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16 December 2022
Two Mexican Nationals Residing in Stockton and Sacramento Charged with Trafficking 260 Pounds of MethamphetamineRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a seven-count indictment yesterday against two defendants, charging them with drug trafficking offenses, U.S. Attorney Phillip A. Talbert announced.
Felix Ortiz-Plata, 41, a Mexican national residing in Stockton, is charged with one count of conspiracy to distribute and possession with intent to distribute methamphetamine, five counts of distribution of methamphetamine, and one count of possession with intent to distribute methamphetamine.
Anuar Castaneda Ortiz, 26, a Mexican national residing in Sacramento, is charged with one count of conspiracy to distribute and possession with intent to distribute methamphetamine, two counts of distribution of methamphetamine, and one count of possession with intent to distribute methamphetamine.
According to court documents, between August 22, 2022, and December 5, 2022, Ortiz-Plata and Castaneda Ortiz conspired with one another to sell methamphetamine to a DEA confidential source. On Dec. 5, 2022, California Highway Patrol officers conducted a traffic stop on Castaneda Ortiz’s vehicle. During a subsequent search, officers located over 260 pounds of crystal methamphetamine packaged in 90 plastic bags in the backseat and trunk of the vehicle.
This case is the product of an investigation by the Drug Enforcement Administration, the U.S. Forest Service, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, the Bureau of Land Management, and the California Highway Patrol. Assistant U.S. Attorney Alstyn Bennett is prosecuting the case.
If convicted, Ortiz-Plata and Castaneda Ortiz face a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
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 U.S. Department of Justice 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.
Two Men Sentenced to Federal Prison in $30 Million Pyramid SchemeRead the Press Release
Owensboro, KY – Richard G. Maike was sentenced this week to 10 years in prison for running a pyramid scheme in 2013 and 2014. Doyce G. Barnes was sentenced today to 4 years in prison for his role in the pyramid scheme. The defendants were convicted after a federal jury trial that started in Owensboro, Kentucky on July 12, 2022, and concluded with the jury’s verdict on September 7, 2022, after four hours of deliberation.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office, and Special Agent in Charge Bryant Jackson of the IRS Criminal Investigation, Cincinnati Field Office, made the announcement.
According to court documents and evidence presented at trial, Richard G. Maike, 55, of Owensboro, Kentucky, and Doyce G. Barnes, 73, of Goldsboro, North Carolina sold positions in Infinity 2 Global, or I2G, purportedly a multi-level marketing company, which the United States proved at trial was operating as a pyramid scheme. Maike and Barnes were also convicted of conspiracy to commit securities fraud in connection with the sale of $5,000 Emperor positions in the company as a form of passive income. Maike was also convicted of money laundering and tax evasion in connection with his use of approximately $3.2 million in I2G funds, some of which were wired to and from an Infinity 2 Global bank account in Hong Kong and used by Maike to purchase 1800 acres of ranch land in Kansas for his personal use. The evidence at trial showed that in approximately 15 months, I2G sold nearly 5,000 of the $5,000 Emperor positions generating, along with other lower-priced positions, over $30 million in revenue, much of which went out in the form of commissions to the promoters at the top of the pyramid structure. Commissions were generated based on recruitment of new members into the company. Over 90% of the people who bought a membership in I2G lost money.
In addition to the prison sentence, Maike was ordered to pay a $100,000 fine. Maike and Barnes were each also ordered to serve a 3 term of supervised release after being released from prison. There is no parole in the federal system.
Both Maike and Barnes will be ordered to pay restitution to the victims of their crime. A restitution hearing will be held on February 2, 2023, at 10:00 a.m. C.S.T. in the United States District Court for the Western District of Kentucky in Owensboro, Kentucky. Victims wishing to submit a restitution claim who have not done so already should email the U.S. Attorney’s Office at [email protected].
One co-defendant, Faraday Hosseinipour, also convicted at trial, is scheduled for sentencing before a United States District Judge of the Western District of Kentucky in Owensboro, Kentucky on January 5, 2023. Another co-defendant, Richard Anzalone, previously entered a plea of guilty to the conspiracy to commit securities fraud and testified at trial. Anzalone’s charges were dismissed after he died in October of 2022. Two other co-defendants, Dennis Dvorin and Jason Syn, were severed for trial to be held at a later date. No trial date has been set for Dvorin and Syn.
The FBI and the IRS Criminal Investigation investigated the case.
Assistant U.S. Attorneys Madison Sewell and Marisa Ford are prosecuting the case with the assistance of paralegal Cristy Crocket. Assistant U.S. Attorney Amy Sullivan is handling the asset forfeiture components of the case, and Assistant U.S. Attorney Erin Bravo is handling the restitution components of the case.
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Two Idaho Men Sentenced to Prison for Crimes Against Federal OfficersRead the Press Release
POCATELLO and BOISE – Walter High Eagle, 51, of Fort Hall, and John Roger March, 60, of Boise, were each sentenced this week in U.S. District Court for separate crimes against federal officers, U.S. Attorney Josh Hurwit announced today.
Eagle was sentenced to 144 months in federal prison for assault on an officer and for the use of a firearm in furtherance of a violent crime. According to court records, on July 17, 2020, Fort Hall Police and special agents from the Federal Bureau of Investigation had information that Eagle, a convicted felon, was unlawfully in possession of a firearm. Law enforcement sought and obtained a search warrant for Eagle’s residence on the Fort Hall Indian Reservation so they could enter to find the gun. As officers called out “police” and entered Eagle’s residence on the ground level floor, Eagle, on an upper level, began yelling down the stairs at the officers, stating that he had a gun and would shoot. Officers were at the bottom of the stairs and Eagle was standing in close proximity, nearly straight above them at the top of the stairs. Eagle told the officers to leave. They responded by asking him to come outside, and Eagle fired the gun. He then stated that he would shoot officers on the first level through the floor of the second level, where Eagle was located. One of the officers who Eagle shot at was a detective with the Fort Hall Police Department, who, under federal law, is a federal officer while engaged in the performance of her detective duties.
Some hours later, an FBI SWAT team arrived. As the team began to launch tear gas into Eagle’s residence to get him out of the house, Eagle fired a shot at the FBI armored vehicle, nearly striking an FBI Special Agent who was standing near the vehicle.
Eagle admitted knowingly and intentionally assaulting the detective and the agent by firing his gun. On February 16, 2022, Eagle pleaded guilty to the two charges of assault on an officer and to the separate crime of using the firearm while assaulting the officers.
Senior U.S. District Judge B. Lynn Winmill sentenced Eagle to 24 months in federal prison for each of the assault convictions and ten additional years in federal prison for using the firearm in furtherance of the assault. Judge Winmill also ordered Eagle to serve three years of supervised release after he completes his prison sentence.
“The increase in assaults on federal law enforcement officers—and law enforcement in general—is disturbing and will not be tolerated,” said U.S. Attorney Hurwit. “We will continue to send to prison those who commit crimes against the brave men and women who dedicate themselves to protecting our communities.”
March was sentenced to 37 months in federal prison for threatening a federal officer. According to court records, on January 20, 2021, March stole a rug from a post office in Boise. The next day, three postal inspectors from the United States Postal Inspection Service and a Boise Police officer went to March’s residence in Boise to question him about the theft. March became hostile with law enforcement.
A few moments later, a postal inspector observed March turn his vehicle around and drive back towards the postal inspector. March continued towards the postal inspector until March’s right-side mirror collided with the postal inspector’s government vehicle. Officers arrested March for assault.
The following day, March made a threatening telephone call from the Ada County Jail with intent to impede, intimidate, and interfere with the postal inspector’s performance of his official duties. Specifically, during the call, March made threatening statements against the postal inspector.
March was sentenced to 37 months in federal prison by Chief U.S. District Judge David C. Nye. Judge Nye also ordered March to serve three years of supervised release after he completes his prison sentence.
U.S. Attorney Hurwit credited the cooperative efforts of the FBI and Fort Hall Police Department, as well as the Boise Police Department and the United States Postal Inspection Service, for their work on these respective cases.
The U.S. Attorney’s Office for the District of Idaho is committed to prosecuting those who harm or threaten to harm law enforcement and public officials. Additional recent cases involving threats to public servants prosecuted by the U.S. Attorney’s Office for the District of Idaho are linked below:
Twin Falls Man Sentenced for Threatening to Kill a Prosecutor
Middleton Man Sentenced for Threatening an FBI Agent
Nampa Man Pleads Guilty to Federal Firearms Violation
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Two Charged with Submitting Fake COVID-19 Testing ClaimsRead the Press Release
Two individuals were charged with submitting fraudulent COVID-19 testing claims to multiple insurance agencies, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Terrance Barnard, 39, and Connie Jo Clampitt, 51, the owners of several alleged fake diagnostic laboratories, were indicted on Dec. 5 on one count each of conspiracy to commit healthcare fraud, ten counts each of healthcare fraud, seven counts each of aggravated identity theft, and one count each of conspiracy to commit money laundering. The defendants were arrested Thursday and made their initial appearances Friday morning.
“The COVID-19 pandemic has presented the most challenging circumstances our healthcare providers and insurers have faced in generations. Schemes to financially exploit the system when providers and insurers are facing these monumental challenges must be dismantled, and those responsible must be held to account,” said U.S. Attorney Leigha Simonton.
According to court documents, the pair allegedly received more than $7 million for fraudulent COVID-19 testing claims from Blue Cross Blue Shield of Texas, Cigna, United Healthcare, Aetna, Humana, and Molina Health Care.
Mr. Barnard allegedly used his position as a contract lab technician at various medical clinics to surreptitiously obtain patient names, addresses, dates of birth, and insurance subscriber information.
He and Ms. Clampitt then allegedly represented to the patients’ insurers that they had COVID-19 testing performed at sophisticated diagnostic laboratories, when no such testing was performed and no such labs existed.
They also allegedly opened bank accounts for their purported labs (TC Diagnostics, ME Diagnostics, and Rhine Enterprises dba PHR Diagnostics), deposited fraudulently-obtained reimbursement checks into those accounts, and then transferred the proceeds into personal bank accounts. They allegedly used the fraudulently-obtained funds to purchase real estate and luxury vehicles.
During the course of the investigation, law enforcement seized more than $1.5 million.
An indictment is merely an allegation of criminal conduct, not evidence. Mr. Barnard and Ms. Clampitt are presumed innocent until proven guilty in a court of law.
If convicted, they face up to up to ten years in federal prison for each count of health care fraud, conspiracy to commit health care fraud, and conspiracy to commit money laundering, and up to two years in federal prison for each count of aggravated identity theft. They will also be required to forfeit any proceeds or property traceable to the commission of the offenses of which they’re convicted.
The Dallas Regional Office of the United States Department of Labor – Employee Benefits Security Administration, the Dallas office of the Department of Labor – Office of Inspector General, the Texas Department of Insurance Fraud Unit's Fort Worth Field Office, and the Federal Bureau of Investigation's Dallas Field Office conducted the investigation. Assistant U.S. Attorney Renee Hunter is prosecuting the case; Assistant U.S. Attorney Dimitri Rocha is helping handle the forfeiture.
Truck Driver Sentenced to 37 Years in Prison for Sex Trafficking a Minor Victim and Producing Videos of the AbuseRead the Press Release
PITTSBURGH, PA - A former resident of Hammond, Indiana, has been sentenced in federal court to 444 months in prison followed by lifetime supervision on his conviction of sex trafficking a minor and production of material depicting the sexual exploitation of a minor, United States Attorney Cindy K. Chung announced today.
United States District Judge Christy Criswell Wiegand imposed the sentence on Roderick King, 33, formerly of the suburbs of Chicago, Illinois.
