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Friday 23 December 2022
Medical Device Company Zyno Medical LLC Agrees to Pay Nearly $500,000 to Resolve False Claims Act Allegations Relating to Defective Medical DeviceRead the Press Release
Zyno Medical LLC (Zyno), a medical device manufacturer headquartered in Massachusetts, has agreed to pay $493,140 to resolve allegations that it violated the False Claims Act by causing the submission of claims to Medicare in connection with the intravenous (IV) administration of medication using devices Zyno knew were materially defective.
The settlement announced today resolves allegations that Zyno knowingly distributed defective IV administration sets that were used to deliver controlled dosages of chemotherapy and other medications to Medicare beneficiaries. As part of the settlement, Zyno has admitted that it knew as early as Nov. 5, 2015 that certain of its administration sets, sold for use with its Z-800 series of IV infusion pumps, were defective and that the defect caused leaks during the infusion of medication. Zyno has further admitted that it did not institute a recall of the defective administration sets until July 29, 2016 and, in fact, continued to sell additional affected administration sets into commerce for a period of time.
“Medicare patients who need chemotherapy or other medication administered intravenously should not have to worry about whether the devices used for their treatment will deliver the intended dosage,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will pursue appropriate relief when health care providers, including medical device manufacturers, knowingly put the safety and welfare of federal healthcare program beneficiaries at risk.”
“Medical device manufacturers who knowingly sell materially defective products undermine the integrity of federal health care programs,” said Special Agent in Charge Phillip M. Coyne of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “We will continue to work with concerned citizens, the Department of Justice, and our investigative partners to ensure the federal government only pays for honest, high quality health care products and services.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by John Bertucci, a former Territory Manager for Zyno, and Lowell Warner, Zyno’s former Vice President of Sales. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Bertucci, et al. v. Zyno Medical LLC, et al., No. 20-cv-10388-WGY (D. Mass.). As part of today’s resolution, the whistleblowers will receive approximately $100,000.
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of Massachusetts, with assistance from the Department of Health and Human Services, Office of Inspector General and the FBI Boston Field Office.
The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The matter was handled by Trial Attorney Joanna G. Persio of the Civil Division and Assistant U.S. Attorney Charles B. Weinograd of the District of Massachusetts.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Massachusetts IV Pump Manufacturer Agrees to Pay Nearly $500,000 to Resolve Allegations That It Knowingly Distributed Defective Devices Used for ChemotherapyRead the Press Release
BOSTON – Natick-based intravenous (IV) infusion pump manufacturer Zyno Medical, LLC (Zyno), has agreed to pay $493,140 to resolve allegations that it violated the False Claims Act.
The settlement resolves allegations that Zyno knowingly distributed defective IV administration sets that were used to deliver controlled dosages of chemotherapy and other medications to Medicare beneficiaries. As part of the settlement, Zyno has admitted that it knew as early as November 2015, that certain of its administration sets were defective, that the defect had caused leaks during the infusion of medication, and that the defect had the potential to cause such leaks during future infusion treatments. Zyno did not issue a recall for the affected medical administration sets, however, and even continued to sell affected medical administration sets for a certain period. In July 2016, Zyno finally issued a recall notice to its customers.
The civil settlement includes the resolution of claims that whistleblowers brought under the qui tam provisions of the False Claims Act. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. In connection with today’s settlement, the whistleblowers will receive twenty percent of the recovery. The qui tam case is captioned United States ex rel. Bertucci, et al. v. Zyno Medical LLC, et al., No. 20-cv-10388-WGY (D. Mass.).
United States Attorney Rachael S. Rollins; Principal Assistant Attorney General Brian M. Boynton, Head of the Justice Department’s Civil Division; Phillip M. Coyne, Special Agent in Charge of the Department of Health and Human Services’ Office of Inspector General; Fernando McMillan, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation made the announcement today. Assistant U.S. Attorney Charles B. Weinograd of Rollins’ Affirmative Civil Enforcement Unit and Trial Attorney Joanna G. Persio of the Justice Department’s Civil Division, Commercial Litigation Branch, handled the matter.Lebanese National Found Guilty of Illegal Possession of FirearmsRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced that KAMAL AL JAWHARI, age 28, a native of Lebanon, was found guilty as charged on December 20, 2022, after a two-day jury trial before Chief United States District Judge Nannette Jolivette Brown.
The jury found JAWHARI guilty as charged as to two counts of possession of a firearm by an illegal alien in violation of 18 U.S.C. § 922(g)(5)(A). At sentencing, JAWHARI faces a maximum term of imprisonment of 10 years, a fine of up to $250,000.00, up to 3 years of supervised release, and a mandatory $100.00 special assessment fee as to each count. JAWHARI also faces the possibility of deportation after he completes his sentence.
U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorneys Spiro G. Latsis, David Berman, and Rachal Cassagne are in charge of the prosecution.
Latvian Citizen Extradited from Norway Sentenced in Federal Court for Role in Money Laundering ConspiracyRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Latvian woman convicted of Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity. The sentencing took place on December 19, 2022.
At the time of her sentencing hearing, Lubova Burkute, 40, had served approximately one year in custody following her extradition from Norway. She was sentenced to time served and ordered to pay $11,835,573 in restitution and a $100 special assessment to the Federal Crime Victims Fund.
Burkute was indicted for Conspiracy to Launder Monetary Instruments by a federal grand jury in June of 2021. She pleaded guilty on September 23, 2022.
According to court documents, in approximately 2015 and continuing until 2021, Burkute conspired and agreed with others to knowingly conduct financial transactions affecting interstate and foreign commerce. Specifically, Burkute and her co-conspirators engaged in depositing, transferring, wiring, and withdrawing U.S. Currency, foreign currency, and funds at financial institutions, which involved the proceeds of specified unlawful activity – wire fraud. Burkute and her co-conspirators knew that the transactions were designed in whole or in part to conceal and disguise the nature, location, source, ownership, or control of the proceeds of the fraud scheme. While conducting and attempting to conduct such financial transactions, it is alleged that Burkute knew that the property involved in the financial transactions represented the proceeds of some form of unlawful activity.
While Burkute was a minimal participant in the conduct giving rise to her conviction, her co-conspirators, including Nathan Peachey and John Rick Winer, were two of the primary perpetrators of the fraud scheme and money laundering activities. As to that conduct, Peachey and Winer, among others, informed investors that the monies provided to one or more of the co-conspirators would be used for charitable or humanitarian projects, oftentimes using religion or sovereign-citizen ideologies to entice and induce victims into investing money in the scheme. They also made promises that there would be a return on investments. Peachey and Winer informed investors that the monies provided to one or more of the co-conspirators would not be expended on personal expenses. Investor money was not used for charitable or for humanitarian projects, and investors never received a return on investments relating to the monies provided to Peachey, Winer, or their co-conspirators. The purpose of the conspiracy was to enrich the co-conspirators, all of whom amassed nearly $13 million, and then spent the fraud proceeds on a luxury residence located in a suburb of Oslo, Norway, renovation costs on the house, a Mercedes Benz, nearly $4 million in silver, travel, and personal expenses. This fraud scheme impacted victims from around the United States, including South Dakota, Minnesota, Arizona, New Mexico, Florida, Colorado, Pennsylvania, and North Carolina.
Peachey and Winer were convicted for their roles in fraud, money laundering, and obstruction of justice conspiracies. Peachey and Winer were sentenced to 300 months and 262 months in federal prison, respectively. Each was also ordered to serve three years of supervised release, pay nearly $11 million in restitution, and to forfeit a residence in Norway, a luxury vehicle, and approximately $4 million in silver coins.
This case was investigated by the following agencies:
- IRS Criminal Investigation;
- FBI;
- ØKOKRIM, the Norwegian National Authority for Prosecution and Investigation of Economic and Environmental Crime, Oslo, Norway;
- Oslo, Norway, Police Department;
- Department of Justice’s Office of International Affairs; and
- South Dakota Division of Criminal Investigation.
Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Burkute was released after the sentencing hearing. Burkute resided in and operated from Norway, among other places, and she is a citizen of Latvia, where she was ordered to immediately self-deport.
Justice Department Secures Settlement with Nevada Medical Practice to Resolve National Origin Discrimination ClaimRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with Walter J. Willoughby Jr., M.D., Ltd. (Willoughby Ltd.), a medical practice located in Las Vegas, Nevada. The settlement resolves the department’s determination that Willoughby Ltd. violated the Immigration and Nationality Act (INA) by terminating a longstanding employee based on her Mexican-American national origin.
“Firing an employee because of her national origin runs counter to our nation’s ideals,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “All workers have a right to be treated fairly by their employers. The Civil Rights Division is committed to addressing unlawful discrimination in all types of workplaces.”
The department’s investigation determined that Willoughby Ltd. unlawfully fired a high-performing Mexican-American employee based on her coworkers’ discriminatory bias. Specifically, after subjecting the employee to months of derogatory comments and jokes based on her Mexican heritage, the coworkers fabricated a false accusation against the employee that played into national origin stereotypes to oust her from the workplace. In March 2020, the medical practice credited the coworkers’ accusations without investigating them and agreed to terminate the employee on that basis. The INA’s anti-discrimination provision prohibits employers with four to fourteen employees from terminating workers based on their national origin. Employers with fifteen or more employees are prohibited from engaging in such discrimination by Title VII of the Civil Rights Act of 1964.
Under the settlement, Willoughby Ltd. will pay a civil penalty to the United States and $42,500 to the affected worker. Willoughby Ltd. also must train its employees on the INA’s anti-discrimination requirements, revise its employment policies, and be subject to departmental monitoring and reporting requirements.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits discrimination based on citizenship status and national origin in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Find more information on how employers can avoid unlawful discrimination on IER’s website. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Jury Convicts Fremont Man of Insider Trading Scheme That Generated $7 Million in Illicit ProfitsRead the Press Release
SAN FRANCISCO – A federal jury convicted Sivannarayana Barama, a former IT professional at multiple Silicon Valley technology firms, of four counts of securities fraud for using a publicly traded company’s confidential inside information about its financial performance to trade in the company’s securities, announced United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Robert K. Tripp. The guilty verdicts followed a one-week trial before Chief United States District Judge Richard Seeborg.
Barama and a co-defendant were charged with securities fraud and conspiracy to commit securities fraud by a superseding indictment in December 2019. The co-defendant pleaded guilty plea to related charges in 2019. Barama proceeded to jury trial, and the jury returned its verdicts against Barama on December 13, 2022.
Palo Alto Networks Inc. is a public company headquartered in Santa Clara, Calif., and listed on the NASDAQ exchange. According to the superseding indictment’s allegations, Barama, 48, of Fremont, Calif., participated in an insider trading scheme in which he learned inside information about the quarterly financial performance of Palo Alto Networks before that information was released to the public and then traded in that company’s stock while that information was still confidential.
According to evidence presented at trial, Barama formerly worked as a contractor at Palo Alto Networks. During that time he met an employee who worked in the company’s information technology department. From at least October 2016 through September 2017, the employee learned confidential inside information about the company’s quarterly revenue and financial performance through his employment.
Trial evidence demonstrated that the Palo Alto Networks employee traded on that confidential information himself in nominee accounts and also provided Barama with the information along with trading instructions. Barama used the confidential information and trading instructions to purchase Palo Alto Networks stock options. Once the company publicly announced its earnings for a prior quarter, the stock price reacted to the public disclosure and Barama’s earlier option trades promptly became highly profitable. Barama’s trades based on confidential inside information at times resulted in profits of more than five times the amount he invested. Barama ultimately made profits of $7.3 million on his options trades based on confidential information obtained ahead of four different Palo Alto Networks earnings announcements.
The jury convicted Barama of four counts of securities fraud in violation of 18 U.S.C. § 1348. For each count, Barama faces a maximum statutory sentence of 25 years in prison. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The jury acquitted Barama of one count of conspiracy to commit securities fraud in violation of 18 U.S.C. § 1349.
Chief U.S. District Judge Seeborg has not yet set a sentencing hearing date for Barama. Barama remains free on bond pending his sentencing hearing.
Barama and other traders and participants in the insider trading scheme were named in enforcement actions brought by the United States Securities and Exchange Commission in 2019.
Assistant U.S. Attorneys Garth Hire and Lloyd Farnham prosecuted the case with the assistance of Mark DiCenzo. The prosecution is the result of an investigation by the FBI, with the assistance of the San Francisco Regional Office of the Securities and Exchange Commission. The U.S. Attorney’s Office acknowledges and appreciates the assistance at trial provided by the SEC’s Division of Economic and Risk Analysis and by the Financial Industry Regulatory Authority (FINRA) and its Criminal Prosecution Assistance Group.Galesburg Man Sentenced to 156 months in Prison for Possession with the Intent to Distribute MethamphetamineRead the Press Release
ROCK ISLAND, Ill. – A Galesburg man, Christopher Lee Mixon, 39, of the 400 block of West South Street, was sentenced on December 21, 2022, to 156 months in the Bureau of Prisons, to be followed by four years of supervised release, for possession with the intent to distribute methamphetamine.
At the sentencing hearing before Chief U.S. District Court Judge Sara L. Darrow, it was found that, based on prior convictions, Mixon qualified as a career offender for distributing cocaine and attempted aggravated discharge of a firearm. At the hearing the government presented evidence that, in April 2021, Mixon sold 41.7 grams of methamphetamine that tested 99% pure and in May 2021, Mixon sold 49.95 grams of methamphetamine that tested 90% pure. Law enforcement executed a search warrant on Mixon’s residence in May of 2021 and located approximately 52.1 grams of methamphetamine that tested between 99% and 100% pure. Mixon later admitted he began selling methamphetamine weekly in December of 2020. Evidence in the presentence report provided to the court stated that Mixon was in possession of a firearm while he was selling methamphetamine.
Mixon was indicted in June 2021 and pleaded guilty in August 2022. He has been in the custody of the U.S. Marshals Service since his arrest in June 2021.
The statutory penalties for possession with the intent to distribute methamphetamine are not less than five years and not more than forty years imprisonment, not more than $5,000,000 fine, and a minimum four years to a maximum life term of supervised release.
The investigation was led by the Federal Bureau of Investigation Western Illinois Transnational Organized Crime Task Force in conjunction with the Knox County Sheriff’s Office, Galesburg Police Department, and Macomb Police Department. Assistant United States Attorney Joel C. Brakken represented the government in the prosecution.
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.
Florida Man Sentenced for Wire FraudRead 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 North Miami Beach, Florida, man convicted of Wire Fraud. The sentencing took place on December 19, 2022.
