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25 January 2023
Fraudulent Nursing Diploma Scheme Leads to Federal Charges Against 25 DefendantsRead the Press Release
MIAMI – More than two dozen individuals have been charged in the Southern District of Florida for their alleged participation in a wire fraud scheme that created an illegal licensing and employment shortcut for aspiring nurses.
According to three recently unsealed indictments returned by a South Florida federal grand jury and two informations filed by federal prosecutors, defendants engaged in a scheme to sell fraudulent nursing degree diplomas and transcripts obtained from accredited Florida-based nursing schools to individuals seeking licenses and jobs as registered nurses (RNs) and licensed practical/vocational nurses (LPN/VNs).
The bogus diplomas and transcripts qualified purchasers to sit for the national nursing board exam and, after passing it, to obtain licenses and jobs in various states as RNs and LPN/VNs. The overall scheme involved the distribution of more than 7,600 fake nursing diplomas issued by three South Florida-based nursing schools: Siena College in Broward County, Fla., Palm Beach School of Nursing in Palm Beach County, Fla., and Sacred Heart International Institute in Broward County. These schools are now closed.
Each defendant faces up to 20 years in prison.
“Not only is this a public safety concern, it also tarnishes the reputation of nurses who actually complete the demanding clinical and course work required to obtain their professional licenses and employment,” said U.S. Attorney for the Southern District of Florida Markenzy Lapointe, who added that “a fraud scheme like this erodes public trust in our health care system.”
Crimes such as these unfortunately continue to spring up, especially in this area.
“Health care fraud is nothing new to South Florida, as many scammers see this as a way to earn easy, though illegal, money, “said acting Special Agent in Charge Chad Yarbrough, FBI Miami. “What is disturbing about this investigation is that there are over 7,600 people around the country with fraudulent nursing credentials who are potentially in critical health care roles treating patients. Were it not for the diligence and hard work of the investigators on this case, the extent of this fraud may not have been discovered.”
The charges speak to the purpose of a nursing license which is to protect the public from harm by setting minimum qualifications and competencies.
“The alleged selling and purchasing of nursing diplomas and transcripts to willing but unqualified individuals is a crime that potentially endangers the health and safety of patients and insults the honorable profession of nursing,” said Special Agent in Charge Omar Pérez Aybar of Department of Health and Human Services, Office of Inspector General (HHS-OIG). “In coordination with our law enforcement partners, HHS-OIG continues to aggressively investigate bad actors who so brazenly disregard the well-being of others in order to enrich themselves fraudulently.”
Charges Related to Fraudulent Nursing Diplomas and Transcripts from Siena College.
U.S. v. Witherspoon, et al., case no.: 23-60005-Cr-Smith
U.S. v. Sanon, case no.: 23-60013-Cr-Moreno
The charging documents describe Siena College as a Broward County school licensed by the Florida Commission for Independent Education and the Florida Board of Nursing that offers a Practical Nursing Program and an RN to Bachelor of Science in Nursing Program. Eunide Sanon managed Siena College.
The indictment charges defendants Stanton Witherspoon of Burlington County N.J.; Alfred Sellu of Burlington County N.J.; and Rene Bernadel of Westchester County, N.Y. with conspiring to commit and committing wire fraud. The indictment alleges that Witherspoon, Sellu, and Bernadel solicited and recruited individuals who sought nursing credentials to gain employment as an RN or LPN/VN. It is alleged that these defendants arranged with Sanon, who managed Siena College and is charged by information with wire fraud conspiracy, to create and distribute false and fraudulent diplomas and transcripts. These fake documents represented that the aspiring RN and LPN/VN candidates had attended Siena College’s nursing program in Broward County and completed the necessary courses and clinicals to obtain RN or LPN/VN diplomas. In fact, the aspiring nurses never completed the necessary courses and clinicals.
The information against Sanon alleges that he and others sold thousands of fake Siena College nursing diplomas and educational transcripts to nursing applicants who used them to obtain RN or LPN/VN licenses in various states and nursing jobs with unwitting health care providers throughout the country.
Charges Related to Fraudulent Nursing Diplomas and Transcripts from Palm Beach School of Nursing.
U.S. v. Russ, et al., case no.: 23-60007-Cr-Singhal
According to the charging documents, Palm Beach School of Nursing’s objective was to prepare students to meet Florida’s licensing and nursing board requirements and become eligible to take the national licensing exam in order to work as registered nurses.
The indictment charges Gail Russ of Broward County; Cheryl Stanley of Collier County, Fla.; Krystal Lopez of Palm Beach County; Ricky Riley of Broward County; Norberto Lopez of Palm Beach County; Damian Lopez of Palm Beach County; Francois Legagneur of Nassau County, N.Y.; Reynoso Seide of Union County, N.J.; Cassandre Jean of Palm Beach County; Yelva Saint Preux of Suffolk County, N.Y.; Evangeline Naissant of Nassau County, N.Y.; Rony Michel of Monmouth County, N.J.; Vilaire Duroseau of Essex County, N.J.; and Yvrose Thermitus, a/k/a “Yvrose Thompson,” of Union County, N.J., with conspiring to commit, and committing, wire fraud. The indictment alleges that these defendants solicited and recruited individuals who sought nursing credentials to gain employment as an RN or LPN/VN.
It is alleged that these recruiter defendants then arranged with Palm Beach School of Nursing’s owner Johanah Napoleon and school employees Gail Russ, Cheryl Stanley, Krystal Lopez, and Ricky Riley to create and distribute false and fraudulent diplomas and transcripts representing that the aspiring RN and LPN/VN candidates had attended Palm Beach School of Nursing and completed the necessary courses and clinicals to obtain RN or LPN/VN diplomas. In fact, the aspiring nurses never completed the necessary courses and clinicals.
The nursing applicants used the fake diplomas and transcripts they purchased from the owner and employees of Palm Beach School of Nursing to obtain RN or LPN/VN licenses in various states and nursing jobs with unwitting health care providers throughout the country. Napoleon was previously charged by information and has pled guilty to conspiring to commit health care fraud and wire fraud, as well as wire fraud (case nos. 22-60111-Cr-Smith and 22-60118-Cr-Smith).
Charges Related to Fraudulent Nursing Diplomas and Transcripts from Sacred Heart International Institute
U.S. v. Jean, et al., case no.: 23-60010-Cr-Smith
U.S. v. Etienne, case no.: 23-60012-Cr-Singhal
According to charging documents, Sacred Heart International Institute was a Broward County School licensed by the Florida Board of Nursing that offered a nursing program designed to prepare students for employment as practical nurses.
The indictment charges Ludnie Jean of Harris County, Texas; Serge Jean of Harris County, Texas; Simon Itaman of Harris County, Texas; Anna Itaman of Harris County, Texas; Rhomy Louis of Suffolk County, N.Y.; and Nadege Auguste of Broward County with conspiring to and committing wire fraud. It is alleged that these defendants solicited and recruited individuals who sought nursing credentials to gain employment as an LPN/VN. These recruiters then arranged with Charles Etienne, Sacred Heart’s owner, to create and distribute false and fraudulent transcripts and diplomas representing that the aspiring candidates had attended Sacred Heart and completed the necessary courses and clinicals to obtain LPN/VN diplomas. In fact, the aspiring nurses never completed the necessary courses and clinicals. Etienne is charged by information with conspiracy to commit wire fraud.
The nursing candidates used the fake diplomas and transcripts they purchased from Sacred Heart to obtain LPN/VN licenses in various states and nursing jobs with unwitting health care providers throughout the country.
U.S. Attorney for the Southern District of Florida Markenzy Lapointe; acting Special Agent in Charge Chad Yarbrough, FBI, Miami Field Office; and Special Agent in Charge Omar Perez Aybar, HHS-OIG, made the announcement.
FBI Miami and HHS-OIG Miami investigated these cases. Valuable assistance was provided by Homeland Security Investigations, Miami Field Office; U.S. Department of Veterans Affairs-Office of Inspector General; United States Postal Inspection Service, Miami; and Florida Attorney General-Florida Medicaid Fraud Control Unit, Mid-Atlantic Field Office. Assistant U.S. Attorney Christopher J. Clark is prosecuting this case and Assistant U.S. Attorney Nicole Grosnoff is handling asset forfeiture. This case is being prosecuted in conjunction with a related criminal matter in the District of Maryland.
A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent unless and until proven guilty in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Click here to access charging documents.
23-CR-60005
23-CR-60007
23-CR-60010
23-CR-60012
23-CR-60013Four Men Convicted of Engaging in a Child Exploitation Enterprise for Participation in the “Rapey.su” WebsiteRead the Press Release
ALEXANDRIA, Va. – A federal court convicted a Bremerton, Washington, man yesterday on charges of engaging in a child exploitation enterprise.
According to court records and evidence presented at trial, from around September to December 2020, Christopher William Kuehner, 38, was a prominent member of the website “Rapey.su,” which was dedicated to, among other things, child sexual exploitation. After becoming a member of the website, Kuehner repeatedly induced and enticed minor girls to produce child sexual abuse material for both him and the other members of the website.
Special Agents from Homeland Security Investigations (HSI) Washington, D.C. field office seized and shut down the website in December of 2020.
Co-defendants, Jacob Royce Mullins, 20, of South Webster, Ohio, Kyle William Leishear, 43, of Bayonet Point, Florida, and Matthew Martin, 25, of Lancaster, Wisconsin pleaded guilty to their roles in the enterprise.
In a related case last year, a federal court in the Eastern District of Virginia also convicted Ashley Kolhoff, 22, of Port Clinton, Ohio, of production of child pornography for her participation on the Rapey.su website. Other users around the country have been prosecuted successfully in state and federal court for their conduct committed on the website.
Kuehner faces a mandatory minimum of 20 years in prison when sentenced on April 25. Mullins and Martin also face a mandatory minimum of 20 years in prison when sentenced on April 25, as does Leishear when sentenced on May 9. 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 Derek W. Gordon, Acting Special Agent in Charge of U.S. Homeland Security Investigations (HSI) Washington, D.C. made the announcement after U.S. District Judge Leonie M. Brinkema announced the verdict.
Assistant U.S. Attorney Seth Schlessinger and Trial Attorney Whitney Kramer of the Justice Department’s Child Exploitation and Obscenity Section are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc
In 2021, EDVA launched “UnMasked,” a community-based educational outreach and prevention program in Virginia dedicated to raising awareness and educating the community about the prevalence of online sexual exploitation involving children and young adults. UnMasked is a multi-disciplinary partnership of local, state, federal, and non-profit stakeholders. The core curriculum is provided by the National Center for Missing and Exploited Children’s (NCMEC) NetSmartz program. To report an incident involving online sexual exploitation, call 1-800-843-5678 or submit a report at report.cybertip.org. To request an UnMasked event at your school or organization, please contact EDVA’s Community Outreach Coordinator at [email protected].
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. 1:22-cr-120.
Four Men Convicted of Engaging in a Child Exploitation EnterpriseRead the Press Release
A federal court convicted a Washington state man yesterday for engaging in a child exploitation enterprise.
According to court documents and evidence presented at trial, Christopher William Kuehner, 38, of Bremerton, was a prominent member of the website “Rapey.su,” which was dedicated to, among other things, child sexual exploitation. After becoming a member of the website, Kuehner repeatedly induced and enticed minor girls to produce child sexual abuse material for both him and the other members of the website.
In a related case last year, a federal court in the Eastern District of Virginia also convicted Ashley Kolhoff, 22, of Port Clinton, Ohio, of production of child pornography for her participation on the Rapey.su website. Other users around the country have been prosecuted successfully in state and federal courts for their conduct committed on the website.
Homeland Security Investigations (HSI) agents seized and shut down the website in December 2020.
Kuehner was convicted of engaging in a child exploitation enterprise. He is scheduled to be sentenced on April 25. Co-conspirators Jacob Royce Mullins, 20, of South Webster, Ohio; Kyle William Leishear, 43, of Bayonet Point, Florida; and Matthew Martin, 25, of Lancaster, Wisconsin, pleaded guilty to their roles in the enterprise. Mullins and Martin are both scheduled to be sentenced on April 25. Leishear is scheduled to be sentenced on May 9. They each face a mandatory minimum of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Jessica D. Aber for the Eastern District of Virginia, and Acting Special Agent in Charge Derek W. Gordon of HSI Washington, D.C. made the announcement.
HSI Washington, D.C. investigated the case.
Trial Attorney Whitney Kramer of the Justice Department’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Seth Schlessinger for the Eastern District of Virginia are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Suffolk County Legislator and Co-Conspirator Convicted of Defrauding Mortgage Lender Out of More Than A Quarter of A Million DollarsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced the convictions of GEORGE GULDI, a former Suffolk County legislator and disbarred attorney, and VICTORIA DAVIDSON for defrauding Ditech Financial LLC, a mortgage lender, out of more than a quarter of a million dollars. The jury convicted GULDI and DAVIDSON of all counts following an approximately two-week trial before U.S. District Judge Alvin K. Hellerstein.
U.S. Attorney Damian Williams said: “George Guldi, while in prison, concocted and conducted a scheme along with his co-conspirator, Victoria Davidson, to brazenly steal more than $250,000 through blatant lies. Today, a jury held them accountable for their scheme, and they will both face justice for their shameless misconduct.”
According to the Complaint, the Superseding Indictment, court filings, evidence presented during the trial, and public information:
In February 2017, Ditech Financial LLC (“Ditech”), a mortgage lender, received a payment of approximately $250,000 from JPMorgan Chase in connection with the settlement of a civil lawsuit between several financial institutions. Ditech mistakenly treated the funds as a payment from GULDI toward his own mortgage, and it sent a letter to GULDI in March 2017 stating that it would not credit the payment because he owed more than the payment.
GULDI, who was in state prison at the time for insurance-related offenses and knew that he had not actually sent any money to Ditech, then enlisted his former girlfriend, DAVIDSON, to contact Ditech and try to “break” the funds “loose,” as he put it in a recorded call from prison. In the ensuing weeks, DAVIDSON called Ditech at least 19 times and, during those calls, told multiple lies in an attempt to obtain the funds — including falsely stating that she was an attorney and an officer of GULDI’s company and that GULDI had purportedly sent the funds to Ditech “accidentally” and wanted them returned.
In April 2017, after weeks of DAVIDSON’s misrepresentations, Ditech wired the funds to DAVIDSON’s personal bank account. Within two weeks, DAVIDSON had drained the bulk of the funds out of her account, paying various of her and GULDI’s expenses and purchasing multiple cashier’s checks. Within months, the money was gone.
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GULDI, 69, of Ludlow, Vermont, and DAVIDSON, 57, of Lakeville, Connecticut, were each convicted of one count of conspiracy to commit wire fraud and bank fraud, one count of wire fraud, and one count of bank fraud. The conspiracy and bank fraud counts carry a maximum sentence of 30 years in prison, and the wire fraud count carries a maximum sentence of 20 years in prison.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as sentencing of the defendants will be determined by the judge. GULDI is scheduled to be sentenced on May 30, 2023, and DAVIDSON is scheduled to be sentenced on May 31, 2023.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorneys Madison Reddick Smyser, Jonathan L. Bodansky, and Daniel C. Richenthal, with the assistance of Paralegal Specialists Arjun Ahuja and William Sirmon IV, are in charge of the prosecution.
Former Prison Guard Arrested for Sexual Abuse of InmatesRead the Press Release
A former Bureau of Prisons (BOP) correctional officer was arrested today in Oahu, Hawaii, on criminal charges related to his alleged sexual abuse of female inmates.
“As alleged, the defendant’s conduct targeted vulnerable victims and undermined the dual mission of the Bureau of Prisons: to provide a safe, humane custodial environment while preparing individuals for a return to society,” said Deputy Attorney General Lisa O. Monaco. “The charges announced today reflect the Department’s commitment to root out sexual misconduct within the BOP and to hold accountable those who illegally exploit their authority.”
According to court documents, Mikael Rivera, 45, of Kapolei, Hawaii, was a correctional officer at the Federal Detention Center in Honolulu from approximately 2014 to 2018. While on duty as a correctional officer, Rivera allegedly committed multiple sexual acts with one inmate through the use of threats and engaged in sexually abusive conduct with two additional inmates under his supervision.
“As alleged, the defendant abused his position of power as a correctional officer and sexually abused multiple inmates under his supervision,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “This case demonstrates that the Criminal Division will not hesitate to hold accountable any officer who preys upon vulnerable victims and violates the public’s trust.”
“Government employees entrusted with the custody of inmates are responsible for the safety of both the community as well as those inmates,” said U.S. Attorney Clare E. Connors for the District of Hawaii. “This prosecution holds a prison guard accountable for flagrantly and repeatedly violating the law, and thereby failing to meet this responsibility.”
Rivera is charged with six counts of sexual abuse by threats and 11 counts of sexual abuse of a ward. If convicted, he faces a maximum of life in on each count of sexual abuse by threats and up to 15 years in prison on each count of sexual abuse of a ward.
“No inmate should ever experience abuse at the hands of Federal Bureau of Prisons employees,” said Inspector General Michael E. Horowitz of the Department of Justice Office of the Inspector General (DOJ-OIG). “The Department of Justice Office of the Inspector General is committed to aggressively investigating allegations of abuse, including sexual abuse, across the BOP.”
The DOJ-OIG is investigating the case with assistance from the FBI.
Senior Litigation Counsel Marco A. Palmieri and Deputy Chief Jennifer A. Clarke of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Sara D. Ayabe for the District of Hawaii are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Postal Worker Sentenced for Obstruction of MailRead the Press Release
NEW ORLEANS, LOUISIANA – KEVIN HART, age 31, of Marrero, Louisiana, was sentenced to a $100.00 fine and a $10.00 mandatory special assessment fee by United States District Court Judge Wendy B. Vitter.
According to court documents, HART was employed by the United States Postal Service as a City Carrier Associate and was assigned to work at Johnson Street Post Office, Metairie, Louisiana 70001. On or about July 1, 2021, HART knowingly and willfully did obstruct and retard the passage of the mail in that he unlawfully secreted, destroyed, detained, and delayed approximately 236 pieces of mail that were recovered from a dumpster in Metairie.
