safeguarding the integrity of all financial markets and will ensure any individual willing to exploit one be held responsible in the criminal justice system.”
As alleged in the Indictment and the Complaint:[1]
Background on Mango Markets
Mango Markets is a decentralized cryptocurrency exchange that allows investors to, among other things, purchase and borrow cryptocurrencies and cryptocurrency-related financial products. Mango Markets is run by the Mango Decentralized Autonomous Organization (the “Mango DAO”). The Mango DAO has its own crypto token called MNGO, which investors could buy and sell. Holders of the MNGO token are allowed to vote on changes to Mango Markets and issues related to the governance of the Mango DAO.
Investors on Mango Markets can, among other things, buy and sell perpetual futures contracts (“Perpetuals”). When an investor buys or sells a Perpetual for a particular cryptocurrency, the investor is not buying or selling that cryptocurrency but is, instead, buying or selling exposure to future movements in the value of that cryptocurrency relative to another cryptocurrency. An investor who buys a Perpetual based on the relative value of the stablecoin USDC and MNGO (a “MNGO Perpetual,” for short) at a price of 0.02 USDC/MNGO is “long” on MNGO, and the value of that position will rise if the value of MNGO rises above 0.02 USDC/MNGO. Conversely, the investor who sold that Perpetual is “short” on MNGO, and the value of that position will rise if the value of MNGO falls relative to USDC. Either party to a Perpetual can settle the Perpetual at any time and realize their gain or loss.
To determine the settlement price of Perpetuals, Mango Markets uses an “oracle,” which is a computer program that calculates the relative value of two cryptocurrencies by looking at the exchange rate of those cryptocurrencies on various cryptocurrency exchanges (the “Oracle”). When the Oracle price changes for a particular cryptocurrency pairing, the settlement price of Perpetuals based on that cryptocurrency pairing also changes on Mango Markets. Each party to a Perpetual on Mango Markets also regularly makes or receives payments known as “funding” payments. Funding payments are calculated based on the midprice of bids and asks for that Perpetual compared to the Oracle price for that Perpetual. Funding payments are designed to ensure the purchase price for Perpetuals stays close to settlement prices.
Investors can also engage in “spot” trades on Mango Markets. In a spot trade, an investor exchanges one cryptocurrency for another, at whatever the prevailing exchange rate between those two cryptocurrencies is at the time of the transaction.
Mango Markets also allows investors to use their deposits and positions as collateral for borrowing and withdrawing cryptocurrency from the Mango Markets exchange. To borrow through Mango Markets, an investor accesses the Mango Markets website and clicks a button labeled “borrow” that allows the investor to borrow cryptocurrency. The investor can then withdraw the borrowed cryptocurrency by clicking another button labeled “withdraw.” The borrowed cryptocurrency comes from cryptocurrency that other investors have deposited in Mango Markets accounts. The amount that an investor on Mango Markets can withdraw is determined by a formula that looks at, among other things, the value of the cryptocurrency deposited in the investor’s account, the value of the investor’s positions on Mango Markets, and the amount of cryptocurrency that the investor has already borrowed through Mango Markets. Mango Markets uses a formula to track the relationship between these assets and liabilities, which Mango Markets labels the “health” of the account. If the “health” of a Mango Markets account falls below a certain threshold, the investor’s positions on Mango Markets can be liquidated
EISENBERG’s Market Manipulation Scheme
EISENBERG engaged in a scheme to steal approximately $110 million by artificially manipulating the price of MNGO Perpetuals on Mango Markets. To achieve this objective, EISENBERG took a number of steps. First, EISENBERG used an account that he controlled on Mango Markets to sell a large amount of MNGO Perpetuals and used a separate account on Mango Markets to purchase those same MNGO Perpetuals. One account that EISENBERG controlled held a “long” position, the value of which would rise if the value of MNGO relative to USDC rose above the threshold of 0.0382 USDC/MNGO (the “Long MNGO Perpetual Position”). The second account that EISENBERG controlled held a “short” position, the value of which would rise if the value of MNGO relative to USDC fell below 0.0382 USDC/MNGO (the “Short MNGO Perpetual Position”). EISENBERG was the owner of both positions and had sold to himself, from himself, the MNGO Perpetuals.
Second, EISENBERG made a series of large purchases of MNGO using the stablecoins USDC and USDT on multiple cryptocurrency exchanges with the objective of artificially increasing the price of MNGO relative to USDC and, in turn, the price of MNGO Perpetuals on Mango Markets. EISENBERG’s manipulative trading caused the price of MNGO Perpetuals on Mango Markets to rise approximately 1300% in a period of approximately 20 minutes.
Finally, as the price of MNGO Perpetuals on Mango Markets rose due to the manipulative purchasing by EISENBERG, the apparent value of the MNGO Perpetuals that EISENBERG had purchased for himself also rose. Because Mango Markets allows investors to borrow and withdraw cryptocurrency based on the value of their assets on the platform, the artificial increase in the value of the MNGO Perpetuals EISENBERG had purchased from himself allowed him to borrow, and then withdraw, approximately $110 million worth of various cryptocurrencies from Mango Markets, which came from deposits of other investors in the Mango Markets exchange. EISENBERG withdrew nearly all then-available funds from Mango Markets. When Eisenberg borrowed and withdrew this cryptocurrency, he had no intention of repaying the borrowed funds but rather intended to steal those funds.
After EISENBERG stopped purchasing MNGO with USDC in connection with his fraudulent scheme, the price of MNGO Perpetuals on Mango Markets – which was no longer being artificially propped up by EISENBERG – collapsed.
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AVRAHAM EISENBERG, 27, of San Juan, Puerto Rico, is charged with one count of commodities fraud, which carries a maximum sentence of 10 years in prison; one count of commodities manipulation, which carries a maximum sentence of 10 years in prison; and one count of wire fraud, which carries a maximum sentence of 20 years in prison.
The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the investigative work of the FBI and further thanked the Department of Homeland Security’s Homeland Security Investigations and the Internal Revenue Service-Criminal Investigation for their assistance with the investigation. Mr. Williams further thanked the Commodity Futures Trading Commission and the Securities and Exchange Commission, both of which have initiated civil proceedings against EISENBERG, for their cooperation and assistance in the investigation.
This case is being handled by Assistant U.S. Attorneys Thomas Burnett and Noah Solowiejczyk of the Office’s Securities and Commodities Fraud Task Force and Jessica Peck of the National Cryptocurrency Enforcement Team (NCET).
The NCET was created by the Criminal Division to combat the growing illicit use of cryptocurrencies and digital assets. Under the supervision of the Criminal Division, the NCET conducts and supports investigations into individuals and entities that are enabling the use of digital assets to commit and facilitate a variety of crimes, with a particular focus on virtual currency exchanges, mixing and tumbling services, and infrastructure providers.
The allegations in the Indictment and the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the Complaint, and the description of the Indictment and the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Additional Charges Brought Against Four Boston Police Officers Involved in Overtime Fraud SchemeRead the Press Release
BOSTON – Four Boston Police Officers have been charged in a superseding indictment in connection with an ongoing investigation of overtime fraud at the Boston Police Department’s (BPD) evidence warehouse.
Lieutenant Timothy Torigian, 57, of Walpole; Sergeant Robert Twitchell (retired), 61, of Norton; Officer Henry Doherty (retired), 64, of Dorchester; and Officer Kendra Conway, 52, of Boston, were charged in a superseding indictment with one additional count each of conspiracy to commit wire fraud. The original indictment returned in September 2020 charged the defendants and five others with one count of conspiracy to commit theft concerning programs receiving federal funds and one count of embezzlement from an agency receiving federal funds. Four of the co-defendants charged in original September 2020 indictment have since pleaded guilty and are awaiting sentencing. Charges against the remaining co-defendant were dismissed.
According to the charging documents, the defendants were assigned to BPD’s Evidence Control Unit (ECU), where they were responsible for, among other things, storing, cataloging and retrieving evidence at the warehouse. ECU officers were eligible to earn overtime pay of 1.5 times their regular hourly pay rate for overtime assignments. It is alleged that beginning in at least May 2016, the defendants routinely departed overtime shifts two or more hours early but submitted false and fraudulent overtime slips claiming to have worked the entirety of each shift.One overtime shift, called “purge” overtime, was focused on reducing the inventory of the evidence warehouse. The shift was supposed to be performed from 4:00 to 8:00 p.m. on weekdays. It is alleged that on days which the defendants claimed to have worked until 8:00 p.m., the warehouse was closed, locked and alarmed well before 8:00 p.m., and often by 6:00 p.m. or before. Despite this, it is alleged that the defendants routinely submitted false and fraudulent overtime slips claiming to have worked from 4:00 to 8:00 p.m. Supervisors, who also left early from this shift, allegedly submitted their own false and fraudulent slips and knowingly endorsed the fraudulent overtime slips of their subordinates.
Another shift, called “kiosk” overtime, was available to two ECU officers one Saturday per month from 6:00 a.m. to 2:30 p.m. This shift involved collecting materials, such as unused prescription drugs, from kiosks in each police district in the city and then transporting the materials to an incinerator in Saugus. It is alleged that defendants who performed this overtime shift routinely submitted overtime slips claiming to have worked eight and a half hours when in fact the defendants frequently completed the work and left the shift early, often before 10:00 a.m.
Between May 2016 and February 2019 the defendants allegedly collectively embezzled over $200,000 in overtime pay. According to court documents, Torigian received over $42,000 for overtime hours he did not work; Twitchell and Doherty each received over $25,000 for overtime hours they did not work; and Conway received over $16,000 for overtime hours she did not work.
From 2016 through 2019, BPD received annual benefits from the U.S. Department of Transportation and U.S. Department of Justice in excess of $10,000, which were funded pursuant to numerous federal grants.
The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss. The charge of embezzlement from an agency receiving federal funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss. The charge of conspiracy provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Mark Grady of Rollins’ Criminal Division is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Accountant Pleads Guilty to Misappropriating Funds from New Orleans BandRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that ALICE C. “SHANNON” CHABAUD, age 80, of New Orleans, pled guilty on February 1, 2023 to access device fraud in violation of Title 18, United States Code, Sections 1029(a)(2) and (c)(1)(A)(i), in relation to her theft from her former accounting client, a New Orleans-based band named as “Band A.”
According to documents filed in federal court, CHABAUD illegally accessed Band A’s bank accounts after she was terminated as the band’s accountant in 2015. From the time of her firing in September 2015 until May 2020, she misappropriated $207, 607.95 from Band A without band members’ knowledge or permission.
CHABAUD faces a maximum penalty of 10 years imprisonment, a up to a $250,000.00 fine or the greater of twice the gross gain to the defendant or twice the gross loss to any person under Title 18, United States Code, Section 3571, followed by up to three (3) years of supervised release, and a mandatory $100 special assessment fee.
U.S. Attorney Evans praised the work of the FBI New Orleans Field Office in investigating this matter. Assistant U.S. Attorney Matthew R. Payne is in charge of the prosecution.
30 Year-Old Yakama Man Sentenced to 10 Years Imprisonment for Brandishing a Firearm During and in Relation to a Crime of ViolenceRead the Press Release
Yakima, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced that James Skahan-Lowe, age 30, was sentenced today after having pleaded guilty on November 1, 2022, to Brandishing a Firearm During and in Relation to a Crime of Violence. Chief United States District Judge Stanley A. Bastian sentenced Skahan-Lowe to a 10-year term of imprisonment, to be followed by a 5-year term of court supervision after he is released from federal prison.
According to information in court documents and disclosed during court proceedings, Skahan-Lowe assaulted a male victim in Yakima, Washington on February 26, 2022. The victim had stopped on the side of the road to answer his cell phone. Skahan-Lowe saw the victim parked on the side of the road and confused him for someone else. Skahan-Lowe then parked behind the victim, got out of his car, and began arguing with the victim. Although the victim attempted to calm the situation down, Skahan-Lowe ultimately returned to his car and grabbed a rifle. Skahan-Lowe pointed the rifle at the victim and ordered him to get on the ground. The victim refused and attempted to run away. Skahan-Lowe chased the victim and then began hitting him with the rifle.
After assaulting the victim, Skahan-Lowe drove away from the area. Skahan-Lowe and another person returned to the crime scene a few minutes later. An unknown person then stole the victim’s car. Law enforcement arrived and provided the victim with medical treatment. The victim’s car was recovered a short time later. At the time, Skahan-Lowe was on pretrial release in a separate state criminal case, charging Skahan-Lowe with viciously assaulting another victim and fracturing that victim’s skull with a mallet.
