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7 March 2023
Pain Clinic Owners Sentenced for Unlawfully Distributing Opioids and Multimillion-Dollar Health Care FraudRead the Press Release
BIRMINGHAM, Ala. – A judge sentenced a Tennessee physician and his wife yesterday for unlawfully distributing opioids and defrauding insurers through their now-shuttered Alabama clinics.
Chief U.S. District Court Judge L. Scott Coogler sentenced Mark Murphy, 66, and his wife, Jennifer Murphy, 66, both of Lewisburg, each to twenty years in prison for conspiracy to unlawfully distribute controlled substances and conspiracy to commit health care fraud, along with various substantive counts related to the same, and conspiring to defraud the United States and receiving kickbacks.
"Dr. Murphy and his wife preyed on countless vulnerable patients and stole tens of millions of dollars from Medicare and other taxpayer-funded health insurance programs," said U.S. Attorney Escalona. "Our office will continue to prosecute drug dealers and health care fraudsters to the full extent of the law."
“The abuse of prescription drugs, especially opioids, is a serious problem in our communities,” said DEA Assistant Special Agent in Charge Towanda Thorne-James. “All too often, this abuse leads to addiction, shattered lives, and even death. For the health and safety of our citizens, DEA and our law enforcement partners will continue to target those who illegally distribute these potentially dangerous drugs. We hope that the sentences in this case serve as a reminder to anyone who might illegally divert pharmaceuticals that they will be held accountable for the harm they cause.”
“Mark and Jennifer Murphy learned today that unlawfully distributing controlled substances, committing health care fraud, and receiving kickbacks comes with hefty legal consequences,” said James E. Dorsey, Special Agent in Charge, IRS Criminal Investigation, Atlanta Field Office. “Their conviction today serves as a lesson to others who think no one is paying attention.”
According to court documents and evidence presented at trial, Mark Murphy and Jennifer Murphy owned and operated North Alabama Pain Services (NAPS), which closed its Decatur and Madison offices in early 2017. Mark Murphy was the sole doctor at the two locations, and the evidence at trial showed that some patients went months or years without seeing him during their monthly office visits, even though they continued to get opioid prescriptions that he had pre-signed. Over the approximately five-year period leading up to the clinic closing its Alabama locations, the evidence at sentencing showed, Murphy wrote prescriptions for more than ten million opioid pills, including millions of oxycodone 30 mg tablets. During the same five-year period, Murphy and his wife Jennifer, who helped run the clinics, ordered tens of millions of dollars of unnecessary items and services that were paid by taxpayer-funded and private insurance programs. The Murphys received kickbacks for those orders and prescriptions. In all, Medicare, TRICARE, and Blue Cross Blue Shield of Alabama were billed more than $280 million as a result of the fraud and kickback schemes, and paid more than $50 million. Mark Murphy and Jennifer Murphy were each ordered to pay more than $50 million in restitution. Jennifer Murphy was also convicted of tax-related charges for underreporting clinic income.
Also yesterday, co-conspirator, Christie Rollins, 52, of Petersburg, Tennessee, was sentenced to twenty-four months in prison for her role in selling medically unnecessary durable medical equipment and expensive topical creams at NAPS. Rollins agreed to pay restitution of more than $564,000.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Prim F. Escalona for the Northern District of Alabama; Special Agent in Charge Bradford L. Byerly of the Drug Enforcement Administration (DEA) New Orleans Field Division; Special Agent in Charge Carlton L. Peeples of the FBI Birmingham Division; Special Agent in Charge James E. Dorsey of IRS Criminal Investigation (IRS-CI) Atlanta Field Office; and Special Agent in Charge Tamela E. Miles of the Department of Health and Human Service Office of the Inspector General (HHS-OIG) Atlanta Region made the announcement.
FBI, HHS-OIG, IRS-CI and DEA investigated the case.
Assistant Chief Jillian Willis and Trial Attorney Emily Gurskis of the Criminal Division’s Fraud Section and Assistant U.S. Attorney J.B. Ward of the Northern District of Alabama prosecuted the case.
The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 90 defendants who are collectively responsible for distributing more than 105 million pills. The ARPO Strike Force is part of the Health Care Fraud Strike Force Program, which since March 2007 has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at: https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
New Orleans Man Sentenced on Federal Firearm and Drug Trafficking Charges Stemming from New Orleans Hotel ShootoutRead the Press Release
NEW ORLEANS, LOUISIANA – CLARENCE SANTIAGO, of New Orleans, Louisiana, was sentenced today by U.S. District Court Judge Greg G. Guidry to 30 years in jail for his participation in a December 28, 2020, shootout at the Jung Hotel on Canal Street, announced U.S. Attorney Duane A. Evans.
SANTIAGO was sentenced to Counts 1, 2, 3, and 4 of the indictment, which charges him with conspiring to possess firearms in furtherance of a drug trafficking crime (Count 1); using, carrying and discharging a firearm during and in relation to a drug trafficking crime (Count 2); conspiracy to possess with the intent to distribute marijuana (Count 3); and illegally maintaining a drug involved premises (Count 4).
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 case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives and New Orleans Police Department. This case was prosecuted by Assistant United States Attorneys Maurice E. Landrieu, Jr. of the Narcotics Unit and Elizabeth Privitera, Unit Chief of Violent Crime Unit.
Navajo woman charged with involuntary manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Leticia Ashley was arraigned on March 6 on an indictment charging her with involuntary manslaughter and abandonment and abuse of a child. Ashley, 42, of Navajo, New Mexico, and an enrolled member of the Navajo Nation, will remain under supervision pending trial, which has not been scheduled.
A federal grand jury indicted Ashley on Feb. 23. According to the indictment, on July 29, 2022, Ashley, while under the influence of alcohol, operated a motor vehicle with children in the car and placed those children in a situation which resulted in the death of one and endangered the lives of three others. The incident occurred in McKinley County, New Mexico, within the bounds of the Navajo Nation
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Ashley faces up to 8 years in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Kimberly N. Bell is prosecuting the case.
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Mexican citizen admits to alien smuggling resulting in death of childRead the Press Release
BROWNSVILLE, Texas – A 30-year-old Mexican citizen has pleaded guilty to attempted alien smuggling resulting in death, announced U.S. Attorney Alamdar S. Hamdani.
Miguel Angel Ceballos-Acuna pleaded guilty today to attempted alien smuggling resulting the death of one minor child.
On March 22, 2022, law enforcement responded to reports of suspecting alien smuggling near the border fence on the University of Texas – Rio Grande Valley (UTRGV) campus. Two individuals had crossed the border fence and got into a white SUV. Authorities then engaged in a high speed pursuit of the vehicle, which ran multiple red lights, but eventually disengaged pursuit due to safety concerns.
However, the vehicle continued traveling at a high rate of speed and crashed into a utility pole in a residential neighborhood. When law enforcement arrived on scene, they discovered the body of a 14-year-old Mexican citizen.
As part of his plea, Ceballos-Acuna admitted he and another individual had driven the white SUV that day to pick up an alien who had illegally entered the United States. When they arrived at the UTRGV campus, two aliens entered the vehicle, including the minor victim. Ceballos-Acuna admitted he knew the minor victim was unlawfully present in the United States. Nevertheless, he attempted to transport the victim which resulted in his death.
U.S. District Judge Rolando Olvera accepted the plea and will impose sentencing May 31. At that time, Ceballos-Acuna faces up to life in prison and a possible $250,000 fine.
Ceballos-Acuna has been and will remain in custody pending that hearing.
Homeland Security Investigations conducted the investigation with the assistance of Border Patrol, Brownsville Police Department and Cameron County District Attorney’s Office. Assistant U.S. Attorneys Edgardo J. Rodriguez and Megan Eyes prosecuted the case.
Menasha Man Indicted for Distribution of Child PornographyRead the Press Release
United States Attorney Gregory J. Haanstad of the Eastern District of Wisconsin announced that on March 7, 2023, a federal grand jury returned a two count indictment alleging that Colton H. Nelson (age: 24) of Menasha, Wisconsin, distributed child pornography in violation of Title 18, United States Code, Section 2252A(a)(2)(A).
According to documents filed with the court, Nelson used file sharing software to distribute digital videos and images of child pornography to undercover law enforcement. A subsequent search of Nelson’s residence revealed thousands of images and videos containing child pornography located on electronic devices in his possession. Nelson faces a mandatory 5 years’ imprisonment and up to 20 years’ imprisonment if convicted of either distribution charge. Nelson may also be fined up to $250,000 on each count.
This case was investigated by the Winnebago County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Daniel R. Humble.
An indictment is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006, by the U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Massachusetts Man Sentenced to 45 Months Imprisonment for Fentanyl Distribution ConspiracyRead the Press Release
CONCORD – Carlos Ozuna, 51, of Lawrence, Massachusetts, was sentenced to 45 months in federal prison for a drug-distribution conspiracy, United States Attorney Jane E. Young announced today.
According to court documents and statements made in court, Ozuna was part of a drug-distribution conspiracy operating in Lawrence, Massachusetts that distributed fentanyl into New Hampshire. The defendant purchased wholesale quantities of fentanyl from another member of the conspiracy, who, in turn, imported the fentanyl from an international source of supply. The defendant was intercepted as part of a court authorized wiretap investigation arranging drug purchasers from the conspirator who was importing the drugs. The interception revealed that the defendant was purchasing approximately one kilogram of fentanyl for further distribution.
“Fentanyl distribution continues to be one of the significant problems plaguing our communities” said U.S. Attorney Young. “As this case demonstrates, we will continue to leverage all available methods of detection available to stop the stream of deadly fentanyl into New Hampshire and to prosecute those involved in this drug trafficking.”
This matter was investigated by the Drug Enforcement Administration. The case was prosecuted by Assistant U.S. Attorneys Seth Aframe, John Kennedy and Heather Cherniske.
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Massachusetts Man Pleads Guilty to Making a False Statement During the Acquisition of a Firearm in PlaistowRead the Press Release
CONCORD – William Heredia, 36, of Haverhill, Massachusetts, pleaded guilty in federal court today to an indictment charging him with one count of making a false statement during the acquisition of a firearm, United States Attorney Jane E. Young announced.
According to court documents and statements made in court, on November 23, 2018, Mr. Heredia purchased a Smith & Wesson rifle from a federal firearms licensee in Plaistow, New Hampshire. In completing the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) Form 4473, Mr. Heredia stated that he was the actual transferee of the firearm. In fact, Mr. Heredia, who previously worked as an employee of the Massachusetts Department of Youth Services, was buying the gun for an individual whom Mr. Heredia had met when the individual was in juvenile detention. The individual accompanied Mr. Heredia to the firearms store, and Mr. Heredia transferred the Smith & Wesson rifle to the individual that same day.
Heredia is scheduled to be sentenced on June 20, 2023.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant U.S. Attorneys Anna Krasinski and Aaron Gingrande.
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Maryland Man Sentenced to Prison for Defrauding Medicaid in a Scheme Involving Personal Care ServicesRead the Press Release
WASHINGTON – Joseph Tamjong, 51, of Lanham, Maryland, was sentenced today to 20 months in prison for stealing more than $700,000 from the D.C. Medicaid program. The sentence was announced by U.S. Attorney Matthew M. Graves, FBI Special Agent in Charge Wayne A. Jacobs, of the Washington Field Office’s Criminal and Cyber Division, Special Agent in Charge Maureen R. Dixon, of the U.S. Department of Health and Human Services’ Office of Inspector General for the region that includes Washington, D.C., and Daniel W. Lucas, Inspector General for the District of Columbia.
In addition to the prison term, U.S. District Court Judge Christopher R. Cooper ordered that Tamjong serve three years of supervised release following his prison sentence. He also ordered him to pay $733,405 in restitution and $396,155 in a forfeiture money judgment. Tamjong pleaded guilty to one count of health care fraud on November 28, 2022.
Between December 2014 and February 2022, Tamjong was employed as a Personal Care Aide and/or a Participant-Directed Worker providing personal care services to residents of the District of Columbia who needed assistance performing activities of daily living, such as getting in and out of bed, bathing, dressing, and eating. Tamjong submitted false timesheets that claimed he provided these services to Medicaid beneficiaries when, in fact, he did not. Although he committed a bulk of his criminal conduct when he was in the United States, he brazenly caused Medicaid to be billed for approximately 3,400 hours of services that he purportedly provided when he was traveling outside the country. On 156 separate occasions, he claimed he provided 24 hours of services in a single day. In total, he defrauded Medicaid of $733,405, personally receiving at least $395,155 in fraudulent wages from the scheme.
Since December 2018, 12 former personal care aides have been sentenced in the United States District Court for the District of Columbia for defrauding the District’s Medicaid program.
