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Thursday 29 December 2022
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Dec. 29 was:
Jesse Lee Hopkins, 38, a transient, on charges of bank fraud, aggravated identity theft and felon in possession of a firearm. If convicted of the most serious crime, Hopkins faces a maximum of 30 years in prison, a $1 million fine and five years of supervised release on the bank fraud charge and a mandatory minimum two years in prison, consecutive to any other sentence, a $250,000 fine and one year of supervised release on the aggravated identity theft charge. Hopkins was detained pending further proceedings. Homeland Security Investigations and the Billings Police Department investigated the case. PACER case reference. 22-108.
Joseph Lee Doney, 41, of Billings, on charges of prohibited person in possession of firearm and ammunition—armed career criminal, possession of a stolen firearm and possession of body armor by a violent felon. If convicted of the most serious crime, Doney faces a mandatory minimum 15 years to life in prison, a $250,000 fine and five years of supervised release. Doney was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-146.
Appearing on Dec. 28 was:
Geofredo James Littlebird, Jr., 38, of Lame Deer, on charges of prohibited person in possession of firearm. If convicted of the most serious crime, Littlebird faces a maximum of 15 years in prison, a $250,000 fine and three years of supervised release. Littlebird was detained pending further proceedings. The FBI investigated the case. PACER case reference. 22-149.
Appearing on Dec. 27 was:
Michael Joseph Owens, 42, of Aurora, Colorado, on charges of conspiracy to possess with intent to distribute controlled substances, possession with intent to distribute controlled substances and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Owens faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release on the drug counts and a mandatory minimum five years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the firearm count. Owens was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Montana Division of Criminal Investigation, Montana Highway Patrol and Laurel Police Department investigated the case. PACER case reference. 22-144.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Dec. 28 was:
Alex George Deserly, 43, of Box Elder, on charges of strangulation and assault resulting in substantial bodily injury to intimate partner. If convicted of the most serious crime, Deserly faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Deserly was detained pending further proceedings. The FBI and Rocky Boy’s Police Department investigated the case. PACER case reference. 22-101.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Human Smugglers Plead Guilty, Could Face Life in Federal PrisonRead the Press Release
DEL RIO, Texas – The final two in a group of 10 defendants indicted on human smuggling charges pleaded guilty last week.
Lauren Michelle Malmquist, aka “Mama” and “Lala,” 33, of Round Rock and Eduardo Rivera Benitez, aka “Lalo” and “Casper,” 24, of Bastrop pleaded guilty to illegal alien transportation resulting in death. Malmquist and Benitez were participants in a human smuggling organization arrested on March 15, 2021 near Del Rio.
Five additional defendants pleaded guilty earlier this year to one count of illegal alien transportation resulting in death: Sebastian Tovar, 26, of Toledo, Ohio; Nicolas Mondragon-Gonzalez, aka “Chayo” and “Flaco,” 34, of Austin; Veronica Torres-Mendez, 35, of Austin; Jennifer Oralia Davis, aka “Paypa,” 41, of San Antonio; and Ruben Junior Rodriguez-Jaimes, 20, of Bastrop. These defendants, along with Malmquist and Benitez, each face a maximum penalty of life in prison.
The remaining three defendants pleaded guilty to one count of conspiracy to transport aliens: Marco Antonio Hernandez, aka “Temo,” 20, of Paige; Jose Eli Rodriguez, 22, of Austin; and Rogelio Manuel Luna, 34, of Austin. They each face a maximum penalty of 10 years in prison.
According to court documents, Tovar was driving a Dodge Ram near Del Rio when a Texas Department of Public Safety (DPS) trooper attempted to stop the vehicle. Tovar tried to evade law enforcement but crashed into oncoming traffic. Eight undocumented noncitizen passengers in Tovar’s truck died in the crash, while one more was seriously injured. Additionally, two U.S. citizens were seriously injured in the head-on collision when Tovar struck their vehicle.
Following the crash, U.S. Border Patrol (USBP) agents encountered a Ford F-150 stopped in traffic near the crash site. The agents directed the driver of the Ford to turn around and subsequently all its occupants fled on foot into nearby brush. USBP agents were able to locate 12 undocumented noncitizens who bolted from the Ford. After interviewing two of the undocumented noncitizens, USBP agents determined that the occupants of the Dodge and Ford were part of a human smuggling operation that was illegally transporting 20 undocumented noncitizens in the U.S.
All 10 defendants currently await their next court dates for their respective sentencing hearings. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas and Acting Special Agent in Charge Craig Larrabee of the Department of Homeland Security Investigations (HSI) San Antonio Division made the announcement.
HSI, USBP and DPS are investigating the case.
Assistant U.S. Attorney Joshua Banister is prosecuting the case.
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Gun Shop and Owner Charged with Transfer of Firearm to a Felon, Aiding and Abetting Unlicensed Firearm Trafficking, and Failure to Maintain Firearm RecordsRead the Press Release
SAN JUAN, Puerto Rico – A federal grand jury returned a three-count indictment against Aileene Mudafort-Fernández and Mudafort Xtreme Sports & Motorsports Inc. for disposing of a pistol to a felon, aiding and abetting in unlicensed firearm trafficking, and failure to maintain firearm records. In a separate indictment, José Berrios-Aquino, an armorer of Mudafort Xtreme Sports & Motorsports Inc., was charged with the possession of a machinegun.
According to the indictments, since at least 2020, Ms. Mudafort-Fernández and her gun shop aided and abetted “R.R.M.” in the illegal trafficking of guns. Additionally, Ms. Mudafort-Fernández disposed of a Taurus pistol in 2019 to “P.C.T.,” knowing that he was a felon. Ms. Mudafort-Fernández and her armory further failed to maintain firearm accords according to law.
An armorer of Mudafort Xtreme Sports & Motorsports Inc., José Berrios-Aquino, was charged in a separate indictment with possessing a pistol that had been modified to be a machinegun. According to public documents, Mr. Berrios-Aquino’s gun had been altered with an Alamo-15 Forced Reset Trigger, which modifies a gun to automatically fire more than one shot without manual reloading by a single function of the trigger.
“Violent crimes involving guns are often committed by people who cannot legally obtain a firearm, but they find a way. According to the indictments, these defendants engaged in the business of dealing guns without following the firearms laws,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “The manufacturing and unlicensed sale for profit of high-capacity firearms is a serious threat to public safety. We will continue to vigorously investigate gun dealers and prosecute violations of the law.”
“Federal Firearms Licensees hold a special responsibility as the first line of defense against the illegal diversion of firearms from lawful commerce,” said ATF Special Agent in Charge Christopher A. Robinson. “A dereliction of that duty by willfully participating in these alleged actions will never be tolerated by ATF.”
Assistant U.S. Attorney Linet Suarez of the Violent Crimes Section is in charge of the prosecution of the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives is in charge of the investigation. If convicted, each defendant faces a sentence of up to ten years in prison. An indictment contains only charges and is not evidence of guilt.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Federal Court Permanently Shuts Down Detroit Tax PreparersRead the Press Release
A federal court in the Eastern District of Michigan has permanently enjoined two Detroit, Michigan-area tax return preparers and their Detroit-based business from preparing returns for others and from owning or operating any tax return preparation business in the future.
The civil complaint filed in the case alleged that Latavia Garrett, Latrina Hall, and their tax return preparation company, Detroit Tax Solution LLC, prepared fraudulent federal income tax returns. According to the complaint, defendants filed fraudulent federal tax returns that included the following schemes: reporting false income and expenses from fictious businesses; falsely claiming eligibility for child tax credits and education credits; falsely claiming dependents to increase the amount of earned income tax credits; utilizing falsely-reported prior year earned income to make customers eligible for tax credits; underreporting wage income; and, as to defendant Hall, often acting as a “ghost preparer” – that is, failing to sign the tax returns she prepared and failing to identify herself in any way on the returns. As alleged in the complaint, the IRS has conservatively estimated that defendants’ fraudulent return preparation activities have caused a combined loss to the United States for tax years 2019 and 2020 exceeding $1.2 million.
According to the court’s order, defendants consented to entry of the injunction, which permits the United States to conduct post-judgment discovery to monitor compliance. The order requires that defendants (1) send notice of the injunction to each person for whom they and their company prepared federal tax returns, amended tax returns, or claims for refund after January 1, 2019, and (2) post an electronic copy of the injunction on any business social media profile currently maintained or created over the next five years.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.
In the past decade, the Department of Justice Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
EDVA Collects over $25 M in Civil and Criminal Actions in Fiscal Year 2022Read the Press Release
ALEXANDRIA, Va. – U.S. Attorney Jessica D. Aber announced today that the Eastern District of Virginia (EDVA) collected over $25 million in criminal and civil actions in Fiscal Year 2022. Of this amount, roughly $14 million was collected in criminal actions and almost $11 million was collected in civil actions.
Additionally, EDVA worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $6.1 million in cases pursued jointly by these offices. Of this amount, $13,000 was collected in criminal actions and over $6 million was collected in civil actions.
In November, EDVA secured a civil resolution with Raley and Advanced Spine and Pain, PLLC, owned by Thomas Raley, Jr, at the time, where the parties jointly paid $3,159,378.51 to settle civil claims under the False Claims Act, the Virginia Fraud Against Taxpayers Act, and common law remedies. Raley was writing and referring compounded drug prescriptions in return for illegal kickback payments and sentenced to 3 years in prison after pleading guilty to criminal charges.
In February, after pleading guilty to fraud charges for 12-year bribery scheme with former Norfolk Sheriff Robert McCabe, Gerard Boyle, Chief Executive Officer of Correct Care Solutions, was sentenced to three years in prison and EDVA secured a court order for Boyle to forfeit $2,700,000, in addition to a $35,000 fine, both of which Boyle has paid in full.
The U.S. Attorneys’ Offices, along with the Department of Justice’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. In FY 2022, the U.S. Attorney’s Office in EDVA collected over $14,803,207 in restitution for crime victims. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Additionally, the U.S. Attorney’s office in EDVA, working with Department of Justice partner agencies and divisions, obtained over $72.3 million in criminal asset forfeiture judgments and collected over $13.5 million in asset forfeiture actions in FY 2022. This amount does not include forfeitures in partnership with Department of Treasury law enforcement agencies. Forfeited assets are either deposited into the Department of Justice Assets Forfeiture Fund or are used to restore funds to crime victims. Assets deposited into the Assets Forfeiture Fund are used for a variety of law enforcement purposes.
U.S. Attorney Aber extends her gratitude to the attorneys and staff in EDVA’s Asset Recovery Unit, who are responsible for ensuring that these significant funds are recovered in full to victims and the public fisc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia.
Department of Justice Files Nationwide Lawsuit Against AmerisourceBergen Corp. and Subsidiaries for Controlled Substances Act ViolationsRead the Press Release
Denver – In a civil complaint filed today, the Department of Justice alleges that AmerisourceBergen Corporation and two of its subsidiaries, AmerisourceBergen Drug Corporation and Integrated Commercialization Solutions, LLC (together “AmerisourceBergen”), collectively one of the country’s largest wholesale pharmaceutical distributors, violated federal law in connection with the distribution of controlled substances to pharmacies and other customers across the country, contributing to the prescription opioid epidemic.
The complaint alleges that this unlawful conduct resulted in at least hundreds of thousands of violations of the Controlled Substances Act (CSA). The Justice Department seeks civil penalties and injunctive relief.
“The Department of Justice is committed to holding accountable those who fueled the opioid crisis by flouting the law,” said Associate Attorney General Vanita Gupta. “Companies distributing opioids are required to report suspicious orders to federal law enforcement. Our complaint alleges that AmerisourceBergen—which sold billions of units of prescription opioids over the past decade—repeatedly failed to comply with that requirement.”
“AmerisourceBergen, one of the largest wholesale distributors of opioids in the world, had a legal obligation to report suspicious orders to the Drug Enforcement Administration, and our complaint alleges that the company’s repeated and systemic failure to fulfill this simple obligation helped ignite an opioid epidemic that has resulted in hundreds of thousands of deaths over the past decade,” said DEA Administrator Anne Milgram. “The men and women of the DEA will stop at nothing to hold accountable registrants that fail to uphold their responsibility of saving American lives by filing suspicious order reports.”
Pharmaceutical distributors that sell controlled substances, including AmerisourceBergen, have a longstanding legal obligation to monitor the orders that they receive from pharmacies and other customers and must inform the Drug Enforcement Administration (DEA) each and every time they receive a suspicious order.
The complaint filed in the U.S. District Court for the Eastern District of Pennsylvania alleges that over the course of nearly a decade, from 2014 through the present, AmerisourceBergen violated the CSA by failing to report at least hundreds of thousands of suspicious orders of controlled substances to the DEA as required by law. The alleged unlawful conduct includes filling and failing to report numerous orders from pharmacies that AmerisourceBergen knew were likely facilitating diversion of prescription opioids. Today’s filing is the result of a multi-year investigation by the DEA, the Civil Division’s Consumer Protection Branch and several U.S. Attorneys’ Offices.
“As a distributor of prescription drugs, AmerisourceBergen was entrusted with handling addictive, dangerous drugs that can be fatal if misused. When it failed to report suspicious orders of prescription drugs, it failed to honor a key legal obligation that protects the public. his complaint makes clear that the Department of Justice will continue to hold accountable corporations that disregard the public’s safety for their own profit,” said United States Attorney Cole Finegan.
The government’s complaint specifies several pharmacies for which AmerisourceBergen allegedly was aware of significant “red flags” suggesting the existence of diversion of prescription drugs to illicit markets. The complaint asserts that AmerisourceBergen nevertheless continued to distribute drugs to the pharmacies for years and reported few suspicious orders to the DEA. The five examples include: two pharmacies, one in Florida and one in West Virginia, for which AmerisourceBergen knew the drugs it distributed were likely being sold in parking lots for cash; a New Jersey pharmacy that has pleaded guilty to unlawfully selling controlled substances; another New Jersey pharmacy whose pharmacist-in-charge has been indicted for drug diversion; and a Colorado pharmacy that AmerisourceBergen knew was its largest purchaser of oxycodone 30mg tablets in all of Colorado. The government further alleges that for this Colorado pharmacy, AmerisourceBergen specifically identified eleven patients as potential “drug addicts” whose prescriptions likely were illegitimate. Two of those patients subsequently died of overdoses.