According to information presented at trial and to the Court, the Minor Victim was just 14 years-old when King, an over-the-road truck driver, first paid her to have sex in the back of his semi-truck. He initially enticed the Minor Victim by offering to give her cash to “hang out” though his true interest was sexual abuse of the child.
Over a three-year period, King paid the Minor Victim hundreds of dollars in cash for sex on approximately 10 occasions and produced two videos of his sexual exploitation of the Minor Victim. In addition to paying the Minor Victim, King bought her shoes, clothes, and other items that teenage girls wanted, engaging in what is known as “grooming” behavior. King maintained control over the Minor Victim, when he was away from her, by using his social media accounts.
In imposing the sentence, the Court called King’s conduct “extraordinarily serious” and noted that of the “many disturbing facts” of the case, one of the most disturbing was King’s “lack of remorse.”
Assistant United States Attorney’s Rebecca L. Silinski and Jeffery R. Bengel prosecuted this case on behalf of the government.
“This defendant will spend the next 37 years in prison for preying upon, exploiting and abusing a vulnerable young girl for his own sexual gratification,” said U.S. Attorney Chung. “This sentence sends a clear message that predatory crimes, such as child sex trafficking and exploitation offenses, will continue to be vigorously prosecuted by this office.”
U.S. Attorney Chung further praised the work of local, state and federal law enforcement involved in this investigation, which began in 2017 by the Butler Township Police Department and was reopened federally, in 2020, by special agents with the Department of Homeland Security Investigations, Human Trafficking and Child Exploitation Group, and special agents with the Pennsylvania Office of the Attorney General Child Predator Section after the Minor Victim reported King’s conduct to law enforcement. Federal investigators were further assisted by the Butler Township Police Department, Butler City Police Department, Butler City School District, and Butler County Children and Youth Services.
The charges for which King has been sentenced concern a specific victim. Members of the public who may have additional information about King’s or other perpetrators’ involvement in sex trafficking and child exploitation are encouraged to call HSI’s tip-line at 866-347-2423.
This prosecution is part of Operation T.E.N. (Trafficking Ends Now), an umbrella coalition for law enforcement, community, and non-profit partners in the 25 counties in the Western District of Pennsylvania, formed and led by the United States Attorney’s Office for the Western District of Pennsylvania. Asst. U.S. Attorney Rebecca Silinski serves as the Human Trafficking Coordinator for the U.S. Attorney’s Office and oversees Operation T.E.N. and community outreach. This coordinated effort aims to end human trafficking through education and improved cooperation among law enforcement partners, victim service providers and community members, thereby enhancing the Office’s ability to empower victims of human trafficking to become thriving survivors.
Three MS-13 Gang Members Convicted of Racketeering Conspiracy Involving a Murder in MarylandRead the Press Release
Baltimore, Maryland – A federal jury convicted Jose Domingo Ordonez-Zometa, a/k/a “Felon,” age 33, of Landover Hills, Maryland; Jose Rafael Ortega-Ayala, a/k/a Impaciente,” age 30, of Greenbelt, Maryland; and Jose Henry Hernandez-Garcia, a/k/a “Paciente,” age 29, of Annandale, Virginia, for racketeering and murder in aid of racketeering conspiracies, for committing murder in aid of racketeering, and for conspiracy to destroy and conceal evidence connected to their participation in La Mara Salvatrucha, a transnational criminal enterprise also known as MS-13.
The convictions were announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Wayne Jacobs of the Federal Bureau of Investigation - Washington Field Office Criminal Division; Special Agent in Charge James C. Harris of Homeland Security Investigations, Baltimore Office; Stafford County Sheriff David P. Decatur; Chief Malik Aziz of the Prince George’s County Police Department; and Chief Kevin Davis of the Fairfax County Police Department.
MS-13, one of the largest street gangs in the United States, is a national and international gang composed primarily of immigrants or descendants from El Salvador and other central American countries. Branches or “cliques” of MS-13, operate throughout the United States, including in Maryland, Virginia, and Washington, D.C. The defendants were members and associates of the Los Ghettos Criminales Salvatruchas (“LGCS” or “Ghettos”) clique of MS-13.
The evidence at the two-week trial established that between August 2018 and April 2019, the defendants participated in the MS-13 criminal enterprise by engaging in acts of violence, including murder, the destruction of evidence, and witness tampering, among other crimes. The criminal acts were committed by gang members to increase MS-13’s power in the Washington, D.C. metropolitan area, including Maryland and Virginia.
At all times of this conspiracy, members of MS-13 were expected to protect the name, reputation, and status of the gang from rival gang members and other persons. To protect the gang and to enhance its reputation, MS-13 members were expected to use any means necessary to force respect from those who showed disrespect, including acts of intimidation and violence. MS-13 had mottos consistent with its rules, beliefs, expectations and reputation including “mata, viola, controla,” which translates as, “kill, rape, control,” and “ver, oir y callar,” which means, “see nothing, hear nothing and say nothing.” One of the principal rules of MS-13 is that its members must attack and kill rivals, often referred to as “chavalas,” whenever possible.
MS-13 members are required to commit acts of violence both to maintain membership and discipline within the gang, as well as against rival gang members. Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increases the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang, and opens the door to promotion to a leadership position.
As detailed during the trial, Ordonez-Zometa was the leader of the LGCS clique. Ordonez-Zometa called a meeting of the LGCS clique at his house on March 8, 2019, to discuss clique matters, including recent contacts that an LGCS clique member (Victim 1) had with the police. The defendants, Victim 1, and other MS-13 members participated in the meeting, during which Ordonez-Zometa questioned Victim 1 about his/her cooperation with police.
During the questioning, the defendants and at least one other MS-13 member assaulted Victim 1, based on their incorrect suspicions that Victim 1 was cooperating with law enforcement. They also assaulted another MS-13 member who attempted to defend Victim 1. The assault culminated with Ordonez-Zometa, as LGCS clique leader, ordering that Victim 1 be killed. Ortega-Ayala, Hernandez-Garcia and other MS-13 members then stabbed and murdered Victim 1 in Ordonez-Zometa’s basement.
According to trial testimony, after the murder, Ordonez-Zometa ordered Ortega-Ayala, Hernandez-Garcia, and other LGCS clique members and co-conspirators, to conceal and destroy evidence of the murder. Ortega-Ayala and other MS-13 members transported the body of the victim to a secluded location in Stafford County, Virginia, and set the victim’s body on fire, then destroyed and concealed evidence of the murder from the vehicle used to transport the victim. Meanwhile, Ordonez-Zometa, Hernandez-Garcia, and another MS-13 member stayed at the crime scene and attempted to remove, destroy, and conceal evidence of the murder, including the blood of Victim 1.
The three defendants each face a mandatory sentence of life in prison. U.S. District Judge Paula Xinis has not yet scheduled a sentencing date for the defendants.
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. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.
United States Attorney Erek L. Barron and Assistant Attorney General Kenneth A. Polite, Jr. commended the FBI, HSI, the Stafford County Sheriff’s Office, the Prince George’s County Police Department, and the Fairfax County Police Department for their work in the investigation and thanked the Prince George’s County State’s Attorney’s Office for its assistance. Mr. Barron and Mr. Polite thanked Assistant U.S. Attorney Michael Morgan, Special Assistant U.S. Attorney Jared Engelking, and Trial Attorney Matthew Hoff of the Justice Department’s Criminal Division Organized Crime and Gang Section, who are prosecuting this case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Three Former Toledo City Council Members Plead Guilty to Conspiracy and Bribery ChargesRead the Press Release
TOLEDO - Three former Toledo City Council members pleaded guilty today to accepting bribery payments during their time in office in return for their support and votes on legislative matters.
Tyrone Riley and Larry Sykes both pleaded guilty to one count of Hobbs Act extortion under color of official right, and Yvonne Harper pleaded guilty to one count of Hobbs Act conspiracy.
Garrick Johnson was also charged in this matter and is scheduled to appear in front of a federal jury on Monday, Jan. 9, 2023.
According to court documents, on multiple occasions from May 2018 through February 2020, Riley, Harper, and Sykes accepted bribery payments in return for their official support and votes on legislative matters as members of the Toledo City Council.
Court documents state that Riley, Harper, and Sykes each accepted cash payments in return for their support and votes on zoning changes and “special use permits” (SUPs) for local businesses.
Court documents show that during this time, Riley accepted more than $5,000 in payments and meals in return for his support on five occasions related to zoning changes and SUPs for businesses. Additionally, on two occasions, Harper accepted more than $5,000 in return for her support of zoning changes and SUPs for businesses. Sykes accepted, on two occasions, approximately $1,500 for his support of SUPs.
Riley, Harper, and Sykes are scheduled to be sentenced in June 2023.
This case was investigated by the Cleveland Division of the FBI, Toledo Resident Agency. This case is being prosecuted by Assistant U.S. Attorneys Michael J. Freeman and Jody L. King.
Texas Man Convicted of Receiving and Possessing Images of Child Sexual AbuseRead the Press Release
A federal jury in Dallas convicted a Texas man today for receiving and possessing images of child sexual abuse.
According to court documents and evidence presented at trial, Andrew Kasnetz, 59, of Dallas, used a peer-to-peer network to download images and videos depicting the sexual abuse of prepubescent children. Law enforcement in Dallas obtained a warrant to search Kasnetz’s residence and discovered Kasnetz actively downloading child sexual abuse material when they entered the home. A search of Kasnetz’s digital devices revealed tens of thousands of images and videos of child sexual abuse material (CSAM).
Kasnetz was convicted of one count of receipt of child pornography and two counts of possession of prepubescent child pornography. He faces a mandatory minimum penalty of five years in prison. A sentencing date has not yet been set. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Leigha Simonton for the Northern District of Texas, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Acting Special Agent in Charge James J. Dwyer of the FBI Dallas Field Office made the announcement.
The FBI Dallas Field Office, Dallas Police Department, and Garland Police Department investigated the case.
Trial Attorney Eduardo Palomo of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Abe McGlothin and former Assistant U.S. Attorney Shane Read for the Northern District of Texas are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Taunton Man Pleads Guilty to Illegally Dealing FirearmsRead the Press Release
BOSTON – A Taunton man pleaded guilty yesterday in federal court in Boston to dealing firearms without license, including “ghost guns.”
William Viera, 33, pleaded guilty to dealing in firearms without a license. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for March 9, 2023. Viera was arrested and charged on April 18, 2022.
“Ghost guns are even more dangerous than firearms assembled by a licensed manufacturer. Although each are deadly and can kill someone, the PMF rarely has a serial number and is virtually untraceable. Often, people use them in an attempt to hide their criminal activity because the origin and use of the firearm is unknown,” said United States Attorney Rachael S. Rollins.
“Prohibited persons who not only have direct access to firearms, but illegally manufacture firearms for other prohibited individuals is a significant threat to our community,” said James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division. “ATF is committed to identifying these individuals and bringing them to justice.”
Beginning in or around April 2022, Viera was identified as an illegal firearms dealer and ghost gun manufacturer. “Ghost guns,” or privately made firearms (PMFs), are firearms assembled or otherwise produced by a person other than a licensed manufacturer, often without a serial number. In April 2022, through the use of a cooperating witness, Viera was contacted about available firearms. During his communications, Viera stated he could manufacture PMFs, including a Glock-style PMF and an AR platform rifle or pistol receiver. Viera also made completed firearms from unfinished firearms kits and sold the completed firearms to other individuals. The cooperating witness subsequently met with Viera at his residence on multiple occasions, where Viera was observed in possession of a Glock-style PMF. Between July 15, 2022, and Aug. 8, 2022, Viera sold three Glock style PMFs and ammunition to the cooperating witness during three separate controlled purchases. Additionally, a search of Viera’s residence on Aug. 18, 2022, resulted in the recovery of one commercially manufactured AR platform firearm and two finished PMFs, as well as ammunition and parts and tools used for firearm making, among other things.