On February 2, 2023, Skahan-Lowe appeared for his sentencing hearing for brandishing a firearm during a crime of violence. The victim courageously spoke at the hearing and described how this violent crime has affected him and his family. Skahan-Lowe also made a statement at the sentencing hearing and apologized to the victim. Skahan-Lowe stated that he is a good person but was filled with rage during that time in his life. Chief Judge Stanley A. Bastian stated that he hoped that Skahan-Lowe was sincerely sorry for his actions. Chief Judge Bastian then advised that he has an obligation to protect the community and imposed a sentence of 120-months imprisonment to be followed by 5-years of court supervision.
U.S. Attorney Waldref commended the bravery of the victim in this case. She stated, “I commend the courage and bravery of the victim to come forward and speak about this horrific crime. My office has an amazing team of prosecutors as well as victim and witness advocates, who work closely and respectfully with victims to ensure their voices are heard and to seek justice. The United States Attorney’s Office will continue to aggressively prosecute those who perpetrate violence within the boundaries of the Yakama Nation. Everyone deserves to feel safe. By removing dangerous individuals from society, our neighborhoods and communities will be safer and stronger.”
“Senseless is the only word describing the crime committed by the defendant” said Richard A. Collodi, Special Agent in Charge of the FBI’s Seattle field office. “Mr. Skahan-Lowe violently assaulted the victim after a case of mistaken identity. The FBI and our partners will continue working to reduce violent crime on our state’s reservations and hold those who commit those crimes accountable.”
As set forth in court documents and proceedings, Skahan-Lowe has an extensive criminal history. In 2010, he was convicted of Residential Burglary and Vehicle Prowling. In 2011, he was convicted of Unlawful Possession of a Firearm. In 2014, he was convicted of First-Degree Possession of Stolen Property and Second-Degree Burglary. In 2016, he was convicted of Possession of a Stolen Vehicle. In 2017, he was convicted of Second-Degree Burglary. In 2018, he was convicted of Possession of a Stolen Vehicle. He was later convicted of First-Degree Burglary, Possession of a Stolen Motor Vehicle, and First-Degree Unlawful Possession of a Firearm.
This case was prosecuted under the Project Safe Neighborhoods (PSN) program. PSN is a federal, state, and local law enforcement collaboration to identify, investigate, and prosecute individuals responsible for violent crimes in our neighborhoods. The U.S. Attorney’s Office is partnering with federal, state, local, and tribal law enforcement to specifically identify the criminals responsible for violent crime in the Eastern District of Washington and pursue criminal prosecution.
This case was investigated by the Yakama County Sheriff’s Office, the Yakama Nation Police Department, and the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Tom Hanlon.
1:22-CR-2079-SAB-1
Wednesday 1 February 2023
Wayne County Man Arrested, Charged with Receipt and Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Frederick Trevitt, 60, of Newark, NY, was arrested and charged by criminal complaint with receipt and possession of child pornography. The charges carry a mandatory minimum penalty of five years in prison, and a maximum of 20 years.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in August 2022, New York State Police investigators working undercover online, downloaded approximately 36 files of suspected child pornography from an IP address later traced to Trivett. On January 4, 2023, the NYSP executed a search warrant at Trevitt’s residence, seizing multiple electronic devices. A forensic analysis discovered more than 100 child pornography files on a laptop computer.
Trevitt made an initial appearance before U.S. Magistrate Judge Marian W. Payson and is being held.
The criminal complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino and the New York State Police, under the direction of Major Brian Ratajczak. Additional assistance was provided by the Wayne County District Attorney’s Office.
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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U.S. Attorney’s Office Hosts Series of High School Hate Crime Education Presentations as Part of DOJ’s United Against Hate InitiativeRead the Press Release
Burlington, Vermont – U.S. Attorney Nikolas P. Kerest announced that the United States Attorney’s Office has launched a series of presentations in Vermont high schools aimed at educating students on identifying, reporting, and preventing hate crimes and other civil rights violations. This effort is part of the Department of Justice’s United Against Hate Program, developed by its Hate Crimes Enforcement and Prevention Initiative. Attorneys from the U.S. Attorney’s Office and special agents from the FBI have conducted a handful of presentations in Vermont high schools and plan to visit additional schools in 2023.
“Civil rights enforcement is a priority of the United States Attorney’s Office,” said U.S. Attorney Nikolas P. Kerest. “And, in the civil rights context, enforcement often begins with regular reporting of potential civil rights violations. Regular reporting requires an understanding of the law. We are reaching out to Vermont youth – tomorrow’s adults – to give them the tools to recognize hate crimes or discrimination when it happens.”
“Hate crimes have a devastating impact not just on the victims, but their families and communities as well,” said Janeen DiGuiseppi, Special Agent in Charge of the Federal Bureau of Investigation’s Albany Field Office. “That’s why the FBI has been engaged in a nationwide effort to build awareness and encourage individuals to report violations. Our office works closely with our law enforcement partners at all levels to educate and prevent incidents, but we can’t investigate what we don’t know, so we need assistance from the public. We want everyone, including students, to understand that if they encounter what they believe is a hate crime that the FBI is here to investigate.”
If your school is interested in hosting a United Against Hate presentation, contact our office by filling out the form on our website by visiting https://www.justice.gov/usao-vt and clicking on “School Request Form – United Against Hate Presentation” in our Action Center. This interactive presentation is best for audiences under 100 students, though we are happy to discuss your school’s unique needs.
To learn more about the U.S. Attorney’s Office’s Civil Rights Program, or to file a complaint with our office, visit: https://www.justice.gov/usao-vt/civil-rights-program
To report a possible hate crime, call your local law enforcement or 1-800-CALL FBI
U.S. Attorney Hurwit Announces Trio of Child Predators Held Accountable in East IdahoRead the Press Release
POCATELLO – In the past week, two East Idaho men were sentenced, and one man was convicted at trial, in cases involving the sexual exploitation of children, U.S. Attorney Josh Hurwit announced today.
“My office will continue to aggressively prosecute predators who prey upon children,” said U.S. Attorney Hurwit. “Those who harm the most vulnerable members of our society must be held accountable to the full extent of the law.”
On January 25, after a three-day trial, a federal jury sitting in Pocatello found Joseph Hornof, 41, of Blackfoot, guilty of two counts of distribution of child pornography and one count of possession of child pornography. Chief U.S. District Judge David C. Nye presided over the trial. Following the jury’s verdict, Hornof is subject to a sentencing enhancement for committing a prior sex offense against a child in 2009 in Bannock County, Idaho.
On January 26, Shawn Chase Cody, 41, of Pocatello, was sentenced to 80 years in federal prison for production and possession of child pornography. According to court records, in August 2019, law enforcement received an investigative lead that Cody sexually abused multiple children for the past six years. Law enforcement learned from the victims that Cody possessed videos of these acts on his phone and computer. Cody was later arrested after his home was searched and the child pornography he produced was found on his devices. Also found in his possession were 2,259 still images and 53 videos of child pornography that he downloaded on the Internet.
On January 31, Bobby Clee Roberts, 53, of Rupert, was sentenced to nine years in federal prison for possession of child pornography. After law enforcement searched Roberts’ house, they found 19,200 files of child pornography located on his devices.
U.S. Attorney Hurwit thanked Homeland Security Investigations (HSI) in Idaho Falls, the Bannock County Sheriff's Office, Idaho Falls Police Department, Bonneville County Sheriff’s Office, Idaho ICAC Task Force, Boone North Carolina Police Department, Minidoka County Sheriff’s Office, and the Rupert Police Department for their cooperative efforts that led to the charges.
“I am proud of the work that our Project Safe Childhood team does every day in conjunction with our law enforcement partners,” said U.S. Attorney Hurwit. “It’s impressive to see the commitment and the long hours that attorneys and investigators put into these complex investigations.”
These cases were brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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U.S. Attorney Announces Results of Local, State, and Federal Partnerships Combating Violent Crime in Ocala and Marion CountyRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the results of a more than four-year gun violence reduction initiative between local, state, and federal law enforcement in Marion County. Since July 2018, the Ocala Division of the United States Attorney’s Office has partnered with the City of Ocala Police Department, the Marion County Sheriff’s Office, the Fifth Judicial Circuit Office of the State Attorney, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives in a joint effort to federally prosecute defendants who illegally possess firearms and ammunition in the Marion County area.
Between July 2018 and December 2022, the U.S. Attorney’s Office (Ocala Division) prosecuted 57 firearms cases involving 60 defendants. Many of the cases were adopted from the state system with the support of the Fifth Judicial Circuit State Attorney’s Office; others were handled jointly between state and federal investigators. As of December 31, 2022, 49 of the 60 defendants have been sentenced in federal court to a combined 388 years in federal prison.
“Combating violent crime requires the commitment and cooperation from everyone in our community,” said U.S. Attorney Roger B. Handberg. “The partnerships displayed here today have existed for many years and we look forward to working with the dedicated men and women of these local, state and federal agencies and our citizens in making this community a safer place to live.”
“Keeping our neighborhoods safe from gun violence is a shared responsibility that requires local law enforcement to collaborate with state and federal authorities,” said Ocala Police Chief Mike Balken. “I am extremely proud of the incredible work these partners are doing to hold violent criminals accountable for their actions. The efforts of this unified partnership should be celebrated as it has been relentless in the pursuit of justice and has made tremendous strides to ensure that citizens feel safe in their community.”
“In a world where criminal activity and violent gun crimes are at the forefront of citizen concerns, I am proud to live here in Marion County. In this county, we have joined forces on a federal, state, and local level to fight against this. We support, protect and defend the Constitution and have a great appreciation for those lawful gun owners that simply wish to live peaceably. But, we will come together bringing all of our available resources to maintain that peace when the violent, evil person tries to disrupt that. We cannot accomplish this on our own. It takes our citizen’s support and the cohesive working relationship with our fellow law enforcement agencies to keep Marion County one of the safest places to live, work, and play,” stated Marion County Sheriff Billy Woods.
We’re proud to help contribute the firepower of the federal government to the horsepower of our state and local partners to protect Central Florida’s communities,” said ATF Tampa Field Division’s Acting Special Agent in Charge Richard Coes. “No agency can tackle the issue of violent crime alone.”
“The FBI is committed to assisting our state and local law enforcement partners and enhancing their ability to impact or mitigate violent crime by providing analytical resources and agents to support their investigations when needed,” said Sherri E. Onks, Special Agent in Charge of the FBI Jacksonville Division. “In today’s world, the threats we face are too diverse, too dangerous, and too all-encompassing for any of us to tackle alone. This is a team approach, and the men and women of the FBI are committed to doing their part to help protect our communities across Florida.”
“Our primary mission at the State Attorney’s Office is public safety. In collaboration with the US Attorney’s Office, and all our law enforcement partners throughout Marion County, we strive every day to seek justice on behalf of victims of crime, and I consider it a privilege to work and live in our community,” stated State Attorney Bill Gladson.
This initiative in Marion County is part of the larger 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 of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Troy Man Sentenced to 10 Years for Attempting to Entice a MinorRead the Press Release
ALBANY, NEW YORK – Brian Botsford, age 26, of Troy, New York, was sentenced today to 120 months in prison for attempting to coerce and entice a 13-year-old child to engage in sexual acts with him. United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.
As part of his guilty plea, Botsford admitted that between July and August 2020, he sent graphic, sexually explicit text messages to an undercover investigator who was posing as the 13-year-old child. In those messages, Botsford repeatedly asked the child for naked photos and sent photos of an erect penis to the presumed child. Botsford further stated that he wanted the child to run away and live with him in an abandoned building and get the child pregnant. On August 10, 2020, Botsford attempted to meet the child in person at a location in Troy in order to engage in sexual acts with the child. Botsford was encountered by law enforcement upon his arrival and arrested.
Senior United States District Judge Gary L. Sharpe also imposed a 25-year term of supervised release to begin after Botsford is released from prison. Botsford will also have to register as a sex offender upon his release from prison.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the New York State Police, and the Colonie and Rotterdam Police Departments. Assistant United States Attorney Rachel L. Williams is prosecuting this case as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
Three California Companies Settle False Claims Act Allegations Relating to Improper Paycheck Protection Program LoansRead the Press Release
Three California companies have agreed to pay a total of $530,000 to settle allegations that they knowingly violated the False Claims Act when they received and retained more than one Paycheck Protection Program (PPP) loan prior to Dec. 31, 2020, in violation of PPP rules.