The complaint further alleges that AmerisourceBergen not only ignored red flags of diversion, but also relied on internal systems to monitor and identify suspicious orders that were deeply inadequate, both in design and implementation. These systems allegedly flagged only a tiny fraction of suspicious orders, thereby enabling diversion and AmerisourceBergen’s failure to report orders it was legally obligated to identify to the DEA. In fact, the complaint asserts that in the midst of the opioid epidemic, AmerisourceBergen intentionally altered its internal systems in a way that reduced the number of controlled substances reported as suspicious. Even for the small percentage of orders that AmerisourceBergen did identify as suspicious, the company routinely failed to report them to the DEA.
The government’s complaint alleges that for years AmerisourceBergen flouted its legal obligations and prioritized profits over the well-being of Americans.
If AmerisourceBergen is found liable, it could face escalating civil penalties depending on when each violation occurred and the type of controlled substance at issue. Specifically: up to $10,000 for each reporting violation before November 2015, up to $16,864 for each violation between November 2015 and October 2018 and for each violation relating to a suspicious order for a non-opioid controlled substance not reported after October 2018, and up to $109,374 for each violation relating to a suspicious opioid order not reported after October 2018, potentially totaling billions of dollars in penalties. The court also may award injunctive relief to prevent AmerisourceBergen from committing future CSA violations.
The United States is represented in the filed action by Trial Attorneys Michael Wadden, Amy DeLine, and Deborah Sohn of the Department of Justice Civil Division’s Consumer Protection Branch, Assistant U.S. Attorneys Hayden M. Brockett and Jordann R. Conaboy for the District of New Jersey, Assistant U.S. Attorneys Anthony D. Scicchitano and Landon Jones for the Eastern District of Pennsylvania, Assistant U.S. Attorneys Amanda Rocque and David Moskowitz for the District of Colorado, and Assistant U.S. Attorneys Elliot M. Schachner and Diane Leonardo for the Eastern District of New York. The DEA collaborated with the Civil Division’s Consumer Protection and the U.S. Attorney’s Offices to investigate the case.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove by a preponderance of the evidence.
Department of Justice Files Nationwide Lawsuit Against AmerisourceBergen Corp. and Subsidiaries for Controlled Substances Act ViolationsRead the Press Release
NEWARK, N.J. – In a civil complaint filed today, the Department of Justice alleges that AmerisourceBergen Corp. and two of its subsidiaries, AmerisourceBergen Drug Corp. and Integrated Commercialization Solutions LLC (AmerisourceBergen), collectively one of the country’s largest wholesale pharmaceutical distributors and one of the largest companies in America by revenue, violated the law in connection with the distribution of controlled substances to pharmacies and other customers across the country, contributing to the prescription opioid epidemic.
The complaint alleges that this unlawful conduct resulted in at least hundreds of thousands of violations of the Controlled Substances Act (CSA). The Justice Department seeks civil penalties and injunctive relief.
“For years, AmerisourceBergen put its profits from opioid sales over the safety of Americans,” U.S. Attorney for the District of New Jersey Philip R. Sellinger said. “According to the complaint, this was part of a brazen, blatant, and systemic failure by one of the largest companies in America to comply with its obligations to report suspicious opioid orders, contributing to the epidemic of opioid abuse throughout this country.”
“The Department of Justice is committed to holding accountable those who fueled the opioid crisis by flouting the law,” Associate Attorney General Vanita Gupta said. “Companies distributing opioids are required to report suspicious orders to federal law enforcement. Our complaint alleges that AmerisourceBergen—which sold billions of units of prescription opioids over the past decade—repeatedly failed to comply with that requirement.”
“The mission of the DEA is to enforce the Controlled Substances Act, and as this complaint alleges, AmerisourceBergen violated the CSA hundreds of thousands of times,” Susan A. Gibson, Special Agent in Charge of the DEA’s New Jersey Division, said. “AmerisourceBergen was required by law to report suspicious orders to the DEA, and they failed in their obligation to do so. This failure contributed to the opioid epidemic that has plagued this country for years. This multi-year investigation and resulting lawsuit will hold AmerisourceBergen accountable for their actions.”
“AmerisourceBergen, one of the largest wholesale distributors of opioids in the world, had a legal obligation to report suspicious orders to the Drug Enforcement Administration, and our complaint alleges that the company’s repeated and systemic failure to fulfill this simple obligation helped ignite an opioid epidemic that has resulted in hundreds of thousands of deaths over the past decade,” DEA Administrator Anne Milgram said. “The men and women of the DEA will stop at nothing to hold accountable registrants that fail to uphold their responsibility of saving American lives by filing suspicious order reports.”
Pharmaceutical distributors that sell controlled substances, including AmerisourceBergen, have a longstanding legal obligation to monitor the orders that they receive from pharmacies and other customers and must inform the Drug Enforcement Administration (DEA) each and every time they receive a suspicious order.
The complaint filed in the U.S. District Court for the Eastern District of Pennsylvania alleges that over the course of nearly a decade, from 2014 through the present, AmerisourceBergen violated the CSA by failing to report at least hundreds of thousands of suspicious orders of controlled substances to the DEA as required by law. The alleged unlawful conduct includes filling and failing to report numerous orders from pharmacies that AmerisourceBergen knew were likely facilitating diversion of prescription opioids. Today’s filing is the result of a multi-year investigation by the DEA, the District of New Jersey, the Civil Division’s Consumer Protection Branch, several other U.S. Attorneys’ Offices.
The government’s complaint specifies several pharmacies for which AmerisourceBergen allegedly was aware of significant “red flags” suggesting the existence of diversion of prescription drugs to illicit markets. The complaint asserts that AmerisourceBergen nevertheless continued to distribute drugs to the pharmacies for years and reported few suspicious orders to the DEA. These pharmacies include: a New Jersey pharmacy that has pleaded guilty to unlawfully selling controlled substances; another New Jersey pharmacy whose pharmacist-in-charge has been indicted for drug diversion; two pharmacies, one in Florida and one in West Virginia, for which AmerisourceBergen knew the drugs it distributed were likely being sold in parking lots for cash; and, a Colorado pharmacy that AmerisourceBergen knew was its largest purchaser of oxycodone in that state and specifically identified eleven patients as potential “drug addicts” whose prescriptions likely were illegitimate.
“As alleged in the complaint,” U.S. Attorney Sellinger said, “after learning of drug deals in a pharmacy parking lot – the ‘reddest of red flags’ as one AmerisourceBergen employee described – an AmerisourceBergen subsidiary went on shipping thousands of opioids order to that pharmacy and did not report a single one of them to the DEA. Another example: despite telling the DEA that it had ceased selling controlled substances to a New Jersey pharmacy, an AmerisourceBergen subsidiary used a proxy distributor – a straw – to continue funneling hundreds of opioids orders to that same pharmacy. None of those suspicious orders were reported to DEA either. These were not isolated incidents, but are indicative of AmerisourceBergen’s widespread misconduct.”
The complaint further alleges that AmerisourceBergen not only ignored red flags of diversion, but also relied on internal systems to monitor and identify suspicious orders that were deeply inadequate, both in design and implementation. These systems allegedly flagged only a tiny fraction of suspicious orders, thereby enabling diversion and AmerisourceBergen’s failure to report orders it was legally obligated to identify to the DEA. In fact, the complaint asserts that in the midst of the opioid epidemic, AmerisourceBergen intentionally altered its internal systems to reduce the number of controlled substances reported as suspicious. Even for the small percentage of orders that AmerisourceBergen did identify as suspicious, the company routinely failed to report them to the DEA.
The government’s complaint alleges that for years AmerisourceBergen flouted its legal obligations and prioritized profits over the well-being of Americans.
If AmerisourceBergen is found liable, it could face escalating civil penalties depending on when each violation occurred and the type of controlled substance at issue. Specifically: up to $10,000 for each reporting violation before November 2015, up to $16,864 for each violation between November 2015 and October 2018 and for each violation relating to a suspicious order for a non-opioid controlled substance not reported after October 2018 , and up to $109,374 for each violation relating to a suspicious opioid order not reported after October 2018, potentially totaling billions of dollars in penalties. The court also may award injunctive relief to prevent AmerisourceBergen from committing future CSA violations.
The claims made in the complaint are allegations that the United States must prove by a preponderance of the evidence if the case proceeds to trial.
The government is represented by Assistant U.S. Attorneys Hayden M. Brockett and Jordann R. Conaboy for the District of New Jersey, Trial Attorneys Michael Wadden, Amy DeLine, and Deborah Sohn of the Department of Justice Civil Division’s Consumer Protection Branch, Assistant U.S. Attorneys Anthony D. Scicchitano and Landon Jones for the Eastern District of Pennsylvania, Assistant U.S. Attorneys Amanda Rocque and David Moskowitz for the District of Colorado, and Assistant U.S. Attorneys Elliot M. Schachner and Diane Leonardo for the Eastern District of New York. The DEA, under the direction of Special Agent in Charge Gibson in New Jersey, collaborated with the Department to investigate the case.
Department of Justice Files Nationwide Lawsuit Against AmerisourceBergen Corp. and Subsidiaries for Controlled Substances Act ViolationsRead the Press Release
BROOKLYN, NY – In a civil complaint filed today, the Department of Justice alleges that AmerisourceBergen Corporation and two of its subsidiaries, AmerisourceBergen Drug Corporation and Integrated Commercialization Solutions, LLC (together “AmerisourceBergen”), collectively one of the country’s largest wholesale pharmaceutical distributors, violated federal law in connection with the distribution of controlled substances to pharmacies and other customers across the country, contributing to the prescription opioid epidemic.
The complaint alleges that this unlawful conduct resulted in at least hundreds of thousands of violations of the Controlled Substances Act (CSA). The Justice Department seeks civil penalties and injunctive relief.
“AmerisourceBergen, a wholesale drug distributor, flagrantly and repeatedly violated its obligation to notify DEA of suspicious orders for controlled substances, which directly contributed to the epidemic of prescription opioid abuse across the United States,” stated United States Attorney Peace.
“The Department of Justice is committed to holding accountable those who fueled the opioid crisis by flouting the law,” said Associate Attorney General Vanita Gupta. “Companies distributing opioids are required to report suspicious orders to federal law enforcement. Our complaint alleges that AmerisourceBergen—which sold billions of units of prescription opioids over the past decade—repeatedly failed to comply with that requirement.”
“AmerisourceBergen, one of the largest wholesale distributors of opioids in the world, had a legal obligation to report suspicious orders to the Drug Enforcement Administration, and our complaint alleges that the company’s repeated and systemic failure to fulfill this simple obligation helped ignite an opioid epidemic that has resulted in hundreds of thousands of deaths over the past decade,” said DEA Administrator Anne Milgram. “The men and women of the DEA will stop at nothing to hold accountable registrants that fail to uphold their responsibility of saving American lives by filing suspicious order reports.”
To prevent the unlawful distribution of opioids and other controlled substances, the CSA requires that wholesale drug distributors like AmerisourceBergen report suspicious orders of controlled substances to DEA. An order is suspicious if it has an unusual size, deviates substantially from a normal pattern, has an unusual frequency, or carries other signs that the order is suspicious, such as suspicions about the legitimacy of the customers’ business practices.
The complaint filed in the U.S. District Court for the Eastern District of Pennsylvania alleges that over the course of nearly a decade, from 2014 through the present, AmerisourceBergen violated the CSA by failing to report at least hundreds of thousands of suspicious orders of controlled substances to the DEA as required by law. The alleged unlawful conduct includes filling and failing to report numerous orders from pharmacies that AmerisourceBergen knew were likely facilitating diversion of prescription opioids. Today’s filing is the result of a multi-year investigation by the DEA, the Civil Division’s Consumer Protection Branch and several U.S. Attorneys’ Offices.
The government’s complaint specifies several pharmacies for which AmerisourceBergen allegedly was aware of significant “red flags” suggesting the existence of diversion of prescription drugs to illicit markets. The complaint asserts that AmerisourceBergen nevertheless continued to distribute drugs to the pharmacies for years and reported few suspicious orders to the DEA. The five examples include: two pharmacies, one in Florida and one in West Virginia, for which AmerisourceBergen knew the drugs it distributed were likely being sold in parking lots for cash; a New Jersey pharmacy that has pleaded guilty to unlawfully selling controlled substances; another New Jersey pharmacy whose pharmacist-in-charge has been indicted for drug diversion; and a Colorado pharmacy that AmerisourceBergen knew was its largest purchaser of oxycodone 30mg tablets in all of Colorado. The government further alleges that for this Colorado pharmacy, AmerisourceBergen specifically identified eleven patients as potential “drug addicts” whose prescriptions likely were illegitimate. Two of those patients subsequently died of overdoses.
The complaint further alleges that AmerisourceBergen not only ignored red flags of diversion, but also relied on internal systems to monitor and identify suspicious orders that were deeply inadequate, both in design and implementation. These systems allegedly flagged only a tiny fraction of suspicious orders, thereby enabling diversion and AmerisourceBergen’s failure to report orders it was legally obligated to identify to the DEA. In fact, the complaint asserts that in the midst of the opioid epidemic, AmerisourceBergen intentionally altered its internal systems in a way that reduced the number of controlled substances reported as suspicious. Even for the small percentage of orders that AmerisourceBergen did identify as suspicious, the company routinely failed to report them to the DEA.
The government’s complaint alleges that for years AmerisourceBergen flouted its legal obligations and prioritized profits over the well-being of Americans.