Viera does not possess a federal firearms license and is prohibited from possessing any firearms or ammunition due to prior felony convictions, including a 2012 conviction in Bristol County of armed robbery for which he was sentenced to two to five years in prison.
The charge of dealing in firearms without a license provides for a sentence of up to 5 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.
U.S. Attorney Rollins and ATF SAC Ferguson made the announcement. Valuable assistance was provided by the Taunton Police Department. Assistant U.S. Attorney Charles Dell’Anno of Rollins’ Major Crimes Unit is prosecuting the case.
South Georgia Man with Violent Criminal Past Sentenced to Maximum Prison Term for Possessing Numerous Stolen GunsRead the Press Release
ALBANY, Ga. – A South Georgia resident with a violent criminal history found in possession of numerous stolen firearms and who released his dog to attack deputies before he fled arrest was sentenced to the maximum prison term allowed under law.
James Currin, 45, of Bainbridge, Georgia, was sentenced to serve 120 months in prison to be followed by three years of supervised release by U.S. District Judge Leslie Gardner on Dec. 15 after he previously pleaded guilty to possession of a firearm by a convicted felon. There is no parole in the federal system.
“Repeat offenders with violent criminal histories who broker illegal drugs for stolen guns unquestionably make our communities less safe,” said U.S. Attorney Peter D. Leary. “Decatur County Sheriff’s Office deputies put themselves in harm’s way to locate and arrest this defendant, successfully stopping a firearms trafficker from moving more guns into the hands of criminals.”
“There is no initiative more critical to ATF than increasing the safety of our communities. Cases which result in the arrests and prosecution of violent criminals are fundamental to continuing this initiative while simultaneously showing criminals that ATF and its law enforcement partners will not falter in this mission,” said ATF Assistant Special Agent in Charge Alicia Jones. “We will pursue violent criminals such as these wherever they may operate and they will be prosecuted to the fullest extent of the law.”
“A maximum 120-month prison sentence in this case was justified; attacking a law enforcement officer should not be tolerated,” said Decatur County Sheriff Wiley Griffin. “I am very thankful for the help of ATF and the U.S. Attorney’s Office. I am satisfied to see justice was served in court, and that a repeat violent offender is off the streets.”
According to court documents, Currin, who is a convicted felon, was under investigation in Sept. 2019 for distribution of methamphetamine and illegal possession of numerous firearms. During this time period, Decatur County deputies were investigating a home burglary involving 20 stolen firearms. On April 1, 2020, deputies learned that the burglary suspect had traded six of the stolen firearms to Currin in exchange for methamphetamine. A search warrant was subsequently executed at Currin’s home. When deputies approached the defendant, who was armed and walking with a pit bull on a leash, Currin released the dog and ran into the woods. The dog attacked an officer while other responding officers ran after Currin but were initially unable to locate him.
During a search of Currin’s home, deputies found a total of 23 long guns and three handguns, as well as methamphetamine. Some of the firearms recovered from Currin’s home were confirmed stolen in the home burglary and some had obliterated or removed serial numbers. Currin was taken into custody on April 7 in possession of a semi-automatic pistol. Currin told investigators that he was planning “to do a suicide by cop.”
Currin has multiple prior felonies, including methamphetamine possession and felony battery-great bodily harm charges in Georgia and Florida. It is illegal for a convicted felon to possession firearms.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was investigated by the Decatur County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Assistant U.S. Attorney Melody Ellis prosecuted the case for the Government.
South Florida Man Convicted of Covid-19 Relief Fraud—Used Money for Lavish PurchasesRead the Press Release
MIAMI — Valesky Barosy, 27, of Ft. Lauderdale, Fla., has been convicted for fraudulent submission of COVID-19 relief loans under the Paycheck Protection Program (PPP).
Barosy submitted dozens of fraudulent PPP loan applications on behalf of himself and his accomplices that sought more than $4.2 million and successfully obtained more than $2 million. In each loan application, Barosy falsified the applicant’s prior year expenses, net profit or payroll, and submitted fraudulent Internal Revenue Service tax forms. Barosy’s fraudulent loan applications, and their accompanying fabricated tax documents, were found on his computer along with text messages soliciting information from prospective clients.
For each loan application, Barosy’s accomplices paid him a 20 to 30 percent kickback that he used to purchase a Lamborghini Huracán EVO, Rolex and Hublot watches, and designer clothing from Louis Vuitton, Gucci, and Chanel. Barosy posted photos on his Instagram account of the Lamborghini and watches, detailing his success as an entrepreneur. But his greatest success, according to one text message, was his ability to “max out ppp. I do them very good,” he boasted.
Barosy was convicted by a jury on five counts of wire fraud, three counts of money laundering, and aggravated identity theft. Sentencing is set for February 23, 2023. He is facing at least two years and up to 132 years in prison, as well as restitution and forfeiture of the loan proceeds.
Juan Antonio Gonzalez, U.S. Attorney for the Southern District of Florida, and Special Agent in Charge Brian Swain, U.S. Secret Service (USSS), Miami Field Office, made the announcement.
USSS, Miami Field Office, investigated the case. Assistant U.S. Attorneys Jonathan Bailyn and Joseph Egozi are prosecuting it. Assistant U.S. Attorney Nicole Grosnoff is handling asset forfeiture.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through PPP. In April 2020 Congress authorized over $300 billion in additional PPP funding.
PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1%. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. PPP allows the interest and principal on the loan to be forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses at least a certain percentage of the PPP loan proceeds on payroll expenses.
On September 15, 2022, the Attorney General selected the Southern District of Florida’s U.S. Attorney’s Office to head one of three national COVID-19 Fraud Strike Force Teams. The Department of Justice established the Strike Force to enhance existing efforts to combat and prevent COVID-19 related financial fraud. For more information on the department’s response to the pandemic, please click here.
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 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.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 21-cr-60345.
Six Individuals Charged in Multimillion-Dollar Transnational Tech Support Scam Targeting Tens of Thousands of U.S. VictimsRead the Press Release
NEWARK, N.J. – Five men were charged in an indictment and a New Jersey woman pleaded guilty in connection with a transnational technical support scam that targeted more than 20,000 victims, many of whom were elderly, in the United States and Canada, U.S. Attorney Philip R. Sellinger announced today.
Gagan Lamba, 41, and Harshad Madaan, 34, both of New Delhi, India; Jayant Bhatia, 33, of Ontario, Canada, and Vikash Gupta, 33, of Faridabad, India, are all charged by indictment with conspiracy to commit wire fraud, conspiracy to commit computer fraud, and substantive violations of wire fraud and computer fraud. Lamba, Madaan, Bhatia, and a fifth defendant, Kulwinder Singh, 34, of Richmond Hill, New York, are also charged with conspiracy to commit money laundering, money laundering, and engaging in monetary transactions in property derived from specified unlawful activity. Bhatia has been charged with offenses related to his participation in a high-tech fraud scheme.
Authorities in India arrested Madaan on Dec. 14, 2022, and Gupta on Dec. 15, 2022, on local charges for their involvement in the tech support scheme. Lamba remains at large. Bhatia was arrested by Canadian authorities pursuant to a provisional arrest request from the United States. Singh was arrested at his home in New York. Singh made his initial appearance on Dec. 14, 2022, before U.S. Magistrate Judge Michael A. Hammer in Newark federal court and was released on $100,000 unsecured bond.
A sixth defendant, Meghna Kumar, 50, of Edison, New Jersey, pleaded guilty on Dec. 14, 2022, by videoconference before Judge Hammer to an information charging her with engaging in monetary transactions in property derived from specified unlawful activity, based on her role in the scheme.
“As alleged in the indictment, the defendants are charged with using access to personal computers to run a high-tech extortion scheme on a global scale,” U.S. Attorney Philip R. Sellinger said. “They frequently preyed upon senior citizens and scared them into paying for unnecessary and useless computer repair services. Working with our partners here and abroad, we will remain vigilant in protecting our citizens from these kinds of schemes.”
“Tech-support scams, and other consumer fraud schemes that frequently target elderly or vulnerable citizens are particularly egregious crimes,” Acting Inspector in Charge Raimundo Marrero, Newark Field Office, Philadelphia Division, said. “Fraudsters, who often operate from outside the United States, may think they can anonymously infiltrate their victims’ homes and lives through the mail, telephone, or computer – without any consequences. However, let today’s enforcement actions put scammers on notice. Through the investigative efforts of U.S. federal law enforcement, and our international partners, we will work together to pursue those individuals who scam, harass, and steal from our older and respected members of society.”
“Scammers are changing tactics and finding new methods to steal hard-earned money from unsuspecting victims, but it boils down to the same well-worn crime,” FBI Special Agent in Charge James E. Dennehy said. “This investigation highlights the FBI's and our international partners' work in searching out and bringing these fraudsters to justice. It also shows victims that regardless of where the criminals are sitting, here or in a foreign country, we will hold them accountable using every tool we have.”
According to documents filed in this case and statements made in court:From 2012 through November 2022, the defendants and others were members of a criminal fraud ring that operated a technical support fraud scheme in the United States, India, and Canada. The scheme targeted victims across the United States and Canada, including New Jersey, many of whom were elderly.
The primary objective was to trick victims into believing that their personal computers were infected with a virus or malware and then convince the victims to pay hundreds or thousands of dollars to the fraud ring for phony computer repair services. Over the course of the conspiracy, the fraud ring generated more than $10 million in proceeds from at least 20,000 victims.
The fraud ring caused fraudulent pop-up windows to appear on victims’ personal computers. The pop-ups were designed, at times, to “freeze” the victims’ computers, which prevented the victims from using or accessing files on their computers. The pop-ups also claimed, falsely, that the victims’ computers were infected with a virus, or otherwise compromised, and directed the victims to call a telephone number to receive technical support. Sometimes the pop-ups warned victims to not shut down their computers. The pop-ups also included, without authorization, the names of well-known, legitimate technology and antivirus companies. In reality, the pop-ups were a hoax, designed to trick the victims into believing that their computers were infected with viruses that did not actually exist.
Victims who called the technical support phone numbers appearing on the pop-ups were connected to one or more call centers in India associated with the fraud ring. Fraud ring members at the call centers falsely repeated that the victims’ computers were infected with viruses and offered to fix the purported issue for a fee. The fraud ring members would then request permission to remotely access the victims’ computers. Once granted access, fraud ring members would, at times, download and run a freely available adblocker tool, advise the victim that the “issue” had been resolved, and then leave a text file on the desktop of the computer with payment instructions.
Victims were instructed to pay the fraud ring in amounts ranging from hundreds to thousands of dollars by: (a) electronically scanning checks made payable to one of several shell companies set up by the fraud ring and (b) sending, via FedEx, physical checks to addresses maintained by Singh and Kumar in New Jersey. The fraud ring often contacted certain victims again to offer additional services or lengthier service agreements that required victims to pay even more money to the fraud ring.
The wire fraud and computer fraud charges carry a maximum penalty of 20 years and a $250,000 fine, or twice the gross amount of gain or loss from the offense, whichever is greatest The money laundering charges carry a statutory maximum of 20 years in prison and a fine of up to $500,000 or twice the value of the property involved, whichever is greater. The transacting in criminal proceeds charges carry a maximum of 10 years in prison and a fine of $250,000, or twice the value of the property involved in the transaction, whichever is greater.
U.S. Attorney Sellinger postal inspectors of the U.S. Postal Inspection Service in Newark, under the direction of Acting Inspector in Charge Raimundo Marrero, Philadelphia Division, and special agents of the FBI, including the FBI’s Cyber Crimes Task Force, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation. He also thanked the Department of Justice Office of International Affairs, the Indian Central Bureau of Investigation, and the Delhi Police for their assistance.