This case was investigated by special agents from the U.S. Postal Service, Office of Inspector General (“USPS-OIG”). The prosecution of this case is being handled by Assistant U.S. Attorneys Rachal Cassagne and David Berman.
Former New Mexico Taxation and Revenue employee sentenced for wire fraud, identity theft, money launderingRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced yesterday that George Martinez was sentenced to 94 months in prison. Martinez, 46, of Albuquerque, pleaded guilty on July 11, 2022, to 42 counts each of wire fraud and aggravated identity theft and six counts of money laundering. The Court ordered Martinez to pay $1,216,205 in restitution, and issued a forfeiture money judgment in the amount of $689,797.
From 2009 through July 16, 2018, Martinez used his position as the Unit Supervisor/Bureau Chief of the Questionable Refund Unit at the New Mexico Taxation and Revenue Department to fraudulently alter tax refunds and direct them to bank accounts that he controlled. Martinez perpetrated the fraud by copying tax returns that had already been processed or creating new returns in taxpayers’ accounts. He altered information such as taxpayers’ Social Security numbers, bank account numbers and withholding amounts in the returns. By changing the withholding amounts, he increased the amounts of the refunds. Martinez fraudulently directed $1,216,205 into accounts in his control.
“Today’s sentence sends a strong message: If you abuse the public trust, you will pay the price,” said New Mexico Taxation and Revenue Secretary Stephanie Schardin Clarke.
“We will aggressively protect your tax dollars from fraud, especially when driven by the greed of a corrupt government official,” stated United States Attorney Alexander M.M. Uballez. “Our system of governance depends on the trust and faith of the people we serve. There are few more important pressure points for our democracy than the system that funds it. We work tirelessly with our partners to ensure public dollars serve the public.”
“New Mexico taxpayers expect their public servants to be honest, ethical and beyond reproach,” stated IRS Criminal Investigation Special Agent in Charge Albert Childress. “In this case, the defendant not only violated the public trust, he personally enriched himself by committing identity theft, altering tax refunds and directing nearly $700,000 of ill-gotten gains to himself.”
“When a supervisor entrusted with the taxpayers’ money enriches himself like this defendant did, it’s a serious crime that can shake people’s confidence in their government,” said Raul Bujanda, FBI Special Agent in Charge. “That’s why the FBI teamed up with IRS Criminal Investigation and the New Mexico Taxation and Revenue Department to aggressively investigate this case and make sure justice was done. We hope today’s sentencing sends a warning to anyone in government who might be tempted to illegally help themselves to the public till: The FBI will come after you and will make sure you pay for every penny you stole.”
Upon his release from prison, Martinez will be subject to 3 years of supervised release.
The FBI Albuquerque Field Office and the IRS Criminal Investigation Phoenix Field Office investigated this case with assistance from the New Mexico Taxation and Revenue Department’s Tax Fraud Investigations Division. Assistant U.S. Attorneys Paul Schied and Jeremy Peña prosecuted the case. Taxation and Revenue has strengthened its internal controls by overhauling system access privileges and updating business procedures. Officials continue to monitor daily business activity for abnormalities and suspicious transactions.
TFID also provides training to employees on how to spot potential fraud and operates a hotline for employees and the public to report suspicious activity. Possible fraud can be reported by calling 1-866-457-6789 or by email at [email protected].
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23-15
Former Leader of the Violent "Clan del Golfo" Drug Trafficking Organization Pleads Guilty to Engaging in a Continuing Criminal Enterprise and Other Related ChargesRead the Press Release
Dairo Antonio Úsuga David, known by various aliases, including “Otoniel,” pleaded guilty today to running a continuing criminal enterprise—the Colombian paramilitary and multibillion dollar drug organization known as the “Clan del Golfo” (CDG). Úsuga David also pleaded guilty to related drug distribution charges. When sentenced, Úsuga David will face a mandatory minimum term of 20 years in prison and up to life in prison. As part of the plea agreement, Úsuga David also agreed to pay a $216 million forfeiture money judgment. The proceeding was held before United States District Judge Dora L. Irizarry.
Úsuga David was charged by way of indictments filed in the Eastern District of New York, United States v. Dairo Antonio Usuga David, et al., 14-CR-625 (S-4) (E.D.N.Y.) (the “EDNY Indictment”), in the Southern District of Florida, United States v. Dairo Antonio Usuga David, 15-CR-20403 (S-1) (the “SDFL Indictment”), and in the Southern District of New York, United States v. Dairo Antonio Usuga David, 04-CR-962 (S-3) (the “SDNY Indictment”) (collectively the “Indictments”).
The EDNY Indictment charged Úsuga David with, among other things, engaging in a continuing criminal enterprise from June 2003 through October 2021. The SDFL Indictment charged Úsuga David with, among other things, maritime narcotics distribution conspiracy from 2002 through October 23, 2021. The SDNY Indictment charged Úsuga David with, among other things, narcotics importation conspiracy from 2001 through April 2009. Úsuga David was extradited from Colombia to the Eastern District of New York in May 2022.
Pursuant to a plea agreement, Úsuga David agreed to the transfer of the SDFL Indictment and the SDNY Indictment for plea and sentencing in the Eastern District of New York. Thus, Úsuga David will be held accountable in the Eastern District of New York for the criminal conduct encompassing the three Indictments.
Merrick B. Garland, United States Attorney General; Breon Peace, United States Attorney for the Eastern District of New York; Markenzy Lapointe, United States Attorney for the Southern District of Florida; Damian Williams, United States Attorney for the Southern District of New York; Anne Milgram, Administrator, U.S. Drug Enforcement Administration (DEA); Ivan Arvelo, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI); Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); Keechant L. Sewell, Commissioner, New York City Police Department (NYPD); and Steven A. Nigrelli, Acting Superintendent, New York State Police (NYSP), announced the guilty pleas.
“With today’s guilty plea, the bloody reign of the most violent and significant Colombian narcotics trafficker since Pablo Escobar is over. Úsuga David has now been held accountable for his leadership of the Clan del Golfo, which was responsible for trafficking tons of illegal narcotics from Colombia to the United States and incalculable acts of violence against law enforcement, military personnel, and civilians in Colombia and elsewhere,” stated United States Attorney Peace. “Today’s guilty plea is the result of the determined work of numerous law enforcement personnel in the United States, Colombia, and elsewhere. It is our hope that bringing Úsuga David to justice can provide a measure of solace to the victims of his narcotics trafficking and violence in Colombia and the United States.”
Mr. Peace extended his appreciation to the United States Attorneys’ Offices for the Middle District of Florida and Eastern District of Texas; the Justice Department’s Office of International Affairs; the Justice Department Criminal Division’s Narcotic and Dangerous Drug Section (NDDS); Judicial Attachés in Bogotá, Colombia; NDDS SOD Trial Attorneys; the United States Marshals Service; the Port Authority Police Department; the President of Colombia; the Colombian Attorney General’s Office; the Colombian National Police; the Colombian Ministry of National Defense; the Colombian Ministry of Justice; and the Colombian Ministry of Foreign Affairs, for assistance in the investigation, arrest, and extradition of the defendant.
“The guilty plea of alias Otoniel is the result of exemplary international cooperation,” said U.S. Attorney for the Southern District of Florida Markenzy Lapointe. “It also signifies years of hard work, commitment and perseverance of our Colombian and U.S. law enforcement partners to stem the flow of cocaine into the United States and to bring a major international drug trafficker to justice.”
“Today’s guilty plea sends a clear message to the leaders of drug cartels around the world that the DEA will stop at nothing to investigate and dismantle criminal drug networks that threaten the safety and health of the American people,” said Administrator Anne Milgram. “DEA investigated Otoniel—one of the most violent and prolific drug traffickers in the world—for almost 20 years. Under Otoniel’s leadership, Clan del Golfo shipped massive quantities of cocaine into the United States and killed rivals that threatened the cartels’ trafficking operations. I commend the men and women of the DEA for their many years of outstanding work that culminated in today’s guilty plea.”
“Today’s guilty plea ends Dairo Antonio Usuga David’s nearly 20-year reign of terror as a member and eventual leader of the notorious drug trafficking organization Clan del Golfo – an organization whose violent criminal activities pose a major strategic drug and national security threat to both the United States and Colombia,” said Ivan J. Arvelo, Special Agent in Charge for Homeland Security Investigations (HSI) in New York. “HSI will not stand by while narco-terrorists peddle poison around the globe for their own selfish financial gains. We will continue to work with our domestic and international law enforcement partners to disrupt and dismantle these dangerous transnational criminal enterprises and bring the perpetrators to justice.”
As today's plea details, Usaga David admitted to leading a savage and violent cartel responsible for trafficking enormous amounts of illegal narcotics to the United States. The FBI along with our law enforcement partners are dedicated in our efforts to make sure ruthless actors like Usaga David are held accountable for their destructive actions in our criminal justice system,” stated Assistant Director-in-Charge Driscoll.
“Today’s guilty plea further affirms the New York City Police Department’s unwavering commitment to ridding our streets of illegal narcotics,” stated NYPD Commissioner Keechant L. Sewell. “Because we know this vital work is far from over, we will continue to stand united with our local, state, federal, and international law enforcement partners in the fight against violent drug traffickers, wherever they are based. To that end, I thank and commend the New York State Police, the FBI, the DEA, Homeland Security Investigations, the U.S. Attorney for the Eastern District, and every other detective, agent, and attorney involved in this important case.”
New York State Police Acting Superintendent Steven A. Nigrelli said, “I applaud the remarkable work done by our State Police members and law enforcement partners in this case. Today’s guilty plea is proof that we will not tolerate those who bring dangerous drug activity into our communities and put the health and safety of others at risk. The State Police will continue to work with our partners to put an end to these violent enterprises to make our state a safer place.”
According to the Indictments, between June 2003 and October 2021, Úsuga David was the leader of a continuing criminal enterprise responsible for exporting multi-ton shipments of cocaine from Colombia to Mexico and Central America for ultimate importation into the United States. Additionally, Úsuga David participated in conspiracies to distribute narcotics via maritime vessels and also to manufacture and distribute cocaine, knowing and intending that the narcotics would be illegally imported into the United States.
The Clan Del Golfo
Between 2012 and through his capture by Colombian military and law enforcement forces on October 23, 2021, Úsuga David was the leader of the CDG.
The CDG is one of the most violent and most powerful criminal organizations in Colombia, and it is one of the largest distributors of cocaine in the world. With as many as 6,000 members, the CDG exercises military control over vast amounts of territory in the Urabá region of Antioquia, Colombia, one of the most lucrative drug trafficking areas within Colombia due to its proximity to the Colombia-Panama border and the Caribbean and Pacific coasts. Clad in military uniforms, CDG members employ military tactics and weapons to reinforce their power and incite wars and violence against rival drug traffickers, paramilitary organizations, and Colombian law enforcement authorities who threaten the CDG’s control.
The CDG funds its operations primarily through drug trafficking. It imposes a “tax” on any drug traffickers operating in territory under its control, charging fees for every kilogram of cocaine manufactured, stored, or transported through areas controlled by the organization. The CDG also directly exports cocaine, and coordinates the production, purchase, and transfer of weekly and bi-weekly multi-ton shipments of cocaine from Colombia into Central America and Mexico for ultimate importation to the United States.
To maintain control over CDG territory, Úsuga David and the CDG employed an army of “sicarios,” or hitmen, who carried out acts of violence, including murders, assaults, kidnappings, torture, and assassinations against competitors and those deemed traitors to the organization, as well as their family members. The CDG murdered and assaulted Colombian law enforcement officers, Colombian military personnel, rival drug traffickers and paramilitaries, potential witnesses, and civilians. Úsuga David and the CDG used violence to promote and enhance the reputation, and position of the CDG with respect to rival criminal organizations; preserve, protect, and expand the CDG’s power and territory; finance the CDG’s operations and enrich its leaders through the collection of drug debts; maintain discipline among its members and associates; and protect CDG members from arrest and prosecution by attempting to silence potential witnesses and retaliating against law enforcement authorities and those assisting law enforcement.
The Defendant’s Conduct
According to court filings, Úsuga David served as a high-ranking leader within the CDG from its inception and was its principal leader for 10 years. During his reign, Úsuga David oversaw all of the CDG’s activities and directed its members to engage in extensive criminal acts, including acts of violence, mandated “strikes” or shutdowns of all business activities and civilian movement within designated regions of Colombia, retaliation against law enforcement authorities and potential witnesses, the exertion of control over drug manufacturing facilities and trafficking routes, and the exportation of cocaine in multi-ton quantities.
Úsuga David assumed power and territorial control over vast swaths of the Colombian coastline and personally directed members of the CDG to commit acts of violence to reinforce that power. This included violence against civilians. For example, in early 2012, following the death of Úsuga David’s brother, Juan de Dios Úsuga David (also known as “Giovanni”), in a police raid, Úsuga David ordered that a multi-day shutdown or “strike” be imposed on towns and communities within the CDG’s control. During the strike, CDG members ordered that all businesses remain closed, and that residents stay in their homes. For multiple days, the streets remained empty, as Úsuga David ordered CDG members to execute those who did not adhere to his orders.
Úsuga David also personally ordered CDG members to commit murders of specific individuals, including the murders of rival drug traffickers and members of the CDG who betrayed him or the organization. For example, Úsuga David ordered the assassinations of multiple individuals who worked for a rival drug trafficking organization run by Daniel Barrera Barrera. Úsuga David also ordered the torture and murder of a CDG member who provided information to Barrera’s organization. That individual was subsequently tortured, buried alive, exhumed, and beheaded post-mortem.
In addition, Úsuga David regularly directed CDG members to use violence, intimidation, and murder to dissuade law enforcement authorities from performing their duties and to silence potential witnesses. For example, at Úsuga David’s direction, the CDG carried out organized campaigns, referred to as “Plan Pistolas,” to kill Colombian law enforcement and military personnel using military-grade weapons, including grenades, explosives, and assault rifles. Úsuga David also offered bounties for the murder of Colombian police officers and military personnel to intimidate law enforcement authorities and prevent them from capturing him or interfering in the CDG’s business. Úsuga David’s organization made numerous attempts to assassinate individuals who were believed to be cooperating with law enforcement. For example, CDG members attempted to poison a witness with cyanide while he was imprisoned overseas and attempted to assassinate the witness’s attorney.
Úsuga David was also extensively involved in the narcotics activities that funded the CDG and enabled its power. He oversaw the CDG’s drug trafficking exports and directed a network of “debt collectors” tasked with the enforcement and collection of taxes paid by drug trafficking organizations that operated in regions controlled by the CDG. In addition, Úsuga David controlled cocaine manufacturing facilities and used the CDG’s extensive distribution network to export cocaine independently for his own personal profit.
Asset Forfeiture
As part of the plea agreement, Úsuga David agreed to pay a $216 million forfeiture money judgment. The forfeiture money judgment is subject to the Agreement between the Government of the United States of America and the Government of the Republic of Colombia concerning the Sharing of Forfeited Proceeds and Instrumentalities of Crime.
The investigation, extradition, and conviction of Úsuga David 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.
The government’s case is being handled by the Eastern District of New York’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Francisco J. Navarro, Gillian A. Kassner, and Tara B. McGrath are in charge of the prosecution with assistance from Paralegal Specialist Sophia Cronin, and Assistant United States Attorney Claire S. Kedeshian of the Office’s Asset Recovery Section is handling forfeiture matters. Assistant United States Attorney Robert Emery of the Southern District of Florida and Assistant United States Attorney Alexander Li of the Southern District of New York led the prosecutions for their respective offices.
The Defendant:
Dairo Antonio Úsuga David (also known as “Otoniel,” “Mao,” “Gallo” and “Mauricio-Gallo”)
Age: 51
Antioquia, ColombiaE.D.N.Y. Docket Nos. 14-CR-625 (S-4) (DLI)
23-CR-021 (DLI)
23-CR-027 (DLI)
Foreign National Pleads Guilty to Mailing Ricin to President of the United States in 2020Read the Press Release
A dual citizen of Canada and France pleaded guilty today to sending a threatening letter containing homemade ricin to then-President Donald J. Trump at the White House in September 2020, and eight similar letters, each containing ricin, to Texas State law enforcement officials.
According to court documents, Pascale Cecile Veronique Ferrier, 55, admitted in the plea agreements that she made ricin at her residence in Quebec, Canada, in September 2020. Ricin is a deadly poison made from castor beans. Ferrier placed the ricin in envelopes containing letters she wrote to then-President Trump at the White House and to eight Texas State law enforcement officials.
Ferrier was detained in the State of Texas for around 10 weeks in the spring of 2019, and she believed that the law enforcement officials were connected to her period of detention. In early September 2020, Ferrier used the Twitter social media service to propose that someone should “please shoot [T]rump in the face.” The letters in the envelopes contained threatening language, and the letter addressed to then-President Trump instructed him to “[g]ive up and remove [his] application for this election.” Ferrier mailed each of the threatening ricin letters from Canada to the United States. Ferrier then drove a car from Canada to the Peace Bridge Border Crossing in Buffalo, New York, on Sept. 20, 2020, where border patrol officials found her in possession of a loaded firearm, hundreds of rounds of ammunition and other weapons.
Ferrier pleaded guilty to prohibitions with respect to biological weapons before the Honorable Dabney L. Friedrich of the U.S. District Court for the District of Columbia. Ferrier also pleaded guilty to eight additional violations of prohibitions with respect to biological weapons in a case brought against her in the U.S. District Court for the Southern District of Texas, and consented to the transfer of that case to the District of Columbia for plea and sentencing.
The Honorable Dabney L. Friedrich scheduled the sentencing hearing for April 26. Ferrier will be sentenced to 262 months of imprisonment if the court accepts the plea agreements. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Matthew M. Graves for the District of Columbia, and Acting Assistant Director John Morales of the FBI Weapons of Mass Destruction Directorate made the announcement.
The FBI Washington and San Antonio Field Offices investigated the case with valuable assistance provided by the U.S. Secret Service and the U.S. Postal Inspection Service.