If AmerisourceBergen is found liable, it could face escalating civil penalties depending on when each violation occurred and the type of controlled substance at issue. Specifically: up to $10,000 for each reporting violation before November 2015, up to $16,864 for each violation between November 2015 and October 2018 and for each violation relating to a suspicious order for a non-opioid controlled substance not reported after October 2018, and up to $109,374 for each violation relating to a suspicious opioid order not reported after October 2018, potentially totaling billions of dollars in penalties. The court also may award injunctive relief to prevent AmerisourceBergen from committing future CSA violations.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove by a preponderance of the evidence.
The United States is represented in the filed action by Assistant U.S. Attorneys Elliot M. Schachner and Diane Leonardo for the Eastern District of New York, Trial Attorneys Michael Wadden, Amy DeLine, and Deborah Sohn of the Department of Justice Civil Division’s Consumer Protection Branch, Assistant U.S. Attorneys Hayden M. Brockett and Jordann R. Conaboy for the District of New Jersey, Assistant U.S. Attorneys Anthony D. Scicchitano and Landon Jones for the Eastern District of Pennsylvania and Assistant U.S. Attorneys Amanda Rocque and David Moskowitz for the District of Colorado. The DEA collaborated with the Civil Division’s Consumer Protection and the U.S. Attorney’s Offices to investigate the case.
Department of Justice Files Nationwide Lawsuit Against AmerisourceBergen Corp. and Subsidiaries for Controlled Substances Act ViolationsRead the Press Release
PHILADELPHIA – U.S. Attorney Jacqueline C. Romero, together with Associate Attorney General for the Department of Justice Vanita Gupta, U.S. Attorneys for the Districts of New Jersey, Colorado and Eastern New York, and representatives from the DEA and Justice Department’s Civil Division’s Consumer Protection Branch, announced that the Department of Justice filed a civil complaint today alleging that AmerisourceBergen Corporation and two of its subsidiaries, AmerisourceBergen Drug Corporation and Integrated Commercialization Solutions, LLC (together “AmerisourceBergen”), collectively one of the country’s largest wholesale pharmaceutical distributors and one of the largest companies in America by revenue, violated federal law in connection with the distribution of controlled substances to pharmacies and other customers across the country, thereby contributing to the prescription opioid epidemic.
The complaint alleges that this unlawful conduct resulted in at least hundreds of thousands of violations of the Controlled Substances Act (CSA). The Justice Department seeks civil penalties and injunctive relief.
“Companies like AmerisourceBergen that sell controlled substances across the country have a significant responsibility to ensure that their product is handled appropriately and that they comply with their federal legal obligations,” said U.S. Attorney Romero. “The allegations against AmerisourceBergen are disturbing, especially for a company that is headquartered only a few miles from neighborhoods in Philadelphia devastated by the opioid epidemic. This lawsuit sends a strong message to the community that companies who fail to comply with their controlled substance legal obligations will be held accountable.”
“The Department of Justice is committed to holding accountable those who fueled the opioid crisis by flouting the law,” said Associate Attorney General Vanita Gupta. “Companies distributing opioids are required to report suspicious orders to federal law enforcement. Our complaint alleges that AmerisourceBergen—which sold billions of units of prescription opioids over the past decade—repeatedly failed to comply with that requirement.”
“AmerisourceBergen, one of the largest wholesale distributors of opioids in the world, had a legal obligation to report suspicious orders to the Drug Enforcement Administration, and our complaint alleges that the company’s repeated and systemic failure to fulfill this simple obligation helped ignite an opioid epidemic that has resulted in hundreds of thousands of deaths over the past decade,” said DEA Administrator Anne Milgram. “The men and women of the DEA will stop at nothing to hold accountable registrants that fail to uphold their responsibility of saving American lives by filing suspicious order reports.”
Pharmaceutical distributors that sell controlled substances, including AmerisourceBergen, have a longstanding legal obligation to monitor the orders that they receive from pharmacies and other customers and must inform the Drug Enforcement Administration (DEA) each and every time they receive a suspicious order.
The complaint filed in the U.S. District Court for the Eastern District of Pennsylvania alleges that over the course of nearly a decade, from 2014 through the present, AmerisourceBergen violated the CSA by failing to report at least hundreds of thousands of suspicious orders of controlled substances to the DEA as required by law. The alleged unlawful conduct includes filling and failing to report numerous orders from pharmacies that AmerisourceBergen knew were likely facilitating diversion of prescription opioids. Today’s filing is the result of a multi-year investigation by the DEA, the Civil Division’s Consumer Protection Branch and several U.S. Attorneys’ Offices.
“For years, AmerisourceBergen put its profits from opioid sales over the safety of Americans” U.S. Attorney for the District of New Jersey Philip R. Sellinger said. “According to the Complaint, this was part of a brazen, blatant, and systemic failure by one of the largest companies in America to comply with its obligations to report suspicious opioid orders, contributing to the epidemic of opioid abuse throughout this country.”
“AmerisourceBergen, a wholesale drug distributor, flagrantly and repeatedly violated its obligation to notify DEA of suspicious orders for controlled substances, which directly contributed to the epidemic of prescription opioid abuse across the United States,” stated U.S. Attorney for the Eastern District of New York Breon Peace.
“When drug distributors like AmerisourceBergen fail to alert the DEA of suspicious orders of prescription drugs by pharmacies, they shirk a key obligation in dealing with addictive drugs that can end lives. This complaint makes clear that the Department of Justice will continue to hold accountable corporations that disregard the public’s safety for their own profit,” said U.S. Attorney for the District of Colorado Cole Finegan.
The government’s complaint specifies several pharmacies for which AmerisourceBergen allegedly was aware of significant “red flags” suggesting the existence of diversion of prescription drugs to illicit markets. The complaint asserts that AmerisourceBergen nevertheless continued to distribute drugs to the pharmacies for years and reported few suspicious orders to the DEA. The five examples include: two pharmacies, one in Florida and one in West Virginia, for which AmerisourceBergen knew the drugs it distributed were likely being sold in parking lots for cash; a New Jersey pharmacy that has pleaded guilty to unlawfully selling controlled substances; another New Jersey pharmacy whose pharmacist-in-charge has been indicted for drug diversion; and a Colorado pharmacy that AmerisourceBergen knew was its largest purchaser of oxycodone 30mg tablets in all of Colorado. The government further alleges that for this Colorado pharmacy, AmerisourceBergen specifically identified eleven patients as potential “drug addicts” whose prescriptions likely were illegitimate. Two of those patients subsequently died of overdoses.
The complaint further alleges that AmerisourceBergen not only ignored red flags of diversion, but also relied on internal systems to monitor and identify suspicious orders that were deeply inadequate, both in design and implementation. These systems allegedly flagged only a tiny fraction of suspicious orders, thereby enabling diversion and AmerisourceBergen’s failure to report orders it was legally obligated to identify to the DEA. In fact, the complaint asserts that in the midst of the opioid epidemic, AmerisourceBergen intentionally altered its internal systems in a way that reduced the number of controlled substances reported as suspicious. Even for the small percentage of orders that AmerisourceBergen did identify as suspicious, the company routinely failed to report them to the DEA.
The government’s complaint alleges that for years AmerisourceBergen flouted its legal obligations and prioritized profits over the well-being of Americans.
If AmerisourceBergen is found liable, it could face escalating civil penalties depending on when each violation occurred and the type of controlled substance at issue. Specifically: up to $10,000 for each reporting violation before November 2015, up to $16,864 for each violation between November 2015 and October 2018 and for each violation relating to a suspicious order for a non-opioid controlled substance not reported after October 2018, and up to $109,374 for each violation relating to a suspicious opioid order not reported after October 2018, potentially totaling billions of dollars in penalties. The court also may award injunctive relief to prevent AmerisourceBergen from committing future CSA violations.
The United States is represented in the filed action by Assistant U.S. Attorneys Anthony D. Scicchitano and Landon Jones for the Eastern District of Pennsylvania, in conjunction with Trial Attorneys Michael Wadden, Amy DeLine, and Deborah Sohn of the Department of Justice Civil Division’s Consumer Protection Branch, Assistant U.S. Attorneys Hayden Brockett and Jordann Conaboy for the District of New Jersey, Assistant U.S. Attorneys Amanda Rocque and David Moskowitz for the District of Colorado, and Assistant U.S. Attorneys Elliot M. Schachner and Diane Leonardo for the Eastern District of New York. The DEA collaborated with the Department to investigate the case.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove by a preponderance of the evidence.
Department of Justice Awards over $46 Million in Grants to Support Public Safety Efforts in NevadaRead the Press Release
LAS VEGAS – The Department of Justice has awarded $46,438,846 in grants to various Nevada entities to support victims’ services and public safety efforts, announced United States Attorney Jason M. Frierson.
“These grant awards totaling more than $46 million represent the Justice Department’s commitment to provide the support and resources needed to keep Nevada’s communities safer for all to live and work,” said U.S. Attorney Frierson. “The U.S. Attorney’s Office will work closely with partners throughout the Battle Born State to build safer communities.”
From August to December, Nevada entities were awarded the following grants from the Office of Justice Programs (OJP) and its components:
- Office for Victims of Crime:
- The Division of Child & Family Services was awarded $2,252,000, as part of the OVC FY 2022 Invited to Apply - Administrative Funding Adjustment to Previously Funded FY2019 VOCA Victim; $2,349,000, as part of the OVC FY 2022 VOCA Victim Compensation Formula Grant; and $13,690,070, as part of the OVC FY 2022 VOCA Victim Assistance Formula Grant.
- The Inter-Tribal Council of Nevada was awarded $3,766,170, as part of the OVC FY 2022 Invited to Apply Tribal Victim Services Set-Aside Formula Grant Program.
- Washoe County was awarded $100,000, as part of the OVC FY 2023 Emergency and Transitional Pet Shelter and Housing Assistance Grant Program.
- The National Council of Juvenile and Family Court Judges was awarded $1,000,000, as part of the OVC FY 2022 Field-Generated Strategies to Address the Criminalization of Minor Victims of Sex Trafficking.
Total: $23,157,240
- Office of Juvenile Justice Delinquency Prevention:
- The Division of Child & Family Services was awarded $610,587, as part of the OJJDP FY 2021 Title II Formula Grants Program, and $608,073, as part of the OJJDP FY 2022 Title II Formula Grants Program FY 2022 Title II Grant Solicitation Year 2 of the 3-Year Plan.
- The National Council of Juvenile and Family Court Judges was awarded $3,556,559, as part of the OJJDP FY 2022 Invited to Apply - Training and Technical Assistance - Child Abuse Training for Judicial and Court.
- The Shoshone-Paiute Tribes was awarded $998,788, as part of the OJJDP FY 2022 Enhancing School Capacity to Address Youth Violence.
- Sunrise Health Clinics LLC was awarded $750,000, as part of the OJJDP FY 2022 Family-Based Alternative Sentencing Program.
- The Las Vegas Metropolitan Police Department was awarded $433,341, as part of the OJJDP FY 2022 Invited to Apply – Internet Crimes Against Children (ICAC) Task Forces.
Total: $6,957,348
- Bureau of Justice Assistance:
- The City of Las Vegas was awarded $790,681, as part of the BJA FY 22 Swift, Certain, and Fair (SCF) Supervision Program: Applying the Principles Behind Project HOPE.
- The Walker River Paiute Tribe was awarded $897,205, as part of the U.S. Department of Justice Coordinated Tribal Assistance Solicitation Fiscal year 2022 Competitive Grant.
- The Las Vegas Metropolitan Police Department was awarded $771,669, as part of the FY 22 DNA Capacity Enhancement for Backlog Reduction (CEBR) Program (Formula).
- The Washoe County Sheriff’s Office was awarded $400,000, as part of the FY 22 DNA Capacity Enhancement for Backlog Reduction (CEBR) Program (Formula).
- The Nevada Department of Public Safety was awarded $21,681, as part of the BJA FY 22 Invited to Apply — Prison Rape Elimination Act (PREA) Reallocation Funds Program; $235,000, as part of the BJA FY 22 Invited to Apply – Byrne Discretionary Community Project Funding/Byrne Discretionary Grants Program; $2,176,692, as part of the BJA FY 22 Edward Byrne Memorial Justice Assistance Grant Program - State Solicitation; $443,630, as part of the BJA FY 22 Residential Substance Abuse Treatment for State Prisoners Program Formula Grant Solicitation; and $196,253, as part of BJA FY 22 Project Safe Neighborhoods.
- The City of Henderson was awarded $1,314,350, as part of the BJA FY 22 Comprehensive Opioid, Stimulant, and Substance Abuse Site-based Program.
- The City of North Las Vegas was awarded $1,300,000, as part of the BJA FY 22 Comprehensive Opioid, Stimulant, and Substance Abuse Site-based Program, and $699,468, as part of the BJA FY 22 Veterans Treatment Court Discretionary Grant Program.
- Clark County was awarded $749,924, as part of the BJA FY 22 Veterans Treatment Court Discretionary Grant Program.
- The Fallon Paiute Shoshone Tribes of the Fallon Reservation & Colony was awarded $549,211, as part of the BJA FY 22 Connect and Protect: Law Enforcement Behavioral Health Response Program.
- The Nevada Department of Education was awarded $1,985,347, as part of the BJA FY 22 Preventing School Violence: BJA’s STOP School Violence Program.
Total: $12,531,111
- National Institute of Justice:
- The National Council of Juvenile and Family Court Judges was awarded $2,400,000, as part of the NIJ FY22 National Juvenile Justice Data Analysis Program.
Total: $2,400,000
- Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking:
- The Nevada Department of Public Safety was awarded $200,000, as part of the SMART FY 2022 Support for Adam Walsh Act Implementation Grant Program.
Total: $200,000
Further, Nevada entities have been awarded the following grants from the Office of Violence Against Women (OVW):
- Washoe Legal Services Inc. was awarded $600,000, as part of Fiscal year 2022 Legal Assistance for Victims (LAV) Grant Program Awards.