Tyler Vandenhoek, age 35, was sentenced to time served, equal to approximately three days in custody, followed by two years of supervised release, and ordered to pay $6,650 in restitution and a $100 special assessment to the Federal Crime Victims Fund.
Vandenhoek was indicted by a federal grand jury in February of 2022. He pleaded guilty on December 19, 2022.
Between January 2020 and February 2020, Vandenhoek stole blank checks belonging to two different victims and then wrote and cashed multiple fraudulent checks at locations in and around Mission, South Dakota.
The case was investigated by the FBI. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Flight Attendant Pleads Guilty to Possessing Fentanyl with the Intent to DistributeRead the Press Release
For Further Information, Contact:
Assistant U. S. Attorney Katie Grammenidis (619) 203-9715SAN DIEGO— Terese L. White, a flight attendant residing in Dallas, Texas, has pleaded guilty in federal court to a drug-trafficking charge, admitting that she used her privileges as a flight attendant to bypass the more robust security screening process at San Diego International Airport in order to smuggle fentanyl which was taped to her abdomen.
White admitted in her plea agreement that on October 4, 2022, while off-duty, she flew from the Dallas/Fort Worth International Airport in Texas to San Diego International Airport. Following her arrival, White exited the airport’s secure area. Later that same day, in advance of her scheduled flight to Boston, Massachusetts, White attempted to bypass the regular security screening procedures by using the Known Crew Member queue. White, however, was selected for the regular passenger screening process. During that screening process, Transportation Security Administration (TSA) officers found that White had concealed packages taped to her abdomen that contained more than three pounds of fentanyl. As part of her plea, White admitted that she attempted to use her status as a flight attendant, a position of trust, to facilitate the offense.
White is scheduled to be sentenced on March 24, 2023, before U.S. District Judge Cathy Ann Bencivengo.
U.S. Attorney Randy Grossman thanked the prosecution team and investigating agencies for their excellent work on this case.
"Drug traffickers use air, land and sea for personal gain, putting people’s lives in danger,” said DEA Special Agent in Charge Shelly Howe. “We will continue the great work with our partners to bring traffickers to justice and keep our community safe."
DEFENDANTS Case Number 21-CR-2510-CAB
Terese Lea White Age: 41 Dallas, Texas
SUMMARY OF CHARGES
Possession with the intent to distribute fentanyl – Title 21, United States Code, Section 841(a)(1)
Maximum penalty: Twenty years in prison
AGENCY
Drug Enforcement Administration
Transportation Security Administration
California Highway Patrol
Harbor Police Department
Federal Grand Jury Indictments Announced-December 2022Read the Press Release
United States Attorney Clint Johnson today announced December’s Grand Jury A and B indictments.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Federal Grand Jury B, Dec. 19- 23, 2022
Anthony Abel-Flores; Jabier Bustos; Vanessa Garcia-Jimenez; Olivia Carrell. Drug Conspiracy; Possession of Methamphetamine with Intent to Distribute; Maintaining a Drug-Involved Premises. Beginning in November 2022, Abel-Flores, 31; Bustos, 33; Garcia-Jimenez, 19; and Carrell, 27, of Jennings, allegedly took part in a methamphetamine conspiracy. As part of that conspiracy, Abel-Flores, Bustos, and Garcia-Jimenez are charged with possessing with intent to distribute 500 grams or more of methamphetamine. Finally, Carrell is charged with maintaining a place in Jennings for the purpose of storing and distributing the methamphetamine. Homeland Security Investigations and the Tulsa County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney Joel-lyn McCormick is prosecuting the case. 22-CR-428
Eli Cooper Cailler. Possession of Child Pornography; Receipt of Child Pornography. Cailler, 24, of Inola, is charged with possessing and receiving child sexual abuse material from April 1, 2020,to July 18, 2022. Homeland Security Investigations and the Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Leah Paisner is prosecuting the case. 22-CR-421
Caleb Lee Giles. Sexual Abuse of a Minor in Indian Country (Counts 1, 4); Abusive Sexual Contact with a Minor in Indian Country (Counts 2, 5); Coercion and Enticement of a Minor (Counts 3, 6) (superseding). Giles, 23, of Afton, is charged with perpetrating sex crimes against two minor victims from September 2020 to January 2022. The FBI is the investigative agency. Assistant U.S. Attorney Nathan E. Michel is prosecuting the case. 22-CR-136
Lane Gloyd. Receipt and Distribution of Child Pornography. Gloyd, 23, of Sand Springs, is charged with receiving and distributing numerous images of child sexual abuse material from Jan. 8, 2021, to April 25, 2022. Homeland Security Investigations and the Tulsa County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney William Rubens is prosecuting the case. 22-CR-136
Solon Michael Griffith. Child Abuse in Indian Country. Griffith, 55, of Vinita, is charged with striking and significantly bruising a 6-year-old victim. The FBI is the investigative agency. Assistant U.S. Attorney Niko A. Boulieris is prosecuting the case. 22-CR-416
Jeannie Rene King; Jacob Alejandro Romero. Child Abuse in Indian Country (Count 1); Child Neglect in Indian Country (Counts 2,3). From Sept. 21, 2022, through Oct. 18, 2022, King, 23, of Sapulpa, abused an infant, causing multiple fractures to the child’s legs. King and Romero, 22, of Sapulpa, also failed to ensure proper medical treatment and supervision for the child. The FBI and Sapulpa Police Department are the investigative agencies. Assistant U.S. Attorney Stephanie Ihler is prosecuting the case.
Lawrence Macon Jr. First Degree Murder in Indian Country (Count 1); Causing Death by Using and Discharging a Firearm During and in Relation to a Crime of Violence (Count 2); Felon in Possession of a Firearm (Count 3); Felon in Possession of a Firearm and Ammunition (Count 4); Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country (Counts 5, 7); Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence (Count 6); Carrying, Using, Brandishing, and Discharging a Firearm During and in Relation to a Crime of Violence (Count 8) (superseding). Macon Jr., 30, of Tulsa, is charged with killing Aliza Renea Crook using a firearm on Nov. 6, 2022. Macon Jr. shot into the vehicle Crook was riding in, striking the victim. He is further charged with being a felon in possession of a Beretta U.S.A. Corporation 9 mm caliber Parabellum semi-automatic pistol and with possessing a Smith & Wesson 9 mm caliber semi-automatic pistol, a H.S. Produkt .45 caliber ACP semi-automatic pistol, a Glock Inc. .40 caliber semi-automatic pistol, and 90 rounds of ammunition. Additionally, on Sept 11, 2022, Macon allegedly followed a second victim and discharged his firearm into a vehicle while the victim was in the car. Finally, he is alleged to have pistol whipped a third person with a firearm on Oct. 2, 2022. The FBI, Tulsa Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies. Assistant U.S. Attorneys Niko A. Boulieris and Ryan H. Heatherman are prosecuting the case. 22-CR-388
Julio Martinez-Perez. Unlawful Reentry of a Removed Alien. Martinez-Perez, 33, a Mexican national, is charged with unlawfully reentering the United States on Oct. 18, 2016, at or near Del Rio, Texas. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney William Rubens is prosecuting the case. 22-CR-425
Leeroy Wendell McQueary, II. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country (Counts 1, 2). McQueary allegedly assaulted two St. Francis Hospital security officer when drove his car directly at the two officers, only swerving after they discharged their firearms at the vehicle. The Bureau of Indian Affairs, Bureau of Alcohol, Tobacco, Firearms and Explosives and Tulsa Police Department conducted the investigation. Assistant U.S. Attorney Niko Boulieris is prosecuting the case. 22-CR-417
Enedino Nives-Tomas. Unlawful Reentry of a Removed Alien; Alien Unlawfully in the United States in Possession of a Firearm and Ammunition. Nives-Tomas, 34, a Mexican national, is charged with unlawfully reentering the United States after having been removed on Aug. 16, 2017, at or near Laredo, Texas. He is also charged with possessing a Ruger .45 auto semi-automatic pistol and eight rounds of ammunition while being unlawfully in the United States. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney William Rubens is prosecuting the case. 22-CR-423
Antonio Diaz Rodriguez-Razo. Unlawful Reentry of a Removed Alien. Rodriguez-Razo, 59, a Mexican national, is charged with unlawfully reentering the United States after having been removed on Sept. 5, 2014, at or near Del Rio, Texas. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney Thomas E. Buscemi is prosecuting the case. 22-CR-424
Joaquin Guerroro Rodriguez. Possession of Methamphetamine with Intent to Distribute; Possession of Heroin with Intent to Distribute; Maintaining a Drug-Involved Premises. Rodriquez, 33, of Tulsa, is charged with possessing with intent to distribute 50 grams or more of methamphetamine and with possessing with intent to distribute 100 grams or more of heroin on Oct. 21, 2022. The defendant is further charged with maintaining a place in Tulsa for the purpose of distributing methamphetamine and heroin. The Drug Enforcement Administration is the investigative agency. Assistant U.S. Attorney Joel-lyn McCormick is prosecuting the case. 22-CR-418
Luis Uvence Ulloa. Unlawful Reentry of a Removed Alien. Ulloa, 31, a Honduran national, is charged with unlawfully reentering the United States after having been removed on June 30, 2014, at or near San Antonio, Texas. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney William Rubens is prosecuting the case. 22-Cr-422
Federal Grand Jury A, Dec. 5-9, 2022
Jose Luis Reyes Alvarez, Lauro Estrada Cruz. Drug Conspiracy (Counts 1, 2); Use of a Communication Facility in Committing, Causing, and Facilitating the Commission of a Drug Trafficking Felony (Counts 3-34); Possession of Cocaine with Intent to Distribute (Count 35); Possession of a Firearm in Furtherance of a Drug Trafficking Crime (Count 36); Maintaining a Drug-Involved Premises (37); Possession of a Firearm by an Alien Illegally in the United States (Count 38). From July 27, 2022, through Aug. 31, 2022, Alvarez, 30, a Mexican national, and others conspired to distribute and to possess with intent to distribute 500 grams or more of cocaine. An unindicted coconspirator coordinated the shipments of multi-kilogram quantities of the drug from Mexico to Tulsa for redistribution. A separately charged defendant received bulk quantities of the cocaine and redistributed it. He and the unindicted coconspirator would coordinate the return of the sale proceeds to Mexico. Alvarez also retrieved proceeds from the sale of cocaine from the separately charged defendant and conducted wire transfers to Mexico.