The government is represented by Assistant U.S. Attorney Anthony P. Torntore of the U.S. Attorney’s Cybercrime Unit in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Shasta County Man Indicted for Possession with Intent to Distribute Methamphetamine and for Being a Felon in Possession of a Firearm and AmmunitionRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment yesterday against Anthony Alexander Basso, 44, of Cottonwood, charging him with possession with intent to distribute methamphetamine, one count of being a felon in possession of a firearm, and one count of being a felon in possession ammunition, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Sept. 11, 2022, law enforcement officers stopped Basso for a pending arrest warrant and found Basso had with him in his car a handgun with no serial number (sometimes called a “ghost gun”), heroin, methamphetamine, AR-platform receivers, ammunition, AR-platform magazines, Narcan, tools for milling firearm components, a police scanner, and over $10,000 in cash. Search warrants were executed for a storage unit Basso used and additional AR-style rifles in various states of construction, thousands of rounds of ammunition, a Heckler & Koch handgun, and nearly a kilogram of methamphetamine were found.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Anderson Police Department, and the Shasta Inter-Agency Narcotics Task Force (SINTF). Assistant U.S. Attorney James Conolly is prosecuting the case.
If convicted of possession with intent to distribute methamphetamine, Basso faces a maximum statutory penalty of life in prison and a $10 million fine. This charge also carries a ten-year mandatory minimum sentence. If convicted of being a felon in possession of ammunition, or a felon in possession of a firearm, Basso faces a maximum statutory penalty of 15 years and a fine of up to $250,000 on each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
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 U.S. Department of Justice 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.
San Francisco Man Indicted for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment yesterday against Rondell Cramer, 44, of San Francisco, charging him with being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on June 1, 2022, while driving in Fairfield, Cramer was pulled over for driving a vehicle without a license plate. The officer arrested Cramer, who was then wanted on two outstanding felony warrants. A search of his vehicle resulted in the discovery of a Glock 9 mm caliber firearm, as well as a bill of sale for another firearm and stolen merchandise, much of which still had antitheft tags on them. A search of Cramer’s phones revealed multiple conversations showing that Cramer was buying firearms in Arizona under an alias, and then selling them in California. Cramer is not allowed to possess firearms or ammunition because he has previously been convicted of six felony offenses, including a prior conviction for being a felon in possession of a firearm.
This case is the product of an investigation by the California Highway Patrol and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Adrian T. Kinsella is prosecuting the case.
If convicted, Cramer faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
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 U.S. Department of Justice 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 Sacramento Region/San Francisco Bay Area Cross-Jurisdictional Firearms Trafficking Strike Force is one of five cross-jurisdictional strike forces launched by the U.S. Department of Justice in July 2021 to disrupt illegal firearms trafficking in key regions across the country. Each strike force is led by designated United States Attorneys, who collaborate with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and with state and local law enforcement partners within their own jurisdiction as well as law enforcement partners in areas where illegally trafficked guns originate. The strike forces use the latest data, evidence, and intelligence from crime scenes to identify patterns, leads, and potential suspects in violent gun crimes, and are an important part of the Department’s Comprehensive Violent Crime Reduction Strategy.
Ridgefield Man Charged with Child Pornography OffenseRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and Matthew B. Millhollin, Special Agent in Charge, Homeland Security Investigations (HSI), Boston, today announced that NICHOLAS SKIRKANICH, 43, of Ridgefield, was arrested yesterday and charged by federal criminal complaint with possession of child pornography.
Following his arrest, Skirkanich appeared before U.S. Magistrate Judge S. Dave Vatti in Bridgeport and was released on a $150,000 bond to home detention under electronic monitoring.
As alleged in court documents, in October 2022, an online service provider submitted a CyberTip to the National Center for Missing and Exploited Children (“NCMEC”) indicating that a TikTok video containing child sex abuse imagery was sent from Skirkanich’s email account to another email account. Subsequent investigation revealed that Skirkanich’s IP address and social media accounts were also used to facilitate Skirkanich’s possession of child pornography.
Possession of child pornography is an offense that carries a maximum term of imprisonment of 20 years.
U.S. Attorney Avery stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by Homeland Security Investigations (HSI) with the assistance of the Ridgefield Police Department. The case is being prosecuted by Assistant U.S. Attorney Nancy V. Gifford with the assistance of the Danbury State’s Attorney’s Office.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Raleigh-Area Physician Agrees to Pay $385,000.00 to Resolve Allegedly Fraudulent Medicare and Medicaid ClaimsRead the Press Release
RALEIGH, N.C. –United States Attorney Michael Easley announced today that Haritha Nadendla, M.D., and Triangle Women’s Center, P.C., (hereinafter referred to as “Triangle”), an OB/GYN practice that Dr. Nadendla owns and operates in the Raleigh, North Carolina area, have agreed to pay $385,000 to settle civil False Claims Act liability concerning allegations that Triangle submitted false claims to the Medicaid program for certain patient visits.
The Government contends that it has certain civil claims against Triangle arising from Triangle’s submission of claims to the North Carolina Medicaid Program for medical services from January 1, 2018, through December 31, 2021, including claims for CPT 99215 – Evaluation & Management for an established patient in an office or outpatient location, which the Government contends were not supported by the medical record and were not medically necessary. The Government contends that Triangle’s submission of such claims for payment to the North Carolina Medicaid Program violates the Federal and North Carolina False Claims Acts.
“This civil fraud case demonstrates our firm commitment to protect taxpayer money and to guard the integrity of federal programs,” said U.S. Attorney Michael Easley. “Our office will zealously pursue those who misuse or abuse government funds.”
“My office’s Medicaid Investigations Division is committed to holding accountable health care providers who waste taxpayer resources,” said North Carolina Attorney General Josh Stein. “I thank U.S. Attorney Easley and his team for their continued partnership to protect Medicaid funds for North Carolinians.”
This matter was investigated by the United States Attorney’s Office for the Eastern District of North Carolina and the Medicaid Investigations Division of the North Carolina Attorney General’s Office (“MID”). Special Deputy Attorney General Michael M. Berger, who also serves as a Special Assistant United States Attorney, represented the United States and the State of North Carolina.
The allegations were originally made in a lawsuit filed under the whistleblower provisions of both the Federal and North Carolina False Claims Act by Hannah Turnbull. The respective False Claims Acts permit private parties to sue for false claims on behalf of the United States and the State of North Carolina, as well as potentially sharing in any recovery. As for the recovery, the False Claims Acts allow the United States and the State of North Carolina to recover triple the money falsely obtained, plus civil penalties for each false claim submitted.
The civil claims settled by this False Claims Act agreement are allegations only; there has been no determination of civil liability.
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Plaquemines Parish Man Pleads Guilty to Drug Trafficking OffensesRead the Press Release
NEW ORLEANS, LOUISIANA – THEODORE HOLMES, age 34, a resident of Plaquemines Parish, Louisiana, pled guilty on December 13, 2022, before U.S. District Judge Susie Morgan to conspiracy to distribute and possess with intent to distribute methamphetamine in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 846, and use of a communication facility in causing or facilitating the commission of felonies under the Controlled Substances Act in violation of Title 21, United States Code, Section 843(b) and Title 18, United States Code, Section 2, announced U.S. Attorney Duane A. Evans.
According to court documents, an investigation revealed that HOLMES was involved in a narcotics distribution conspiracy with several other co-conspirators between June 8, 2020, and June 5, 2021. As part of the conspiracy, HOLMES regularly distributed amounts of methamphetamine.
For the drug conspiracy charge, HOLMES faces up to twenty years imprisonment, a fine of up to $1,000,000.00, at least three years of supervised release following any term of imprisonment, and a mandatory $100 special assessment fee. For use of a communication facility in causing or facilitating the commission of felonies under the Controlled Substances Act, HOLMES faces up to 4 years imprisonment, up to a $250,000 fine, up to 1 year of supervised release, and a $100 mandatory special assessment fee.
This case was investigated by the Drug Enforcement Administration and Plaquemines Parish Sheriff’s Office. The prosecution is being handled by Assistant United States Attorney J. Benjamin Myers.
Philadelphia Man Sentenced to 30 Years in Prison for Forcibly Sex Trafficking a Minor on Backpage.comRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Rodney Kent a/k/a “Hott Rodd,” a/k/a “Hott,” 51, of Philadelphia, PA, was sentenced yesterday to 30 years in prison and 10 years of supervised release by United States District Judge Cynthia M. Rufe after being convicted of sex trafficking earlier this year.
In June 2022, the defendant was convicted at trial of sex trafficking, arising from his forcible coercion of a minor to engage in prostitution. After meeting the victim on social media in 2016, the defendant met the teenage victim in person and brought the victim to his home, where he manipulated the victim into posing for photographs. The defendant then advertised the minor victim for sex on Backpage.com for nearly two weeks. During this time, the defendant physically abused the victim, including using lit cigarettes to burn the victim. Law enforcement recovered the victim after the victim escaped from the defendant. In April 2018, the Justice Department seized Backpage.com, which was the Internet’s leading forum for prostitution ads, including ads depicting the prostitution of children.
“The crime that this defendant committed is one of the most devastating to victims that our Office prosecutes,” said U.S. Attorney Romero. “Kent forced a teenager, a minor, to sell their body for his own greed and financial gain. We will continue to work with our law enforcement partners to investigate and prosecute these horrific crimes against the most vulnerable victims.”
“The cruelty and inhumanity displayed by Rodney Kent is staggering,” said Jacqueline Maguire, Special Agent in Charge of the FBI's Philadelphia Division. “He forced a child into sexual servitude, unleashing physical and emotional abuse even as he profited from that child's exploitation. While the FBI can't erase the harm he's done, we've made him answer for it, bringing justice for his victim and ensuring he can't claim any more.”
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 United States 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.
The case was investigated by the Federal Bureau of Investigation, Tinicum Township Police Department, and Philadelphia Police Department, and was prosecuted by Assistant United States Attorneys Alexandra M. Lastowski and Vineet Gauri of the Eastern District of Pennsylvania and Assistant United States Attorney Seth M. Schlessinger, now of the Eastern District of Virginia.
Pennsylvania Inmate Sentenced to 11 Months in Prison for Pandemic Unemployment FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jeovanny Shultz, age 28, an inmate at the State Correctional Institution at Mercer, was sentenced by United States District Court Judge Christopher C. Conner to 11 months in prison for conspiring to steal pandemic funds.
According to United States Attorney Gerard M. Karam, Shultz pleaded guilty to conspiring with five others to file false claims for unemployment assistance during the pandemic. These defendants gathered personal identification information from inmates housed within the Pennsylvania Department of Corrections system and filed unemployment claims. The payments were mailed to particular addresses in New Cumberland, Pennsylvania, where the funds were accessed. Shultz arranged for the payment of approximately $11,000 in benefits which he was not entitled to obtain.
Andrew Marszalek, age 24, of New Cumberland, entered a guilty plea to the fraud conspiracy and was sentenced to 18 months in prison. Nicholas Baggio, age 32, an inmate at the State Correctional Institution at Mahanoy, entered a guilty plea to conspiracy to commit mail fraud and was sentenced to one year and a day in prison. Alexis Figueroa, age 32, of Philadelphia, entered a guilty plea to the fraud conspiracy and was sentenced to 18 months in prison. Oscar Martinez, age 30, an inmate at State Correctional Institution at Rockview, pleaded guilty and is awaiting sentencing. Joseph Powles, age 33, of Philadelphia, is wanted as a fugitive.
The case was investigated by the U.S. Postal Inspection Service and the United States Department of Labor Office of Inspector General. Assistant U.S. Attorney Michael Consiglio is prosecuting the case.
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.
All persons charged are presumed to be innocent unless and until found guilty in court.