- The Nevada Office of Attorney General was awarded $593,147, as part of the 2022 OVW Sexual Assault Services Formula Program Grant Awards.
Total: $1,193,147
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OJP provides federal leadership, grants, training, technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at: www.ojp.gov.
The Office on Violence Against Women provides federal leadership in developing the national capacity to reduce violence against women and administer justice for and strengthen services to victims of domestic violence, dating violence, sexual assault, and stalking. More information about OVW can be found at: www.justice.gov/ovw.
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- Office for Victims of Crime:
Bookkeeper Pleads Guilty to Embezzling over $29 MillionRead the Press Release
A Texas woman pleaded guilty today in the Eastern District of Texas for a scheme to embezzle at least $29 million from her employer – a charitable foundation and several other companies run by a Dallas family.
According to court documents, Barbara Chalmers, 74, of Lewisville, admitted that starting in at least 2012, she abused her position as bookkeeper for the family’s companies and her signatory authority over the companies’ bank accounts to fraudulently write herself at least 175 checks, which she deposited into her personal accounts. In order to conceal her fraudulent conduct, she provided false paperwork to tax preparers misstating the year-end cash-on-hand numbers for the various accounts from which she was embezzling. She used more than $25 million of the stolen money to fund a construction business for which she was the president.
Chalmers pleaded guilty to one count of money laundering and faces a maximum penalty of 10 years in prison at sentencing. A sentencing date has not yet been scheduled. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Brit Featherston for the Eastern District of Texas, Assistant Director Luis Quesada of the FBI Criminal Investigative Division, and Acting Special Agent in Charge James J. Dwyer of the FBI Dallas Field Office made the announcement.
The FBI is investigating the case.
Trial Attorneys Vasanth Sridharan and Lucy Jennings of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Texas are prosecuting the case.
Anchorage Man Indicted on 8 Counts of Producing Child PornographyRead the Press Release
ANCHORAGE – A federal grand jury in Alaska returned an indictment charging an Anchorage man with eight counts of sexual exploitation of a child – production of child pornography and one count of possession of child pornography.
According to court documents, between July 2018 and August 2021, Michael Vernon Ross, 31, allegedly used and coerced a minor to engage in sexually explicit conduct for the purpose of producing child pornography.
If the public has any further information regarding Ross’s activities, please contact the FBI Anchorage Field Office at 907-276-4441.
minimum sentence of 15 to 30 years in prison on each count of production of child pornography. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney S. Lane Tucker of the District of Alaska made the announcement.
The FBI and Anchorage Police Department are investigating the case.
Assistant U.S. Attorneys Seth Brickey-Smith and Adam Alexander are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), 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.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Wednesday 28 December 2022
Worcester Man Indicted for Sending Obscene Material to a MinorRead the Press Release
BOSTON – A Worcester man has been indicted by a federal grand jury for allegedly transferring obscene material to a 14-year-old minor over social media.
Andrew James Gallagher, 28, was indicted on one count of transfer of obscene material to a minor. He was arraigned in federal court in Worcester on Dec. 23, 2022 before U.S. District Court Magistrate Judge David H. Hennessy and released on conditions. Gallagher was previously charged by criminal complaint on Dec. 5, 2022 and arrested the following day.
According to the charging document, in April 2022, Gallagher contacted the victim using a social media platform. It is alleged that Gallagher asked, “are you underage at all?” to which the minor victim replied identifying himself as 14 years old. Gallagher then allegedly sent two obscene images of himself to the minor victim, expressed interest in meeting with the minor victim in person and asked the minor victim to send an explicit video of himself to Gallagher.
The charge of transfer of obscene material to a minor provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Worcester Police Chief Steven M. Sargent; and Matthew B. Millhollin, Special Agent in Charge of the Homeland Security Investigation’s in New England made the announcement. Valuable assistance was provided by the Federal Bureau of Investigation, Omaha Division. Assistant U.S. Attorney Kristen Noto of Rollins’ Worcester Branch Office is prosecuting the case.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Violent Armed Drug Dealer from Fayetteville Sentenced to over 7 Years in PrisonRead the Press Release
NEW BERN, N.C. – Kendale Tyrone Strange, 45, of Cumberland County, was sentenced to 86 months in prison today for possessing a firearm as a felon. The gun that Strange illegally possessed was previously used in a violent assault.
On February 27, 2020, the Fayetteville Police Department received a report of a shooting at a McDonald’s parking lot. Upon further investigation, Strange was identified striking another person in the head with a handgun. The handgun went off and the resulting spent shell casing was collected as evidence.
A parallel drug investigation showed consistent drug trafficking activity at Strange’s house on School Street in Fayetteville. On March 18, 2020, a search warrant was executed. During the search warrant, a handgun was recovered from the trunk of Strange’s car. Ballistic analysis showed that the handgun in the trunk of the car was the same handgun used during the assault in the McDonald’s parking lot.
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 Fayetteville Police Department, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms & Explosives investigated the case and Assistant U.S. Attorneys Tyler Lemons and Nicholas Hartigan 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. 5:20-cr-00217-FL-4.
U.S. Attorney’s Office Collects $16,323,043.41 in Civil and Criminal Actions in Fiscal Year 2022Read the Press Release
RALEIGH, N.C. – U.S. Attorney Michael Easley announced today that the Eastern District of North Carolina collected $16,323,043.41 in criminal and civil actions in Fiscal Year 2022. Of this amount, $12,196,251.65 was collected in criminal actions and $4,126,791.76 was collected in civil actions.
“We are committed to using every tool available to aggressively collect restitution for victims, criminal fines, and recover taxpayer dollars lost to fraud and owed to government agencies,” said Mr. Easley. “We are proud of the men and women in our office who have worked so hard to ensure justice through their collection efforts. They are to be congratulated for their tremendously successful efforts.”
Some significant collections included: In August 2022, the Eastern District of North Carolina collected over $360,000 from Yousef Kaid. Although not the District’s largest monthly collection total, it was the result of significant enforcement action, netted a substantial sum for the victims of Kaid’s crimes, and epitomizes the office’s dogged pursuit of criminal monetary penalties. https://www.justice.gov/usao-ednc/pr/nine-arrested-conspiracy-traffic-contraband-cigarettes
In January and June 2022, the Eastern District of North Carolina collected a total of $1.5 million from Margaret Gibson. Those payments were the result of a settlement agreement resolving False Claims Act allegations against her. https://www.justice.gov/usao-ednc/pr/north-carolina-durable-medical-equipment-corporation-sentenced-10-million-healthcare
Additionally, the Eastern District of North Carolina worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $25,900.61 in cases pursued jointly by these offices. Of this amount, $25,300.61 was collected in criminal actions and $600.00 was collected in civil actions.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Additionally, the U.S. Attorney’s office in the Eastern District of North Carolina, working with partner agencies and divisions, collected $16,891,175.00 in asset forfeiture actions in FY 2022. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
State Prisoner Pleads Guilty to Threatening to Kill Federal JudgeRead the Press Release
Jacksonville, Florida –United States Attorney Roger B. Handberg announces that Curtis Brown (35, Raiford) has pleaded guilty to threatening to murder a federal judge in retaliation for performing his official duties and mailing a letter to a federal judge threatening to kill the judge and his family. Brown faces a maximum penalty of 10 years in federal prison on each count. A sentencing date has not yet been set.
According to court documents, Brown was in the Florida State Prison in Raiford serving a state sentence when he sent a letter dated November 30, 2021, to a federal judge’s chambers. The letter was handwritten, addressed to the judge from Brown, and indicated it was sent in retaliation. The letter stated that the judge’s “recent refusal to grant warranted relief” gave Brown no other choice but to use his federal stimulus money to pay for someone to kill the judge. Brown stated that if he could not get to the judge in time, he would settle for a member of the judge’s family. The letter was signed by Brown and beneath his signature was a statement that the letter better stay between them, or it would get worse.
This case was investigated by the United States Marshals Service and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Kirwinn Mike and Ashley Washington.
Sioux Falls Man Sentenced to over 12 Years for Meth ConspiracyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on December 19, 2022.
EJ Medina, 42, was sentenced to 12 years and seven months in federal prison, followed by five years of supervised release. He was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Medina was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in October of 2021. He pleaded guilty on September 19, 2022.
Beginning on an unknown date and continuing to on or about October of 2021, in the District of South Dakota and elsewhere, Medina conspired to distribute 500 grams or more of a mixture and substance containing methamphetamine, a Schedule II controlled substance. He was involved in a wide-ranging conspiracy, which was responsible for trafficking methamphetamine from Oregon to the Sioux Falls area. After being indicted, Medina rammed his vehicle into the vehicle of Deputy U.S. Marshals who were attempting to arrest him, and then fled on foot. The deputies caught Medina and placed him under arrest.
This case was investigated by the Sioux Falls Police Department and the Drug Enforcement Administration. Assistant U.S. Attorney Mark Hodges prosecuted the case.
Medina was immediately remanded to the custody of the U.S. Marshals Service.
Schenectady Man Sentenced to More Than 20 Years for Sexually Exploiting a ChildRead the Press Release
ALBANY, NEW YORK – Keith Mussenden, age 39, of Schenectady, New York, was sentenced today to 262 months in prison for sexually exploiting a child, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Mussenden admitted that between June 2019 and February 2020, he exchanged messages through multiple social media applications with the victim, a then-14-year-old girl who resided outside of New York. Through these messages, Mussenden persuaded, induced, and enticed the victim to take sexually explicit images of herself and send them to him over the Internet. Mussenden also sent the victim pictures of his penis in the hopes of obtaining sexually explicit images of the victim in return. Mussenden further engaged in livestreamed video chats with the victim during which he requested that the victim perform sexual acts while he also engaged in sexual acts.
United States District Judge Mae A. D’Agostino also imposed a 20-year term of supervised release, which will start after Mussenden is released from prison, and ordered total restitution in the amount of $3,057.35. Mussenden will also be required to register as a sex offender upon his release from prison.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of the Rotterdam Police Department and the New York State Police. The FBI’s Atlanta Field Office assisted in this investigation. This case was prosecuted by Assistant United States Attorney Rachel L. Williams and Dustin C. Segovia as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Rapid City Woman Sentenced for Drug TraffickingRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on December 12, 2022.
Stevie Williams, 39, was sentenced to 14 years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Williams was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in March of 2021. She pleaded guilty on August 19, 2022.
During the conspiracy, methamphetamine was trafficked into South Dakota from Arizona and Mexico through arrangements made with Williams and others in the conspiracy. Williams was responsible for sending large amounts of money through the U.S. Postal Service, UPS, and other mail carriers for the methamphetamine that was received. The methamphetamine was then dispersed to others for use and further distribution. Others charged in the conspiracy are awaiting sentencing or trial.
This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Gina S. Nelson prosecuted the case.
Williams was immediately remanded to the custody of the U.S. Marshals Service.
Norwalk Man Sentenced to 12 Years in Federal Prison for Drug OffensesRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that TAJH WILEY, also known as “Yung,” 27, of Norwalk, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 144 months of imprisonment, followed by four years of supervised release, for drug trafficking offenses.
This matter stems from an investigation led by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force into a drug trafficking organization headed by Wiley. The investigation, which included a court-authorized wiretap of Wiley’s phone, revealed that Wiley conspired to distribute large quantities of fentanyl, cocaine and marijuana and distributed drugs throughout Connecticut and elsewhere with the assistance of several associates.
Wiley was arrested on June 9, 2021. In association with his arrest and the arrest of seven of his co-conspirators investigators executed multiple search warrants and seized approximately a kilogram of fentanyl, a kilogram of cocaine, approximately 83 grams of crack cocaine, more than 12 pounds of marijuana, two press machines and other items and materials used by Wiley and his co-conspirators to process and package illegal drugs. Investigators also seized from Wiley jewelry valued at more than $100,000, and a 2021 Mercedes-Benz valued at approximately $146,000.
On July 25, 2022, a jury found Wiley guilty of one count of conspiracy to distribute and to possess with intent to distribute fentanyl, 500 grams or more of cocaine, and marijuana, and one count of possession with intent to distribute cocaine base (“crack cocaine”).
Wiley has been detained since his arrest.
This investigation was conducted by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force, Federal Bureau of Investigation, Bridgeport Police Department, Fairfield Police Department, Norwalk Police Department, Stamford Police Department, Stratford Police Department, Yonkers (New York) Police Department and the U.S. Marshals Service. The HIDTA Task Force includes personnel from the DEA Bridgeport Resident Office, the Connecticut State Police, and the Bridgeport, Norwalk, Stamford, Stratford, Milford and Danbury Police Departments.
This case is being prosecuted by Assistant U.S. Attorneys Patrick J. Doherty, Robert S. Dearington, Margaret M. Donovan and Elena L. Coronado 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.
NH Man Pleads Guilty to Violent Home Invasion in YorkRead the Press Release
PORTLAND, Maine: A Hooksett, New Hampshire man pleaded guilty in U.S. District Court in Portland today to conspiracy and robbery charges stemming from a violent home invasion in York.
According to court records, in August 2019, Derek Daprato, 34, and three other co-conspirators met in Hooksett, New Hampshire and planned a home invasion of a York residence to rob marijuana and marijuana sale proceeds from the home’s resident. The group traveled to the York residence where two co-conspirators, armed with handguns and wearing masks, waited in the woods for the victim to return home. When the victim arrived home, accompanied by two others, a violent physical altercation ensued. During the fight, a firearm was discharged, and the bullet struck the victim in the lower abdomen. The two co-conspirators fled. Police arrived approximately 15 minutes later, and the victim was rushed to the hospital where he underwent surgery to remove a .45 caliber bullet from his lower abdomen.
Daprato faces a period of imprisonment of up to 20 years on the conspiracy charge and up to 20 years on the robbery charge. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI, in conjunction with the York Police Department and the York County Sheriff’s Office, investigated the case.