Assistant U.S. Attorney Michael J. Friedman for the District of Columbia; Assistant U.S. Attorneys Rob Jones, David Coronado, and David Lindenmuth for the Southern District of Texas; and Trial Attorney David Smith of the National Security Division’s Counterterrorism Section are prosecuting the case.
Foreign National Pleads Guilty to Mailing Ricin to President of the United States in 2020Read the Press Release
Defendant Also Mailed Threatening Ricin Letters to Texas Law Enforcement Officials
WASHINGTON – Pascale Cecile Veronique Ferrier, 55, a dual citizen of Canada and France, pleaded guilty today to sending threatening letters containing homemade ricin (a toxin) in September 2020 to then-President Donald J. Trump at the White House and to eight Texas State law enforcement officials.
The plea was announced by U.S. Attorney for the District of Columbia Matthew M. Graves, U.S. Attorney for the Southern District of Texas Alamdar S. Hamdani, Assistant Attorney General of the National Security Division Matthew G. Olsen, Assistant Director in Charge of the FBI’s Washington Field Office David Sundberg, and Special Agent in Charge of the FBI’s San Antonio Field Office Oliver E. Rich, Jr.
According to court documents, Ferrier admitted that she made ricin at her residence in Quebec, Canada, in September 2020. Ricin toxin is a deadly poison made from the waste material left over from processing castor beans. Ferrier placed the ricin in envelopes containing letters she wrote to then-President Trump at the White House and to eight Texas State law enforcement officials.
“There is no place for political violence in our country, and no excuse for threatening public officials or endangering our public servants,” said U.S. Attorney for the District of Columbia Matthew M. Graves. “We hope this resolution will serve as a warning that using our mail system to send a toxic substance and other threats of this type will cost you your freedom for many years.”
“This woman did not succeed in her efforts to poison numerous public officials in our district, but her actions still created fear and stress for many of these dedicated public servants,” said U.S. Attorney Alamdar S. Hamdani. “We are grateful for the hard work of the FBI and our other law enforcement partners in identifying and apprehending her.”
“In addition to her intended targets, Pascale Ferrier's reckless actions could have harmed postal employees, first responders, or innocent bystanders,” said David Sundberg, Assistant Director in Charge of the FBI Washington Field Office. “Today's plea agreement demonstrates the FBI's and our partners' determination to investigate and bring to justice those who seek to harm or intimidate government officials or law enforcement officers.”
“Threats against public officials and law enforcement are unconscionable and will not be tolerated,” said Special Agent in Charge Oliver E. Rich, Jr., of the FBI San Antonio Division. “The FBI remains committed to working with our partner investigative agencies to protect all Americans from threats of violence and harm.”
Ferrier had been detained in the State of Texas for around ten weeks in the spring of 2019, and she believed that the law enforcement officials were connected to her period of detention. In early September 2020, Ferrier used the Twitter social media service to propose that someone should “please shoot [T]rump in the face.” The letters in the envelopes contained threatening language, and the letter addressed to then-President Trump instructed him to “[g]ive up and remove [his] application for this election.” Ferrier mailed each of the threatening ricin letters from Canada to the United States. Ferrier then drove a car from Canada to the Peace Bridge Border Crossing in Buffalo, New York, on Sept. 20, 2020, where border patrol officials found her in possession of a loaded firearm, hundreds of rounds of ammunition, and other weapons, and arrested her. Ferrier has remained in custody.
Ferrier pleaded guilty to prohibitions with respect to biological weapons in two separate criminal cases before the Honorable Dabney L. Friedrich of the U.S. District Court for the District of Columbia. One case was brought in the District of Columbia, and the other was brought in the Southern District of Texas and transferred to the District of Columbia for purposes of plea and sentencing.
The Honorable Dabney L. Friedrich scheduled the sentencing hearing for April 26, 2023, when Ferrier will be sentenced to 262 months in prison if the Court accepts the plea agreements.
The investigation was handled by the FBI’s Washington Field Office and San Antonio Field Office. Assistance was provided by the United States Secret Service and the United States Postal Inspection Service.
The case is being prosecuted by Assistant United States Attorney Michael J. Friedman of the U.S. Attorney’s Office for the District of Columbia; Assistant United States Attorneys Rob Jones, David Coronado, and David Lindenmuth of the U.S. Attorney’s Office for the Southern District of Texas, and Trial Attorney David Smith of the DOJ’s National Security Division Counterterrorism Section.
Florida Woman Arrested for Defrauding Holocaust Survivor of $2.8 Million in Connection with Romance ScamRead 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 unsealing of an Indictment today charging PEACHES STERGO with engaging in a years-long scheme to defraud an 87-year-old Holocaust survivor of his life savings. STERGO was arrested today and will be presented in the Middle District of Florida. The case has been assigned to U.S. District Judge Edgardo Ramos.
U.S. Attorney Damian Williams said: “As alleged, for years, Stergo deceived an 87-year-old Holocaust survivor, maliciously draining his life savings so she could become a millionaire through fraud. Stergo forged documents and impersonated a bank employee in exchange for a life of fancy trips, Rolex watches, and luxury purchases. Today’s arrest reemphasizes this Office’s commitment to seeking justice for victims of financial frauds.”
FBI Assistant Director Michael J. Driscoll said: "Today we allege the defendant callously preyed on a senior citizen simply seeking companionship, defrauding him of his life savings. The FBI is determined to get justice for victims of fraud and to ensure that scammers face justice for their actions.”
According to the allegations contained in the Indictment, which was unsealed today in Manhattan federal court:[1]
From at least in or about May 2017, up to and including at least October 2021, STERGO engaged in a scheme to defraud an 87-year-old Holocaust survivor (the “Victim”) of over $2.8 million, which was his life savings.
STERGO met the Victim on a dating website approximately six or seven years ago. In or about early 2017, STERGO asked the Victim to borrow money to pay her lawyer, who she claimed was refusing to release funds from an injury settlement. After the Victim gave her the money, STERGO said the settlement funds had been deposited into her TD Bank account. In reality, bank records show STERGO never received any money from an injury settlement.
Over the next four and a half years, STERGO continued her lies. She repeatedly demanded that the Victim deposit money into her bank accounts. She claimed that if he did not, her accounts would be frozen, and he would never be paid back. In total, the Victim wrote 62 checks — totaling over $2.8 million — that were deposited into one of two of STERGO’s bank accounts.
In furtherance of the fraud, STERGO created a fake email account, intended to appear as if it belonged to a TD Bank employee. She also created fake letters from a TD Bank employee and fake invoices.
While the Victim lost his life savings and was forced to give up his apartment, STERGO lived a life of luxury with the millions she received from the fraud: she bought a home in a gated community, a condominium, a boat, and numerous cars, including a Corvette and a Suburban. During the course of the fraud, STERGO also took expensive trips, staying at places like the Ritz Carlton, and spent many tens of thousands of dollars on expensive meals, gold coins and bars, jewelry, Rolex watches, and designer clothing from stores like Tiffany, Ralph Lauren, Neiman Marcus, Louis Vuitton, and Hermes.
* * *
STERGO, 36, of Champions Gate, Florida, is charged with one count of wire fraud, which carries a maximum sentence of 20 years in prison.
The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the FBI.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Adam Sowlati is in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Florida Man Pleads Guilty in Scheme to Steal Polymers that Caused Losses of More Than $4.1 MillionRead the Press Release
CLEVELAND – A Parkland, Florida, man pleaded guilty on Tuesday, Jan. 24, 2023, to devising a scheme that defrauded several companies involved in the sale of polymers, including one business in Northeast Ohio, and multiple logistic companies, causing losses of more than $4.1 million.
According to court documents, from July 2013 to January 2020, Terrence Anderson, 66, devised a scheme to steal shipments of polymers from businesses involved in the sale of the chemicals. The scheme was achieved, in part, by fraudulently obtaining services from logistic companies involved in processing rail shipments.
Court documents show that Anderson owned and operated Coral Polymers, a corporation headquartered in Parkland that bought and resold polymers. As part of the scheme, Anderson would pose as fictional employees of well-known large corporations and contact sellers of polymers, including one company in Northeast Ohio, to facilitate large purchases of the substances, which were to be delivered by railcar to victim logistics companies at particular locations.
Contrary to his representations, court documents state that Anderson never intended to pay for the polymers but rather sought to resell them to third-party buyers. Court documents show that Anderson submitted purchase orders for shipments worth approximately $4,855,312 from at least eight sellers and obtained shipments worth more than $3.7 million from six of those sellers.
After ordering the polymers, Anderson arranged for victim logistics companies to unload the railcars, store the substances, repackage, and load them for shipment to their final destination. In addition, court documents show that Anderson enlisted the services of a co-conspirator who owned a trucking company. In an attempt to conceal the identity of the trucking company and the vehicle drivers, Anderson and the co-conspirator directed drivers picking up the shipments in semi-trailer trucks to remove or conceal vehicle license plates, provide fake identification documents if prompted, and to conceal from the logistics companies the true destinations of the deliveries.
Court documents state that Anderson, using Coral Polymers, had instead arranged to resell the shipments to third-party buyers for substantial sums of money, concealing from those buyers the true origin of the polymers.
In total, court records show that Anderson caused losses of more than $4.1 million to the victims he defrauded.
This case was investigated by the Cleveland Division of the FBI and is being prosecuted by Assistant U.S. Attorney Elliot Morrison.
Federal Grand Jury Indicts Florida Resident for Kidnapping Resulting in DeathRead the Press Release
BIRMINGHAM, Ala. – A grand jury this week indicted a resident of Florida for kidnapping, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Acting Special Agent in Felix A. Rivera-Esparra.
A one-count indictment filed in the U.S. District Court charges Marcus Spanevelo, 35, of Panama City, Florida, with a kidnapping that resulted in a death arising out of events that occurred in the Northern District of Alabama in March 2022.
The punishment range for kidnapping resulting in death is life in prison or death.
The FBI investigated the case along with the Alabama Law Enforcement Agency and the Santa Rosa County Sheriff’s Office in Florida. Assistant U.S. Attorneys Alan Baty, Bill Simpson and John Camp are prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Ex Líder de la Violenta Organización del "Clan del Golfo" Se Declara Culpable de Participar Activamente en Operaciones Delictivas y Otros Delitos ConexosRead the Press Release
Dairo Antonio Úsuga David, alias, “Otoniel," quién dirigía una organización paramilitar llegó a ser uno de los mayores traficantes de cocaína del mundo y a ser el responsable de ordenar que se cometieran despiadados actos de violencia contra militares, civiles inocentes y fuerzas del orden público
Dairo Antonio Úsuga David, conocido por sus varios alias, incluyendo el de "Otoniel", se declaró culpable hoy de dirigir una organización delictiva: la organización paramilitar colombiana y multimillonaria conocida como el "Clan del Golfo" (CDG). Úsuga David también se declaró culpable de narcotráfico. Durante la imposición de la pena, Úsuga David enfrentará una condena mínima de 20 años de prisión a cadena perpetua. Como parte del acuerdo logrado con la fiscalía, Úsuga David también aceptó pagar $216 millones por concepto de incautación mediante un fallo judicial. El procedimiento se llevó a cabo ante la Jueza Federal del Distrito, Dora L. Irizarry.
A Úsuga David le fueron formulados cargos por medio de las imputaciones presentadas por el Distrito Este de Nueva York, Estados Unidos c. Dairo Antonio Úsuga David, et al., 14-CR-625 (S-4) (E.D.N.Y.) ("Acusación del EDNY"), el Distrito Sur de Florida, Estados Unidos vs. Dairo Antonio Úsuga David, 15-CR-20403 (S-1) (“acusación del SDFL"), y el Distrito Sur de Nueva York, Estados Unidos vs. Dairo Antonio Úsuga David, 04-CR-962 (S-3) ("acusación del SDNY") (colectivamente las "acusaciones").
En la acusación del EDNY se le imputa a Úsuga David, entre otras cosas, de dirigir una organización delictiva desde junio de 2003 hasta octubre de 2021, y una organización delictiva para tráfico de narcóticos por vía marítima desde el 2002 hasta el 23 de octubre del 2021. En la denuncia del SDFL se le acusa a Úsuga David, entre otras cosas, de asociación delictiva para importación de narcóticos desde el 2001 hasta abril del 2009. Úsuga David fue extraditado de Colombia al Distrito Este de Nueva York en mayo del 2022.
En virtud de un acuerdo de culpabilidad con la fiscalía, Úsuga David aceptó la transferencia de las denuncias del SDFL y del SDNY para su aceptación de culpabilidad e imposición de pena en la jurisdicción federal del Distrito Este de Nueva York. Así Úsuga David será responsabilizado en el Distrito Este de Nueva York por delitos cometidos abarcados por las tres denuncias.
Merrick B. Garland, Fiscal General de los Estados Unidos; Breon Peace, Fiscal Federal de los Estados Unidos por el Distrito Este de Nueva York; Marke Holanzy Lapointe, Fiscal Federal de los Estados Unidos por el Distrito Sur de Florida; Damian Williams, Fiscal Federal por el Distrito Sur de Nueva York; Anne Milgram, Directora, Administración para el Control de Drogas de los Estados Unidos (DEA); Iván Arvelo, agente encargado, Investigaciones de Seguridad Nacional, Nueva York (HSI); Michael J. Driscoll, Subdirector a cargo, Oficina Federal de Investigaciones, Oficina de Campo de Nueva York (FBI); Keechant L. Sewell, Comisionado, Departamento de Policía de la Ciudad de Nueva York (NYPD); y Steven A. Nigrelli, Superintendente Interino de la Policía Estatal de Nueva York (NYSP), dieron a conocer dicha declaración de culpabilidad.
“Con su admisión de culpabilidad en el día de hoy, ha llegado a su fin el sangriento reinado del narcotraficante colombiano más violento y señalado desde Pablo Escobar. Úsuga David ahora ha sido responsabilizado por dirigir el Clan del Golfo, que fue responsable por el tráfico de toneladas de narcótico desde Colombia a Estados Unidos y un sinnúmero de incursiones violentas contra las fuerzas del orden público, personal militar y civiles, tanto en Colombia como en otros lugares", declaró el Fiscal Federal Peace. “La declaración de culpabilidad de hoy es el resultado de la determinación y esfuerzo de un gran número de elementos del orden público de los Estados Unidos, Colombia y otros lugares. Esperamos que haber traído a Úsuga David ante la justicia pueda proporcionar una medida de consuelo a las víctimas de su tráfico de narcóticos y violencia en Colombia y Estados Unidos.”
El Sr. Peace extendió su agradecimiento a las oficinas de la fiscalía federal de los Estados Unidos para el Distrito Central de Florida y el Distrito Este de Texas; la Oficina de Asuntos Internacionales del Departamento de Justicia; la Sección de Narcóticos y Drogas Peligrosas (NDDS) de la División Penal del Departamento de Justicia; Agregados Judiciales en Bogotá, Colombia; Abogados litigantes de NDDS SOD; el Servicio de Alguaciles de los Estados Unidos; el Departamento de Policía de la Autoridad Portuaria; el Presidente de Colombia; la Fiscalía General de la Nación; la Policía Nacional de Colombia; el Ministerio de Defensa Nacional de Colombia; el Ministerio de Justicia de Colombia; y al Ministerio de Relaciones Exteriores de Colombia, por su asistencia en la investigación, detención y extradición del acusado.
“La declaración de culpabilidad de alias Otoniel es el resultado de una cooperación internacional ejemplar”, dijo el fiscal federal para el Distrito Sur de Florida, Markenzy Lapointe. “También representa años de arduo trabajo, compromiso y perseverancia de nuestros socios colombianos y estadounidenses de las agencias del orden público para detener el flujo de cocaína hacia los Estados Unidos y llevar a un importante narcotraficante internacional ante la justicia.”
“La admisión de culpabilidad en este día envía un mensaje claro a los líderes de los cárteles de la droga de todo el mundo de que la DEA no se detendrá ante nada para investigar y desmantelar las redes criminales de drogas que amenazan la seguridad y la salud del pueblo estadounidense”, dijo la administradora Anne Milgram. “La DEA investigó a Otoniel, uno de los narcotraficantes más violentos y prolíficos del mundo, durante casi 20 años. Bajo el liderazgo de Otoniel, el Clan del Golfo envió cantidades masivas de cocaína a los Estados Unidos y mató a rivales que amenazaban las operaciones de tráfico de los cárteles. Felicito a los hombres y mujeres de la DEA por sus muchos años de destacada labor que culminó en la declaración de culpabilidad de hoy.”
“La declaración de culpabilidad del día de hoy pone fin al reinado de terror de casi 20 años de Dairo Antonio Úsuga David como miembro y eventual líder de la notoria organización narcotraficante Clan del Golfo, una organización cuyas actividades criminales violentas representan una importante amenaza estratégica relacionadas con drogas y la seguridad nacional tanto para Estados Unidos como para Colombia”, dijo Iván J. Arvelo, Agente Federal a cargo la sección de Investigaciones del Departamento de Seguridad Nacional (HSI) en Nueva York. “HSI no se quedará de brazos cruzados mientras los narcoterroristas venden su veneno en todo el mundo para conseguir ganancias con sus fines egoístas. Continuaremos trabajando con nuestros socios nacionales e internacionales de organismos de seguridad para interrumpir y desmantelar estas peligrosas organizaciones criminales transnacionales y traer a los perpetradores ante la justicia.”
“Como se detalla en la declaración del día de hoy, Úsuga David admitió haber liderado brutal y violento un cártel responsable del tráfico de enormes cantidades de narcóticos a los Estados Unidos. El FBI, junto con nuestros socios encargados de las fuerzas policiales, estamos comprometidos en nuestro esfuerzo para asegurarnos que actores despiadados como Úsuga David rindan cuentas por sus acciones destructivas ante nuestros tribunales penales”, declaró el subdirector encargado Driscoll.
El superintendente interino de la Policía Estatal de Nueva York, Steven A. Nigrelli, dijo: “Aplaudo el notable trabajo realizado por nuestros miembros de la Policía Estatal y socios encargados de hacer cumplir la ley en este caso. La declaración de culpabilidad de hoy es una prueba de que no toleraremos a aquellos que traen actividades peligrosas de drogas a nuestras comunidades y ponen en riesgo la salud y la seguridad de los demás. La Policía Estatal continuará trabajando con nuestros socios para poner fin a estas empresas violentas para hacer de nuestro estado un lugar más seguro.”