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Parties Agree to Pay $150 Million Toward Clean up of the Lower Passaic River in New JerseyRead the Press Release
The Department of Justice and the Environmental Protection Agency (EPA) announced today a proposed consent decree with 85 potentially responsible parties, requiring them to pay a total of $150 million to support the cleanup work and resolve their liability for discharging hazardous substances into the Lower Passaic River, which is part of the Diamond Alkali Superfund Site in Newark, New Jersey.
The Justice Department and EPA alleged that these 85 parties are responsible for releases of hazardous substances into the Lower Passaic River, contaminating the 17-mile tidal stretch, including the lower 8.3 miles. The proposed consent decree seeks to hold the parties accountable for their share of the total cost of cleaning up this stretch of the river.
“This agreement holds responsible parties financially accountable for the legacy of pollution in the Lower Passaic River,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The settlement will advance the cleanup of the river for the benefit of those communities living alongside it who have been historically overburdened by pollution.”
“Newark, Harrison, and many other vibrant communities have borne the brunt of pollution along the Lower Passaic River for too long,” said First Assistant U.S. Attorney Vikas Khanna for the District of New Jersey. “This agreement is an important step forward. It will support significant cleanup efforts that restore this historic waterway, advance a new chapter of responsible land use, and return the river to the people of New Jersey.
“This agreement continues our work of ensuring responsible parties pay for or conduct the cleanup of the Passaic River,” said Regional Administrator Lisa F. Garcia for the EPA Region 2. “Today's agreement requires those responsible for the contamination to pay their fair share for releasing hazardous substances into the Lower Passaic. This work brings us closer to a cleaner healthier river that can be enjoyed by those who live near its banks.”
On behalf of EPA, the Justice Department lodged the consent decree with the U.S. District Court for the District of New Jersey. If and when the settlement becomes final, EPA expects to use the settlement funds to support ongoing efforts to clean up the site, specifically the lower 8.3 miles and the upper 9 miles which make up the entire 17-mile Lower Passaic River Study Area. In addition to the proposed consent decree, EPA has reached several related agreements, including one whereby many parties investigated the 17-mile Lower Passaic River, another whereby Occidental Chemical Corporation, a potentially responsible party, is designing the cleanup chosen for the lower 8.3 miles, and several cost recovery agreements that resulted in payments to EPA of millions of dollars.
This consent decree is subject to a 45-day public comment period and is available for public review on the Justice Department website here.
After the close of the comment period, Justice Department and EPA will evaluate any comments received and prepare a response to the comments. If the government still considers the settlement appropriate, it will seek approval of the consent decree by the court.
For additional information and site background, visit Diamond Alkali Superfund Profile Page.
Follow EPA Region 2 on Twitter and Facebook page. For more information about EPA Region 2, visit their website.
Parties Agree to Pay $150 Million Toward Clean up of Lower Passaic River in New JerseyRead the Press Release
NEWARK, N.J. – The Department of Justice and the Environmental Protection Agency (EPA) announced today a proposed consent decree with 85 potentially responsible parties, requiring them to pay a total of $150 million to support the cleanup work and resolve their liability for discharging hazardous substances into the Lower Passaic River, which is part of the Diamond Alkali Superfund Site.
The Justice Department and EPA alleged that these 85 parties are responsible for releases of hazardous substances into the Lower Passaic River, contaminating the 17-mile tidal stretch, including the lower 8.3 miles. The proposed consent decree seeks to hold the parties accountable for their share of the total cost of cleaning up this stretch of the river.
“Newark, Harrison, and many other vibrant communities have borne the brunt of pollution along the Lower Passaic River for too long,” First Assistant U.S. Attorney Vikas Khanna for the District of New Jersey said. “This agreement is an important step forward. It will support significant cleanup efforts that restore this historic waterway, advance a new chapter of responsible land use, and return the river to the people of New Jersey.
“This agreement holds responsible parties financially accountable for the legacy of pollution in the Lower Passaic River,” Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division said. “The settlement will advance the cleanup of the river for the benefit of those communities living alongside it who have been historically overburdened by pollution.”
“Today's agreement requires those responsible, no matter the extent, to pay their fair share for releasing hazardous substances into the Lower Passaic,” Regional Administrator Lisa F. Garcia for the EPA Region 2 said. “This agreement adds to the work we are already doing and will continue to do to get responsible parties to pay for or conduct this cleanup, and it brings us closer to a cleaner healthier river that can be enjoyed by those who live near its banks, no matter what their economic status.”
On behalf of EPA, the Justice Department lodged the consent decree with the U.S. District Court for the District of New Jersey. If and when the settlement becomes final, EPA expects to use the settlement funds to support ongoing efforts to clean up the site, specifically the lower 8.3 miles and the upper 9 miles which make up the entire 17-mile Lower Passaic River Study Area. In addition to the proposed consent decree, EPA has reached several related agreements, including one whereby many parties investigated the 17-mile Lower Passaic River, another whereby Occidental Chemical Corporation, a potentially responsible party, is designing the cleanup chosen for the lower 8.3 miles, and several cost recovery agreements that resulted in payments to EPA of millions of dollars.
This consent decree is subject to a 30-day public comment period and is available for public review here.
After the close of the comment period, Justice Department and EPA will evaluate any comments received and prepare a response to the comments. If the government still considers the settlement appropriate, it will seek approval of the consent decree by the court.
For additional information and site background, visit Diamond Alkali Superfund Profile Page.
Follow EPA Region 2 on Twitter and Facebook page. For more information about EPA Region 2, visit the website.
Partes concordam em pagar US$ 150 milhões para limpar o rio Lower Passaic em Nova JerseyRead the Press Release
A Agência de Proteção Ambiental dos EUA (EPA) e o Departamento de Justiça dos EUA (DOJ) anunciaram hoje uma proposta de decreto de consentimento com 85 partes potencialmente responsáveis, exigindo que paguem um total de US$ 150 milhões para apoiar o trabalho de limpeza e resolver sua responsabilidade por descarregar resíduos perigosos substâncias no Lower Passaic River, que faz parte do Diamond Alkali Superfund Site em Newark, Nova Jersey.
A EPA e o DOJ alegaram que essas 85 partes são responsáveis por lançamentos de substâncias perigosas no rio Lower Passaic, contaminando o trecho de maré de cerca de 27 KM, incluindo as 13.35 KM inferiores. O decreto de consentimento proposto visa responsabilizar as partes por sua parcela no custo total da limpeza desse trecho do rio.
“Este acordo responsabiliza financeiramente as partes responsáveis pelo legado de poluição no rio Lower Passaic”, disse o procurador-geral adjunto Todd Kim, da Divisão de Meio Ambiente e Recursos Naturais do Departamento de Justiça. “O assentamento promoverá a limpeza do rio em benefício das comunidades que vivem ao longo dele e que foram historicamente sobrecarregadas pela poluição.”
“Este acordo continua nosso trabalho de assegurar que as partes responsáveis paguem ou conduzam a limpeza do rio Passaic. O acordo de hoje exige que os responsáveis pela contaminação paguem sua parte justa pela liberação de substâncias perigosas no Lower Passaic", disse a Administradora Regional Lisa F. Garcia, “Este trabalho nos aproxima de um rio mais limpo e saudável que pode ser usufruído por quem mora perto de suas margens.”
“Newark, Harrison e muitas outras comunidades vibrantes suportaram o impacto da poluição ao longo do rio Lower Passaic por muito tempo”, disse o primeiro procurador-assistente dos Estados Unidos, Vikas Khanna, para o distrito de Nova Jersey. “Este acordo é um passo importante. Ele apoiará esforços significativos de limpeza que restauram esta hidrovia histórica, avançam em um novo capítulo de uso responsável da terra e devolvem o rio ao povo de Nova Jersey.
Em nome da EPA, o DOJ apresentou o decreto de consentimento ao Tribunal Distrital dos EUA para o Distrito de Nova Jersey. Se e quando o acordo se tornar definitivo, a EPA espera usar os fundos do acordo para apoiar os esforços contínuos para limpar o local, especificamente as 13.35 KM inferiores e as 14.48 KM superiores que compõem toda a Área de Estudo do Rio Passaic de cerca de 27 KM. Além do decreto de consentimento proposto, a EPA chegou a vários acordos relacionados, incluindo um em que muitas partes investigaram os cerca de 27 KM do Lower Passaic River, outro em que a Occidental Chemical Corporation, uma parte potencialmente responsável, está projetando a limpeza escolhida para os 813.35 KM mais baixos, e vários acordos de recuperação de custos que resultaram em pagamentos à EPA de milhões de dólares.
Este decreto de consentimento está sujeito a um período de comentários públicos de 45 dias e está disponível para revisão pública no site do Departamento de Justiça.
Após o encerramento do período de comentários, o DOJ e a EPA avaliarão quaisquer comentários recebidos e prepararão uma resposta aos comentários. Se o governo ainda considerar o acordo apropriado, ele buscará a aprovação do decreto de consentimento pelo tribunal.
Para saber informações adicionais e histórico do site, visite a página do Perfil do Diamond Alkali Superfund.
Siga a Região 2 da EPA no Twitter e a página do Facebook. Para saber mais informações da Região 2 da EPA, visite nosso site.
Opa-Locka Man Sentenced to 30 Years in Prison for Producing Child Sexual Abuse MaterialRead the Press Release
MIAMI – Oscar Williams Jr., 30, of Opa-Locka, Fla., has been sentenced to 30 years in prison for extorting four girls into producing child sexual abuse material. He previously had been convicted on four counts of production of child sexual abuse material and one count of extortion.
Between November 2019 and September 2020, Williams extorted four minor girls into creating sexually explicit photos and videos of themselves and sending it to him over a social media application. Williams threatened to post the material on social media and pornography websites if they did not continue to send him said material. He demanded upward of 50 photos a day from some of the victims.
Williams was apprehended after the Federal Bureau of Investigation (FBI) executed a search warrant on his home after following the social media application Williams used to commit the crimes.
Juan Antonio Gonzalez, U.S. Attorney for the Southern District of Florida, and acting Special Agent in Charge Robert M. DeWitt, FBI, Miami Field Office, announced the sentence.
FBI, Miami Field Office, investigated the case. Assistant U.S. Attorneys Lacee Elizabeth Monk and Jessica Kahn Obenauf prosecuted it.
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. Attorney’s Offices and the Criminal Divisions 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.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 20-cr-20087.
Omaha Man Sentenced for Firearm and Drug Trafficking CrimesRead the Press Release
Acting United States Attorney Steven A. Russell announced that Christian Genchi, 29, was sentenced today in federal court in Omaha, Nebraska, for possessing with intent to distribute methamphetamine and possessing a firearm during a drug trafficking crime. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Genchi to 120 months imprisonment on the drug charge and 60 months on the firearms charge, consecutive for a total sentence of 180 months. There is no parole in the federal system. After his release from prison, he will begin two, 5-year terms of supervised release, concurrent.
On August 9, 2021, Omaha Police searched a residence on the 38th block of Gordon Street, in Omaha. Officers located a safe inside the garage of the residence that contained approximately 3 pounds of methamphetamine and a H&R Model 733 revolver. The safe belonged to Genchi who acknowledged the presence of methamphetamine and the firearm in the safe.
This case was investigated by the Omaha Police Department.
Norfolk Woman Convicted of Two Counts of Embezzlement and Theft from Indian Tribal OrganizationRead the Press Release
Acting United States Attorney Steve Russell announced that Andrea Rodriguez, 42, of Norfolk, Nebraska, was sentenced today in Lincoln, Nebraska, by Judge John M. Gerrard for two counts of embezzlement and theft from Indian tribal organization less than $1,000. Rodriguez was sentenced to 4 years’ probation, a fine of $10,000 and $100 for special assessment fees. There is no parole in the federal system. Rodriguez was additionally ordered to pay $19,431.57 in restitution.