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Lincoln Man Sentenced to 3 Years as a Drug User in Possession of a FirearmRead the Press Release
United States Attorney Steven Russell announced that Jakerrius Jachun Gill, 23, of Lincoln, Nebraska, was sentenced on December 27, 2022, by United States District Court Judge John M. Gerrard to a term of 36 months’ imprisonment following his conviction for being an unlawful user of a controlled substance who possessed firearms. After he completes his prison sentence, Gill will also serve three years on supervised release. There is no parole in the federal system. Gill pleaded guilty to the offense on September 20, 2022.
On June 2, 2021, Gill was contacted by an officer with the Lincoln Police Department (LPD). The officer detected the odor of marijuana coming from a car in which the defendant had been riding earlier. Marijuana was located in the car. Pills that had the appearance and markings of Oxycodone were found in the vehicle. (The pills were later discovered to be counterfeit and did not contain any controlled substances.) In a subsequent interview, Gill admitted to having purchased the pills from a woman near the area of 27th and Dudley Streets in Lincoln.
On July 11, 2021, Gill was driving a vehicle when he was stopped by an LPD officer. The officer detected the odor of burnt marijuana coming from the vehicle. The officer searched the car and found a Glock model 22, .40 caliber handgun concealed underneath the floor mat on the driver’s side of the vehicle.
A search warrant was executed at the defendant’s residence in Lincoln on November 16, 2021. Among the items located by police were drug paraphernalia, Oxycodone pills, and marijuana.
On January 13, 2022, another search warrant was executed at Gill’s residence. Among the items located by police were an AR-style rifle, a FN pistol, the frame of a Glock handgun, prescription pill bottles, and marijuana.
This case was investigated by the Lincoln Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and was part of Project Safe Neighborhood (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Gas Station Shooting Leads to Federal Firearm ChargesRead the Press Release
DETROIT – A shooting in broad daylight at a gas station in Detroit has led to federal firearm charges, United States Attorney Dawn N. Ison announced today.
Ison was joined in the announcement by Acting Special Agent in Charge Craig Kailimai, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
James Taylor, age 27, of Detroit, MI, was arraigned today on an indictment that charged him with two counts of being a felon in possession of a firearm, and one count of felon in possession of ammunition. Each count carries a maximum of 10 years imprisonment. The defendant was ordered detained pending trial. The case has been assigned to the Honorable Robert H. Cleland, U.S. District Court Judge, Eastern District of Michigan.
The charges in this case stem from an incident on April 25, 2022. According to an affidavit filed in the case, just after 7:00 pm, Taylor was caught on a surveillance camera firing shots at the driver of another vehicle at a gas station located near Livernois and Waverly Street in Detroit. After the other driver fled from his vehicle, Taylor circled around the gas station several times in an apparent effort to look for the other driver. Taylor then took the other driver’s car from the gas station. Fortunately, no one was injured during the incident. Taylor, who was on pretrial release in Wayne County for a different felony offense, was on tether at the time of the shooting.
“The type of brazen behavior alleged in this case is shocking, and it is a miracle that someone was not injured or killed,” U.S. Attorney Ison said. “We will not tolerate it any longer. My office will work closely with our federal partners, the Wayne County Prosecutor’s Office, and the Detroit Police Department to ensure the most violent are taken off the street. This is an example of that type of coordination.”
“Crime gun intelligence utilized in this case illustrates ATF’s priorities on effectively identifying and removing violent criminals from our communities,” said Acting Special Agent in Charge Craig Kailimai. “The efforts of our federal, state, tribal, and local partnerships have had a significant impact on reducing the threat of gun violence.”
The United States Attorney’s Office and the ATF are focused on prosecuting those individuals who are using firearms to commit violent acts against people in the Eastern District of Michigan. The strategy is a part of the United States Attorney’s Office’s Project Safe Neighborhoods (PSN) initiative. PSN continues to be the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders works together to identify the most pressing violent crime problems and develop comprehensive solutions to address them. PSN is an evidence-based program that focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs to pursue lasting reductions in crime.
An indictment is only a formal charging document and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
This case was investigated by ATF with the assistance from the Detroit Police Department. The case is being prosecuted by Assistant U.S. Attorneys assigned to the Violent and Organized Crime Unit within the U.S. Attorney’s Office for the Eastern District of Michigan.
Former Greene County Man Indicted in Project Safe Childhood CaseRead the Press Release
PITTSBURGH - A former resident of Waynesburg, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of Travel With Intent to Engage in Illicit Sexual Conduct, Transportation With Intent to Engage in Criminal Sexual Activity, and Receipt and Attempted Receipt of Material Depicting the Sexual Exploitation of a Minor, United States Attorney Cindy K. Chung announced today.
The three-count Indictment, returned on Dec. 13, 2022, named James Jordan, age 30, as the sole defendant.
According to the Indictment, from Jan. 11, 2022, until Jan. 12, 2022, Jordan traveled in interstate commerce to engage in any illicit sexual conduct a minor and also transported the minor from the Commonwealth of Pennsylvania to the State of West Virginia, with the intent that the minor engage in criminal sexual activity. Further, on Nov. 18, 2021, Jordan knowingly received and attempted to received visual depictions of a minor, via interstate commerce; namely, several digital files, the production of which involved the use of a minor engaging in sexually explicit conduct, and which depicted a minor engaging in sexually explicit conduct.
The law provides for a maximum total sentence of life imprisonment, a fine of $750,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Heidi M. Grogan is prosecuting this case on behalf of the government.
The Department of Homeland Security—Pittsburgh, the Pennsylvania Office of Attorney General, the Pennsylvania State Police, the Waynesburg Police Department, and the Lewisburg (WV) Police Department conducted the investigation leading to the Indictment in this case.
An 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.
Five People Charged with Fentanyl Distribution Connected to Mesa County Jail Inmate’s DeathRead the Press Release
GRAND JUNCTION – The United States Attorney’s Office for the District of Colorado announces a federal grand jury has returned indictments charging Jeremiah Wesley Robinson, age 42; Efrain Velez, age 34; Vanessa Vasquez, age 33; Anna Munday, age 28; and Karlie Locke, age 29, with distribution of fentanyl that resulted in the death of an inmate in the Mesa County jail on May 21, 2022.
According to the two recently unsealed indictments:
- Jeremiah Robinson is charged with conspiracy to distribute and possession with intent to distribute methamphetamine and fentanyl resulting in death and distribution and possession with intent to distribute fentanyl resulting in death.
- Efrain Velez is charged with conspiracy to distribute and possession with intent to distribute methamphetamine and fentanyl resulting in death and distribution of fentanyl resulting in death.
- Vanessa Vasquez is charged with conspiracy to distribute and possession with intent to distribute methamphetamine and fentanyl resulting in death, conspiracy to distribute and possess with intent to distribute fentanyl resulting in death, and distribution of fentanyl resulting in death.
- Anna Munday is charged with conspiracy to distribute and possession with intent to distribute methamphetamine and fentanyl resulting in death, conspiracy to distribute and possess with intent to distribute fentanyl resulting in death, and distribution of fentanyl resulting in death.
- Karlie Locke is charged with conspiracy to distribute and possession with intent to distribute fentanyl resulting in death and distribution of fentanyl resulting in death
All counts carry a mandatory minimum of 20 years and up to life in prison.
The charges contained in the indictment are allegations and the defendants are presumed innocent unless and until proven guilty.
The Drug Enforcement Administration (DEA) Rocky Mountain Division and the Mesa County Sheriff's Office are investigating this case. Assistant United States Attorneys J.D. Rowell and Jeffrey Graves are handling the prosecution.
CASE NUMBERS: 22-cr-00309 and 22-cr-00232
Final Defendant in Michigan Governor Kidnapping Plot Sentenced to over 19 Years in PrisonRead the Press Release
Barry Croft Jr., 47, of Bear, Delaware, was sentenced today to 235 months in prison followed by five years of supervised release for conspiracy to kidnap the Governor of Michigan, conspiracy to use weapons of mass destruction against persons or property, and knowingly possessing an unregistered destructive device, which was a commercial firework refashioned with shrapnel to serve as a hand-grenade.
Croft was convicted by a federal jury in August 2022 during an 11-day retrial. According to court documents and evidence presented at trial, Croft and others intended to kidnap Governor Gretchen Whitmer from her vacation cottage near Elk Rapids, Michigan, and use the destructive devices to facilitate their plot by harming and hindering the governor’s security detail and any responding law enforcement officers. They specifically explored placing a bomb under an interstate overpass near a pedestrian boardwalk. A jury in an earlier trial was unable to reach a verdict.
Croft is the final defendant to be sentenced for his role in the plot.
Co-defendant Adam Fox, 39, of Wyoming, Michigan, was sentenced yesterday to 16 years in prison followed by five years of supervised release for his role in the conspiracy. Ty Garbin, 27, of Hartland, Michigan, pleaded guilty in January 2021 and initially received a sentence of 75 months, or over six years, in prison. The district court later reduced that sentence to a term of 30 months, or two and a half years in prison, after fully considering his cooperation at both trials. Kaleb Franks, 28, of Waterford, Michigan, received a term of four years in prison after pleading guilty and testifying at both trials. Co-defendants Daniel Harris and Brandon Caserta were acquitted at the first trial in April 2022.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, Former U.S. Attorney Andrew Birge for the Western District of Michigan, appointed to oversee the trial, Assistant Director Robert R. Wells of the FBI’s Counterterrorism Division and Special Agent in Charge James A. Tarasca of the FBI Detroit Field Office made the announcement.
The FBI’s Detroit Field Office investigated the case with valuable assistance provided by the FBI’s Baltimore Field Office and the Joint Terrorism Task Force, including Michigan State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The U.S. Attorney’s Office for the Western District of Michigan charged the case and conducted the trials, with valuable assistance provided by the National Security Division’s Counterterrorism Section.
Final Defendant in Michigan Governor Kidnapping Plot Sentenced to 235 Months in PrisonRead the Press Release
GRAND RAPIDS – Barry Croft Jr., 47, of Bear, Delaware, was sentenced today to 235 months (19 years 7 months) in prison followed by five years of supervised release for conspiracy to kidnap the Governor of Michigan, conspiracy to use weapons of mass destruction against persons or property, and knowingly possessing an unregistered destructive device, which was a commercial firework refashioned with shrapnel to serve as a hand-grenade.
Croft was convicted by a federal jury in August 2022 during an 11-day retrial. According to court documents and evidence presented at trial, Croft and others intended to kidnap Governor Gretchen Whitmer from her vacation cottage near Elk Rapids, Michigan, and use the destructive devices to facilitate their plot by harming and hindering the governor’s security detail and any responding law enforcement officers. They specifically explored placing a bomb under an interstate overpass near a pedestrian boardwalk. A jury in an earlier trial was unable to reach a verdict.
Croft is the final defendant to be sentenced for his role in the plot.
Co-defendant Adam Fox, 39, of Wyoming, Michigan, was sentenced yesterday to 16 years in prison followed by five years of supervised release for his role in the conspiracy. Ty Garbin, 27, of Hartland, Michigan, pleaded guilty in January 2021 and initially received a sentence of 75 months, or over six years, in prison. The district court later reduced that sentence to a term of 30 months, or two and a half years in prison, after fully considering his cooperation at both trials. Kaleb Franks, 28, of Waterford, Michigan, received a term of four years in prison after pleading guilty and testifying at both trials. Co-defendants Daniel Harris and Brandon Caserta were acquitted at the first trial in April 2022.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, Former U.S. Attorney Andrew Birge for the Western District of Michigan, appointed to oversee the trial, and Assistant Director Robert R. Wells of the FBI’s Counterterrorism Division made the announcement.
The FBI’s Detroit Field Office investigated the case with valuable assistance provided by the FBI’s Baltimore Field Office and the Joint Terrorism Task Force, including Michigan State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The U.S. Attorney’s Office for the Western District of Michigan charged the case and conducted the trials, with valuable assistance provided by the National Security Division’s Counterterrorism Section.
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Dominican Man Indicted for Illegally Reentering the United States and Distributing FentanylRead the Press Release
BOSTON – A Dominican man has been indicted by a federal grand jury for allegedly reentering the United States and distributing fentanyl after previously being deported.
Juan Carlos Santos-Ocasio, a/k/a “Cristhian Aybar-Done,” 40, was indicted on one count of distribution and possession with intent to distribute 40 grams or more of fentanyl and one count of unlawful reentry of a deported alien. Santos-Ocasio appeared before U.S. District Court Magistrate Judge Donald L. Cabell on Dec. 23, 2022 and remains in federal custody. He was previously arrested and charged on Nov. 29, 2022.
In October 2007, Santos-Ocasio was arrested in the Bronx, N.Y., on heroin distribution conspiracy charges. Santos-Ocasio is a citizen of the Dominican Republic and did not have legal authority to be present in the United States. In November 2008, Santos-Ocasio pleaded guilty in the Eastern District of New York to heroin distribution conspiracy and was subsequently sentenced to 37 months in prison. He was removed from the United States upon completion of his sentence in the summer of 2010.
Sometime after his removal, Santos-Ocasio allegedly reentered the United States unlawfully. In November 2022, he was arrested in Lawrence for allegedly reentering the United States without authorization. According to the indictment, in addition to the charge of being in the U.S. without authorization, Santos-Ocasio also allegedly distributed 40 grams or more of fentanyl.
The charge of distributing and possessing with intent to distribute 40 grams or more of fentanyl provides for a mandatory minimum sentence of 5 years and up to 40 years in prison, up to five years of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Rachael S. Rollins; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Todd Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorney Kaitlin Brown of Rollins’ Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proved guilty beyond a reasonable doubt in a court of law.
Tuesday 27 December 2022
Third Former Correctional Officer Charged in Cover-Up at CSP-Sacramento Arrested and Five Count Indictment UnsealedRead the Press Release
Sacramento, Calif. — A third former CSP-Sacramento California state correctional officer was arrested and made her initial appearance today in connection with false statements regarding civil rights violations. A federal grand jury in Sacramento returned a five-count indictment as to Brenda Villa, 32, of North Highlands, charging her with Conspiracy, three counts of falsification of records in a federal investigation, and perjury, United States Attorney Phillip A Talbert announced.
