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Friday 25 November 2022
Former Illinois Man Sentenced to 294 Months in Prison for Methamphetamine and Firearm ConvictionsRead the Press Release
ROCK ISLAND, Ill. –Shawn Michael Pfister, 44, formerly of Illinois, was sentenced on November 22, 2022, to 234 months’ imprisonment for possession with intent to distribute methamphetamine, and a consecutive term of 60 months’ imprisonment for carrying a firearm in relation to a drug trafficking crime, for a total of 294 months’ imprisonment. The court further ordered Pfister, who prior to his arrest was living in the 2600 block of West Street in Pueblo, Colorado, to serve five years of supervised release after he is released.
At the sentencing hearing in front of U.S. District Chief Judge Sara Darrow, the government emphasized Pfister’s role in large-scale drug trafficking, bringing kilogram-sized quantities from out of state to the Quad Cities for resale.
Also at the hearing, Judge Darrow commented on the significant impact methamphetamine dealing can have on the community and end users.
Pfister pleaded guilty to the charges on November 1, 2018. The statutory penalty for possession with intent to distribute methamphetamine is a minimum term of ten years to life imprisonment. The penalty for carrying a firearm in relation to a drug trafficking crime is a minimum of five years to life imprisonment, which must be served consecutive to any other charges.
The Drug Enforcement Administration, Quad Cities Metropolitan Enforcement Group, the Moline Police Department, and the Rock Island County Sheriff’s Office investigated the case. Assistant U.S. Attorney Jennifer Mathew represented the government in the prosecution.
Federal Grand Jury B Indictments Announced-November 2022Read the Press Release
United States Attorney Clint Johnson today announced the results of the November 2022 Federal Grand Jury B.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Jacob Thomas Arkeketa. Arson in Indian Country. On Oct. 3, 2022, Arkeketa, 41, of Tulsa, set fire to a home with the resident inside, thus placing her at serious risk of injury. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tulsa Fire Department are the investigative agencies. Assistant U.S. Attorney William Rubens is prosecuting the case. 22-CR-391
Curt Thomas Been. Felon in Possession of Firearms and Ammunition; Possession of an Unregistered Weapon Made from a Shotgun. Been, 52, of Collinsville, is charged with being a felon in possession of a weapon made from an Essex Gun Works 12-gauge caliber shotgun, a Winchester .22 caliber rifle, and 483 rounds of ammunition. He is further charged with being in possession of a weapon made from an Essex Gun Works 12-gauge shotgun having a barrel of less than 18 inches in length and not registered to him in the National Firearms Registration and Transfer Record. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the investigative agency. Assistant U.S. Attorney Adam C. Bailey is prosecuting the case. 22-CR-385
Jared Nathan Black. Assault with Intent to Commit Murder in Indian Country; Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence. Black, 46, of Jenks, is alleged to have assaulted his stepson when he pointed a firearm at the victim’s head and pulled the trigger on Dec. 26, 2020. The gun did not go off, giving the victim and another individual an opportunity to run to the garage and call 911. The FBI and Jenks Police Department are the investigative agencies. Assistant U.S. Attorneys Justin G. Bish and Ben Tonkin are prosecuting the case. 22-CR-390
Hatcher Raymond Day. Possession of Fentanyl with Intent to Distribute; Possession of Firearms in Furtherance of a Drug Trafficking Crime; Felon in Possession of a Firearm and Ammunition. Day, 26, of Phoenix, Arizona, is charged with possessing with intent to distribute 500 grams or more of fentanyl on Sept. 19, 2022. He is further charged with possessing firearms to further his drug trafficking crime. Finally, he is charged with being a felon in possession of an American Tactical Imports multi-caliber pistol; a Great Lakes Firearms and Ammunition multi-caliber pistol; a Ruger American .45 auto caliber pistol; a Glock .357 caliber pistol; a Canik 9X19 caliber pistol, and 70 rounds of ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorneys Kenneth Elmore and Nathan E. Michel are prosecuting the case. 22-CR-389
Daniel Christopher Edwards. Possession of an Unregistered Destructive Device; Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Assault Resulting in Serious Bodily Injury in Indian Country; Arson in Indian Country; Conveying False and Misleading Information Concerning an Explosive Device; Possession of an Unregistered Destructive Device During and in Relation to a Crime of Violence (superseding). Edwards, 48, of Tulsa, is charged with possessing a destructive device on Oct. 5, 2022, that had not been registered to him in the National Firearms Registration and Transfer Record. The incendiary bomb, also called a Molotov cocktail, consisted of a glass jar filled with an ignitable liquid, having a wick constructed of a cloth like material. He is further alleged to have assaulted a Holy Family Cathedral employee when he slashed him with a sword multiple times, causing serious bodily injury. He then allegedly committed arson when he threw the incendiary bomb at the church. Finally, he is charged with conveying misleading information concerning an explosive device at a Tulsa Reasor’s grocery store. Edwards allegedly told several individuals that if he was approached, he would push a button that “would be worse than a bomb.” Finally, he was also charged in this superseding indictment with possessing a unregistered destructive device in furtherance of a crime of violence. See the initial Complaint press release here. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Tulsa Police Department, and FBI are the investigative agencies. Assistant U.S. Attorneys Robert T. Raley, Nathan E. Michel, and Christopher J. Nassar are prosecuting the case. 22-CR-362.
David Gutierrez-Valezquez. Alien in Possession of a Firearm and Ammunition. Gutierrez-Valezquez, 28, a Mexican national, is charged with being in the United States unlawfully and possessing a Ruger 9 mm caliber semi-automatic handgun and six rounds of ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Tulsa Police Department, and Osage Nation Police Department are the investigative agencies. Assistant U.S. Attorney William Rubens is prosecuting the case. 22-CR-386
Rahmon Lawrence Macon Jr. Second Degree Murder in Indian Country. Macon Jr., 30, of Tulsa, is charged with killing Aliza Renea Crook using a firearm on Nov. 6, 2022. Macon Jr. shot into the vehicle Crook was riding in, striking the victim. The FBI, Tulsa Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies. Assistant U.S. Attorneys Niko A. Boulieris and Ryan H. Heatherman are prosecuting the case. 22-CR-388
Justin Wade Malone; Devon Marie Larocca. Second Degree Murder in Indian Country; Causing Death by Using and Discharging a Firearm During and in Relation to a Crime of Violence; Voluntary Manslaughter in Indian Country; Maintaining a Drug-Involved Premises; Evidence Tampering; Accessory After the Fact to Second Degree Murder in Indian Country (superseding). On July 8, 2022, Malone, 38, and Larocca, 36, both of Tulsa, are alleged to have aided and abetted one another to kill Cristian Amaya Hernandez, using a firearm. Malone and the victim were arguing when Malone allegedly shot him. Malone and Larocca are also charged with using a Tulsa residence for the purpose of distributing and using methamphetamine and fentanyl. They are further charged with aiding and abetting each other to remove firearms and surveillance cameras from the crime scene and to erase surveillance footage of the alleged murder to hinder an investigation. Finally, Larocca is charged with assisting Malone in order to hinder and prevent Malone’s apprehension, trial, and possible punishment. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorneys Nathan E. Michel and Ryan H. Heatherman are prosecuting the case. 22-CR-235
Rodney Joe Smith. Stalking; Evidence Tampering. The indictment alleges that between Sept. 1, 2022, to Sept 18, 2022, Smith, 45, of Poteau, stalked the victim with the intent to kill, injure, harass and intimidate her. Smith allegedly installed a GPS tracker inside the victim’s rear bumper without her knowledge and would track and confront her. The defendant threw rocks at her vehicle, cracked her windshield, followed her and falsely reported her for reckless driving. He is alleged to have further harassed her via phone. He left harassing messages and sometimes used an app to disguise the phone number, making it appear as if his calls were coming from the Tulsa Police Department. In addition, he created fake Facebook accounts that purported to be the victim and publicly shared her home and work addresses. He also created a fake profile on a dating app purporting to be the victim, and the victim began receiving phone calls, texts, and unsolicited images from men who claimed to have met her online. The indictment further alleges the defendant pulled down the outside cameras that were part of the victim’s home security system. The defendant’s laptop also revealed he had conducted a google search on how to enter a home undetected. According to the indictment, law enforcement further located a trail camera, GPS tracker, the victim’s work identification card, night vision goggles, binoculars, a brown wig, a laptop which had a google search for the security radio frequency where the victim worked and a search for how to disable a particular vehicle, a cell phone, notepads with the victim’s personal information, Viagra pills, and a ghillie suit, which is a type of camouflage clothing. Then, while detained, Smith allegedly directed another individual take his cell phone to Verizon and, in a phone call, requested an employee remotely wipe the contents of his electronic devices and delete his iCloud account in an attempt to destroy evidence. The FBI, Muscogee Nation Lighthorse Police Department and Glenpool Police Department are the investigative agencies. Assistant U.S. Attorney Steven J. Briden is prosecuting the case. 22-CR-387
Steven Ray Thompson. Felon in Possession of a Firearm and Ammunition; Possession of Heroin with Intent to Distribute; Carrying a Firearm During and in Relation to a Drug Trafficking Crime. Thompson, 24, of Rose, is charged with being a felon in possession of Kimber 9 mm caliber semi-automatic pistol and six rounds of ammunition. He is further charged with possessing with intent to distribute heroin. Finally, he is charged with carrying a firearm during and in relation to his drug trafficking crime. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Delaware County Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Shakema M. Onias is prosecuting the case. 22-CR-384
D.C. Government Employee Charged with Submitting False Documentation Claiming District Residency to Obtain BenefitsRead the Press Release
WASHINGTON – A Social Services Representative with the District of Columbia Department of Human Services (DHS), has been charged with falsely claiming District of Columbia residency to obtain D.C. Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), Medicaid benefits, and free tuition for her two children to attend a D.C. Public Charter School.
The announcement was made by U.S. Attorney Matthew M. Graves, Daniel W. Lucas, Inspector General for the District of Columbia, and Karl A. Racine, Attorney General for the District of Columbia. This matter was initially discovered by the D.C. Department of Human Services and promptly referred to the D.C. Office of the Inspector General for investigation.
Michia Pardlow, 29, of Arlington, Virginia, was charged in a criminal complaint filed in the Superior Court for the District of Columbia with first-degree fraud, first-degree theft, and false statements in connection with applying for and obtaining District of Columbia resident benefits. She was arrested on Nov. 22, 2022, made her initial court appearance later that day, and was released pending trial.
According to court documents, Pardlow, from 2016 through at least 2019, was a resident of Arlington, Virginia. The charging documents allege that she submitted signed applications, residency verification forms, and other documents to the District of Columbia’s Department of Human Services and Public Charter School Board claiming and verifying District residency.
As a result, the documents allege, Pardlow was able to obtain District benefits to which she was not entitled. Non-District residents are ineligible to receive District SNAP, TANF, and Medicaid benefits. Non-District residents who enroll their dependents in D.C. schools must apply as a non-resident and pay non-resident tuition. The charging documents allege that she received more than $149,000 in fraudulent benefits.
A complaint is merely a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.
This case is being investigated by the Criminal Investigations Unit of the U.S. Attorney’s Office for the District of Columbia and the D.C. Office of the Inspector General. The case is being jointly prosecuted by the Major Crimes Section of the U.S. Attorney’s Office for the District of Columbia and the Public Corruption Section of the D.C. Office of the Attorney General.
Coles County Business Owner Sentenced to Six Months in Prison for Tax FraudRead the Press Release
URBANA, Ill. – A Charleston, Illinois, man, Jay Edward Fisher, 53, of the zero block of Gracies Hollow, was sentenced on November 21, 2022, to six months of imprisonment for failing to pay employment taxes to the Internal Revenue Service.
On June 7, 2021, Fisher pleaded guilty before U.S. Magistrate Judge Eric I. Long to collecting employment taxes from his employees, which included taxes for his employees’ Social Security and Medicare payments, but then failing to turn over those taxes, or pay the employer’s portion of those taxes, to the IRS. At the time of his plea, Fisher admitted that he had failed to pay those taxes from at least 2014 through 2018, as well as to file a personal federal income tax return or pay his own personal income taxes to the IRS during those years. Fisher agreed to pay full restitution to the IRS within thirty days of sentencing.