“Esta declaración de culpabilidad en el día de hoy, afirma aún más el compromiso inquebrantable del Departamento de Policía de la Ciudad de Nueva York de librar a nuestras calles de narcóticos ilegales”, declaró el comisionado del departamento de policía de Nueva York, Keechant L. Sewell. “Debido a que sabemos que esta importante labor está lejos de terminar, continuaremos unidos con nuestros agencias locales, estatales, federales e internacionales encargadas de hacer cumplir la ley en la lucha contra los narcotraficantes violentos, dondequiera que se encuentren. Con ese fin, agradezco y elogio a la Policía del Estado de Nueva York, el FBI, la DEA, al Departamento de Investigaciones de Seguridad Nacional, al Fiscal Federal para el Distrito Este y a todos los demás detectives, agentes y procuradores de justicia involucrados en este importante caso.”
Según se le imputa, entre junio del 2003 y octubre del 2021, Úsuga David fue el líder de una red de delincuencia organizada responsable de exportar cargamentos de varias toneladas de cocaína desde Colombia a México y Centroamérica para su destino final, Estados Unidos. Además, Úsuga David participó en un sinnúmero de envíos de varias toneladas para el tráfico de narcóticos a través de embarcaciones marítimas y también para producción y distribución de cocaína, a sabiendas y con la intención de que dichos estupefacientes serían importados ilegalmente a los Estados Unidos.
El Clan del Golfo
Entre el 2012, hasta el momento de su captura por las fuerzas militares y policiales colombianas, el 23 de octubre del 2021, Úsuga David estuvo al mando del CDG.
El CDG, una de las organizaciones criminales más violentas y poderosas de Colombia, es uno de los mayores distribuidores de cocaína del mundo. Con aproximadamente 6.000 miembros, el CDG ejerce control militar sobre vastas extensiones de territorio en la región de Urabá en Antioquia, Colombia, una de las áreas de narcotráfico más lucrativas dentro de Colombia debido a su proximidad a la frontera entre Colombia y Panamá y las costas del Caribe y el Pacífico. Vestidos con uniformes militares, los miembros del CDG emplean tácticas y armamento militar como demostración de su poder y para incitar a la guerra y la violencia contra narcotraficantes rivales, organizaciones paramilitares y autoridades policiales colombianas que amenacen el control del CDG.
El CDG financia sus operaciones principalmente a través del tráfico de drogas. Impone un "impuesto" a cualquier narcotraficante que opere en el territorio bajo su control, cobrando tarifas por cada kilogramo de cocaína que sea producido, almacenado o transportado a través de áreas controladas por la organización. El CDG también exporta directamente cocaína y coordina la producción, compra y transferencia de cargamentos semanal y quincenalmente de varias toneladas de cocaína desde Colombia a Centroamérica y México para su destino final, los Estados Unidos.
Para mantener el control sobre el territorio del CDG, Úsuga David y el CDG empleaban un ejército de "sicarios", o gatilleros, que llevaron a cabo actos de violencia, incluyendo homicidios, asaltos, secuestros, torturas y asesinatos contra competidores y aquellos considerados traidores a la organización, y así como sus familiares. El CDG asesinaba y agredía a agentes del orden público de Colombia hola, personal militar colombiano, narcotraficantes y paramilitares rivales, testigos potenciales y a civiles. Úsuga David y el CDG hicieron uso de violencia para promover y mejorar la reputación y la posición del CDG con respecto a las organizaciones criminales rivales; preservar, proteger y expandir el poder y el territorio del CDG; financiar las operaciones del CDG y enriquecer a sus líderes a través del cobro de deudas por drogas; mantener la disciplina entre sus miembros y asociados; y proteger a los miembros del CDG de la detención y el enjuiciamiento a través del intento de silenciar testigos potenciales y tomar represalias represalias contra autoridades policiales y aquellos que asistan a las autoridades en el cumplimiento de la ley.
La conducta del acusado
Según documentos judiciales, Úsuga David se desempeñó como líder de alto rango dentro del CDG desde su inicio y fue su principal líder durante 10 años. Bajo su dirección, Úsuga David supervisaba todas las actividades del CDG y ordenaba a sus miembros llevar a cabo una serie de actos delictivos, que incluían él uso de la violencia, ordenar "huelgas" o cese de toda actividad comercial y cese de desplazamiento de la población civil dentro de regiones designadas de Colombia, represalias contra las autoridades policiales y contra posibles testigos, el ejercicio del control sobre las instalaciones de producción de drogas y las rutas de tráfico y la exportación de toneladas de cocaína.
Úsuga David asumió el poder y el control territorial sobre vastas franjas de la costa colombiana y dirigió personalmente a los miembros del CDG a cometer actos de violencia para afianzar dicho poder. Esto incluía la violencia contra civiles. Por ejemplo, a principios del 2012, tras la muerte del hermano de Úsuga David, Juan de Dios Úsuga David (también conocido como "Giovanni"), en una redada policial, Úsuga David ordenó que se impusiera un cierre o "huelga" de varios días en las ciudades y comunidades bajo el control del CDG. Durante la huelga, los miembros de CDG ordenaron que todos los negocios permanecieran cerrados y que los residentes permanecieran en sus hogares. Durante varios días, las calles permanecieron vacías, ya que Úsuga David ordenó a los miembros del CDG que ejecutaran a aquellos que no cumplieran con sus órdenes.
Úsuga David también ordenaba personalmente a los miembros del CDG que cometieran asesinatos de particulares, incluidos los asesinatos de narcotraficantes rivales y miembros del CDG que lo hayan traicionado a él o a la organización. Por ejemplo, Úsuga David ordenó el asesinato de varias personas que trabajaban para una organización narcotraficante rival dirigida por Daniel Barrera Barrera. Úsuga David también ordenó la tortura y asesinato de un miembro del CDG que proporcionó información a la organización de Barrera. Ese individuo fue posteriormente torturado, enterrado vivo, exhumado y decapitado post mortem.
Además, Úsuga David ordenaba Con frecuencia a miembros del CDG que hicieran uso de la violencia, intimidación y el asesinato para disuadir a las autoridades policiales de cumplir con sus deberes y silenciar a posibles testigos. Por ejemplo, bajo la dirección de Úsuga David, el CDG llevó a cabo campañas organizadas, conocidas como "Plan Pistolas", para matar a personal policial y militar colombiano utilizando armas de tipo militar, las que incluían: granadas, explosivos y rifles de asalto. Úsuga David también ofrecía recompensas por el asesinato de policías y militares colombianos para intimidar a las autoridades policiales y evitar que lo capturasen o interfieran con los asuntos del CDG. La organización de Úsuga David llevó a cabo numerosos intentos para asesinar a personas que se creía que estaban cooperando con la policía. Por ejemplo, miembros del CDG intentaron envenenar con cianuro a un testigo que se encontraba encarcelado en el extranjero e intentaron también asesinar a su abogado.
Úsuga David también estuvo ampliamente involucrado en actividades de tráfico de estupefacientes que financiaban y permitían ganar poder al CDG. Supervisaba todas las exportaciones de narcotráfico del CDG y dirigía una red de "cobradores de deudas" encargados de imponer y recaudar impuestos cobrados a organizaciones de narcotráfico que operaban en regiones controladas por el CDG. Además, Úsuga David controlaba las instalaciones de producción de cocaína y utilizaba la extensa red de distribución del CDG para exportar cocaína de forma independiente para beneficio personal.
Confiscación de activos
Como parte del acuerdo pactado con la fiscalía, Úsuga David acordó pagar una incautación de $ 216 millones. El fallo sobre la incautación de este monto está sujeto a la concertación entre el Gobierno de los Estados Unidos de América y el Gobierno de la República de Colombia sobre la Participación y Decomiso de los Instrumentos y Productos del Delito.
La investigación, extradición y condena de Úsuga David es parte de una investigación de la unidad de Tarea de Control de Drogas contra el Crimen Organizado (OCDETF). OCDETF identifica, interrumpe y desmantela a los narcotraficantes de más alto nivel, blanqueadores de dinero, pandillas y organizaciones delictivas transnacionales que amenazan a los Estados Unidos, mediante el uso de un enfoque dirigido por fiscales, impulsado por datos de inteligencia y de múltiples agencias que aprovechas las fortalezas de las agencias federales, estatales y locales del orden público contra las redes delictivas.
La causa está siendo presentada por la Sección Internacional de Narcóticos y Lavado de Dinero del Distrito Este de Nueva York. Francisco J. Navarro, fiscal federal del ministerio público, Gillian A. Kassner y Tara B. McGrath están a cargo de la acusación con el apoyo de la asistente legal Sophia Cronin, y la Fiscal Federal Adjunta Claire S. Kedeshian de la Oficina de la Sección de Recuperación de Activos está manejando todo lo relacionado con la incautación. El Fiscal Federal Adjunto Robert Emery del Distrito Sur de Florida y el Fiscal Federal Adjunto Alexander Li del Distrito Sur de Nueva York dirigieron los procesamientos para sus respectivas oficinas.
The Defendant:
Dairo Antonio Úsuga David (también conocido como "Otoniel", "Mao", "Gallo" y "Mauricio-Gallo")
Edad: 51
Antioquia, ColombiaE.D.N.Y. Expediente Núm. 14-CR-625 (S-4) (DLI)
23-CR-021 (DLI)
23-CR-027 (DLI)
El Paso Woman Arrested for Wire Fraud, Impersonation of Federal EmployeeRead the Press Release
EL PASO, Texas – An El Paso woman was arrested Monday in El Paso on criminal charges related to her alleged wire fraud and impersonation of a federal employee.
According to court documents, Ana Maria Hernandez, 53, portrayed herself to be a U.S. Citizenship and Immigration Services (CIS) employee and defrauded more than 20 victims by providing them the false pretext that she would process their immigration applications for a substantial fee. Hernandez’s victims provided her with the documentation required to file and adjust their immigration status. Investigators revealed that Hernandez had amassed more than $400,000 of unexplained wealth within the 18 months coinciding with her fraudulent activity.
An indictment returned by an El Paso grand jury charges Hernandez with 10 counts of wire fraud and one count of impersonating an employee of the United States. The maximum penalty is 20 years imprisonment on each wire fraud count and three years on the impersonation count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Francisco B. Burrola of the Homeland Security Investigations (HSI) El Paso Division made the announcement.
HSI El Paso is investigating the case.
Assistant U.S. Attorney Patricia Aguayo is prosecuting the case.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Eagle Butte Man Sentenced for Theft from a Tribal Elderly Nutrition ProgramRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced an Eagle Butte, South Dakota, man convicted of Theft From an Indian Tribal Organization. The sentencing took place on January 23, 2023.
Robert Chasing Hawk, Jr., age 39, was sentenced to two months in federal prison, followed by two years of supervised release. He was ordered to pay $9,869.86 in restitution to the Cheyenne River Sioux Tribe Elderly Nutrition Program, and to pay a $100 special assessment to the Federal Crime Victims Fund.
Chasing Hawk, Jr. was indicted for Theft From an Indian Tribal Organization by a federal grand jury in February of 2022. He pleaded guilty on October 4, 2022.
Chasing Hawk, Jr. was an employee for the Cheyenne River Sioux Tribe Elderly Nutrition Program. The Cheyenne River Sioux Tribe Elderly Nutrition Services, Inc. provides reduced price lunch service for elderly tribal members and individuals with disabilities. The Nutrition Center receives funds from State, Federal, and Tribal entities to assist in the feeding of Tribal and non-Tribal members in the community, including the Cheyenne River Sioux Tribe. As an employee of the Elderly Nutrition Program, Chasing Hawk, Jr. wrote and cashed a total of 17 checks totaling $12,869.86 for his own use and benefit. He later repaid $3,000 of that amount.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the FBI. Assistant U.S. Attorney Jay Miller prosecuted the case.
Chasing Hawk, Jr. was immediately remanded to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Possession with Intent to Distribute a Controlled SubstanceRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court has sentenced an Eagle Butte, South Dakota, man convicted of Possession With Intent to Distribute a Controlled Substance. The sentencing took place on January 23, 2023.
Allen Michael Garreau, age 38, was sentenced to five years in federal prison, followed by four years of supervised release, and ordered to pay a $1,000 fine and a $100 special assessment to the Federal Crime Victims Fund.
Garreau was indicted for Possession With Intent to Distribute a Controlled Substance by a federal grand jury in May of 2021. He pleaded guilty on October 5, 2022.
Garreau possessed 77 grams of methamphetamine with the intent to further distribute that methamphetamine to individuals on the Cheyenne River Sioux Indian reservation and other locations in South Dakota.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Garreau was immediately remanded to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Failure to AppearRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced an Eagle Butte, South Dakota, man convicted of Failure to Appear. The sentencing took place on January 23, 2023.
Cheyne Thompson, age 31, was sentenced to 12 months and one day in federal prison, followed by two years of supervised release. He was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Thompson was indicted for Failure to Appear by a federal grand jury in July of 2020. He pleaded guilty on October 5, 2022.
Thompson was convicted in 2012 in U.S. District Court for Second Degree Burglary. Following his release from prison, he was on supervised release with the U.S. Probation Office. On July 1, 2019, a Petition to Revoke Supervised Release was filed, alleging that Thompson violated the terms and conditions of his supervised release. Following his arrest on the Petition on August 23, 2019, Thompson was detained until November 13, 2019, when he was released to attend treatment. Following his release, Thompson absconded and failed to attend his sentencing hearing on January 13, 2020. Thompson's whereabouts remained unknown until he was arrested approximately two years later on February 16, 2022.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Thompson was immediately remanded to the custody of the U.S. Marshals Service.
District of Columbia Man Sentenced to 13 Years in Prison for Killing Man in Northeast WashingtonRead the Press Release
Victim Shot in Broad Daylight in the Presence of Minors
WASHINGTON – Jarell Harris, 28, of Washington, D.C., was sentenced today to a 13-year prison term for confronting and killing a man in broad daylight in Northeast Washington, announced U.S. Attorney Matthew M. Graves and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).
Harris waived a preliminary hearing, and pleaded guilty in September 2022, in the Superior Court of the District of Columbia, to voluntary manslaughter while armed. The plea, which was contingent upon the Court’s approval, called for a 10 ½ to 13-year prison term, consistent with the Court’s voluntary sentencing guidelines. The Honorable Rainey R. Brandt accepted the plea and sentenced Harris accordingly. Following this conviction, Harris will be placed on five years of supervised release.
According to the government’s evidence, on March 4, 2022, at approximately 8:30 in the morning, Sedrick Miller was walking with two minor children and an adult in the 2300 block of 18th Street NE when Harris confronted Mr. Miller and shot at him 13 times. Mr. Miller, 42, suffered multiple gunshot wounds, including four gunshot wounds to the face and neck. He died a short time later.
Harris fled the scene after the shooting. He was arrested on May 6, 2022 and has been in custody ever since.
In announcing the sentence, U.S. Attorney Graves and Chief Contee commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the work of those who handled the case at the U.S. Attorney’s Office, including Victim/Witness Advocates Jennifer Clark and Latrice Washington-Williams, and Forensic Interview Specialist Tracy Owusu. Finally, they acknowledged the efforts of Assistant U.S. Attorney Prava Palacharla, who investigated and prosecuted the matter.
Dental Practice Owners Charged with Fraud and RICO ConspiracyRead the Press Release
Multiple dental practice owners and co-conspirators were charged in the Eastern District of Pennsylvania for allegedly engaging in a multifaceted racketeering conspiracy through a multi-state network of dental practices and related dental businesses.
On Jan. 18, a federal grand jury returned an indictment charging 12 individuals with operating and participating in a series of dental practices and related companies (the Savani Group) that engaged in visa fraud, health care fraud, wire fraud involving federal tax evasion, and money laundering. Six of the defendants were charged with being part of a racketeer influenced corrupt organization (RICO) conspiracy based on their roles in the Savani Group, and three defendants were also charged with obstruction of justice.
According to court documents, the defendants were allegedly part of a wide-ranging scheme to defraud Medicaid, U.S. Immigration authorities, the IRS, and the Food and Drug Administration (FDA), and to launder the fraud proceeds. Bhaskar Savani, 57, and Niranjan Savani, 51, both of Maple Glenn, Pennsylvania and both licensed dentists, owned and controlled the Savani Group dental practices. Arun Savani, 55, of Blue Bell, Pennsylvania, owned and managed the Savani Group companies and was responsible for the Savani Group’s financial affairs. The three brothers – Bhaskar, Niranjan, and Arun – allegedly conspired to recruit foreign workers for U.S. work visas while concealing the workers’ true job titles and responsibilities.
Sunil Philip, 57, of Newton, Pennsylvania, was an outside accountant for the Savani Group and personal accountant of Bhaskar, Arun, and Niranjan Savani. Philip, along with Bhaskar, Arun, and Niranjan Savani, allegedly engaged in a wire fraud scheme to evade federal taxes.
Amen Dhyllon, 44, of Wynnewood, Pennsylvania, was a licensed dentist for the Savani Group. Aleksandra Radomiak, 45, of Lansdale, Pennsylvania, was an employee and dental practice manager of the Savani Group. Dhyllon and Radomiak, along with Bhaskar, Arun, and Niranjan Savani, allegedly executed a scheme to use nominee owners of “on paper” dental practices to obtain and continue to profit from Medicaid contracts after managed care companies terminated the Savani Group dental practices’ Pennsylvania Medicaid contracts.
Jon Julian, 70, of South Carolina, was a licensed dentist for the Savani Group. Along with Bhaskar and Niranjan Savani, Julian allegedly conspired to place adulterated and misbranded dental devices in U.S. commerce.
Vivek Savani, 35, Bharatkumar Parasana, 55, and Hiteshkumar Goyani, 39, all of North Wales, Pennsylvania; and Piyusha Patel, 41, of Ankenny, Iowa, were employed under the H1B visa program under the pretense of serving in specialty occupations for the Savani Group but actually performed office support roles for the Savani Group’s dental practices.