La Baguette, LLC, which operates a bakery in Palo Alto, has agreed to pay $430,000 to settle allegations that it received and retained a duplicate PPP loan in 2020 and then later improperly sought and received forgiveness for the duplicate loan.
Dynamic Integrated Solutions, Inc., an industrial equipment supplier located in Santa Clara, has agreed to pay $50,000 in civil penalties to settle allegations that it received and retained a duplicate loan. The company agreed to repay the loan in full to its lender, relieving the U.S. Small Business Administration (SBA) of liability to the lender for the federal guaranty of approximately $985,000 on the duplicate loan.
Priority Acquisitions, Inc., a licensed general contractor located in Castro Valley, has agreed to pay $50,000 in civil damages and penalties to settle allegations that it received and retained a duplicate loan. The company agreed to repay the loan in full to its lender, relieving the SBA of liability for the federal guaranty of approximately $200,625.
Congress created the PPP in March 2020, as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, to provide emergency financial support to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. The CARES Act authorized billions of dollars in forgivable loans to small businesses struggling to pay employees and other business expenses. Throughout 2020, PPP loan applicants were required to certify that they would not receive more than one PPP loan prior to Dec. 31, 2020.
“PPP loans were intended to provide critical relief to small businesses,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to pursuing those who knowingly violated the requirements of the PPP or other COVID-19 assistance programs and obtained relief funds to which they were not entitled.”
“PPP loans were intended to help qualified businesses retain their employees and pay other bills during the pandemic,” said U.S. Attorney Stephanie M. Hinds for the Northern District of California. “This Office will continue to pursue any business that misused the program by obtaining PPP loans for which they were not eligible, as the three settlements announced today reflect.”
“Those who violate the False Claim Act by fraudulently receiving and retaining SBA pandemic program funds will be held accountable,” said Special Agent in Charge Weston King of SBA OIG’s Western Region. “This settlement demonstrates that wrongfully obtaining taxpayer dollars will not go unnoticed, and violators will be identified. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their support and dedication to pursuing justice in this case.”
The settlements resolve claims brought under the qui tam or whistleblower provisions of the False Claims Act by J. Bryan Quesenberry. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Quesenberry v. Bay Wire, Inc., et al., No. 2:20-cv-712 (N.D. Cal.). Quesenberry will receive a total of approximately $80,000 in connection with the three settlements.
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 Northern District of California, with assistance from the SBA’s Office of General Counsel and Office of the Inspector General.
This matter was handled by Trial Attorney Jared S. Wiesner of the Civil Division and Assistant U.S. Attorney Michael T. Pyle for the Northern District of California.
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, and there has been no determination of liability.
Tewksbury Man Pleads Guilty to Bank RobberyRead the Press Release
BOSTON – A Tewksbury man pleaded guilty today in federal court in Boston to bank robbery.
Nicholas O’Neil, 39, pleaded guilty to one count of bank robbery before U.S. Senior District Court Judge Douglas P. Woodlock who scheduled sentencing for June 5, 2023. O’Neil was charged in October 2020.
On Sept. 22, 2020, an individual – later identified as O’Neil – entered a Santander Bank branch in Tewksbury, handed the teller a demand note and a red cloth bag. After obtaining cash from the teller, O’Neill exited the bank and sped away in a white pickup truck which was reported to police by a banking customer who had observed the robbery and followed the vehicle. The pickup truck was located a short time later and O’Neil was arrested without incident. The red cloth bag containing the stolen cash and demand note was found inside the vehicle.
The charge of bank robbery provides for a sentence of up to 20 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Tewksbury Police Chief Ryan M. Columbus made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Rollins’ Major Crimes Unit is prosecuting the case.
St. Louis Rapper Sentenced to 7+ Years in Prison for Gun ChargeRead the Press Release
ST. LOUIS – U.S. District Judge Stephen R. Clark on Wednesday sentenced a St. Louis gang leader and rapper to seven years and eight months in prison on a gun charge.
Arthur Pressley, a.k.a. 30 Deep Grimeyy or Grimeyy, was not only caught with a gun as a convicted felon, but had fake gun sale documents created to try and escape the charge.
Pressley, now 25, was stopped by St. Louis Metropolitan Police Department officers on Jan. 5, 2021 in a 2008 Pontiac G8. The Pontiac had a taillight out and had license plates registered to a Jeep.
Police found a Beretta 92FS 9mm pistol next to Pressley.
After the traffic stop, Pressley began sending text messages to the original purchaser of the gun, asking him to falsify a bill of sale to one of the other occupants of the Pontiac. He produced another falsified copy of the bill of sale in October, on the first day of his trial on the felony charge of being a felon in possession of a firearm.
Pressley then pleaded guilty rather than continue the trial. He admitted possessing the gun on a number of occasions between Oct. 4, 2021, the day after it was purchased, and the date of the traffic stop.
Investigators also found pictures of Pressley and the gun on the social media accounts of Pressley and others and in Pressley’s phone, including one in which the serial number of the gun can be seen. Pressley also discusses the gun in messages.
U.S. Attorney's office.Pressley, as a convicted felon, is barred from possessing firearms. He was twice convicted of a charge of unlawful use of a weapon.
The Bureau of Alcohol, Tobacco, Firearms and Explosives had been investigating Pressley and his gang, 30 Deep, for over a year at the time of the traffic stop.
“ATF has no more important mission than working with our law enforcement partners to keep firearms out of the hands of criminals,” said Frederic Winston, Special Agent in Charge of the Kansas City Field Division, of the ATF. “In partnership with the Saint Louis Metropolitan Police Department and United States Attorney’s Office, we will continue to work tirelessly to bring those who illegally acquire and possess firearms, to justice.”
The case was investigated by the ATF and the St. Louis Metropolitan Police Department. Assistant U.S. Attorneys Cassandra Wiemken and Jennifer Szczucinski are prosecuting the case.
St. Louis Rapper Arrested on Fentanyl, Gun ChargesRead the Press Release
ST. LOUIS – A St. Louis, Missouri rapper was arrested Wednesday on fentanyl and gun charges.
Antonio Harris, 25, was indicted June 22, 2022 on three charges: possession of fentanyl with the intent to distribute, possession of a firearm in furtherance of a drug trafficking crime and possession a firearm as a convicted felon. Harris, who performs as “LA 4SS,” appeared in court Wednesday and pleaded not guilty to the charges.
The indictment alleges that Harris possessed the fentanyl and a firearm on Feb. 16, 2022. A detention motion says when police tried to stop a Toyota Corolla on North Broadway in the Baden neighborhood, Harris sped off. Officers used spike strips, but Harris continued north on Riverview Drive before colliding with the median near the intersection of Riverview and Spring Garden Drive.
Harris got out of the car and ran, discarding a bag that contained nearly 400 capsules containing fentanyl and plastic baggies containing just under 6 grams of fentanyl in raw form, the motion says. Police found a loaded Glock 9mm pistol in the car. Harris has multiple prior felony convictions and is barred from possessing a firearm.
Charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The case was investigated by the St. Louis Metropolitan Police Department. Assistant U.S. Attorney Matthew Martin is prosecuting the case.
Springfield Man Charged with Illegally Possessing FirearmRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Mo., man has been charged in federal court with illegally possessing a firearm.
Timothy Zegar, 39, was charged in a criminal complaint filed in the U.S. District Court in Springfield on Tuesday, Jan. 31, with one count of being a felon in possession of a firearm. Zegar, who was arrested today, remains in federal custody pending a detention hearing on Feb. 6, 2023.
The complaint alleges that Zegar was in possession of a Spike’s Tactical .556-caliber rifle between Jan. 18 and 21, 2023.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Zegar has a prior felony conviction for fleeing and eluding law enforcement.
According to an affidavit filed in support of the federal criminal complaint, the FBI began investigating Zegar for illegally trafficking firearms in August 2022. An undercover special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives contacted Zegar about purchasing a firearm on Jan. 18, 2023. The undercover agent met Zegar at his residence and purchased the Spike’s Tactical rifle from Zegar on Jan. 21, 2023.
The charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Springfield, Mo., Police Department and the Greene County, Mo., Sheriff’s Department.
Speakeasy Operator Convicted for Possession of a Firearm by a FelonRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Edward Burgess, 45, of Philadelphia, PA, was convicted at trial of a single count of possession of a firearm by a felon, arising from an investigation of an illegal speakeasy by the Pennsylvania State Police, Bureau of Liquor Control Enforcement (BLCE).
In June 2019, BLCE officers conducted undercover surveillance of a local lounge selling alcohol and tobacco products without a license. They witnessed defendant Edward Burgess acting as a manager of the lounge and entering areas designated as "employees only." Philadelphia Police officers then conducted a raid of the lounge premises. When the officers were escorting the defendant away from the crowd, he pulled a loaded firearm from his waistband and threw it behind him, where it struck one of the undercover BLCE officers in the leg. The officer alerted a Philadelphia Police officer, who was able to retrieve the firearm. Defendant Burgess was previously convicted of a felony offense and is prohibited from possessing a firearm.
"Today's conviction at trial is a step forward to a safer Philadelphia," said U.S. Attorney Romero. "This case is an example of our close working relationship with our local and state partners to use federal criminal charges to make the community safer.”
“The outcome of this prosecution sends a positive message to the community on ATF’s commitment to keeping the public safe from firearms violence,” said Eric DeGree, Special Agent in charge of ATF’s Philadelphia Field Division. “Keeping our communities safe from violent felons like this will always be our top priority. This outcome highlights the value of the collaborative effort with our local, state, and federal partners to reduce violent crime.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department's renewed focus on targeting violent criminals, directing all U.S. Attorney's Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Philadelphia Police Department and is being prosecuted by Assistant United States Attorneys Anthony Carissimi and Bea Witzleben.
South Florida Man Pleads Guilty to Abusive Sexual Contact with Home Confinement InmateRead the Press Release
MIAMI – Benito Montes de Oca Cruz, 60, of Miami-Dade County, has pled guilty to abusive sexual contact with a woman serving part of her 51-month prison sentence in home confinement under his authority.
Cruz, a site supervisor employed by Riverside House, conducted home visits to monitor compliance of federal inmates on home confinement. Riverside House, pursuant to a contract with the Federal Bureau of Prisons, is responsible for providing custodial, supervisory, and disciplinary oversight to federal inmates on home confinement.
As admitted at the change of plea, on December 28, 2020, Cruz conducted a home confinement supervision visit to the victim’s residence. While there, he engaged in sexual contact with and by the victim, including sexually explicit touching of the victim while they both were naked.
Law enforcement received information regarding this illicit activity and promptly interviewed the victim. Facts also showed that this illegal activity was captured on video and there was DNA evidence left behind by Cruz that conclusively established his involvement.
Cruz is scheduled for sentencing on April 14, 2023, before U.S. District Judge Robert N. Scola. He faces a possible maximum sentence of two years in prison.
U.S. Attorney for the Southern District of Florida Markenzy Lapointe and Special Agent in Charge James Boyersmith of the Department of Justice, Office of Inspector General (DOJ-OIG), made the announcement.
DOJ-OIG investigated this case and Assistant U.S. Attorney Edward N. Stamm is prosecuting it.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 22-cr-20459.
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Sioux City Man Pleads Guilty to Illegal Possession of Firearms and AmmunitionRead the Press Release
Chance Rebel Nielsen, 23, from Sioux City, Iowa, pled guilty on January 31, 2023, to being a prohibited person in possession of firearms and ammunition. Nielsen was previously convicted of felony Going Armed with Intent, in the Iowa District Court for Woodbury County, on October 15, 2021. This conviction prohibits a person from possessing a firearm or ammunition.
Evidence at the plea hearing showed that on August 29, 2022, law enforcement conducted a traffic stop of a vehicle in which defendant was a passenger. During the stop, a Glock 9mm Luger, .45 ACP, and ammunition were found. Further investigation showed that, on August 23, 2022, defendant was at Scheels in Sioux City where he was observed with a Glock 9mm in his waistband. Defendant purchased ammunition from Scheels which matched the ammunition found in the vehicle. Present in cell phone evidence seized in the investigation was a video showing defendant shooting a firearm at a gun range, and text messages discussing buying and selling firearms.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Nielsen remains in the custody of the United States Marshal pending sentencing. Nielsen faces a possible maximum sentence of 15 years’ imprisonment, a $250,000 fine, and not more than 3 years of supervised release following any imprisonment.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by the Plymouth County Sheriff’s Office, Le Mars Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4077. Follow us on Twitter @USAO_NDIA.