In Count 2, Alvarez; Cruz, 30, of Tulsa; and others conspired to distribute and to possess with intent to distribute 5 kilograms or more of cocaine from October 2022, to Nov. 15, 2022. The cocaine was shipped from Mexico to Tulsa, and the two men conducted their operations from a home located at 840 North Louisville Avenue in Tulsa. Cruz allegedly prepared the cocaine for distribution at the Tulsa residence, and Alvarez collected drug proceeds using CashApp then stored the proceeds at the residence. Cruz also allegedly possessed an Aero Precision semi-automatic pistol and a Fabrique Nationale Herstal rifle in furtherance of his drug trafficking crime. Alvarez also allegedly possessed a Mossberg rifle and a Kimber .45 caliber semi-automatic pistol while illegally residing in the United States. The Drug Enforcement Administration, Tulsa Police Department, and Tulsa County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney David Nasar is prosecuting the case. 22-CR-394
Rodrigo Antonio-Torres. Unlawful Reentry of a Removed Alien. Antonio-Torres, 35, a Mexican national, is charged with unlawfully reentering the United States after having been removed on May 23, 2007, at or near Brownsville, Texas. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations conducted the investigation. Assistant U.S. Attorney Thomas E. Buscemi is prosecuting the case. 22-CR-402
Timothy Lewis Cantrell. Possession of Methamphetamine with Intent to Distribute; Felon in Possession of a Firearm and Ammunition; Possession of a Firearm in Furtherance of a Drug Trafficking Crime. Cantrell, 59, of Tulsa, is charged with possessing with intent to distribute 50 grams or more of methamphetamine. He is further charged with being a felon in possession of an Obera Hermanos .38 caliber revolver with an obliterated serial number and 34 rounds of ammunition. Finally, he is charged with possessing a firearm in furtherance of his drug trafficking crime. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Tulsa County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney Kenneth Elmore is prosecuting the case. 22-CR-403
Lacey Dawn Deckard. Kidnapping in Indian Country. Deckard, 43, of Broken Arrow, allegedly held an elderly woman against her will in the woman’s home on September 19, 2022. The FBI and Broken Arrow Police Department are the investigative agencies. Assistant U.S. Attorney Kenneth Elmore is prosecuting the case. 22-CR-404
Ramon Dominguez-Arambula. Unlawful Reentry of a Removed Alien. Dominguez-Arambula, 67, a Mexican national, is charged with unlawfully reentering the United States after previously being deported on Sept. 17, 1999, at or near Paso Del Norte, Texas. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney William Rubens is prosecuting the case. 22-CR-40
Andy Cristiany Flores-Rosa. Unlawful Reentry of a Removed Alien. Flores-Rosa, 22, a Honduran national, is charged with unlawfully reentering the United States on May 6, 2019, at or near Houston, Texas. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney William Rubens is prosecuting the case. 22-CR-406
James Cledtis Gregory Gillis. Coercion and Enticement of a Minor in Indian Country; Abusive Sexual Contact with a Minor in Indian Country; Sexual Abuse of a Minor in Indian Country. Gillis, 18, of Sapulpa, is charged with committing sex crimes against a minor between the ages of 12 and 16 from June 22, 2022, to July 8, 2022. The FBI is the investigative agency. Assistant U.S. Attorney Chantelle D. Dial is prosecuting the case. 22-CR-397
Julio Vasquez Gonzalez. Distribution of Fentanyl (Counts 1, 2); Distribution of Methamphetamine (Count 3). Gonzalez, 39, of Bristow, is charged with distributing fentanyl on June 21, 2022, and Aug. 31, 2022. He is further charged with distributing more than 30 grams of methamphetamine on Oct. 27, 2022. The Drug Enforcement Administration is the investigative agency. Assistant U.S. Attorney Joel-lyn A. McCormick is prosecuting the case. 22-CR-400
Tara Alvita-Gourd Gutierrez. Possession of Methamphetamine with Intent to Distribute. Gutierrez, 46, of Tulsa, is charged with possessing with intent to distribute 50 grams or more of methamphetamine. The Drug Enforcement Administration and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Spencer Willson is prosecuting the case. 22-CR-407
Robert Ross Patton. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Kidnapping in Indian Country; Assault by Striking, Beating, and Wounding (Misdemeanor). On Oct. 31, 2022, Patton, 46, of Claremore, allegedly threatened to kill his dating partner, confronted her with a knife, and stabbed at her, cutting her hand as she tried to defend herself. He also allegedly held the victim against her will. Finally, he is charged with repeatedly striking the victim. The FBI and Rogers County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney Steven J. Briden is prosecuting the case. 22-CR-408
Ramon Edgar Perez-Nunez. Unlawful Reentry of a Removed Alien. Perez-Nunez, 47, a Mexican national, is charge with unlawfully reentering the United States after having been removed on May 14, 2016, at or near Hidalgo, Texas. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney Robert T. Raley is prosecuting the case. 22-CR-409
Douglas Reyes. Possession of Methamphetamine with Intent to Distribute; Carrying a Firearm During and in Relation to a Drug Trafficking Crime; Interstate Travel to Aid Racketeering. Reyes, 43, a Mexican national, is charged with possessing with intent to distribute 500 grams or more of methamphetamine. He is further charged with carrying a firearm during his drug trafficking crime. Finally, he is charged with traveling from Missouri to Oklahoma with the intent to distribute the drug. The Drug Enforcement Administration and Oklahoma Highway Patrol are the investigative agencies. Assistant U.S. Attorney Ben Tonkin is prosecuting the case. 22-CR-398
James Isac Snyder. First Degree Burglary in Indian Country; Assault Resulting in Serious Bodily Injury in Indian Country. Snyder, 34,of Commerce, is charged with forcibly breaking into a residence with intent to assault a male in the home. He is further charged with assaulting the male victim, resulting in serious bodily injury. The FBI, Ottawa County Sheriff’s Office, and Quapaw Nation Marshals Service are the investigative agencies. Assistant U.S. Attorney Brandon A. Skates is prosecuting the case. 22-CR-410
Alfonso Solis-Melendez. Transportation of Illegal Aliens. Solis-Melendez, 33, of Albuquerque, New Mexico, is alleged to have knowingly transported and moved 10 individuals within the United States who had entered the country illegally. U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and Enforcement and Removal Operations and the Oklahoma Highway Patrol are the investigative agencies. Assistant U.S. Attorney William Rubens is prosecuting the case. 22-CR-399
Bobby Ray Stevens. Kidnapping in Indian Country (Count 1); Assault of an Intimate/Dating Partner by Strangling, Suffocating, and Attempting to Strangle and Suffocate in Indian Country (Count 2); Assault Resulting in Serious Bodily Injury in Indian Country (Count 3); Assault Resulting in Substantial Bodily Injury to an Intimate/Dating Partner in Indian Country (Count 4); Tampering with a Witness, Victim, and Informant by Corrupt Persuasion (Counts 5, 6). From Nov. 11, 2022, to Nov. 13, 2022, Stevens, 33, of Bartlesville, held a dating partner against her will. During that time, he strangled the victim and assaulted her repeatedly, causing serious bodily injury and substantial bodily injury. On Dec. 13, 2022, he also tried to stop the victim from communicating with law enforcement, and later that month he successfully persuaded the victim not to appear at federal grand jury proceedings, to which she had been summoned. The FBI and Washington County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney George Jiang is prosecuting the case. 22-CR-395
Carlos Ventura Grave. Unlawful Reentry of a Removed Alien. Grave, 36, a Guatemalan national, is charged with unlawfully reentering the United States on Aug. 12, 2016, at or near Harlingen, Texas. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney Thomas E. Buscemi is prosecuting the case. 22-CR-411
Ricky Leroy White. Abusive Sexual Contact with a Minor Under 12 Years of Age in Indian Country (Counts 1,2); Abusive Sexual Contact with a Minor in Indian Country (Count3). White, 32, of Pryor, is charged with abusive sexual contact against a minor from Oct. 9, 2014, to Oct. 8, 2015. He is also charged with abusive sexual contact against a second child from June 7, 2010, to June 6, 2017. Assistant U.S. Attorney Leah Paisner is prosecuting the case. 22-CR-401
John Dillion Wroblewsi. Felon in Possession of a Firearm and Ammunition; Possession of Fentanyl with Intent to Distribute; Possession of a Firearm in Furtherance of a Drug Trafficking Crime. Wroblewski, 30, of Muskogee, is charged with being a felon in possession of a Glock 9x19mm caliber semi-automatic pistol and 11 rounds of ammunition. He is also charged with possessing with intent to distribute 100 grams or more of fentanyl and with possessing a firearm to further his drug trafficking crime. Homeland Security Investigations and the Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Adam C. Baily is prosecuting the case. 22-CR-412
Elizabeth City Gang Member Sentenced to Nearly a Decade for Distributing CocaineRead the Press Release
RALEIGH, N.C. – An Elizabeth City man was sentenced yesterday to 114 months in prison for distributing cocaine. On September 19, 2022, Quayshaun Laquan Banks, pled guilty the charges.
According to court documents and other information presented in court, Banks, 31, who is a validated member of the United Bloods Nation street gang, was investigated by the Albemarle Drug Task Force after information indicated that Banks was distributing controlled substances in Northeastern North Carolina. Utilizing a confidential informant, the Task Force conducted a series of controlled purchases of cocaine from Banks. Subsequent investigation revealed that Banks had distributed almost two kilograms of cocaine in and around Elizabeth City from October 2017 through April 2018, and then again from November 2019 through March 2020. Banks was incarcerated for an unrelated conviction during the intervening time. Banks is a convicted felon, having convictions for interfering with an electronic monitoring device, possession of a firearm by a felon, possession of marijuana, and breaking and entering. He also has numerous misdemeanor convictions.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Terrence W. Boyle. The Federal Bureau of Investigation (FBI), North Carolina State Bureau of Investigation (SBI), the Elizabeth City Police Department, the Pasquotank County Sheriff’s Office, and the Dare County Sheriff’s Office investigated the case and Assistant U.S. Attorney Robert J. Dodson prosecuted the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launders, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence driven, multi-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks.
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. 2:20-CR-00045-D.
El Departamento de Justicia llega a un acuerdo con un consultorio médico con sede en Nevada que resuelve unas acusaciones de discriminación relacionadas con la nacionalidad de origenRead the Press Release
WASHINGTON – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Walter J. Willoughby Jr., M.D., Ltd. («Willoughby Ltd.»), un consultorio médico, cuya sede se encuentra en Las Vegas, Nevada. El acuerdo resuelve la determinación del Departamento que Willoughby Ltd. vulneró la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) al despedir a una empleada con un vínculo laboral prolongado con base en su nacionalidad de origen mexicana-estadounidense.
«El despedir a una empleada a base de su nacionalidad de origen va en contra de los ideales de nuestra nación», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Todos los trabajadores tienen el derecho de recibir un trato justo por parte de sus empleadores. La División de Derechos Civiles está comprometida a abordar la discriminación ilegal en todo tipo de lugar de trabajo».
La investigación del Departamento determinó que Willoughby Ltd. despidió ilegalmente a una empleada mexicana-estadounidense de alto desempeño con base en el prejuicio discriminatorio de sus colegas. Específicamente, después de que durante varios meses los colegas de la empleada la sometieran a comentarios y bromas derogatorios a base de su herencia mexicana, ellos inventaron una acusación falsa en contra de la empleada que invocaba los estereotipos de nacionalidad de origen para expulsarla del lugar de trabajo. En marzo de 2020, el consultorio médico avaló las acusaciones hechas por los colegas sin investigarlas, y con base en ellas decidió despedir a la empleada. La disposición antidiscriminatoria de la INA prohíbe que los empleadores que tienen de cuatro a catorce empleados despidan a empleados a base de su nacionalidad de origen. A los empleadores con quince empleados o más se les prohíbe incurrir en dicha discriminación conforme al Título VII de la Ley de Derechos Civiles de 1964.
Conforme al acuerdo, Willoughby Ltd. pagará una sanción civil a los Estados Unidos y le pagará $42,500 a la empleada afectada. Asimismo, el acuerdo requiere que Willoughby, Ltd. capacite a sus empleados en cuanto a los requisitos antidiscriminatorios de la INA, que revise sus políticas de empleo y que se someta a los requisitos de supervisión y declaración del Departamento.
La Sección de Derechos de Inmigrantes y Empleados de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe la discriminación con base en el estatus de ciudadanía y la nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; las prácticas documentales injustas; las represalias o la intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Aprenda más sobre cómo los empleadores pueden evitar la discriminación por motivos de estatus de ciudadanía en el sitio web de la IER. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
East Moline Man Sentenced to 108 months in Prison for Felon in Possession of a FirearmRead the Press Release
ROCK ISLAND, Ill. – An East Moline man, Devin Michael Lovgren, 28, of the 300 block of 17th Avenue, was sentenced on December 21, 2022, to 108 months in the Bureau of Prisons, to be followed by three years of supervised release, for his conviction of felon in possession of a firearm.
At the sentencing hearing, Chief U.S. District Judge Sara L. Darrow found that Lovgren created a substantial risk of serious bodily injury to a law enforcement officer by revving his engine and accelerating his vehicle toward the officer, nearly hitting the officer as he exited his patrol vehicle during a traffic stop in December 2018. Judge Darrow also found that Lovgren recklessly created a substantial risk of death or seriously bodily injury while fleeing in his vehicle. For seven miles Lovgren swerved in and out of traffic, reaching speeds of 100 miles per hour, crashing into a ditch, and ramming a police car. During the pursuit, Lovgren threw a sawed off Companhia Brasileira de Cartuchos Model 151, single shot, 12-gauge shotgun out of his driver’s side window.
Lovgren was indicted in May 2019, and pleaded guilty in September 2020. He has been in custody of the U.S. Marshals Service since June 2019.
The statutory penalties for felon in possession of a firearm are up to ten years imprisonment, not more than $250,000 fine, and not more than three years of supervised release.
The Rock Island County Sheriff’s Office, Henry County Sheriff’s Office, Silvis Police Department, East Moline Police Department, Colona Police Department, and Illinois State Police investigated the case. Assistant United States Attorney Joel C. Brakken represented the government in the prosecution.
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.
Distributing Methamphetamine and Possessing Firearms Results in Prison SentenceRead the Press Release
A man who sold methamphetamine, possessed firearms, and manufactured homemade explosives was sentenced on December 21, 2022, to five years in federal prison.
Cody Robert Winters, age 34, from Charles City, Iowa, received the prison term after a June 28, 2022 guilty plea to one count of being an unlawful drug user in possession of firearms and one count of distribution of five grams or more of pure methamphetamine.
Evidence at the plea and sentencing hearings showed that Winters distributed pure methamphetamine on several occasions from the spring of 2020 through the fall of 2020. During this time, Winters taught another individual how to manufacture explosive devices. In November 2020, a search of Winters’s house resulted in the seizure of firearms and explosive materials. Winters was a drug user and unlawfully possessed the guns.
Winters was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Winters was sentenced to 60 months’ imprisonment, and he must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
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.
Winters is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and investigated by Iowa Division of Narcotics Enforcement and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-02015.
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Dominican Republic Man Pleads Guilty to Cocaine ConspiracyRead the Press Release
St. Croix, VI – United States Attorney Delia L. Smith announced today that Augusto Rodriguez-Molina, 37, of the Dominican Republic, pleaded guilty before U.S. Magistrate Judge Emile A. Henderson, III on December 22, 2022, to conspiracy to possess with intent to distribute cocaine while on board a vessel subject to the jurisdiction of the United States.
According to court documents, on January 9, 2022, Customs and Border Protection Air and Marine agents detected a vessel with bales of suspected cocaine in plain view on the deck of the vessel. The vessel was traveling on the northeast side of St. Croix heading north towards the British Virgin Islands. Upon further investigation, agents encountered a 32-foot Manta low-profile vessel with twin 300 HP outboard engines located at approximately 19 nautical miles northeast of St. Croix in international waters in an area known by law enforcement for drug trafficking. The vessel was dead in the water and displayed no indicia of nationality, flag nor registration and was determined to be a vessel without nationality, thus subject to the jurisdiction of the United States. Onboard the vessel, agents discovered four occupants later identified as Rodriguez-Molina, Shannon John, Sean John and Emmanuel Tolentino-Lebron, along with 21 bales wrapped in plastic and encased in rope. Drug Enforcement Administration laboratory analysis later confirmed that the bales recovered from the vessel contained approximately 567 kilograms of cocaine hydrochloride. Defendants Sean John, Shannon John and Tolentino-Lebron all pleaded guilty to the cocaine conspiracy charge. At sentencing, the defendants face a mandatory minimum sentence of 10 years in prison. A federal District Court judge will determine their sentence after considering the U.S. Sentencing Guidelines and other factors.
This case was investigated by the United States Coast Guard, Homeland Security Investigation, Customs and Border Protection and Drug Enforcement Administration and is being prosecuted by Assistant United States Attorney Melissa P. Ortiz. This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Collegeville Man Found Guilty for Scheme to Sell Fraudulent Canine Cancer-Curing Drugs to Pet OwnersRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Jonathan Nyce, 73, of Collegeville, PA, was convicted by a federal jury of wire fraud and the interstate shipment of misbranded animal drugs. The charges arise from a years-long scheme to defraud pet owners of money by falsely claiming to sell canine cancer-curing drugs.
In February 2020, the defendant was charged by Indictment for this scheme, which he operated by creating several companies, including “Canine Care,” “ACGT,” and “CAGT,” through which he purported to develop drugs intended to treat cancer in dogs. Using various websites for these companies beginning in 2012, the defendant marketed these “cancer-curing” medications to desperate pet owners, using the drug names “Tumexal” and “Naturasone.” The websites made numerous false and fraudulent claims regarding the safety and efficacy of these supposed drugs, including that “Tumexal is effective against a wide variety of cancers,” and, “[i]n fact, Tumexal will almost always restore a cancer-stricken dog’s appetite, spirit and energy!” As alleged, these drugs were nothing more than a collection of bulk ingredients from various sources, which the defendant blended together himself at a facility on Arcola Road in Collegeville.