Susan Malpartida, 27, of Passaic, New Jersey, served in an office support function and allegedly obstructed the investigation when she made false statements about a Savani Group employee’s job function.
The defendants and their charges:
Name
Charges
If convicted, each defendant faces maximum imprisonment of:
Bhaskar Savani
Conspiracy to commit racketeering, conspiracy to commit visa fraud, visa fraud, conspiracy to obstruct justice, conspiracy to commit health care fraud, health care fraud, money laundering conspiracy, money laundering, conspiracy to defraud the United States Treasury, wire fraud, and conspiracy to distribute an adulterated and misbranded medical device in interstate commerce.
Racketeering Conspiracy: (20 years)
Conspiracy to Commit Visa Fraud: (5 years)
Visa Fraud: (10 years)
Conspiracy to Obstruct Justice: (5 years)
Conspiracy to Commit Health Care Fraud: (10 years)
Health Care Fraud: (120 years)
Money Laundering Conspiracy: (20 years)
Money Laundering: (210 years)
Conspiracy to Defraud the United States Treasury: (5 years)
Wire Fraud: (20 years)
Conspiracy To Distribute an Adulterated and Misbranded Medical Device in Interstate Commerce: (5 years)
Arun Savani
Conspiracy to commit racketeering, conspiracy to commit visa fraud, visa fraud, conspiracy to obstruct justice, conspiracy to commit health care fraud, health care fraud, money laundering conspiracy, money laundering, conspiracy to defraud the United States Treasury, and wire fraud.
Racketeering Conspiracy: (20 years)
Conspiracy to Commit Visa Fraud: (5 years)
Visa Fraud: (20 years)
Conspiracy to Obstruct Justice: (5 years)
Conspiracy to Commit Health Care Fraud: (10 years)
Health Care Fraud: (120 years)
Money Laundering Conspiracy: (20 years)
Money Laundering: (210 years)
Conspiracy to Defraud the United States Treasury: (5 years)
Wire Fraud: (20 years)
Niranjan Savani
Conspiracy to commit racketeering, conspiracy to commit visa fraud, visa fraud, conspiracy to commit health care fraud, health care fraud, conspiracy to defraud the United States Treasury, wire fraud, and conspiracy to distribute an adulterated and misbranded medical device in interstate commerce.
Racketeering Conspiracy: (20 years)
Conspiracy to Commit Visa Fraud: (5 years)
Visa Fraud: (20 years)
Conspiracy to Commit Health Care Fraud: (10 years)
Health Care Fraud: (30 years)
Conspiracy to Defraud the United States Treasury: (5 years)
Wire Fraud: (20 years)
Conspiracy To Distribute an Adulterated and Misbranded Medical Device in Interstate Commerce: (5 years)
Sunil Philip
Conspiracy to commit racketeering, money laundering conspiracy, conspiracy to defraud the United States Treasury, and wire fraud.
Racketeering Conspiracy: (20 years)
Money Laundering Conspiracy: (20 years)
Conspiracy to Defraud the United States Treasury: (5 years)
Wire Fraud: (60 years)
Amen Dhyllon
Conspiracy to commit racketeering, conspiracy to commit health care fraud, health care fraud, and money laundering conspiracy.
Racketeering Conspiracy: (20 years)
Conspiracy to Commit Health Care Fraud: (10 years)
Health Care Fraud: (80 years)
Money Laundering Conspiracy: (20 years)
Aleksandra Radomiak
Conspiracy to commit racketeering, conspiracy to commit health care fraud, and health care fraud.
Racketeering Conspiracy: (20 years)
Conspiracy to Commit Health Care Fraud: (10 years)
Health Care Fraud: (20 years)
Jon Julian
Conspiracy to place adulterated and misbranded dental devices in commerce.
Conspiracy To Distribute an Adulterated and Misbranded Medical Device in Interstate Commerce: (5 years)
Vivek Savani
Conspiracy to commit visa fraud.
Conspiracy to Commit Visa Fraud: (5 years)
Bharatkumar Parasana
Conspiracy to commit visa fraud.
Conspiracy to Commit Visa Fraud: (5 years)
Hiteshkumar Goyani
Conspiracy to commit visa fraud.
Conspiracy to Commit Visa Fraud: (5 years)
Piyusha Patel
Conspiracy to commit visa fraud and visa fraud.
Conspiracy to Commit Visa Fraud: (5 years)
Visa Fraud: (10 years)
Susan Malpartida
Conspiracy to obstruct justice.
Conspiracy to Obstruct Justice: (5 years)
Bhaskar, Arun, and Niranjan Savani, Sunil Phillip, and Aleksandra Radiomak made their initial court appearances on Jan. 20 in the Eastern District of Pennsylvania.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania made the announcement.
The FBI, Homeland Security Investigations, IRS Criminal Investigation, U.S. Department of State Diplomatic Security Service, Department of Health and Human Services Office of the Inspector General, FDA, Department of Labor Office of the Inspector General, Pennsylvania Office of the Attorney General, Iowa Medicaid Fraud Control Unit, and Federal Aviation Administration are investigating the case.
Senior Policy Advisor Darrin L. McCullough and Trial Attorney Colin W. Trundle of the Criminal Division’s Money Laundering and Asset Recovery Section and Assistant U.S. Attorneys Leslie S. Bonney, Meaghan A. Flannery, Sarah L. Grieb, and Kevin L. Jayne for the Eastern District of Pennsylvania are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Culpeper Couple Sentenced to 9 Years for Fentanyl and Methamphetamine ConspiracyRead the Press Release
Charlottesville, Va.,– A Culpeper, Virginia man, who conspired with others, including his wife, to sell multiple kilograms of methamphetamine as well as thousands of counterfeit pills containing fentanyl, was sentenced this week to 9 years in federal prison.
Fahid Rashid, 32, pled guilty in November 2022 to one count of conspiring to distribute and possession with the intent to distribute 500 grams or more of methamphetamine and 40 grams of fentanyl, and one count of distributing methamphetamine.
Co-conspirators Akhter Ahmed, 30, of Fredericksburg, Virginia, and Rashid’s wife, Kahlisah Zuma Khan, 31, both previously pleaded guilty to drug conspiracy charges. Khan and Ahmed were sentenced in December 2022 to 45 months and 46 months, respectively.
According to court documents, beginning in at least June 2020 and continuing through April 2021, Rashid, Khan, and Ahmed used multiple addresses in Culpeper, Spotsylvania, Fairfax, and elsewhere for their drug trafficking of kilos of meth and pills laced with deadly fentanyl.
The Drug Enforcement Administration - Washington Division, the Blue Ridge Narcotics and Gang Task Force, the Spotsylvania County Sheriff’s Office, the Fairfax County Police Department, the Arlington County Police Department, and the United States Postal Inspection Service investigated the case. The Blue Ridge Narcotics and Gang Task Force is comprised of investigative personnel from the Culpeper, Fauquier, Orange, and Rappahannock Sheriffs’ Departments as well as the Culpeper and Warrenton Police Departments and the Virginia State Police Bureau of Criminal Investigation - Culpeper Field Office.
United States Attorney Christopher R. Kavanaugh and Jarod Forget, Special Agent in Charge of the DEA’s Washington Division announced the sentence today.
Assistant U.S. Attorney S. Cagle Juhan and former Assistant U.S. Attorney Kate Rumsey prosecuted the case.
Convicted Felon Sentenced to 15 Years for Aggravated Assault of a Federal Officer and Discharge of a FirearmRead the Press Release
Memphis, TN – Cody James Dimmett, 29, has been sentenced to 15 years in federal prison for assault of a federal officer and the use and discharge of a firearm during the assault. United States Attorney Kevin G. Ritz announced the sentence today.
According to the information presented in court, on May 25, 2021, the FBI and the Southaven Police were notified that Dimmett, wanted for multiple warrants, would be travelling through the area. When law enforcement noticed Dimmett's vehicle, they began a pursuit that ended in Memphis. Dimmett got out of his car with an SKS rifle and fired multiple rounds, striking an officer in the arm. He fled the scene in the officer’s vehicle and was later spotted in Arkansas. During the chase, Dimmett used the vehicle’s blue lights and led officers on a high-speed chase of more than 120 miles per hour, into Palestine, Arkansas, where he crashed and fled on foot. After several hours, the defendant surrendered.
On January 20, 2023, United States District Judge Thomas L. Parker sentenced Dimmett to 183 months in federal prison to be followed by five years of supervised release. There is no parole in the federal system.
This case was investigated by the Southaven Police Department, DeSoto County Sheriff’s Office, FBI, Memphis Police Department, Alabama, Arkansas, Georgia - State and Local Police Departments.
United States Attorney Ritz said: "This significant prison sentence justly reflects the severity of the crimes this defendant committed. I am glad we could hold him to account for his armed assault on law enforcement officers.”
“Federal law enforcement officers put their lives on the line to protect and defend our communities from violent criminals on a daily basis, and all too often those acts of violence are directed against law enforcement,” said Acting Special Agent in Charge Douglas S. DePodesta of the Memphis Field Office of the Federal Bureau of Investigation. “This sentencing reaffirms the FBI’s commitment to hold violent members of society accountable and send to prison those who commit crimes against the brave men and women who dedicate themselves to upholding and enforcing the law.”
United States Attorney Kevin Ritz thanked Assistant United States Attorneys Lorraine Craig and Greg Wagner, who prosecuted this case, as well as law enforcement partners who investigated the case.
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For more information, please contact Public Information Officer Cherri Green at (901) 544-4231 or [email protected]. Follow @WDTNNews on Twitter for office news and updates
Convicted Felon Found Illegally Possessing a Firearm Sentenced to Time in Federal PrisonRead the Press Release
SHREVEPORT, La. - United States Attorney Brandon B. Brown announced that Pernell Deon Russell, 25, of Shreveport, Louisiana, has been sentenced by United States District Judge S. Maurice Hicks, Jr. to 60 months in prison, followed by 3 years of supervised release, for illegally possessing a firearm.
According to evidence presented to the court, officers with the Shreveport Police Department responded to a complaint of shots being fired throughout the day at a residence in Shreveport. When officers approached the residence, Russell’s mother answered the door and told officers she was not aware of a firearm in the residence, or any shots being fired. Officers proceeded to talk with her son, Pernell Deon Russell, who lived at the residence. Russell admitted to officers that he did have a loaded Smith & Wesson 9mm pistol that he had purchased from an individual, as well as 388 grams of marijuana that he intended to sell, in his possession.
Russell has a previous felony conviction for possession with intent to distribute narcotics and is prohibited from possessing a firearm or ammunition. He was charged in this case with possession of a firearm by a convicted felon and pleaded guilty to that charge on September 13, 2022.
The case was investigated by the ATF and Shreveport Police Department and prosecuted by Assistant U.S. Attorney William Gaskins.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Company Operating Aluminum Processing Facility in the Dalles Pleads Guilty to Clean Air Act ViolationsRead the Press Release
PORTLAND, Ore.—On January 24, 2023, an Illinois-based company that operates an aluminum processing facility in The Dalles, Oregon, pleaded guilty to violating the Clean Air Act by negligently releasing a hazardous air pollutant from its facility, endangering employees and nearby community members.
Hydro Extrusion USA (Hydro), a limited liability corporation based in Rosemont, Illinois, pleaded guilty to negligent endangerment by discharging a hazardous pollutant.
“No cost savings or competitive advantage are worth the risk posed to the health and safety of Hydro’s workers or members of the community,” said Ethan Knight, Chief of the Economic Crimes Unit for the U.S. Attorney’s Office. “We will continue working closely with our partners at the EPA to ensure all businesses play by the rules.”
“By illegally melting contaminated scrap metal, the defendant knowingly and unlawfully violated environmental regulations and in doing so exposed their workers and the local community to hazardous air pollutants,” said Special Agent in Charge Scot Adair of the Environmental Protection Agency’s criminal investigation program in Oregon. “EPA, along with its state partners, are committed to holding companies accountable when they endanger the health of their employees and local communities.”
According to court documents, Hydro operates a secondary aluminum processing facility in The Dalles where it melts aluminum scrap in induction furnaces to produce reusable aluminum billets. While operating, air emissions from the company’s furnaces were open to the interior of the building and did not pass through any pollution control devices before reaching employees or being vented to ambient air.
Under the Clean Air Act, secondary aluminum production facilities are only permitted to use “clean charge,” aluminum scrap free of paints, coatings or lubricants. Despite this requirement, from July 2018 through June 2019, Hydro acquired and melted scrap aluminum coated in a mineral-oil based mixture that, when combusted, produced hazardous smoke. Hydro saved approximately $466,000 purchasing the unclean charge. During this time, Hydro employees noticed excessive smoke in the facility. Despite being notified by inspectors from EPA and the Oregon Department of Environmental Quality (Oregon DEQ), Hydro continued melting the unclean charge.
On August 23, 2022, after fully cooperating with the government’s investigation of this matter and agreeing to plead guilty, Hydro was charged by federal criminal information with one count of negligent endangerment.
Negligent endangerment under the Clean Air Act is punishable by a fine of up to $200,000 or twice the gross gains or losses resulting from the offense. As part of its plea agreement, Hydro has agreed to pay $550,125 prior to sentencing. The company will be sentenced on April 24, 2023, by U.S. District Court Judge Michael W. Mosman.
This case was investigated by the EPA Criminal Investigation Division (EPA-CID) with assistance from Oregon DEQ. It is being prosecuted by Ryan W. Bounds, Assistant U.S. Attorney for the District of Oregon.
Chinese National Sentenced to Eight Years in Prison for Acting Within the U.S. as an Unregistered Agent of the People’s Republic of ChinaRead the Press Release
CHICAGO — A Chinese national was sentenced today to eight years in federal prison for acting illegally within the United States as an agent of the People’s Republic of China.
A jury in the Northern District of Illinois last year convicted JI CHAOQUN, 31, on one count of conspiracy to act as an agent of a foreign government, specifically the People’s Republic of China, without first notifying the Attorney General; one count of acting as an agent of the People’s Republic of China without first notifying the Attorney General; and one count of making a material false statement to the U.S. Army. U.S. District Judge Ronald A. Guzman imposed the sentence.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Matthew G. Olsen, Assistant Attorney General for National Security at the U.S. Department of Justice; and Robert W. “Wes” Wheeler, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. The U.S. Army 902nd Military Intelligence Group provided valuable assistance. The government was represented by Assistant U.S. Attorneys Vikas Didwania and Barry Jonas of the Northern District of Illinois, and Senior Trial Attorney Heather Schmidt of the National Security Division’s Counterintelligence and Export Control Section.
Evidence presented at trial revealed that Ji worked at the direction of high-level intelligence officers in the Jiangsu Province Ministry of State Security, a provincial department of the Ministry of State Security for the People’s Republic of China. Ji, a Chinese citizen residing in Chicago, was tasked by Xu Yanjun, a Deputy Division Director within the Ministry of State Security, with providing biographical information on certain individuals for possible recruitment by the JSSD. The individuals included Chinese nationals who were working as engineers and scientists in the United States, some of whom worked for U.S. defense contractors. This tasking was part of an effort by the Jiangsu provincial department to obtain access to advanced aerospace and satellite technologies being developed by companies within the U.S. Xu was sentenced last year to 20 years in federal prison after being convicted in the Southern District of Ohio of conspiracy and attempting to commit economic espionage and theft of trade secrets.
In 2016, Ji enlisted in the U.S. Army Reserves under the Military Accessions Vital to the National Interest program, which authorized the U.S. Armed Forces to recruit certain legal aliens whose skills are considered vital to the national interest. In his application to participate in the MAVNI program, Ji falsely stated that he had not had contact with a foreign government within the past seven years. In a subsequent interview with a U.S. Army officer, Ji again failed to disclose his relationship and contacts with a foreign intelligence officer.
Evidence at trial further revealed that in 2018 Ji had several meetings with an undercover law enforcement agent who was posing as a representative of the Ministry of State Security. During these meetings, Ji explained that with his military identification, he could visit and take photos of “Roosevelt-class” aircraft carriers. Ji also explained that once he obtained his U.S. citizenship and security clearance through the MAVNI program, he would seek a job at the CIA, FBI, or NASA. Ji intended to perform cybersecurity work at one of those agencies so that he would have access to their databases, including databases that contained scientific research.
Chinese National Sentenced to Eight Years for Acting within the United States as an Unregistered Agent of the People’s Republic of ChinaRead the Press Release
A Chinese national was sentenced today to eight years in prison for acting illegally within the United States as an agent of the People’s Republic of China.
A jury in the Northern District of Illinois last year convicted Ji Chaoqun, 31, on one count of conspiracy to act as an agent of a foreign government, specifically the People’s Republic of China, without first notifying the Attorney General; one count of acting as an agent of the People’s Republic of China without first notifying the Attorney General; and one count of making a material false statement to the U.S. Army. U.S. District Judge Ronald A. Guzman imposed the sentence.
Evidence presented at trial revealed that Ji worked at the direction of high-level intelligence officers in the Jiangsu Province Ministry of State Security, a provincial department of the Ministry of State Security for the People’s Republic of China. Ji, a Chinese citizen residing in Chicago, was tasked by Xu Yanjun, a Deputy Division Director within the Ministry of State Security, with providing an intelligence officer with biographical information on certain individuals for possible recruitment by the JSSD. The individuals included Chinese nationals who were working as engineers and scientists in the United States, some of whom worked for U.S. defense contractors. This tasking was part of an effort by the Jiangsu provincial department to obtain access to advanced aerospace and satellite technologies being developed by companies within the U.S. Xu was sentenced last year to 20 years in federal prison after being convicted in the Southern District of Ohio of conspiracy and attempting to commit economic espionage and theft of trade secrets.
In 2016, Ji enlisted in the U.S. Army Reserves under the Military Accessions Vital to the National Interest program, which authorized the U.S. Armed Forces to recruit certain legal aliens whose skills are considered vital to the national interest. In his application to participate in the MAVNI program, Ji falsely stated that he had not had contact with a foreign government within the past seven years. In a subsequent interview with a U.S. Army officer, Ji again failed to disclose his relationship and contacts with a foreign intelligence officer.