Rock Hill Woman Sentenced to Federal Prison for Involvement in Fentanyl Distribution RingRead the Press Release
COLUMBIA, SOUTH CAROLINA — Patricia Ann Hemphill, 51, of Rock Hill, was sentenced to 3 years in federal prison after pleading guilty relating to a multi-state drug operation out of the Rock Hill and Charlotte, North Carolina area.
Evidence presented to the Court showed that the Federal Bureau of Investigation (FBI) and York County Multi-Jurisdictional Drug Enforcement Unit began to investigate a group of defendants who were obtaining large amounts of cocaine, methamphetamine, heroin, and marijuana from a distributor in Southern California. Based upon the investigation, law enforcement was able to determine that members of the group were flying to California and having the drugs shipped back to the Rock Hill and Charlotte area. After the drugs were shipped back, the group distributed the drugs to local dealers. This group shipped more than 255 packages containing the drugs from California during a one-year period and distributed more than five kilograms of cocaine, 280 grams or more of crack cocaine, 500 grams or more of methamphetamine, 400 grams or more of fentanyl, one kilogram or more of heroin, and more than 1000 grams of marijuana.
The group used the fentanyl to make more than 1 million counterfeit Roxicodone pills, which were sold to users in Rock Hill, Greenville, Myrtle Beach, Charlotte, and Atlanta. Evidence showed that Hemphill allowed her son to use her house in distributing some of these drugs to others in the area.
Nineteen defendants were charged in this case. Sixteen defendants, including Hemphill and her son Darryl Hemphill, pled guilty to their involvement. The remaining three defendants were convicted at trial in August 2022 and will be sentenced at a later date.
United States District Judge Mary Geiger Lewis sentenced Hemphill to 36 months imprisonment, to be followed by a 4-year term of court-ordered supervision. There is no parole in the federal system.
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. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case was investigated by the FBI, York County Multi-Jurisdictional Drug Enforcement Unit, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), Internal Revenue Service (IRS), Rock Hill Police Department, York County Sheriff’s Office, and the Richland County Sheriff’s Department.
Assistant U.S. Attorney William K. Witherspoon prosecuted the case.
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Rhode Island Law Enforcement Working Collaboratively to Combat Elder FraudRead the Press Release
PROVIDENCE – “Every day, this Office sees the financial ruin and emotional devastation inflicted on elderly victims by scams and fraud schemes. The most recent FBI statistics are staggering: in 2021 nearly 100,000 American seniors reported being defrauded by scammers of $1.7 billion dollars. That’s more than just a statistic – it’s a life changing event that many never recover from, and we are determined to leverage our resources to bring to justice those who prey on our elderly and vulnerable friends and neighbors.”
That’s the sobering reality United States Attorney Zachary A. Cunha outlined today at the outset of a law enforcement elder fraud investigation and prosecution training program attended by more than sixty members of Rhode Island federal, state, and local law enforcement.
Hosted by the United States Attorney’s Office and the Rhode Island Police Chiefs’ Association, in collaboration with the United States Postal Inspection Service, today’s training program focused on identifying the most common elder fraud scams; utilizing techniques and federal laws to build a case from a one-victim complaint to identifying larger fraud networks; overcoming challenges law enforcement and prosecutors face while investigating and prosecuting elder fraud cases; the importance of collaboration between law enforcement agencies; and support and resources available for victims of crimes against the elderly.
“Elder fraud consists of financial crimes that target older people’s money or property. It includes telephone, internet, and varying mail scams, noted Bristol Police Chief Kevin M. Lynch. “As President of the Rhode Island Police Chiefs’ Association, we know that your local police will be your first call to report an incident. We pledge to work with our partners in State and Federal law enforcement and will be your advocate and champion to ensure that your property, identity, and concerns are investigated and safeguarded to the best of our ability. Do not hesitate to contact your local police department even if you are embarrassed or have questions, as knowledge and timely collaboration are key to successful outcomes.”
“The partnership between the U.S. Postal Inspection Service and the Rhode Island U.S. Attorney’s Office has always been a strong one,” said Darnell Edwards, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division. “Today’s training on elderly fraud investigation and prosecution highlights our joint effort to combat criminals’ ability to prey on our most vulnerable. The U.S. Postal Inspection Service remains committed to investigating and pursuing criminals to ensure the public’s trust in a safe and secure mail system.”
In addition to significant collaboration across the country between federal and state law enforcement agencies investigating and prosecuting the perpetrators of scams against the elderly, the Department of Justice recently expanded its Transnational Elder Fraud Strike Force to amplify efforts to combat scams originating overseas. In the past year, the Justice Department notified over 550,000 individuals that they may be eligible for remission payments.
United States Attorney Cunha and Chief Lynch thank New England Institute of Technology for the use of their East Greenwich facility for today’s training program, and thank Assistant United States Attorney Denise M. Barton, Elder Justice Coordinator for the United States Attorney’s Office, and United States Postal Inspection Service Inspector Cory P. McManus for their presentations at today’s program.
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Raytown Man Sentenced to 20 Years for $10 Million Meth Conspiracy and Fraud Scheme That Used Stolen Identities of Johnson County EmployeesRead the Press Release
KANSAS CITY, Mo. – A Raytown, Mo., man was sentenced in federal court today in two separate and unrelated criminal cases for a nearly $10 million conspiracy to distribute almost 1,000 kilograms of methamphetamine and for a fraud scheme that utilized the stolen identities of Johnson County, Kansas, government employees to make fraudulent credit card purchases.
Michael B. Becher, 41, was sentenced in two separate hearings before U.S. District Judge Greg Kays to a total of 20 years in federal prison without parole. The court sentenced Belcher to 20 years in federal prison for the drug-trafficking conspiracy and five years in federal prison for the fraud scheme, to be served concurrently.
The court also ordered Becher to pay a money judgment of $1,165,500, which represents the proceeds of the drug-trafficking conspiracy. The forfeiture is based on Becher’s distribution of 185 kilograms of methamphetamine at $6,300 per kilogram. The court also ordered Becher to pay $189,378 in restitution to the victims of the credit card fraud conspiracy and for property Becher admitted stealing in Nebraska.
Conspiracy to Distribute Methamphetamine
On April 13, 2022, Becher pleaded guilty to participating in a conspiracy to distribute methamphetamine from Sept. 1, 2018, to Nov. 5, 2019. Becher was part of the drug-trafficking organization led by Mirza Alihodzic, 37, of Kansas City, Mo.
Becher admitted he was responsible for the distribution of at least 185 kilograms of methamphetamine. Becher also admitted that he purchased multiple pounds of methamphetamine on a daily basis.
Becher was arrested on Nov. 5, 2019, after he met a co-conspirator who was planning to travel on a private plane the same day to purchase 40 to 50 kilograms of methamphetamine in California. Becher paid his co-conspirator $1,000 to purchase methamphetamine. Law enforcement officers were conducting surveillance of the residence when they heard noises that sounded like firearms and people screaming. Officers entered the residence and arrested Becher and others.
Becher admitted that he had purchased 11 kilograms of methamphetamine from his co-conspirator in the prior two weeks and had purchased two kilograms from a second source a week before his arrest. Becher paid Alihodzic $5,000 per kilogram for the methamphetamine and sold it for $6,300 per kilogram. Becher also admitted that in the past he had purchased four to five pounds of methamphetamine daily from a third source and had once stolen 23 to 27 pounds of methamphetamine from that source. On one occasion, Becher said, he had more than 80 pounds of illegal drugs in his car.
Officers searched Becher’s BMW 650i and found approximately a half-pound (205.01 grams) of pure methamphetamine inside a grey backpack between the front seats of the vehicle. Becher told investigators the methamphetamine came from a fourth source, co-defendant Jesus Banuelos, Jr., 24, of Kansas City, Mo. Becher purchased one pound of methamphetamine from Banuelos the night before his arrest. Officers also found two plastic bags that contained a total of 1,547.06 grams of “imitation” methamphetamine, used as a cutting agent.
Officers searched a storage unit Becher rented and found two M20 Super Bazooka rockets, an Anderson Manufacturing AM-15 5.56mm semi-automatic rifle with a magazine that contained 21 rounds of ammunition, a zip-lock bag that contained .1 gram of methamphetamine, and various rounds of ammunition. One rocket was determined to be live with propellant and a live warhead and the other, a training rocket with propellant and training warhead. Becher said he received the rockets from Alihodzic.
Becher is among 12 defendants who have been sentenced in this case. Additionally, six co-defendants have pleaded guilty and await sentencing in two separate indictments that resulted from this investigation. Alihodzic was sentenced to 35 years in federal prison without parole. Banuelos was sentenced to 18 years and nine months in federal prison without parole after pleading guilty to his role in the drug-trafficking conspiracy and to illegally possessing a firearm.
This case is being prosecuted by Assistant U.S. Attorneys Bradley K. Kavanaugh and Sean T. Foley. It was investigated by the Kansas City, Mo., Police Department, the FBI, the Missouri State Highway Patrol, and the Mid-Missouri Drug Task Force.
Conspiracy to Commit Credit Card Fraud
On May 19, 2022, Becher pleaded guilty to participating in a conspiracy to commit credit card fraud from Feb. 1 to June 30, 2019.
Becher admitted that he and his co-conspirators used stolen identity information to make fraudulent purchases. Many of the identity theft victims were current or former employees of Johnson County, Kan. The Johnson County, Kan., government experienced a data breach of employees’ personally identifiable information in 2015.
Becher caused a financial loss to retail stores and vendors where the fraudulent transactions occurred and caused significant problems to the individuals whose identity he stole.
Becher was responsible for making counterfeit driver’s licenses in the names of the identity theft victims. Becher and co-conspirators used the counterfeit licenses to open fraudulent credit accounts. Before making a counterfeit driver’s license, Becher performed a credit check on the identity theft victim to determine the likelihood of establishing a credit account.
Becher made at least seven fraudulent purchases himself, using the stolen identities of three victims, at Lowe’s and Home Depot in transactions ranging from $1,617 to $8,049. Becher then sold the goods and equipment for half of the actual value of the property. Becher kept half of the proceeds that he sold and gave the other half to co-conspirators.
According to court documents, Becher’s criminal history is substantial and filled with various fraud-related convictions. He obtained his first felony conviction in 2005 when he was convicted of forgery in Cass County, Mo., for stealing from his own mother. In that case, Becher forged and used a check for $500 belonging to his mother’s account. Becher has 23 prior felony convictions.
This case was prosecuted by Special Assistant U.S. Attorney Bradley Cooper and Assistant U.S. Attorney Patrick D. Daly. It was investigated by the Olathe, Kan., Police Department and the U.S. Secret Service.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Rapid City Woman Sentenced for Illegal Possession of Firearm and AmmunitionRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. Circuit Judge Jonathan A. Kobes has sentenced a Rapid City, South Dakota, woman convicted of Possession of a Firearm and Ammunition by a Prohibited Person. The sentencing took place on January 31, 2023.
Sabione Bettelyoun, 38, was sentenced to three years and one month in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Bettelyoun was indicted for Possession of a Firearm and Ammunition by a Prohibited Person by a federal grand jury in March of 2022. She pleaded guilty on October 14, 2022.
In February of 2022, in Rapid City, Bettelyoun, a previously convicted felon who is prohibited from possessing firearms, was found in possession of a SCCY, model CPX-1, 9mm Luger caliber, semi-automatic pistol, ARMSCOR .22 Long Rifle caliber ammunition, and Winchester 9mm Luger caliber ammunition, which was found after Bettelyoun came into contact with law enforcement. Bettelyoun also possessed methamphetamine and other drug paraphernalia.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Bettelyoun was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of FirearmRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. Circuit Judge Jonathan A. Kobes has sentenced a Rapid City, South Dakota, man convicted of Possession of an Unregistered Firearm. The sentencing took place on January 31, 2023.
Majestic Fairbanks, 28, was sentenced to five years in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Fairbanks was indicted for Possession of an Unregistered Firearm by a federal grand jury in March of 2022. He pleaded guilty on October 14, 2022.
Between December of 2019 and January of 2020, in Rapid City, Fairbanks possessed a destructive device, described as a metal aerosol canister with CO2 cartridges and a commercial grade firework containing explosives. Fairbanks broke out the front door of a local business and threw the canister inside. The firework then went off inside the business causing damage. Fairbanks was later found by law enforcement in possession of another identical device and admitted to manufacturing the destructive devices.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the South Dakota Division of Criminal Investigation, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Fairbanks was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of FirearmRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. Circuit Judge Jonathan A. Kobes has sentenced a Rapid City, South Dakota, man convicted of Possession of an Unregistered Firearm. The sentencing took place on January 31, 2023.