The government urges the public to provide tips and assistance to stop health care fraud. If you have information about individuals committing health care fraud, please call the Department of Health and Human Services’ Office of Inspector General hotline at 800- HHS‑TIPS (800 447-8477) or the D.C. Office of the Inspector General at 800-724-TIPS (800 274-8477).
This case was investigated by the FBI’s Washington Field Office, the Department of Health and Human Services’ Office of Inspector General, and the District of Columbia’s Office of the Inspector General’s Medicaid Fraud Control Unit.
The case was prosecuted by Assistant U.S. Attorney Kondi Kleinman with assistance from Paralegal Specialist Michon Tart.
Maryland MS-13 Gang Member Pleads Guilty to Participating in a Racketeering Conspiracy, Including Two MurdersRead the Press Release
Greenbelt, Maryland – Franklyn Edgardo Sanchez, a/k/a “Freddy,” “Magic,” “Miclo,” and “Delinquente,” age 26, of Adelphi, Maryland, pleaded guilty today to his participation in a racketeering conspiracy, including two murders, related to his activities as part of the MS-13 gang.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge James C. Harris of Homeland Security Investigations Baltimore; and Chief Malik Aziz of the Prince George’s County Police Department.
According to court documents, La Mara Salvatrucha gang, also known as “MS-13,” is an international criminal organization composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County, Prince George’s County, and Frederick County, and throughout the United States. In Maryland and elsewhere, MS-13 members are organized in “cliques,” smaller groups that operate in a specific city or region. MS-13 members are required to commit acts of violence, both to maintain membership and discipline within the gang and against rival gangs. One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible. Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increases the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang, and opens the door to promotion to a leadership position.
As detailed in the plea agreement, from at least August 2018 through July 2021, Sanchez was a member and associate of Weedams Locos Salvatrucha, (WLS) an MS-13 clique operating primarily in Adelphi, Maryland. On February 23, 2020, at the direction of an MS-13 leader, Sanchez and a co-defendant MS-13 member, shot and killed Victim 1, a former WLS member, in retaliation for the victim’s suspected cooperation with law enforcement.
According to the plea agreement, Victim 1 sat for interviews with local police following a robbery he committed with a fellow WLS member. Victim 1’s co-defendant pleaded guilty prior to Victim 1’s murder. In the weeks prior to the murder, Victim 1 had been in touch with WLS members over social media, text messages and voice calls. Records show that WLS members told Victim 1 that if he met with gang members to make amends, his cooperation would be forgiven. Victim 1 was instructed to wait on the side of a road at a location in or near Adelphi, Maryland, on February 23, 2020. A junior WLS member drove Sanchez and f Sanchez’s co-defendant to the location, where they picked up Victim 1. They drove to a location in or near Hyattsville, Maryland. Sanchez, his co-defendant, and Victim 1 got out of the car and walked into a wooded area, where Sanchez and the co-defendant shot Victim 1. Victim 1 died from his gunshot wounds. As a result of his participation in the murder, Sanchez was promoted within the hierarchy of MS-13.
On August 8, 2020, WLS members, including Sanchez, were gathered at a park in Prince George’s County, Maryland. Sanchez and several of the WLS members agreed to the murder of Victim 4, who was suspected of cooperating with law enforcement and to whom Sanchez owed a debt. After driving to a nearby wooded area, a WLS leader called Victim 4 and told him to come to the wooded area to participate in a disciplinary beating of Sanchez. In reality, as Sanchez knew, the gang intended to murder Victim 4.
Sanchez was armed with a revolver, and a second revolver was given to another MS-13 member to participate in the murder. When Victim 4 arrived, Sanchez and the other MS-13 member each fired multiple shots at Victim 4, causing Victim 4 to fall to the ground. Sanchez then pistol-whipped Victim 4 and stabbed him with a knife. WLS members dragged Victim 4’s body to a stream and left it there. As he was leaving the woods, Sanchez noticed he was bleeding and became concerned that his DNA was left on the body. To prevent the discovery of DNA or other evidence and to hinder the investigation and prosecution of Victim 4’s murder, other WLS members were called and ordered to bring shovels to the wooded area, where they dug a hole and buried Victim 4’s body. Victim 4’s body was later recovered with a bullet wound to the head.
Sanchez also participated in money laundering by transferring gang funds to MS-13 members and associates in El Salvador. Sanchez knew the money he transferred was the proceeds of the gang’s extortion activities
The government and the defendant have agreed that, if the Court accepts the plea, Sanchez will be sentenced to 28 years in federal prison. Sanchez will also be required to pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by Victim 1 and Victim 4’s estates. U.S. District Judge Paula Xinis has scheduled sentencing for May 19, 2023.
Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.
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. PSN, an evidence-based program proven to be effective at reducing violent crime, is the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of an Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
United States Attorney Barron and Assistant Attorney General Polite commended the FBI, HSI and the Prince George’s County Police Department for their work in the investigation and thanked the Montgomery County Police Department and U.S. Immigration and Customs Enforcement for their assistance. Mr. Barron thanked Assistant U.S. Attorney Joel Crespo, and Trial Attorneys Brendan Woods and Christopher Taylor of the Criminal Division’s Organized Crime and Gang Section, who are prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Maryland Defense Contractor Convicted for Procurement Fraud after Nine-Day TrialRead the Press Release
Baltimore, Maryland – A federal jury convicted Cory Collin Fitzgerald Sanders, age 39, of Hagerstown, Maryland, late yesterday on federal charges of wire fraud, false claims, and making and using a false document in connection with his companies’ performance on federal contracts.
The guilty verdict was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge Troy W. Springer, of the National Capital Region of the U.S. Department of Labor’s Office of Inspector General; and Acting Special Agent in Charge Michael D. Butler II of the Naval Criminal Investigative Service (NCIS) Economic Crimes Field Office.
According to the evidence presented at the nine-day trial, in June 2014 Sanders formed Sandtech LLC, a Maryland limited liability company whose business was the sale of video teleconference equipment to the Department of Defense and other agencies of the federal government. Sanders was the sole owner, agent, and president of Sandtech. Witnesses testified that Sanders obtained contracts with federal agencies for Sandtech to provide telecommunications equipment and services. Sanders caused Sandtech to fail to perform on contracts with the U.S. Department of Labor and the Department of the Army, which terminated the Sandtech contracts for cause. Sanders then formed Cycorp Technologies in 2016 to provide the same type of telecommunication services as Sandtech.
The trial evidence proved that from February 10, 2015 through June 30, 2020, Sanders engaged in a scheme to defraud the government by entering into contracts with federal agencies which required Sandtech or Cycorp Technologies to provide new telecommunications equipment which was still under manufacturers’ warranty. The evidence showed that in his communications with federal agency contracting officers Sanders provided false information about the delivery, source, warranty, and/or condition of the electronic equipment provided by his companies, including misrepresentations that the equipment was new and protected by the manufacturer’s warranty, when Sanders knew that the equipment was not new, or was new but not under warranty, or was procured through unauthorized channels. The evidence also showed that Sanders was not authorized to provide certain IT services to the federal government, although he represented to government officials that he was.
Further, Sanders provided contracting officials with false information and false documents about the credentials, certifications, and qualifications of Cycorp Technologies. As proven during trial, Sanders provided fabricated and forged documents falsely certifying Cycorp Technologies’ status as an “authorized partner” of two large national telecommunications equipment manufacturers. If true, the certificates would have authorized Cycorp Technologies to buy directly from those companies’ distributors, provide maintenance to their equipment, or re-sell their new and warrantied products. In addition, Sanders submitted invoices on behalf of Sandtech and Cycorp Technologies so that the government agencies he contracted with would pay for deficient or non-existent performance by electronic deposit into business bank accounts.
Sanders faces a maximum sentence of 20 years in federal prison for each of 12 counts of wire fraud; a maximum of five years in federal prison for each of two counts of false claims; and a maximum of five years in federal prison for making and using a false document. Chief U.S. District Judge James K. Bredar has scheduled sentencing for Sanders on July 14, 2023, at 10:00 a.m.
United States Attorney Erek L. Barron commended the Department of Labor – OIG and the NCIS for their work in the investigation and thanked the Army Criminal Investigation Division, and the Offices of Inspector General for the U.S. Department of State, the U. S. Department of Commerce, the U.S. Environmental Protection Agency, the U.S. Department of the Interior, the Defense Criminal Investigation Service, the U.S. Department of Homeland Security, the U.S. Department of Health and Human Services and the U.S. Department of Justice for their assistance. Mr. Barron thanked Assistant U.S. Attorneys Joyce K. McDonald and Evelyn Lombardo Cusson, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to fight fraud, please visit https://www.justice.gov/usao-md and https://www.justice.gov/usao-md/report-fraud.
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MPD Sergeant Charged with Federal Civil Rights Violation and Second-Degree MurderRead the Press Release
Defendant Appeared in Federal Court Today
WASHINGTON – A federal indictment was unsealed today charging MPD Sergeant Enis Jevric, 41, with a federal civil rights violation and second-degree murder. The charges stem from Jevric’s August 25, 2021, fatal shooting of An’Twan Gilmore, 27, in Northeast Washington, D.C. Jevric appeared this afternoon before the Honorable Magistrate Judge G. Michael Harvey in the U.S. District Court for the District of Columbia.
As alleged in count one of indictment, the defendant, while acting under the color of law, willfully deprived Gilmore, 27, of his right to be free from the use of excessive force. Specifically, the defendant used his MPD-issued firearm to shoot and kill Gilmore. Count two charges Gilmore with violating federal law by using a firearm to commit second-degree murder. Finally, count three charges the defendant with murder in the second-degree, in violation of D.C. Code. The alleged offenses carry a statutory maximum penalty of life in prison.
“We thoroughly investigate every incident where one of our fellow citizens dies during an interaction with law enforcement,” said U.S. Attorney Matthew M. Graves, in announcing the indictment. “We have found that most officers use force only when necessary. In these investigations, we follow the evidence and the law. In the overwhelming majority of these cases, criminal charges would not be appropriate. But when an officer willfully disregards the safety of a citizen he is sworn to protect, he violates the trust placed in him by virtue of his badge. Today’s indictment reinforces that we will hold officers who commit civil rights violations accountable.”
“Law enforcement officers take an oath to serve and protect our communities, and should be held to the highest standards,” said David Sundberg, Assistant Director in Charge the FBI Washington Field Office. “This investigation demonstrates the FBI’s unyielding commitment to pursuing justice for those whose fundamental rights have been breached.”
This case was investigated by the FBI’s Washington Field Office and is being prosecuted by the Fraud, Public Corruption, and Civil Rights Section of the U.S. Attorney’s Office for the District of Columbia.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Laredo man admits to repeatedly abusing minor relative to produce child pornographyRead the Press Release
LAREDO, Texas – A 26-year-old Laredo resident has pleaded guilty to sexual exploitation of a child and possession of child pornography, announced U.S. Attorney Alamdar S. Hamdani.
The investigation began when authorities learned an IP address associated with Aaron Negrete had uploaded child pornography online.
On Oct. 12, 2022, law enforcement executed a search warrant at his home. At that time, they found and seized several electronic devices which contained child pornography and took Negrete into custody.
He ultimately admitted to downloading an application he used to search for child pornography such as baby and toddler abuse. He also sexually abused a minor relative. He recorded himself doing so and shared the recordings and photographs online.
The investigation revealed the minor visited Negrete and stayed at his residence in Laredo. The victim claimed that on more than 50 instances Negrete forced him to rub his genitals and took naked pictures of him, among other things. The minor was told to keep it a secret to prevent “something bad” from happening.
U.S. District Judge Diana Saldaña will impose sentencing at a later date. At that time, Negrete faces a mandatory minimum of 15 and up to 30 years in federal prison.
Negrete has been and will remain in custody pending that hearing.
Homeland Security Investigations conducted the investigation with the assistance of the Laredo Police Department.
Assistant U.S. Attorney Michael Makens is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.
Kanawha County Man Pleads Guilty to Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Billy Eggleston, 50, of St. Albans, pleaded guilty today to production of child pornography.
According to court documents and statements made in court, on March 26, 2020, Eggleston induced a prepubescent minor child to engage in sexually explicit conduct for the purpose of photographing such conduct. Eggleston admitted to using his cell phone to take a series of 24 photos of him engaged in sexually explicit conduct with the minor. The sexually explicit photos were taken by Eggleston in his bedroom.
Eggleston transferred the images to his desktop computer. Eggleston admitted to possessing nearly 5,000 videos and images of child pornography on his desktop computer and a memory card on October 21, 2022. Eggleston further admitted that one of these images was of an adult male sexually assaulting a minor female between four and seven years old, and another image was of a minor female between two and four years old subjected to sexually explicit conduct by an adult male.