Evidence at trial further revealed that in 2018 Ji had several meetings with an undercover law enforcement agent who was posing as a representative of the Ministry of State Security. During these meetings, Ji explained that with his military identification, he could visit and take photos of “Roosevelt-class” aircraft carriers. Ji also explained that once he obtained his U.S. citizenship and security clearance through the MAVNI program, he would seek a job at the CIA, FBI or NASA. Ji intended to perform cybersecurity work at one of those agencies so that he would have access to all their databases, including databases that contained scientific research.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney John R. Lausch Jr. for the Northern District of Illinois and Special Agent in Charge Robert W. “Wes” Wheeler Jr. of the FBI Chicago Field Office made the announcement.
The FBI investigated the case, with valuable assistance provided by the U.S. Army 902nd Military Intelligence Group.
Assistant U.S. Attorneys Vikas Didwania and Barry Jonas for the Northern District of Illinois, and Senior Trial Attorney Heather Schmidt of the National Security Division’s Counterintelligence and Export Control Section prosecuted the case.
Chillicothe, Illinois, Man Charged with Setting Fire to Planned ParenthoodRead the Press Release
PEORIA, Ill. – A Chillicothe, Illinois, man, Tyler W. Massengill, 32, of the 1000 block of North Sante Fe Avenue, has been arrested and charged by criminal complaint with malicious use of fire and an explosive to damage, and attempt to damage, the Planned Parenthood building in Peoria, Illinois.
On January 15, 2023, law enforcement received a report of a fire in progress at the Planned Parenthood in Peoria. Subsequent investigation, including a review of area surveillance from the fire scene, revealed that at approximately 11:20 PM, an older white pickup truck with red doors parked in an area adjacent to Planned Parenthood. Video footage depicts a man walking up to the building with a laundry detergent-sized bottle. The man lit a rag on fire on one end of the bottle, smashed a window with an object, then placed the container inside of the Planned Parenthood building. He then quickly left the area on foot.
The complaint alleges that law enforcement, acting on several tips, linked the truck to Massengill and ultimately recovered the truck from an individual in Sparland, Illinois, where Massengill had left it with a request to paint its doors white. After Massengill’s truck was seized, Massengill met with investigators at the Peoria Police Department on January 24, 2023, and was taken into custody.
If convicted of the malicious use of fire charge, Massengill faces a mandatory minimum sentence of imprisonment of at least five years and could receive up to 40 years in prison. The charges also carry up to three years of supervised release and a possible fine of up to $250,000.
Massengill’s arrest followed investigation by multiple law enforcement agencies, including the Federal Bureau of Investigation, Springfield Field Office; the Peoria Police Department; and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives. The Peoria Fire Department is also participating in the investigation. The case is being prosecuted by Assistant U.S. Attorney Ronald L. Hanna and Trial Attorney Erin Monju of the Civil Rights Division’s Criminal Section at the U.S. Department of Justice.
Members of the public are reminded that the charges in a complaint are merely accusations, and a defendant is presumed innocent unless proven guilty in a court of law.
Cherry Creek Man Sentenced for Sexual Contact with a ChildRead 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 Cherry Creek, South Dakota, man convicted of Abusive Sexual Contact of a Child. The sentencing took place on January 23, 2023.
Mitchum Dupris, age 33, was sentenced to eight years in federal prison, followed by five years of supervised release. He was ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Dupris will have to register as a sex offender.
Dupris was indicted for Aggravated Sexual Abuse of a Child by a federal grand jury in December of 2021. He pleaded guilty on October 4, 2022.
Dupris had sexual contact with a minor child during a time when the child was at the residence of Dupris’ girlfriend.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the FBI. Assistant U.S. Attorney Jay Miller prosecuted the case.
Dupris was immediately remanded to the custody of the U.S. Marshals Service.
Cedar Falls Man Sentenced to Federal Prison in Check Kiting SchemeRead the Press Release
A Cedar Falls man who kited checks in a bank fraud scheme was sentenced on January 24, 2023, to one year and one day in prison. Nolan Otto DeWall, age 39, received the prison term after a June 7, 2022 guilty plea to one count of bank fraud.
Evidence at hearings in DeWall’s case established that DeWall was a manager and shareholder at a Black Hawk County grain cooperative. DeWall also was a part owner of a trucking company based in Dike, Iowa. In May 2018, DeWall devised a so-called “check kiting” scheme in which he transferred large amounts of funds by check during a short period of time between accounts of the grain cooperative and the trucking company, as well as other accounts. The checks had no legitimate business purpose but were instead designed to falsely and temporarily inflate the balances of the accounts to benefit the grain cooperative, which was in financial distress. DeWall also forged the signature of one of the partners in the trucking company on a check. When the check-kiting scheme collapsed, the trucking company’s account was left with a negative $247,000 balance. As a result, the trucking company had to sell all its assets and went defunct. One of DeWall’s partners in the trucking business had to file for personal bankruptcy and another partner was forced to repay the trucking company’s negative bank balance at its bank with personal funds and a loan.
DeWall was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. DeWall was sentenced to 12 months and one day of imprisonment. He was ordered to make $217,441.96 in restitution to his partners in the trucking business. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
DeWall was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Timothy L. Vavricek and investigated by the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-213.
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California Man & Woman Indicted for Drug TraffickingRead the Press Release
WICHITA, KAN. – A federal grand jury in Wichita returned an indictment charging two people with transporting methamphetamine across state lines.
According to court documents, Orlando Payan-Parra, 39, and Erika Cardona-Carrizales, 43, both of Coachella, California, are charged with one count of possession of methamphetamine with intent to distribute and one count of interstate and foreign travel or transportation in air of racketing enterprises. Payan-Parra and Cardona-Carrizales allegedly traveled from California to Kansas with intent to distribute controlled substances.
The Drug Enforcement Administration (DEA) and the Kansas Highway Patrol are investigating the case.
Assistant U.S. Attorney Lanny Welch is prosecuting the case.
OTHER INDICTMENTS
Miguel Ordonez-Ramirez, 29, was indicted on one count of unlawful entry after deportation. U.S. Immigration and Customs Enforcement (ICE) is investigating the case. Assistant U.S. Attorney Molly Gordon is prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Buffalo Woman Who Sold Heroin Which Led to the Death of A 24 Y/O Man Going to Prison for 10 YearsRead 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 Genesis Tolentino-Cruz, 29, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, was sentenced to serve 120 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Joshua A. Violanti, who handled the case, stated that on February 27, 2019, Buffalo Police Officers responded to a drug overdose call and found a 24-year-old male deceased. The deceased man’s girlfriend told officers that the day before, she met Cruz, and co-defendant Orlando Albert-Arroyo, at a gas station in Cheektowaga to purchase heroin. Later that night, the girlfriend said that she and the deceased male used some of the heroin purchased from the defendants. The girlfriend went to sleep, and when she awoke, she found her boyfriend was deceased. In March and April, 2019, investigators conducted six controlled purchases of heroin from Cruz and Arroyo. On April 19, 2019, a federal search warrant was executed at Cruz and Arroyo’s residence, during which heroin, ammunition, a rifle, a pistol, and drug processing items were seized.
Orlando Albert-Arroyo was previously convicted and scheduled to be sentenced on March 2, 2023.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia, and the Cheektowaga Police Department, under the direction of Chief Brian Gould.
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Buffalo Man Pleads Guilty to Drug and Gun ChargesRead 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 Esteven Matos, 31, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to possession with intent to distribute 500 grams or more of methamphetamine and being a felon in possession of firearms and ammunition. The charges carry a mandatory minimum penalty of 10 years in prison.
Assistant U.S. Attorneys Nicholas T. Cooper and Joshua A. Violanti, who are handling the case, stated that on October 30, 2020, a federal search warrant was executed on a USPS Priority Mail Parcel addressed to “Antonio Cortes 1326 ELECTRIC Ave. LACKAWANNA, NY 14218.” The package contained one kilogram of cocaine. On November 3, 2020, the parcel, the contents of which were replaced with “sham,” was delivered to 1326 Electric Avenue and taken inside by a co-defendant. A short time later, investigators conducting surveillance observed defendant Matos arrive at the residence. After Matos arrived, the parcel was opened. A search warrant was then executed at the residence. Investigators seized two loaded firearms, one of which was stolen, approximately 260 grams of fentanyl, 1,451 pills containing methamphetamine, the kilogram of “sham” cocaine, digital scales, sandwich baggies, five cell phones, and over $63,000 in US currency, which constituted proceeds from Matos’s illegal narcotics sales.
Matos was previously convicted of felony offenses in 2010, 2011, and 2015, and is legally prohibited from possessing firearms and ammunition.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia, the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Ketty Larco Ward, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division.
Sentencing is scheduled for May 17, 2023, at 10:00 a.m. before Judge Sinatra.
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Brockton Man Arrested for Child Exploitation OffensesRead the Press Release
BOSTON – A Brockton man has been indicted by a federal grand jury in Boston for allegedly coercing three minors to produce child sexual abuse material (CSAM).
Zaire Aquil Lodge, 45, was indicted on three counts of sexual exploitation of children and one count of receipt of child pornography. Zaire was arrested on Jan. 23, 2023 and appeared in federal court in Boston today for a detention hearing before U.S. District Court Magistrate Judge Judith G. Dein, who has taken the matter under advisement. Lodge was remanded to federal custody until further notice.
According to the indictment, on various dates in 2021, Lodge employed, used, persuaded, induced and coerced three minors to engage in sexually explicit conduct for the purpose of producing CSAM. It is also alleged that Lodge knowingly received and attempted to receive CSAM between February and October 2021.
The charges of sexual exploitation of children provide for a sentence of at least 15 years and up to 30 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. The charge of receipt of child pornography provides for a sentence of at least five years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
United States Attorney Rachael S. Rollins; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in New England and Brockton Police Chief Brenda Perez made the announcement today. Assistant U.S. Attorney David G. Tobin of Rollins’ Major Crimes Unit is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boston Man Pleads Guilty to Embezzling over $1.2 Million and Defrauding the GovernmentRead the Press Release
BOSTON – A Boston man pleaded guilty today to embezzling over $1.2 million from his employer and fraudulently obtaining government benefits in his employer’s name.
Jack Massarsky, 65, pleaded guilty to one count of mail fraud and one count of wire fraud before U.S. District Court Chief Judge F. Dennis Saylor IV, who scheduled sentencing for May 15, 2023. Massarsky was charged on Dec. 13, 2022.
Between 2015 and 2021, Massarsky worked as a dentist and bookkeeper for a general dentistry practice located in Hyannis. In 2015, Massarsky opened a secret bank account in the name of the dentistry practice. Massarsky then intercepted insurance reimbursement checks sent to the dentistry practice in the mail and deposited those checks in the secret bank account. Massarsky continued this practice for over five years and embezzled over $1.2 million. Massarsky used the stolen funds for personal and family expenses.
Additionally, Massarsky used the dentistry practice’s name to defraud the United States. In July 2020, Massarsky submitted a fraudulent application to the Health Resources and Services Administration Provider Relief Fund (HRSA PRF) in the name of the dentistry practice. The HRSA is an agency of the United States Department of Health and Human Services that provides health care to people who are geographically isolated or otherwise vulnerable. During the COVID-19 pandemic, the HRSA PRF provided economic assistance to qualifying healthcare providers, including certain dentistry practices. By submitting the fraudulent application to the HRSA PRF, Massarsky obtained over $52,000 in pandemic relief funds that were deposited in the secret bank account Massarsky had opened in the name of his employer.
The charges of mail fraud and wire fraud each provide for a sentence of up to 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater, restitution and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement. Valuable assistance in the investigation was provided by the United States Department of Health and Human Services Office of Inspector General. Assistant U.S. Attorney Christopher J. Markham of Rollins’ Securities, Financial & Cyber Fraud Unit is prosecuting the case.
Attorneys and Associate of Immigration Law Firm Plead Guilty to Participating in Asylum Fraud SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that ILONA DZHAMGAROVA, ARTHUR ARCADIAN, and IGOR REZNIK have each pled guilty to conspiracy to commit immigration fraud. DZHAMGAROVA and ARCADIAN pled guilty today, and REZNIK pled guilty on August 24, 2022, each before U.S. District Court Judge Mary Kay Vyskocil.
U.S. Attorney Damian Williams said: “The defendants — a husband and wife team of licensed immigration attorneys and a writer who worked with them — invented offensive lies to cheat our country’s asylum process, which is meant to protect vulnerable people who legitimately fear persecution because of their race, religion, political beliefs, or sexual orientation. When attorneys cynically exploit those fears for financial gain by pedaling false claims and coaching clients to lie under oath, they abuse the trust placed in them and make a mockery of the asylum system. With their guilty pleas, the defendants are being held accountable for their serious crimes.”
According to the Indictment against DZHAMGAROVA, ARCADIAN, and REZNIK, other documents filed in this case, and statements made in open court:
Between November 2018 and December 2021, ILONA DZHAMGAROVA, an immigration attorney, ran the Dzhamgarova Firm, an immigration services firm based in Brooklyn, New York. The Dzhamgarova Firm worked with clients — primarily aliens from Russia and the Commonwealth of Independent States — seeking visas, asylum, citizenship, and other forms of legal status in the United States. Among other things, the Dzhamgarova Firm advised certain of its clients regarding the manner in which they were most likely to obtain asylum in this country, fully understanding that those clients did not legitimately qualify for asylum. The firm also prepared and submitted to United States Citizenship and Immigration Services (“USCIS”) clients’ fraudulent Form I-589 asylum applications, asylum affidavits — statements of an asylum applicant’s personal history and claimed basis for asylum, often including allegations of past persecution — and related supporting documentation. Members and associates of the firm also coached certain clients to lie under oath during interviews conducted by USCIS Asylum Officers and provided legal representation to their clients during various immigration proceedings.
Among other things, DZHAMGAROVA advised clients to seek asylum by falsely claiming that they were members of the lesbian, gay, bisexual, transgender, and queer community who suffered persecution in their native countries, when DZHAMGAROVA fully understood that these clients were not members of that community and suffered no such persecution. Additionally, DZHAMGAROVA and her husband, ARTHUR ARCADIAN, also an attorney, prepared and submitted clients’ fraudulent asylum applications and affidavits to USCIS, under penalty of perjury, fully understanding that these documents at times contained material falsehoods. DZHAMGAROVA, ARCADIAN, and REZNIK also coached certain clients to lie in asylum interviews conducted by USCIS asylum officers and represented these clients as they lied under oath during immigration proceedings.
The Dzhamgarova Firm also employed writers, including IGOR REZNIK, who knowingly concocted and drafted clients’ fraudulent asylum affidavits so that they could be submitted as part of clients’ asylum applications. These affidavits, which were designed to support clients’ persecution claims, conveyed narrations of clients’ personal histories that were filled with falsehoods, including events and incidents of alleged persecution that were completely made up by REZNIK.
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DZHAMGAROVA, 46, ARCADIAN, 44, both of Brooklyn, New York, and REZNIK, 41, of New York, New York, each pled guilty to one count of conspiring to commit immigration fraud and each face a maximum of five years in prison.
The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge. DZHAMGAROVA and ARCADIAN are scheduled to be sentenced by U.S. District Court Judge Mary Kay Vyskocil on May 31, 2023. REZNIK is scheduled to be sentenced by Judge Vyskocil on May 5, 2023.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation’s New York Eurasian Organized Crime Task Force, USCIS’s New York Asylum Office and Fraud Detection and National Security Unit, and Homeland Security Investigations. Mr. Williams further thanked United States Customs and Border Protection for its assistance.
This case is being prosecuted by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant U.S. Attorneys David R. Felton and Jonathan E. Rebold are in charge of the prosecution.
Arrest of Richard D. Hines, Jr. for Bank Robbery and Brandishing of A FirearmRead the Press Release
KNOXVILLE, Tenn. Richard D. Hines, Jr. (“Hines”), was arrested today in Knoxville, Tennessee by agents of the Federal Bureau of Investigation (“FBI”) on federal criminal charges of bank robbery and brandishing a firearm in furtherance of a crime of violence.
An initial appearance is scheduled for 3:00 p.m., January 25, 2023, in United States District Court in Knoxville, before the Honorable Jill E. McCook, United States Magistrate Judge.
The details of the charges are outlined in the complaint and supporting affidavit, which are on file as public records in the United States District Court for the Eastern District of Tennessee.
U.S. Attorney Francis M. Hamilton III of the Eastern District of Tennessee; and FBI Special Agent in Charge Joseph E. Carrico made the announcement.
Assistant U.S. Attorney Alan S. Kirk will represent the United States in this case.
Members of the public are reminded that these are only charges and that every person is presumed innocent until their guilt has been proven beyond a reasonable doubt.
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Ardid de Estafa de Diploma de Enfermería Conduce a la Detención de Más de Dos Docenas de AcusadosRead the Press Release
MIAMI - Más de dos docenas de individuos han sido imputados en el Distrito Sur de Florida por su presunta participación en un ardid de fraude electrónico que creó un método abreviado de empleo y licenciatura ilegal para aspirantes a enfermeros(as).
Según tres acusaciones de conocimiento público emitidas por el jurado acusatorio federal del sur de Florida, y tres denuncias radicadas por los fiscales federales, los acusados participaron en un ardid para vender títulos de enfermería y transcripciones fraudulentas obtenidas de escuelas acreditadas de enfermería en Florida a individuos buscando licencias y puestos de trabajo como enfermeros(as) diplomados (RNs) y enfermera práctica titulada/auxiliar de enfermería (LPN/VNs).
Los diplomas y transcripciones falsos calificaban a los compradores para presentarse al examen nacional de enfermería, y después de haberlo aprobado, para obtener títulos y puestos en varios estados como RNs y LPN/VNs. El esquema general implicaba la distribución de mas de 7,600 títulos de enfermería falsos emitidos por tres escuelas de enfermería en Florida: Siena College en el Condado de Broward, Fla., Palm Beach School of Nursing en el Condado de Palm Beach, Fla., y Sacred Heart International Institute en el Condado de Broward. Estas escuelas hoy en día están cerradas.
Cada acusado contempla hasta 20 años de reclusión en prisión.