Shane McCloskey, 23, was sentenced to 18 months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
McCloskey was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury in February of 2022. He pleaded guilty on October 7, 2022.
In October of 2021, in Rapid City, McCloskey, a previously convicted felon who is prohibited from possessing firearms, was knowingly in possession of a SCCY, model CPX-2, 9mm Luger caliber, semi-automatic pistol, which was found after McCloskey came into contact with law enforcement.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
McCloskey was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Charged with Illegal Possession of FirearmRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Rapid City, South Dakota, man for Possession of a Firearm by a Prohibited Person.
Cory Debruyckere, age 31, was indicted in January of 2023. He appeared before U.S. Magistrate Judge Daneta Wollmann on January 27, 2023, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from Debruyckere knowingly possessing a semi-automatic pistol in Rapid City in March of 2022. Debruyckere has two prior felony convictions and, as a result, cannot legally possess firearms.
The charge is merely an accusation and Debruyckere is presumed innocent unless and until proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Heather Sazama is prosecuting the case.
Debruyckere was released on bond pending trial. A trial date has been set for April 4, 2023.
Queens Man Charged with Child Exploitation, Enticement of Minors and Firearm Possession as a FelonRead the Press Release
Angel Almeida will be arraigned this afternoon at the federal courthouse in Brooklyn on a superseding indictment charging him with the sexual exploitation and attempted exploitation of a minor, coercion and enticement and attempted coercion and enticement of a minor, possession of child pornography, and possessing a firearm and ammunition as a felon. Almeida was arrested in November 2021 on a complaint charging him with being a convicted felon in possession of a firearm. He was indicted in December 2021 and has been detained pending trial. Today’s arraignment will be held before United States District Judge Rachel P. Kovner.
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 superseding indictment.
“The defendant’s alleged exploitation of minors has been extremely harmful mentally, emotionally and physically to his victims,” stated United States Attorney Peace. “His possession of a firearm despite a prior felony conviction, combined with his crimes against minors, reflect Almeida’s dangerousness and lack of respect for the law. Protecting the community from predators like the defendant will always be a priority of this Office. Additionally, I urge parents and caregivers to have conversations with their children about the dangers of communicating online with strangers and individuals who seek to exploit them.”
“As alleged, Almeida posed multiple threats to our community, not only as a felon in possession of a firearm, but also through targeting children as victims of sexual abuse. Today’s indictment serves as a reminder the FBI and our law enforcement partners will continue to aggressively pursue and hold accountable anyone willing to exploit some of the most vulnerable members of our society. We ask anyone who may have been victimized by Almeida to contact us at 1-800-CALL-FBI or online at tips.fbi.gov,” stated FBI Assistant Director-in-Charge Driscoll.
As set forth in court filings, in September 2021 and October 2021, the FBI received tips regarding an individual named Angel Almeida possessing firearms and posting sexually explicit images of children online. The tipster identified social media profiles used by Almeida, including a Facebook account with the profile name “Sargent Grey” (the “Sargent Account”). A review of the Sargent Account, as well as Instagram accounts used by Almeida, revealed photos of Almeida holding what appeared to be firearms. On November 23, 2021, members of law enforcement executed a search warrant at Almeida’s residence and recovered a 9 mm Taurus handgun that appeared to be the same firearm that the defendant had posed with. Almeida has a 2019 felony conviction in Florida for burglary. As a result, in December 2021, Almeida was charged in an indictment with being a felon in possession of a firearm.
In addition, between July 2021 and December 2021, Almeida enticed a minor, Jane Doe-1, to engage in sexually explicit conduct for the purpose of producing videos. Between February 2020 and November 2021, Almeida also enticed another minor, Jane Doe-2, to engage in sexual contact, a violation of the Mann Act. In addition to the enticement and coercion charges, Almeida is also charged with possession of child pornography recovered from multiple cell phones.
The government’s investigation is ongoing. Anyone with information about sexual exploitation by Almeida is asked to contact the FBI at 1-800-CALL-FBI or online at tips.fbi.gov
The charges in the superseding indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
If convicted of the charges, Almeida faces a mandatory minimum of 15 years’ imprisonment and up to life in prison.
The government’s case is being prosecuted by Assistant United States Attorney Chand Edwards-Balfour.
The Defendant:
ANGEL ALMEIDA
Age: 22
Queens, New YorkE.D.N.Y. Docket No. 21-CR-613 (RPK)
Queens Jeweler Convicted in Luxury Watch Robbery and Money Laundering SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that a jury returned a guilty verdict today against STANISLAV YAKUBOV, a/k/a “Steve,” on three counts in a Superseding Indictment, including one count of money laundering conspiracy and two counts of making false statements to federal law enforcement agents. YAKUBOV is scheduled to be sentenced on June 1, 2023, by U.S. District Judge Edgardo Ramos, who presided over the eight-day trial.
U.S. Attorney Damian Williams said: “Stanislav Yakubov agreed to purchase hundreds of thousands of dollars’ worth of diamond-encrusted, stolen luxury watches that had been taken during violent robberies, the victims of which included jewelers from Yakubov’s own community. Yakubov’s actions fueled a year-long robbery spree that targeted nearly a dozen victims, and his conviction sends a message to the community that the purchase and laundering of stolen property will be vigorously investigated and prosecuted.”
Photographs of some of the stolen watches are set forth below. If you believe you know the whereabouts of any of these watches, please contact the U.S. Attorney’s Office for the Southern District of New York at 1-866-874-8900, and reference this case:
According to the Superseding Indictment and the evidence presented at trial:
From at least in or about October 2019 up to and including November 2020, STANISLAV YAKUBOV, and others known and unknown, agreed to purchase stolen watches worth up to hundreds of thousands of dollars, each that had been taken during armed robberies. The watches owned by victims targeted in the robberies included diamond-encrusted Richard Mille, Rolex, Audemars Piguet, and Patek Philippe watches owned by jewelers as part of the jewelers’ businesses based in Manhattan’s Diamond District and elsewhere.
The robberies and attempted robberies included the following:
- On October 3, 2019, a jeweler in Long Island City, New York, was robbed of, among other things, a Richard Mille watch worth over $150,000.
- On October 25, 2019, a jeweler in Jamaica, New York, was robbed of, among other things, a Rolex watch worth over $118,000.
- On December 10, 2019, a jeweler in Brooklyn, New York, was robbed of, among other things, a Patek Philippe watch worth over $160,000 and a diamond necklace worth over $77,000.
- On January 14, 2020, a jeweler in Rego Park, New York, was robbed of, among other things, a Richard Mille watch worth over $500,000.
- On February 16, 2020, a jeweler in Jamaica Estates, New York, was robbed of, among other things, an Audemars Piguet watch worth over $28,000.
- On February 20, 2020, an individual in Long Island City, New York, was robbed of, among other things, an Audemars Piguet watch worth over $125,000.
- On June 11, 2020, a jeweler in Brooklyn, New York, was robbed of, among other things, a Richard Mille watch worth over $148,000.
- On July 6, 2020, a jeweler in Hoboken, New Jersey, was robbed of, among other things, a Richard Mille watch worth over $81,000.
- On July 20, 2020, a jeweler in Queens, New York, was the victim of an attempted robbery involving a Richard Mille watch worth over $180,000.
- On August 2, 2020, a food critic/social media influencer was robbed of, among other things, a Richard Mille watch worth over $250,000 in the vicinity of Englewood Cliffs, New Jersey.
In addition, on or about October 20, 2020, and March 24, 2021, YAKUBOV knowingly and willfully made false statements to federal law enforcement officers investigating the robbery spree. YAKUBOV falsely said, among other things, that he never purchased any watches from the robbery crew and that the robbers were merely customers who had purchased jewelry from YAKUBOV in the past.
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YAKUBOV, 42, of Queens, New York, was convicted of one count of conspiracy to commit money laundering, which carries a maximum prison term of 20 years, and two counts of making false statements to federal law enforcement agents, each of which carry a maximum prison term of five years.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the Special Agents of the U.S. Attorney’s Office for the Southern District of New York and the New York City Police Department. Mr. Williams also thanked the Bergen County, New Jersey, Prosecutor’s Office, the Englewood Cliffs, New Jersey, Police Department, the Weehawken, New Jersey, Police Department, and the Nassau County Police Department for their assistance.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Mathew Andrews, Andrew K. Chan, and Thomas John Wright, with the assistance of Paralegal Specialist Grayson Glogoff, are in charge of the prosecution.
Pine Ridge Woman Sentenced for Drug TraffickingRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Pine Ridge, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on January 30, 2023.
Misty Bradford, 48, was sentenced to 15 years and eight months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. She also forfeited $23,979.00.
Misty Bradford was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in June of 2022. She pleaded guilty on September 23, 2022.
Bradford obtained methamphetamine and distributed it to others for use and further distribution in the Pine Ridge area. In June of 2022, a search warrant was executed at Bradford’s residence in Pine Ridge. Drug paraphernalia and two safes were discovered. One of the safes contained multiple bags of methamphetamine totaling 1.53 kilograms and $23,979.00 in cash. Bradford and others were responsible for distributing between 1.5 and 5 kilograms of methamphetamine during the course of the conspiracy.
This case was investigated by the Badlands Safe Trails Drug Enforcement Task Force, which is comprised of agents from the FBI, South Dakota Division of Criminal Investigation, Bureau of Indian Affairs Division of Drug Enforcement, Martin Police Department, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Bradford was immediately remanded to the custody of the U.S. Marshals Service.
Passaic County Man Arrested for Attempt to Firebomb SynagogueRead the Press Release
NEWARK, N.J. – A Passaic County, New Jersey, man was arrested today for attempting to firebomb an Essex County, New Jersey, synagogue, U.S. Attorney Philip R. Sellinger announced.
Nicholas Malindretos, 26, of Clifton, New Jersey, is charged by complaint with one count of attempted use of fire to damage and destroy a building used in interstate commerce. He is scheduled to have his initial appearance in Newark federal court before U.S. Magistrate Judge Edward S. Kiel on Feb. 2, 2023.
“No one should find that their lives are at risk by exercising their faith,” U.S. Attorney Sellinger said. “The defendant is alleged to have gone to a synagogue in the middle of the night and maliciously attempted to damage and destroy it using a firebomb. Protecting communities of faith and houses of worship is core to this office’s mission. In response to this attempted attack, my office – together with our federal, state, and local partners – worked around the clock to investigate this matter swiftly. We will continue to devote whatever resources are necessary to keep our Jewish community and all New Jersey residents safe.”
“I commend and thank the entire New Jersey law enforcement community for their seamless collaboration and tireless efforts to identify and apprehend the suspect in Sunday’s attack on Temple Ner Tamid,” New Jersey Attorney General Matthew J. Platkin said. “In New Jersey, we stand united against hate and bias, and we speak with one voice to show that our state will remain a place where all can live and worship freely and safely.”
“Newark FBI and our law enforcement partners have been working around the clock since Sunday morning, after being notified someone targeted the Temple Ner Tamid in Bloomfield,” FBI Special Agent in Charge James E. Dennehy said. “We allege Mr. Malindretos threw a Molotov cocktail at the doors of the synagogue. The speed and intensity of this investigation demonstrates our determination and dedication to protecting houses of worship and protecting their congregations. We take seriously all threats of hate and bias aimed at all religions and faiths, and we intend to hold accountable all those who target them.”
“An alleged attempted firebombing on a house of worship is an attack against the entire community,” acting Special Agent in Charge Bryan Miller of the Bureau of Alcohol, Tobacco, Firearms, and Explosives said. “We are honored to work side by side with our local, state, and federal partners to bring today’s charge.”
“The Essex County Prosecutor's Office has long understood that our interfaith community is one of the prime targets for hate,” Acting Prosecutor Theodore N. Stephens II said. “Although we are always troubled by events such as this, we are pleased by the extraordinary efforts undertaken by all involved in Essex County law enforcement to bring this charge.”
According to documents filed in this case and statements made in court:
On Jan. 29, 2023, at 03:19 a.m., a surveillance camera at the Temple Ner Tamid Jewish Congregation in Bloomfield, New Jersey, recorded a person later identified as Malindretos as he approached the temple. He was wearing a black ski mask, a black or dark gray hooded sweatshirt with a white emblem of what appeared to be a skull and cross bones, black pants, dark shoes, and white gloves. The video showed Malindretos walking up to the front entrance area of the temple, pausing, and then igniting a wick on the top of a bottle. He then threw the bottle at the front glass doors of the temple and fled on foot.