Eggleston is scheduled to be sentenced on August 3, 2023, and faces a mandatory minimum of 15 years and up to 30 years in prison, five years and up to a lifetime of supervised release, and a $250,000 fine. Eggleston must also register as a sex offender.
United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Department of Homeland Security, Homeland Security Investigations (HSI), the West Virginia State Police and the St. Albans Police Department, and the assistance provided by the Charleston Area Medical Center (CAMC) Children’s Advocacy Center.
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Julie White is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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 copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-3.
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Justice Department Sues to Block JetBlue’s Proposed Acquisition of SpiritRead the Press Release
The Justice Department, together with Attorneys General of the Commonwealth of Massachusetts, the State of New York, and the District of Columbia, filed a civil antitrust lawsuit today to block JetBlue Airways Corporation’s (JetBlue) proposed $3.8 billion acquisition of its largest and fastest-growing ultra-low-cost rival, Spirit Airlines, Inc. (Spirit). JetBlue and Spirit compete fiercely today on hundreds of routes serving millions of travelers. By eliminating that competition and further consolidating the United States airlines industry, the proposed transaction will increase fares and reduce choice on routes across the country, raising costs for the flying public and harming cost-conscious fliers most acutely.
The complaint, filed in the District of Massachusetts, alleges that Spirit’s low-cost, no-frills flying option has brought lower fares and more options to routes across the country, making it possible for more Americans – particularly price sensitive consumers who pay their own fares – to travel. JetBlue’s acquisition of Spirit would eliminate the “Spirit Effect,” where Spirit’s presence in a market forces other air carriers, including JetBlue, to lower their fares. The deal also would eliminate half of the ultra-low-cost capacity in the United States. This will lead to higher fares and fewer seats, harming millions of consumers on hundreds of routes.
“As our complaint alleges, the merger of JetBlue and Spirit would result in higher fares and fewer choices for tens of millions of travelers, with the greatest impact felt by those who rely on what are known as ultra-low-cost carriers in order to fly,” said Attorney General Merrick B. Garland. “Companies in every industry should understand by now that this Justice Department will not hesitate to enforce our antitrust laws and protect American consumers.”
“Our complaint alleges that JetBlue’s acquisition of Spirit would particularly hurt cost-conscious travelers,” said Associate Attorney General Vanita Gupta. “Ultra-low-cost carriers make air travel possible so more Americans can take a much-needed family vacation or celebrate or mourn together with loved ones. We allege that the proposed merger would lead to fewer seats and higher prices for travelers.”
“JetBlue’s proposed acquisition of Spirit eliminates a disruptive, low-cost option for millions of Americans. Whether they fly Spirit or not, travelers throughout the United States benefit from an independent Spirit because where Spirit competes, other airlines – including JetBlue – are forced to compete more vigorously by lowering fares, offering greater innovations, and delivering more consumer choice,” said Principal Deputy Assistant Attorney General Doha Mekki of the Justice Department's Antitrust Division. “This transaction occurs against the backdrop of years of airline consolidation in the United States.”
The complaint, which seeks to block the acquisition under Section 7 of the Clayton Act, alleges Spirit has been a particularly disruptive force, growing rapidly, introducing innovative products, and allowing customers to choose which services to purchase, all while charging customers very low fares. Spirit has forced larger airlines, particularly the already-low-cost JetBlue, to compete for customers by introducing unbundled, customizable ticket options and lowering their own fares, allowing more Americans to travel. If the acquisition is allowed to proceed, prices would increase on routes where the two airlines currently compete. This is particularly the case on the over 40 direct routes where the two companies’ combined market shares are so high that the deal is presumptively anticompetitive.
As further alleged in the complaint, in the last 10 years, Spirit has doubled its network in size and, before this deal, expected to continue expanding at a quick pace. The acquisition stops this future competition before it starts.
The acquisition would also make it easier for the remaining airlines to coordinate to charge travelers higher fares or limit capacity. JetBlue has already partnered with American Airlines, the largest airline in the world, through the Northeast Alliance, which the Department sued to block. Now, JetBlue is doubling down on consolidation, seeking to acquire and eliminate its main ultra-low-cost competitor, depriving travelers of yet another choice.
If allowed to eliminate the Spirit option, JetBlue would likely increase prices on every route where Spirit flies today. As a result, travelers who previously preferred Spirit’s lower-price, no-frills service would either have to pay more for amenities they do not want, or may no longer be able to afford to travel at all.
JetBlue is a Delaware corporation headquartered in Long Island City, New York. In 2022, it flew over 39 million passengers to approximately 107 destinations around the world, earning about $9.1 billion in revenue.
Spirit is a Delaware corporation headquartered in Miramar, Florida. In 2022, it flew over 38 million passengers to approximately 92 destinations in the Americas, earning about $5 billion in revenue.
Jury Convicts Pennsylvania Man for Dealing Fentanyl Analogue that Caused Fatal Overdoses in OregonRead the Press Release
PORTLAND, Ore.—A federal jury in Portland found a Pennsylvania man guilty today for distributing a fentanyl analogue on AlphaBay, a former darknet marketplace, that caused the overdoses of three people in Oregon, two of whom died.
Henry Konah Koffie, 37, of Darby, Pennsylvania, was found guilty on two counts of distribution of a controlled substance resulting in death, one count of distribution of a controlled substance resulting in serious bodily injury, and five counts of distribution of a controlled substance.
“Henry Koffie sold illicit fentanyl analogues on the darknet, exploiting profits while risking the lives of many Americans addicted to dangerous opioids. Today, fentanyl can be purchased for less than a few dollars in many American cities. The mass availability of fentanyl in our country is staggering and represents a profound public safety and health threat,” said Steven T. Mygrant, Chief of the Narcotics and Criminal Enterprises Unit of the United States Attorney’s Office for the District of Oregon. “We in law enforcement will continue doing our part to hold fentanyl dealers like Henry Koffie accountable, but we implore all community members to be vigilant in protecting themselves and their loved ones. If you possess pills not dispensed by a licensed pharmacist, assume they are fake and contain a deadly dose of fentanyl.”
“Today’s conviction of Henry Koffie for distributing fentanyl on AlphaBay resulting in the overdoses of three people, two of whom died, serves as a reminder of the grave danger posed by the illegal distribution of synthetic opioids,” said Special Agent in Charge Robert Hammer, who oversees Homeland Security Investigations (HSI) operations in the Pacific Northwest. “Using the darknet does not provide anonymity. HSI special agents are highly skilled in conducting investigations that involve darknet markets, cryptocurrency transactions, and other illicit online activities. HSI will continue to work with our law enforcement partners to investigate and bring to justice those who contribute to the opioid epidemic that has devastated communities across America.”
“The conviction of Henry Koffie was possible due to the excellent relationships between federal and local law enforcement in Portland. The United States Postal Inspection Service values our partnerships with the Portland Police Bureau, Homeland Security Investigations, and United States Attorney’s Office which led to the conviction of this purveyor of death on a national scale. Koffie’s reckless lack of regard for the lives of others is reprehensible and ends here. We hope this verdict allows the victims and their families to start the healing process,” said Tony Galetti, Inspector in Charge of the United States Postal Inspection Service (USPIS), Seattle Division.
“To see the senseless loss of life through overdoses caused by dangerous and illegal drugs is heartbreaking for families and our community,” said Assistant Chief Art Nakamura of the Portland Police Bureau (PPB). “We hope this verdict is the first step in healing for the families involved. This is a great example of the impact law enforcement can have when they join efforts to combat illegal drugs that are inflicting harm on our communities. Thank you to the Narcotics and Organized Crime Unit and our partners, including Homeland Security Investigations, the FBI, Philadelphia Police Department, Pennsylvania State Police, United States Postal Inspection Service, Multnomah County District Attorney’s Office, and United States Attorney’s Office who worked together to bring justice to the victims and their families.”
According to court documents, in just over a year, three Portland residents overdosed on furanyl fentanyl supplied by Koffie, a darknet narcotics vendor known as DNMKingpin and later Narcoboss on AlphaBay. The first victim was a 19-year-old student at Portland State University who, on May 2, 2016, overdosed 30 minutes after ingesting powdered furanyl fentanyl. Paramedics administered Naloxone and breathing assistance to the student, saving her life. Investigators interviewed the student’s source who said he supplied the student with the powdered furanyl fentanyl he purchased from DNMKingpin on AlphaBay.
One year later, on May 6, 2017, Portland Police Bureau (PPB) officers responded to a fatal overdose of a 27-year-old in southeast Portland. The victim’s roommates told the officers that the victim had ordered fentanyl from Narcoboss on AlphaBay who had advertised the furanyl fentanyl as “China White.” One roommate further told officers that he and the victim had ordered a gram of fentanyl from Narcoboss for $40 and that it had arrived in a USPS priority mail envelope shipped from Philadelphia.
Three weeks later, on May 29, 2017, PPB officers responded to a fatal overdose of another 27-year-old who had resided in northeast Portland. Officers located a small vial of furanyl fentanyl in the victim’s residence as well as a notebook containing information on accessing AlphaBay and a Bitcoin wallet. They further located an envelope in the victim’s trash can with a return address in Philadelphia.
Between May 25 and June 21, 2017, investigators conducted five controlled buys of powdered fentanyl from Narcoboss. All five orders were fulfilled from addresses in and around Philadelphia. Around the same time, investigators in Wisconsin and Pennsylvania located and identified Koffie’s fingerprints on packages of furanyl fentanyl resembling those shipped to law enforcement in Portland that were purchased from AlphaBay via Narcoboss.
Further investigation revealed that between April 6, 2016, and May 23, 2017, Koffie received 14 packages of furanyl fentanyl totaling approximately seven kilograms from distributors in China and Hong Kong. In May and June of 2017, two additional packages shipped to Koffie containing another half kilogram of furanyl fentanyl were intercepted by United States Customs and Border Protection (CBP). It was later determined that Koffie used an online postage company called Stampnik to purchase more than 5,700 postage labels he used to ship furanyl fentanyl throughout the United States, including the labels affixed to parcels seized in Oregon, Wisconsin, and Pennsylvania.
On July 12, 2017, Koffie was charged by criminal complaint in the District of Oregon with distribution of a controlled substance resulting in serious bodily injury or death. Later, on April 21, 2021, he was charged by superseding indictment with conspiracy to distribute a controlled substance, distribution of a controlled substance resulting in serious bodily injury, distribution of a controlled substance resulting in death, and distribution of a controlled substance. The conspiracy charge was dismissed before trial.
Koffie faces a maximum sentence of life in prison, a $10 million fine and three years’ supervised release. He will be sentenced on May 30, 2023, before United States District Court Judge Michael W. Mosman.
Koffie is under federal indictment in two other judicial districts. On August 1, 2017, a federal grand jury in the Western District of Pennsylvania returned an indictment charging Koffie with four counts of distributing a controlled substance. On September 20, 2017, a federal grand jury in the Eastern District of Pennsylvania returned a two-count indictment charging Koffie with distributing a controlled substance and distributing a controlled substance within 1,000 feet of a playground. Both cases are pending.
This case was investigated by HSI, USPIS, and PPB with assistance from the FBI, Oregon-Idaho High Intensity Drug Trafficking Area (HIDTA) task force, CBP, Philadelphia Police Department, and Pennsylvania State Police. It was prosecuted by Scott M. Kerin, Parakram Singh, and Andrew T. Ho, Assistant United States Attorneys for the District of Oregon.
On July 20, 2017, the Justice Department, in partnership with the FBI, United States Drug Enforcement Administration (DEA), HSI and IRS-Criminal Investigation (IRS-CI), seized and shut down AlphaBay, which, at the time, was the largest criminal marketplace online. At the time of its seizure, AlphaBay had operated for over two years on the darknet and was used to sell illegal drugs, stolen and fraudulent identification documents and access devices, counterfeit goods, malware and other hacking tools, firearms, and toxic chemicals throughout the world.
If you or someone you know suffers from addiction, please call the Lines for Life substance abuse helpline at 1-800-923-4357 or visit www.linesforlife.org. Phone support is available 24 hours a day, seven days a week. You can also text “RecoveryNow” to 839863 between 8am and 11pm Pacific Time daily.
Inmate Sentenced to Five Months in Prison for Possessing Prohibited ObjectsRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dewey Sims, age 34, an inmate at FCI-Schuylkill, was sentenced on March 3, 2023, to five months’ imprisonment by United States District Court Judge Robert D. Mariani for possessing prohibited objects.
According to United States Attorney Gerard M. Karam, Sims previously pleaded guilty to possessing quantities of oxycodone hydrochloride, a Schedule II controlled substance, and suboxone, a Schedule III controlled substance. Both items are prohibited objects for federal inmates. The sentence will run consecutive to the sentence Sims is currently serving.
The matter was investigated by the Federal Bureau of Prisons. Assistant United States Attorney James Buchanan prosecuted the case.