At the sentencing hearing, the government presented evidence establishing that Fisher was the sole owner of Financial Logic, Inc., a commercial insurance agency located in Mattoon, Illinois, and employed several individuals. Fisher failed to pay either employment taxes or personal federal income taxes from at least 2013 through 2018, totaling a tax loss of $866,838. Moreover, Fisher covered up his tax fraud by repeatedly lying to his employees during those years, falsely claiming that he had paid the taxes, and blaming the failure on the Social Security Administration. In reality, Fisher transferred over $600,000 from Financial Logic’s business account to his own personal bank accounts and $300,000 from Financial Logic’s savings account to a personal investment account. In 2019, after realizing that Fisher was lying to them, some of his employees turned him into the IRS. When Fisher found out, he tried to enter the IRS’s voluntary disclosure program, but he was rejected because a criminal investigation was already underway.
Also at the hearing, Fisher addressed the sentencing judge, U.S. District Court Judge Colin S. Bruce. Fisher repeatedly told Judge Bruce, “It’s all my fault.” Fisher requested a sentence of probation, while acknowledging, “I’m ashamed.” In rejecting Fisher’s request for probation, Judge Bruce discussed the seriousness of Fisher’s crime and noted that Fisher would carry the “disgrace” of his actions.
Judge Bruce ordered Fisher to begin serving his prison sentence on February 28, 2023. In addition to the sentence of imprisonment, Judge Bruce ordered Fisher to serve three years of supervised release following his release from custody and to pay full restitution to the IRS. Although Fisher paid most of the restitution just before the sentencing hearing, the plea agreement permits him another thirty days to pay the outstanding restitution amount of approximately $125,000.
The statutory penalties for failing to pay employment taxes are up to five years of imprisonment, three years of supervised release, full restitution, and a $10,000 fine.
The case investigation was conducted by the Internal Revenue Service – Criminal Investigations Division. Supervisory Assistant U.S. Attorney Eugene L. Miller represented the government in the prosecution.
Wednesday 23 November 2022
Utah Man Charged with Assault with Dangerous Weapon on a JetBlue Flight from New York to Salt Lake CityRead the Press Release
SALT LAKE CITY, Utah – A 41-year-old Syracuse, Utah man has been arrested and charged in a federal criminal complaint for carrying and using a straight edge razor blade during a flight Monday, November 21, 2022.
The United States Attorney’s Office filed the complaint Tuesday, November 22, 2022, charging the defendant, Merrill Darrell Fackrell with Carrying a Weapon on an Aircraft and Assault with a Dangerous Weapon in the Special Aircraft Jurisdiction of the United States.
According to the allegations contained in the complaint and law enforcement affidavit, on November 21, 2022, Fackrell departed on JetBlue Flight #871 from John F. Kennedy International Airport in New York en route to Salt Lake City International Airport in Utah. Fackrell was seated in a window seat next to married passengers. During the flight, Fackrell placed his hand in front of the woman’s screen and told her to pause her movie. According to the complaint, the woman took off her headphones and realized Fackrell had his hand clutched with what appeared to her as a knife, inches from her skin at her throat/neck area. The woman’s husband went to the front of the aircraft to get assistance from the flight attendant. The woman lunged for the aisle to escape and Fackrell reached and tried to stop her by grabbing her shoulder. The object was secured and later identified as a Facon wood-handled straight edge razor with a one-to-two-inch blade.
Assistant United States Attorney Michael Kennedy from the United States Attorney’s Office for the District of Utah is prosecuting the case. The case is being investigated by Salt Lake City Police Department and an FBI Task Force Officer.
A criminal complaint is a formal accusation of criminal conduct, not evidence. Defendants are presumed innocent unless and until proven guilty.
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Three District of Columbia Men Indicted on Federal Charges for Armed Robberies and Carjackings in D.C. and MarylandRead the Press Release
WASHINGTON – Three men, all from Washington, D.C., have been indicted on federal charges stemming from a series of armed robberies and carjackings that took place in Maryland and the District of Columbia over a period of less than two months earlier this year.
Tyrell Jordan Stewart, 24, Joenathan Nelson, 25, and Azriel Echavarria, 20, were indicted on charges of conspiracy to interfere with interstate commerce by robbery, conspiracy to commit carjacking, and various related offenses. The indictment was unsealed today in the U.S. District Court for the District of Columbia Stewart was arrested today and made his initial court appearance this afternoon. Nelson and Echavarria previously were in custody.
The announcement was made by U.S. Attorney Matthew M. Graves, Christopher Amon, Acting Special Agent in Charge of the Washington Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Robert J. Contee III, Chief of the Metropolitan Police Department (MPD), Malik Aziz, Chief of the Prince George’s County, Maryland, Police Department, and Marcus G. Jones, Chief of the Montgomery County, Maryland, Police Department.
According to the indictment, the defendants wore dark clothing and often wore masks or other clothing over their faces while committing the crimes. As alleged in the indictment, they used various vehicles, including stolen vehicles, to facilitate the robberies or flee from scenes. The crimes typically took place in the early morning, between 5 a.m. and 7:30 a.m. In addition to stores, targets included people accosted while in their cars, at work, or on the street.
The indictment includes charges related to crimes from Jan. 19 through March 4, 2022. They include three robberies at convenience stores, 14 robberies of individuals, an armed carjacking, and three car thefts. On Feb. 18, 2022, for example, four armed robberies were carried out within 95 minutes in Northwest and Northeast Washington. On Feb. 20, 2022, two armed robberies took place within 10 minutes at convenience stores in Rockville and Kensington, Maryland. On March 4, 2022, four armed robberies took place within 35 minutes in Northeast and Northwest Washington.
Stewart was indicted on a total of 14 charges, including conspiracy to interfere with interstate commerce by robbery, conspiracy to commit carjacking, six counts of armed robbery, one count of robbery, five counts of interstate transportation of a stolen motor vehicle, and a firearms offense.
Nelson was indicted on a total of 21 charges, including conspiracy to interfere with interstate commerce by robbery, conspiracy to commit carjacking, 11 counts of armed robbery, one count of robbery, six counts of interstate transportation of a stolen motor vehicle, and a firearms offense.
Echavarria was indicted on a total of five charges, including conspiracy to interfere with interstate commerce by robbery, conspiracy to commit carjacking, two counts of armed robbery, and a firearms offense
Nelson has been detained pending other court proceedings in Montgomery County. Echavarria is incarcerated after pleading guilty in the District of Columbia on April 28, 2022, to a charge of carrying a pistol without a license.
An indictment is merely a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.
The case is being investigated by the ATF’s Washington Field Division, the Metropolitan Police Department, the Montgomery County, Maryland Police Department and the Prince George’s County, Maryland Police Department.
The case is being prosecuted by Special Assistant U.S. Attorney Brian Lynch and Assistant U.S. Attorney Matthew Kinskey, of the Violence Reduction and Trafficking Offenses Section of the U.S. Attorney’s Office for the District of Columbia.
Syracuse Man Sentenced to 15 Years for Drug Conspiracy and DistributionRead the Press Release
SYRACUSE, NEW YORK – Eric F. Jackson, aka “The Mexican,” aka “Pops,” age 49, of Syracuse, was sentenced Tuesday to 180 months in prison for his leadership of a drug-trafficking organization that distributed methamphetamine in Onondaga County and elsewhere in Central New York.
The announcement was made by United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.
As part of his prior guilty plea, Jackson admitted that beginning no later than May 2020 through April 2021, he conspired with others to transport methamphetamine from California to locations in the Northern District of New York, including Syracuse, for distribution. Jackson admitted that in furtherance of the conspiracy, in December 2020, a coconspirator drove with approximately 4.6 kilograms of pure methamphetamine from California destined for Syracuse but was intercepted by police and arrested in Oklahoma City. Jackson also admitted that he arranged for methamphetamine to be shipped by a common carrier to addresses in the Syracuse area, which were provided by coconspirators. In addition to participating in the conspiracy, Jackson admitted that he personally distributed more than 50 grams of pure methamphetamine to another individual in Syracuse. Jackson further admitted that at the time of his arrest in April 2021, at a small convenience store on Park Street in Syracuse, New York, he possessed approximately $17,460 in drug proceeds, and more than 350 grams of pure methamphetamine, which he intended to distribute.
United States District Judge David N. Hurd also ordered Jackson to serve a 5-year term of supervised release to follow his release from prison, the forfeiture of the $17,460 of seized currency, and ordered Jackson to pay a money judgment of $1,300.
This case is being investigated by DEA, U.S. Internal Revenue Service Criminal Investigation (IRS-CI), New York State Police-Violent Gang and Narcotics Enforcement Team (NYSP-VGNET), Onondaga County (New York) Sheriff’s Office, Onondaga County District Attorney’s Office, Syracuse Police Department, Oklahoma City Police Department, San Bernardino County (California) Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Matthew J. McCrobie.
Rochester Man Charged with Threatening A Board Member of the Rochester Islamic CenterRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that William M. Putnam, 53, of Rochester, NY, was charged by criminal complaint with transmitting in interstate commerce communications containing threats to injure another person. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that according to the complaint, on November 21, 2022, a board member of the Islamic Center of Rochester (Victim 1) received a voicemail message, which had been left on November 15, 2022, at approximately 1:23 p.m. Left by a male individual, the message stated: “I'm coming to your office with a few friends, we all have shotguns. We are walking into your front door, and we are going to shoot everybody that’s on the phone in the (expletive) head. How do you like that? That’s what’s going coming your way very soon, you scumbag foreigner (expletives).” A subsequent investigation traced the message to Putnam, who has 12 previous criminal convictions, including two felony convictions and one violent felony conviction. In November 2021, Putnam was the subject of a Mental Health Transport for threatening self-harm.The complaint further states that Victim 1 recognized of photo of Putnam as an individual who had previously visited the Islamic Center and who Victim 1 had interacted with on multiple occasions since 2021. As a result, Putnam was taken into custody by the Rochester Police Department under New York Mental Hygiene Law and transported to Rochester General Hospital for observation.
Putnam made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was held pending a detention hearing on November 29, 2022.
The complaint is the result of an investigation by the Rochester Police department, under the direction of Chief David Smith, the Brighton police Department, under the direction of Chief David Catholdi, and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #Real Estate Developer and Attorney Both Admit to Multimillion-Dollar Mortgage Fraud SchemeRead the Press Release
TRENTON, N.J. – A New Jersey real estate developer and attorney each admitted today to conspiring to orchestrate a mortgage fraud scheme that led to over $3.5 million in losses, U.S. Attorney Philip R. Sellinger announced.
Victor Santos, aka Vitor Santos, 63, of Watchung, New Jersey, and Fausto Simoes, 69, of Millington, New Jersey, each pleaded guilty by videoconference to Count One of an indictment charging them with conspiracy to commit bank fraud before U.S. District Judge Michael A. Shipp in Trenton federal court.
According to documents filed in this case and statements made in court:
From September 2007 through November 2008, Santos, a real estate developer, and Simoes, an attorney, conspired with each other and others to fraudulently obtain mortgage loans with a total value of more than $4 million. Santos orchestrated the scheme to recruit fake, or “straw” buyers to purchase 12 properties in Newark. Using the identity and credit of these straw buyers allowed Santos, Simoes, and their conspirators to conceal their identities from the lender as the actual purchasers of the properties. Santos and others induced people to be straw buyers by agreeing to pay each straw buyer at least $5,000, secure tenants to lease the purchased properties, and cover costs associated with the property, including fees associated with the real estate purchases and the mortgage payments on each of the fraudulently obtained mortgages. Santos, Simoes, and others also caused the submission of fraudulent and false loan applications and documents to the mortgage lender.
Simoes conducted the closings of 10 of the fraudulent transactions and helped perpetuate the fraud by falsely reporting that the straw buyers were providing the cash required at closing when, in fact, Simoes received those funds from a shell company controlled by Santos and another conspirator. For several transactions, Simoes also failed to disclose to the lender that the shell company controlled by Santos and another conspirator would receive a substantial payout from the loan proceeds.