From at least July 2019 until the end of October 2020, Andrea Rodriguez was employed by the Ponca Tribe of Nebraska as the Director of the Ponca Tribe’s Domestic Violence Department. In this role, Rodriguez was responsible for handling and providing final authorizations for the allocation of monies which the Ponca tribe received as part of the 2018 Victims of Crime Act (“VOCA”) Assistance Grant. These monies were intended to be used to support Ponca tribal members who were dealing with domestic-violence related issues.
Andrea Rodriguez created false reimbursement requests indicating they were intended to pay for medical bills, grocery bills, and home furnishing and décor-related expenses for certain tribal domestic violence victims. She then signed the final authorization for the reimbursement of these bills from tribal grant funds. In truth, the bills being reimbursed were not expenses incurred by tribal domestic violence victims. Instead, they were for Rodriguez’s own personal bills.
In total, Rodriguez received approximately $19,431.57 in tribal funds as a result of this scheme.
“HHS-OIG will not tolerate any attempts to defraud federal programs, especially those involving vulnerable populations,” said Curt L. Muller, Special Agent in Charge with the Department of Health and Human Services, Office of Inspector General. “We are proud to work alongside our law enforcement partners to hold accountable any perpetrator of fraud.”
This case was jointly investigated by the U.S. Department of Justice Office of the Inspector General
and U.S. Department of Health and Human Services Office of the Inspector General,.
Newport Man Sentenced to Ten Years in Prison for Possession of Pipe BombsRead the Press Release
LITTLE ROCK—A Newport man has been sentenced to ten years in prison for possession of an unregistered firearm after attempting to sell pipe bombs. Darius Balentine, 28, was sentenced yesterday afternoon by United States District Judge Lee P. Rudofsky. His codefendant, Wayne Riley, 27, of Pleasant Plains, was sentenced in November and also received the statutory maximum sentence of ten years.
In September 2020, officers conducted a home visit at Balentine’s residence. Balentine was a convicted felon on active parole supervision with a search waiver on file, and officers had learned that he was in possession of a firearm. While searching the home, officers located a .380-caliber pistol and two CO2 bottles containing gun powder and roofing nails, equipped with fuses and designed as explosive devices.
Multiple witnesses confirmed the explosives belonged to Riley, who had dropped them off at Balentine’s home a few days prior. Investigators obtained text messages in which Riley stated he had ten pipe bombs and wanted to sell them for $100 each or $800 for all ten.
Balentine and Riley were indicted for possession of the pipe bombs in July 2021. Balentine was also charged with being a felon in possession of the .380-caliber pistol. Riley pleaded guilty in June 2022, and Balentine pleaded guilty two months later. In addition to the sentence of ten years imprisonment, which is the maximum allowed by law, both Balentine and Riley will serve three years of supervised release after their terms of incarceration.
This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Newport Police Department; Jackson County Sheriff’s Office; Arkansas State Police; and Arkansas Department of Community Corrections. The case was prosecuted by Assistant United States Attorney Jordan Crews.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
New York Attorney and Doctor Convicted of Defrauding New York City-Area Businesses and Their Insurance Companies of More Than $31 Million Through Massive Trip-And-Fall Fraud SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced the convictions today in Manhattan federal court of GEORGE CONSTANTINE, a New York lawyer, and ANDREW DOWD, a New York orthopedic surgeon, for their participation in a massive trip-and-fall fraud scheme between 2013 and 2018. The jury convicted CONSTANTINE and DOWD following a three-week trial before U.S. District Judge Sidney H. Stein. Co-conspirators Marc Elefant, Sady Ribeiro, Adrian Alexander, Kerry Gordon, and Peter Kalkanis previously pled guilty before Judge Stein for their involvement in the same trip-and-fall fraud scheme. Co-conspirators Bryan Duncan, Ryan Rainford, and Robert Locust were convicted at trial in May 2019 before Judge Stein for their participation in the same trip-and-fall fraud scheme. Sentencing of CONSTANTINE and DOWD is scheduled for March 21, 2023.
U.S. Attorney Damian Williams said: “Today’s unanimous jury verdict holds George Constantine, a lawyer, and Andrew Dowd, a doctor, accountable for their participation in a widespread fraud scheme that preyed upon poor, vulnerable, and at-times homeless individuals. These individuals were recruited to stage trip-and-fall accidents and undergo medically unnecessary surgeries performed by Dowd that were designed to increase the value of fraudulent personal injury lawsuits filed by Constantine. Constantine and Dowd abused their professional licenses, degrees, and titles to line their own pockets with millions of dollars, and they now face the prospect of lengthy prison sentences for their crimes.”
According to the allegations contained in the Superseding Indictment and the evidence presented in Court during the trial:
Between 2013 and 2018, CONSTANTINE and DOWD, among others, engaged in an extensive fraud scheme, in which individuals (the “Patients”) were recruited to stage trip-and-fall accidents and then undergo medically unnecessary surgeries in order to increase the value of the fraudulent personal injury lawsuits that were filed on their behalf against the owners of the accident sites and/or insurance companies of the owners of the accident sites (the “Victims”). During the course of the fraud scheme, CONSTANTINE and DOWD, together with others known and unknown, attempted to defraud the Victims of more than $31 million.
CONSTANTINE and DOWD relied upon a team of “runners” who were paid cash kickbacks by CONSTANTINE to recruit the Patients to stage or falsely claim to have suffered trip-and-fall accidents at particular locations throughout the New York City area. Common accident sites used during the fraud scheme included cellar doors, cracks in concrete sidewalks, and purported “potholes” in front of commercial establishments, such as gas stations, diners, and other businesses.
After their staged accidents, the Patients were directed to go to the hospital to obtain discharge papers and then were brought to CONSTANTINE’s office, by the carloads, where they met with CONSTANTINE briefly, after which CONSTANTINE would uniformly accept their case. CONSTANTINE failed to ask even the most basic questions during the intake process, including the locations of the purported accidents, and yet, would file fraudulent lawsuits, under penalty of perjury, on behalf of the Patients against the Victims. During the course of the scheme, CONSTANTINE filed nearly 200 fraudulent lawsuits and earned more than $5 million dollars in settlement fees from these fraudulent cases.
Following the Patients’ meeting with CONSTANTINE, the Patients were driven to various medical appointments, including visits with chiropractors, physical therapists, and to obtain MRIs, all of which was designed to justify the surgical procedures on their knees, shoulders, and backs that Patients were required to have as part of the scheme.
The Patients were then driven to meet with DOWD, an orthopedic surgeon, who would perform arthroscopic knee and shoulder surgeries on Patients within one to two weeks of first meeting the Patients. DOWD paid hundreds of thousands of dollars in kickbacks for these Patient referrals. DOWD performed no physical exams on the Patients and fabricated his medical reports to make it seem like the Patients were injured, when in reality they were not. To incentivize the Patients to get surgery, the Patients were paid approximately $1,000 after each surgery. During the course of the scheme, DOWD performed nearly 300 medically unnecessary surgeries and earned more than $3.2 million dollars. DOWD received approximately $10,000 per surgery.
The surgeries, as well as the other medical procedures, were funded by litigation funding companies, including a funding company owned by co-conspirator Adrian Alexander, even when the Patient maintained medical coverage through an insurance company or a government-subsidized program. The funding companies also paid the fraud scheme organizers and participants referral fees, typically $1,000 to $2,500, for each Patient who signed a funding agreement. In exchange for funding Patients’ medical and legal costs, the funding companies charged the Patients high interest rates. The interest rates were so high that oftentimes the majority of the proceeds that were awarded in the fraudulent lawsuits were paid to the Funding Companies, CONSTANTINE, and other scheme participants, with the Patients receiving a much smaller percentage of the remaining recovery.
The Patients were overwhelmingly poor – individuals desperate enough to submit to surgeries in exchange for the small payments they would receive after surgery. It was common for the Patients to ask for food or money when they would appear for their intake meetings with CONSTANTINE. Patients were recruited from homeless shelters and often suffered from drug and alcohol addiction as well.
* * *
CONSTANTINE, 60, of Plainview, New York, and DOWD, 67, of Miller Place, New York, were found guilty of conspiracy to commit mail and wire fraud, mail fraud, and wire fraud, each of which carries a maximum term of 20 years in prison. DOWD was also found guilty of additional counts of conspiracy to commit mail and wire fraud, mail fraud, and wire fraud.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the New York Field Office of the Federal Bureau of Investigation. Mr. Williams also thanked the National Insurance Crime Bureau for their assistance in the investigation.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Nicholas Folly, Danielle Kudla, Alexandra Rothman, and Nicholas Chiuchiolo are in charge of the prosecution.
Mississippi Man Sentenced to 150 Months in Federal Prison for Scheme to Fraudulently Obtain Off-Road Vehicles Valued at More Than $750,000 and Other Federal OffensesRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced that U.S. District Judge John W. deGravelles sentenced Christopher Jackson, age 37, of Ridgeland, Mississippi, to 150 months in federal prison following his convictions for conspiracy to transport stolen motor vehicles in interstate commerce and to sell stolen motor vehicles, and interstate transportation of a stolen motor vehicle. The Court further sentenced Jackson to serve three years of supervised release following his term of imprisonment, ordered Jackson to pay restitution in the amount of $712,280.30, and ordered Jackson to forfeit an additional $375,146 representing the proceeds of his crime.
The sentencing of Jackson stems from a lengthy federal investigation that began in 2019 based on a string of reported thefts all across the Southeast involving late model, high-end recreational vehicles, including those commonly referred to as ATVs or side-by-sides. The investigation spanned numerous jurisdictions across a dozen different states, and ultimately revealed that Jackson was responsible for defrauding forty-nine (49) victims out of their vehicles. Through his fraudulent scheme, Jackson illegally obtained possession of more than four dozen vehicles worth more than $780,000.
According to admissions made as a part of his guilty plea, Jackson would search online ads for used ATVs being offered for sale. He would contact the seller, using an alias, and generally using a different phone number each time, and negotiate to buy the vehicle, indicating that he would pay off the seller’s remaining balance on the loan associated with the ATV. During his communications with the seller, Jackson would learn the name of the bank where the seller had financed the vehicle and the seller’s loan number. Then, using the loan number and other identifying information, Jackson would send fraudulent payment information to the seller’s bank (e.g., a purported payment with the bank’s actual routing number but a fraudulent account number), intending to temporarily signal to the bank’s automated payment system that he had successfully paid the seller’s remaining loan balance.
Before the bank realized that Jackson’s purported payment had not cleared, Jackson would convince the seller that he had paid the seller’s loan and persuade the seller to release the ATV to a driver. Jackson would typically avoid meeting the victims face-to-face and instead relied on other individuals, many of whom he would hire over the internet, to meet the victims, take possession of the vehicles, and transport them pursuant to Jackson’s directions. As he quickly re-sold the stolen vehicles, for cash, Jackson caused the vehicles to be transported across state lines, in furtherance of the scheme.
In a related case, Jackson was also sentenced to federal prison for possession of a firearm by a convicted felon. The federal firearms case arose from his June 23, 2021 arrest in Ridgeland, Mississippi, pursuant to a warrant that was issued for his arrest in the fraud case. At the time he was arrested, Jackson knowingly possessed a Smith & Wesson 9mm pistol, which had previously been reported stolen, despite the fact that Jackson had previously been convicted of a felony offense and was therefore prohibited from possessing a firearm.
This investigation was led by the United States Secret Service, with substantial assistance from the Livingston Parish Sheriff’s Office, the Louisiana State Police, the Tuscaloosa County (Alabama) Sheriff’s Office, the Mississippi Bureau of Investigation, the Ridgeland (Mississippi) Police Department, and the Madison County (Mississippi) District Attorney’s Office, among other agencies.