A license plate reading device located nearby recorded a vehicle passing by shortly before and shortly after the incident. Law enforcement officers located the vehicle in Clifton and saw several items consistent with the video of the incident plainly visible inside. They obtained a search warrant for the vehicle. Video cameras in the area where the vehicle was parked captured the vehicle parking and a male individual with the same physical characteristics as Malindretos exiting the vehicle and entering a nearby building.
The count of attempted use of fire to damage and destroy a building used in interstate commerce is punishable by a minimum of five years in prison, a maximum of 20 years in prison and a fine of $250,000.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge Dennehy in Newark; special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting of Special Agent in Charge Miller in Newark; the New Jersey Department of Law and Public Safety, under the direction of Attorney General Platkin; the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Stephens, and the Bloomfield Police Department, under the direction of Director of Public Safety Samuel A. DeMaio, with the investigation leading to today’s charge.
The government is represented by Assistant U.S. Attorney R. Joseph Gribko of the U.S. Attorney’s Office’s Civil Rights Division.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Owner of Home Health Agency Sentenced to 54 Months in Prison for over $100 Million Health Care FraudRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that MARIANNA LEVIN was sentenced to 54 months in prison for her leadership role in a broad fraud scheme that defrauded Medicaid for home health and personal care services that were not actually rendered, resulting in the loss of more than $100 million. United States District Judge John P. Cronan imposed the sentence. LEVIN pled guilty to wire fraud on June 1, 2022.
U.S. Attorney Damian Williams said: “For years, Marianna Levin, the owner of a Brooklyn-based home health agency, defrauded taxpayers through a massive, fraudulent home health scheme. As part of the scheme, Levin billed tens of millions of dollars to Medicaid for home health services that were not actually rendered. As a result, the scheme diverted much-needed resources meant to support services for vulnerable individuals. Today’s sentence sends a message that those who engage in health care fraud schemes will face stiff penalties.”
According to statements and filings in federal court:
Since in or about 2015, LEVIN engaged in a widespread fraud scheme through which she and her co-conspirators defrauded Medicaid for home health and personal care services that were not actually rendered. During the course of the scheme, LEVIN served in a senior, executive role at a licensed home care service agency based in Brooklyn, New York (“Agency-1”). In or about 2016, LEVIN and her co-conspirators opened a second licensed home care service agency based in Brooklyn (“Agency-2” and, together with Agency-1, the “Agencies”). LEVIN served as the owner of Agency-2 and also continued in her leadership role at Agency-1.
The Agencies purported to provide home health and personal care services to patients residing in all five boroughs of New York City and Nassau County. Combined, the Agencies employed approximately 3,000 home health and personal care aides (the “Aides”). Most of the Aides were licensed to provide home health aide services and personal care services.
Home care is a health service provided in the patient’s home to promote, maintain, or restore health or to lessen the effects of illness and disability. Home care includes personal care services, administered by Aides, including housekeeping, meal preparation, bathing, toileting, and grooming.
From in or about 2015 to in or about December 2020, Medicaid reimbursed the Agencies hundreds of millions of dollars for home health and personal care services. A significant portion of the Agencies’ billings were fraudulent. In particular, the Agencies billed Medicaid for “no-show” cases in which Aides claimed to be performing home health or personal care services when they were not. At times when Aides falsely claimed to be performing home health or personal care services, they, in fact, stayed home, ran personal errands, vacationed, and socialized with family and friends. The fraud at the Agencies coincided with ballooning costs on home care in New York State. In or about January 2020, New York’s State budget director announced, in substance and in part, that spending in the home health space tripled between the 2013 and 2019 fiscal years, representing a $4.8 billion increase.
With no-show cases at the Agencies, an Aide’s fraudulently obtained wages were often split between the no-show Aide and the no-show patient. In addition to paying kickbacks to no-show patients, no-show Aides sometimes paid kickbacks to conspirators who referred no-show cases to Aides at the Agencies.
LEVIN and her co-conspirators also engaged in other fraudulent activity to boost the Agencies’ billing and increase the amount of money paid out to the Agencies.
Over the course of the scheme, LEVIN received more than $5 million in compensation from the Agencies.
In imposing the sentence, Judge Cronan emphasized the seriousness of LEVIN’s involvement in the fraud, the losses it caused, and the need to deter other home care businesses and workers from engaging in similar crimes.
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In addition to her prison term, MARIANNA LEVIN, 49, of Brooklyn, New York, was ordered to forfeit $1,496,000 and pay restitution of $36,328,183.
Mr. Williams praised the investigative work of the Federal Bureau of Investigation.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Nicholas W. Chiuchiolo and Daniel G. Nessim are in charge of the prosecution.
Newport News Commercial Fisherman Pleads Guilty to Tax EvasionRead the Press Release
NEWPORT NEWS, Va. – A Newport News man pleaded guilty today to evading his federal income taxes.
According to court documents, Eric Bautista, 37, from approximately January 2017 through December 2020, Bautista worked and earned income as an independent contractor for various commercial fishing companies in the Hampton Roads region and elsewhere. He was paid over $500,000 for his work during this time. Bautista failed to file U.S. Individual income tax returns for tax years 2012 through 2020. He was levied by the Internal Revenue Service (IRS), but took steps to evade his income taxes, including working under a stolen identity and dealing heavily in cash. For the years 2012 through 2020, Bautista owed a tax debt of over $170,000.
Bautista pleaded guilty to evasion of income taxed and is scheduled to be sentenced on June 24. He faces a maximum penalty of five years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Darrell J. Waldon, IRS Criminal Investigation Special Agent in Charge of the Washington D.C. Field Office, made the announcement after U.S. Magistrate Judge Douglas E. Miller accepted the plea.
Assistant U.S. Attorney Brian J. Samuels is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:22-cr-95.
New Yorker Indicted for Possessing Automatic Rifle in Basilica School ZoneRead the Press Release
BEAUMONT, Texas – A Brooklyn, NY man has been indicted for a federal firearms violation in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Ahmed Abdalla Allam, 26, was named in an indictment returned by a federal grand jury on Feb. 1, 2023, charging him with possession of a firearm in a school zone. Allam appeared in federal court before U.S. Magistrate Judge Zack Hawthorn today and was ordered to be held pending a detention hearing.
According to information presented in court, on Jan. 29, 2023, Allam was found in possession of a multi-caliber rifle within 1,000 feet of St. Anthony Cathedral Basilica School in Beaumont. Allam also possessed a 30-round magazine and 150 rounds of ammunition. It is a federal violation to possess firearms or ammunition within 1,000 feet of a school zone.
“The community of St. Anthony’s, including parents, teachers, and administrator, are to be commended for remaining vigilant and reporting their suspicions,” said U.S. Attorney Brit Featherston. “If you see something suspicious – say something. You may save a life.”
If convicted, Allam faces up to 5 years in federal prison.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is being investigated by the Beaumont Police Department, Jefferson County District Attorney’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI, Port Arthur Fire Department, and Montgomery County Fire Marshall. This case is being prosecuted by Assistant U.S. Attorney John B. Ross.
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New Haven Man Sentenced to More Prison Time for Violating Supervised ReleaseRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that ERRIE McCLENDON, also known as “Buck,” 32, of New Haven, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 24 months of imprisonment for violating the conditions of his supervised release.
According to court documents and statements made in court, on May 11, 2019, New Haven Police received information that an individual was in possession of a firearm in Goffe Street Park in New Haven. After officers arrived at the park and identified McClendon, a convicted felon, they approached him and instructed him to remove his hand from his sweatshirt pocket. McClendon then removed a handgun from his pocket and tossed it toward a bystander. The bystander, refusing to catch the gun, put his hands in the air and the gun fell to the ground. McClendon then struggled with the officers before he was subdued. A loaded Ruger, model P85, 9mm pistol with an obliterated serial number, was recovered from the scene.
McClendon pleaded guilty to unlawful possession of a firearm by a felon and, on September 23, 2020, Judge Bryant sentenced him to 41 months of imprisonment and three years of supervised release.
McClendon was released from prison in June 2022.
In October 2022, Hamden Police arrested McClendon for assault, threatening, and risk of injury to a minor offenses stemming from a domestic incident in September 2022. In addition, on multiple occasions between June and December 2022, McClendon tested positive for cocaine and marijuana. McClendon also violated his supervised release conditions in other ways, including having unauthorized contact with another convicted felon.
This case was prosecuted by Assistant U.S. Attorney Jocelyn Courtney Kaoutzanis.
Minnesota Man Sentenced for Possession with Intent to Distribute a Controlled SubstanceRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. Circuit Judge Jonathan A. Kobes has sentenced an Orr, Minnesota, man convicted of Possession with Intent to Distribute a Controlled Substance. The sentencing took place on January 31, 2023.
Jeremy Morris, 44, was sentenced to 10 years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Jeremy Morris was indicted for Possession with Intent to Distribute a Controlled Substance by a federal grand jury in July of 2022. He pleaded guilty on October 14, 2022.
Morris was traveling near Sturgis, South Dakota, when law enforcement stopped his vehicle. Upon a search of the vehicle, 4.985 kilograms of methamphetamine and a firearm were found. Morris admitted that he intended to further distribute the methamphetamine.
This case was investigated by the Unified Narcotics Enforcement Team (UNET), Unified Narcotics Enforcement Team – North (UNET-N, which covers the Northern Black Hills) and the Minnesota Bureau of Criminal Apprehension. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. UNET-N is comprised of law enforcement from Spearfish Police Department, Deadwood Police Department, Lawrence County Sheriff’s Office, and South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Morris was immediately remanded to the custody of the U.S. Marshals Service.
Miami Companies and Owners Convicted of Conspiring to Tamper with Diesel Truck Monitoring Devices Required by the Clean Air ActRead the Press Release
MIAMI – Defendants Vivian Machado, 62, Eric Flaquer, 39, as well as Miami-based companies Quick Tricks Automotive Performance, Inc., and Kloud9Nine, LLC have pled guilty in federal district court to conspiring to tamper with monitoring devices on diesel vehicles, in violation of the Clean Air Act (CAA).
The purpose of the CAA, among other things, is “to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population.” Motor vehicles, including those with heavy duty diesel engines, cause or contribute to air pollution which may endanger public health or welfare and are thus regulated including the requirement that manufacturers design and install emissions control systems to treat exhaust. Those systems are monitored by an on-board diagnostic system (OBD). The OBD is software and sensors that monitor emissions-related engine systems and components. It is a felony to tamper with CAA-required monitoring devices.
According to court records and a Joint Factual Statement filed in Court, between January 2018 and December 2020, defendants Machado, Flaquer, and Quick Tricks were paid approximately $230,830.61 for 1,100 transactions for the sale of “delete tune files” that tamper with or disable the OBDs on heavy-duty diesel motor vehicles that were required under the CAA to have OBD systems to monitor the emissions control systems. Similarly, between October 2019 and March 2021, Machado, Flaquer, and Kloud9Nine were paid $141,162.70 for an additional 657 transactions. The defendants would customize the delete tune files based on the vehicle identification number and desired parameters and would conduct active customer service for the automotive businesses. Knowing the conduct was illegal, the defendants would often warn customers by e-mail not to tell anyone about the purchases and to take steps to avoid detection by the U.S. Environmental Protection Agency (EPA), and “stay under the radar.”
The vehicles at issue in this case were driven in the Southern District of Florida and throughout the United States on public roads and highways. Diesel exhaust contains a mix of acidic and hydrocarbon gases that are harmful to human health. Excess emissions from illegally tampered vehicles can have important environmental justice implications for overburdened communities near major roads and highways.
U.S. District Judge Kathleen M. Williams has set a sentencing hearing for all four defendants for April 7, at 3:00 p.m., in federal district court in Miami. Machado and Flaquer face up to five years in prison and a criminal fine of up to $250,000 or twice the gross gain or loss resulting from the offense. The companies face a term of probation up to five years and a criminal fine of up to $500,000 or twice the gross gain or loss resulting from the offense.
Markenzy Lapointe, United States Attorney for the Southern District of Florida and Charles Carfagno, Special Agent in Charge, U.S. Environmental Protection Agency (EPA), Criminal Investigation Division, Southeast Area Branch, announced the conviction.
EPA, Criminal Investigation Division investigated the case. Special Assistant U.S. Attorney Jodi A. Mazer is prosecuting it.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 22-cr-20516.
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Meridian Man Sentenced to 14 Years in Prison for Attempted Witness TamperingRead the Press Release
JACKSON, MS – A Meridian, Mississippi man was sentenced to 14 years in prison after having been convicted at trial of attempted witness tampering, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
Daniel Robert, 46, was sentenced today in U.S. District Court in Jackson.