Further, through email and telephone conversations, Nyce induced the owners of terminally ill dogs to pay him hundreds or thousands of dollars for these drugs by touting the effectiveness of his products in treating a host of canine cancers. He also told prospective customers that their pets could become part of clinical trials, but in order to do so, they had to pay him large sums of money. Evidence presented at trial showed the defendant sold nearly $1,000,000 worth of drugs to approximately 900 different victims. The defendant’s marketing, sale, and shipment of these drugs violated the Food and Drug Administration’s Food, Drug, and Cosmetic Act because the drugs were not approved by the FDA. The defendant even falsely claimed in promotional materials that his company’s research was “funded in part by the U.S. Food and Drug Administration.”
“When beloved pets become sick, caring owners look for treatments that can offer hope to keep their pet alive and comfortable,” said U.S. Attorney Romero. “Jonathan Nyce took advantage of that bond between pet and owner by defrauding customers and giving them false hope that they might be able to save their dying pet. That is both cruel and illegal, and we hope this verdict brings his victims a small measure of justice for their suffering.”
“The FDA’s animal drug approval process ensures that our pets receive safe and effective products. Ignoring the FDA’s requirements and selling unapproved drugs to vulnerable U.S. consumers will not be tolerated,” said Special Agent in Charge George A. Scavdis, FDA Office of Criminal Investigations Metro Washington Field Office. “We will aggressively pursue and bring to justice those criminals who place profits above the health and safety of animal patients."
The case was investigated by the Food and Drug Administration’s Office of Criminal Investigation with assistance from the Consumer Protection Branch of the Department of Justice, and is being prosecuted by Assistant United States Attorney Christopher E. Parisi.
Belle Fourche Woman Sentenced for Drug TraffickingRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Court Judge Jeffrey L. Viken has sentenced a Belle Fourche, South Dakota, woman convicted of Distribution of a Controlled Substance. The sentencing took place on December 16, 2022.
Jordan Dolney, 24, was sentenced to 16 months in federal prison, followed by three years supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Jordan Dolney was indicted for Distribution of a Controlled Substance by a federal grand jury in February of 2022. She pleaded guilty on October 7, 2022.
Dolney assisted her co-defendant, Thomas Beetem, with obtaining a substance containing a mixture of heroin and fentanyl, and then assisted in coordinating the distribution and transfer of that substance to another in Rapid City, South Dakota. Beetem was previously sentenced to 16 months in custody.
This case was investigated by the South Dakota Division of Criminal Investigation, Drug Enforcement Administration, Meade County Sheriff’s Department, and the Pennington County Sheriff’s Department. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Dolney was immediately remanded to the custody of the U.S. Marshals Service.
Thursday 22 December 2022
United States Attorney Announces Extradition of FTX Founder Samuel Bankman-Fried to the United States and Guilty Pleas of Former CEO of Alameda Research and Former Chief Technology Officer of FTXRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced the extradition of SAMUEL BANKMAN-FRIED, a/k/a “SBF,” yesterday from the Bahamas.[1]
Also unsealed are the guilty pleas of CAROLINE ELLISON, former CEO of Alameda Research, and GARY WANG, co-founder and former Chief Technology Officer of FTX. ELLISON and WANG pled guilty before U.S. District Judge Ronnie Abrams on December 19, 2022, to charges arising from their participation in schemes to defraud FTX’s customers and investors, and related crimes, and are cooperating with the Government.
U.S. Attorney Damian Williams said: “Last week, we announced charges against Samuel Bankman-Fried for a sweeping fraud scheme that contributed to FTX’s collapse and for a campaign finance scheme that sought to influence public policy in Washington. As I said last week, this investigation is very much ongoing, and it’s moving very quickly. I also said that last week’s announcement would not be our last, and let me be clear once again, neither is today’s.”
FBI Assistant Director Michael J. Driscoll said: “With the pleas announced today, Ms. Ellison and Mr. Wang admitted they were willing participants in schemes to defraud FTX.com's customers and backers out of their money. The FBI will continue to seek justice for the victims of this case. No matter how fraudsters dress it up or sell the scam, we will continue to make every effort to ensure those responsible for the scheme are held accountable in our criminal justice system.”
* * *
CAROLINE ELLISON, 28, is charged with and has pled guilty to two counts of conspiracy to commit wire fraud, each of which carry a maximum sentence of 20 years in prison; two counts of wire fraud, each of which carry a maximum sentence of 20 years in prison; one count of conspiracy to commit commodities fraud, which carries a maximum sentence of five years in prison; one count of conspiracy to commit securities fraud, which carries a maximum sentence of five years in prison; and one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison.
GARY WANG, 29, is charged with and has pled guilty to one count of conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison; one count of wire fraud, which carries a maximum sentence of 20 years in prison; one count of conspiracy to commit commodities fraud, which carries a maximum sentence of five years in prison; and one count of conspiracy to commit securities fraud, which carries a maximum sentence of five years in prison.
The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Mr. Williams praised the investigative work of the FBI and thanked the FBI for its partnership in the extradition of Mr. Bankman-Fried and its investigation of wrongdoing associated with Alameda Research and FTX. Mr. Williams also thanked the Bahamas’ government as well as the United States Embassy in the Bahamas for their extraordinary efforts in the arrest and return of the defendant to the United States to face these charges. He also expressed appreciation for the assistance of the Justice Department’s Office of International Affairs.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Nicolas Roos and Danielle Sassoon are in charge of the prosecution. The Money Laundering and Transnational Criminal Enterprises Unit and Assistant U.S. Attorneys Samuel Raymond and Thane Rehn also contributed to the investigation.
The allegations in the Indictment against BANKMAN-FRIED are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] The charges against BANKMAN-FRIED are merely accusations, and he is presumed innocent unless and until proven guilty.
Union County Man Admits Role in Conspiracy to Target Asian Homeowners in Residential BurglariesRead the Press Release
NEWARK, N.J. – A Union County, New Jersey, man today admitted his role in a conspiracy that targeted Asian and Asian-American homeowners for residential burglaries, U.S. Attorney Philip R. Sellinger announced today.
Randi Barr, 41, of Vauxhall, New Jersey, pleaded guilty before U.S. District Judge Evelyn Padin in Newark federal court to an information charging him with one count of conspiracy to commit interstate transportation of stolen property.
According to documents filed in this case and statements made in court:
From Dec. 2, 2016, to March 20, 2019, Barr and others participated in a conspiracy to burglarize the residences of certain Asian small business owners living in New Jersey, New York, Pennsylvania, and Delaware of large sums of money, valuable jewelry, and other items, and then transport the stolen goods in interstate commerce, including to Barr’s residences in New Jersey and Pennsylvania.
The charge of conspiracy to commit interstate transportation of stolen property carries a maximum potential penalty of five years in prison and a $250,000 fine, or twice the amount of money involved in the offense, whichever is greater. Sentencing is scheduled for April 25, 2023.
U.S. Attorney Sellinger credited FBI Newark’s Transnational Organized Crime Task Force, under the direction of Special Agent in Charge James E. Dennehy, in Newark, with the investigation leading to today’s guilty plea. He also thanked the South Plainfield Police Department, the Middlesex County Prosecutor’s Office, the New Jersey State Police, the Port Authority of New York and New Jersey, the U.S. Department of Labor, the U.S. Department of State, the Drug Enforcement Administration, the U.S. Customs and Border Protection, the U.S. Department of Transportation, the U.S. Postal Inspection Service, the Union County Prosecutor’s Office, and the Bernards Township, Bethlehem Township, Cherry Hill, Cinnaminson, Clark, Colonial Regional, Cranford, Delran, Edison, East Brunswick, East Hanover, Eatontown, Elizabeth, Evesham Township, Exeter Township, Fair Lawn, Forks Township, Fort Lee, Franklin Township, Glassboro, Gloucester Township, Hackensack, Haverstraw, Hazlet, Highland Park, Hillside, Hillsborough Township, Howell Township, Jackson, Kenilworth, Lawrence Township, Linden, Lyndhurst, Mahwah, Marlboro Township, Maywood, Middletown, Montgomery County, Montville, Morris Township, Mount Laurel, Mountainside, New Castle County, New Providence, North Brunswick, North Plainfield, Old Bridge, Paramus, Parsippany, Phillipsburg, Piscataway, Pocono Mountain Regional, Pocono Township, Raritan, Roselle Park, Sayreville, Somerville, South Brunswick, South River, South Whitehall Township, Spotswood, Town of Tuxedo, Tinton Falls, Toms River, Township of Ocean, Union, Upper Macungie Township, Wall Township, Warren, Washington Township, Watchung, Westfield, Whitehall Township, and Woodbridge Township police departments.
The government is represented by Assistant U.S. Attorney Dong Joo Lee of the U.S. Attorney’s Office OCDETF/Narcotics Unit in Newark.
U.S. Attorney’s Office Reaches Settlement with New Jersey Transit to Ensure New Jersey Transit’s Paratransit System Complies with Americans with Disabilities ActRead the Press Release
NEWARK, N.J. – The U.S. Attorney’s Office has reached a comprehensive settlement with New Jersey Transit Corporation (NJ Transit) to resolve allegations that it violated the civil rights of people with disabilities by failing to operate a paratransit service that complied with Americans with Disabilities Act of 1990 (ADA), U.S. Attorney Philip R. Sellinger announced today.
The ADA requires public entities like NJ Transit to provide accessible public transportation to people with disabilities, including providing a paratransit system that is comparable to the transportation services provided to individuals without disabilities. Under the agreement, NJ Transit must ensure that its paratransit system – Access Link – eliminates capacity constraints that significantly limits the availability of transit services to ADA paratransit eligible persons. NJ Transit’s Access Link subjected a significant number of ADA paratransit eligible riders to excessively long trips, late pickups, late drop-offs, and excessive telephone hold times.
“Without equal access to public transportation, people with disabilities are deprived the opportunity to engage in society on an equal basis,” U.S. Attorney Philip R. Sellinger said. “This agreement removes discriminatory barriers by ensuring that thousands of Americans with disabilities have equal access to public transportation throughout New Jersey.”
New Jersey Transit has committed to make five intercity rail stations – Newark Penn Station, Princeton Junction Train Station, MetroPark Train Station, Trenton Train Station, and New Brunswick Train Station – accessible to individuals with disabilities. New Jersey Transit must modify multiple portions of the rail stations and their access points, including physical modifications to multiple platforms, waiting areas, parking lots, and restrooms.
Earlier this year, U.S. Attorney Sellinger created a Civil Rights Division with the sole focus on enforcing federal civil rights laws, including the ADA, with the goal of protecting and upholding the civil rights of those in our community. This matter was prosecuted by the U.S. Attorney’s newly formed Civil Rights Division.
Individuals who believe they may have been victims of discrimination may file a complaint with the U.S Attorney’s Office at http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint or call the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339. Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD).
The government is represented by Assistant U.S. Attorney Michael E. Campion, Chief of the U.S. Attorney’s Office Civil Rights Division.
U.S. Attorney’s Office Collects $8.3M in Civil and Criminal Actions in FY'22Read the Press Release
PORTLAND, Maine: U.S. Attorney Darcie N. McElwee announced today that the District of Maine collected $8,292,916.71 in criminal and civil actions in Fiscal Year 2022. Of this amount, $2,387,668.51 was collected in criminal actions and $5,905,248.20 was collected in civil actions.
Additionally, the District of Maine worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $1,372.96 in cases pursued jointly by these offices. The amount was collected in criminal actions.
“Recovering funds on behalf of taxpayers is a priority for our office,” said U.S. Attorney McElwee. “We will continue to work to ensure that crime victims and the taxpayers of the United States receive the money that is due to them.”
Of the civil collections achieved by the District of Maine, $5,306,125 resulted from an August out‑of-court compromise of civil penalties assessed by the International Trade Commission against DBN Holding, Inc. and BDN LLC, formerly known as DeLorme Publishing Company, Inc. and DeLorme InReach LLC. As part of the settlement, DBN and BDN agreed to pay the $5,306,125 settlement amount in consideration for a release of the United States’ claims. DBN and BDN made no admissions of liability and cooperated throughout the Government’s collection case.
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 District of Maine, working with partner agencies and divisions, collected $717,559 in asset forfeiture actions in FY 2021. 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.
For more information about the Crime Victims Fund, please visit https://ovc.ojp.gov/about/crime-victims-fund.
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U.S. Attorney’s Office Collects $16 Million in Civil and Criminal Actions in Fiscal Year 2022Read the Press Release
ST. LOUIS – U.S. Attorney Sayler A. Fleming announced today that the Eastern District of Missouri collected $16,069,243 in criminal and civil actions in Fiscal Year 2022. Of this amount, $10,414,823 was collected in criminal actions and $5,654,419 was collected in civil actions.
“The Eastern District of Missouri’s Financial Litigation Unit aggressively pursues money owed both to victims of crimes and the taxpayers,” said Fleming. “In addition, three days after the end of this fiscal year, the unit obtained a voluntary payment of $3,056,159 more from Anthony Swiantek, one of 20 defendants who admitted participating in a telemarketing fraud that targeted elderly victims.”
The payment satisfies the remaining balance of the over $4.2 million in restitution ordered by the court in Swiantek’s 2016 criminal case. After the Financial Litigation Unit suspected that Swiantek was concealing assets, the unit began pursuing Swiantek’s various assets, including his cryptocurrency. The unit issued multiple subpoenas and filed garnishments for Swiantek’s bank account, life insurance policy and individual retirement account, triggering Swiantek’s voluntary payment in exchange for releasing those garnishments.
The U.S. Attorneys’ Offices, along with the Justice 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 assistance programs.
Additionally, the U.S. Attorney’s office in the Eastern District of Missouri, working with partner agencies and divisions, collected $5,451,628 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.
U.S. Attorney Announces Office Collects Approximately $7.3 Million in Fiscal Year 2022Read the Press Release
BOISE – U.S. Attorney Josh Hurwit announced today that the office’s Financial Litigation Program, which is part of the Asset Recovery Division, collected more than $5.6 million in criminal restitution, fines, and assessments and in civil debts for the fiscal year that ended September 30, 2022. In some cases, the U.S. Attorney’s Office worked in conjunction with litigating components of the U.S. Department of Justice. Of the total collected, approximately $3.4 million were criminal restitution, fines, and/or assessments, and approximately $2.17 million were civil debts. In addition, the Asset Forfeiture Unit, the other part of the Asset Recovery Division, deposited to the Asset Forfeiture Fund approximately $1.73 million in proceeds and instruments of crime in criminal and civil forfeiture actions.
“This year’s results show that our Asset Recovery Division is extremely effective at recovering money for victims and recouping the ill-gotten gains of those convicted of federal crimes in Idaho,” said U.S. Attorney Hurwit. “As taxpayers, we should all be proud of the outstanding work these dedicated public servants have done over the past year.”