This matter was prosecuted by Assistant United States Attorney Alan A. Stevens, who serves as Senior Litigation Counsel for the United States Attorney’s Office, and Assistant United States Attorney Caroline B. Gardner.
Marion County Convicted Felon Indicted for Possession of AmmunitionRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Mario Jerard Delancy (33, Ocala) with possession of ammunition by a convicted felon. If convicted, Delancy faces up to 10 years in federal prison.
According to the indictment, on June 4, 2022, Delancy knowingly possessed Federal ammunition, Sellier and Bellot ammunition, and Blazer ammunition. At time, Delancy had a previous conviction for felony battery. As a convicted felon, he is prohibited from possessing firearms or ammunition under federal law.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Ocala Police Department. It will be prosecuted by Assistant United States Attorney Sarah Janette Swartzberg.
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.
Man Who Sparked St. Louis Police Chase Charged with Gun CrimeRead the Press Release
ST. LOUIS – A man who led St. Louis police on a high-speed chase Thursday was charged Friday with a federal gun crime.
Anthony L. Rogers, 35, of St. Louis, was charged by complaint in U.S. District Court in St. Louis with being a felon in possession of a firearm.
The criminal complaint says the St. Louis Metropolitan Police Department was looking for Rogers, and a GMC Yukon SUV that he was driving, in connection with a November 30 homicide in St. Louis. Police spotted the Yukon Thursday in St. Louis and officers attempted to conduct a traffic stop, the complaint says. Rogers refused to pull over and instead drove away, the complaint says.
Police followed Rogers into St. Louis County, where he threw a Glock 9mm pistol out of the window, and then north on Interstate 55 into St. Louis, where he discarded the pistol’s magazine, the complaint says. The pursuit continued through downtown St. Louis and onto westbound Interstate 70. Rogers exited the interstate at Riverview Boulevard and pulled to the curb, where he was arrested, the complaint says
The firearm charge carries a penalty of up to 15 years in prison, a $250,000 fine, or both.
Charges set forth in a complaint are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The case was investigated by the St. Louis Metropolitan Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Ryan Finlen is prosecuting the case.
Lynnwood, Washington man sentenced to prison for making multiple threatening phone calls to businesses in four states espousing racial hatredRead the Press Release
Seattle – A 37-year-old Lynnwood, Washington, man was sentenced today in U.S. District Court in Seattle to two years in prison for making interstate threats and for a hate crime: interference with a Federally Protected Activity, announced U.S. Attorney Nick Brown. Joey David George has been in federal custody since his arrest on July 22, 2022. George made threatening telephone calls from his home in Lynnwood, to grocery stores in Buffalo, New York, restaurants in California and Connecticut, and a marijuana dispensary in Maryland. At the sentencing hearing U.S. District Judge Ricardo S. Martinez said “In today’s day and age, words are the weapons in the arsenal of the bully, the bigot, the racist and the homophobe…These words seep into the psyche of the victims and cause incredible pain that might never go away.”
“While Mr. George suffers from some mental health impairments, his conduct in this case was deliberate and motivated by racial hatred,” said U.S. Attorney Nick Brown. “He wanted people to feel the terror that they would be targeted because of the color of their skin. Mr. George used the tragedy of the Buffalo grocery store shooting to make his threats even more searing. We take these matters very seriously.”
According to records in the case, on July 19, 20, and 21, 2022, George telephoned multiple grocery stores in Buffalo, New York and threatened to shoot Black people in the stores. George told the staff at the store to “take him seriously” and ordered the store to clear out the customers as he was “nearby” and “preparing to shoot all Black customers.” One store closed. The threats followed a racially motivated shooting at another Buffalo grocery store in May 2022. Law enforcement traced the phone number and identified George as the person who made the calls.
In addition to the calls to Buffalo, George admits that in May 2022, he called a restaurant in San Bruno, California. In that call George allegedly threatened to shoot Black and Hispanic patrons in the restaurant. He told law enforcement that he made the threat to strike fear in the Bay Area Black community.
On September 11, 2021, George called a cannabis dispensary in Rockville, Maryland, and used racial slurs as he threatened to shoot and kill Black people at the business. George admitted his racial hate to local law enforcement who used caller ID to trace the call. The dispensary shut down and hired extra security, causing a loss of over $50,000. On that same day George also called a Denny’s restaurant in Enfield, Connecticut and threatened Black patrons at the restaurant.
In asking for a sentence at the top of the guidelines range prosecutors noted that the calls had an impact beyond just a day of business disruption. “For about a year, George had been calling other businesses around the country and threatening to kill Blacks and others. His calls caused terror. They caused police to rush to respond to the threats, leaving them unavailable to attend to emergencies and other law enforcement matters. And they disrupted business, and left employees shaken about the prospect of returning to work.”
George has agreed to pay $13,088 in restitution to the impacted businesses. He will be on three years of supervised release when he finishes his prison sentence.
The case was investigated by the FBI with the assistance of multiple local police departments. The case is being prosecuted by Assistant United States Attorneys Thomas Woods and Rebecca Cohen in consultation with the Department of Justice Civil Rights Division.
Lino Lakes Felon Sentenced to 24 years in Prison for Methamphetamine Trafficking and Firearms Violations in Connection to Kidnapping, Torture CaseRead the Press Release
MINNEAPOLIS – A Lino Lakes man has been sentenced to 289 months in prison followed by 10 years of supervised release for drug trafficking and firearms violations in connection to the December 2021 kidnapping and torture of a man, announced U.S. Attorney Andrew M. Luger.
According to court documents, on April 11, 2021, officers with the Worthington Police Department conducted a traffic stop of a vehicle driven by Jose Angel Chapa-Aguilera, 24. The traffic stop led to a search of the vehicle. Officers located a bag containing a loaded 9 mm semi-automatic pistol and more than two pounds of methamphetamine sealed inside four zip-lock bags in the spare tire compartment.
According to court documents, on December 20, 2021, at his Brooklyn Park residence, Chapa-Aguilera confronted a man about a drug debt. During the confrontation, Chapa-Aguilera brandished a handgun, ordered the man to the ground, tied his hands behind his back, and proceeded to beat and torture the victim for hours using a heated knife and a pipe, due to a perceived drug debt. During the torture, Chapa-Aguilera demanded money from the victim. Before leaving the residence, Chapa-Aguilera barricaded the victim in a crawlspace under the house. The victim was later able to escape and contact law enforcement. The victim suffered extensive injuries, including numerous burns, broken ribs, a large laceration above his eye and required a blood transfusion. Law enforcement seized approximately three pounds of methamphetamine from Chapa-Aguilera’s residence during a search warrant executed shortly thereafter.
According to court documents, on January 7, 2022, law enforcement located Chapa-Aguilera driving a purple-camouflage Humvee in the Twin Cities. After a high-speed pursuit, officers disabled the vehicle and pulled Chapa-Aguilera from the Humvee. Officers also recovered from the vehicle a 9mm semi-automatic handgun and several 9mm rounds of ammunition.
Chapa-Aguilera was sentenced yesterday in U.S. District Court by Judge Joan N. Ericksen. Chapa-Aguilera pleaded guilty on September 6, 2022, to one count of possession of a firearm in furtherance of a drug trafficking crime and one count of possession with the intent to distribute methamphetamine.
This case is the result of an investigation conducted by the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Hennepin County Violent Offender Task Force (VOTF), the Brooklyn Park Police Department, and the Worthington Police Department.
Assistant U.S. Attorney Allen A. Slaughter prosecuted the case.
Las partes acuerdan pagar $150 millones para la limpieza de la cuenca inferior del río Passaic en Nueva JerseyRead the Press Release
La Agencia de Protección Ambiental (EPA) de Estados Unidos y el Departamento de Justicia (DOJ) de Estados Unidos han anunciado hoy una propuesta de decreto de consentimiento con 85 partes potencialmente responsables, exigiéndoles el pago de un total de $150 millones para apoyar los trabajos de limpieza y resolver su responsabilidad por el vertido de sustancias peligrosas en la cuenca inferior del río Passaic, que forma parte del sitio Superfund Diamond Alkali en Newark, Nueva Jersey.
La EPA y el DOJ alegaron que estas 85 partes son responsables del vertido de sustancias peligrosas en la cuenca inferior del río Passaic, que ha contaminado un tramo de marea de 17 millas, incluyendo las 8,3 millas inferiores. El decreto de consentimiento propuesto pretende hacer responsables a las partes de su participación en el costo total de la limpieza de este tramo del río.
"Este acuerdo hace que las partes responsables respondan financieramente por el legado de contaminación en la cuenca inferior del río Passaic," dijo el fiscal general adjunto Todd Kim de la División de Medio Ambiente y Recursos Naturales del Departamento de Justicia. "El acuerdo hará avanzar la limpieza del río en beneficio de las comunidades que viven junto a él y que históricamente se han visto perjudicadas por la contaminación."
"Este acuerdo continúa nuestra labor de asegurar que las partes responsables paguen o lleven a cabo la limpieza del río Passaic. El acuerdo de hoy exige a los responsables de la contaminación que paguen la parte que les corresponde por el vertido de sustancias peligrosas en la cuenca inferior del río Passaic," declaró la administradora regional Lisa F. García. "Este trabajo nos acerca a un río más limpio y sano que puedan disfrutar quienes viven cerca de sus orillas."
"Newark, Harrison y muchas otras pujantes comunidades han soportado durante demasiado tiempo el peso de la contaminación a lo largo de la cuenca inferior del río Passaic," declaró el primer fiscal federal adjunto del distrito de Nueva Jersey, Vikas Khanna. "Este acuerdo es un importante paso adelante. Apoyará los esfuerzos de limpieza necesarios para recuperar este cauce histórico, impulsará un nuevo capítulo de uso responsable del suelo y devolverá el río a la población de Nueva Jersey."
En nombre de la EPA, el DOJ presentó el decreto de consentimiento ante el Tribunal de Distrito de Estados Unidos para el Distrito de Nueva Jersey. En caso de que el acuerdo sea definitivo, la EPA espera utilizar los fondos del acuerdo para apoyar los esfuerzos en curso para limpiar el sitio, concretamente las 8,3 millas inferiores y las 9 millas superiores que conforman el área de estudio de 17 millas de la cuenca inferior del río Passaic. Además del decreto de consentimiento propuesto, la EPA ha celebrado varios acuerdos relacionados, incluido uno por el que muchas partes investigaron las 17 millas de la cuenca inferior del río Passaic, otro por el que Occidental Chemical Corporation, una parte potencialmente responsable, está diseñando la limpieza elegida para las 8,3 millas inferiores, y varios acuerdos de recuperación de costos que resultaron en pagos de millones de dólares a la EPA.
Este decreto de consentimiento está sujeto a un periodo de comentarios del público de 45 días y se encuentra a disposición para revisión pública en el sitio web del Departamento de Justicia.
Una vez finalizado el periodo de comentarios, el DOJ y la EPA evaluarán los comentarios recibidos y elaborarán una respuesta. Si el gobierno sigue considerando adecuado el acuerdo, solicitará la aprobación del decreto de consentimiento por parte del tribunal.
Para más información y antecedentes del sitio, visite la página de perfil del Superfund Diamond Alkali.
Siga a la Región 2 de la EPA en Twitter y en Facebook. Para obtener más información sobre la Región 2 de la EPA, visite nuestro sitio web.
Kings County Man Indicted for Submitting over $8,000,000 in Fraudulent Sleep Study Claims One Year After His Brother was Indicted for Similar MisconductRead the Press Release
FRESNO, Calif. — A federal grand jury returned an 11-count indictment today against Jeremy Gober, 42, of Hanford, charging him with health care fraud and aggravated identity theft, United States Attorney Phillip A. Talbert announced.