According to the Indictment, Villa was a correctional sergeant supervising other officers at California State Prison – Sacramento when correctional officer Arturo Pacheco unlawfully assaulted an inmate under color of law. Villa and other officers, including Pacheco and Ashley Aurich, assisted in covering up the details of the assault by submitting false reports. Villa also lied under oath to the federal grand jury investigating the incident.
This case was the product of an investigation by the Federal Bureau of Investigation with Assistance from the California Department of Corrections and Rehabilitation. Assistant United States Attorneys Michael D. Anderson and Rosanne L. Rust are prosecuting the case.
Arturo Pacheco and Ashley Aurich have pleaded guilty and have been sentenced to over 12½ years and 21 months in federal prison, respectively.
If convicted, Villa faces a maximum statutory penalty of 5 years in prison for conspiracy, 20 years on each count of falsification of records, 5 years for perjury and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Teacher's Assistant Pleads Guilty to Production of Child PornographyRead the Press Release
LITTLE ROCK— A teacher’s assistant has pleaded guilty to three counts of production of child pornography. Augustus “Gus” Shenker, 22, of Little Rock, who was initially charged in a criminal complaint in May 2021 and indicted in June 2021, pleaded guilty today before United States District Judge Lee P. Rudofsky.
In May 2021, FBI received a cyber tip that Dropbox user Augustus Shenker, using an email address that contained his name, possessed seven videos containing child pornography. Investigators determined Shenker’s address and learned that he was employed at Miss Selma’s School in Little Rock, an early education school with children from 18 months old to fifth grade.
FBI agents obtained a search warrant for Shenker’s home and made contact with him at the school where he worked. Law enforcement seized Shenker’s iPhone and advised him a search warrant was being executed at his residence. Shenker was interviewed and admitted he used to have a problem with child pornography several years ago but no longer viewed child pornography. He also confirmed the email address and Dropbox account from the cyber tip belonged to him.
A review of items seized from Shenker’s residence revealed six videos created in March 2021 that showed Shenker touching the buttocks and vagina of a preschool-age child in a classroom at Miss Selma’s School. His iPhone contained a hidden folder with 19 additional videos, all of which were taken in the same preschool classroom where Shenker worked. Shenker’s face is visible in several of the videos. In addition to the videos of abuse that Shenker produced himself, law enforcement located more than a thousand images of child sexual abuse on Shenker’s phone and other devices.
Shenker was first charged in a criminal complaint on May 18, 2021, when the FBI received the initial cyber tip. On June 1, 2021, after the discovery of the videos on his phone, a federal grand jury returned an indictment charging Shenker with 22 counts of production of child pornography and one count of possession of child pornography. On Tuesday, Shenker pleaded to three of the production counts.
“This defendant violated the trust parents placed in him each day by placing their children in his care,” said United States Attorney Jonathan Ross. “Using his position to exploit preschoolers is an unthinkable abuse, especially in their own school—the very place we expect children to be protected. We appreciate the hard work of the FBI in identifying and arresting this defendant and hope this conviction deters others who would harm children.”
“Today’s conviction of Mr. Shenker demonstrates the unwavering dedication and adamant determination of the investigators who serve on our Violent Crime squad,” said FBI Little Rock Special Agent in Charge James A. Dawson. “FBI agents, professional support staff, and local law enforcement partners worked tirelessly to uncover Mr. Shenker’s abominable crimes while ensuring his victims and their families received assistance. Alongside our partners at the U.S. Attorney’s office, FBI Little Rock’s Violent Crime squad will continue to relentlessly identify, investigate, and prosecute predators who seek to harm children within our community.”
Shenker will be sentenced by Judge Rudofsky at a later date. The investigation is being conducted by the FBI Little Rock Child Exploitation and Human Trafficking Task Force and is being prosecuted by Assistant United States Attorney Kristin Bryant.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
St. Louis Man Pleads Guilty to Heroin Trafficking in SpringfieldRead the Press Release
SPRINGFIELD, Mo. – A St. Louis, Mo., man pleaded guilty in federal court today to his role in a conspiracy to distribute kilogram-quantities of heroin in the Springfield, Mo., area.
Alphonso L. Battle, 55, pleaded guilty before U.S. Chief Magistrate Judge David P. Rush to participating in a conspiracy to distribute heroin from Sept. 1, 2012, to April 3, 2017.
Battle admitted that he traveled from St. Louis to Springfield on April 6, 2016, to deliver heroin to co-defendant Roosevelt Simpson, 65, of Springfield. Law enforcement officers were conducting surveillance at Simpson’s residence at about 10 p.m. when Battle arrived and backed into Simpson’s driveway. Battle walked to the front door of Simpson’s residence, then returned to his vehicle and retrieved an item from the trunk. As federal agents approached to arrest him, Battle fled on foot through the back yard of Simpson’s neighbor.
Battle was found a few hours later near the intersection of Kearney Street and Golden Avenue in Springfield, where he was arrested. Simpson’s neighbor called the Springfield Police Department the next day to report that he found a canister with a false bottom in his back yard. A Springfield Police Department detective retrieved the canister, which contained approximately 63 grams of heroin and 72 capsules of Dormin (a common cutting agent).
Simpson was sentenced to 20 years in federal prison without parole after pleading guilty to his role in the drug-trafficking conspiracy and to possessing a firearm in furtherance of a drug-trafficking crime.
Battle is the eighth and final defendant in this case to plead guilty. Seven co-defendants have pleaded guilty and been sentenced.
Under federal statutes, Battle is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 40 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Jessica R. Eatmon. It was investigated by the Drug Enforcement Administration, Homeland Security Investigation, the Missouri State Highway Patrol, and the Springfield, Mo., Police Department.
South Dakota Man Sentenced to 18 Months for Indecent ExposureRead the Press Release
TUCSON, Ariz. – Shaun Rudy Knox, 33, of St. Francis, South Dakota, was sentenced December 20, 2022, by United States District Court Judge Raner C. Collins to 18 months in prison. Knox earlier pleaded guilty to four counts of Indecent Exposure.
While incarcerated on sexual abuse charges at the United States Penitentiary Tucson, Knox exposed his genitals to four different employees of the United States Bureau of Prisons. Judge Collins ordered Knox’s 18 month sentence for indecent exposure be served consecutive to his sentence for sexual abuse.
The United States Bureau of Prisons conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-21-2195-RCC-DTF
RELEASE NUMBER: 2022-230_Knox# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
More Than 200 Officers Trained in De-Escalation, Use of Force & Community Engagement Tactics in 2022Read the Press Release
RALEIGH, N.C. – Between May and October, the U.S. Attorney’s Office and the N.C. Justice Academy have provided day-long De-Escalation, Use of Force and Community Engagement Training to more than 200 federal, state, and local law enforcement officers in the Eastern District of North Carolina. Approximately 75 law enforcement agencies participated in the training.
“This training, which is part of our Civil Rights Initiative, gives law enforcement the tools, tactics, and best practices to defuse and de-escalate situations by mitigating the need for or use of force. De-escalation techniques reduce injuries and preserve the safety of law enforcement officers and the public,” said U.S. Attorney Michael Easley. “In addition to providing training for dealing with ‘in the moment’ situations, the agenda also focused on the benefits of ongoing community engagement by law enforcement to build long-term, sustainable community trust. Taking the time to listen, learn and gain perspective creates a basis for developing collaborative solutions that make our communities safer.”
Sessions were offered in multiple locations to maximize the opportunity for participation. Training sessions were offered in Raleigh, Greenville, Castle Hayne, Ahoskie, and Fayetteville. The agenda included sessions on addressing use of force incidents, a review of civil rights laws and hate crimes, and best practices in community policing. The community engagement section was led by N.C. Department of Public Safety Secretary Eddie Buffaloe, who previously served as the Chief of Police in Elizabeth City, N.C.
The training is part of the U.S. Attorney’s Civil Rights Initiative which includes community outreach and engagement designed to increase awareness of existing civil rights protections and how to spot and avoid civil rights violations.
Kearney Woman Sentenced to 4 1/2 Years in Prison for Distribution of MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Tammie J. Young, 53, of Kearney, Nebraska, was sentenced today in federal court in Lincoln. United States District Judge John M. Gerrard sentenced Young to 54 months in prison for one count of distribution of 50 grams or more of methamphetamine (actual) and 50 grams or more of methamphetamine mixture. After serving her sentence, Young will be placed on supervised release for 3 years. There is no parole in the federal system.
On September 28, 2021, investigators with the Tri-Cities Drug Enforcement Team (TRIDENT) conducted a controlled purchase of about an ounce of methamphetamine from Young in Kearney. On October 14, 2021, investigators conducted a controlled purchase of about two ounces of methamphetamine from Young again in Kearney. On January 5, 2022, Young’s vehicle was stopped for a traffic violation in Kearney. A drug-sniffing dog was deployed around her vehicle and indicated to the presence of a narcotics odor coming from the vehicle. Officer searched the vehicle and found a suspected methamphetamine pipe and a small baggie of suspected methamphetamine. Young was arrested and searched, and officers found about a half ounce of methamphetamine in her pocket. A lab determined that the methamphetamine Young distributed and possessed with intent to distribute in these instances totaled over 97 grams of methamphetamine mixture, of which at least 91 grams was actual methamphetamine.
This case was investigated by TRIDENT. TRIDENT is a task force with law enforcement personnel from the Adams County Sheriff’s Office, Buffalo County Sheriff’s Office, Federal Bureau of Investigation, Grand Island Police Department, Hall County Sheriff’s Office, Hastings Police Department, Homeland Security Investigations, Kearney Police Department, and the Nebraska State Patrol.
Four Individuals Indicted and Arrested for Pandemic Unemployment Assistance (PUA) FraudRead the Press Release
SAN JUAN, P.R. – On December 15, 2022, a Federal Grand Jury in the District of Puerto Rico returned four-separate indictments charging four individuals with engaging in fraud to obtain Pandemic Unemployment Assistance (PUA) and Federal Pandemic Unemployment Compensation (FPUC) benefits totaling $210,228, announced W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico. Various-federal agencies were involved in the investigations, including the Federal Bureau of Investigation (FBI), the United States Department of Labor Office of Inspector General (USDOL-OIG), the United States Secret Service (USSS), and Homeland Security Investigations (HSI), with the assistance of the Puerto Rico Department of Labor and Human Resources.
According to the indictments, the defendants engaged in schemes to defraud the Puerto Rico Department of Labor and Human Resources (Departamento del Trabajo y Recursos Humanos, “DTRH”) by submitting fraudulent applications to obtain unemployment insurance benefits which contained PUA and FPUC funds.
Under the provisions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, persons who were business owners, self-employed workers, independent contractors, or gig workers qualified for federal benefits (PUA and FPUC) administered by the DTRH if they previously performed such work in Puerto Rico and were unemployed, partially unemployed, unable to work, or unavailable to work due to a COVID-19 related reason. To obtain these federal benefits, individuals could apply online through the DTRH’s web site—www.trabajo.pr.gov. Claimants answered various questions to establish their eligibility and were required to provide personal identifying information, which included their name, mailing address, gender, email, phone number, social security number, and date of birth. Moreover, claimants had to identify a qualifying occupational status and COVID-19 related reason for being out of work. In their application, claimants could also submit several documents as evidence of their income.
If the DTRH approved a claimant’s application, the DTRH would send a check to the claimant via the United States Postal Service for qualified benefits which could contain regular unemployment insurance benefits and federal funds in the form of PUA, FPUC, and Pandemic Emergency Unemployment Compensation (PEUC) benefits.
The indictments charge the four individuals with theft of United States’ property—PUA and FPUC benefits—and mail fraud because the defendants engaged in deceptive conduct designed to fraudulently obtain multiple-unemployment checks from the DTRH by using false social security numbers. The defendants received PUA and FPUC benefits from the DTRH via mail in the form of checks that they were not entitled to receive. The defendants then negotiated the checks or deposited them in their bank accounts.
The defendants charged are Juan I. De La Cruz-David, who fraudulently obtained $133,518; Diana C. Infante-Frias, who fraudulently obtained $10,122; Miguel El Rosario-Taveras, who fraudulently obtained $27,366; and Olimpia Buntin, who fraudulently obtained $39,222.
“These arrests send a clear and unmistakable message to those who try to exploit a national emergency to steal taxpayer-funded resources from vulnerable individuals and small businesses: do not use the global pandemic to scam and steal from hardworking citizens. If you do, we will find you and prosecute you to the fullest extent of the law,” said U.S. Attorney Muldrow. “We are proud to work with our law enforcement partners to hold wrongdoers accountable and to safeguard taxpayer funds.”
Assistant U.S. Attorney Victor Acevedo is in charge of the prosecution of these cases. If convicted, the defendants are facing the following sentences: 20 years of imprisonment for mail fraud and 10 years of imprisonment for theft of government money; a fine of up to $250,000; and three years of supervised release.
To report a COVID-19-related fraud scheme or suspicious activity, contact the National Center for Disaster Fraud (NCDF) by calling the NCDF Hotline at 1-866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The indictments contain only charges and are not evidence of guilt. The defendants are presumed innocent unless and until proven guilty.
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Former coach from Pecos pleads guilty to coercion and enticement of minorsRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Joshua Rico pleaded guilty on Dec. 22 to five counts of coercion and enticement of minors. Rico, 26, of Pecos, New Mexico, will remain in custody pending sentencing, which has not been scheduled.
Beginning as early as January 2018, Rico used multiple profiles on the social media platform Snapchat to coerce minor girls into sending him sexually explicit photos and videos and engage in sexual acts. Rico used fictitious profiles under the names “Chris Lujan” and “Erik Romero” as well as a profile in his own name to threaten, coerce and manipulate at least four victims who were between 14 and 16 years old.