Shortly after the properties were acquired, Santos and his conspirators broke their promises to pay the mortgages. The straw buyers, in whose names the mortgages were obtained and thus were responsible for the payments, did not have enough money to pay the fraudulently obtained mortgages and defaulted, which caused the lender, Fannie Mae, and insurers to lose more than $3.5 million.
Conspiracy to commit bank fraud carries a maximum potential penalty of 30 years in prison, a fine of $1 million or twice the gross gain to the defendants or twice the gross loss to others whichever is greatest. Sentencing for Santos is scheduled for April 12, 2023, and for Simoes, April 13, 2023.
Two other conspirators previously pleaded guilty and are awaiting sentencing.
U.S. Attorney Sellinger credited special agents of the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent in Charge Robert Manchak, and special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the guilty pleas.
The government is represented by Special Assistant U.S. Attorneys Charlie Divine and Kevin DiGregory of the Federal Housing Finance Agency, Office of Inspector General, assigned to U.S. Attorney’s Office’s Economic Crimes Unit in Newark.
Rapid City Man Sentenced for Receipt of Child PornographyRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that a Rapid City, South Dakota, man convicted of Receipt of Child Pornography was sentenced on November 18, 2022, by U.S. District Judge Jeffrey L. Viken.
James McKinstry, age 75, was sentenced to five years in federal prison, followed by five years of supervised release, and ordered to pay $8,000 in restitution, a $100 special assessment to the Federal Crime Victims Fund, and a $5,000 special assessment to the Victims of Trafficking Fund. McKinstry will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.
McKinstry was indicted for Receipt of Child Pornography and Possession of Child Pornography by a federal grand jury in February of 2021. He pleaded guilty on July 25, 2022.
McKinstry was arrested and federally indicted following three Cybertips from the National Center of Missing and Exploited Children. A forensic examination of McKinstry’s devices found hundreds of images and videos of child pornography, including children as young as infants.
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
This case was investigated by Homeland Security Investigations, the South Dakota Division of Criminal Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
McKinstry was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of FirearmsRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on November 22, 2022.
Brandon Tyon, 43, was sentenced to 18 months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Tyon was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury in February of 2022. He pleaded guilty on August 1, 2022.
In January 2021, in Rapid City, Tyon, a previously convicted felon who is prohibited from possessing firearms, while using methamphetamine, possessed three firearms, including a Springfield Incorporated, Springfield Armory trademark, model M1A SOCOM 16, .308 Winchester caliber, semi-automatic rifle, a Raven Arms, model P25 (2nd Generation), .25 AUTO, semi-automatic pistol, a Sturm, Ruger & Company Incorporated, model 10/22, .22 Long Rifle caliber, semi-automatic rifle, and a Smith & Wesson, model M&P Bodyguard 380, .380 AUTO caliber, semi-automatic pistol, which were found after Tyon came into contact with law enforcement.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Bureau of Alcohol, Tobaco, Firearms and Explosives, the South Dakota Highway Patrol, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Tyon was immediately remanded to the custody of the U.S. Marshals Service.
Previously Deported Dominican National Sentenced to 18 Months’ Imprisonment for Illegal Reentry Following Removal for an Aggravated FelonyRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Tomi Moscat-Lara, age 44, a native and citizen of the Dominican Republic, was sentenced by United States District Court Judge Malachy E. Mannion to 18 months’ imprisonment, for illegally reentering the United States after being previously removed following conviction for a felony offense.
According to United States Attorney Gerard M. Karam, in April of 2013, while residing in this country without legal status, Moscat-Lara was convicted of a cocaine trafficking offense. After serving a 12-to-24-month county prison sentence for that offense, Moscat-Lara was deported. Sometime thereafter, Moscat-Lara unlawfully reentered the United States, and on January 14, 2021, he was arrested in Luzerne County and charged with cocaine and fentanyl trafficking. Following a guilty plea in the Luzerne County Court of Common Pleas to those charges, he was sentenced to a three-to-six-year imprisonment term.
Lara was charged with the illegal reentry offense in federal court. He pleaded guilty to that offense. Following the conclusion of his 18-month federal sentence imposed by Judge Mannion, Muscat-Lara will face deportation.
This case was investigated by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Jeffery St John prosecuted the case.
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Porcupine Man Sentenced to Federal PrisonRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that a Porcupine, South Dakota, man convicted of Involuntary Manslaughter was sentenced on November 21, 2022, by U.S. District Judge Jeffrey L. Viken.
Cassian Richards, 21, was sentenced to 30 months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Richards was indicted for Involuntary Manslaughter by a federal grand jury in March of 2022. He pleaded guilty on July 29, 2022.
The conviction stems from Richards who, while in possession of a loaded semi-automatic firearm, got into an altercation at a home near Porcupine in February of 2022. Following the altercation, Richards fled the home with the firearm and got into a vehicle. While getting into the vehicle, Richards carelessly and recklessly handled the firearm and caused the firearm to discharge. The discharged bullet struck another male within the vehicle. The victim succumbed to his injuries within moments of being shot.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the FBI. Assistant U.S. Attorney Heather Sazama prosecuted the case.
Richards was immediately remanded to the custody of the U.S. Marshals Service.
Parmelee Man Sentenced for Abusive Sexual Contact with a MinorRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that a Parmelee, South Dakota, man convicted of Abusive Sexual Contact with a Minor was sentenced on November 21, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Hehaka Thunder Hawk, age 39, was sentenced to a total of 24 months in federal prison, including credit for 10 months already served, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Thunder Hawk was indicted by a federal grand jury in November of 2021. He pleaded guilty on August 19, 2022.
The conviction stemmed from conduct that occurred between September 1, 2020, and September 30, 2020, in Todd County, when Thunder Hawk engaged in sexual contact with the minor victim.
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.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the FBI. Assistant U.S. Attorney Abby Roesler prosecuted the case.
Thunder Hawk was immediately remanded to the custody of the U.S. Marshals Service.
Orange County Pharmacist Found Guilty of 22 Felonies for Her Role in $11 Million Scheme to Defraud the U.S. Military’s Health Care PlanRead the Press Release
LOS ANGELES – A licensed Orange County pharmacist has been found guilty by a jury of nearly two dozen federal criminal charges for her role in a health care fraud scheme in which more than 1,000 bogus prescriptions for compounded medications were filled, costing Tricare, the U.S. military’s health care plan, more than $11 million in losses, the Justice Department announced today.
Sandy Mai Trang Nguyen, 42, of Irvine, was found guilty Tuesday afternoon of 21 counts of health care fraud, and one count of obstruction of a federal audit.
Compounded drugs are tailor-made products doctors may prescribe when the Food and Drug Administration-approved alternative does not meet the health needs of a patient.
According to evidence presented at her five-day trial, Nguyen was the pharmacist-in-charge of the now-defunct Irvine Wellness Pharmacy in Irvine. From late 2014 to May 2015, Nguyen and others under her supervision filled approximately 1,150 compounded prescriptions for pain, scarring and migraines that Tricare reimbursed for tens of thousands of dollars per prescription. Nearly all of the prescriptions were sent to the pharmacy by so-called marketers who were paid kickbacks of upwards of 50% of the Tricare reimbursements.
The beneficiaries were solicited to provide their Tricare insurance information for medications they did not seek out or need, and most were never examined by a physician. The prescriptions were electronically sent from marketers or telemedicine businesses and submitted by the pharmacy for reimbursement even though Tricare rules excluded reimbursements for claims based on telemedicine visits and would not, in any event, have been authorized had Tricare known the prescriptions originated based upon the payment of kickbacks.
Nguyen was aware that the prescriptions were purportedly written by physicians in states other than where the beneficiaries lived, multiple members of the same families received the same medications, and the same prescriptions were written for members of different patient populations, including a 13-year-old boy in Chicago who got the same prescription as an 86-year-old woman in Orange County who happened to be Nguyen’s grandmother.
The pharmacy invoiced the beneficiaries to pay hundreds of dollars in required co-payments, but the beneficiaries stated that they knew nothing about co-payments and understood that the medications were fully covered by Tricare, according to trial testimony. The total co-payments due during the scheme exceeded $16,000, but the pharmacy never collected them.
Nguyen also obstructed a federal audit by providing bogus, cut-and-pasted prescriptions to cover-up Tricare’s effort to validate millions of dollars paid for the same prescriptions.
During Nguyen’s tenure as pharmacist-in-charge, Tricare paid $11,098,756 on the fraudulently submitted claims.
United States District Judge Otis D. Wright II scheduled an April 3, 2023 sentencing hearing, at which time Nguyen will face a statutory maximum sentence of 10 years in federal prison for each health care fraud count, and five years in federal prison for the audit obstruction count.
The Department of Defense, Office of Inspector General; the Defense Criminal investigative Service; the FBI; the Amtrak Office of Inspector General; IRS Criminal Investigation; the United States Department of Labor – Employee Benefits Security Administration; the California Department of Insurance; and the Office of Personnel Management, Office of Inspector General investigated this matter.
Assistant United States Attorneys Mark R. Aveis and Ali Moghaddas of the Major Frauds Section are prosecuting this case.
North Carolina Man Sentenced to 6 ½ Years for Gunpoint Robbery of Puppies from Lancaster County BreederRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Christopher Lamont Stimpson, Jr., 24, of Greensboro, North Carolina, was sentenced to six years and six months in prison, three years of supervised release, and ordered to pay $1,660 in restitution by United States District Court Judge Edward G. Smith for robbing a Lancaster County puppy breeder and his family at gunpoint in order to steal five French Bulldog puppies in October 2020.
In April 2022, the defendant was convicted of robbery which interferes with interstate commerce (Hobbs Act robbery), and interstate transportation of stolen goods in connection with the robbery. Evidence presented at trial proved that in order to gain access to the puppies, dogs with a total value of more than $23,000, Stimpson posed as a customer seeking to purchase five French Bulldog puppies, only to pull out a gun, point it at the victims, and steal the animals. One of the victims recorded the registration of the defendant’s getaway vehicle, which was traced back to a rental company in Greensboro, North Carolina. A customer of the breeder who had also been interested in purchasing one of the puppies later discovered an Instagram posting which featured a video and a photograph of the puppies, as well as photographs of Stimpson. In December 2020, the defendant was arrested in North Carolina.
“The defendant threatened a family at gunpoint inside their own home in order to greedily and callously steal vulnerable, living creatures,” said U.S. Attorney Romero. “ Our Office is committed to prosecuting dangerous, armed criminals, no matter where they may run and hide. We are thankful to our law enforcement partners here in Pennsylvania and in North Carolina for their assistance in bringing Stimpson to justice.”
“This was a frightening armed robbery that saw the victims menaced at gunpoint,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “The fact that puppies were the property taken renders this crime more unusual, but no less serious. Christopher Stimpson made the very bad decision to come to Pennsylvania and take these pups by force, and this sentence holds him accountable for his actions.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was investigated by the Federal Bureau of Investigation, the Ephrata Police Department, and the Greensboro (NC) Police Department, and is being prosecuted by Assistant United States Attorney Mark S. Miller.
Morris County Man Charged with Distribution of Child PornographyRead the Press Release
NEWARK, N.J. – A Morris County, New Jersey, man was arrested for distributing videos and images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced today.
William Harbeson, 82, of Boonton, New Jersey, is charged by complaint with one count of distribution of child pornography. He appeared before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court on Nov. 22, 2022, and was released on $100,000 unsecured bond.
According to documents filed in this case and statements made in court:
From May 2022 to September 2022, Harbeson distributed videos of child sexual abuse via a publicly available online peer-to-peer (P2P) file-sharing program. An undercover law enforcement officer conducted online sessions using the P2P program, during which a user shared hundreds of videos and images of child sexual abuse from an IP address traced to Harbeson’s address. Subsequent to a lawful search of his residence, law enforcement officers recovered at least 38 videos and 351 images of child sexual abuse on Harbeson’s hard drive.
The count of distribution of child pornography carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years in prison, and a fine of $250,000.
U.S. Attorney Sellinger credited special agents of the U.S. Department of Homeland Security, Homeland Security Investigations, New Jersey Division, under the direction of Special Agent in Charge Ricky J. Patel, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Farhana C. Melo of the General Crimes Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Milford Man to Federal Prison for Meth ConspiracyRead the Press Release
On November 22, 2022, Justin Haubrich, 46, from Milford, Iowa, was sentenced to 108 months in federal prison.