"La demanda de enfermeros es muy alta y continua creciendo," dijo el Fiscal Federal para el Distrito Sur de Florida, Markenzy Lapointe. "Es una lástima que ciertas personas e instituciones vinculadas a la profesión de enfermería traten de eludir los requisitos educativos. Esta oficina y sus socios de las fuerzas del orden están comprometidos a enjuiciar este ardid de estafa tanto como a otras estafas similares que pongan en peligro al público."
Este tipo de delito, lamentablemente sigue surgiendo, especialmente en esta zona.
"El fraude del cuidado de salud no es nada nuevo para el sur de Florida, ya que muchos estafadores lo consideran, aún siendo ilegal, como una manera fácil de ganar dinero" dijo Chad Yarbrough, Agente Interino Especial a Cargo, FBI Miami. "Lo más perturbador de ésta investigación es que hay más de 7,600 personas a
través del país con credenciales de enfermería fraudulentos quienes potencialmente trabajan en funciones de cuidados críticos tratando a pacientes. Si no fuera por la diligencia y el arduo trabajo de los investigadores en este caso, el alcance de este fraude puede no hubiera podido ser descubierto."
Los cargos hablan de la finalidad de una licencia de enfermería que es la de proteger al público de los daños estableciendo calificaciones y competencias mínimas.
"La presunta venta y compra de títulos y transcripciones de enfermería a personas dispuestas y no calificadas es un delito que potencialmente pone en peligro la salud y seguridad de los pacientes, y un insulto a la profesión de enfermería," dijo Omar Pérez Aybar, Agente Especial a Cargo del Departamento de Salud y Servicios Sociales, Oficina del Inspector General (HHS-OIG). "En coordinación con nuestros socios de las fuerzas del orden, HHS-OIG continúa investigando agresivamente a estos malos agentes quienes desprecian descaradamente el bienestar de los demás para enriquecerse fraudulentamente."
Cargos Relacionados a Títulos de Enfermería y Transcripciones Fraudulentas de Siena College.
U.S. v. Witherspoon, et al., no. de caso: 23-60005-Cr-Smith
U.S. v. Sanon, no. de caso: 23-60013-Cr-Moreno
Los documentos acusatorios describen a Siena College como una escuela acreditada en el Condado de Broward por la Comisión de Educación Independiente y el Consejo de Enfermería Profesional del Estado de Florida que ofrece un Programa de Enfermería Práctica Titulada y de Enfermería Diplomada hasta un programa en Ciencias de Enfermería. Eunide Sanon era el gerente de Siena College.
La acusación imputa a los acusados Stanton Witherspoon del Condado de Burlington, N.J.; Alfred Sellu del Condado de Burlington, N.J.; y Rene Bernadel del Condado de Westchester, N.Y. de conspirar para cometer o cometiendo fraude electrónico. La acusación alega que Witherspoon, Sellu y Bernadel contactaron y reclutaron a individuos que buscaban credenciales de enfermería para obtener puestos de empleo como RN o LPN/VN. Se alega que estos acusados acordaron con Sanon quien dirigía a Siena College y quien está acusado através de una denuncia de conspiración de fraude electrónico, para crear y distribuir títulos y transcripciones falsas y fraudulentas. Estos representaban que los aspirantes a RN y candidatos de LPN/VN habían asistido el programa de enfermería de Siena College en el Condado de Broward y habían completado los cursos y formación clínica necesarios para obtener sus títulos de RN o LPN/VN. De hecho, los aspirantes a la enfermería nunca completaron los cursos y formación clínica necesarios.
La información en contra de Sanon alega que él y otros vendieron miles de títulos de enfermería y transcripciones de educación falsos a los solicitantes de enfermería quienes, a cambio los utilizaron para obtener sus títulos de RN o LPN/VN en varios estados y puestos de trabajo con proveedores del cuidado de salud desinformados a través del país.
Cargos Relacionados a Títulos y Transcripcionsoes de Enfermería Fraudulentas de Palm Beach School of Nursing.
U.S. v. Russ, et al., no. de caso: 23-60007-Cr-Singhal
Según los documentos acusatorios, el objetivo de Palm Beach School of Nursing era la preparación de los alumnos para reunir todos los requisitos de títulos de Florida y los requisitos del Consejo de Enfermería Profesional y calificar para presentarse al examen nacional para poder trabajar como enfermeros(as) titulado(a).
La acusación imputa a Gail Russ del Condado de Broward; Cheryl Stanley del Condado de Collier, Fla; Krystal Lopez del Condado de Palm Beach; Damian Lopez del Condado de Palm Beach; François Legagneur del Condado Nassau, N.Y.; Reynoso Seide del Condado de Union, N.J.; Casssandre Jean del Condado de Palm Beach; Yelva Saint Preux del Condado Suffolk, N.Y.; Evangeline Naissant del Condado de Nassau, N.Y.; Rony Michel del Condado de Monmouth, N.J.; Vilaire Duroseau del Condado Esssex, N.J.; y Yvrose Thermitus, a/k/a "Yvrose Thompson," del Condado Union, N.J., de conspirar para cometer y cometiendo fraude electrónico. La acusación alega que estos acusados contactaron y reclutaron a individuos que buscaban credenciales de enfermería para obtener puestos de trabajo como RN o LPN/VN.
Se alega que éstos acusados reclutadores acordaron con Johanah Napoleon, dueña del Palm Beach School of Nursing, y empleados de la escuela Gail Russ, Cheryl Stanley, Krystal Lopez, y Ricky Riley para crear y distribuir títulos y transcripciones falsas y fraudulentas representando que el aspirante a RN y candidatos al LPN/VN habían asistido al Palm Beach School of Nursing y completado todos los cursos y formación clínicas necesarios para obtener el título de RN o LPN/VN. De hecho, los aspirantes a la enfermería nunca completaron los cursos y formación clínicas necesarios.
Los solicitantes de enfermería utilizaron éstos títulos y transcripciones falsas que habían comprado del dueño y empleados del Palm Beach School of Nursing para obtener títulos de RN o LPN/VN en varios estados y obtener puestos de trabajo con proveedores de cuidado de salud desinformados a través del país.
Napoleon había sido acusada anteriormente mediante una información y se ha declarado culpable de conspirar para cometer fraude al cuidado de salud y fraude electrónico, tanto como fraude electrónico (nos. de casos 22-60111-Cr-Smith y 22-60118-Cr-Smith).
Cargos Relacionados a Títulos y Transcripciones Fraudulentas del Sacred Heart International Institute.
U.S v. Jean, et al., no. de caso: 23-60010-Cr-Smith
U.S. v. Etienne, no. de caso: 23-60012-Cr-Singhal
Según los documentos acusatorios, Sacred Heart International Institute era una escuela acreditada en el Condado de Broward por el Consejo de Enfermería Profesional que ofrecía un programa diseñado para preparar a los alumnos para puestos de empleos como enfermero(a) práctica titulado.
La acusación imputa a Ludnie Jean del Condado Harris, Texas; Serge Jean Simon Itaman del Condado de Harris, Texas; Anna Itaman del Condado de Harris, Texas; Rhomy Louis del Condado Suffolk, N.Y.; Nadege Auguste del Condado de Broward de conspirar a y cometer fraude electrónico. Se alega que éstos acusados contactaban y reclutaban a individuos en busca de credenciales en enfermería para obtener puestos de empleo como LPN/VN. Estos reclutadores acordaron con Charles Etienne, dueño de Sacred Heart para crear y distribuir transcripciones y diplomas falsos y fraudulentos representando que el candidato aspirante había asistido a Sacred Heart y completado todos los cursos y formación clínicas necesarios para obtener sus títulos de LPN/VN. De hecho, los aspirantes a enfermería nunca completaron los cursos y formación clínica necesarios. Etienne ha sido imputado mediante una denuncia de conspiración para cometer fraude electrónico.
Los candidatos de enfermería utilizaron estos títulos y transcripciones falsas que habían comprado de Sacred Heart para obtener sus títulos de LPN/VN en varios estados y puestos de trabajo con proveedores del cuidado de salud desinformados a través del país.
Una denuncia criminal contiene alegaciones. Todo acusado es considerado inocente hasta que se demuestre su culpabilidad.
El anuncio fué hecho por el Fiscal Federal del Distrito Sur de Florida, Markenzy Lapointe; el Agente Interino a Cargo Chad Yarbrough, FBI Oficina local de Miami; Oficina del Inspector General de Asuntos dee Veteranos de EE.UU.; Servicio de Inspección Postal de EE.UU., Miami; Unidad de Control del Fraude a Medicaid del Fiscal General de la Florida, Oficina de Mid-Atlantic. Fiscal Federal Adjunto de los Estados Unidos Christopher J. Clark que está llevando este caso y la Fiscal Federal Adjunta de los Estados Unidos Nicole Grosnoff que gestiona el decomiso de bienes. Este caso está siendo enjuiciado en conjunto con un asunto penal relacionado con el Distrito de Maryland.
Todos los documentos e información relacionada se pueden encontrar en el sitio web del Tribunal de Distrito, Distrito Sur de Florida en www.flsd.uscourts.gov o en http://pacer.flsd.uscourts.gov.
Haga click aquí para accesar los documentos acusatorios:
23-cr-60005
23-cr-60007
23-cr-60010
23-cr-60012
23-cr-60013###
60 Southside Locos Gang Members and Associates Convicted for Drug Trafficking Operation Directed from Oklahoma State PrisonsRead the Press Release
Law Enforcement Seize Nearly 200 Pounds of Drugs, 69 Guns, and $300,000 in Cash
OKLAHOMA CITY – A multi-year investigation targeting members and associates of the Southside Locos gang who directed their drug-trafficking activities using contraband cell phones from state prison cells has resulted in 60 convictions through multiple federal and state cases, announced United States Attorney Robert J. Troester.
Last month, the investigation culminated in the sentencing of Eduardo Rosales, 35, of Oklahoma City. Rosales who was one of the incarcerated leaders of this drug trafficking network operated by Southside Locos gang members and their associates. On December 15, 2022, Rosales was sentenced to serve 30 years in federal prison after he completes his current state prison sentences. At the sentencing hearing, the court took into consideration that Rosales used incarcerated associates, non-incarcerated associates, and contacts in Mexico to orchestrate a massive drug-trafficking ring that distributed methamphetamine throughout Oklahoma. The court also noted Rosales’ leadership role in the organization, his continued propensity to engage in criminal activity despite incarceration, the need for long-term incapacitation, and his criminal history. Public records reflect that Rosales holds multiple felony convictions and is currently serving a 15-year term of imprisonment with the Oklahoma Department of Corrections (ODOC).
Through the course of this investigation, public records reflect that federal, state, and local law enforcement used various investigative tools and techniques, including judicially authorized wiretaps on contraband cell phones being used in ODOC institutions. Defendants used these cell phones to direct trafficking operation outside prison walls, including to coordinate drug shipments from sources in Mexico, instruct couriers to store drugs for them and make deliveries to buyers, and direct third parties to collect and store proceeds of the drug sales.
Crimes for which these defendants were convicted include drug trafficking, drug conspiracy, distribution or possession with intent to distribute, using a communication facility to facilitate drug distribution, use of a firearm in furtherance of a drug-trafficking crime, felon in unlawful possession of a firearm, and maintaining drug-involved premises.
In this investigation, law enforcement officers seized more than 180 pounds of methamphetamine, approximately ten pounds of heroin, more than 200 grams of cocaine, 69 firearms, and approximately $300,000 in currency. Furthermore, coordination with ODOC Office of Inspector General resulted in the seizure of approximately 12 contraband cell phones and five dangerous weapons from incarcerated individuals associated with the charged conspiracies.
This investigation was led by the FBI Oklahoma City Field Office, the Oklahoma City Police Department, the Internal Revenue Service—Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Oklahoma Department of Corrections, Office of Inspector General, with valuable assistance from the Oklahoma County District Attorney’s Office.
Assistant U.S. Attorneys Jason Harley, David McCrary, and Chelsie Pratt prosecuted these cases.
These prosecutions were 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.
Reference is made to court filings for further information.
24 January 2023
Woman Sentenced to 3 Years in Prison for Aiding St. Louis Reality Show Star’s Murder PlotRead the Press Release
ST. LOUIS – U.S. District Judge John A. Ross on Tuesday sentenced a woman who aided a reality show star’s plot to murder his nephew to three years in prison.
Terica Taneisha Ellis helped James Timothy Norman, who appeared on the reality show “Welcome to Sweetie Pie’s,” locate his nephew, Andre Montgomery Jr., who also appeared on the show. Norman then passed his nephew’s location to another man, who fatally shot Montgomery, 21, at 3964 Natural Bridge Avenue in St. Louis on March 14, 2016.
Ellis, now 39, pleaded guilty in July to a charge of conspiracy to commit murder-for-hire. The exotic dancer from Memphis, Tennessee admitted being paid $10,000 to locate Montgomery and lure him outside before the shooting.
Norman, 43, was convicted by a jury in U.S. District Court in St. Louis in September of conspiracy to commit murder-for-hire, murder-for-hire and conspiracy to commit mail and wire fraud. He is scheduled to be sentenced March 2, and is facing a mandatory sentence of life in prison.
Norman took out a life insurance policy worth $450,000 on Montgomery, then arranged for Montgomery’s murder, according to testimony and evidence at his trial.
Before announcing the sentence Tuesday, Judge Ross said that without what he called “an incredible effort” by investigators, “This could easily have been just another unsolved killing.”
He also recognized Ellis’ testimony against Norman at trial and said Norman would likely have succeeded in having Montgomery killed, whether Ellis helped or not.
The shooter, Travell Anthony Hill, 31, was sentenced in October to 32 years in prison. Hill pleaded guilty to one count of conspiracy to commit murder-for-hire and one count of murder-for-hire and testified at Norman’s trial.
Waiel Rebhi “Wally” Yaghnam, Norman’s former insurance agent, was sentenced in November to three years in prison on one count of conspiracy to commit mail and wire fraud. Yaghnam, 44, admitted conspiring with Norman to fraudulently obtain a life insurance policy on Montgomery and then helping Norman file a claim after Montgomery’s murder.
The case was investigated by the St. Louis Metropolitan Police Department and the FBI. Assistant U.S. Attorneys Angie Danis and Gwendolyn Carroll are prosecuting the case.
Woman Sentenced to 2 ½ Years in Prison for Embezzling $1.2 Million from Ralls County BusinessRead the Press Release
ST. LOUIS – U.S. District Judge Henry E. Autrey on Tuesday sentenced a woman to two and one-half years in prison for embezzling $1.2 million from a Ralls County, Missouri agricultural business.
Stephanie D. Carper, 51, was also ordered to repay the money she stole while exploiting her position as secretary of the company. From September 2013 to September 2019, Carper filled in her own name on at least 44 checks that had been pre-signed by the company’s owner and his relatives, Carper admitted in her guilty plea. The checks were intended to be used to pay vendors. Carper then wrote in false explanations on bank deposit slips and the check registry to conceal her thefts.
Carper used the money to buy a 2015 Nissan Murano SUV, a 2016 Toyota Tundra pickup and a Caterpillar 247 skid loader and spent more on vacations to Alaska and elsewhere. The vehicles and $31,000 in a bank account have been seized to help repay her debt.
A letter to Judge Autrey on behalf of the victims said the family sold their company for a reduced amount because a co-founder was ill and profits appeared to be falling due to Carper’s theft. Had the company books reflected their true profits, the family would have either kept the business to support the next generation or been able to sell it for more money.
“The damage done is irreparable. All that (the founders) worked for was lost with the damage that Ms. Carper did,” the letter says.
“Stephanie Carper shamelessly abused the good nature, sympathy, and trust of the owners of a family business in rural Missouri,” said Special Agent in Charge Jay Greenberg of the FBI St. Louis Division. “After being hired as a secretary, she paid the owners back by robbing them blind.”
Carper, who moved to Eufaula, Alabama, pleaded guilty in October to a felony bank fraud charge.
The FBI investigated this case. Assistant U.S. Attorney Derek Wiseman prosecuted the case.
Wichita Man Pleads Guilty to Fentanyl DistributionRead the Press Release
WICHITA, KAN. – A Kansas man pleaded guilty to distribution of fentanyl.
According to court documents, Javyn Johnson, 24, of Wichita sold Chanelle Pratt, 29, of Wichita, what she thought to be two Percocet pills in August 2019. Later the same day, Pratt was found dead in her home after ingesting one of the pills. An autopsy determined her cause of death to be Fentanyl toxicity. In his plea agreement, Johnson claims he didn’t know the tablets contained Fentanyl, however, he acknowledges giving her the Fentanyl that caused her death.
“Our nation is in the midst of a crisis where lives are lost every day due to Fentanyl poisoning,” said U.S. Attorney Duston Slinkard. “This case is an example of how the Department of Justice will hold people who distribute Fentanyl accountable.”
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Wichita Police Department investigated the case.
Assistant U.S. Attorney Lanny Welch and Special Assistant U.S. Attorney Katie Andrusak are prosecuting the case.
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Vitaly Borker Pleads Guilty to Defrauding Customers of His Eyewear Websites for the Third TimeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that VITALY BORKER, the operator of “EyeglassesDepot.com” and other online retailers of purported designer eyewear, pled guilty today to one count of wire fraud in connection with a scheme to defraud customers of his websites. BORKER pled guilty before United States District Judge Jed S. Rakoff.
U.S. Attorney Damian Williams said: “Once again, Vitaly Borker has pled guilty to crimes relating to his fraudulent operation of eyewear websites. Borker’s plea today demonstrates this Office’s intolerance for recidivism, and we can only hope that the third time is the charm and that Borker finally learns his lesson.”