In fiscal year 2022, the U.S. Attorney’s Office, through the Financial Litigation Program, collected over $3.2 million in criminal restitution that was or will be distributed to victims of crime. Other criminal collections such as fines go into the Crime Victims Fund. From there, funds are distributed to the Idaho Crime Victims Compensation Program, the Idaho Council on Domestic Violence and Victim Assistance, and similar programs across the country. Money recovered from the illegal proceeds of criminal activity through forfeiture is returned to victims, used to offset the costs of operating federal prisons, and shared with local, state, and federal law enforcement agencies to help fight crime. Other recoveries go back to agency creditors.
Some notable criminal restitution collections include approximately $480,000 from a defendant who pled guilty to making a false statement to the United States, almost $384,000 from a defendant who committed a tax fraud offense, approximately $309,000 from a defendant that committed health care fraud and identify theft offenses, and almost $450,000 from defendants that committed fraud offenses.
Forfeitures valued at approximately $1,733,860, included currency, vehicles, and other property related to trafficking in controlled substances, fraud, child exploitation, and other serious crimes. These include $110,000 from a defendant who distributed drugs; $260,000 from a defendant who committed social security fraud; $90,000 from an embezzlement case; $96,688 from a case involving theft of government property; over $790,000 from a health care fraud case; over $90,000 from a COVID loan fraud case; and over $123,000 from a defendant convicted of drug distribution. In some cases, the United States shared, or will share, seized money and property with local investigating agencies. In victim cases, the U.S. Attorney’s Office works to direct proceeds of forfeiture to crime victims.
As for civil debts and penalties, the Financial Litigation Program collects civil penalties for violations of regulations involving, among other things, controlled substances, environmental protection, damage to federal property, and procurement fraud. It also collects civil debts for defaulted loans.
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Two Colombian Nationals Plead Guilty to International Cocaine DistributionRead the Press Release
Defendants Had Ties to Revolutionary Armed Forces of Colombia (FARC)
WASHINGTON – Mauricio Mazabel-Soto, 45, and Alfredo Molina-Cutiva, 53, both citizens of Colombia, pleaded guilty to conspiring to distribute large quantities of cocaine for importation into the United States, announced U.S. Attorney Matthew M. Graves and Drug Enforcement Administration (DEA) Acting Regional Director Omar Arellano. Mazabel-Soto entered his plea on December 20, 2022. Molina-Cutiva entered his plea on November 28, 2022. U.S. District Court Judge Amit P. Mehta scheduled Molina-Cutiva’s sentencing hearing for March 31, 2023, and Mazabel-Soto’s for April 23, 2023.
In 2018, DEA agents began investigating large-scale drug traffickers with ties to the terrorist group known as the Revolutionary Armed Forces of Colombia (FARC). During a long-term investigation, defendant Mazabel-Soto represented himself as someone authorized to enter into large cocaine production agreements on behalf of the FARC and portrayed co-defendant Molina-Cutiva as being responsible for FARC drug trafficking logistics in southwestern Colombia. Additionally, the defendants represented that defendant Molina-Cutiva was responsible for all FARC cocaine laboratories in Huila and Caqueta, Colombia as well as transferring cocaine across the border with Ecuador for exportation north by way of the Pacific Ocean.
During a series of recorded meetings, defendants Mazabel-Soto and Molina-Cutiva offered to produce large quantities of cocaine for an individual they believed was representing a major Mexican drug cartel. In one particular meeting, the defendants proposed a business agreement wherein the Mexican cartel would invest $2 milllion (USD) in their business and the FARC would construct a cocaine laboratory for the cartel, where they would have exclusive rights to the production. The defendants stated that the first 1,000 kilograms produced would be free and the FARC would then produce an additional 1,000 kilograms of cocaine for the cartel every few weeks, at a cost of $1,600 (USD) per kilogram. The defendants agreed to place designer stamps on each kilogram of cocaine, including the logo for the Detroit Tigers Major League Baseball team.
In April 2019, in Bogota, Colombia, defendant Mazabel-Soto provided another individual with a five-kilogram “sample” of cocaine to demonstrate the quality. Mazabel-Soto accepted $11,000 (USD) for this sample delivery. DEA lab results show that the cocaine was 96% pure.
On June 25, 2019, defendant Mazabel-Soto was arrested in Colombia and, on April 16, 2021, was extradited to the United States; co-defendant Cutiva was arrested in Colombia on August 8, 2019 and, on January 25, 2021, was extradited to the United States. An additional co-defendant (Aldemar Soto-Charry) was arrested in Colombia on August 8, 2019, and is pending extradition.
As part of their plea agreements, defendants Mazabel-Soto and Molina-Cutiva agreed that they were accountable for conspiring to distribute at least 1,000 kilograms of cocaine, which quantity represented the total amount involved in their relevant criminal conduct
Each defendant faces a statutory maximum sentence of 40 years in prison, with the possibility of fines. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
In announcing the plea, U.S. Attorney Graves and DEA Acting Regional Director Arellano commended the work of those who investigated the case, including the DEA’s Bogota Country office, the FBI LEGAT Bogota, and the FBI Miami Field Office. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Kevin Rosenberg and Anthony Scarpelli, and former Assistant U.S. Attorney Lauren Goddard, of the Violence Reduction and Trafficking Offenses Section, who prosecuted the case.
Tampa Area Man Pleads Guilty to Series of Convenience Store RobberiesRead the Press Release
Tampa, FL - United States Attorney Roger B. Handberg announces that Enrique Marquez (26, Tampa) has pleaded guilty to four robberies, conspiracy to commit those robberies, and two counts of brandishing a firearm during a crime of violence while committing those robberies. Marquez faces up to 20 years on each of the robbery counts and the conspiracy count. For the firearms offenses, he faces a minimum mandatory penalty of 7 years, up to life, in federal prison, consecutive to any other sentence imposed. A sentencing date has not yet been set.
According to court documents, on May 5, 2022, Marquez and his co-defendants robbed two convenience stores in the Tampa area. During the robberies, Marquez brandished a firearm. The next morning, Marquez and his co-defendants robbed two more Tampa area convenience stores in the same manner. Additionally, on May 1, 2022, Marquez and one of his co-defendants attempted to rob an individual to obtain narcotics.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Samantha Newman. The forfeiture is being handled by Assistant United States Attorney Suzanne Nebesky.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
St. Louis Man Admits Attempted Robbery of SupermarketRead the Press Release
ST. LOUIS – A man from St. Louis, Missouri on Thursday admitted trying to rob a St. Louis supermarket at gunpoint in 2019.
Michael Chambers, 54, pleaded guilty by Zoom in front of U.S. District Judge Rodney W. Sippel to one felony count of attempted robbery. He admitted approaching a store clerk at the Fields Foods on Lafayette Avenue in St. Louis on Nov. 23, 2019, brandishing a firearm and demanding the money in the cash register. The clerk refused and Chambers left the store. The attempted robbery was captured by the store surveillance cameras.
Chambers is scheduled to be sentenced March 22. Prosecutors and Chambers’ lawyer have agreed to recommend a sentence of 10 years in prison.
The case was investigated by the St. Louis Metropolitan Police Department. Assistant U.S. Attorney J. Christian Goeke is prosecuting the case.
Courtesy of the St. Louis Metropolitan Police Department.St. Louis County Man Sentenced to 20 Years for Fentanyl ConspiracyRead the Press Release
ST. LOUIS – U.S. District Judge Stephen R. Clark on Thursday sentenced a St. Louis County, Missouri man involved in a fentanyl distribution ring to 20 years in prison.
Anthony “Peta Man” Caldwell, 27, was the final defendant to be sentenced out of 11 people who distributed multiple kilograms of fentanyl in the St. Louis area over the course of the conspiracy, which began at least as far back as January 2018.
Caldwell was also identified as the man who used a semi-automatic rifle to shoot a woman in her car on Interstate 70 in St. Louis on April 30, 2019, sparking the FBI to begin investigating, according to court filings.
The investigation, which also involved the Drug Enforcement Administration, the St. Louis Metropolitan Police Department and the St. Louis County Police Department, would eventually uncover a drug ring that was supplied by an Arizona man charged in a different case. That man supplied fentanyl to Caldwell’s co-defendants, Kevin White and Maricus Futrell, through the use of couriers or by mailing packages of fentanyl. White and Futrell then supplied Caldwell and others.
Caldwell was responsible for between 1.2 and 4 kilos of fentanyl as part of the conspiracy, court records show, and the whole conspiracy was responsible for 12 kilograms. Caldwell supplied other conspirators and sold the drug in the Fairgrounds Park neighborhood of St. Louis.
Investigators recovered fentanyl, cash, assault rifles, handguns and a stolen Dodge Charger during the case.
White, 29, of St. Louis County, was sentenced to 10 years in prison. Futrell, 22, of St. Louis County, was sentenced to 11 years in prison in a related case.
Caldwell was shot in the head shortly before he was arrested in connection with the case, according to court records and testimony. He pleaded guilty in August to a drug conspiracy charge.
Photo provided by the St. Louis Metropolitan Police Department.South Florida Towing Company Owner Sentenced to 15 Months in Prison for Tax EvasionRead the Press Release
MIAMI – Craig Goldstein, 60, of Boca Raton, Fla., former owner of a Lauderdale Lakes towing company, was sentenced to 15 months in prison after having pled guilty previously to three counts of tax evasion for underreporting income and failing to pay federal tax on money he received through a Personal Injury Protection (PIP) kickback scheme and other cash-based fraud.
According to the pleadings, Goldstein was an owner of West Way Towing, a Lauderdale Lakes company that towed and stored disabled vehicles, including ones involved in accidents. Goldstein referred accident victims to certain attorneys and chiropractors who would then illegally charge insurance companies for unneeded services under Florida’s PIP program. Goldstein charged a fee for each patient referral, which he collected in cash and failed to report to the Internal Revenue Service (IRS).
Goldstein also failed to report cash he received from vehicle storage lien fees and from vehicle auctions, the sales prices of which were manipulated to falsely reflect that he made no profit. Goldstein admitted owing the U.S. government over $130,000 in income tax.
Juan Antonio Gonzalez, U.S. Attorney for the Southern District of Florida, and Special Agent in Charge Matthew D. Line, IRS Criminal Investigation, Miami Field Office, made the announcement.
IRS-CI, Miami Field Office, investigated this case. Assistant U.S. Attorneys Jeffrey N. Kaplan and Paul Schwartz prosecuted it.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Snake River Ranch Enters Settlement Agreement to Resolve Cattle Trespass and Encroachment on Federal LandsRead the Press Release
Pomeroy, WA – Vanessa R. Waldref, United States Attorney for the Eastern District of Washington (EDWA), announced today that Rileys’ River Ranch and rancher Walter “Sonny” Riley have entered into a Settlement Agreement & Consent Decree providing for the full resolution of the federal lawsuit against the Ranch and its operators for the unlawful use of the U.S. Army Corps of Engineers’ (Corps) environmentally sensitive federal lands along the lower Snake River for the Rileys’ River Ranch commercial cattle and livestock ranching operations.
Under the terms of the Court-approved Settlement Agreement and Consent Decree, the Ranch agreed to permanently prevent all future cattle and livestock trespasses and associated encroachments on the subject federal lands, which are located at the Central Ferry Habitat Management Unit. These lands are adjacent to property privately owned by the Ranch on the lower Snake River near Pomeroy, Washington. The Corps’ land was designated and has been managed as sensitive habitat land under the Lower Snake River Compensation Plan and mitigates the impact resulting from the construction of the lower Snake River dams (Ice Harbor, Lower Monumental, Little Goose and Lower Granite).
In exchange for the Ranch’s commitment to permanently prevent future livestock trespasses and other encroachments, the Corps agreed to administratively dispose of approximately one third of one acre of federal land adjacent to the Ranch’s property. The land transfer, for which the Ranch will cover the administrative costs - estimated to be approximately $50,000 - will cure long-term encroachments by the Ranch, including the construction of a building that is partially on federal land.
The Ranch also agreed to the removal of numerous other ranching encroachments, including gates, feeders, unused fence posts, wire, hay bales, manure piles and a large animal carcass pit, which were unlawfully used and left on the Corps-managed federal lands. The Settlement Agreement also requires the Ranch to environmentally mitigate and obliterate a gravel road that was established and used for its access to and operations on the federal land.
As detailed in Court documents, since at least 2011, Rileys’ River Ranch used federal property as part of its winter cattle feeding and calving operations without seeking permission of the Corps. This unauthorized use destroyed environmentally sensitive native vegetation, encouraged growth of invasive weeds, and left large manure piles. The Ranch’s operations profited from this unauthorized use of federal land for its private commercial activities. In turn, the Ranch’s private operations also discouraged public recreation on the federal lands for hunting, hiking, wildlife viewing and other public activities. The Settlement Agreement requires the Ranch to permanently keep its cattle and other livestock off federal property and to remove ranching equipment, fences, and a road from the land.
“We are committed to preserving and protecting public lands so everyone can enjoy the environmental beauty and recreational opportunities of Eastern Washington. The Corps maintains lands overlooking the Snake River to protect our waters and natural habitat and offer space for the public for hiking, hunting and other public recreation activities. This settlement agreement enables the Corps to fulfill its duty to maintain and protect these public lands and the environment as a whole,” said U.S. Attorney Vanessa Waldref.
Lieutenant Colonel ShaiLin Y. KingSlack, Walla Walla District (Corps) Commander, stated, “I want to thank the U.S. Attorney’s Office for the Eastern District of Washington and my District’s attorneys and staff for negotiating a settlement that prevents future livestock trespasses and associated encroachment of materials and equipment on federal lands managed by the Corps. As stewards of federal lands, the Walla Walla District will continue to exercise our obligation to manage these lands under our jurisdiction for congressionally authorized purposes and in the public interest.”
Assistant United States Attorneys Timothy Durkin and Derek Taylor handled this matter on behalf of the United States with support from the Corps’ Walla Walla District Counsel Tyler Moore and Assistant District Counsel Robert Eskildsen and Evan Carden. The claims resolved by the settlement are allegations only and there has been no determination of liability.
Case No: 2:18-cv-00024-SAB (E.D. Wash.)
signed_settlement_agreement_and_consent_decree.pdfRussell County Man Indicted by Federal Grand Jury for Defrauding Non-Profit BusinessRead the Press Release
Bowling Green, KY – On December 14, 2022, a federal grand jury returned an indictment charging a Russell County man with two counts of wire fraud.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky and Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office made the announcement.