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Illinois Man Sentenced to 5 Years for Trafficking MethamphetamineRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Martell Mitchum, 36, Chicago, Illinois was sentenced today by U.S. District Judge William M. Conley to 5 years in federal prison for possessing over 50 grams of methamphetamine with the intent to distribute. The prison term will be followed by 4 years of supervised release. Mitchum pleaded guilty to this charge on November 22, 2022.
On June 30, 2020, a Wisconsin State Patrol trooper located a vehicle that had crashed in a construction zone on Interstate 39/90 in Madison, Wisconsin. Mitchum was identified as the driver and sole occupant of the vehicle. A trooper searched the vehicle after smelling marijuana coming from Mitchum and from inside the vehicle. The trooper found a loaded Glock 43X handgun, a bag of methamphetamine, and multiple baggies of marijuana in a safe on the front passenger seat; a loaded magazine on the steering column; body armor on the front passenger floorboard; and additional bags of methamphetamine and marijuana, digital scales, and three cases of 9mm ammunition were located elsewhere in the car. In total, 106 grams of methamphetamine and almost 5 pounds of marijuana were seized. Subsequent laboratory testing determined that Mitchum had marijuana in his system at the time of his arrest.
At sentencing, Judge Conley highlighted the dangerous nature of Mitchum’s conduct, which involved possessing a loaded firearm, body armor, and a large quantity of drugs all while driving under the influence of marijuana.
The charge against Mitchum was the result of an investigation conducted by the Wisconsin State Patrol. Assistant U.S. Attorney Steven P. Anderson prosecuted this case.
Illegal gambling business operator heads to prison for plotting military equipment theftRead the Press Release
CORPUS CHRISTI, Texas – A 46-year-old Corpus Christi resident has been sent to prison following his convictions of conducting an illegal gambling business and conspiring to steal government property, announced U.S. Attorney Alamdar S. Hamdani.
Nathan Nichols pleaded guilty March 21, 2022.
Today, U.S. District Judge Nelva Gonzales Ramos ordered Nichols to serve 27 months in federal prison to be immediately followed by two years of supervised release. In handing down the sentence, the court noted the dangers and potential damage that could be caused to the United States military. In addition, Nichols was order to pay over $1 million in restitution.
Nichols admitted that from March 2018 to August 2019, he operated illegal gambling businesses in Corpus Christi. He also pleaded guilty to conspiring to steal sensitive government property from the U.S. Army installation at Ft. Hood in June 2021.
Nichols was the co-owner of Theo's Bar and owner/operator of Lady Luck, both facilities containing illegal gaming devices. The establishments contained sweepstakes games which people play by using computers and monitors rather than casino-style equipment. The games are software-based and function as traditional slot-machine games or “8-liners.” However, the action of the slot-machine reels are simulated on a computer screen rather than on mechanical reels. Those playing the machines place bets before each spin and receive winnings in cash.
In a separate case, Nichols also admitted he conspired with others to steal sensitive U.S. Army property valued at $2,176,000. He had been in contact with one of the persons responsible for the theft and requested pictures of the property before agreeing to buy it for resale. Once he obtained the items, Nichols subsequently listed them for sale on eBay.
Authorities executed a search warrant at Nichols’ residence in July 2021. At that time, they discovered sensitive military equipment including laser range finders, thermal scopes, night vision scopes, night vision goggles and laser aiming devices. All of the property belonged to the U.S. Army.
As part of his guilty pleas, Nichols agreed to forfeit a total of $2,185,218.73 as proceeds from his illegal activity.
Nichols will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation with the assistance of the Corpus Christi Police Department on the gambling case. Homeland Security Investigations conducted the stolen property investigation with the assistance of the U.S. Army Criminal Investigation Division.
Assistant U.S. Attorneys (AUSA) Joel Dunn and Christopher Marin prosecuted the cases with the assistance of Asset Forfeiture AUSA Yifei Zheng.
Huntington Man Pleads Guilty to Fentanyl CrimeRead the Press Release
HUNTINGTON, W.Va. – Zachary Scott Whitmore, 32, of Huntington, pleaded guilty today to distribution of fentanyl.
According to court documents and statements made in court, on October 19, 2022, Whitmore sold 7 grams of suspected heroin to a confidential informant near 25th Street in Huntington for $700. Whitmore also admitted to arranging the sale of 7 grams of suspected heroin to a confidential informant at a 9th Avenue residence in Huntington on October 24, 2022.
The Drug Enforcement Administration (DEA) Mid-Atlantic Laboratory confirmed the controlled substances from both transactions was fentanyl.
Whitmore is scheduled to be sentenced on June 21, 2023, and faces a maximum penalty of 20 years in prison, three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA).
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie S. Taylor is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-1.
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Human Smuggler Involved in Hwy 90 Rollover Sentenced to 41 Months in PrisonRead the Press Release
DEL RIO, Texas – A Perryton man was sentenced today in Federal court in Del Rio to 41 months in prison for one count of conspiracy to transport illegal aliens resulting in serious bodily injury or placing lives in jeopardy.
According to court documents, Caleb Hernandez, 21, led a U.S. Border Patrol (USBP) agent and Kinney County Sheriff’s Office (KCSO) deputies on a high-speed chase on Highway 90 near Brackettville, allowing multiple suspected undocumented individuals out of the vehicle at various locations. At one point during the pursuit, Hernandez drove into opposite lanes of traffic and onto the shoulder. He eventually lost control of the vehicle, rolling over and landing upside down. Hernandez and four undocumented noncitizens were removed from the vehicle.
Hernandez has remained in custody since March 13, 2021. He pleaded guilty on July 19, 2021. In addition to his prison term, Hernandez was ordered to serve three years of supervised release following his incarceration. He was also ordered to pay a $3,000 fine.
“This defendant put untold lives at risk by evading law enforcement the way he did,” said U.S. Attorney Jaime Esparza of the Western District of Texas. “Offenders who illegally smuggle undocumented individuals into the U.S. and across this district must never doubt that they will be caught, and that our justice system will see that they are prosecuted.”
“Human smugglers have no respect for human life, as demonstrated by this defendant,” said Special Agent in Charge Craig Larrabee of the Western District of Texas. “Those responsible for illegally moving people into and through our country place their personal profit above everything else. They are driven by greed with little regard for the health and well-being of their passengers. HSI is committed to investigating smugglers and holding them accountable for their actions.”
HSI, USBP and the KCSO investigated the case.
Assistant U.S. Attorney Rex Beasley prosecuted the case.
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Hawaii Man Indicted for Traveling to Oregon to Sexually Abuse Two Children, Sharing Video Recordings of the Abuse OnlineRead the Press Release
PORTLAND, Ore.—A federal grand jury in Portland returned an indictment today charging a Hawaii man with sexually abusing two children and sharing video recordings of the abuse with others online.
Benjamin Victor Houghton, 27, of Captain Cook, Hawaii, has been charged with three counts of using a minor to produce a visual depiction of sexually explicit conduct and two counts of aggravated sexual abuse.
According to the indictment, Houghton is accused of sexually abusing two children under the age of 12 on three separate occasions, video recording the abuse, and sharing videos of the abuse online. On two of the three occasions, Houghton is also alleged to have knowingly crossed state lines, into Oregon, for the purpose of abusing the children.
On February 24, 2023, Houghton was arrested in the District of Hawaii and made his first appearance in federal court in Honolulu. He was ordered detained pending transfer to the District of Oregon.
Using a minor to produce a visual depiction of sexually explicit conduct is punishable by up to 30 years in federal prison with a 15-year mandatory minimum sentence. Aggravated sexual abuse is punishable by up to life in federal prison with a 30-year mandatory minimum sentence.
This case was investigated jointly by the FBI Portland and Honolulu Field Offices and Homeland Security Investigations (HSI) in Portland. It is being prosecuted by William M. McLaren, Assistant United States Attorney for the District of Oregon.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Anyone who has information about the physical or online exploitation of children are encouraged to call the FBI at 1-800-CALL-FBI (1-800-225-5324) or submit a tip online at tips.fbi.gov.
The FBI CETF conducts sexual exploitation investigations, many of them undercover, in coordination with federal, state and local law enforcement agencies. CETF is committed to locating and arresting those who prey on children as well as recovering and assisting victims of sex trafficking and child exploitation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Justice Department to combat the growing epidemic of child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Guatemalan Man Pleads Guilty to Unlawfully Transporting AliensRead the Press Release
SYRACUSE, NEW YORK – Luis Guajaca, age 36, and a citizen of Guatemala, pled guilty today to unlawfully transporting two Mexican citizens.
United States Attorney Carla B. Freedman and Chief Patrol Agent Robert N. Garcia, United States Border Patrol, Swanton Sector, made the announcement.
Guajaca admitted that between February 6 and February 7, 2023, he drove from Illinois to near Ellenburg, New York, picked up two Mexican citizens who had recently illegally crossed the international border from Canada into the United States, and transported the two aliens before the vehicle was stopped. Guajaca admitted that he planned to drive the two Mexican citizens to Illinois, and expected to be paid for transporting them.
Sentencing is scheduled for July 7, 2023, before Chief United States District Judge Brenda K. Sannes. Guajaca faces up to 10 years in prison, a 3-year term of post-release supervision, and a fine up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
United States Border Patrol investigated this case, and Assistant U.S. Attorney Alexander Wentworth-Ping is prosecuting the case.
Former Penn Hill Man Charged with Child Sexual Exploitation ChargesRead the Press Release
PITTSBURGH – A former resident of Penn Hills, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of Coercion and Enticement of a Minor to Engage in Illegal Sexual Activity, Production of Material Depicting the Sexual Exploitation of a Minor, and Distribution of Material Depicting the Sexual Exploitation of a Minor, Acting United States Attorney Troy Rivetti announced today.
The seven-count Superseding Indictment, returned on March 7, 2023, named Kaung Myat Kyaw, age 23, as the sole defendant.
According to the Superseding Indictment, during various periods between August 9, 2020 and September 2021, Kyaw enticed and coerced five minor victims, using the Internet and a cellular telephone service, to engage in sexual activity for which he could be charged with a criminal offense. Additionally, Kyaw is charged from the end of April 2021 through September 2021, with producing and attempting to produce material depicting the sexual exploitation of a minor, and then on September 22, 2021, with distributing the material to another individual in Texas.
The law provides for a maximum total sentence of not less than 15 years in prison and up to life, a fine of $1,500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. Kyaw was arrested on November 18, 2021, by agents of the Federal Bureau of Investigation and was detained pending trial.
Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Fairfax County, Virginia Police Department, the Wright County, Minnesota Sheriff’s Office, and other local police departments conducted the investigation leading to the Superseding Indictment in this case.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Pain Management Doctor Sentenced for Health Care FraudRead the Press Release
PITTSBURGH - A former physician was sentenced in federal court today following his conviction for health care fraud, Acting United States Attorney Troy Rivetti announced today.
United States District Judge W. Scott Hardy sentenced John Keun Sang Lee, age 80, to five years of probation. Lee also was ordered to pay restitution totaling $417,960.51 to Medicare and Medicaid, as well as a fine of $50,000. Lee already had forfeited his Drug Enforcement Administration number and Pennsylvania state license to practice medicine prior to the sentencing hearing.
According to information presented to the court, between in and around May 2016 to in and around October 2020, Lee, a physician who owned a pain management practice, Jefferson Pain and Rehabilitation Center, knowingly and willfully submitted claims for steroid injections to Medicare and Medicaid that were neither reasonable nor medically necessary. According to former patients and employees, Lee required patients to submit to steroid injections, even when patients reported that the injections were not helping but rather causing them more pain and other injuries. Lee also instructed employees to withhold patient medication if patients objected to the injections. In order to justify billing insurance companies for the medically unnecessary injections, Lee directed staff to use templates indicating that patients received 80% relief from prior pain injections.
Assistant United States Attorney Karen Gal-Or prosecuted this case on behalf of the government.
The investigation leading to the filing of charges in this case was conducted by the Western Pennsylvania Opioid Fraud and Abuse Detection Unit (OFADU). The Western Pennsylvania OFADU, led by federal prosecutors in the U.S. Attorney’s Office, combines the expertise and resources of federal and state law enforcement to address the role played by unethical medical professionals in the opioid epidemic.
The agencies which comprise the Western Pennsylvania OFADU include: Federal Bureau of Investigation, U.S. Health and Human Services – Office of Inspector General, Drug Enforcement Administration, Internal Revenue Service-Criminal Investigation, Pennsylvania Office of Attorney General - Medicaid Fraud Control Unit, Pennsylvania Office of Attorney General – Bureau of Narcotic Investigations, United States Postal Inspection Service, U.S. Attorney’s Office – Criminal Division, Civil Division and Asset Forfeiture Unit, Department of Veterans Affairs-Office of Inspector General, Food and Drug Administration-Office of Criminal Investigations, U.S. Office of Personnel Management – Office of Inspector General and the Pennsylvania Bureau of Licensing.