In June 2018, Daniel Robert was arrested on an outstanding warrant in a narcotics trafficking case that spanned multiple states from 2007 through 2009. Robert eluded capture from 2009 until June 2018. After his capture in 2018, Robert made numerous phone calls to several family members directing them, along with other unidentified individuals, to contact witnesses who were expected to testify against him and to tell the witnesses not to appear for trial by avoiding subpoenas or testify that they could not remember facts of the case, or to simply refuse to testify. Daniel Robert’s instructions included specific directions concerning the writing of a false affidavit he intended, and directed, to be signed by one of the witnesses.
In January 2020, Daniel Robert was convicted of narcotics trafficking charges following a three-day trial. Daniel Robert is currently serving a sentence of 330 months in the custody of the Bureau of Prisons for those narcotics trafficking convictions. Nine years of the witness tampering sentence will run concurrent with the current sentence of 330 months and 5 years of the witness tampering sentence will run consecutive to the 330 month sentence. Robert’s witness tampering resulted in an additional 5 years to serve in prison.
The FBI investigated the case.
Criminal Chief Erin O. Chalk and Assistant U.S. Attorney Charles W. Kirkham prosecuted the case.
Member of Violent Boston Gang Sentenced to 9.5 Years in Prison for Racketeering and Drug Trafficking OffensesRead the Press Release
BOSTON – A Taunton man was sentenced yesterday in connection with his involvement in the violent Boston-based street gang, NOB.
Samael Mathieu, a/k/a “Hamma” or “Hamma Thang,” 26, was sentenced by U.S. District Court Judge Leo T. Sorokin to 114 months in prison and four years of supervised release. In April 2022, Mathieu pleaded guilty to RICO conspiracy and conspiracy to distribute and to possess with intent to distribute controlled substances.
Mathieu is one of 10 defendants indicted together in June 2020 as part of a broader federal sweep targeting numerous NOB street gang members and associates in which 31 total defendants were charged. All of Mathieu’s co-defendants have pleaded guilty to various charges and are scheduled to be sentenced in the upcoming months.
According to court documents, NOB – an abbreviation for the Norton/Olney/Barry streets in Dorchester – is a violent criminal enterprise whose members and associates are involved in numerous types of criminal activities, including murders, attempted murders, armed robberies, drug trafficking, sex trafficking and illegal firearms offenses. During the investigation, numerous contraband items were seized including 11 firearms, over one kilogram of fentanyl (including over 2,000 fentanyl pills manufactured to appear as commercial oxycodone pills), a commercial pill press, over 15 pounds of marijuana and approximately $36,000 in cash.
Mathieu was a significant fentanyl trafficker and active and violent member of the NOB gang who supplied drugs to and supported various crimes on behalf of the gang. On Oct. 1, 2019, a search of a residence used by Mathieu resulted in the seizure of drugs including fentanyl, pills, and suboxone, drug trafficking paraphernalia, and two loaded handguns.
First Assistant United States Attorney Joshua S. Levy; Boston Police Commissioner Michael Cox; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Bryan Kyes, U.S. Marshal for the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; New Bedford Police Chief Paul Oliveira; Quincy Police Chief Paul Keenan; Randolph Police Chief Anthony Marag; Brockton Police Chief Brenda Perez; Stoughton Police Chief Donna McNamara; Suffolk County District Attorney Kevin Hayden; Suffolk County Sheriff Steven W. Tompkins; Plymouth County Sheriff Joseph D. McDonald, Jr.; Bristol County District Attorney Thomas M. Quinn III; and Norfolk County Sheriff Patrick W. McDermott made the announcement today. Assistant U.S. Attorneys Michael Crowley and Sarah Hoefle of the Organized Crime & Gang Unit prosecuted the case.
McDowell County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
BLUEFIELD, W.Va. – Terry Headen, 48, of Welch, was sentenced today to five years in prison, to be followed by five years of supervised release, for possession of a firearm in furtherance of a drug trafficking crime.
According to court documents and statements made in court, on November 10, 2021, Headen sold an amount of a controlled substance represented to be heroin to a confidential informant in Havaco. Headen admitted that he possessed an AR-15 style semiautomatic rifle during the drug transaction.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Southern Regional Drug and Violent Crime Unit.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Andrew D. Isabell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:22-cr-177.
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Man sentenced to six years in prison for trafficking meth in Billings, GlendiveRead the Press Release
BILLINGS — A man convicted of trafficking methamphetamine in the Billings and Glendive communities was sentenced today to six years in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said.
Michael David Brumfield, 55, a transient, pleaded guilty in September 2022 to possession with intent to distribute meth.
U.S. District Judge Susan P. Watters presided.
The government alleged in court documents that in April 202, law enforcement obtained meth from Brumfield in controlled purchases. The total amount of meth seized during the investigation was approximately 153 grams.
Assistant U.S. Attorney Julie R. Patten prosecuted the case, which was investigated by the Drug Enforcement Administration and the Montana Division of Criminal Investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Man convicted on Firearm Charge that Resulted in DeathRead the Press Release
MIAMI – Collice Reid, 23, has been convicted for aiding and abetting the use of a firearm during a robbery that resulted in the death of a Lauderhill, Fla., resident.
According to trial evidence, in October 2015 Reid partnered with criminal associates that committed armed home invasions, armed robberies, assaults, attempted murders, and murders. On November 4, 2015, Reid and his criminal associates robbed Donald “Eddie” Johnston in Lauderhill with Reid serving as lookout and getaway driver.
During the robbery one of Reid’s criminal associates shot and killed Johnston, whose parents worked for Broward Sheriff’s Office (BSO) and Fort Lauderdale Police Department, respectively.
One of Reid’s criminal associates, Derrick Slade, was previously found guilty of his involvement with this criminal group and was sentenced to life imprisonment plus 30 years.
Reid is scheduled to be sentenced April 7, 2023, at 2 p.m. in Miami before the Honorable Paul Huck.
U.S. Attorney for the Southern District of Florida Markenzy Lapointe and acting Special Agent in Charge Maged Behnam, FBI, Miami Field Office, made the announcement.
FBI investigated this case with assistance from BSO, Hollywood Police Department, Lauderhill Police Department, Hallandale Beach Police Department, Davie Police Department, and Fort Lauderdale Police Department. Assistant U.S. Attorneys Paul F. Schwartz and Jeffrey N. Kaplan prosecuted it.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov under case number 20-CR-60107.
Man Sentenced to 10-Year Statutory Maximum for Drive-By ShootingRead the Press Release
WILMINGTON, N.C. – Edward Dominique Devone was sentenced yesterday to 10 years in prison followed by 3 years of supervised release for possession of a firearm by a felon after opening fire during a drive by at a group of individuals in Dunn, North Carolina. This is the statutory maximum sentence available for this offense.
According to court documents and other information presented in court, on December 19, 2020, Dunn Police Department (DPD) were patrolling the downtown businesses in Dunn, North Carolina, when they heard approximately ten shots fired in the area of East Harnett and East Vance Streets. Officers notified dispatch of the shooting and observed a vehicle run the stop sign at the intersection of East Vance Street and North Clinton Street. A traffic stop was initiated of the vehicle. Upon pulling up behind the vehicle, officers observed the back passenger door of the vehicle open and Devone exit the car with his hands up stating, “I didn’t do it.” A female was driving the car. Officers asked her to step out of the car. As the female was exiting the car, officers observed an AK-47 (7.62 caliber Norinco semi-automatic rifle) on the floorboard behind the driver seat in plain view and a black .40 caliber handgun tucked in the back seat pocket on the passenger side seat with part of it visible. Upon securing the firearms from the vehicle, officers noted that the handgun was unloaded but warm to the touch, and the smell of fresh gun powder consistent with a recently fired firearm was present. The rifle was fully loaded.
Officers traveled to the scene of the reported shooting and searched the 400 block of East Vance Street and spoke with an individual who advised the shooting occurred in front of his residence. The homeowner told officers that a female and several men were visiting in front of his house when a car rode by and started shooting. Officers located eight spent .40 caliber shell casings in the roadway in front of his house. The .40 caliber handgun was test fired and a comparison was done between the .40 shell casings recovered from the scene and the shell casing from the bullet used to test fire the handgun and they were a match.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing was concluded. Chief U.S. District Judge Richard E. Myers II presided over the sentencing. Dunn Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case and Assistant U.S. Attorney Jennifer May-Parker prosecuted the case.
A copy of this press release is located on our website. Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or PACER by searching for Case No. 5:22-CR-00077-M.
Man Sentenced to 10 Years in Prison for Attempting to Travel Overseas to Join ISIS-KRead the Press Release
A Beavercreek, Ohio, man, who was arrested by the FBI’s Joint Terrorism Task Force at John Glenn International Airport in 2018 while trying to travel to Afghanistan to join the Islamic State of Iraq and al-Sham (ISIS) or ISIS-Khorasan (ISIS-K), was sentenced today in federal court.
Naser Almadaoji, 23, an Iraqi-born U.S. citizen, was sentenced to 10 years in prison, followed by 15 years of supervised release.
Almadaoji pleaded guilty to attempting to provide material support to a foreign terrorist organization in November 2021. He admitted to attempting to provide material support – himself, as personnel – to foreign terrorist organizations, namely ISIS and ISIS-K.
According to court documents, Almadaoji purchased a plane ticket for travel on Oct. 24, 2018, and was arrested by FBI Joint Terrorism Task Force officers after checking in and obtaining his boarding pass.
The defendant intended to travel to Astana, Kazahkstan, where he planned to be smuggled into Afghanistan so that he could join and receive military training from ISIS-K in support of both that terrorist group and ISIS.
Almadaoji explained to an individual whom he believed to be an ISIS supporter that he wanted “weapons experts training, planning and executing, hit and run, capturing high value targets, ways to break into homes and avoid security guards. That type of training.” He began making travel plans in September 2018.
Prior to that, between Feb. 16 and 24, 2018, Almadaoji traveled to Egypt and Jordan for the purpose of joining ISIS’s affiliate in the Sinai Peninsula, ISIS Wilayat Sinai, another designated foreign terrorist organization, but he ultimately was unsuccessful.
Almadaoji told an individual posing as an ISIS supporter online about his proposed plot to start a conflict in the United States between the federal government and anti-government militias. He asked the purported ISIS supporter for a guide on how to make a car bomb.
In August 2018, Almadaoji also told the purported ISIS supporter that he was “always willing” to assist with “projects” in the United States.
Almadaoji recorded and sent a video of himself wearing a headscarf and pledging allegiance to the leader of ISIS.
In addition, Almadaoji translated a purported ISIS document from Arabic to English, telling his contact, “Don’t thank me . . . it’s my duty.”
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Kenneth L. Parker for the Southern District of Ohio, Assistant Director Robert R. Wells of the FBI Counterterrorism Division and Special Agent in Charge J. William Rivers of the FBI Cincinnati Field Office made the announcement.
Assistant U.S. Attorney Nicholas A. Dingeldein for the Southern District of Ohio and Trial Attorney Justin Sher of the National Security Division’s Counterterrorism Section are representing the United States in this case.
Man Charged with Hate Crime and Obstruction and Second Man Charged with Obstruction Offenses Following Murder of Transgender Woman in Allendale, South CarolinaRead the Press Release
COLUMBIA, SOUTH CAROLINA - A five-count federal indictment was unsealed charging two South Carolina men with hate crime and obstruction offenses, arising from the murder of Dime Doe of Allendale, South Carolina.
The indictment charges Daqua Ritter, 26, with a hate crime for the murder of Doe, a transgender woman, because of her gender identity; using a firearm in connection with the hate crime; and obstruction of justice. The indictment also charges Xavier Pinckney, 24, with two obstruction offenses for providing false and misleading statements to authorities investigating the murder.
The indictment alleges that on Aug. 4, 2019, Ritter shot Doe, a transgender woman, because of her actual and perceived gender identity. The indictment further charges Ritter with misleading state investigators about his whereabouts the day of the murder. The indictment also alleges that Pinckney concealed from state investigators the use of his phone to call and text Dime Doe the day of the murder and lied to state and federal investigators about seeing Ritter after the morning of the murder.
The hate crime count against Ritter carries a maximum penalty of life imprisonment. The counts charging Ritter and Pinckney with obstruction of justice carry a maximum penalty of 20 years of imprisonment. The count charging Pinckney with lying to federal investigators carries a maximum penalty of five years of imprisonment.