Haubrich pled guilty June 28, 2022, in federal court in Sioux City, to conspiracy to distribute methamphetamine.
Evidence at the plea and sentencing hearings showed that from May 2018 through January 2019, Haubrich was involved in a conspiracy that distributed at least 2500 grams of methamphetamine. Haubrich was supplied methamphetamine from sources in Denison and Council Bluffs, Iowa for further distribution in Northwest Iowa. During a traffic stop in January 2019, Haubrich was found in possession of a .45 caliber handgun and was known to keep and store firearms during his drug trafficking activities.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Haubrich was sentenced to 108 months’ imprisonment and must serve a term of three years supervised release following imprisonment. There is no parole in the federal system. Haubrich remains in custody of the United States Marshal until he can be transported to a federal system.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Iowa Division of Narcotics Enforcement, the Dickinson County Sheriff’s Office, the Palo Alto County Sheriff’s Office, the Okoboji, Iowa Police Department, and the Iowa DCI Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4097.
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Methamphetamine Conspirator Sentenced to over 17 Years in PrisonRead the Press Release
ABINGDON, Va. – A Southwest Virginia man, who conspired with others to sell methamphetamine in Tazewell and Russell Counties and possessed firearms, explosives, and destructive devices, was sentenced last week to 17 and one-half years in federal prison.
Steven Cantrell, 28, pled guilty in June 2022 to one count of conspiracy to distribute and possession with the intent to distribute 50 grams or more of methamphetamine, one count of possessing a firearm and ammunition in furtherance of a drug trafficking crime, one count of possession of explosives after having been convicted of a felony and while being an unlawful drug user, and one count of possessing unregistered destructive devices.
In September 2022, co-conspirator Amanda Skeens was sentenced to 11 years in federal prison and Josh Goodman received a 9-year sentence. In August 2022, two other members of the conspiracy, Zachary Justice and Ronda Rose, were sentenced to 14 years and 7.5 years, respectively.
During 2019 and 2020, Justice and Cantrell sold methamphetamine out of an apartment they shared in Swords Creek, Virginia. In addition, Justice also traded firearms to Cantrell in return for methamphetamine for resale.
As part of the conspiracy, Skeens supplied methamphetamine several times a week from her home in West Virginia to other conspiracy members, who then brought the dangerous drugs into Russell and Tazewell Counties for further distribution, bringing anywhere from two ounces to over one pound per trip.
Three destructive devices, seven blasting caps, fourteen firearms, and over 2,500 rounds of ammunition were recovered from Cantrell’s residence pursuant to search warrants.
United States Attorney Christopher R. Kavanaugh made the announcement.
The Russell County Sheriff’s Office, the Mercer County, West Virginia Sheriff’s Office, the Tazewell County Sheriff’s Office, the Southern West Virginia Drug Task Force, the Tazewell County Drug Task Force, the Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case.
Assistant U.S. Attorney Lena L. Busscher prosecuted the case.
Mangilao Man Sentenced to 30 Months in Federal Prison for Drug CrimeRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Jeffrey B. Baldonado, age 38 from Mangilao, Guam, was sentenced to 30 months imprisonment by the District Court of Guam. He was charged with Attempted Possession of More than 50 Grams of Methamphetamine with Intent to Distribute, in violation of 21 U.S.C. § 841(a)(1). The Court also ordered three years of supervised release and a mandatory $100 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
On July 18, 2019, a United States Postal Service package was intercepted by law enforcement. It contained 1,783 grams of methamphetamine with a purity of 97 percent. On July 24, the package was delivered to a residence in Mangilao. Baldonado accepted delivery. He later admitted being paid to receive and deliver the package to the intended recipient, James Damaso. Baldonado also admitted he was instructed by Damaso to get rid of the package after “sham” was discovered. Damaso recruited Baldonado by offering him $5,000 for each drug package received.
“While Baldonado had a lesser role in this offense than Damaso, this case shows that any involvement in federal drug crimes can result in substantial penalties,” stated U.S. Attorney Anderson. “Baldonado’s reduced sentence was due to his testimony at trial against Damaso. Offenders are encouraged to admit their criminal activity and cooperate with law enforcement at the earliest opportunity.”
“HSI will continue to bring our investigative capabilities to those who conspire to distribute narcotics,” said Special Agent in Charge John F. Tobon. “This sentence holds Baldonado accountable for his crime and serves as a warning that we partners will work diligently to keep this highly addictive drug out of our community.”
This investigation was led by Homeland Security Investigations with the support of the United States Postal Inspection Service. The case was prosecuted by Laura C. Sambataro and Rosetta L. San Nicolas, Assistant United States Attorneys in the District of Guam.
Ludlow Man Arrested for Distributing Child PornographyRead the Press Release
BOSTON – A Ludlow man has been arrested for a child pornography offense.
Robert Avrett, 41, was charged with distribution of child pornography. Avrett was arrested on Nov. 21, 2022 and was detained following an initial appearance yesterday before U.S. District Court Magistrate Judge Katherine A. Robertson.
According to the charging document, Avrett was identified as the owner of a Kik messenger account that shared numerous videos containing child sexual abuse material (CSAM) to an undercover law enforcement agent. The CSAM Avrett allegedly distributed depicted the sexual exploitation of minor victims as young as approximately three-years-old. During search of Avrett’s residence on Nov. 21, 2022, Avrett admitted that he was the operator of the Kik messenger account and that he used the account to share and receive CSAM.
The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, at least five years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Assistant U.S. Attorney Catherine G. Curley of Rollins’ Springfield Branch Office 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 charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lower Brule Man Charged with Burglary and Assault with a Dangerous WeaponRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary and Assault with a Dangerous Weapon.
Justice Long, age 29, was indicted in September of 2022. He appeared before U.S. Magistrate Judge Mark Moreno on November 18, 2022, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 25 years in custody and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
According to the Indictment, in July of 2022, Long broke into a home in Lower Brule and assaulted a person inside with a metal bar.
The charges are merely an accusation and Long is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Long was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for January 17, 2023.
Kansas Man Sentenced to More Than Six Years in Prison for Armed Robbery of West St. Paul MenardsRead the Press Release
MINNEAPOLIS – A Kansas man was sentenced to 77 months in prison followed by three years of supervised release for an early morning armed robbery of a Menards store in West St. Paul, announced United States Attorney Andrew M. Luger.
According to court documents, on September 27, 2021, Cornelius Graham, 61, of Kansas City, Kansas, went to the Menards store in West St. Paul and hid inside the store until it closed. Early on the morning of September 28, 2021, Graham confronted the store manager as he was opening the store for the day. Graham brandished a firearm and took cash from the store manager.
Graham was sentenced yesterday in U.S. District Court before Senior Judge Ann D. Montgomery. On June 1, 2022, Graham pleaded guilty to one count of interference with commerce by robbery. Because Graham was on supervised release for separate robbery convictions in the District of Kansas, Graham received an additional sentence of 23 months, increasing his total sentence to 100 months in prison.
This case was the result of an investigation conducted by the FBI and the West St. Paul Police Department.
Assistant U.S. Attorney David P. Steinkamp prosecuted the case.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Nov. 23 was:
John Randolph Bland, IV, 58, of Livingston, on charges of possession of a stolen firearm and prohibited person in possession of a firearm and ammunition. If convicted of the most serious crime, Bland faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Bland was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Livingston Police Department investigated the case. PACER case reference. 22-131.
Appearing for an initial appearance on a criminal complaint was:
Marshall Vincent Lucas, 41, of Roundup, on charges of sexual exploitation of children. If convicted of the most serious crime, Lucas faces a mandatory minimum 15 years to 30 years in prison, a $250,000 fine and five years to life of supervised release. Lucas was detained pending further proceedings. The FBI, Montana Division of Criminal Investigation and Musselshell County Sheriff’s Office investigated the case. PACER case reference. 22-160.
Michael Joseph Owens, 42, of Colorado, on charges of possession with intent to distribute controlled substances. If convicted of the most serious crime, Owens faces a mandatory minimum five years to 40 years in prison, a $5 million fine and four years of supervised release. Owens was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Montana Division of Criminal Investigation investigated the case. PACER case reference. 22-161.
Appearing on Nov. 22 and pleading not guilty was:
Jacob Parker Renouard, 33, of Spokane, Washington, on charges of conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances. If convicted of the most serious crime, Renouard faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Renouard was released pending further proceedings. The FBI and Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. PACER case reference. 22-125.
Tysawn Dantae Pine, 24, of Busby, on charges of strangulation. If convicted of the most serious crime, Pine faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Pine was detained pending further proceedings. The Bureau of Indian Affairs and the FBI investigated the case. PACER case reference. 22-80.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Nov. 22 was:
David Loren Waldeck, 57, of Port Orchard, Washington, on charges of possession with intent to distribute methamphetamine, cocaine and fentanyl. If convicted of the most serious crime, Waldeck faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Waldeck was detained pending further proceedings. Homeland Security Investigations, the Flathead Tribal Police Department and Lake County Sheriff’s Office investigated the case. PACER case reference. 22-59.
Derek Steven Trumbull, 35, of Missoula, on charges of felon in possession of a firearm. If convicted of the most serious crime, Trumbull faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Trumbull was detained pending further proceedings. The Missoula Police Department, Montana Probation and Parole and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-52.
Donald Willard Stebbins, 30, of Missoula, on charges of felon in possession of a firearm. If convicted of the most serious crime, Stebbins faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Stebbins was released pending further proceedings. The Missoula Police Department, Montana Probation and Parole and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-53.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Nov. 22 was:
Kelly Sterling Wait, 45, of Williston, North Dakota, on charges of conspiracy to possess with intent to distribute fentanyl, possession with intent to distribute fentanyl and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Wait faces a maximum of 10 years in prison, a $1 million fine and three years of supervised release on the drug charge and a mandatory minimum five years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the firearm charge. Wait was detained pending further proceedings. Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Russell Country Drug Task Force and the Montana Highway Patrol investigated the case. PACER case reference. 22-95.
Yevgeniy Rudnitskiy, 34, of Spokane, Washington, on charges of conspiracy to possess with intent to distribute fentanyl and possession with intent to distribute fentanyl. If convicted of the most serious crime, Rudnitskiy faces a maximum of 10 years in prison, a $1 million fine and three years of supervised release. Rudnitskiy was detained pending further proceedings. Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Russell Country Drug Task Force and the Montana Highway Patrol investigated the case. PACER case reference. 22-95.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Hilo Man Receives 42 Months in Prison for Defrauding Covid-19 Relief ProgramsRead the Press Release
HONOLULU – Carey Mills, 47, of Hilo, Hawaii, was sentenced on November 22, 2022 in federal court by Chief U.S. District Judge Derrick K. Watson to 42 months in federal prison for wire fraud in connection with a scheme to defraud the federal government of program funds intended for COVID-19-related relief. Mills pleaded guilty to a single-count information on May 17, 2022. In addition to a term of imprisonment, the Court also imposed a five-year term of supervised release and ordered Mills to pay restitution to the Small Business Administration in the amount of $937,575.
The Paycheck Protection Program (PPP) is a federal loan program intended to help small businesses survive the COVID-19 pandemic by providing them with funds to cover certain payroll costs, including benefits, interest on mortgages, rent and utilities. The Economic Injury Disaster Loan (EIDL) is a separate federal program providing low-interest loans and grants to small businesses that experience substantial financial disruptions due to federally-declared disasters, including the COVID-19 pandemic.
According to court documents and information presented in court, from May to August 2020, Mills submitted multiple applications for PPP and EIDL funds on behalf of three businesses under his control, Kanaka Maoli Hookupu Center, New Way Horizon Travel, and Uilani Kawailehua Foundation, each time utilizing interstate wires. To support the applications, Mills submitted fraudulent payroll documents and IRS forms, which included false employee and wage payment records. As a result of these applications, Mills received $937,575 in the form of three forgivable PPP loans and one EIDL grant to which he was not entitled.
At the sentencing hearing, the prosecution highlighted the fact Mills used the federal relief money to fund personal expenses, including the purchase of eight vehicles and two residential properties. When Chief Judge Watson imposed the sentence, he stated: “Stealing one million dollars of federal funds is no joke.”