Former Massachusetts Resident Admits to Methamphetamine Trafficking in Rhode IslandRead the Press Release
PROVIDENCE – A former Pepperell, MA, man arrested during an FBI Safe Streets Task Force drug trafficking investigation that led to the seizure of more than 461 grams of pure crystal methamphetamine pleaded guilty in federal court in Providence today to conspiracy and drug trafficking charges, announced United States Attorney Zachary A. Cunha.
According to information presented to the court, Peter Walkovich, 38, was arrested on May 22, 2022, shortly after he drove away from a Cranston residence in a vehicle that was found to contain three backpacks and various other packaging materials that held a total of 461.23 grams of 100% pure methamphetamine. The residence was under surveillance by FBI Safe Streets Task Force agents at the time. Also seized was a total of $21,711 in cash.
Walkovich pleaded guilty as charged by way of indictment to conspiracy to distribute and possess with intent to distribute methamphetamine, and to a charge of possession with intent to distribute methamphetamine. Walkovich is scheduled to be sentenced on June 15, 2023. The defendant’s sentence will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
A co-defendant in this matter, Charles Bersch, 38, of Providence, RI, is awaiting trial on similar charges. A federal indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The cases are being prosecuted by Assistant United States Attorney Paul F. Daly, Jr.
United States Attorney Cunha thanks the Cranston and Central Falls Police Departments and the DEA for their assistance in the investigation of this matter.
The FBI Safe Streets Task Force consists of agents and law enforcement officers from the FBI, Rhode Island State Police, the Providence, Cranston, Woonsocket, Pawtucket, West Warwick, and Central Falls Police Departments, and the U.S. Marshals Service.
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Federal Inmate Who Trafficked Cocaine While Incarcerated Sentenced to 5 More YearsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that REINALDO COLON OLIVERAS, also known as “Chucho,” 38, formerly of Kissimmee, Florida, was sentenced yesterday by U.S. District Judge Janet C. Hall in New Haven to 78 months of imprisonment, followed by eight years of supervised release for arranging cocaine shipments to Connecticut while incarcerated in federal custody.
According to court documents and statements made in court, this matter stems from an investigation led by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force of a drug trafficking network led by Landdy Rodriguez of Waterbury. In the summer of 2021, investigators intercepted phone calls during which Colon, while incarcerated in a federal prison in Atlanta and using a smuggled cell phone, arranged the shipment of cocaine to both Rodriguez and Thomas Marra of Ansonia. Rodriguez and Marra further distributed the drug to a networks of associates.
In 2015, Colon was sentenced in the District of Puerto Rico to 168 months of imprisonment for narcotics conspiracy, firearm possession and money laundering offenses related to his role as an enforcer for a drug trafficking organization that operated in Puerto Rico and Florida. Judge Hall ordered 60 months of the 78-month sentence to run consecutively to Colon’s prior sentence, which was scheduled to conclude in 2027.
On November 2, 2021, a grand jury in New Haven returned an indictment charging Colon, Rodriguez, Marra and others with conspiracy to distribute and to possess with intent to distribute cocaine. Colon pleaded guilty to the charge on December 1, 2022.
Rodriguez and Marra have pleaded guilty and await sentencing.
This investigation has been conducted by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force, with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Federal Bureau of Investigation, the Connecticut State Police and the Waterbury Police Department. The Task Force includes personnel from the DEA Bridgeport Resident Office, the Connecticut State Police, and the Bridgeport, Danbury, Milford, Norwalk, Stamford and Stratford Police Departments.
This case is being prosecuted by Assistant U.S. Attorneys Kenneth L. Gresham, John T. Pierpont, Jr., and Brendan J. Keefe through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Fayetteville Man Pleads Guilty to Possession of FirearmRead the Press Release
WINSTON SALEM – A North Carolina man pled guilty today to a felony firearm offense after fleeing a traffic stop in January, announced Sandra J. Hairston, U.S. Attorney for the Middle District of North Carolina.
According to court documents, William Lawrence Bethea, Jr., 26, was charged with felony possession of a firearm after a detective with the Hoke County Sheriff’s Office attempted a traffic stop in January, 2023, and Bethea fled the vehicle. At the time, Bethea was well known to detectives. In his attempt to flee, he discarded a firearm which was then collected by the pursuing detective. Bethea was arrested a few days later on a federal warrant where he mentioned to authorities that they must have known he was in possession of a firearm at the time.
At the time of the incident, Bethea had been convicted in the Superior Court of Cumberland County of felony common law robbery and was sentenced to a term of imprisonment exceeding one year. Therefore, he was prohibited from possessing a firearm.
Sentencing is scheduled to take place on August 16, 2023, at 2:00 pm in Winston Salem Courtroom Number Four before the Honorable Loretta C. Biggs. At sentencing, Bethea faces a maximum sentence of 10 years in prison, a period of supervised release of up to three years, and monetary penalties.
Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Hoke County Sheriff's Office, Raeford Police Department, North Carolina State Highway Patrol, North Carolina State Bureau of Investigation and Hoke County Emergency Management investigated the case. The case is being prosecuted by Special Assistant U.S. Attorney Mary Ann Courtney.
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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Emsworth Man Sentenced to 10 Years for Attempted Enticement of a Minor for SexRead the Press Release
PITTSBURGH, PA - A resident of Emsworth, Pennsylvania, has been sentenced in federal court to 120 months in prison followed by five years of supervision on his conviction of Attempted Coercion and Enticement of a Minor to Engage in Illegal Sexual Activity, Acting United States Attorney Troy Rivetti announced today.
United States District Judge J. Nicholas Ranjan imposed the sentence on Thomas Kastory, 32.
According to information presented at the change of plea hearing and in the criminal complaint and indictment, from on or about April 12, 2022, and continuing thereafter until on or about May 29, 2022, Kastory used a facility and means of interstate commerce, specifically the Internet and a cellular telephone network, to knowingly attempt to persuade, induce, entice or coerce an individual who had not attained the age of 18 years to engage in sexual activity.
Specifically, after chatting with an undercover agent posing as a 14-year-old child for more than a month over his cell phone and the internet in an effort to entice the purported child to have sex, Thomas Kastory boarded a bus on May 29, 2022, to travel to meet the child where he expected to return to the child’s residence to engage in unlawful sexual activity. Kastory, believing that the child’s parent was out of town and that the child would be alone, brought condoms, lubricant, and a sex toy with him for his anticipated sexual encounter with the child.
Assistant United States Attorney Benjamin J. Risacher prosecuted this case on behalf of the government. The Federal Bureau of Investigation conducted the investigation leading to the criminal conviction in this case.
East St. Louis Man Accused of Selling Machine Guns, Fentanyl in St. LouisRead the Press Release
ST. LOUIS – A man from East St. Louis, Illinois was arrested Tuesday after having been indicted on machine gun and drug charges.
Anton Bolden, 28, was indicted in U.S. District Court in St. Louis on March 1 and appeared in court Tuesday. He is facing four felonies: possession of a machine gun, possession with the intent to distribute a mixture or substance containing a detectable amount of fentanyl, possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm as a previously convicted felon.
The indictment accuses Bolden of possessing and transferring a machine gun on February 3, the same day he’s accused of the drug and gun crimes.
A motion seeking to have Bolden held in jail until trial says the Bureau of Alcohol, Tobacco, Firearms and Explosives learned in January that Bolden was selling Glock pistols that had been modified to be fully automatic via an aftermarket conversion device, also known as a “Glock switch.” An undercover ATF special agent bought a switch-equipped Glock in St. Louis for $1,400, as well as more than five grams of fentanyl.
In court Tuesday, Assistant U.S. Attorney Matthew Martin said 12 firearms were found after Bolden’s arrest, including eight Glock pistols. One of the pistols was equipped with a switch, and three other switches were found that were not installed, Martin said. Glock switches are considered machine guns under federal law, even if not installed in 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 Bureau of Alcohol, Tobacco, Firearms and Explosives, the St. Louis Police Department and the U.S. Marshals Service. Assistant U.S. Attorney Matthew Martin is prosecuting the case.
East Moline Man Sentenced to 310 Days in Prison for Willful Failure to File Income Tax ReturnsRead the Press Release
PEORIA, Ill. – An East Moline, Illinois man, Charles Stoutt, 39, of the 4000 block of 9 ½ Street, was sentenced on March 7, 2023, to 310 days in prison, to be followed by a 1-year term of supervised release, for willful failure to file income tax returns. He was also ordered to pay $181,033 in restitution to the Internal Revenue Service.
During the sentencing hearing, United States Magistrate Judge Jonathan E. Hawley considered evidence that Stoutt owned his own furniture delivery business, and that the business generated substantial income from 2016 through 2020. Despite earning income well above the minimum amount requiring that a tax return be filed, Stoutt failed to file tax returns for the tax years 2016 through 2020. As a result, Stoutt failed to pay approximately $181,033 in taxes owed to the United States.
While imposing the sentence, Judge Hawley emphasized the “significant” tax loss to the government, the importance of taxpayers fulfilling their obligation to file a tax return and pay their taxes, and the need to punish those individuals, like the defendant, who willfully fail to comply with their obligations.
“We all suffer the consequences of those who choose to evade their tax obligation.” said U.S. Attorney Gregory K. Harris. “The Department of Justice will continue to seek out and prosecute those individuals who cheat, not only the government, but also honest members of our society.”
“Each U.S. citizen has the responsibility to comply with federal tax laws and file accurate and timely tax returns,” said Special Agent in Charge Thomas F. Murdock of IRS Criminal Investigation’s St. Louis Field Office. “People who intentionally fail to file those returns are subject to prosecution and must face the appropriate penalties.”
The Internal Revenue Service Criminal Investigation investigated the case. Assistant U.S. Attorney John Mehochko represented the government in the prosecution.
District Man Found Guilty of Charges for Shooting a Man in Northeast WashingtonRead the Press Release
WASHINGTON – Stefen Farmer, 52, of Washington, D.C., has been found guilty by a jury of the February 2021 shooting of a man on a sidewalk in Northeast Washington D.C., announced U.S. Attorney Matthew M. Graves and Robert J. Contee III, Chief of the Metropolitan Police Department. The verdict was returned today. The Honorable Anthony Epstein scheduled sentencing for June 9, 2023.
Farmer, 52, was found guilty following a two-week trial in the Superior Court of the District of Columbia, of aggravated assault while armed, assault with a dangerous weapon, assault with significant bodily injury, three counts of possession of a firearm during a crime of violence, unlawful possession of a firearm, carrying a pistol without a license, and lesser included firearms offenses.
According to the government’s evidence, on February 25, 2021, the Defendant was sitting in the driver’s seat of a small black SUV parked on the 4400 block of Gault Place, around 6 pm. The victim, a longtime friend of the Defendant’s, walked up to the Defendant’s window and started a conversation. The Defendant repeatedly asked the victim for $2 and the victim said no. The Defendant, upset at the victim’s response, retrieved a gun, stepped out of the car, and shot at the victim from pointblank range three times, as the victim was walking away. Two bullets hit the victim while he was trying to escape the gunfire and he sustained injuries to his hand and leg. The Defendant only stopped shooting because a mutual friend of both men pushed the Defendant back while he was firing the gun. Three days after the shooting, Defendant sent the victim a Facebook message apologizing “for the inconvenience.”
This case was investigated by the Metropolitan Police Department. It was prosecuted and tried by Assistant U.S. Attorneys Alec Levy and Omeed Assefi of the Major Crimes Unit of the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by Assistant U.S. Attorney Kathleen Kern, Paralegal Specialist Antoinette Sakamsa, and Litigation Technology Specialist Lief Hickling.
Dental office employees charged with COVID unemployment fraudRead the Press Release
MORGANTOWN, WEST VIRGINIA – Two people from the same Morgantown dental office have been indicted for fraudulently collecting nearly $30,000 in COVID-related unemployment benefits.
Amanda J. Kincell, 42, of Fairview, West Virginia, and Casey Fike, 39, of Morgantown, were charged today by a federal grand jury with multiple counts of wire fraud. According to the indictments, Kincell and Fike filed for unemployment in March 2020 when the COVID-19 pandemic forced the DeVito Dental office to temporarily close. In May 2020, Kincell and Fike returned to a regular work schedule at Devito but continued to request and receive unemployment benefits. Kincell is accused of improperly accepting more than forty payments totaling $18,350. Fike is alleged to have accepted more than twenty improper payments totaling $10,388.
Kincell faces eleven counts of wire fraud while Fike faces six counts. Each count carries a penalty of up to twenty years in prison. If convicted, a federal district court judge will determine the sentence after consideration of the U.S. Sentencing Guidelines and other statutory factors.