According to court documents, Charles Davis, 56, of Russell Springs, Kentucky, while working as treasurer for the Russell County Arts Council (RCAC) in Jamestown, Kentucky, exceeded his authorized access by depositing RCAC funds into his personal bank account and using RCAC funds to make online payments to his personal credit cards. The total amount of loss is approximately $116,688.57. Davis is also charged with exceeding his authorized access relating to Artworks in Jamestown, Kentucky, by using PayPal Instant Transfer to transfer $224,142.79 out of the Artworks funds to his personal bank account.
Davis made his initial court appearance yesterday before a U.S. Magistrate Judge in the U.S. District Court for the Middle District of Florida. If convicted, Davis faces a maximum sentence of 40 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. There is no parole in the federal system.
The FBI’s Bowling Green Resident Agency is investigating the case.
The case is being prosecuted by Assistant U.S. Attorney Madison Sewell, Branch Chief of the U.S. Attorney’s Bowling Green Office.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Robeson County Woman Stopped with Fentanyl in Child Car Seat Receives 25 Year SentenceRead the Press Release
RALEIGH, N.C. – A Robeson County woman was sentenced yesterday to 300 months in prison for conspiring to distribute four hundred grams or more of fentanyl and for possessing firearms in furtherance of a drug trafficking crime. On April 7, 2022, Jania Delicia Leggett, 28, pled guilty to the charges.
“This year alone, the DEA reports that it has seized enough deadly doses of fentanyl to kill every American,” said U.S. Attorney Michael Easley. “This defendant was not only trafficking a deadly drug but doing so with children and assault weapons in close proximity – even allowing a small child to handle fentanyl.”
According to court documents and other information presented in court, Leggett ran a house used to distribute fentanyl in Lumberton, North Carolina from April through September of 2020. Witnesses reported to law enforcement that they had also seen AR-15 style rifles and small children in the house that Leggett used as a hub for her fentanyl sales. The investigation revealed that Leggett was responsible for distributing over 3.5 kilograms of fentanyl during that six-month period.
In October of 2020, investigators learned that Leggett and her significant other, Clarence Graham, had moved their drug sales to a Lumberton-area hotel. Lumberton Police Department detectives performed a traffic stop on Leggett and Graham as they left the hotel on October 13, 2020. When detectives approached Leggett and Graham’s vehicle, they observed that Leggett had a .40 caliber handgun in her lap and that there was a small child in the backseat holding a bag of fentanyl. Detectives then searched the vehicle and a storage unit in Graham’s name and found a total of 334.98 grams of fentanyl, $46,647 in cash, an additional handgun in Leggett’s purse, and a variety of items used to package drugs for sale.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Lumberton Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case and Assistant U.S. Attorney Caroline Webb prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:21-CR-95-D-2.
Repeat offender sentenced to seven years in prison for distributing drugs for a transnational drug trafficking ringRead the Press Release
Seattle – A 50-year-old Washington State man was sentenced today in U.S. District Court in Seattle to seven years in prison for conspiracy to distribute methamphetamine, heroin, and fentanyl pills, announced U.S. Attorney Nick Brown. Preston Joseph Smith was arrested in December 2021 in Port Angeles, Washington on allegations he distributed pound quantities of illegal drugs. Smith has a 30-year history of drug trafficking crimes. At the sentencing hearing U.S. District Judge John C. Coughenour said, that the drug trafficking organization Smith worked for was trafficking a higher quantity of drugs than most drug trafficking organizations the court has seen.
“This investigation revealed that the drug trafficking organization was distributing large amounts of drugs in the Northeast, Midwest, and the South, as well as in the Western District of Washington,” said U.S. Attorney Nick Brown. “I commend our law enforcement partners who shut down a ring aiming to distribute 100 pounds of meth per month in Western Washington.”
According to records filed in the case, law enforcement identified the leaders of the drug trafficking ring as early as February 2020. Smith’s activities as a drug redistributor came into focus in June and July 2021, as he distributed pound quantities of methamphetamine, and hundreds of fentanyl pills. Smith was able to come up with thousands of dollars to pay up front for drugs – in one instance paying $25,000 for a kilo of heroin.
Smith was indicted along with more than a dozen others in the fall of 2021. The drug ring, headed by Jose Alfredo Maldonado-Ramirez and Iris Adrianna Amador-Garcia, distributed drugs widely: in Massachusetts, New York, Illinois, Ohio, Florida, Arkansas, Tennessee, and Virginia. Over the course of the investigation, law enforcement seized 9 pounds of methamphetamine in a traffic stop on May 16, 2020. Another 30 pounds of meth were seized in a stop on April 2, 2021, and 57 pounds of methamphetamine and 20,000 fentanyl pills were seized in a traffic stop on September 28, 2021. Additionally, on August 17, 2021, law enforcement seized 19 pounds of methamphetamine that conspirators attempted to mail to Fiji.
Smith pleaded guilty in September 2022.
In asking for an eight-year prison sentence, prosecutors wrote to the court, “While the number of people directly and indirectly impacted by Smith’s conduct is difficult to quantify, it is undeniable that the methamphetamine, heroin and fentanyl Smith helped spread through our community undoubtedly fell into the hands of long-time addicts, first-time users, and everyone in between. Their lives, and the lives of those around them, will never be the same.”
Judge Coughenour ordered four years of supervised release to follow the prison term.
This case is an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
The investigation was led by the Drug Enforcement Administration (DEA) Seattle Field Division (SFD) Tacoma Resident Office (TRO) and Bremerton Police Department (BPD), with assistance from Tahoma Narcotics Enforcement (TNET); the Seattle, Puyallup, Auburn, Federal Way, Kent, Bonney Lake, Tacoma, and Lakewood Police Departments; the Pierce County Sheriff’s Office; Washington State Department of Corrections; Joint Narcotics Enforcement Team (JNET): Centralia and Chehalis Police Departments; Valley Narcotics Enforcement Team (VNET); and Washington State Patrol; Thurston Narcotics Team (TNT), Kitsap County Sheriff’s Office, and Mason County Sheriff’s Office; United States Postal Inspections Service (USPIS), Internal Revenue Service Criminal Investigation (IRS-CI), and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) with support from Northwest High Intensity Drug Trafficking Areas ( HIDTA).
The case is being prosecuted by Assistant United States Attorneys C. Andrew Colasurdo and Will Dreher.
Previously Convicted Killer Sentenced to 10 Years in Federal Prison for Armed Trafficking of Fentanyl and MethamphetamineRead the Press Release
INDIANAPOLIS- John McDonough, 36, of Indianapolis, Indiana, was sentenced to 10 years in federal prison for possession with intent to distribute methamphetamine and illegally possessing a firearm.
According to court documents, on April 7, 2021, Indianapolis Metropolitan Police Department (IMPD) officers executed a search warrant at John McDonough’s residence as part of a larger narcotics and firearms investigation. Prior to the search, McDonough advised officers that they would discover a firearm and methamphetamine inside of a shoebox in the garage. Officers did locate these items in the shoebox, as well as a baggie containing fentanyl.
During the execution of the search warrant, police located a total of 879 grams of methamphetamine, 150 grams of fentanyl, a digital scale, four firearms, and approximately $37,000 in U.S. currency, and a money counting machine. According to the Drug Enforcement Administration, as little as two milligrams of fentanyl can be fatal, depending on a person’s body size, tolerance, and past usage.
In a recorded interview with law enforcement officers, McDonough admitted to possessing the illegal drugs with the intent to distribute them to other individuals and possessing the firearm. McDonough also told investigators that he had dealt methamphetamine in quantities ranging from one to twenty pounds over the past year.
At the time of his arrest, McDonough had previously been convicted of Reckless Homicide, prohibiting him from ever again legally owning a firearm under federal law.
“It is utterly unacceptable for a convicted killer to continue to break the law by engaging in armed trafficking of deadly drugs including fentanyl and methamphetamine,” said Zachary A. Myers, U.S. Attorney for the Southern District of Indiana. “Criminals like this defendant perpetuate the cycle of substance abuse disorders and fatal overdoses by trafficking deadly drugs into our neighborhoods. I commend the outstanding work of the ATF and IMPD to increase public safety and help break the cycle of dependence and death.”
“It is an unfortunate fact that drug dealers use firearms to protect their illegal business and terrorize the communities they inhabit,” stated Daryl S. McCormick, Special Agent in Charge of ATF’s Columbus Field Division. “We will continue to work day in and out with our local and state partners to find those using firearms to put this poison into our communities and remove them so they cannot cause more harm.”
ATF and IMPD investigated this case. The sentence was imposed by U.S. District Court Judge James P. Hanlon. Judge Hanlon also ordered that McDonough be supervised by the U.S. Probation Office for 5 years following his release from federal prison.
U.S. Attorney Myers thanked Assistant United States Attorney Jayson McGrath who prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Philadelphia Man Sentenced to 11 Years for Three Commercial RobberiesRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Nasir Wright, 25, of Philadelphia, PA, was sentenced to 11 years in prison and five years of supervised release by United States District Court Judge John Padova for three gunpoint robberies which occurred in January 2020.
In June 2022, the defendant pleaded guilty to three counts of Hobbs Act robbery; one count of the carrying, using, and brandishing a firearm in during a crime of violence; and possession with the intent to distribute heroin. The charges stem from a series of incidents which occurred almost two years ago in Philadelphia and Delaware County. First, on January 10, 2020, the defendant entered a Little Caesar’s restaurant on the 5900 block of Lancaster Avenue and placed an order. Once the cashier opened the register, the defendant jumped over the counter, grabbed $200 from the register and fled the area. Then, on January 20, 2020, the defendant entered the Family Dollar on the 6400 block of Rising Sun Avenue and went to the checkout line to pay for a bag of chips. When he reached the front of the line, Wright jumped over the top of the counter, pointed a silver firearm at two employees, took $300 from the cash register and fled the store. A few hours later, on the same date, the defendant travelled to the Family Dollar located on the 1400 block of Chester Pike in Sharon Hill, PA. Wright entered the store and browsed the aisles inside. After about 15 minutes in the store, he approached the counter with an item from the store. Wright gave the cashier a $5 bill and when the cashier opened the register, Wright jumped over the counter, pulled out a silver handgun, and pointed it at the cashier. The cashier then gave Wright $350 from the register and he fled the store.
Early the next morning, Upper Darby police officers located a vehicle that matched the description from the Sharon Hill robbery and observed that Wright was inside. When officers searched Wright’s vehicle, they recovered the silver handgun that he used to commit the robberies and six grams of heroin.
“Violent takeover robberies with firearms are terrifying for victims who are going about their daily duties to make a living,” said U.S. Attorney Romero. “Nasir Wright was determined to steal money from these businesses, growing bolder and more aggressive with each incident. This sentence of more than a decade in prison will keep him off the street, and we hope is a measure of justice for the victims.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was investigated by the Bureau of Alcohol Tobacco, Firearms, and Explosives, the Philadelphia Police Department, the Sharon Hill Police Department and the Upper Darby Police Department, and is being prosecuted by Assistant United States Attorney Robert E. Eckert.
Parkersburg Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Joshua Dean Sprague, 42, of Parkersburg, was sentenced today to three years and one month in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, Sprague admitted to possessing a Ruger, model LCP, .380-caliber semi-automatic pistol while being pursued by law enforcement officers on May 4, 2022. Sprague was driving in Parkersburg when officers attempted a traffic stop. Sprague fled onto Interstate 77, at times driving in excess of 120 miles per hour. Sprague continued to speed during the pursuit and ran multiple red lights, including at the intersection of the Interstate 77 off-ramp and U.S. Route 50 and at the intersection of Seventh Street and Fairview Avenue.
Sprague lost control of his vehicle on Seventh Street and crashed into another vehicle occupied by a mother and daughter, who were both treated for injuries at the scene. Sprague fled on foot a short distance following the crash before being apprehended. Sprague attempted to discard the firearm in a nearby yard during the foot chase, but it was recovered by officers.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Sprague knew he was prohibited from possessing a firearm because of his prior felony convictions for malicious assault on a correctional officer, escape from an institution, and aggravated robbery in Harrison County Circuit Court on February 10, 2004. Sprague also has misdemeanor convictions for assault and domestic violence in Marietta, Ohio, Municipal Court.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Senior United States District Judge John T. Copenhaver, Jr., imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-140.
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Owner of Rockstar Burgers Pleads Guilty to Making Restaurant Available to Drug Traffickers in $1.7 Million ConspiracyRead the Press Release
KANSAS CITY, Mo. – The owner of the Rockstar Burgers restaurant in Kansas City, Mo., has pleaded guilty in federal court to allowing his former restaurant building to be used in a drug trafficking conspiracy that is alleged to have distributed more than 150 kilograms of methamphetamine and more than 10 kilograms of heroin, valued at more than $1.7 million.
Brian Douglas Smith, 45, pleaded guilty before U.S. District Judge Roseann Ketchmark on Wednesday, Dec. 21, to maintaining a drug-involved premises.
By pleading guilty, Smith admitted that he made the building in the city’s West Bottoms, which housed Rock Star Burgers, his part-time residence, a loft, and associated spaces, available to a drug-trafficking organization. Smith knew the drug-trafficking organization used the building for storing and distributing methamphetamine, collecting for methamphetamine sales, and other methamphetamine distribution activities, including the possession, storage, and use of firearms.
Smith’s role, according to the plea agreement, was only in maintaining the building premises for the drug-trafficking organization’s use.
Smith is among 17 defendants in this case who have pleaded guilty or have guilty pleas scheduled. Two of those co-defendants have been sentenced and the rest await sentencing. One co-defendant is scheduled to go to trial on June 5, 2023.
Matthew John Fabulae, 33, of Kansas City, Mo., was sentenced on March 14, 2022, to 15 years in federal prison without parole. The court also ordered Fabulae to forfeit to the government $44,000 based on his distribution of at least five kilograms of methamphetamine during the conspiracy. Fabulae pleaded guilty to his role in the drug-trafficking and money-laundering conspiracies; he also pleaded guilty to one count of possessing firearms in furtherance of a drug-trafficking crime, one count of being a drug user in possession of a firearm, and one count of possessing methamphetamine with the intent to distribute.
Amy Leann Nieman, 51, of Moorseville, Mo., was sentenced on Feb. 25, 2022, to nine years in federal prison without parole after pleading guilty to her role in the drug-trafficking and money-laundering conspiracies and to possessing firearms during a drug-trafficking crime.