“Carey Mills stole federal funds that provided a lifeline to our small businesses struggling as a result of the COVID-19 pandemic,” said U.S. Attorney Clare E. Connors. “While this is the first COVID-19 program fraud sentencing in the District of Hawaii, the Department is committed to investigating and prosecuting those who, like Mills, harmed both small businesses in need of these PPP and EIDL funds as well as the taxpayers who supported these programs.”
“The Treasury Inspector General for Tax Administration aggressively pursues those who attempt to abuse the Coronavirus Aid, Relief, and Economic Security Act and its Paycheck Protection Program, which was created to assist legitimate business owners during the pandemic,” said J. Russell George, Treasury Inspector General for Tax Administration. “We appreciate the efforts of our law enforcement partners and the United States Attorney’s Office to ensure individuals engaged in criminal activity are held to account.”
The investigation was conducted by the U.S. Treasury Inspector General for Tax Administration, together with the Federal Deposit Insurance Corporation Office of the Inspector General, the Small Business Administration Office of the Inspector General, and Homeland Security Investigations. Assistant U.S. Attorneys Rebecca M. Perlmutter and Gregg Paris Yates handled the prosecution.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Geneseo Man Sentenced to 384 Months in Prison for Sexual Exploitation of a ChildRead the Press Release
Davenport. IA. – Tristan Scott Blank of Tulip Court in Geneseo, Illinois, has been sentenced to 32 years of imprisonment to be followed by a life term of supervised release for Sexual Exploitation of a child.
Blank used social media and the internet to pose as a teen girl to entice children to send him explicit material. He pled guilty January 6, 2022, to five counts of Sexual Exploitation of a Child. As part of the plea, Blank was also held accountable for the exploitation of other victims not listed in the original indictment.
Also at the hearing, U.S. District Judge Sara Darrow noted the seriousness of the offense was difficult to fathom, as Blank had sexually assaulted two children and exploited 21 others, resulting in 23 children permanently altered by his conduct. Judge Darrow found that many of the victims were children Blank knew or specifically targeted for exploitation.
The statutory penalties for Sexual Exploitation of a Child are fifteen to thirty years imprisonment and a term of supervised release of at least five years and up to life.
“Blank manipulated and blackmailed children into producing sexual images for his own sexual gratification.” said Assistant U.S. Attorney Sarah E. Seberger. “His significant term of imprisonment and lifetime supervision will provide some measure of justice to the victims and their families. These brave, resilient children now have justice and can continue to move forward with their lives.”
The U.S. Secret Service remains committed to investigating and arresting individuals who sexually exploit children and transmit child sexual abuse material.” said Resident Agent in Charge Stephen Webster. “We are proud of our partnerships with the federal, state, and local agencies who work collectively to investigate and prosecute crimes against minors. These predators cause significant and long-lasting damage, and we are holding them accountable.”
“This case shows the importance of parents engaging their children in discussions about online safety, including talking about sextortion.” said U.S. Attorney Gregory Harris. “My office is committed to protecting the most vulnerable members of our society, our children, and to bringing sexual predators to justice.”
The United States Secret Service, Illinois State Police, Geneseo Police Department investigated the case. Braveheart Child Advocacy Center, Colona Police Department, and the Henry County Sheriff’s Office assisted in the investigation. Greater Manchester Police, Serious Crime Division also assisted with investigation in the United Kingdom. Assistant U.S. Attorney Sarah E. Seberger represented the government at the sentencing hearing.
The National Center for Missing & Exploited Children (NCMEC) encourages children to discuss online safety with their parents and to ask for help from adults or professionals if they have experienced threats online. For more information contact [email protected].
The case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
G4S Affiliates Pay $500,000 to Resolve False Claims Act AllegationsRead the Press Release
COLUMBIA, SOUTH CAROLINA — A joint venture comprised of companies affiliated with G4S Secure Integration, LLC, has agreed to pay $500,000 to resolve allegations that the companies violated the False Claims Act by knowingly submitting to the U.S. State Department false claims for payment related to training of local guard forces at the U.S. Embassy in Bratislava, Slovakia. The companies comprising the joint venture are G4S Secure Integration, LLC; G4S Secure Solutions International Inc.; and G4S Technology Solutions (SK) (hereafter referred to individually or collectively as “G4S”).
In 2016, G4S Secure Integration, LLC, was awarded a contract by the State Department to provide local guard forces at the U.S. Embassy in Bratislava, Slovakia, in order to provide additional security to the Embassy. The contract required G4S to provide 80 hours of basic training to each guard, and prohibited the services of any guard who had not completed the required training. The United States alleged that G4S failed to provide all 80 hours of basic training to certain guards during the period from January 1, 2017, through December 31, 2019, and failed to accurately document the performance of training.
“The U.S. Attorney’s Office will hold accountable those who submit claims for payment to the United States for services not provided,” said U.S. Attorney for the District of South Carolina Adair F. Boroughs. “We are thankful for the great work of the agents with the State Department’s Office of Inspector General. Their work helps ensure the safety of the men and women serving in U.S. embassies around the world.”
“This resolution demonstrates the U.S. State Department’s Office of Inspector General’s resolve to hold contractors accountable for failing to give the U.S. government the services it’s paid for, especially when those services involve the security of our embassies worldwide,” said Elisabeth Kaminsky, Special Agent in Charge, U.S. Department of State OIG, Office of Investigations.
The case was investigated by the State Department’s Office of Inspector General and their Diplomatic Security Service (DSS) colleagues, along with Assistant United States Attorneys Stan Ragsdale and Johanna Valenzuela of the U.S. Attorney’s Office for the District of South Carolina.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Four Defendants Arrested, Charged with Selling Drugs and Guns in the Medina, NY, AreaRead 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 four defendants were arrested and charged in two separate criminal complaints with selling cocaine, fentanyl, methamphetamine and firearms in the Medina, NY, area.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the complaint, in October 2021, the Orleans County Major Felony Crime Task Force began investigating the drug trafficking activities of Ebony Shine, 36, of Rochester, NY, Nasir Shine, 20, Emmanual Taylor, 19, and Darrell C. Shine, 37, both of Medina, NY.
According to the complaint against Ebony Shine, Nasir Shine, Emmanual Taylor, between October 2021 and October 2022, the Task Force conducted a total of 14 controlled purchases, to include cocaine and fentanyl, and three firearms. Ebony and Nasir Shine and Emmanual Taylor are charged with conspiracy to possess with intent to distribute, and to distribute, controlled substances, and face a maximum penalty of life in prison.
Darrell C. Shine, 37, of Medina, NY, is charged in a separate complaint with being a felon in possession of a firearm and possession with intent to distribute, and distribution of, a controlled substance, which carry a maximum penalty of 20 years. Between October 2021, and November 2022, investigators conducted six controlled purchases to include methamphetamine, cocaine, and a firearm. In November 2006 and February 2011, Darrell Shine was convicted in Orleans County court of felony drug charges and is legally prohibited from possessing a firearm.
During the course of the investigation and the execution of three search warrants at residences associated with the four defendants, investigators recovered six firearms, including an assault rifle and a tactical shotgun, ammunition, a quantity of cocaine, and drug packaging materials. Investigators also recovered approximately a pound of fentanyl, a half-pound of cocaine and $29,000 in cash, $20,000 of which was for one sale of over ¼ kilogram of fentanyl.
The complaints are the result of an investigation by the Orleans County Major Felony Crime Task Force, under the direction of the Orleans County District Attorney’s Office and District Attorney Joseph Cardone, Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Orleans County Sheriff’s Department, under the direction of Sheriff Christopher Bourke, the Medina Police Department, under the direction of Chief Chad Kenward, the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti, and the Rochester Police Department, under the direction of Chief David Smith.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Former Stamford Attorney Admits Defrauding Clients of More Than $700KRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that WILLIAM McCULLOUGH, 62, of Westerly, Rhode Island, waived his right to be indicted and pleaded guilty yesterday before U.S. District Judge Victor A. Bolden in Bridgeport to one count of wire fraud stemming from an embezzlement scheme.
According to court documents and statements made in court today, prior to his resignation from the Connecticut bar in March 2019, McCullough operated a law practice in Stamford for several years. As part of his practice, McCullough worked on real estate transactions for clients. In that capacity, McCullough received funds from clients and knew he was required to deposit those funds in an Interest on Lawyers’ Trust Account (“IOLTA Account”) and use them in accordance with his duties to each client. In March 2018, the Connecticut Statewide Grievance Committee audited McCullough’s IOLTA Account and found that he had failed to maintain required documents for several years. The audit revealed that more than $1.27 million was due to clients, but the IOLTA Account held less than $600,000. A subsequent criminal investigation revealed that McCullough defrauded clients by using funds in his IOLTA Account to cover funds owed to others, and for his own use. McCullough made false representations to clients, including providing a false and inaccurate closing statement to at least one individual, to prevent the scheme from being uncovered.
McCullough’s clients lost approximately $720,851.05 through this scheme.
As sentencing, which is not yet scheduled, McCullough faces a maximum term of imprisonment of 20 years. He is released pending sentencing.
This matter is being investigated by the U.S. Secret Service and the Wallingford Police Department, and is being prosecuted by Assistant U.S. Attorney Jennifer R. Laraia.
Florida Man Pleads Guilty to Making Threatening CommunicationsRead the Press Release
BOSTON – A Florida man pleaded guilty yesterday in federal court in Springfield to sending threatening communications to the Department of Veterans Affairs.
Drummond Neil Smithson, 31, pleaded guilty to one count of use of interstate communications to transmit a threat to injure. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Feb. 2, 2023 in federal court in Worcester. Smithson was indicted by a federal grand jury on May 12, 2022.
On or about July 19, 2020, Smithson, an Army veteran, mailed a threatening communication from Ayer, Mass., to the Department of Veterans Affairs threatening to injure members of Moms Demand Action, a grassroots organization advocating for the end to gun violence. In the letter, Smithson threatened, among other things, “If you take my pension there is going to be retaliation,” and, “You take my pension and the second I get out of prison I will go to a Moms Demand Action meeting […] Try me.”
The charge of use of interstate communications to transmit a threat to injure provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Valuable assistance was provided by the Department of Veterans Affairs’ Office of Inspector General; Federal Bureau of Investigations, Miami Field Office; and Federal Medical Center, Devens, Special Investigations Section. Assistant U.S. Attorney Kristen Noto of Rollins’ Worcester Branch Office is prosecuting the case.
Federal Jury Convicts Registered Sex Offender of Producing Child PornographyRead 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 a federal jury has convicted Charles Porterfield, 37, of Springville, NY, of production of child pornography and committing the offense as a registered sex offender. The charges carry a mandatory penalty of life in prison.
Assistant U.S. Attorneys Jonathan P. Cantil and Paul E. Bonanno, who handled the prosecution of the case, stated that in 2011, Porterfield was convicted in Erie County Court of Engaging in a Course of Sexual Conduct in the 2nd Degree and sentenced to five years in prison and three years post release supervision. Porterfield was also required to register as a sex offender for life. Less than one month after completing his post release supervision, Porterfield paid a 13-year-old girl (Victim) to engage in an online sexual relationship. Porterfield used the Victim to produce images and videos of child pornography.
The verdict is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, and the Northern York County Regional Police Department.
Sentencing is scheduled for May 23, 2023, before U.S. District Judge Richard J Arcara, who presided over the trial of the case.
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Dilkon Woman Sentenced to 51 Months for Abusing and Injuring a Young ChildRead the Press Release
PHOENIX, Ariz. – Melody Gwen Nez, 32, of Dilkon, Arizona, was sentenced on November 21, 2022, by United States District Judge Dominic W. Lanza to 51 months in prison, followed by three years of supervised release. Nez previously pleaded guilty to Assault Resulting in Serious Bodily Injury.
For at least several weeks in the summer of 2021, Nez abused a five-year-old child in her care. The abuse culminated in an August 19, 2021, incident in which Nez threw the child from a moving vehicle, seriously injuring the child. The abuse occurred on the Navajo Nation, where Nez is an enrolled member.