WorkForce West Virginia investigated the cases. Assistant U.S. Attorney Jennifer Conklin is prosecuting the cases on behalf of the government.
“We continue to work closely with our law enforcement partners to methodically review every instance where COVID fraud is suspected, whether it’s related to unemployment benefits, paycheck protection loans, or economic injury disaster loans,” said United States Attorney William Ihlenfeld. “I appreciate the tips provided by the public and encourage their continued submission.”
Anyone aware of COVID fraud should report it via email to [email protected], by telephone to 304-234-0100, or via regular mail to the U.S. Attorney, P.O. Box 591, Wheeling, WV 26003, Attn: COVID Fraud Unit.
An indictment is merely an allegation, and each defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Cottage Grove Felon Pleads Guilty to Illegal Possession of FirearmsRead the Press Release
MINNEAPOLIS – A Cottage Grove man has pleaded guilty to illegal possession of firearms, announced United States Attorney Andrew M. Luger.
According to the defendant’s guilty plea and court documents, on November 14, 2022, law enforcement encountered Jason Steven Kearns, 38, in the driver’s seat of a truck outside of a restaurant in Woodbury. Kearns was known to law enforcement and had previously identified himself as a member of the Aryan Brotherhood gang. The officers called for backup and two Woodbury Police squad vehicles arrived and attempted to stop Kearns by activating their lights. One squad vehicle stopped in front of Kearns’s truck and the other approached from the side. Kearns accelerated his truck forward, ramming the police vehicle head-on. Kearns reversed his truck and drove into a curb and was pinned by the two police vehicles. Kearns exited his vehicle and ran from officers on foot to a parking lot across the street. Officers saw that Kearns had his right hand on what appeared to be a semiautomatic pistol. Officers drew their firearms and issued multiple commands to Kearns to drop his firearm. Kearns continued walking through the parking lot and then stopped and knelt down, still refusing to drop the firearm. Kearns stated to officers that he had a firearm in his hand. Eventually, Kearns dropped the firearm and surrendered and was taken into custody. The firearm, a Smith & Wesson 9mm semiautomatic pistol, was loaded with a round chambered and 11 rounds in the magazine. Kearns was also carrying a large knife on his person. Kearns later expressed regret that he had not fired at the arresting officers.
Because Kearns has previous felony convictions in Chisago, St. Croix, and Pierce Counties, including assault and armed robbery, he is prohibited from possessing a firearm or ammunition at any time.
Kearns pleaded guilty today in U.S. District Court before Senior Judge Michael J. Davis to one count of possessing a firearm as a felon. A sentencing hearing has not yet been scheduled.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Washington County Sheriff’s Office, the Woodbury Police Department, and the Cottage Grove Police Department.
Assistant U.S. Attorney Emily A Polachek is prosecuting the case.
Colorado Springs Man Pleads Guilty to Illegal Possession of Explosive DevicesRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces Dakota Ryan Halley, age 28, of Colorado Springs has pleaded guilty to possession of unregistered firearms, specifically explosive devices.
According to the plea agreement, in early May 2022, agents with the Bureau of Alcohol, Tobacco and Firearms (ATF) obtained information that the defendant and co-defendant Dalton Turner were in possession of two hand grenades. The investigation led to an undercover ATF agent arranging to purchase one of the explosive devices from the defendant. On May 12, 2022, the undercover agent purchased one grenade and a shotgun from the defendant. Later, the defendant agreed to sell additional grenades to the agent. A second sale occurred on May 21, 2022. That day, shortly before the defendant was to meet the undercover agent for the second sale, agents observed the defendant and Turner loading two vehicles with military style tactical gear, including bulletproof vests and firearms. Turner, the defendant, and a female each drove a vehicle to the location of the second sale. The defendant conducted the sale alone, but Turner and the female staged their vehicles strategically to serve as lookouts and maintained radio communication with the defendant. The sale was conducted in a garage, and the defendant attended the sale wearing military style tactical gear, including body armor, a firearm on his hip, additional magazines. The undercover agent purchased six grenades from the defendant. The defendant was arrested on June 8, 2022. A federal search warrant was executed on the apartment the defendant shared with Turner and the following items were recovered by ATF agents: 32 explosive devices, numerous firearms and more than 4,000 rounds of ammunition. The defendant had not registered the destructive devices in the National Firearms Registration and Transfer Record (NFRTR) as required by law.
The defendant pleaded guilty before Judge Daniel D. Domenico on March 6, 2023. He will be sentenced on May 30, 2023. Co-defendant Dalton David Turner pleaded guilty before Judge Daniel D. Domenico on January 26, 2023. He will be sentenced on April 19, 2023.
The Bureau of Alcohol, Tobacco and Firearms (ATF) Denver Division investigated this case. The prosecution is being handled by the Violent Crime and Immigration Enforcement Section of the U.S. Attorney’s Office.
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.
CASE NUMBER: 22-cr-00183-DDD
Child Pornographer Sentenced to Twenty Years ImprisonmentRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced that U.S. District Court Judge John W. deGravelles sentenced Jesse J. Allen, age 35, of Baton Rouge Louisiana to 240 months in federal prison following his conviction for receipt of child pornography. Allen must serve 10 years of federal supervised release upon completing his term of imprisonment, during which he is prohibited from contacting anyone under the age of 18, and he must complete sex offender treatment. The Court also ordered Allen to $51,000 in restitution. As a result of this conviction, Allen will be required to register as a sex offender for life
According to admissions made during his guilty plea, Allen utilized cellular telephones and the internet to seek out and receive a number of images and videos of child pornography involving a number of different victims.
United States Attorney Ronald C. Gathe, Jr. stated, “Protecting our children and prosecuting those who exploit them continues to be a priority for my office. Searching for and obtaining images of child pornography feeds the demand for child exploitation and re-victimizes those children who suffered through the abuse. If basic human decency will not deter this conduct, we hope that sever prison sentences will.”
“This sentencing reinforces our mission to protect innocent children from child predators by utilizing the justice system,” said Douglas A. Williams, Jr., Special Agent in Charge of FBI New Orleans. “We thank our partners at the United States Attorney's Office for the Middle District for their dedication to the pursuit of justice in this case.”
This matter was investigated by the Federal Bureau of Investigation and Louisiana State Police, and it was prosecuted by Assistant United States Attorneys Jamie Flowers Jr., who also serves as Chief of the Criminal Division, and Colin Clark.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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 http://www.justice.gov/psc.
Cape Coral Caretakers Plead Guilty to Stealing More Than Half A Million Dollars from Elderly VictimRead the Press Release
Fort Myers, Florida – United States Attorney Roger B. Handberg announces that Diane Durbon and Brittany Lukasik, both of Cape Coral, today pleaded guilty to conspiracy to commit wire fraud. Lukasik also pleaded guilty to filing a false tax return. Durbon and Lukasik each face a maximum penalty of 20 years in federal prison for conspiracy to commit wire fraud, and Lukasik also faces a maximum penalty of 3 years’ imprisonment for filing a false tax return. As part of their guilty pleas, Durbon and Lukasik have agreed to forfeit a 2016 Nissan Rogue, 2020 Kia Sorento, real property in Cape Coral, and approximately $542,760.23, which are traceable to proceeds of the offenses.
According to the plea agreement, Durbon and her daughter, Lukasik, a registered nurse, were first hired in approximately 2016 to be caretakers for T.H., the 92-year-old victim. In October 2017, Durbon began unlawfully accessing T.H.’s investment accounts. To unlawfully gain access to the investment accounts, Durbon would place T.H. on the phone to answer various account security questions. Video surveillance cameras that Durbon had installed inside T.H.’s home captured Durbon putting a script that contained answers to account security questions in front of T.H. before and during each phone call.
After being given authorization to speak to the investment account representative on T.H.’s behalf, Durbon would move funds from T.H.’s investment accounts into a Prime Money Market Account (PMMA) that also functioned as a checking account. After transferring the funds, checks were unlawfully issued to Lukasik, ranging in amounts from $1,000 to $9,600, which were deposited into bank accounts that Lukasik controlled and maintained. Between November 2017 and July 2019, approximately $231,659 in checks were issued to Lukasik from T.H.’s PMMA account.
Beginning in approximately November 2018, Durbon also unlawfully gained access to T.H.’s annuity policy, similarly to how she had unlawfully gained access to T.H.’s investment accounts. In January 2019, Durbon faxed a fraudulent Annuity Withdrawal form which misrepresented that T.H. wanted to cash out her annuity policy. This caused the annuity company to issue a check to T.H. in the amount of $244,521.09. The check was deposited into one of T.H.’s checking accounts. After the check was deposited, approximately 92 checks, totaling $372,092.98, were issued to Lukasik from T.H.’s checking account between February 2019 and March 2020. The checks were deposited into bank accounts that Lukasik controlled and maintained. Moreover, Lukasik failed to report receipt of any of T.H.’s funds in her 2019 tax return.
In total, between January 2019 and March 2020, approximately $542,760.23 in fraudulently obtained funds were deposited into Lukasik’s accounts. After the funds were deposited, Lukasik and Durbon used the funds to pay off debt and make a variety of purchases. Those purchases included paying $26,354.05 for a 2018 Nissan Rogue, $17,735.17 to pay off a car loan, more than $29,000 to pay student loan debt, and more than $100,000 in credit card payments. Lukasik and Durbon also used the funds to purchase a duplex in Cape Coral, and more than $100,000 of the fraudulently obtained proceeds were used to buy electronics, furniture, and to remodel the duplex.
This case was investigated by the United States Secret Service, the Lee County Sherriff’s Office, and the IRS – Criminal Investigation. It is being prosecuted by Assistant United States Attorney Trent Reichling.
Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. Together with our federal, state, local and tribal partners, the Department of Justice is steadfastly committed to combatting all forms of elder abuse and financial exploitation through enforcement actions, training and resources, research, victim services, and public awareness.
Bourbonnais, Illinois, Man Charged with Unlawful Possession of a Firearm by a Felon and Possession with Intent to Distribute FentanylRead the Press Release
URBANA, Ill. – A grand jury today indicted a Bourbonnais, Illinois, man, Corey M. Simpson, 38, of the 500 block of Thornberry Court, for allegedly possessing a firearm as a felon and possessing with intent to distribute fentanyl on February 14, 2023.
Simpson was arrested in Bourbonnais, Illinois on February 14, 2023.
If convicted of possessing a firearm as a felon, the maximum statutory penalty for the alleged crime charged is up to 15 years’ imprisonment. The charge also carries up to a three-year term of supervised release and a possible fine of up to $250,000.
If convicted of possessing with intent to distribute more than 40 grams of fentanyl, the maximum statutory penalty for the alleged crime is not less than 5 years and not more than 40 years’ imprisonment, a supervised release period of at least four years, and a fine up to $5,000,000.
Agencies participating in the investigation include the United States Postal Inspector Service and the Kankakee Area Metropolitan Enforcement Group. Assistant U.S. Attorney Timothy Sullivan is representing the government in the prosecution.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Bloods Gang Members Indicted for Sex Trafficking and Illegal Drug Distribution on Long IslandRead the Press Release
Earlier today, in federal court in Central Islip, a 15-count indictment was unsealed charging David M. Amin (D. Amin) and Bryce K. Amin (B. Amin), who are brothers, with sex trafficking by force, interstate prostitution, and distribution and possession with intent to distribute controlled substances, including fentanyl, heroin, cocaine and cocaine base. As alleged in court filings, D. Amin and B. Amin are both members of the Bloods street gang. D. Amin was arrested this morning and will be arraigned this afternoon before United States Magistrate Judge Lee G. Dunst. B. Amin is presently incarcerated on state narcotics charges and will be arraigned at a later date.
Breon Peace, United States Attorney for the Eastern District of New York, Ivan J. Arvelo, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI), Rodney K. Harrison, Commissioner, Suffolk County Police Department (SCPD), and Errol D. Toulon, Jr., Suffolk County Sheriff, announced the indictment.
“As alleged, these two brothers used physical and sexual violence as well as the power of drugs to manipulate and coerce vulnerable female victims for their own financial gain,” stated United States Attorney Peace. “The federal charges unsealed today hold the defendants accountable for their despicable acts of sex trafficking and the related distribution of dangerous drugs in our communities on Long Island.”
Mr. Peace expressed his thanks to the Nassau County District Attorney’s Office and the Nassau County Police Department for their assistance with the case.
“The indictments of brothers David and Bryce Amin highlight HSI’s steadfast commitment in the fight against both human trafficking and the distribution of fentanyl in our Long Island communities,” stated HSI Special Agent-in-Charge Arvelo. “Bringing justice to victims of human trafficking and stopping the flow of illicit narcotics is a priority for this office. We will continue to work with our law enforcement partners and exhaust all of our resources to ensure vicious criminals like the Amin brothers who, as alleged, exploit young women and peddle poison in our communities are swiftly brought to justice.”