In each case, Rico used one or both of his fake profiles to persuade the victims into sending compromising photos, then used the threat of exposing the photos to coerce the victims into engaging in sexual acts and sending him videos of the acts. In two cases, after using a fake profile to demand that the victims engage in sexual acts and provide videos, he offered to “help” the victims by allowing them to perform the sexual act with him. Rico coerced at least one of the victims into engaging in sexual acts with him.
Rico faces up to life in prison and will be required to register as a sex offender.
The New Mexico State Police, the FBI, and the Regional Computer Forensic Laboratory investigated this case as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force. The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.
Assistant U.S. Attorneys Sarah Mease and Jaymie L. Roybal are prosecuting the case as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
For more information on sextortion and how to get help, visit the FBI website.
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Former Kayenta Man Charged with Making False Statements, Cyberstalking, and Aggravated Identity TheftRead the Press Release
PHOENIX, Ariz. – James Thomas Andrew McCarty, 22, of Charlotte, North Carolina, and formerly of Kayenta, Arizona, was arrested on Wednesday, December 14, 2022, following a federal grand jury indictment of 26 counts including Making False Statements, Cyberstalking, and Aggravated Identity Theft. A detention hearing was held on Tuesday, December 20, 2022, in Charlotte, North Carolina, at which point he was detained and remanded to the District of Arizona for further proceedings. McCarty is also pending federal charges in the Central District of California https://www.justice.gov/usao-cdca/pr/grand-jury-indicts-2-swatting-scheme-took-over-ring-doorbells-across-us-livestream.
The indictment alleges that McCarty made 13 phone calls from Kayenta, Arizona, to police departments and schools in Georgia, New Jersey, Ohio, Indiana, and Oklahoma between January 17, 2021, and June 30, 2021, containing varying threats that he possessed bombs, propane bottles and tanks, and that he would shoot police if they responded. Two of the calls specifically threatened school shootings in Westfield, Indiana, and Vinita, Oklahoma. Seven calls involved identity theft because McCarty allegedly used the names of actual individuals purportedly making the phone calls associated with the locations of the false emergencies.
A conviction for False Statements about bombs and other explosives carries a maximum penalty of up to 10 years in prison, up to a $250,000 fine, or both.
A conviction for Cyberstalking, False Information and Hoaxes carries a maximum penalty of up to five years in prison, up to a $250,000 fine, or both.
Each count of Aggravated Identity Theft carries a maximum penalty of a mandatory two years’ consecutive imprisonment, a $250,000 fine, or both.
A criminal indictment is merely an allegation of criminal conduct, not evidence. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Federal Bureau of Investigation is conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR-22-08133-PCT
RELEASE NUMBER: 2022-231_McCarty# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Former Border Patrol Agent Sentenced to More Than 12 Years on Bribery, Firearms, and Narcotics ChargesRead the Press Release
TUCSON, Ariz. – Ramon Antonio Monreal-Rodriguez, 36, of Vail, Arizona, was sentenced on December 14, by United States District Judge James A. Soto, to 152 months in prison and ordered to pay $151,000 in restitution to the U.S. Border Patrol for salary drawn while engaged in criminal activity. Monreal-Rodriguez previously pleaded guilty to Bribery, Conspiracy to Possess with Intent to Distribute Cocaine and Marijuana, Conspiracy to Make False Statements in Connection with the Acquisition of Firearms, and Conspiracy to Provide Firearms to a Convicted Felon, for his role in three separate conspiracies in two federal criminal cases.
“The men and women of the United States Border Patrol safeguard our frontier with compassion and dignity,” said United States Attorney Gary Restaino. “Most Border Patrol Agents are excellent public servants who diligently interdict contraband like guns and drugs. For those who aren’t and don’t, the Bureau of Prisons has plenty of room. Many thanks to our law enforcement partners on the Southern Arizona Corruption Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives for their hard work in putting this case together.”
Between July and August 2018, Monreal-Rodriguez, a former U.S. Border Patrol (USBP) agent, was involved in two firearm-related conspiracies wherein he both unlawfully purchased firearms from federally licensed firearms dealers on behalf of other individuals and provided firearms to felons, who are prohibited from possessing firearms.
While the investigations into the firearms conspiracies were ongoing, Monreal-Rodriguez also conspired to import narcotics into the United States from Mexico, from January 8, 2018, until his arrest on September 25, 2018. During this time, a drug trafficking organization he worked with smuggled narcotics across the border. Monreal-Rodriguez would retrieve the narcotics and take them past the checkpoint several miles from the border — often in his USBP vehicle — and then transport the drugs to the Tucson area. He admitted to distributing 116 kilograms of cocaine and 107 kilograms of marijuana as part of the conspiracy.
Additionally, Monreal-Rodriguez admitted to receiving cash proceeds from narcotics sales totaling at least $1.2 million, which he transported to the United States-Mexico border and then handed off to other individuals so the cash could be smuggled into Mexico. In exchange for his role in the narcotics conspiracy, Monreal-Rodriguez received cash payments.
In violation of his duties as a USBP agent, Monreal-Rodriguez used his border patrol vehicle and its radio to securely transport the smuggled narcotics and cash proceeds. Further, he was in possession of his service weapon when he picked up the narcotics and dropped off the drug proceeds.
This case was investigated by the Southern Arizona Corruption Task Force (SACTF) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The SACTF is comprised of members from the Federal Bureau of Investigation, the Department of Homeland Security - Office of Inspector General, Immigration and Customs Enforcement - Office of Professional Responsibility, Customs and Border Protection - Office of Professional Responsibility, the Tucson Police Department, and the Drug Enforcement Administration.
The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-18-02215-TUC-JAS-1
CR-18-01905-TUC-JAS-1
RELEASE NUMBER: 2022-133_Monreal-Rodriguez
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
First of Two Convicted at Trial in Michigan Governor Kidnapping Plot Sentenced to 16 Years in PrisonRead the Press Release
A Michigan man was sentenced today to 16 years in prison followed by five years of supervised release for conspiracy to kidnap the Governor of Michigan and conspiracy to use weapons of mass destruction against persons or property.
Adam Fox, 39, of Wyoming, Michigan, and co-conspirator Barry Croft Jr., 47, of Bear, Delaware, were convicted by a federal jury in August 2022 during an 11-day retrial. According to court documents and evidence presented at trial, Fox and Croft intended to kidnap Governor Gretchen Whitmer from her vacation cottage near Elk Rapids, Michigan, and use the destructive devices to facilitate their plot by harming and hindering the governor’s security detail and any responding law enforcement officers. They specifically explored placing a bomb under an interstate overpass near a pedestrian boardwalk. Croft was also convicted of possessing an improvised explosive device, which was a commercial firework refashioned with shrapnel to serve as a hand-grenade. A jury in an earlier trial was unable to reach a verdict.
“Mr. Fox, and his confederate Mr. Croft, were convicted by a jury of masterminding a plot to kidnap the Governor of Michigan and to use weapons of mass destruction against responding law enforcement,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Today’s sentence reflects the Department of Justice’s unwavering commitment to protecting our elected officials, law enforcement officers, and dedicated public servants from criminal threats and violence — and to holding the perpetrators of such acts fully accountable under the law.”
“Today, Mr. Fox learned his fate. For his role in the plot to kidnap the Governor and trigger further violence, he will serve a long term in prison,” said Former U.S. Attorney Andrew Birge for the Western District of Michigan, appointed to oversee the trial. “Responding to domestic terrorism has been a priority for the Department of Justice since its founding. Rest assured: we will spare no effort to disrupt plots like these and hold those responsible accountable to the law.”
“Today’s sentencing of Adam Fox shows that those who engage in violence to further ideological causes will be held accountable to the fullest extent of the law,” said Special Agent in Charge James A. Tarasca of the FBI Detroit Field Office. “The FBI remains committed to investigating anyone who conspires to harm members of the government.”
Fox is the third to be sentenced of four conspirators convicted in the plot. Croft is scheduled to be sentenced tomorrow.
Co-defendant Ty Garbin, 27, of Hartland, Michigan, pleaded guilty in January 2021 and initially received a sentence of 75 months, or over six years, in prison. The district court later reduced to a term of 30 months, or two and a half years in prison, after fully considering his cooperation at both trials. Kaleb Franks, 28, of Waterford, Michigan, received a term of four years in prison after pleading guilty and testifying at both trials. Co-defendants Daniel Harris and Brandon Caserta were acquitted at the first trial in April 2022.
The FBI’s Detroit Field Office investigated the case with valuable assistance provided by the FBI’s Baltimore Field Office and the Joint Terrorism Task Force, including Michigan State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The U.S. Attorney’s Office for the Western District of Michigan charged the case and conducted the trials, with valuable assistance provided by the National Security Division’s Counterterrorism Section.
First of Two Convicted at Trial in Michigan Governor Kidnapping Plot Sentenced to 16 Years in PrisonRead the Press Release
GRAND RAPIDS, MICHIGAN – A Michigan man was sentenced today to 16 years in prison followed by five years of supervised release for conspiracy to kidnap the Governor of Michigan and conspiracy to use weapons of mass destruction against persons or property.
Adam Fox, 39, of Wyoming, Michigan, and co-conspirator Barry Croft Jr., 47, of Bear, Delaware, were convicted by a federal jury in August 2022 during an 11-day retrial. According to court documents and evidence presented at trial, Fox and Croft intended to kidnap Governor Gretchen Whitmer from her vacation cottage near Elk Rapids, Michigan, and use the destructive devices to facilitate their plot by harming and hindering the governor’s security detail and any responding law enforcement officers. They specifically explored placing a bomb under an interstate overpass near a pedestrian boardwalk. Croft was also convicted of possessing an improvised explosive device, which was a commercial firework refashioned with shrapnel to serve as a hand-grenade. A jury in an earlier trial was unable to reach a verdict.
Fox faced up to life in prison for his convictions. The Hon. Robert J. Jonker, District Judge, determined the ultimate sentence after evaluating the applicable federal Sentencing Guidelines, and considering the statutory sentencing factors, including the nature and circumstances of the offense; the history and characteristics of the defendant; the seriousness of the offense; and the need to promote respect for the law, to provide just punishment, and protect the public from future crimes of the defendant.
“Mr. Fox, and his confederate Mr. Croft, were convicted by a jury of masterminding a plot to kidnap the Governor of Michigan and to use weapons of mass destruction against responding law enforcement,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Today’s sentence reflects the Department of Justice’s unwavering commitment to protecting our elected officials, law enforcement officers, and dedicated public servants from criminal threats and violence — and to holding the perpetrators of such acts fully accountable under the law.”
“Today, Mr. Fox learned his fate. For his role in the plot to kidnap the Governor and trigger further violence, he will serve a long term in prison,” said Former U.S. Attorney Andrew Birge for the Western District of Michigan, appointed to oversee the trial. “Responding to domestic terrorism has been a priority for the Department of Justice since its founding. Rest assured: we will spare no effort to disrupt plots like these and hold those responsible accountable to the law.”
Fox is the third to be sentenced of four conspirators convicted in the plot. Croft is scheduled to be sentenced tomorrow.
Co-defendant Ty Garbin, 27, of Hartland, Michigan, pleaded guilty in January 2021 and initially received a sentence of 75 months, or over six years, in prison. The district court later reduced the sentence to a term of 30 months, or two and a half years in prison, after fully considering his cooperation at both trials. Kaleb Franks, 28, of Waterford, Michigan, received a term of four years in prison after pleading guilty and testifying at both trials. Co-defendants Daniel Harris and Brandon Caserta were acquitted at the first trial in April 2022.
The FBI’s Detroit Field Office investigated the case with valuable assistance provided by the FBI’s Baltimore Field Office and the Joint Terrorism Task Force, including Michigan State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The U.S. Attorney’s Office for the Western District of Michigan charged the case and conducted the trials, with valuable assistance provided by the National Security Division’s Counterterrorism Section.
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Connecticut Man Sentenced to Additional Time for Threatening to Kill a Federal Judge, a Federal Prosecutor, and Other IndividualsRead the Press Release
CONCORD – Devin James Melycher, 30, of Danbury, Connecticut, was sentenced to 18 months in federal prison and three years of supervised release for threatening to kill a federal judge, a federal prosecutor, and other individuals, United States Attorney Jane E. Young announced today. Melycher previously pled guilty to three counts of mailing threatening communications, one count of threatening to murder a federal law enforcement officer, and two counts of threatening to murder a federal judge.
According to court documents and statements made in court, between May and September 2022, Melycher sent numerous letters threatening to kill a federal judge, a prosecutor, his court-appointed counsel, a retired U.S. magistrate judge, and a federal law enforcement officer involved in his then-pending criminal matter, Docket No. 2:21-CR-169, in the District of Maine, for travel with intent to engage in illicit sexual conduct. Melycher’s 18-month sentence will run consecutive to a 135-month sentence of imprisonment previously imposed in Docket No. 2:21-CR-169.
“Threatening to kill federal officials is a serious crime, not protected speech,” said U.S. Attorney Young. “My office will work with our law enforcement partners to ensure that those who seek to harm or intimidate public servants are brought to justice for their criminal conduct.”
The case was investigated by the United States Marshals Service, with assistance by the Cumberland County Sheriff’s Office in Portland, Maine. It is being prosecuted by United States Attorney’s Office for the District of New Hampshire, by Assistant U.S. Attorneys Cam T. Le and Matthew T. Hunter, acting under authority conferred by 28 U.S.C. § 515.
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Clinton Township Firearms Dealer Charged with Illegally Importing Glock Conversion Devices from RussiaRead the Press Release
DETROIT – A Macomb County federally licensed firearms dealer was charged in an indictment with illegally importing Glock conversion devices from Russia and failing to keep proper records, United States Attorney Dawn N. Ison announced today.