Under federal statutes, Smith is subject to a sentence of up to 20 years in federal prison without parole. Under the terms of his plea agreement, the government and Smith will recommend to the court that he pay a $15,000 fine in lieu of a money judgment or other financial assessments or forfeitures. 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. Attorneys Bruce Rhoades, Robert Smith, Maureen Brackett, and Byron Black. It was investigated by the Springfield and Kansas City, Mo., Police Departments, the Drug Enforcement Administration, the Buchanan County Drug Strike Force, the Missouri State Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Clay County, Mo., Sheriff's Department.
Organized Crime and Drug Enforcement Task Force
This case is part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program. The OCDETF program is the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
Orangeburg Man Sentenced to 9 Years on Federal Firearm ChargeRead the Press Release
COLUMBIA, SOUTH CAROLINA — Quinnton Jamar Henderson, 32, of Orangeburg, was sentenced to 9 years in federal prison after earlier pleading guilty to being a felon in possession of a firearm and ammunition.
Evidence presented to the court showed that on December 22, 2019, officers with the Cayce Department of Public Safety responded to a shooting at a residence in Cayce. Upon arriving at the scene, they located a female lying in the front yard. She had been shot in the leg. The female told officers that she and her ex-boyfriend, Quinnton Henderson, had gotten into a verbal dispute, which escalated to Henderson vandalizing property. She said that when she told Henderson she was calling the police, he retrieved a firearm from his car and shot at her before fleeing the scene.
Law enforcement retrieved numerous .380 caliber shell casings from the crime scene and obtained a state warrant for Henderson’s arrest. Approximately one week later, members of the U.S. Marshals Carolina Regional Fugitive Task Force and the South Carolina Law Enforcement Division (SLED) located Henderson in a car outside a home in Orangeburg. After a car chase, Henderson was arrested and a .380 caliber pistol was recovered from the roadway, where Henderson had discarded it during the chase.
SLED conducted a ballistics analysis through the National Integrated Ballistic Information Network (NIBIN), which linked the recovered .380 caliber firearm to shell casings recovered from the December 22, 2019, Cayce shooting incident.
Henderson is prohibited from possessing firearms and ammunition based upon his prior felony convictions. He has prior state convictions for unlawful possession of a pistol, failure to stop for blue light and siren, forgery, possession of crack cocaine, possession with intent to distribute cocaine, receiving stolen goods, possession of marijuana, assault and battery, resisting a public officer, pointing and presenting a firearm, grand larceny, threatening the life of a public official, distribution of methamphetamine, and assault and battery 1st degree (involving a shooting in Orangeburg). Henderson is currently serving a 6-year state sentence for unrelated charges.
United States District Judge Mary Geiger Lewis sentenced Henderson to 108 months in federal prison, to be followed by a 3-year term of court-ordered supervision. There is no parole in the federal system.
This case was made possible by investigative leads generated from the ATF’s National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Cayce Department of Public Safety, the U.S. Marshals Carolina Regional Fugitive Task Force, SLED, and the Orangeburg County Sheriff’s Office. Special Assistant U.S. Attorney Casey Rankin Smith of the Lexington County Solicitor’s Office prosecuted the case.
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Oklahoma City Man Charged with Causing Two Deaths During DUI Hit-And-Run in Indian CountryRead the Press Release
OKLAHOMA CITY – ANTONIO MARQUES MITCHELL, 25, of Oklahoma City, has been charged with two counts of involuntary manslaughter in Indian Country, announced U.S. Attorney Robert J. Troester.
On December 20, 2022, a federal grand jury returned an indictment charging Mitchell with two counts of involuntary manslaughter. The indictment alleges that Mitchell caused the death of two people while in the commission of multiple misdemeanor offenses—including, fleeing the scene of an accident and driving under the influence. On December 19, 2022, Mitchell was arrested after he was charged by criminal complaint. He appeared for his arraignment and a detention hearing this morning before U.S. Magistrate Judge Amanda Maxfield Green, who ordered Mitchell released on conditions pending further proceedings in the case.
According to an affidavit filed in support of the criminal complaint, Mitchell was driving westbound on NW 16th St in Newcastle, Oklahoma, on December 30, 2021, when he collided with another vehicle at the intersection of Highway 76 and NW 16th St. The affidavit alleges that a witness told a 911 operator that Mitchell was smoking marijuana and that other witnesses also told police that Mitchell fled the scene of the collision after being asked for proof of insurance. Minutes after leaving the scene of the first collision, the affidavit alleges Mitchell swerved into oncoming traffic and again collided with a second car while Mitchell was driving 80 mph eastbound on Highway 37 in a 55-mph zone. It is alleged that the driver of the second car died at the scene, as did Mitchell’s own passenger. A sample of Mitchell’s blood tested positive for a combination of alcohol, amphetamine, and marijuana, according to the affidavit.
If found guilty, Mitchell faces a maximum potential penalty of 8 years in prison for each count and a fine of up to $250,000 for each count.
This case is in federal court because Mitchell is a citizen of the Seminole Nation of Oklahoma and the alleged crime occurred within the boundaries of the Chickasaw Nation.
This case is a result of an investigation by the FBI Oklahoma City Field Office Safe Trails Task Force, the Oklahoma Highway Patrol, the Chickasaw Nation Lighthorse Police Department, the Newcastle Police Department, the Oklahoma Bureau of Investigation, and the McClain County District Attorney’s Office. Assistant U.S. Attorneys Allison B. Christian and Mark R. Stoneman are prosecuting the case.
The public is reminded that these charges are merely allegations, and Mitchell is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for more information.
North Tonawanda Man Going Back to Prison for COVID-19 Relief Fraud and Violating Supervised ReleaseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Michael Kornaker, 52, of North Tonawanda, NY, who was convicted of wire fraud and violation of supervised release, was sentenced to serve 28 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Douglas A. C. Penrose, who handled the case, stated that between June and August 2020, shortly after being released on supervised release from federal prison following a prior fraud conviction, Kornaker fraudulently applied for an Economic Injury Disaster Loan (EIDL) through the U.S. Small Business Administration (SBA). The EIDL program provides funds to small businesses or private, non-profit organizations that suffer substantial economic injury as a result of a declared disaster, including the COVID-19 pandemic. Kornaker applied for $60,500 by using the name and personal information of another person and without that person’s permission.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, and the Internal Revenue Service Criminal Investigation, under the direction of Special Agent-in-Charge Thomas Fattorusso.
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New Britain Man Sentenced to 70 Months in Federal Prison for Trafficking CocaineRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that RIGOBERTO MATEO-SILVA, also known as “Bori,” 30, of New Britain, was sentenced yesterday by U.S. District Judge Vanessa L. Bryant in Hartford to 70 months of imprisonment, followed by four years of supervised release, for trafficking cocaine.
According to court documents and statements made in court, a DEA investigation revealed that Mateo-Silva and his associate, Shabazz Valentine, were obtaining kilogram quantities of narcotics from suppliers in California and delivering large amounts of cash to their suppliers in return.
On July 6, 2020, investigators searched Valentine’s Rocky Hill residence, his car, two locations in East Hartford used to store and process narcotics, and a Hartford apartment, and seized substantial quantities of fentanyl, heroin and cocaine; items used to process and package narcotics; firearms and ammunition; and approximately $700,000 in cash. Mateo-Silva was present at one of the East Hartford locations where approximately 75 grams of cocaine and more than $100,000 in cash was found. The search of Valentine’s car also revealed tracking receipts for two parcels that had been recently shipped via FedEx to a location in California. Investigators located and seized the parcels, which contained a total of approximately $160,000 in cash.
As the investigation continued, in the spring of 2021, Mateo-Silva obtained four kilograms of cocaine from his California supplier.
Mateo-Silva has been detained since his arrest on June 25, 2021. On July 20, 2022, he pleaded guilty to conspiracy to distribute and to possess with intent to distribute 500 grams or more of cocaine.
Valentine pleaded guilty to related charges and awaits sentencing.
This investigation has been conducted by the DEA’s Hartford Task Force in coordination with the DEA’s Los Angeles Division. The Task Force includes personnel from the DEA Hartford Resident Office, the Connecticut State Police, and the Bristol, Hartford, East Hartford, Enfield, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments.
This case was prosecuted by Assistant U.S. Attorney Geoffrey M. Stone 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.
Narcotrafficker Pleads Guilty to International Cocaine Trafficking ConspiracyRead the Press Release
Gerado Gonzalez-Valencia, aka Lalo, 45, pleaded guilty today to international cocaine trafficking.
In April 2016, Uruguayan authorities arrested Gonzalez-Valencia at the request of the United States. He was extradited from Uruguay to the United States in May 2020.
According to court documents, between 2003 and April 2016, Gonzalez-Valencia was a leader of Los Cuinis, an international drug trafficking organization responsible for importing large quantities of cocaine from South America, Mexico, and elsewhere into the United States. Los Cuinis is closely aligned with the Cartel de Jalisco Nueva Generacion (CJNG), which is based in the State of Jalisco in Mexico. Together, Los Cuinis and CJNG form one of the largest, most dangerous, and prolific drug cartels in Mexico. They are responsible for trafficking significant quantities of illegal drugs into the United States and employing extreme violence to further that objective.
Gonzalez-Valencia is the brother of Los Cuinis leaders Abigael Gonzalez-Valencia and Jose Gonzalez-Valencia, and the brother-in-law of Nemesio Oseguera Cervantes, aka Mencho, the leader of CJNG. Jose Gonzalez-Valencia pleaded guilty to international cocaine trafficking in the District of Columbia earlier this month.Gonzalez-Valencia pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine, knowing and intending that it would be imported into the United States. Gonzalez-Valencia is scheduled to be sentenced on April 6, 2023, and faces a mandatory minimum sentence of 10 years in prison and a statutory maximum sentence of life imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case is supported by the Organized Crime and Drug Enforcement Task Force (OCDETF).
The DEA Los Angeles Field Division is investigating the case.
Acting Assistant Deputy Chief Kaitlin Sahni and Trial Attorneys Kate Naseef and Kirk Handrich of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case. The Justice Department’s Office of International Affairs provided significant assistance.
The Justice Department thanks Uruguayan authorities for their assistance in securing the arrest and extradition of Gonzalez-Valencia.
Morris County Pharmacy Employee Admits Participating in $2.4 Million Kickback and Bribery SchemeRead the Press Release
TRENTON, N.J. – A pharmacy employee today admitted conspiring to offer and pay bribes and kickbacks in exchange for having prescriptions steered to the Morris County, New Jersey, pharmacy where he worked, U.S. Attorney Philip R. Sellinger announced.
Srinivasa Raju, 51, of Haskell, New Jersey, pleaded guilty by videoconference before U.S. District Judge Michael A. Shipp to an information charging him with conspiring to violate the federal anti-kickback statute.
Magdalena Jimenez, 58, of Newark, previously pleaded guilty to a parallel bribery and kickback scheme involving the same pharmacy.
According to documents filed in this case and statements made in court:
Raju had various responsibilities at the Morris County pharmacy, including coordinating prescription deliveries and soliciting business. From January 2019 through February 2021, Raju worked with other pharmacy personnel to pay kickbacks and bribes to medical employees in two different doctors’ offices in Jersey City, New Jersey. In exchange, those employees steered numerous, high-value prescriptions to the pharmacy where Raju worked. Raju and his conspirators paid as much as $150 for each prescription and used various tactics to conceal many of those bribe payments. Overall, the pharmacy received over $2.4 million in Medicare reimbursement payments based on prescriptions derived from the kickback scheme.
The conspiracy charge is punishable by a maximum of five years in prison and a fine of $250,000, or twice the gross gain or loss derived from the offense, whichever is greater. Sentencing for Raju is scheduled for May 16, 2023.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, and special agents of the U.S. Attorney’s Office, under the direction of Special Agent in Charge Thomas Mahoney, with the investigation leading to the guilty pleas.
The government is represented by Assistant U.S. Attorney Joshua L. Haber, Chief of the Economic Crimes Unit.
Defense counsel:
Raju: Miles Feinstein Esq., Clifton, New Jersey
Jimenez: Peter Guadagnino Esq., New York
Matriarch of Violent Multimillion-Dollar Honduran Cocaine Trafficking Organization Pleads GuiltyRead the Press Release
ALEXANDRIA, Va. – A Honduran woman pleaded guilty today to participating in a large-scale conspiracy to traffic cocaine for importation into the United States.
According to court documents, from 2006 until 2015, Erlinda Ramos-Bobadilla, aka Herlinda Bobadilla or Chinda, 62, served as a leader in the Montes-Bobadilla drug-trafficking organization, or “Los Montes,” one of the largest drug cartels in Honduras. Los Montes was based in the town of Francia, in the Department of Colón, on the northeastern coast of Honduras. There, the organization received maritime and clandestine air shipments of cocaine from sources in South America. Individual shipments of cocaine usually carried hundreds of, and sometimes more than a thousand, kilograms of cocaine. After receiving a shipment of cocaine, Los Montes worked with other drug traffickers to transport the cocaine inland through Honduras into Guatemala and, eventually, Mexico, where the cocaine would then be imported into, and distributed within, the United States.
“The Los Montes cartel, under the leadership of the defendant and her family, trafficked thousands of kilos of illicit drugs and committed heinous acts of violence, including murder, causing a devastating wave of fear and destruction that reverberated from Honduras to the U.S.,” said Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia. “My appreciation goes out to all of our prosecutors and law enforcement partners who work tirelessly to dismantle dangerous drug organizations, like Los Montes, that put so many innocent lives at risk. This effort is a message to those who continue to operate these cartels: you are not above the law, and you are not beyond our reach.”
“Today’s proceedings demonstrate DEA’s commitment to hold accountable violent criminals, domestic and abroad, who are peddling deadly drugs into our country and putting our families at risk. The Los Montes Cartel was a vicious drug trafficking organization that poisoned our citizens and engaged in violence to profit from drug trafficking. Our message to criminal organizations’ leadership is clear, we will not waver until drug distribution and it’s related violence is eradicated,” said Jarod Forget, Special Agent in Charge, DEA Washington Division.
Los Montes was a family-run organization. Ramos-Bobadilla’s husband was the leader of the organization and she worked closely with him in their cocaine-trafficking business. When her husband died in 2010, their son, Noe Montes-Bobadilla, assumed control of the organization. Ramos-Bobadilla continued to serve as a leader within the organization. Along with her other sons, Ramos-Bobadilla and Noe Montes oversaw all aspects of the family’s cocaine-trafficking operations.