“The sexually depraved actions taken by the Amin brothers are nothing short of reprehensible,” stated SCPD Commissioner Harrison. “The Suffolk County Police Department is dedicated to working with its law enforcement partners to target perpetrators of human trafficking and it is my hope these arrests bring justice to their victims.”
“Thank you to all the law enforcement agencies that collaborated on this taskforce to take down these alleged gang members and sex traffickers and to get their dangerous drugs off our streets. Criminals have no place in our communities and the Suffolk County Sheriff’s Office is committed to continuing to work with our partners to keep our neighborhoods safe,” stated Suffolk County Sheriff Toulon.
Sex Trafficking
As set forth in the court filings, between January 2020 and March 2023, the defendants allegedly conspired to use violence and threats of violence to compel multiple women to engage in commercial sex acts for the defendants’ financial benefit. D. Amin and B. Amin recruited drug addicted women for their sex trafficking operation on Long Island, taking advantage of their vulnerability to coerce victims into prostitution who were beholden to the defendants’ supply of illegal drugs. These defendants controlled the money derived from that business and manipulated their victims into believing that they were actually in debt to the defendants. Additionally, D. Amin forced victims to have sex with him, which at times came with humiliating and degrading rules. D. Amin choked and struck his victims, left one or more victims stranded in public places without money, telephones or identification, deprived them of drugs to force withdrawal symptoms, and forced at least one victim to drink his blood after claiming that he was HIV positive. Similarly, B. Amin subjected the victims to violence and drug-related manipulation. In a recorded call from jail in January 2021, B. Amin boasted about one of his victims, saying “You can groom a person to do something they’re not used to doing . . . .When I tell her sit, she listens, she does whatever I tell her to do. She’s my little puppet.”
The majority of the sex trafficking activity occurred in Suffolk County in cars, apartments and hotels, including at locations in Bohemia, Islandia, Patchogue and Bayport, as well as at the Sayville Motor Lodge, which has since been closed. Additionally, at least one victim was forced to work in Virginia, in various hotels around the Norfolk area.
If you are a victim or have information about sex trafficking, call HSI at 1-866-347-2423. To get help from the National Human Trafficking Hotline, call 1-888-373-7888 or text HELP or INFO to BeFree (233733). HSI is ready to work with you in your native language, regardless of your immigration status.
Drug Trafficking
Further, the court filings allege that between August 2019 and March 2023, D. Amin conspired to distribute and possess with intent to distribute multiple controlled substances, including heroin, fentanyl, a fentanyl precursor known as “ANPP,” cocaine and cocaine base, including eight sales of narcotics to an undercover SCPD detective (Undercover). Specifically, between November 2022 and February 2023, D. Amin met the Undercover at various locations in Suffolk County, selling him/her a substance that masqueraded as heroin, but which oftentimes was actually a dangerous cocktail of fentanyl, heroin, cocaine and ANPP. Both defendants sold drugs through female trafficking victims to customers who were also paying them for commercial sex acts. These sales were usually advertised online as “party favors.” On December 22, 2021, B. Amin was arrested in Nassau County for distributing and possessing with intent to distribute a controlled substance containing cocaine base. On that occasion, B. Amin was caught while directing a victim to a date with “party favors,” and the purported customer was actually an undercover NCPD detective.
Searches executed today at D. Amin’s homes in Freeport and Wyandanch, as well as two storage units in Suffolk County, revealed numerous electronic devices, large sums of U.S. currency and two luxury vehicles, both registered to D. Amin.
The government’s case is being prosecuted by the Office’s Long Island Criminal Division. Assistant United States Attorney Megan E. Farrell is in charge of the prosecution.
The Defendants:
DAVID M. AMIN (also known as “Sonny B,” “Rico,” “Tone,” “Anthony,” and “Jonathan Santos”)
Age: 28
Coram, Freeport and Wyandanch, New YorkBRYCE K. AMIN (also known as “Busy B”)
Age: 23
Coram, New YorkE.D.N.Y. Docket No. 23-CR-92 (GRB)
Birmingham Attorney Sentenced to More than Eight Years in Prison for Possession of Child PornographyRead the Press Release
Birmingham, Ala. – A federal judge sentenced a Birmingham attorney today for possession of child pornography announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.
U.S. District Court Judge Annemarie Axon sentenced Chase Tristian Espy, 36, of Vestavia, to 97 months in prison followed by 20 years supervised release. Espy pleaded guilty to possession of child pornography in October 2022. Espy was also ordered to pay additional special assessments of $15,000.00 pursuant to the Amy, Vicky, and Andy Child Pornography Victim Assistance Act and $5,000.00 pursuant to the Justice for Victims of Trafficking Act. Assessments collected under these statutes are used to fund and enhance victim services. Espy was remanded into the custody of the U.S. Marshal.
"No one is above the law, and today's sentence sends a message to anyone who preys on innocent children. We will use every tool available to us to investigate and prosecute those who target children for abuse," U.S. Attorney Escalona said. "I commend the hard work and commitment of our local, state, and federal law enforcement partners to bring this defendant to justice."
In October 2022, Espy pleaded guilty to possession of child pornography arising out of events that occurred from March 2021 to August 2021. Court documents reveal that the investigation was initiated when Espy engaged in online chats with an undercover law enforcement officer whom Espy believed was a 15-year-old girl. Upon being arrested, Espy’s cell phone was seized, and a search warrant was obtained. From this search, approximately 69 videos and four images of child sexual abuse material were found.
The FBI Birmingham’s Child Exploitation Human Trafficking Task Force (CEHTTF), the Homewood Police Department, and the Alabama Law Enforcement Agency (ALEA) participated in this investigation. Assistant U.S. Attorneys R. Leann White and Jonathan Cross are prosecuted the case.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Bemidji Felon Indicted for Drug Trafficking and Illegal Firearms PossessionRead the Press Release
MINNEAPOLIS – A Bemidji man has been indicted for possession with intent to distribute methamphetamine and illegal possession of a firearm, announced U.S. Attorney Andrew M. Luger.
According to court documents, on December 23, 2022, Kenneth Darnell Triplett, 35, possessed a distribution amount of methamphetamine and two firearms, a Taurus model G3 9mm pistol and a H&R model 732 .32 caliber revolver. Because Triplett has multiple prior felony convictions in Michigan and Illinois, including armed robbery and controlled substance delivery, he is prohibited under federal law from possessing firearms or ammunition at any time.
The indictment charges Triplett with one count of possession with intent to distribute methamphetamine and one count of possessing a firearm as a felon. He made his initial appearance today in U.S. District Court before Magistrate Judge Jon T. Huseby. He was ordered to remain in custody pending further proceedings.
This case is the result of an investigation conducted by the FBI Headwaters Safe Trails Task Force, the Paul Bunyan Drug Task Force, the Bemidji Police Department, and the Beltrami County Sheriff’s Office.
Assistant U.S. Attorney Lauren O. Roso is prosecuting the case.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Baton Rouge Man Sentenced to 57 Months in Federal Prison for Fraudulent Investment SchemeRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced that U.S. District Judge John W. deGravelles sentenced Monty Matthews, age 52, of Baton Rouge, Louisiana, to 57 months in federal prison following his convictions for wire fraud, interstate communication of an extortionate threat, and attempted escape. The Court further sentenced Matthews to serve three years of supervised release following his term of imprisonment and ordered him to pay restitution in the amount of $1,066,853.
In announcing the sentence, Judge deGravelles commented that, in determining an appropriate sentence, he considered the impact of Matthews’ criminal conduct on victims aged 60 and older; that resulted in the loss of over $1,000,000 of the victims’ retirement savings, which all went to Matthews; and the fact that the victims were left with virtually no retirement savings. Judge deGravelles also commented on injuries to FBI agents resulting from Matthews’ attempt to escape custody.
According to admissions made as part of his guilty plea, in August 2017, Matthews advised two victims that he could make investments on their behalf and with very high rates of return. Matthews acted as the victims’ investment team lead, and demanded that they needed to maintain an investment account with him exceeding $550,000. Based on Matthews’ false assurances and representations regarding what were, in fact, non-existent investment opportunities, along with his threat to injure the victims if they did not continue to make payments, the victims made over 4,000 cash drops to Matthews. In addition, on March 23, 2022, Matthews was in in the custody of two special agents with the Federal Bureau of Investigation due to a lawful arrest relating to federal felony charges. Matthews attempted to escape from custody, but agents were able to prevent him from fleeing.
This case was investigated by the FBI and the East Baton Rouge Parish Sheriff’s Office. This case was prosecuted by Paul L. Pugliese.
The Department of Justice’s Elder Justice Initiative aims to combat elder financial exploitation by expanding efforts to investigate and prosecute financial scams that target seniors; educate older adults on how to identify scams and avoid becoming victims of financial fraud; and promote greater coordination with law enforcement partners. For more information, please visit: https://www.justice.gov/elderjustice. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).
Baltimore Felon Sentenced to More Than Eight Years in Federal Prison for Illegal Possession of a Firearm in a School Zone and for a Drug ConspiracyRead the Press Release
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander today sentenced Gregory Santos, age 49, of Baltimore, Maryland, to 102 months in federal prison, followed by five years of supervised release for illegal possession of a firearm in a school zone and for conspiracy to distribute cocaine and fentanyl.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Commissioner Michael Harrison of the Baltimore Police Department.
According to his guilty plea, on September 17, 2019, Santos was driving in the area of 5th Street and East Patapsco Avenue. Baltimore Police officers saw Santos roll through a stop sign. When Santos saw the officers, he slammed on his brakes, ending up in the middle of the intersection. Santos then sped through a school zone, failed to stop at a second stop sign, and almost collided with another vehicle as he drove onto the 300 block of Pontiac Avenue, a posted school zone near the Maree Garnett Farring Elementary School. Officers attempted to perform a traffic stop, but Santos did not stop. Santos eventually threw a firearm out of his window in the 3600 block of 5th Street. Officers recovered a 9mm semi-automatic pistol, which had disassembled after hitting the ground, and 11 9mm cartridges of ammunition. Investigators were able to reassemble the handgun and fire it. Santos admitted he possessed the loaded firearm while he was driving in the school zone.
Santos was arrested on a state warrant for illegal possession of a firearm on October 20, 2019. While Santos was incarcerated, he instructed his girlfriend to get narcotics that were in their home and sell them. A search warrant was executed at the residence on November 22, 2019, and law enforcement recovered more than 1,000 grams of powder cocaine and approximately 771.28 grams of fentanyl, as well as items used to mix and package narcotics for sale. Santos admitted that he was conspiring with others to distribute narcotics.
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 is also part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
United States Attorney Erek L. Barron commended the FBI and the Baltimore Police Department for their work in the investigation. Mr. Barron thanked Special Assistant U.S. Attorney Keelan Diana and Assistant U.S. Attorney Clinton J. Fuchs, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Ayden Crips Gang Member Sentenced to More than 14 Years in Prison for Drug OffensesRead the Press Release
NEW BERN, N.C. – An Ayden man was sentenced today to 165 months in prison for conspiring to distribute cocaine and for possession of cocaine with intent to distribute. On July 19, 2022, Maurice Montrell Greene pled guilty to his role in the conspiracy. Greene was the leader of the local “Grape Street” Crips gang set during the time that he was under investigation.
According to court documents and other information presented in court, Greene, 34, was involved with a group of individuals that were obtaining kilograms of cocaine for distribution in Ayden and the greater Pitt County area. A multi-year investigation spanning from 2016 to February 2019 included controlled purchases, surveillance, witness interviews, and a court authorized wiretap on Greene and others’ cellular phones led to the seizure of approximately 1800 grams of cocaine and over $382,000 in U.S. Currency. Specifically, as to Greene, over $47,000 cash, 935 grams of cocaine, and a firearm were seized from residences where Greene lived.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Drug Enforcement Administration, Greenville Regional Drug Task Force, and the Pitt County Sheriff’s Office investigated the case and Assistant U.S. Attorney Caroline Webb prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:19-CR-9-FL-1.
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Albemarle County Home Invaders Sentenced in Hobbs Act RobberyRead the Press Release
CHARLOTTESVILLE, Va. – A man from Albemarle County, and another from South Carolina, who broke into a private Albemarle County home while armed in October 2021, were sentenced yesterday to federal prison terms.
Traevon Gray, 21, and Damon Williams, 23, pled guilty in November 2022 to one count each of Hobbs Act Robbery. Each received a sentence yesterday of 51 months in federal prison.
“The Department of Justice will continue to use every tool possible to address violent crime in our communities,” United States Attorney Christopher R. Kavanaugh said today. “This outcome proves that those individuals who use firearms to harm others will be held accountable in federal court.”