The Federal Bureau of Investigation and the Navajo Nation Division of Public Safety conducted the investigation in this case. Assistant U.S. Attorneys Alanna Kennedy and Alexander Samuels, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-8130-PCT-DWL
RELEASE NUMBER: 2022-217_Nez# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Denver Felon Sentenced to Prison for 46 Months for Illegal Possession of a WeaponRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces James Ernesto Martinez, age 33, of Denver, has been sentenced to 46 months in prison for possession of a firearm by a prohibited person.
According to the plea agreement, on July 22, 2021, law enforcement agents executed a search warrant at the defendant’s Denver home. That search warrant authorized the seizure of, among other things, firearms. After agents knocked and announced their presence, Martinez went back inside for approximately ten minutes. During that time, agents could see Martinez moving quickly through the home. When Martinez finally surrendered, he was the only adult in the home. On the floor of Martinez’s bedroom, agents observed a trail of pills that led from the dresser to the bathroom. In the bathroom, around the toilet, agents located crushed pills they believed to be a controlled substance, as well as ripped up plastic baggies. Based on what agents initially saw, they obtained a second search warrant for drugs and drug paraphernalia. They located 11 fentanyl pills, .981 grams of methamphetamine, plastic baggies, and two digital scales. In a shoe box concealed in the attic that could only be accessed from the defendant’s bedroom, agents located two 9mm handguns and a .22 caliber handgun. Martinez had previously been convicted of a felony and knew he was prohibited from possessing firearms and ammunition.
Judge William J. Martinez sentenced the defendant on November 23, 2022.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution was handled by the Violent Crime and Immigration Enforcement Section of the U.S. Attorney’s Office for the District of Colorado.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
CASE NUMBER: 21-cr-00263
Delaware Man Sentenced to 45 years in Federal Prison for Trafficking over 150 Kilograms of Cocaine and Laundering the ProceedsRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced that on Monday, November 21, 2022, Third Circuit Judge Stephanos Bibas, sitting by designation in the District of Delaware, sentenced Omar Morales Colon to 45 years’ incarceration for conspiracy to commit money laundering, conspiracy to distribute cocaine, and various other drug and money laundering offenses. The Court acknowledged that Colon was one of the biggest drug traffickers in the history of the State of Delaware, and that Colon stood ready to use violence if necessary to protect his drug business.
Mr. Colon, age 45, was convicted of the drug and money laundering offenses following a pair of jury trials in September 2021 and July 2022. His wife, Shakira Martinez, age 44, was also convicted of the money laundering offenses in the July trial; her sentencing hearing is scheduled for February 2023.
According to court records and evidence presented at trial, between 2009 and 2017, Colon and Martinez laundered over a million dollars in drug proceeds through the purchase of real estate properties in Delaware and Pennsylvania using their company, Zemi Property Management. They deposited drug money into several different bank accounts – and asked their friends and family members to do the same – and then used those funds to buy cashier’s checks that funded the property purchases.
Colon was arrested on May 6, 2017, shortly after giving his cocaine supplier $382,045 in cash in a hotel parking lot in Newark, Delaware. The Drug Enforcement Administration (“DEA”) subsequently discovered a secret underground bunker beneath Colon’s residence, accessed by a tunnel behind a false fireplace, in which Colon hid a marijuana grow operation.
U.S. Attorney Weiss commented on the case, “Mr. Colon has received a serious sentence that properly reflects his decades of criminality. As Judge Bibas acknowledged in his remarks, drug trafficking wreaks havoc on the community and on families. Mr. Colon imported massive amounts of cocaine into Delaware for many years. Those who aspire to a criminal lifestyle should take note that the resulting punishment may be decades behind bars.”
"IRS-Criminal Investigation is proud to have provided its financial expertise in this investigation," said IRS Criminal Investigation Special Agent in Charge Yury Kruty. "We, along with our law enforcement partners and the Department of Justice, are committed to aggressively investigating individuals who engage in money laundering, tax fraud, or other types of white-collar crimes."
“Colon ran a sophisticated drug trafficking and money laundering operation that included a hidden underground bunker at his house to conceal a marijuana grow operation,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Colon received a significant federal prison sentence that is commensurate with the magnitude of his drug-trafficking activities.”
Assistant U.S. Attorneys Jennifer K. Welsh and Meredith C. Ruggles prosecuted the case. This case was investigated by the DEA Philadelphia Division and the IRS-Criminal Investigation.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 1:17-cr-00047-LPS.
Debt collector and drug distributor for cartel connected, violent, drug distribution ring, sentenced to 10 years in prisonRead the Press Release
Seattle – A 31-year-old Renton, Washington man was sentenced this week in U.S. District Court in Seattle to ten years in prison for his role in a violent, cartel connected drug distribution ring, announced U.S. Attorney Nick Brown. Benjamin Fuentes was indicted in July 2020, along with more than a dozen coconspirators following an extensive, wire-tap investigation. U.S. District Judge John C. Coughenour imposed the prison term and four years of supervised release to follow incarceration.
“This defendant was immersed in the violence of this drug trafficking ring – at one point firing a gun into the air and threatening to kill everyone inside a residence as part of his debt collection threats,” said U.S. Attorney Nick Brown. “He and his coconspirators distributed massive amounts of methamphetamine, heroin, cocaine, and potentially deadly fentanyl pills in King, Pierce, Lewis, and Snohomish Counties. This sentence removes him from the community he damaged with his violent drug trade.”
According to records filed in the case, Fuentes worked as a drug distributor and debt collector for the drug trafficking organization that was connected to the violent CJNG cartel in Mexico. Fuentes also served as a translator for leaders of the drug trafficking group when they could not understand English-speaking coconspirators. During the wiretap, investigators repeatedly heard Fuentes discussing both drug distribution and obtaining firearms for violent debt collection on behalf of the organization.
Baggie of fentanyl pills Handgun in holsterWhen agents moved in on the drug ring they found methamphetamine, heroin, cocaine and fentanyl pills in a residence Fuentes shared with a DTO leader. They also recovered four firearms, ballistic vests and $28,000 in cash.
In asking for a ten-year sentence Assistant United States Attorney Amy Jaquette wrote to the court, “This organization is one of the most violent our District has prosecuted. Given the extent of Fuentes’ involvement in drug distribution and his repeated role in violent debt collection for the conspiracy, a lengthy sentence is needed…. Fuentes also played an integral role in the DTO’s drug distribution – most notably, picking up a shipment of methamphetamine and 7,000 fentanyl pills for redistribution in our District. That quantity of fentanyl pills put innumerable lives at risk.”
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
The investigation was conducted by the U.S. Drug Enforcement Administration’s (DEA) Tacoma Resident Office in partnership with Tahoma Narcotics Enforcement Team (TNET), Kent Police Department, Homeland Security Investigations, SeaTac Police Department, Thurston County Narcotics Team (TNT), the Federal Bureau of Investigation, the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF), and Internal Revenue Service Criminal Investigation (IRS-CI).
The case is being prosecuted by Assistant United States Attorneys Amy Jaquette and C. Andrew Colasurdo.
Cedar Rapids Man Who Was Found with over $135,000 in Drug Money Pleads Guilty to Possessing Meth with Intent to Distribute and Possessing Firearm as a Drug UserRead the Press Release
A man who possessed methamphetamine with intent to distribute it and who possessed a firearm as an unlawful drug user, pled guilty today in federal court in Cedar Rapids.
Joshua Ryan Gorrell, age 37, from Cedar Rapids, Iowa, was convicted of one count of possession of methamphetamine with intent to distribute it within 1,000 feet of a protected location, and one count of possession of a firearm as an unlawful drug user.
In a plea agreement, Gorrell admitted that, on July 22, 2022, he made a 911 call regarding an overdose that occurred at his home in Cedar Rapids. When first responders arrived, they found a deceased overdose victim. Officers searched Gorrell’s home and found $123,038 in U.S. Currency and over two pounds of actual (pure) methamphetamine, 43 grams of fentanyl, 56 grams of a mixture of fentanyl and heroin, 68 grams of marijuana, and 238 grams of THC wax. Officers found some of the drugs and cash in ductwork inside of Gorrell’s home.
Gorrell also admitted in a plea agreement that on August 22, 2022, law enforcement officers searched his home again and found a firearm, $15,253 in U.S. Currency, approximately 28 grams of methamphetamine, and approximately 252 grams of marijuana. Later that day, Gorrell’s urine tested positive for methamphetamine and fentanyl.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Gorrell remains in custody of the United States Marshal pending sentencing.
For possessing methamphetamine with intent to distribute it within 1,000 feet of a protected location, Gorrell faces a mandatory minimum sentence of 10 years’ imprisonment and the following maximum penalties: not more than life imprisonment without the possibility of parole; a fine of not more than $20,000,000; a mandatory special assessment of $100; and a term of supervised release of at least 10 years and up to life. For possessing a firearm as a drug user, Gorrell faces the following maximum penalties: not more than 15 years’ imprisonment without the possibility of parole; a fine of not more than $250,000; a mandatory special assessment of $100; and a term of supervised release of not more than 3 years.
The case was prosecuted by Special Assistant United States Attorney Devra Hake and Assistant United States Attorney Dan Chatham. It was investigated as part of the Northern Iowa Heroin Initiative and the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Cedar Rapids Police Department, United States Drug Enforcement Administration, Iowa Division of Narcotics Enforcement, Marion Police Department, and Linn County Sheriff’s Office.
This case is also 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.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-59.
Follow us on Twitter @USAO_NDIA.
Belleville Woman Sentenced to Prison for Stealing Elderly IdentitiesRead the Press Release
BENTON, Ill. – On Tuesday, November 22, 2022, Ashley McKinney, 39, of Belleville, Illinois, was
sentenced to 54 months in federal prison for Identity Theft, Conspiracy to Commit Bank and Wire
Fraud, and Money Laundering.
According to court documents, for almost a year, Ashley McKinney defrauded elderly women in
southern Illinois with the help of her co-conspirator, Erica Rose. They were true partners in
crime. Rose abused her employment as an in-home caretaker and stole the identities of her elderly
clients. Then she passed the stolen information along to McKinney to attempt to drain their bank
accounts through counterfeit checks and fraudulent purchases. As an example, McKinney tried to buy
a used Tesla online after stealing the identity and savings of an 86-year-old woman from
Belleville, Illinois. When the deal fell through because the Tesla had mechanical problems,
McKinney bought herself a Mercedes Benz instead. After she took possession of the vehicle, the
victim’s bank stopped payment on the counterfeit check and the online car dealer repossessed the
luxury vehicle. The pair were caught after numerous families reported identity theft to police
shortly after Rose was caring for their loved one. In each case, McKinney was found committing
fraud with the identity.Rose was previously sentenced to prison in May 2021.
“While identity theft is always a serious crime, it’s particularly troubling when victims are
elderly,” said United States Attorney Rachelle Crowe. “The crimes in this case went beyond
financial loss. They impacted whole families during already difficult times. We will always
prioritize holding defendants accountable who prey on vulnerable victims.”The investigation was conducted by detectives from the Edwardsville Police Department, Belleville
Police Department, Swansea Police Department, and St. Clair County Sheriff’s Office.
The case is being prosecuted by Assistant United States Attorney Luke J. Weissler.Arizona Man Pleads Guilty to Production of Child PornographyRead the Press Release
NEWPORT NEWS, Va. – A Surprise, Arizona, man pleaded guilty yesterday to production of child sexual abuse material (CSAM).
According to court documents, from summer of 2021 through March 2022, Elliott Velez, 38, used social media platforms to engage in sexually graphic conversations with girls under the age of 18. During these conversations with the victims, Velez would instruct them to engage in sexually explicit conduct, take photos or videos, and send them to him. Velez would give explicit instructions on what he wanted them to do and who he wanted them to do it with, including other underage individuals. Velez would use a recording device on his phone to ensure that he could keep these videos and images without the victim’s knowledge. Velez is an active duty servicemember who was located in Newport News during the time of his conduct.
Velez is scheduled to be sentenced on March 22, 2023. He faces a mandatory minimum of 15 years and a maximum penalty of 30 years in prison per count, not necessarily consecutively. 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 Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after Senior U.S. District Judge Raymond A. Jackson accepted the plea.