Ramos-Bobadilla played an active leadership role in Los Montes. Among other responsibilities, she participated in the negotiation of cocaine transactions with other drug traffickers in Central and South America, managed the proceeds that the organization made from the sale of cocaine and, at times, paid sources of supply for cocaine that Los Montes purchased. Ramos-Bobadilla employed armed individuals to work at her direction and control, including by providing security for her and her cocaine shipments.
Ramos-Bobadilla also participated in procuring, planning, and arranging acts of violence, including murders, in furtherance of the conspiracy. For example, Los Montes and other Honduran drug-trafficking organizations conspired to finance the murder of the head of Honduras’s anti-drug trafficking agency, in December 2009. Ramos-Bobadilla assisted in procuring Los Montes’s participation in the financing of that assassination. Along with her son, Noe Montes and, with the assistance of another drug trafficker, Ramos-Bobadilla also participated in coordinating and directing the murder of a permanent resident of the United States in Tocoa, Honduras, in June 2013 because they believed that she was a U.S. government informant.
In addition to her participation in these acts of violence, Ramos-Bobadilla engaged in bribery in furtherance of the conspiracy. Ramos-Bobadilla and her co-conspirators made payments to public officials in Honduras, including police officers and other law enforcement officials, to facilitate and protect the family’s drug-trafficking operations.
On October 8, 2015, Ramos-Bobadilla and five co-conspirators were charged in an indictment with conspiracy to distribute five kilograms or more of cocaine for importation into the United States. Three of Ramos-Bobadilla’s co-defendants have been convicted and sentenced in this case:
- Noe Montes-Bobadilla pleaded guilty in November 2018 and was sentenced to 37 years of imprisonment in April 2019.
- Arnulfo Fagot-Maximo was convicted by a jury in December 2018 and was sentenced to 33 years of imprisonment in May 2019.
- Jose del Trancito Garcia-Teruel pleaded guilty in June 2021 and was sentenced to 13 years of imprisonment in February 2022.
One co-defendant, Tito Montes-Bobadilla, aka Alejandro Montes-Bobadilla or Pimpi, is deceased.
The remaining co-defendant, Juan Carlos Montes-Bobadilla, aka Mono, is still a fugitive in this case. The U.S. Department of State is offering a reward up to $5 million for information leading to the arrest and/or conviction of Juan Carlos Montes Bobadilla. He is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Erlinda Ramos-Bobadilla is scheduled to be sentenced on March 28, 2023. She faces a mandatory minimum term of imprisonment of 10 years and maximum penalty of life in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Jarod Forget, Special Agent in Charge of the Drug Enforcement Administration’s Washington Division, made the announcement after U.S. District Judge Leonie M. Brinkema accepted the plea.
Assistance in the investigation and prosecution was provided by the Virginia State Police, FBI’s Washington Field Office, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., and the U.S. Attorney’s Offices for the Southern District of New York, the Middle District of Florida, and the Southern District of Florida. Assistance was also provided by the Honduran National Police.
Assistant U.S. Attorneys Thomas W. Traxler, Anthony T. Aminoff, and James L. Trump of the Eastern District of Virginia and Trial Attorneys Douglas Meisel and Janet Turnbull of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case. The Justice Department’s Office of International Affairs provided substantial assistance in securing the arrest and extradition of Ramos-Bobadilla.
This case is being investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) Operation Harpoon. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-290.
Maryland Man Pleads Guilty to Unlawfully Transporting Three Illegal ImmigrantsRead the Press Release
SYRACUSE, NEW YORK – Luis Madrigal-Grajales, age 35, of Baltimore, Maryland, pled guilty yesterday to unlawfully transporting three illegal immigrants.
The announcement was made by United States Attorney Carla B. Freedman and Chief Patrol Agent Robert N. Garcia, United States Border Patrol, Swanton Sector.
As part of his guilty plea, Madrigal-Grajales admitted that, on a date prior to October 8, 2022, he was contacted by an individual who asked him to drive to Champlain, New York to pick up illegal immigrants and drive them back to Maryland. On October 8, 2022, Madrigal-Grajales drove to Champlain, New York from his home in Maryland, and picked up three illegal immigrants. His vehicle was subsequently stopped by police near Plattsburgh, New York. Madrigal-Grajales admitted that he planned to drive the individuals to Maryland, and that he expected to be paid approximately $1,500.
Sentencing is scheduled for April 20, 2023, before United States District Judge Mae A. D’Agostino. Madrigal-Grajales faces up to 10 years in prison, up to 3 years of supervised release, and up to a $250,000 fine. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the United States Border Patrol and the Clinton County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Jessica N. Carbone.
Maple Grove Man Indicted for Violent Carjacking at Blaine Grocery Store Parking LotRead the Press Release
MINNEAPOLIS – A federal grand jury returned an indictment against a Maple Grove man for an armed carjacking at a Blaine grocery store, announced U.S. Attorney Andrew M. Luger.
According to court documents, on September 24, 2022, Justin Michael Kittleson, 20, targeted two victims as they left the Cub Foods grocery store in Blaine and loaded groceries into their car. Kittleson approached one of the victims at the trunk of the car and pointed a gun at them. The second victim attempted to intervene, and a struggle ensued. The gun discharged, and the shot is believed to have grazed the second victim’s ear. Kittleson took control of the car and drove away. A 9MM shell casing was recovered at the scene by officers with the Blaine Police Department. After reviewing surveillance video footage and with the assistance from other members of the public, officers were able to identify and locate Kittleson. On September 29, 2022, law enforcement executed a search warrant at a residence associated with Kittleson and recovered two 9MM firearms (the same caliber as the casing found at the scene of the carjacking) and a hooded sweatshirt that matched the sweatshirt Kittleson was seen wearing in the surveillance footage.
Kittleson is charged with one count of carjacking and one count of using, carrying, brandishing, and discharging a firearm during and in relation to a crime of violence. Kittleson was initially charged by complaint and, yesterday, was indicted by a federal grand jury. Magistrate Judge Tony N. Leung ordered Kittleson to remain in detention pending further court proceedings.
This case is the result of an investigation conducted by the FBI and the Blaine Police Department.
Assistant U.S. Attorney Lindsey E. Middlecamp is prosecuting the case.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Mail Carrier Pleads Guilty to Stealing Cash, Checks, and Other Items from the MailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that John Wiedenhofer, Jr., 49, of Fredonia, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to theft of mail by a postal employee, which carries a maximum penalty of five years in prison and a fine of $250,000.
Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that between September 2020, and February 2021, Wiedenhofer, while employed as a carrier by the United States Postal Service in Dunkirk, NY, stole mail. The USPS began an investigation involving the defendant after receiving complaints of missing mail items and opened and rifled packages from USPS customers, whose addresses were located on Wiedenhofer’s delivery route. Wiedenhofer admits to stealing various items including cash, checks, trading cards, gift cards, and clothing items. Evidence of these items were recovered by the United States Postal Service Office of Inspector General from Wiedenhofer’s personal residence and vehicle.
The plea is the result of an investigation by the United States Postal Service Office of Inspector General, under the direction of Special Agent-in-Charge Matthew Modafferi.
Sentencing is scheduled for April 25, 2023, before Judge Sinatra.
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Madison Woman Sentenced to 15 Months in Prison for Distributing MethamphetamineRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Juana Armenta Mora, 28, Madison, Wisconsin pleaded guilty and was sentenced today by Chief U.S. District Judge James D. Peterson to 15 months in federal prison for distributing methamphetamine. The prison term will be followed by 3 years of supervised release.
On April 4, 2022, the Drug Enforcement Administration task force, through a confidential informant, purchased one kilogram of methamphetamine from Armenta Mora in Madison. On April 14, agents executed a search warrant at the defendant’s residence in Madison and found prerecorded buy money from the April 4 transaction in a safe in the defendant’s bedroom.
During post-arrest interviews, Armenta Mora admitted to selling some kind of illegal drugs. She explained that she was approached at her home by two individuals she knew from Mexico, and they asked her to distribute drugs for them. While she did the April 4 drug transaction, she refused to do any more deals that the men requested. Armenta Mora told investigators that this was the first and only time she had been involved with drug dealing.
At sentencing, Judge Peterson said that Armenta Mora was culpable for getting involved in drug trafficking, and she bears responsibility for taking money from the proceeds of the transaction. He noted however, that the defendant had a minimal role, and that she was unaware of the type of drugs she was delivering. Judge Peterson considered that the defendant ultimately said no to continuing to engage in drug trafficking.
The charge against Armenta Mora was the result of an investigation conducted by the Wisconsin Department of Justice Division of Criminal Investigation, Drug Enforcement Administration, Federal Bureau of Investigation, Jefferson County Drug Task Force, and Madison Police Department. Assistant U.S. Attorneys Steven P. Anderson and Kathryn E. Ginsberg prosecuted this case.
Lockport Man Going to Jail for Threatening to Kill the President, A Judge, His Wife, and A Secret Service AgentRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Jared Marc Brown, 26, of Lockport, NY, who was convicted of making a threat against the president, retaliating against a United States judge, retaliating against a federal law enforcement officer, and mailing three threatening communications, was sentenced to serve 10 years in prison by U.S. District Judge Brenda K. Sannes.
Assistant U.S. Attorney Katelyn M. Hartford, who are handling the case, stated that on March 25, 2019, Brown sent a letter to a United States Secret Service Special Agent stating, “I’m [ ] gonna kill Donald Trump with Anthrax when I get out.” Also on March 25, 2019, Brown threatened to assault and murder United States District Judge Lawrence J. Vilardo, his spouse, and a United States Secret Service Special Agent. Brown made the threats in retaliation for an earlier prosecution by this office. Judge Vilardo presided over that case, and the Secret Service Special Agent conducted the investigation. Additionally, on July 11, 2019, and again on November 1, 2019, Brown mailed further threatening letters, including one that purported to contain anthrax.
The sentencing is the result of an investigation by the United States Secret Service, under the direction Special Agent-in-Charge Jeffrey Burr.
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Justice Department Secures Agreement with Ohio State Agency to End Disability DiscriminationRead the Press Release
The Justice Department announced today it filed a complaint and proposed consent decree with the U.S. District Court for the Northern District of Ohio to resolve allegations that the Ohio Department of Rehabilitation and Correction (ODRC) violated Title I of the Americans with Disabilities Act (ADA). Title I of the ADA requires that employers provide reasonable accommodations to qualified individuals with disabilities, including adjusting employee schedules, when it does not pose an undue hardship to the employer.
The lawsuit alleges that ODRC discriminated against a correctional officer on the basis of his disability, Type I diabetes, by failing to make reasonable accommodations to his known physical limitations. Specifically, the department’s lawsuit alleges that ORDC violated the ADA by denying the correctional officer’s request to work a day shift even though working that shift allowed him to manage his blood sugar levels and avoid damage to his health.
“Employees with disabilities should not have to sacrifice their health when workplace adjustments would avoid unnecessary health issues,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department remains committed to ensuring that people with disabilities receive necessary workplace adjustments to allow them to do their job.”
Under the terms of the consent decree, which must be approved by the court, ODRC will revise its policies and procedures regarding reasonable accommodations under the ADA and will train personnel on the requirements of Title I of the ADA. ODRC will also pay $50,000 in compensatory damages to the correctional officer and provide him with a day shift as a reasonable accommodation.
This matter is based on a referral from the Cleveland Field Office of the U.S. Equal Employment Opportunity Commission, which conducted the initial investigation.
For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the Civil Rights Division’s Disability Rights Section, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Jefferson City Business Owner Sentenced for Tax Evasion, Failure to Pay More Than $500,000 in Payroll TaxesRead the Press Release
JEFFERSON CITY, Mo. – A Jefferson City, Mo., business owner has been sentenced in federal court for tax evasion and for failing to pay over more than $500,000 in payroll taxes.
Gina Marie Volmert, 58, of Jefferson City, was sentenced by U.S. District Judge Stephen R. Bough on Wednesday, Dec. 21, to one year and one day in federal prison without parole. The court also ordered Volmert to pay $513,911 in restitution to the Internal Revenue Service.
On Dec. 21, 2021, Volmert pleaded guilty to one count of tax evasion and one count of failing to file a required federal form for her employees’ retirement plan. Volmert was the majority owner, president, and manager of GVA and Associates, LLC, in Jefferson City. GVA provided medical billing and coding services for the electronic submission of medical claims.
GVA withheld payroll taxes from its employees’ paychecks, but Volmert failed to pay all employment taxes that were due, and instead, used those funds to pay her mortgage, pay for her vehicles, and to fund her other living expenses. She also failed to pay all premiums for employee health insurance plans (which led to their cancellation) and failed to fund employee retirement plans.
GVA began to accrue unpaid employment tax liability in 2009, according to court documents. In January 2011, the total balance on the employment tax was over $800,000, including interest. Taxes for June 2008 through December 2009 had not been paid, and all of the periods in 2009 had balances due.
In 2011, Volmert and Kathy Moore (co-owner of GVA) were assessed trust fund recovery penalties, and in September 2011 entered into an installment agreement with the IRS that required GVA to pay $19,000 per month toward the balance due on employment taxes. In November 2011, GVA accrued additional tax liabilities and defaulted on the installment agreement.
On April 13, 2012, a tax levy was filed against Volmert's wages with MoreSource, Inc. (the company that processed GVA’s payroll) in an effort to collect employment taxes. Volmert then caused her wages to be dramatically lowered in an apparent attempt to avoid the levy and lower her tax liability. Volmert's income dropped in October 2012, from $14,000 per month to $1,400 per month. To make up the shortfall in income, she fraudulently submitted $6,300 in reimbursable expenses every two weeks, even though she did not incur such expenses. This action continued through 2014; however, GVA never adjusted Volmert's payroll check amounts.
Volmert admitted that she engaged in tax evasion by shifting her income to reimbursable expenses, which caused her income to be falsely reported on her W-2's for 2012, 2013 and 2014.
In 2006, GVA established an employee benefit plan known as GO Partners 401(K) plan, and Volmert served as the trustee and administrator of the plan (later renamed GVA and Associates LLC Profit Sharing Plan and Trust). As the plan’s fiduciary, Volmert was required to file an annual financial report (Form 5500) with the U.S. Department of Labor. Volmert failed to file the report since the plan's inception, even though she was notified of her duty to file the report.
This case was prosecuted by Assistant U.S. Attorney Jim Lynn. It was investigated by the Department of Labor, Office of Inspector General – Office of Investigations and IRS-Criminal Investigation.