Ison was joined in the announcement by Assistant Special Agent in Charge Craig Kailimai of the Detroit Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Chase Farmer, 23, of St. Clair Shores, illegally imported Glock conversion devices and drop-in auto sears using a Russian website from November 2020 to March 2021. Glock conversion devices and drop-in auto sears are used to convert standard firearms into machineguns that allow the firearms to fire multiple rounds at once, and, thus, are highly dangerous devices. Farmer, owner of the federally licensed firearms dealer, Shall Not Be Infringed, LLC, based in Clinton Township, was licensed to deal in firearms, but he was not licensed to import firearms, including these dangerous Glock conversion devices, into the United States. Farmer attempted to hide his purchase from authorities—including by making the orders under an alias and falsifying the details in his PayPal payments to Russia—but ATF agents were able to detect the purchases and recover evidence of Farmer’s crimes, which also included his failure to keep proper records as licensed firearms dealer.
This case has been assigned to United States District Judge Gershwin A. Drain. The defendant could face up to 10 years in prison if convicted.
An indictment is only a formal charging document and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case is being prosecuted by Assistant U.S. Attorney Diane Princ.
Friday 23 December 2022
Woman from Washington State Sentenced on Drug Conspiracy ChargesRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that District Judge Karen E. Schreier has sentenced a Pasco, Washington, woman convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on December 19, 2022.
Lourdes Rios, 47, was sentenced to four years and nine months in federal prison, followed by two years of supervised release. Rios was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Rios was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in September of 2021. She pleaded guilty on September 20, 2022.
Beginning on a date unknown and continuing until on or about August 8, 2021, in the District of South Dakota and elsewhere, Lourdes Rios, knowingly and intentionally combined, conspired, confederated, and agreed together, with others, to knowingly and intentionally distribute 500 grams or more of a mixture and substance containing methamphetamine, a Schedule II controlled substance. Rios was traveling through South Dakota when a traffic stop of her vehicle resulted in the seizure of 805 grams of methamphetamine.
This case was investigated by the South Dakota Highway Patrol and the Drug Enforcement Administration. Special Assistant U.S. Attorney Elizabeth Ebert prosecuted the case.
Rios was immediately remanded to the custody of the U.S. Marshals Service.
Waterbury Men Charged with Cocaine Trafficking OffensesRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division, and Waterbury Police Chief Fernando C. Spagnolo today announced that a federal grand jury in New Haven has returned an indictment charging CHRISTOPHER JUSINO-RODRIGUEZ, 30, and CHADDIEL FERRER, 28, both of Waterbury, with cocaine trafficking offenses.
As alleged in court documents and statements made in court, an investigation led by the U.S. Postal Inspection Service’s Bulk Cash Trafficking Task Force and the Waterbury Police Department determined that Jusino-Rodriguez and Ferrer were trafficking large quantities of cocaine.
On October 20, 2022, investigators conducted court-authorized searches of three locations in Waterbury and seized approximately six kilograms of cocaine; nine firearms, including an AR-15 rifle; high-capacity magazines and numerous rounds of ammunition; and $132,365 in cash. Jusino-Rodriguez and Ferrer were arrested on state charges on that date and were subsequently released on bond.
A total of approximately 18 kilograms of cocaine have been seized during the investigation.
The indictment, which was returned on December 7, 2022, charges Jusino-Rodriguez and Ferrer with one count conspiracy to distribute and to possess with intent to distribute five kilograms or more of cocaine, an offense that carries a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life, and one count of possession with intent to distribute 500 grams or more of cocaine, an offense that carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years.
The indictment was unsealed following Ferrer’s federal arrest on December 21. Jusino-Rodriguez was arrested on the indictment on December 14. Both defendants are detained pending trial.
U.S. Attorney Avery stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the U.S. Postal Inspection Service’s Narcotics and Bulk Cash Trafficking Task Force (“NBCTTF”) and the Waterbury Police Department, with the assistance of the Connecticut State Police Violent Crimes Task Force. The NBCTTF includes members from the U.S. Postal Inspection Service, the U.S. Postal Service – Office of the Inspector General, the Connecticut Army National Guard, and the Hartford, New Britain, Meriden, and Town of Groton Police Departments.
The case is being prosecuted by Assistant U.S. Attorneys Konstantin Lantsman and Natasha M. Freismuth.
Rosebud Man Indicted for AssaultRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Rosebud, South Dakota, man for Assault Resulting in Serious Bodily Injury and Assault of an Intimate Partner by Strangulation.
Daymon Oliver, age 41, was indicted in September of 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 21, 2022, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 20, 2022, in Mission, South Dakota, within the Rosebud Sioux Indian Reservation, Oliver unlawfully assaulted and strangled his domestic partner. The assault resulted in serious bodily injury to the victim.
The charges are merely accusations and Oliver is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Abby Roesler is prosecuting the case.
Oliver was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for February 14, 2023.
New Orleans Man Pleads Guilty to Federal Gun and Drug CrimesRead the Press Release
NEW ORLEANS, LOUISIANA – NICHOLAS WEBER, age 29, a resident of New Orleans, Louisiana, pled guilty on December 20, 2022, before U.S. District Judge Susie Morgan to possession with intent to distribute fentanyl, in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B), possessing firearms in the furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A), and possession of firearms by a convicted felon, in violation of Title 18, United States Code, Section 922(g)(1), announced U.S. Attorney Duane A. Evans.
According to court documents, on March 29, 2022, FBI New Orleans and the New Orleans Police Department seized 143.5 grams of fentanyl, two fully loaded handguns, and $16,200 in cash from WEBER pursuant to a federal search warrant.
For possession with intent to distribute fentanyl, WEBER faces a statutory mandatory minimum sentence of five years, up to forty years imprisonment, a fine of up to $5,000,000, and at least four years of supervised release following any term of imprisonment. For possessing firearms in furtherance of drug trafficking, WEBER faces a mandatory minimum of 5 years imprisonment, up to life imprisonment, to run consecutive with any other sentence, a fine of up to $250,000, and up to 5 years of supervised release. For being a felon in possession of firearms, WEBER faces up to ten years imprisonment, a fine of up to $250,000, and up to three years supervised release. For all three counts, WEBER faces payment of a $100 mandatory special assessment fee.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the New Orleans Police Department, the Federal Bureau of Investigation, and Louisiana State Police as part of NOPD’s Violent Crime Abatement Investigation Team (“VCAIT”). The prosecution of this case is being handled by Assistant United States Attorney J. Benjamin Myers.
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Nathan Bishop Middle School Students Complete First Rhode Island “Discovering Justice” ProgramRead the Press Release
PROVIDENCE – In record time, a jury sitting in federal court in Providence returned a verdict for the plaintiff, finding that a school principal violated her 4th Amendment rights. The student, suspended for damaging school property, was punished based on information the principal discovered while searching her electronic devices during an unrelated investigation. The student claimed that the search was unreasonable, and unconstitutional.
While this true-to-life scenario could have been argued by skilled attorneys in a federal courtroom anywhere in the country, this jury verdict was the crowning event of the inaugural Rhode Island session of Discovering Justice: a four-month long civics education program undertaken by nine eighth grade students from Providence’s Nathan Bishop Middle School.
The program, hosted by the United States Attorney’s Office, and staffed by volunteer federal prosecutors and office staff, delved into the workings of the judicial system and explored the ideals of justice. The class focused on legal and constitutional issues, with students each taking on the role of plaintiff, defendant, and witnesses during trial preparations. The program culminated with a mock trial held in federal court, presided over by the Honorable O. Rogeriee Thompson of the U.S. Court of Appeals for the First Circuit. Students authored and delivered opening statements; examined and cross-examined witnesses (made up of volunteers from the U.S. Attorney’s Office staff); and prepared and delivered closing arguments to a volunteer jury.
On Thursday, United States Attorney Zachary Cunha met with each of the students and their teacher to congratulate them on their performance and dedication, providing each with a Department of Justice Certificate of Congratulations and photos taken during the trial.
“These students did an amazing job, not just as advocates, but as engaged, passionate participants in learning about our legal system and how it works,” said U.S. Attorney Zachary A. Cunha. “Civics programs like Discovering Justice are an important way of engaging the kids who will be tomorrow’s judges, lawyers, and jurors, and show them that we all have a role to play to make our justice system fair, effective, and evenhanded. I’m thrilled that we were able to partner with Discovering Justice to make this happen here in Rhode Island.”
Discovering Justice is a Boston-based, non-profit organization, with more than two dozen programs currently in progress in Massachusetts. Nathan Bishop Middle School became the first Rhode Island school to participate in the program.
United States Attorney Cunha thanks United States District Court Chief Judge John J. McConnell, Jr., Clerk of Court Hanorah Tyer-Witek, and the staff of the U.S. District Court for hosting the mock trial; the teachers and staff of Nathan Bishop Middle School for their assistance during the eleven-week program; and the prosecutors and staff of the U.S. Attorney’s Office for their volunteer efforts.
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Multi-Agency Investigation Leads to Charges Against 13 Alleged Members of a Tucson-Area Drug Trafficking OrganizationRead the Press Release
TUCSON, Ariz. – A federal grand jury in Tucson, Arizona, returned a 19-count indictment on November 10, 2022, against 10 current or former southern Arizona residents, including:
- Alberto Gabriel Aranda-Ramon, 31, of Tucson, Arizona
- Michele Oller, 54, of Tucson, Arizona
- Larry William Nelson, Jr., 51, of Arizona
- Ashley Yvonne Maxwell, 35, of Tucson, Arizona
- Leah Jean Holmes, 28, of Tucson, Arizona
- Alexander Anthony Ruiz, 34, of Tucson, Arizona
Aranda-Ramon, Oller, Nelson, Maxwell, and Holmes were indicted on charges of Conspiracy to Distribute Drugs and Drug Distribution. Ruiz was indicted on charges of Conspiracy to Distribute Drugs, Conspiracy to Launder Money, and Money Laundering. The remaining four defendants’ names are presently under seal by court order.
The indictment alleges that, beginning in September 2021, the 10 defendants participated in a conspiracy to distribute 400 grams or more of a mixture or substance containing a detectable amount of fentanyl and 50 grams or more of methamphetamine, or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The indictment further alleges that all of the 10 defendants except for Ruiz engaged in Drug Distribution. Finally, the indictment alleges that Ruiz also was involved in a conspiracy to launder monetary instruments and that he engaged in money laundering.
Three additional individuals with alleged ties to the above-described conspiracy to distribute drugs were arrested in a multi-agency law enforcement operation on December 7, 2022, in Tucson, Arizona. They are:
- Andrew Grijalva, 19, of Las Vegas, Nevada
- Rodrigo Lopez-Lozoya, 36, of Mexico
- Jesus Ramon Lozoya-Portillo, 41, of Mexico
On December 8, 2022, United States Magistrate Judge Eric J. Markovich authorized a complaint charging Grijalva, Lopez-Lozoya, and Lozoya-Portillo with drug trafficking (22-MJ-00777-N/A-LCK).
The complaint alleges that, beginning in September 2021, Grijalva, Lopez-Lozoya, and Lozoya-Portillo conspired to distribute 50 grams or more of methamphetamine, or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine.
A conviction for Conspiracy to Distribute Fentanyl and Methamphetamine, as charged in the indictment, carries a maximum penalty of life in prison, a fine of $10,000,000, or both, and up to a lifetime of post-conviction supervision.
A conviction for Conspiracy to Distribute Methamphetamine, as alleged in the complaint, carries a maximum penalty of life in prison, a fine of $10,000,000, or both, and up to a lifetime of post-conviction supervision.
A conviction for Conspiracy to Launder Monetary Instruments, as charged in the indictment, carries a maximum penalty of 20 years in prison, a fine of $500,000, or twice the value of the property involved in the transaction, whichever is greater, or both imprisonment and a fine, and up to three years of post-conviction supervision.
An indictment and a complaint are simply methods by which a person is charged with criminal activity and raise no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Arizona Department of Public Safety, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, Homeland Security Investigations, the U.S. Marshals Service, and the U.S. Postal Service Office of Inspector General are conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: 22-CR-02454-TUC-RCC-MSA
22-MJ-00777-N/A-LCK
RELEASE NUMBER: 2022-229_Aranda-Ramon, et al.# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Mission Woman Sentenced for Child AbuseRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Mission, South Dakota, woman convicted of Child Abuse. The sentencing took place on December 19, 2022.
ShawnDae White Bird, age 33, was sentenced to 13 months in federal prison, followed by three years supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
White Bird was indicted for Child Abuse by a federal grand jury in July of 2022. She pleaded guilty on September 1, 2022.
White Bird gave birth to the victim in July of 2021. In early September, doctors prescribed the victim a medication to treat a diagnosed condition. White Bird failed to fill the prescription, leaving the condition untreated. The condition developed into an ulcerated and infected wound that required a debridement procedure.
This case was investigated by the FBI. Assistant U.S. Attorney Abby Roesler prosecuted the case.
White Bird was immediately remanded to the custody of the U.S. Marshals Service.
Michigan Man Indicted for Allegedly Setting Commercial Trailers AblazeRead the Press Release
TUCSON, Ariz. – On Wednesday, a federal grand jury returned a three-count indictment against Viorel Pricop, 64, of Allen Park, Michigan, for Arson of Property in Interstate Commerce.
The indictment alleges that Pricop set two commercial semi-truck trailers ablaze near Willcox, Arizona, on February 7, 2022, and one commercial semi-truck trailer near Holbrook, Arizona, on March 1, 2022, damaging the trailers and cargo. All three trailers were owned by Swift Transportation.
Pricop is currently in federal custody in the Central District of California. He was indicted there on November 9, 2022, on six counts of Arson of Property in Interstate Commerce after allegedly setting fire to Swift Transportation trailers in San Bernadino and Riverside Counties.
A conviction for Arson of Property in Interstate Commerce carries a minimum penalty of five years in prison and a maximum penalty of 20 years in prison.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation in this case. Assistant United States Attorneys Sarah B. Houston and Benjamin Goldberg, District of Arizona, are handling the prosecution.
CASE NUMBER: CR-22-02747-TUC-JCH-EJM
RELEASE NUMBER: 2022-228_Pricop# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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