Assistant U.S. Attorney Devon Heath is 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
This case was investigated by the FBI’s Norfolk Child Exploitation Task Force (NCETF), as part of Project Safe Childhood. The NCETF is composed of FBI agents and detectives from the Chesapeake Police Department, Hampton Police Division, and Newport News Police Department. Assistance in this matter was also provided by federal agents from Homeland Security Investigations. The task force is charged with investigating and bringing federal charges against individuals engaged in the exploitation of children. Tips regarding child exploitation can be provided to the task force at 1-800-CALL-FBI or tips.fbi.gov.
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. 4:22-cr-28.
Arizona Man Indicted in Federal Court for Interstate Stalking and Harassment of Indianapolis CoupleRead the Press Release
INDIANAPOLIS – Patrick Kearney, 40, of Saddlebrook, Arizona, was indicted by a federal grand jury for interstate stalking, transmitting threats via interstate communications, and making harassing telephone calls to an Indianapolis couple.
As alleged in the indictment, Kearney has engaged in a stalking and harassment campaign targeting a woman who had rejected his pursuit of a romantic relationship while they attended college together in the early 2000s. The victim graduated from college and never saw Kearney again. Beginning in September 2019, nearly twenty years later, Kearney began sending the woman letters and packages through the U.S. mail telling the victim she should have died in the terrorist attacks on September 11, 2001, that she should eat poison, and that she should go to hell. Kearney also repeatedly called the victim at all hours and left profane and insulting voicemails on the victim’s cell phone.
When Kearney learned that his victim was engaged to be married—after finding the victim’s wedding website online—he began harassing and threatening the victim’s husband as well. Between October 2019 and September 2022, Kearney placed approximately 404 phone calls to the victims’ cell phones and left at least 155 voicemails. Kearney sent the victims multiple packages containing insect poison and pornographic material.
On October 12, 2022, Kearney appeared in federal court in Arizona and was then transported to the Southern District of Indiana. Kearney made his initial appearance in federal court in the Southern District of Indiana on November 17, 2022. On November 23, 2022, Kearney was remanded to the custody of the U.S. Marshals Service.
If convicted on all nine counts alleged in the indictment, Kearney faces a maximum penalty of five years imprisonment on each of the first three counts, and a maximum penalty of up to two years imprisonment on each of counts four through nine, a $250,000 fine, and up to three years of supervised release following any prison term.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, and Rodney Hopkins, Inspector of Charge of the U.S. Postal Inspection Service’s Detroit Division, made the announcement.
U.S. Attorney Myers thanked Assistant United States Attorney Kelsey L. Massa, who is prosecuting this 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.
Ambulance Company Settles Allegations of Billing Medicare for Unnecessary, Non-Emergency Ambulance TransportationRead the Press Release
Fairview Heights, Ill. – HealthOne Critical Care Transport Service, Inc. d/b/a MedicOne Medical
Response (“MedicOne”) of Marion, Illinois, has agreed to pay $302,124.37 in a civil settlement
agreement resolving allegations the company improperly billed Medicare for scheduled, non-
emergency ambulance transportation.The government alleges MedicOne’s former location in Mount Vernon, Illinois, routinely billed
Medicare for non-emergency ambulance transports to regularly scheduled dialysis treatments when the
services did not meet Medicare requirements. MedicOne typically picked up patients at their
residences or nursing homes and transported the patients to and from dialysis treatment three times
per week, sometimes for years. The government alleges many of MedicOne’s non-emergency ambulance
transports did not meet Medicare requirements for coverage because the services were not medically
necessary, particularly when the patients safely rode in other forms of transportation – such as
personal vehicles, medical transport cars, and wheelchair vans – to medical appointments and social
outings.The Medicare program paid MedicOne hundreds of dollars per round-trip ambulance transport taking
patients to dialysis treatments. To resolve the allegations, MedicOne will pay the United States
$302,124.37 for claims submitted to Medicare between April 2016 and January 2020.“Billing for unnecessary ambulance transports wastes taxpayer dollars and drains critical funds
from the Medicare program,” said U.S. Attorney Rachelle Aud Crowe. “Our office is committed to
protecting the integrity of federal health care programs.”“Health care providers that bill Medicare for medically unnecessary services improperly divert
funds needed to care for beneficiaries while increasing the financial burden on taxpayers,” stated
Special Agent in Charge Curt L. Muller of the Department of Health and Human Services Office of
Inspector General (HHS-OIG). “Along with our law enforcement partners, we will continue to
investigate health care schemes to protect the integrity of federal health care programs.”“Public health insurance programs, such as Medicare, can incur significant financial loss when
their programs are exploited. Those losses cost the government and ultimately impact every American
– contributing to the rising cost of health care for everyone,” said Federal Bureau of
Investigation (FBI) Springfield Special Agent in Charge David Nanz. “This settlement is a result of
the FBI’s commitment to work with our federal and state partners to ensure that federally funded
health care programs are not abused by providers.”This matter was investigated by HHS-OIG, the FBI, and the Illinois tate Police Medicaid Fraud
Control Unit in response to a hotline complaint submitted to HHS-OIG. Assistant U.S. Attorney Laura
Barke prosecuted the case.
Anyone who suspects health care fraud, waste, or abuse is encouraged to report it by calling 1-800-
HHS-TIPS or visiting https://oig.hhs.gov/fraud/report-fraud/.The claims resolved by the settlement are allegations only, and there has been no determination of
liability.Albuquerque defendant back in court after absconding while on pre-trial releaseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that a federal court has revoked the conditions of pre-trial release for Jason Smeltzer, 40, of Albuquerque.
Smeltzer originally was arrested for and charged with five bank robberies. From Jan. 20 to Feb. 23, Smeltzer allegedly robbed four Albuquerque banks, one of which was robbed twice. On Jan. 21, the FBI received a tip through the National Threat Operation Center identifying Smeltzer as a possible suspect. Smeltzer was taken into custody on Feb. 23. A federal grand jury indicted Smeltzer on April 12.
Smeltzer was conditionally released to La Pasada Halfway House pending trial. Among the conditions of his release was his submission to location monitoring by a GPS device. However, on May 6, Smeltzer removed his GPS device and absconded from La Pasada. He was arrested on Nov. 18.
A defendant is presumed innocent unless and until proven guilty. If convicted, Smeltzer faces up to 20 years in prison.
The FBI Albuquerque Violent Crimes and Gangs Task Force investigated this case. Assistant United States Attorneys Matthew Nelson and Niki Tapia-Brito are prosecuting the case.
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Tuesday 22 November 2022
Woodbury Felon Arrested, Charged with Illegal Possession of FirearmRead the Press Release
MINNEAPOLIS – A federal criminal complaint has been filed against a Woodbury man charging him with illegal possession of a firearm, announced U.S. Attorney Andrew M. Luger.
According to court documents and a law enforcement affidavit, on October 18, 2022, law enforcement observed what appeared to be a narcotics transaction between Jason Steven Kearns, 38, and the occupant of a vehicle parked outside of Kearns’s Woodbury residence. Law enforcement initiated a traffic stop of the vehicle, searched it, and found approximately one half-pound of methamphetamine. Following the traffic stop, law enforcement obtained and executed a search warrant at Kearns’s home. As officers approached the residence, Kearns fled on a motorcycle, carrying what appeared to be a package of methamphetamine in his jacket. Officers attempted to stop Kearns, but he was able to escape. Law enforcement recovered three firearms from the residence.
On November 14, 2022, law enforcement encountered Kearns in the driver’s seat of a truck outside of a restaurant in Woodbury. The officers called for backup and two Woodbury Police squad vehicles arrived and attempted to stop Kearns by activating their lights. One squad vehicle stopped in front of Kearns’s truck and the other approached from the side. Kearns accelerated his truck forward, ramming the police vehicle head-on. Kearns reversed his truck and drove into a curb and was pinned by the two police vehicles. Kearns exited his vehicle and ran from officers on foot to a parking lot across the street. Officers saw that Kearns had his right hand on what appeared to be a semiautomatic pistol. Officers drew their firearms and issued multiple commands to Kearns to drop his firearm. Kearns continued walking through the parking lot and then stopped and knelt down, still refusing to drop the firearm. Kearns stated to officers that he had a firearm in his hand. Eventually, Kearns dropped the firearm and surrendered and was taken into custody. The firearm, a Smith & Wesson 9mm semiautomatic pistol, was loaded with a round chambered and 11 rounds in the magazine. Kearns was also carrying a large knife on his person. After searching Kearns’s truck, officers recovered quantities of methamphetamine, hypodermic needles, and a digital scale.
Because Kearns has multiple prior felony convictions including assault and armed robberies, he is prohibited under federal law from possessing firearms or ammunition at any time.
Kearns is charged with one count of possession of firearms as a felon. He made his initial appearance earlier today in U.S. District Court before Magistrate Judge Tony N. Leung. He was ordered to remain in custody pending a formal detention hearing on November 28, 2022.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Washington County Drug Task Force, and the Woodbury Police Department.
Assistant U.S. Attorneys Emily A. Polachek and Thomas Calhoun-Lopez are prosecuting the case.
A complaint is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
West Falls Man Going to Prison for Child ExploitationRead 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 Nicholas Turnquist, 36, of West Falls, NY, who was convicted of transportation and attempted transportation of a minor with the intent to engage in criminal sexual activity, was sentenced to serve 156 months in prison and 15 years supervised release by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorneys Maeve E. Huggins, Paul E. Bonanno, and Jonathan P. Cantil, who handled the case, stated that beginning in 2012, and for several years after, Turnquist sexually abused a minor female victim (Victim) who was known to Turnquist. The sexual abuse occurred in New York State and in other states, including Pennsylvania, and in Canada. For example, on December 23, 2014, Turnquist transported the Victim, a then 16-year-old minor female, from New York to Pennsylvania, to engage in sexual activity.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the East Aurora Police Department, under the direction of Chief Shane Krieger, and the Wyoming County Sheriff’s Office, under the direction of Sheriff Gregory Rudolph.
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Waterbury Man on Supervised Release Charged with Gun Possession and Drug Distribution OffensesRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that a federal grand jury in New Haven has returned a three-count indictment charging RAEKWON OVERSTREET, 27, of Waterbury, with firearm possession and drug distribution offenses.
The indictment was returned on October 26, 2022. Overstreet appeared today before U.S. Magistrate Judge Robert M. Spector in New Haven and entered a plea of not guilty. He has been detained since his arrest on related state charges on October 5, 2022.
The indictment alleges that on October 5, 2022, Overstreet possessed a loaded Taurus 9mm handgun and distribution quantities of heroin, fentanyl and crack cocaine.
It is further alleged that Overstreet’s criminal history includes a state conviction for conspiracy to commit robbery in the first degree, and a federal conviction for unlawful possession of a firearm by a felon. On February 4, 2020, Overstreet was sentenced in New Haven federal court to 30 months of imprisonment and three years of supervised release for the firearm offense. He was released from federal prison on June 24, 2022.
The indictment charges Overstreet with one count of unlawful possession of a firearm by a felon, which carries a maximum term of imprisonment of 15 years; one count of possession with intent to distribute controlled substances, which carries a maximum term of imprisonment of 20 years; and one count of possession of a firearm in furtherance of a drug trafficking crime, which carries a mandatory consecutive sentence of at least five years. Overstreet also faces additional penalties if he is found to have violated the conditions of his federal supervised release.
U.S. Attorney Avery stressed that an indictment is not evidence of guilt. A charge is only an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Waterbury Police Department and Connecticut State Police.
This case is being prosecuted by Assistant U.S. Attorney Natasha Freismuth through 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. In May 2021, the Justice 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.
United States Files Forfeiture Action for Manuscript Signed by Conquistador Hernando Cortés in 1527Read the Press Release
BOSTON – The United States Attorney’s Office for the District of Massachusetts filed a civil forfeiture action today against a manuscript signed by Conquistador Hernando Cortés in 1527, believed to have been unlawfully removed from the Archivo General de la Nación de México – Mexico’s national archives located in Mexico City – sometime before 1993. It is a violation of federal law to transport or receive stolen goods valued at more than $5,000 that have traveled in foreign or interstate commerce.
The manuscript is a payment order signed by Cortés on April 27, 1527 authorizing the purchase of rose sugar for the pharmacy in exchange 12 gold pesos. It is believed to be one of several documents unlawfully removed from a collection of documents concerning a Spanish expedition to Central America in 1527 that is housed in Mexico’s national archives.