According to the previously filed Complaint and Indictment in this case and statements made in court:
Beginning in at least June 2020, after being released from federal custody and entering a Residential Reentry Center, VITALY BORKER operated an eyewear sales and repair services website called EyeglassesDepot.com. EyeglassesDepot.com claimed, among other things, that it sold “brand new and 100% authentic designer eyeglasses and sunglasses” and that it had “thousands of pairs of glasses in stock…ready for shipping as early as TODAY.” In truth, however, the eyewear sold to customers of EyeglassesDepot.com was often used or counterfeit. Rather than carrying a large inventory of “brand new and 100% authentic eyewear,” EyeglassesDepot.com filled its customers’ orders by purchasing comparable items on a third-party online marketplace (the “Marketplace”). The eyewear purchased by EyeglassesDepot.com from the Marketplace was often used or counterfeit, but EyeglassesDepot.com passed off the glasses as new and authentic. In addition, while EyeglassesDepot.com claimed to be a “leader in the repair of sunglasses and eyeglasses” and able to “fit any eyeglasses or sunglasses with your custom prescriptions,” customers who sent eyewear to EyeglassesDepot.com either did not have their eyewear repaired at all or otherwise received unsatisfactory work.
In order to conceal his role in operating EyeglassesDepot.com, BORKER – who has twice previously been convicted in this District of crimes relating to his operation of eyewear websites – used the identities of other individuals in connection with the operation of EyeglassesDepot.com.
* * *
BORKER, 46, of Brooklyn, New York, pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison.
The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. BORKER is scheduled to be sentenced at 10:00 a.m. on April 21, 2023, by U.S. District Judge Jed S. Rakoff.
Mr. Williams praised the outstanding investigative work of the U.S. Postal Inspection Service.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorneys Matthew Weinberg, William Kinder, Jeffrey Coyle, and Sarah Mortazavi are in charge of the prosecution.
Virginia Family Sentenced for Conspiracy for Years-Long Forced Labor of Pakistani WomanRead the Press Release
A federal court in Richmond, Virginia, sentenced three defendants today for conspiracy to commit forced labor for compelling the domestic labor of a Pakistani woman for 12 years.
Zahida Aman, 80, was sentenced to 144 months in federal prison, Mohammed Rehan Chaudhri, 48, to 120 months in federal prison and Mohammad Nauman Chaudhri, 55, to 60 months in federal prison in the Eastern District of Virginia. Additionally, the Court ordered Aman and Rehan Chaudhri to pay the victim $250,000 in restitution for back wages and other financial losses she incurred as a result of the defendants’ criminal conduct.
Following a seven-day trial in May 2022, the jury convicted all of the defendants of conspiracy to commit forced labor, convicted two of the defendants of forced labor and convicted Aman of document servitude. Aman arranged for her son’s marriage to the victim in 2002, but even after the victim’s husband moved away from the home, the defendants kept the victim in their Virginia home to serve the extended family.
“These defendants callously exploited the victim’s vulnerabilities and brutally coerced her labor through physical violence and emotional abuse,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Human trafficking is an affront to human rights and to our nation’s core values. The Department of Justice is committed to vindicating the rights of survivors and bringing human traffickers to justice.”
“Human trafficking is a global issue that cannot be tackled alone,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI will remain committed to investigating all forms of human trafficking and work with our law enforcement partners in combatting the problem.”
According to the evidence presented in court, the defendants compelled the victim to serve the family as a domestic servant, using physical and verbal abuse, restricting communication with her family in Pakistan, confiscating her immigration documentation and money and eventually threatening to separate her from her children by deporting her to Pakistan. The defendants slapped, kicked and pushed the victim, even beat her with wooden board, and on one occasion hog-tied her hands and feet and dragged her down the stairs in front of her children. All of these coercive means were employed by the defendants to compel the victim’s labor in their home.
The evidence further showed that the defendants required the victim to work every day, beginning early each morning. They restricted her food, forbade her from learning to drive or speaking to anyone except the defendants’ family members and prohibited her from calling her family in Pakistan.
Assistant Attorney General Clarke, U.S. Attorney Jessica D. Aber for the Eastern District of Virginia and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.
Assistant U.S. Attorneys Stephen Miller, Shea Gibbons and Heather Mansfield for the Eastern District of Virginia and Trial Attorney Leah Branch of the Civil Rights Division’s Human Trafficking Prosecution Unit prosecuted the case.
Violent Repeat Felon Sentenced to 8 Years in Federal Prison for Illegally Possessing a FirearmRead the Press Release
INDIANAPOLIS- Dontell Anderson, 37, of Indianapolis, Indiana, was sentenced to 8 years in federal prison for illegally possessing a firearm.
According to court documents, on July 29, 2021, Indianapolis Metropolitan Police Department (IMPD) officers executed a search warrant at Dontell Anderson’s northeast Indianapolis residence. During a search of the home, officers found methamphetamine, pills, synthetic marijuana, and a loaded .45 caliber handgun.
Anderson is prohibited from possessing a firearm under federal law due to his previous felony convictions, including battery resulting in injury, dealing cocaine or a narcotic drug, possession of methamphetamine, and a prior federal conviction for being a felon in possession of a firearm. Anderson was still under court supervision following his release from federal prison when he was again arrested for illegal gun possession.
“Illegally armed, repeat felons drive the gun violence plaguing our state,” said Zachary A. Myers, United States Attorney for the Southern District of Indiana. “I commend the response by IMPD and the work of ATF to protect the public from this dangerous criminal. The sentence imposed by the court demonstrates that those who illegally possess firearms risk serious federal time. Returning to prison isn’t worth it—put down the guns, or we will hold you accountable.”
ATF and IMPD investigated this case. The sentence was imposed by U.S. District Court Judge Jane E. Magnus-Stinson. Judge Stinson also ordered that Anderson be supervised by the U.S. Probation Office for 2 years following his release from federal prison.
U.S. Attorney Myers thanked Assistant United States Attorney Patrick G. Gibson, who prosecuted this 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.
Vacherie Man Sentenced After Pleading Guilty to Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – STEPHEN CHENIER, age 40, a resident of Vacherie, Louisiana, was sentenced on January 11, 2023 by U.S. District Judge Lance M. Africk to sixty-six (66) months’ imprisonment, four (4) years of supervised release, and a mandatory $300.00 special assessment fee after pleading guilty to two counts of distribution of fifty (50) grams or more of methamphetamine and one count of possession with intent to distribute fifty (50) grams or more of methamphetamine, all in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(A), announced U.S. Attorney Duane A. Evans.
According to court documents, on January 6, 2021 and February 3, 2021, Special Agents with the Drug Enforcement Administration used a confidential source to make controlled purchases of methamphetamine from CHENIER. On February 18, 2021, the agents used the confidential source to arrange a third controlled purchase of methamphetamine from CHENIER in Gramercy, Louisiana. After CHENIER left his residence in Vacherie and drove toward Gramercy to meet the confidential source, St. John Parish Sheriff’s deputies executed a traffic stop of CHENIER for a violation. While a deputy was writing a citation for CHENIER, a canine from the Sheriff’s Office conducted a free air sniff of the vehicle and detected the odor of an illegal controlled substance. After CHENIER admitted that he smoked marijuana in the vehicle, deputies searched the vehicle and located 111.6 grams of methamphetamine. CHENIER acknowledged ownership of the methamphetamine and told the officers there was more methamphetamine at his house. CHENIER led the deputies to his residence where they seized an additional 76.7 grams of methamphetamine.
This case was investigated by the Drug Enforcement Administration and the St. John Parish Sheriff’s Office. The prosecution was handled by Assistant United States Attorney André Jones.
United States Attorney’s Office Reaches $639,916 Settlement with Governor of Maryland’s Office on Service and Volunteerism to Resolve Alleged False Claims for AmeriCorps Program FundsRead the Press Release
Baltimore, Maryland – The State of Maryland Governor’s Office on Service and Volunteerism (“GOSV”), a division within the Governor’s Office on Community Initiatives (“GOCI”), has agreed to pay the United States $639,916 and enter into a compliance agreement to resolve a civil False Claims Act investigation relating to the operation of its AmeriCorps program.
The settlement agreement was announced today by United States Attorney for the District of Maryland Erek L. Barron and AmeriCorps’ Inspector General Deborah Jeffrey.
“This settlement demonstrates our firm commitment to protect taxpayer money and to guard the integrity of federal grant funds,” said United States Attorney Erek L. Barron. “State agencies, such as GOSV and GOCI, are required to properly account for their use of federal grant funds and when they fail to do so they will be held accountable,” said U.S. Attorney Barron.
“AmeriCorps depends on state service commissions to be partners in stewardship of national service funds. The Maryland Governor’s Office on Service and Volunteerism failed in that trust by overstating its expenses and other irregularities that deprived at-risk communities of benefits intended for them,” said Deborah Jeffrey, AmeriCorps’ Inspector General. “We thank the U.S. Attorney’s Office for the District of Maryland for their work in protecting the integrity of national service.”
AmeriCorps’ mission is to engage millions in service and national volunteer efforts. State Commissions, such as the State of Maryland Governor’s Office on Service and Volunteerism (“GOSV”), administer AmeriCorps programs which includes oversight and administration of AmeriCorps’ grant funds to subgrantees. GOSV, which is part of GOCI, supports more than 800 AmeriCorps members each year in the State of Maryland through its grant-making program. In 2016 AmeriCorps awarded GOSV a grant “[t]o promote and recognize volunteer activities throughout the state with events such as: Governor’s Service Awards, Governor’s Volunteer Appreciation Day at the Maryland State Fair, and Honor Rows to recognize youth groups who are active in their community the chance to attend a Baltimore Ravens game free of charge.” Pursuant to the terms of the AmeriCorps’ grant, GOSV was required to maintain a financial management system that provided accurate, current, and complete disclosure of the financial results of each Federal award and retain records that identify adequately the source and application of funds. GOCI provides accounting services to GOSV and other coordinating offices and thus was involved in the administration of the AmeriCorps grant awards.
The United States contends that GOSV and GOCI engaged in widespread violations of the AmeriCorps grant requirements, including distributing Orioles and Maryland State Fair tickets that were intended to be given to volunteers to individuals who were not eligible under the grant, including GOSV employees themselves, charging salaries of GOSV and GOCI employees, including the Director of GOSV, to the AmeriCorps grant without timesheets or time records to reflect the fact these individuals worked on the AmeriCorps grant, and overcharging AmeriCorps on certain Federal Financial Reports (“FFR”) that were submitted to AmeriCorps to demonstrate how GOSV expended the grant funds. Additionally, GOSV and GOCI entered into an expansive, three year Compliance Agreement with AmeriCorps that will govern and monitor the AmeriCorps GOSV awards to ensure compliance with AmeriCorps grant procedures.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
U.S. Attorney Erek L. Barron commended the investigation which was conducted by the AmeriCorps Office of Inspector General. The case was handled by Assistant United States Attorney Thomas Corcoran.
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Two Springfield Rappers Indicted for Illegal FirearmsRead the Press Release
SPRINGFIELD, Mo. – Two Springfield, Mo., men who are part of a local rap group were indicted by a federal grand jury today for illegally possessing several firearms that have been linked to recent shootings.
Ezekiel Josiah King, 19, and Jardell Carlin Williams, 19, were charged in a four-count indictment returned by a federal grand jury in Springfield, Mo.
Today’s indictment charges King and Williams each with two counts of being an unlawful user of a controlled substance while in possession of firearms. The indictment replaces separate criminal complaints that were filed against King and Williams on Dec. 21, 2021.
King allegedly was in possession of a Glock .45-caliber semi-automatic pistol and an Anderson AM-15 multi-caliber semi-automatic rifle on Feb. 15, 2022. He allegedly was in possession of an Anderson AM-15 multi-caliber semi-automatic pistol on Oct. 23, 2022.
Williams allegedly was in possession of a Glock .40-caliber semi-automatic pistol on Feb. 15, 2022, and a C3 Defense 5.56-caliber semi-automatic pistol on Oct. 23, 2022.
According to affidavits filed in support of the federal criminal complaints, this case resulted from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives into numerous shooting incidents in the Springfield area. Many of the shooting suspects identified themselves as gang members and/or rappers. A review of their social media accounts showed them in rap music videos and photographs possessing what appeared to be handguns, AR-style pistols, and rifles. Most of the identified subjects were under the age of 21 and were prohibited from purchasing handguns. In many of the rap videos, targets of this investigation appear to be smoking marijuana and have been documented as users of controlled substances.
Springfield police detectives stopped a gold Nissan Altima for multiple traffic violations on Feb. 15, 2022. King was driving the vehicle, with Williams in the front passenger seat. The Anderson AM-15, loaded with 31 rounds of .223-caliber ammunition, was in the back seat with another passenger. Detectives found the Glock pistol, loaded with an extended magazine that contained 29 rounds, as well as another extended magazine and two factory Glock magazines, under the driver’s seat. Detectives also found a loaded Glock pistol under the front passenger’s seat, and two more boxes of ammunition on the front floorboard. Officers also found marijuana in a backpack inside the vehicle, and in Williams’s possession.
On Oct. 22, 2022, deputies with the Greene County Sheriff’s Department and agents with the ATF were conducting surveillance in downtown Springfield because King was performing at a rap concert in that area. They saw King in the front passenger seat of a white Jeep Compass near South Avenue and Walnut Street. There were also two men and three women in the back seat, including Williams. Following a traffic stop, deputies found the Anderson AM-15 pistol on the front passenger floorboard. The pistol was loaded with 36 rounds in the 40-round capacity magazine. The C3 Defense pistol was found where Williams had been seated. A third firearm was found close to where another passenger had been sitting.
According to the affidavit, the Glock pistol seized from Williams was used in a shooting that occurred on Jan. 30, 2022. In that incident, several shots were fired into an occupied residence in the 700 block of S. Nettleton in Springfield. The C3 Defense AR-style pistol was tentatively identified as being used in three shooting incidents in the Kansas City, Mo., and Kansas City, Kansas, areas.
According to the affidavit, the Anderson AM-15 pistol seized from King was tentatively identified as one used in a shooting that occurred on Oct. 8, 2022. In that incident, a vehicle was shot during a drive-by shooting at or near the 1700 block of N. Washington.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Stephanie L. Wan. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Greene County, Mo., Sheriff’s Department and the Springfield, Mo., Police Department.
Two Sentenced to Prison for Participation in Drug Trafficking RingRead the Press Release
PITTSBURGH, PA – A resident of Pennsylvania and a resident of Nevada have been sentenced in federal court on their convictions for violating federal narcotics laws related to a nine-month Title III wiretap investigation into drug trafficking in and around the counties of Jefferson, Clearfield, and Allegheny, United States Attorney Cindy K. Chung announced today.
United States District Judge Christy Criswell Wiegand sentenced James Williams Jr., age 58, of Reynoldsville, Pennsylvania, to 46 months of imprisonment followed by three years of supervised release. According to information presented to the court, Williams was a methamphetamine distributor who obtained between 350 grams and 500 grams of methamphetamine as part of a large-scale methamphetamine distribution conspiracy and redistributed it to meth users.
Judge Weigand also Christopher Robertson, age 61, of Reno, Nevada, to 23 months of imprisonment followed by two years of supervised release. According to information presented to the court, Robertson transported over 200 pounds of methamphetamine from Stockton, California, to various post offices located in Nevada. Robertson then mailed parcels containing meth on behalf of suppliers in California to distributors based in the Western District of Pennsylvania.
Assistant United States Attorneys Jonathan D. Lusty and Michael R. Ball prosecuted these cases on behalf of the government.
The Drug Enforcement Administration led the multi-agency investigation of this case, which also included the Homeland Security Investigations, United States Postal Service – Office of Inspector General, United States Postal Inspection Service, Internal Revenue Services, Pittsburgh Bureau of Police, Allegheny County Police, and Pennsylvania State Police. Also assisting were the Jefferson County District Attorney’s Office, Clearfield County District Attorney’s Office, and the Clarion Borough Police Department.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Two Former Arkansas Sheriff’s Deputies Charged with Federal Civil Rights Offenses for Using Excessive ForceRead the Press Release
FORT SMITH – The Justice Department announced today that a federal Grand Jury returned an Indictment charging former Crawford County, Arkansas, Sheriff’s Deputies Levi White, age 32, and Zackary King, age 27, with federal civil rights offenses for using excessive force on a 27-year-old man during the arrest of that man at a gas station in Mulberry, Arkansas, on August 21, 2022.
Specifically, Count One of the Indictment alleges that, while the arrestee was lying on the ground, White struck him multiple times. Count Two of the Indictment alleges that King struck the arrestee multiple times, also while the arrestee was lying on the ground. The Indictment further alleges that the arrestee suffered bodily injury as a result of White and King’s actions.
If convicted, White and King face a maximum sentence of 10 years in prison for the excessive-force charge; both defendants also face up to three years of supervised release and a fine of up to $250,000.
United States Attorney David Clay Fowlkes for the Western District of Arkansas, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, and Special Agent in Charge James A. Dawson of the FBI Little Rock Field Office made the announcement.
The FBI Little Rock Field Office investigated the case.
Assistant U.S. Attorneys Dustin Roberts and Devon Still for the Western District of Arkansas and Trial Attorneys Anna Gotfryd and Michael J. Songer of the Civil Rights Division’s Criminal Section are prosecuting the case.Two Former Arkansas Sheriff's Deputies Charged with Federal Civil Rights Offenses for Using Excessive ForceRead the Press Release
The Justice Department announced today that a federal grand jury returned an indictment charging former Crawford County, Arkansas, Sheriff’s Deputies Levi White and Zackary King with federal civil rights offenses for using excessive force on a 27-year-old man during the arrest of that man at a gas station in Mulberry, Arkansas, on Aug. 21, 2022.
Specifically, count one of the indictment alleges that, while the arrestee was lying on the ground, White struck him multiple times. Count two of the indictment alleges that King struck the arrestee multiple times, also while the arrestee was lying on the ground. The indictment further alleges that the arrestee suffered bodily injury as a result of White and King’s actions.
If convicted, White and King face a maximum sentence of 10 years in prison for the excessive-force charge; both defendants also face up to three years of supervised release and a fine of up to $250,000.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney David Clay Fowlkes for the Western District of Arkansas and Special Agent in Charge James A. Dawson of the FBI Little Rock Field Office made the announcement.
The FBI Little Rock Field Office investigated the case.
Assistant U.S. Attorneys Dustin Roberts and Devon Still for the Western District of Arkansas and Trial Attorneys Anna Gotfryd and Michael J. Songer of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.