The FBI’s Columbia Field Office investigated the case, with the assistance of South Carolina Law Enforcement Division (SLED).
Assistant U.S. Attorneys Brook Andrews, Ben Garner, and Elle Klein for the District of South Carolina and Trial Attorney Andrew Manns of the Civil Rights Division’s Criminal Section are prosecuting the case.
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Man Arrested for Transporting Images of Child Sexual AbuseRead the Press Release
A Virginia man was arrested last night on criminal charges related to his alleged transportation of images depicting the sexual abuse of children.
According to court documents, the investigation into James Gordon Meek, 53, of Arlington, was initiated from an investigative lead sent by Dropbox and ultimately received by the FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force. That lead ultimately led to a court-authorized search of Meek’s residence in April 2022 by members of the task force, where law enforcement seized multiple devices that allegedly contained evidence of the transportation of images of child sexual abuse.
According to court documents, several of Meek’s devices allegedly contained images depicting children engaged in sexually explicit conduct, and multiple chat conversations with users engaged in sexually explicit conversations where the participants expressed enthusiasm for the sexual abuse of children. In two of those conversations, a username allegedly associated with Meek received and distributed child sexual abuse materials through an internet-based messaging platform.
Meek is charged with transportation of child pornography. If convicted, he faces a mandatory minimum of five years in prison and a maximum penalty of 20 years in prison.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Jessica D. Aber for the Eastern District of Virginia, and Special Agent in Charge Wayne A. Jacobs of the FBI Washington Field Office’s Criminal and Cyber Division made the announcement.
Trial Attorney Whitney Kramer of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Zoe Bedell for the Eastern District of Virginia are prosecuting the case.
This case was investigated by the FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force, with significant assistance from the Arlington County Police Department. The task force is comprised of FBI agents, along with other federal agents and detectives from northern Virginia and the District of Columbia. The task force is charged with investigating and bringing federal charges against individuals engaged in the exploitation of children and those engaged in human trafficking.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Macon Man Sentenced to Prison for Making Death Threats, Attempting Extortion on Social MediaRead the Press Release
MACON, Ga. – A Macon resident who was previously living in Phoenix, Arizona, was sentenced to serve 34 months in prison today after he pleaded guilty to making death threats and attempting to blackmail an individual through Facebook.
Austin Mitchel Fitch aka Jakob Enderson, 29, was sentenced to serve 34 months in prison to be followed by three years of supervised release by Chief U.S. District Judge Marc Treadwell today after he previously pleaded guilty to two counts of sending threatening communications via interstate commerce and one count of interstate communications with intent to extort. There is no parole in the federal system.
“Death threats and extortion are not constitutionally protected speech. There are repercussions for those who threaten to harm and blackmail people through social media,” said U.S. Attorney Peter D. Leary. “I want to commend FBI’s National Threat Operations Center for its work in this case and its continued efforts to protect our citizens from harm.”
“No one should have to face threats and extortion in person or through social media,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “Thanks to the FBI’s National Threat Operations Center, Austin Fitch will no longer be able to make threats. This case is a warning to others who want to use social media as their weapon of choice.”
According to court records, a person contacted FBI’s National Threat Operations Center (NTOC) on April 28, 2022, to report death threats he received through Facebook from an individual named Jakob Enderson. A second person also received death threats on the same day from Jakob Enderson. An exigent emergency request for subscriber information by FBI to Facebook resulted in the account being traced to Fitch. On April 29, 2022, the FBI spoke with Fitch, who admitted to making the death threats and indicated that he believed it was within his constitutional rights to make such threats. The agent advised Fitch that these types of comments are not protected speech and that it was illegal to make death threats. Following that conversation with FBI, Fitch proceeded to reach back out to both persons several times with additional threats through Facebook, including an attempt to extort money.
The case was investigated by FBI. Assistant U.S. Attorney Will Keyes prosecuted the case.
Lexington Man Sentenced to 35 Years for Conspiring to Traffic in FluorofentanylRead the Press Release
LEXINGTON, Ky.— A Lexington man, Michael Byrd, 34, was sentenced to 35 years in federal prison on Monday, by Chief U.S. District Judge Danny Reeves, for conspiracy to distribute fluorofentanyl, possession with intent to distribute 100 grams or more of fluorofentanyl, and possession with intent to distribute 10 grams or more of fluorofentanyl.
Byrd was charged in a second superseding indictment, along with Je’Von Byrd, 22, and Savannah Asberry, 27. Byrd pleaded guilty to conspiring with others to distribute the drugs, from January 2021 to May 2022, in Fayette County. During the investigation, large quantities of illegal drugs were seized, following searches of a vehicle and Lexington residence – as well as from items collected from a foot pursuit, where a police canine overdosed from exposure to drugs. At his sentencing hearing, the Court determined that Byrd’s role in the conspiracy involved more than 4.6 kilograms of fluorofentanyl, as well as enhancements for firearm possession and maintaining a premises for drug distribution.
Byrd had previously been convicted in Louisville, of first degree robbery, first degree burglary, kidnapping, wanton endangerment, and first degree fleeing or evading police, in 2008, and of being convicted felon in possession of a handgun, in 2017.
Byrd pleaded guilty to the charges in October 2022. Asberry pleaded guilty and was sentenced in November 2022, to 120 months in prison, followed by five years of supervised release. Je’Von Byrd has pleaded guilty and is scheduled to be sentenced on February 24, 2023.
Under federal law, Byrd must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for 10 years.
“In addition to his extensive and violent criminal history, the defendant was illegally dealing in massive amounts of fluorofentanyl, a powerful opioid analogue of fentanyl,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky. “This drug is particularly dangerous and frequently fatal – and he was responsible for more than four and half kilograms. In this case, a police canine was exposed to it, overdosed, and needed veterinary care. Clearly, the risk to the public from his conduct was enormous. His sentence is certainly warranted and would not have been possible without the dedicated efforts of all our law enforcement partners.”
“Drug dealers with guns are criminals who pose an increased threat to the safety of our communities,” said ATF Acting Special Agent in Charge Robert Maynard of the Louisville Division. “The sentencing of Michael Byrd is another example of the ongoing efforts of ATF and the Lexington Police Department working together to make our communities safer for everyone.”
United States Attorney Shier; ATF Acting SAC Maynard; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the sentence.
The investigation was conducted by the ATF and Lexington Police Department. The United States was represented by Assistant U.S. Attorney Cindy Rieker.
This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety – one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
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Leader of California to Iowa Ice Methamphetamine Organization Pleads Guilty to Federal Drug and Gun ChargesRead the Press Release
A man who orchestrated the shipment of hundreds of pounds of ice methamphetamine from California to Iowa pled guilty today in federal court in Cedar Rapids, Iowa.
David Poitier Belton, age 37, from Compton, California, was convicted of one count of conspiracy to distribute methamphetamine and one count of being a felon and drug user in possession of a firearm.
In a plea agreement, Belton, who was also known as “Blood,” admitted that he and others transported 30- to 60-pound shipments of ice methamphetamine from Los Angeles, California, to Cedar Rapids, Iowa, between 2017 and March 2022. Belton paid other individuals to transport the ice methamphetamine, typically in a vehicle that contained a specially made hidden compartment. Once the ice methamphetamine arrived in Cedar Rapids, Belton or his associate would retrieve the methamphetamine and distribute it to other members of the organization for sale to customers. In October 2020, the vehicle with the hidden compartment was searched by law enforcement while it was on a car hauler destined for Iowa. Approximately 30 pounds of ice methamphetamine was found inside the hidden compartment.
In late 2021, the Cedar Rapids DEA conducted a wiretap investigation into Belton’s drug organization. In February 2022, intercepted communications indicated that a shipment of 60 pounds of ice methamphetamine was going to be coming to Iowa from California. Investigators tracked a courier driving a rental truck from Los Angeles to Nebraska, where the truck was stopped. During a search of the cargo area of the truck, officers found a plastic tote containing 60 pounds of ice methamphetamine.
Following the seizure of the 60 pounds of ice methamphetamine, Belton continued to purchase additional methamphetamine from his source in California. On February 27, 2022, Belton was intercepted speaking with Kiyonte Sowell, a relative of Belton’s in California. Belton told Sowell that he was booking Sowell a flight, instructed Sowell to “pack you a big ass suitcase, you already know you ain’t going to stay for that many days” and then said, “You already know what the rest is so we gonna, I’m gonna book you out a ticket in the morning.” The next day, Sowell went to the Los Angeles International Airport, taking a large roller bag with him through airport security as carry‑on luggage. Airport security conducted an X‑ray of the roller bag and observed multiple bags of an unknown substance underneath the clothes inside the bag. During a secondary search of the bag, security found five vacuum‑sealed bags containing ice methamphetamine. Sowell admitted that the bag was his but said his brother had packed it. When asked if he was aware of the contents of the bag he shrugged and said, “It looks like cocaine or meth, I don’t know.” He then said he was going to Iowa, “but all I know is that I’m missing my flight and I’m going to jail.”
On March 8, 2022, investigators searched Belton’s home in Cedar Rapids. During the search, investigators located a small amount of cocaine and 15 guns. Belton was a felon, having twice been convicted of felony burglary and once of possession with intent to distribute marijuana. Belton was also prohibited from possessing guns because he was an unlawful user of marijuana.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Belton remains in custody of the United States Marshal pending sentencing. Belton faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,250,000 fine, and a lifetime of supervised release following any imprisonment.
The case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the DEA Task Force in Cedar Rapids and the Federal Bureau of Investigation. The DEA Task Force in Cedar Rapids consists of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement. The case is being prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22‑CR‑39‑CJW‑MAR.
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Leader of Brooklyn Based Elite Assassin Millas Gang Convicted of Racketeering Conspiracy and Firearms OffenseRead the Press Release
Earlier today, a federal jury in Brooklyn convicted Quandel Smothers on both counts of an indictment charging him with racketeering conspiracy and possessing a firearm in furtherance of a drug trafficking crime in connection with his leadership of the East New York-based Elite Assassin Millas (E.A.M.), a set of the Bloods street gang. Six other members and associates of E.A.M. previously pleaded guilty after being charged in June 2020. When sentenced, the defendant faces a maximum of life in prison and a mandatory minimum sentence of five years.
Breon Peace, United States Attorney for the Eastern District of New York, announced the verdict.
“Today’s verdict is welcome news to the people of East New York, who will no longer have to face the defendant’s destructive impact on their neighborhood,” stated United States Attorney Peace. “Our communities should not have to live in fear of unprompted violence from the defendant and his gang.”
Mr. Peace thanked the Federal Bureau of Investigation, New York Field Office and the New York City Police Department for their assistance in the case.
As proven at trial, E.A.M. operated primarily in East New York, which the gang referred to as “Gun Town.” The gang profited through fraud and narcotics dealing, particularly the sale of crack cocaine and marijuana.
Between 2006 and 2019, Smothers agreed with other gang members and associates to engage in fraud, narcotics trafficking, and significant acts of violence, including shootings that killed at least one individual and left several other victims permanently disabled.
On April 30, 2011, the defendant shot a fellow E.A.M. member whom he believed intended to harm another member of the gang over a drug-related dispute. As a result of the shooting, the victim’s leg was amputated. Over the years that the defendant led the gang, the gang engaged in numerous feuds with other local street gangs in East New York that frequently resulted in shoot-outs between the groups. As a result of shootings, several individuals were paralyzed by members of E.A.M., and one person — Michael Tenorio — was murdered.
The other defendants charged in the indictment previously pleaded guilty to crimes including murder, conspiracy to commit murder, assault, and interstate stalking causing life threatening injury.
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.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Matthew Galeotti, Genny Ngai and Jonathan Siegel are in charge of the prosecution with the assistance of paralegal Brittany Wissel.
The Defendant:
QUANDEL SMOTHERS (also known as “Chucky”)
Age: 32
Brooklyn, New YorkDefendants Who Previously Pleaded Guilty
TYSHAWN CORBETT (also known as “Reck”)
Age: 32
Brooklyn, New YorkQAWON ALLEN (also known as “40” and “Phorty Wap”)
Age: 28
Brooklyn, New YorkDESMONN BECKETT (also known as “Des”)
Age: 30
Brooklyn, New YorkDEVON BRISTOL (also known as “D”)
Age: 32
Brooklyn, New YorkMARLON BRISTOL (also known as “Marlo”)
Age: 35
Brooklyn, New YorkANDREW CAMPBELL (also known as “Phaze”)
Age: 27
Brooklyn, New YorkE.D.N.Y. Docket No. 20-CR-213 (KAM)