According to the civil complaint, earlier this year an individual consigned the Cortés manuscript for online auction at a Massachusetts auction house. Mexican authorities alerted federal authorities that the manuscript being auctioned appeared to have been stolen. In turn, the auction house removed the manuscript from the upcoming auction and the manuscript was recovered.
“As a result of exceptional work by the Asset Recovery Unit in our office and our law enforcement partners, this historic artifact has been recovered. Mexico, like the United States, has national archives and the Cortés manuscript is nearly five centuries old. Our goal in filing today's forfeiture action is to return the manuscript to its rightful owner,” said United States Attorney Rachael S. Rollins.
“Thanks to the hard work of the FBI’s Art Crime Team, with the assistance of the General Archives of Mexico, we were able to track down and authenticate this historic manuscript signed by Conquistador Hernando Cortés in 1527, three decades after it was stolen,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation Boston Division. “The recovery of this national treasure stolen from Mexico and its people not only preserves an important part of Mexico’s history, but reflects the FBI’s ongoing commitment to pursue justice for victims of crime here and abroad. Our investigation into how this priceless artifact ended up in Massachusetts continues, and we look forward to the day when we can return it to the Government of Mexico.”
In 2021, a number of colonial-era documents believed to have been stolen from Mexico’s national archives and placed for auction in the United States were recovered and repatriated to Mexico, including some signed by Cortés.
Anyone with information on stolen art and cultural property are encouraged to contact the FBI at 1-800-CALL FBI (1-800-225-5324). Tips may also be submitted online at https://tips.fbi.gov/.
U.S. Attorney Rollins and FBI SAC Bonavolonta made the announcement today. The civil forfeiture action is being prosecuted by Assistant U.S. Attorney Carol E. Head, Chief of Rollins’ Asset Recovery Unit.
The details contained in the civil forfeiture complaint are allegations.
U.S. Attorney Announces Agreement with New York University to Increase Accessibility of Student Housing FacilitiesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced a voluntary compliance agreement under Title III of the Americans with Disabilities Act (“ADA”) with New York University (“NYU” or the “University”) to increase the accessibility of NYU’s student housing facilities for individuals with disabilities. The agreement covers all of NYU’s student housing facilities in the New York metropolitan area.
Title III of the ADA requires that privately owned places of public accommodation, including colleges and universities, remove physical barriers to access to existing facilities where it is readily achievable to do so, comply with accessibility standards for new construction and alterations, and modify policies and practices where necessary to ensure full and equal enjoyment of services and facilities.
The out-of-court agreement resolves a compliance review during which the U.S. Attorney’s Office identified various aspects of NYU’s student housing facilities that were not in compliance with Title III of the ADA and the ADA Standards for Accessible Design, including violations of the new construction provisions of the ADA and barriers to access to existing facilities.
NYU’s New York-area campuses include student housing facilities in Manhattan, in Brooklyn, and on Long Island for the University’s undergraduate, graduate, and professional schools. The agreement covers a total of more than 4,000 student housing units, which are located within 22 NYU-owned student housing facilities and 10 facilities leased in full or in part by the University.
NYU has agreed to prepare a plan under which it will survey and make alterations to its student housing facilities within five years, update its student housing emergency preparedness plans, and improve the accessibility information related to student housing on its website.
U.S. Attorney Damian Williams said: “The ADA requires colleges and universities to ensure that no individual is discriminated against on the basis of disability in the full and equal enjoyment of their services and facilities. We are pleased that NYU has committed to improving accessibility within the University’s student housing facilities and hope that other colleges and universities will follow suit and increase access to their facilities for individuals with disabilities.”
Under the agreement, NYU will:
- Conduct architectural surveys and seek public comment from the University community and then submit an accessibility plan for review to this Office, outlining how the University will comply with the agreement.
- Ensure that an appropriate number of accessible student housing units (and bathrooms serving those units) are available to students with disabilities and are dispersed throughout the University’s student housing facilities which serve NYU’s (i) general student population, (ii) graduate student population, (iii) Grossman School of Medicine, (iv) Long Island School of Medicine, (v) law school, and (vi) Brooklyn campus.
- Ensure that each student housing facility in which accessible housing units required by the agreement are located has accessible features, including accessible entrances, approaches, bathrooms, and signage; and that an appropriate number of additional housing facilities have an accessible entrance, first floor common area, and bathroom.
- Update its student housing emergency evacuation, sheltering, and shelter-in-place plans for individuals with disabilities after seeking public comment from the University community.
- Update its website to identify accessible entrances, routes, and transportation options for its student housing facilities; identify newly added or renovated accessible features of the student housing facilities; and provide information to assist students and prospective students with disabilities in securing and utilizing accessible housing and housing accommodations at NYU.
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This case is being handled by the Office’s Civil Rights Unit in the Civil Division. Assistant U.S. Attorney Samuel Dolinger is in charge of the case.
Two Maui Men Convicted of Hate Crimes for Racially Motivated Attack on White ManRead the Press Release
After a two-week jury trial, a federal jury in Honolulu, Hawaii, found defendants Kaulana Alo-Kaonohi, 32, and Levi Aki Jr., 33, guilty of a hate crime for their racially motivated attacks on C.K., a white man who was attempting to move into their Native Hawaiian neighborhood of Kahakuloa on Maui.
“This verdict brings justice and vindication to the victim, a man who was assaulted and nearly killed simply based on the color of his skin,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The jury’s verdict – and in fact this whole prosecution – reflects the Department of Justice’s commitment to protecting every person in this country from race-based violence, regardless of the race of the perpetrator or the victim. The law applies equally to everyone.”
“The defendants in this case committed a gruesome attack on the victim because of his race,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI and our law enforcement partners will work to bring to justice anyone who uses threats and violence to intimidate any individual because of racial bias.”
At trial, the evidence showed that C.K., purchased a house in Kahakuloa and decided to move there with his wife and three daughters after his wife was diagnosed with multiple sclerosis and forced to retire. When C.K. arrived in Kahakuloa, he was harassed and threatened by various Kahakuloa residents who told him things like, “This is a Hawaiian village. The only thing coming from the outside is the electricity,” and “You don’t even belong in Hawaii.”
On Feb. 13, 2014, when C.K. was unpacking his belongings with his elderly uncle, the defendants, who had never met C.K. before, stormed onto his property and demanded that he pack his things and leave, threatening to “tie [him] up and drag [him]” and make him “go missing” if he did not comply. When C.K. replied that he owned the house, defendant Alo-Kaonohi dragged his index finger along C.K.’s jaw and told him, “Your skin is the wrong f****** color.” Defendant Aki then picked up a roofing shovel and handed it to defendant Alo-Kaonohi, who struck C.K. in the head with it, opening up a bloody wound on the back of C.K.’s head. Later on, after C.K. had already begun packing up his possessions, the defendants attacked him a second time. During that attack, defendant Aki head butted C.K. and struck him in the face with the shovel a second time, giving C.K. a concussion and causing him to lose consciousness. When he came to, the defendants were kicking him in the side—kicks that broke two of his ribs. During the second attack, one of the defendants said, “no white man is ever going to live here.”
“The jury’s verdict confirms that the rule of law serves to protect all persons in our community from vicious assaults, no matter the color of their skin,” said United States Attorney Clare E. Connors for the District of Hawaii. “When people commit violent crimes against someone out of hatred for the victim’s race, the Department of Justice will ensure they face criminal consequences in a court of law.”
“The FBI is committed in protecting individuals from being harmed based on their race,” said FBI Special Agent in Charge Steven Merrill of the FBI Honolulu Field Office. “This case highlights our work to ensure everyone feels safe in their own community without any fear of retribution or violence regardless of their race. The FBI encourages the public to support law enforcement’s efforts to end hate crimes by contacting the FBI at tips.fbi.gov or by calling 1-800-CALL-FBI.”
Sentencing is set for March 2, 2023. The charge on which they were convicted carries a maximum sentence of ten years of imprisonment. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The FBI Honolulu Field Office conducted the investigation.
Assistant U.S. Attorney Chris Thomas for the District of Hawaii prosecuted the case in partnership with Special Litigation Counsel Christopher J. Perras and Trial Attorney Tara Allison of the Justice Department’s Civil Rights Division.
Two Cape Men Indicted for Illegally Possessing a FirearmRead the Press Release
BOSTON – Two Hyannis men have been indicted for being felons in possession of a firearm.
Donnell Pina, 50, and Ryan Diefenbach, 31, were indicted on one count each of being a felon in possession of a firearm. The defendants were detained following an initial appearance in federal court in Boston on Nov. 17, 2022 before U.S. District Court Magistrate Judge Jennifer C. Boal. Diefenbach was remanded to federal custody following a detention hearing this afternoon.
According to the indictment, in September 2021, Pina and Diefenbach possessed a Chinese SKS .762 caliber rifle. Due to multiple previous felony convictions for heroin trafficking in 2007, 2013 and 2014, Pina is considered an armed career criminal prohibited from possessing firearms. Diefenbach is also prohibited from possessing firearms due to previous felony convictions.
The charge of being a felon in possession provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Due to Pina’s status as an armed career criminal, he faces a mandatory minimum of 15 years and up to life in prison. 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 James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. Assistant United States Attorney Evan Gotlob of Rollins’ Major Crimes Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Twin Brothers Plead Guilty to Illegal Possession of a Firearm, AmmunitionRead the Press Release
MINNEAPOLIS –Twin brothers Quantez Demarco Ward and Cortez Demario Ward, age 19, have pleaded guilty to illegal possession of a firearm and illegal possession of ammunition, respectively, announced United States Attorney Andrew M. Luger.
According to court documents, in January of 2022, the brothers were both charged in Hennepin County District Court for possession of machineguns after they were caught in possession of firearms that had each been modified with auto sears. An auto sear, also known as a switch, is a device used to convert a semi-automatic firearm into a fully automatic firearm and is considered a machinegun under federal law. In May, both Cortez and Quantez Ward pleaded guilty to their Hennepin County charges and were released on terms of probation.
On May 6, 2022, the brothers were pulled over by the Maple Grove police department. During that traffic stop, Cortez Ward was in possession of a Polymer 80 pistol with an extended magazine loaded with 19 rounds of ammunition on his person. On July 19, 2022, law enforcement executed a federal arrest warrant at the Ward brothers’ residence. Inside, law enforcement found multiple firearms, including a 9mm Ruger rifle, a H&K .22 caliber rifle and a Pioneer 7.26 mm Pistol.
Yesterday, Quantez Ward pleaded guilty in U.S. District Court before Chief Judge Patrick J. Schiltz to one count of possession of a firearm as a felon related to the firearms recovered on July 19, 2022. On October 25, 2022, Cortez Ward pleaded guilty in U.S. District Court before Senior Judge David S. Doty to one count of possession of ammunition as a felon arising from the May 6, 2022, traffic stop. Sentencing dates will be scheduled at a later time.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Minneapolis Police Department, and the Maple Grove Police Department.
These cases are being prosecuted by Assistant U.S. Attorney Lindsey Middlecamp.
Troy Felon Charged with Illegally Possessing AmmunitionRead the Press Release
ALBANY, NEW YORK – Derbie Michel, age 31, of Troy, New York, was charged by indictment today with illegally possessing ammunition as a convicted felon.
The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
According to the indictment and other court filings, Michel, a convicted felon, threw five rounds of ammunition from a car while being pursued by members of the Troy Police Department on October 15, 2022. Michel also threw a privately made firearm, or “ghost gun,” from the car during the same pursuit. The charges in the indictment and complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Michel was previously charged by criminal complaint and appeared yesterday before United States Magistrate Judge Christian F. Hummel, who ordered Michel detained pending trial.
The charge against Michel carries a maximum sentence of 15 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case is being investigated by the FBI’s Capital District Safe Streets Gang Task Force, which includes FBI Special Agents and members of state and local law enforcement agencies, including the Troy Police Department, and is being prosecuted by Assistant U.S. Attorneys Allen J. Vickey and Joshua R. Rosenthal. The U.S. Marshals Service provided valuable assistance with the defendant’s apprehension in this case.