“Addressing violent crime is a priority for the FBI. These sentencings reflect the Bureau’s commitment to working with our law enforcement partners to identify and hold those responsible accountable,” said Stanley M. Meador, Special Agent in Charge of the FBI Richmond Division.
According to court documents, Gray and Williams used firearms when they broke into the Albemarle County home through a backdoor and forced the victim from his upstairs bedroom into the kitchen where they ordered him to lie face-down on the floor.
After stealing approximately two pounds of marijuana, several thousand dollars, a firearm, drug paraphernalia, and other valuables, the assailants bound the victim’s hands with tape, punched him in the face, and pushed him into the kitchen pantry.
After the robbery, Gray and Williams fled to Spartanburg, South Carolina where they divided up the robbery proceeds.
The FBI Richmond's Safe Streets Task Force and the Albemarle County Police Department investigated the case.
Assistant U.S. Attorney Heather L. Carlton prosecuted the case for the United States.
Alameda County Firefighter Indicted for Possession of Child PornographyRead the Press Release
OAKLAND - Charles Johnathen Harris made his initial federal court appearance today to face charges that he was in possession of child pornography in violation of federal law, announced United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Robert K. Tripp. Harris appeared before U.S. Magistrate Judge Kandis A. Westmore.
On March 2, 2023, a federal grand jury handed down the indictment containing the charge against Harris, 42, of Coulterville, Calif., who is employed as a firefighter with Alameda County Fire Department. According to the indictment, Harris is alleged to have possessed images of child pornography on his iPhone, including images of prepubescent children. Additional information about the case was submitted by the government in connection with Harris’s appearance today. Specifically, the case allegedly was initiated after federal authorities received a tip from the National Center for Missing and Exploited Children and an investigation uncovered that Harris allegedly uploaded child pornography over social media platform Kik—even while present at fire stations in Alameda County.
The defendant surrendered to federal authorities earlier today and was released on bond with the condition that his access to the internet will be restricted. Defendant’s next scheduled appearance is scheduled for 2:00 p.m. on April 19, 2023, for status conference before the Honorable Haywood S. Gilliam, Jr., U.S. District Court Judge.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendants face a maximum sentence of 20 years of imprisonment, and a fine of $250,000, plus restitution as ordered by the Court. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Kelly Volkar is prosecuting the case with the assistance of Nina Burney and Karina Ruiz. The prosecution is the result of an investigation by the Federal Bureau of Investigation, San Jose Police Department, and Mariposa County Sheriff’s Office.
6 March 2023
Winchester Man Sentenced for Making Straw Purchases of FirearmsRead the Press Release
CHARLOTTESVILLE, Va. – A Winchester, Virginia man, who lied when he purchased a firearm that was later used by a close relative in a Washington, D.C. homicide, was sentenced recently to 24 months in federal prison.
Gerald Kendrick Oxner, 25, pled guilty in September 2022 to a one-count Information charging him with making a false statement during the purchase of a firearm.
According to court documents, when Oxner purchased a Smith and Wesson 9-millimeter handgun in January 2021, he failed to disclose that he was purchasing the weapon for someone else and also provided a false home address on the required forms. Investigators obtained security camera footage and receipts from the store in Front Royal, Virginia, which show Oxner buying the firearm and using his relative’s debit card to make the purchase.
Law enforcement later recovered the firearm in Maryland, but its serial number had been obliterated. Through forensic analysis, the serial number was restored, and the firearm was subsequently linked to evidence recovered from the scene of a January 2021 shooting in Southeast Washington D.C. where one person was killed and three others were injured. Oxner’s relative was arrested and charged with first-degree murder in connection with the shooting.
Oxner further admitted that he made multiple other straw purchases in Virginia. However, when law enforcement executed a search warrant at his residence, none of the firearms or related ammunition that he purchased were found in his possession or in the residence. Later, another one of the firearms he bought was found during the execution of an unrelated search warrant in Washington, D.C.
United States Attorney Christopher R. Kavanaugh and Michael Weddel, Acting Special Agent in Charge of the Washington Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.
Assistant United States Attorney Melanie Smith, Special Assistant United States Attorney Jessica Joyce, and Deputy United States Attorney Katie B. Medearis prosecuted the case.
Wilmington Gang Member Gets More than Nine Years in Federal Prison for Possession of a Firearm by a FelonRead the Press Release
RALEIGH, N.C. – Tyzheem Nixon, 27, of Wilmington, was sentenced on Friday to 114 months in prison for possession of a firearm by a convicted felon. Nixon is a validated member of the Bloods street gang. He pled guilty to the charge on September 15, 2022.
“We are working closely with our law enforcement partners at every level to put violent criminals behind bars,” said Michael Easley. “If you are a felon in possession of a firearm, we will bring federal charges that carry significant penalties.”
“Disrupting drug trafficking networks has a significant impact on reducing violent gun crime”, said Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Bennie Mims. “Through collaborative efforts, we are stopping the gang members and drug traffickers responsible for violent crime in our communities.”
“Mr. Nixon is a career criminal and validated gang member with a very violent history,” said District Attorney Ben David. “Removing him from our community for the next decade is exactly why we invest in this partnership.”
According to court documents and other information presented in court, the New Hanover County Sheriff’s Office received information in late November of 2020, that Nixon was among those involved in a shooting in the Wilmington area. At the time, Nixon was on post supervision release and was believed to have removed his ankle monitor. On December 17, 2020, the United States Marshal’s Service (USMS) Fugitive Task Force received information regarding Nixon’s location. The USMS and sheriff’s deputies conducted a traffic stop on a car in which Nixon was a passenger. During a search of the car, law enforcement found a loaded handgun with a large capacity magazine.
Nixon has prior felony convictions for discharging a weapon into an occupied property and assault with a deadly weapon (2014). Nixon was on post supervision release for these charges at the time he committed this federal offense. Nixon is also facing charges for felonious possession of a weapon by a prisoner after allegedly possessing a handmade shank while being held at the New Hanover County Detention Center.
This is part of operation “Golfer” which is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and
dismantles the highest-level drug traffickers, money launders, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Bureau of Alcohol, Tobacco and Firearms and the New Hanover and Brunswick County Sheriffs’ Offices investigated the case and Assistant U.S. Attorneys Timothy Severo and Gabe Diaz prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:21-CR-00104-D.
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Wilmer Man Sentenced to Ten Years Imprisonment for Possessing Firearms as a Previously Convicted FelonRead the Press Release
MOBILE, AL – Reginald McGhee, of Wilmer, was sentenced on March 3, 2023 to ten years imprisonment for being a felon in possession of firearms. The sentence was handed down by United States District Court Judge Kristi K. DuBose. McGhee previously had pled guilty to the charge.
Documents filed with the court in connection with his guilty plea established that on October 9, 2019, McGhee was stopped by a Mobile County Sheriff’s Office (MCSO) Deputy for a traffic violation. At the time of the stop McGhee had methamphetamine in his pocket. The Deputy also later found a loaded .38 caliber revolver and a loaded 12- gauge shotgun in the vehicle, as well as $728 in cash and digital scales used for weighing drugs.
An investigation by the MCSO Narcotics Office also linked McGhee to three loaded weapons seized from his residence less than three months earlier, which comprised a loaded Hi-Point 9mm rifle, a loaded Smith and Wesson 9mm pistol, and a loaded Taurus 9mm pistol with an obliterated serial number.
McGhee had been previously convicted of felonies including Robbery 1st Degree and Receiving Stolen Property 2nd Degree, making his possession of any firearm or ammunition a crime under federal law.
This case was investigated by the MCSO and the Bureau of Alcohol Tobacco Firearms and Explosives. The case was prosecuted by Assistant United States Attorney George F. May.
Valdosta Resident with Prior Aggravated Assault, Robbery Convictions Sentenced for Illegally Possessing a FirearmRead the Press Release
ALBANY, Ga. – A Valdosta, Georgia, resident with a prior felony conviction for aggravated assault and robbery by intimidation was sentenced to prison after officers took him into custody in illegal possession of a loaded firearm during a domestic violence call.
Sammie Eubanks, 28, was sentenced to serve 57 months in prison to run concurrently to any sentenced imposed by the Superior Court of Lanier County, Georgia, for probation violation to be followed by three years of supervised release by U.S. District Judge Louis Sands on March 3 after he previously pleaded guilty to possession of a firearm.
“Armed felons with violent criminal backgrounds who illegally possess guns will face federal prosecution,” said U.S. Attorney Peter D. Leary. “I want to thank the Valdosta Police Department and FBI for helping us hold repeat felons caught illegally possessing firearms accountable at the federal level.”
“Eubanks, with a prior felony conviction for aggravated assault and robbery by intimidation, clearly did not learn from his past mistakes and continued to intimidate people in our community,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “The FBI is proud to work with our local law enforcement partners in helping to convict these repeat offenders at the federal level, where they face stiffer penalties and no opportunity for parole.”
According to information relayed in court, on Aug. 31, 2019, Valdosta Police Department officers responded to a report of domestic violence on North Sawgrass Circle. The officers located Eubanks, who was at first uncooperative. Eubanks then told officers he did not assault his girlfriend, but that they had an argument. Eubanks attempted to flee, and he removed a firearm he was carrying and threw it on the ground. Eubanks was restrained and officers recovered the loaded .22 caliber pistol. Eubanks was previously convicted of felony robbery by intimidation and aggravated assault in the Superior Court of Lanier County, Georgia, on Dec. 12, 2012. It is illegal for a convicted felon to possess a firearm.
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 case was investigated by FBI and the Valdosta Police Department.
Assistant U.S. Attorney Hannah Couch prosecuted the case.
United States and Commonwealth of Massachusetts Announce Settlement with City of Gloucester to Upgrade Sewage Treatment InfrastructureRead the Press Release
The U.S. Department of Justice, U.S. Environmental Protection Agency (EPA) and the Commonwealth of Massachusetts have entered into a consent decree with the City of Gloucester, Massachusetts, to resolve violations of the Clean Water Act regarding the city’s water pollution control facility that discharges undertreated effluent into Massachusetts Bay.
The settlement requires Gloucester to undertake a construction project to add secondary treatment to its water pollution control facility. Secondary treatment is a combination of physical and biological processes that break down many harmful elements in municipal sewage. The city has operated without secondary controls on its treatment plant under a permit waiver issued most recently in 2001. EPA and the Massachusetts Department of Environmental Protection (MassDEP) more recently determined that upgrading the City’s treatment plant to provide secondary treatment was needed to address water pollution in Massachusetts Bay. In response, under the proposed settlement the city agreed to proceed with the upgrades. The cost of the remedial measures is expected to be in excess of $150 million.
“The Clean Water Act requires controls to limit the harmful impacts of sewage discharges,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The settlement will ensure significant, long-term investment into the City’s water treatment infrastructure to safeguard the health of Massachusetts Bay.”
“Fiercely protecting our environment is a civil and human rights issue. Ensuring that bodies of water are not contaminated with harmful toxins and pollutants remains a vital part of this work. This consent decree requires Gloucester to take significant steps to improve the quality of the water it discharges into Massachusetts Bay,” said U.S. Attorney Rachael S. Rollins for the District of Massachusetts. “The successful implementation of the Consent Decree will ensure a healthier environment for the residents of Gloucester and all of us in the Commonwealth. My office remains committed to fighting for healthier, cleaner and safer communities.”
“Sewage can carry harmful pollutants, posing potential harm to human health and aquatic organisms,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of Enforcement and Compliance Assurance. “By reducing discharges into Massachusetts Bay, this settlement will result in cleaner, safer water, benefiting both local communities and the environment.”
In 2022, EPA issued a new NPDES Permit to the City of Gloucester which included pollution limits that the current treatment plant cannot meet because the plant only provides primary treatment, known as clarification or settling and disinfection. Complying with the proposed consent decree, if entered by the federal court, will help ensure that Gloucester comes into compliance with the Clean Water Act.
The City of Gloucester has already provided an aggressive schedule to EPA and MassDEP for design and construction of secondary treatment. The city has proposed to complete design and bidding of the project by the end of 2024, complete construction of secondary treatment by the end of 2027, and achieve compliance with all permit limits by March 30, 2028.
Undertreated sewage from the city’s existing water treatment facility results in a variety of harmful discharges into Massachusetts Bay, including disease causing organisms and toxic pollutants.
The proposed consent decree is subject to a 30-day public comment period and court approval after it is published in the Federal Register. It is available at www.justice.gov/enrd/consent-decrees.
The EPA and MassDEP are investigating the case.
Assistant Section Chief Henry Friedman of the Environment and Natural Resources Division’s Environmental Enforcement Section, Assistant U.S. Attorney Annapurna Balakrishna for the District of Massachusetts and EPA Attorney Jeff Kopf are handling this matter.