According to court documents, Jeremy Gober owned and operated the Got Sleep center, which was a sleep clinic in Fresno and Orange County, California. Sleep clinics perform diagnostic sleep studies to identify disorders like sleep apnea and narcolepsy. From August 2016 through July 2020, Jeremy Gober caused Got Sleep to bill Medicare and Medi-Cal for thousands of sleep studies, totaling over $8,000,000, that the company did not actually perform on patients. This included sleep studies where the patients had died before the dates on which the studies were purportedly performed.
This case is the product of an investigation by the United States Department of Health and Human Services Office of Inspector General, the Federal Bureau of Investigation, and the California Department of Health Care Services. Assistant U.S. Attorney Joseph Barton is prosecuting the case.
If convicted, Jeremy Gober faces a maximum statutory penalty of 10 years in prison and $250,000 fine for the health care fraud and an additional, mandatory two years in prison for the identity theft. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations. Jeremy Gober is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Jeremy Gober’s brother, Travis Gober, was previously charged with health care fraud and identity theft related to other sleep clinics in the Central Valley in October 2021: https://www.justice.gov/usao-edca/pr/kings-county-man-indicted-submitting-over-10-million-fraudulent-claims-diagnostic-sleep.
gober_jeremy_robert_indictment.pdfKanawha County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Jamon L. Woodson, 39, of Dunbar, pleaded guilty today to being a felon in possession of ammunition in connection with a shooting outside a Charleston business.
According to court documents and statements made in court, on June 30, 2022, Woodson had stopped his vehicle outside Jet Life Apparel on Leon Sullivan Way in Charleston and fired a pistol in the direction of the store. Following the shooting, law enforcement officers recovered a 9mm shell casing from the street and found a bullet hole at the entrance to Jet Life Apparel.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Woodson knew he was prohibited from possessing ammunition because of his felony conviction for conspiracy to distribute more than 500 grams of cocaine and a quantity of marijuana in United States District Court for the Northern District of West Virginia on January 7, 2011.
Following the shooting, officers obtained a search warrant for Jet Life Apparel’s video surveillance system. The video surveillance footage showed Kevin Gerard Denson, 36, of Charleston, carrying a Smith & Wesson, model M&P 15, 5.56-caliber rifle and Jonathan Kennedy, 41, of St. Albans, carrying a Dickinson, model XXPA, 12-gauge shotgun at the time of the altercation with Woodson. Officers recovered both firearms from a vehicle in an alley near Jet Life Apparel. Each firearm was loaded with a high-capacity drum magazine. Denson and Kennedy previously pleaded guilty to being a felon in possession of a firearm and await sentencing.
Woodson is scheduled to be sentenced on April 12, 2023, and faces a maximum penalty of 15 years in prison, three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department.
Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Nowles Heinrich 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.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-183.
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Justice Department Secures Settlement with San Bernardino City School District to Protect the Rights of English Learner StudentsRead the Press Release
The Justice Department announced today it has secured a settlement agreement with the San Bernardino City Unified School District to resolve the department’s investigation into the district’s educational program for English learners. The department investigation, conducted jointly by the Civil Rights Division and the U.S. Attorney’s Office for the Central District of California, concluded that the district was not providing English learners with the necessary services and supports to become fluent in English, or to meaningfully participate in core content classes like math, science or social studies. The district has agreed to improve its services so that English learners have access to the same crucial educational opportunities as their peers.
“Education is a fundamental part of achieving the American dream, but for many students learning English across the country, their school districts do not provide the services and support they need,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will fight to hold districts to their obligations under federal law to provide all their students, regardless of language ability, with a full and meaningful education.”
“Federal laws protect the rights of English learners to fully participate in the classroom,” said U.S. Attorney Martin Estrada for the Central District of California. “Today’s agreement is an important step in ensuring that students learning English receive the programming they need to progress towards fluency and to participate in school on an equal basis with their peers. This agreement will improve the services and support offered to English learners.”
The department’s investigation identified failures to ensure that all teachers providing English language instruction were qualified. In addition, teachers of core subjects like math, science and social studies were often not trained and qualified to provide the supports that English learner students need to learn grade-level material, among other concerns.
Under the settlement, the district will provide language instruction to English learners to help them develop fluency in English, and will ensure that its teachers are trained and certified to provide that instruction. The district will also provide training to teachers of core classes, such as math, science and social studies, on the use of tools that help English learners understand the content of those courses. And The district will also effectively monitor student progress and identify whether students need additional services or supports to guarantee that English learners have access to gifted and talented programs and advanced courses, including Advanced Placement classes. The department will monitor the district’s compliance with the settlement for three years.
The Spanish version of the press release is available here. The enforcement of the Equal Educational Opportunities Act of 1974 is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at https://www.justice.gov/crt/educational-opportunities-section. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/.
Justice Department Secures Settlement with San Bernardino City School District to Protect the Rights of English Learner StudentsRead the Press Release
LOS ANGELES – The Justice Department announced today it has secured a settlement agreement with the San Bernardino City Unified School District to resolve the department’s investigation into the district’s educational program for English learners.
The department investigation, conducted jointly by the United States Attorney’s Office and the Justice Department’s Civil Rights Division, concluded that the district was not providing English learners with the necessary services and supports to become fluent in English, or to meaningfully participate in core content classes like math, science or social studies.
The district has agreed to improve its services so that English learners have access to the same crucial educational opportunities as their peers.
“Federal laws protect the rights of English learners to fully participate in the classroom,” said United States Attorney Martin Estrada. “Today’s agreement is an important step in ensuring that students learning English receive the programming they need to progress towards fluency and to participate in school on an equal basis with their peers. This agreement will improve the services and support offered to English learners.”
“Education is a fundamental part of achieving the American dream, but for many students learning English across the country, their school districts do not provide the services and support they need,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will fight to hold districts to their obligations under federal law to provide all their students, regardless of language ability, with a full and meaningful education.”
The department’s investigation identified failures to ensure that all teachers providing English language instruction were qualified. In addition, teachers of core subjects like math, science and social studies were often not trained and qualified to provide the supports that English learner students need to learn grade-level material, among other concerns.
Under the settlement, the district will provide language instruction to English learners to help them develop fluency in English, and it will ensure that its teachers are trained and certified to provide that instruction. The district will also provide training to teachers of core classes – such as math, science and social studies – on the use of tools that help English learners understand the content of those courses. And the district will effectively monitor student progress and identify whether students need additional services or supports to guarantee that English learners have access to gifted and talented programs and advanced courses, including Advanced Placement classes. The department will monitor the district’s compliance with the settlement for three years.
Assistant United States Attorney Katherine Hikida of the Civil Division’s Civil Rights Section and attorneys from the Educational Opportunities Section of the Justice Department’s Civil Rights Division handled this matter.
Information about the Civil Division’s Civil Rights Section is available on its website at https://www.justice.gov/usao-cdca/civil-division/civil-rights. Individuals in the seven counties of the Central District of California may report possible civil rights violations to the United States Attorney’s Office by calling (213) 894-2879 or emailing [email protected].
Judge Sentences Heroin Distributor to More Than 8 Years in PrisonRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 100 months’ imprisonment followed by four years of supervised release on his conviction for conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin, United States Attorney Cindy K. Chung announced today.
United States District Judge William S. Stickman, IV imposed the sentence on Sean McHenry, 30, of Pittsburgh, Pennsylvania.
According to information presented to the court, in 2018, the Federal Bureau of Investigation began investigating a heroin trafficking organization that operated throughout the greater Pittsburgh area. Beginning in February of 2019 and continuing through September of 2019, the FBI received authorization to conduct a Title III wiretap investigation into the organization. McHenry, as one of the leaders of this multi-member drug trafficking organization, was intercepted orchestrating and directing the distribution of heroin throughout Pittsburgh by various members of the organization. In addition to the intercepted communications, agents seized heroin, firearms, and bulk United States Currency from members of the organization, including McHenry. In sentencing, Judge Stickman referenced the seriousness of the offense as well as McHenry’s criminal history.
Assistant United States Attorney Mark V. Gurzo prosecuted this case on behalf of the government.
United States Attorney Chung commended the Federal Bureau of Investigation, Homeland Security Investigations, the Allegheny County Police Department, the Stowe Township Police Department, the Pittsburgh Bureau of Police, the Office of the Attorney General, the Allegheny County Sheriff's Office, the North Versailles Police Department, the Allegheny County Port Authority Police Department, the Munhall Police Department, and the Pennsylvania State Police for the investigation leading to the successful prosecution of McHenry.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Iowa Man Sentenced to 41 Months for Threatening United States District JudgeRead the Press Release
PHOENIX, Ariz. – Ted Earl Severeid, III, 40, of Des Moines, Iowa, was sentenced on December 5, 2022, by United States District Judge Douglas L. Rayes to 41 months in prison, to run consecutively with previously imposed prison terms in other criminal cases. Severeid previously pleaded guilty to Threatening to Assault a United States Judge.
While incarcerated on other charges, Severeid mailed a threatening letter to a United States Judge, wherein he threatened to violently assault the victim. In sentencing Severeid, Judge Rayes noted that Severeid’s communication was “not an empty threat” and that Severeid’s history, combined with his decision to commit new offenses while incarcerated, required the imposition of a consecutive prison sentence in order to protect the public from future crimes.
Upon completion of his sentence, Severeid will be placed on supervised release for three years. During his term of supervision, Severeid will be prohibited from contacting the victim.
The United States Marshals Service conducted the investigation in this case. Assistant U.S. Attorneys Joseph E. Koehler and Christine D. Keller, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-02308-PHX-DLR
RELEASE NUMBER: 2022-223_Severeid# # #
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.
Illegal Firearm Possession Lands Convicted Felon from Norman in Federal Prison for a DecadeRead the Press Release
OKLAHOMA CITY – Earlier this week, OCTAVIO JUAN SANCHEZ, 36, of Norman, was sentenced to serve ten years, the statutory maximum sentence, in federal prison for illegal possession of a firearm by a convicted felon, announced U.S. Attorney Robert J. Troester.
On July 22, 2021, a federal grand jury returned a one-count Indictment that alleged illegal possession of a firearm. Federal law prohibits a person who has previously been convicted of felony from possessing a firearm or ammunition. On November 16, 2021, Sanchez was tried by a jury and found guilty.
Public records reflect that, on May 14, 2021, as part of an investigation stemming from a claim of domestic violence, Norman Police Department officers executed a search warrant at Sanchez’s residence. While searching the residence, officers found a firearm hidden in a trash can in the kitchen along with a loaded 16-round magazine. Officers also located more than eight pounds of marijuana, scales, and several vacuum baggies containing marijuana residue. Prior to being found in possession of the firearm, Sanchez had been convicted of multiple felony offenses.
On December 14, 2022, U.S. District Judge Bernard M. Jones sentenced Sanchez to serve 120 months in federal prison, followed by three years of supervised release. In support of this sentence, Judge Jones cited Sanchez’s previous criminal history which includes convictions for assault with a deadly weapon, possession of a deadly weapon, possession of controlled substances, and burglary. Sanchez is currently charged with murder in the first degree and unlawful removal of a dead body, in Cleveland County case number CF-2022-860.
In a separate case, public records further reflect that, on June 8, 2022, a federal grand jury returned a multi-count Indictment against Sanchez alleging conspiracy, fraud, and identity theft related to his misuse of Social Security benefits and tax stimulus payments for the benefit of a deceased relative. A jury trial in this case is currently scheduled to begin in February 2023. The public is reminded that the charges contained in this Indictment are merely accusations, and that Sanchez is presumed innocent until and unless proven guilty.
The firearm case is the result of investigations by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Norman Police Department. Assistant U.S. Attorneys Mary E. Walters and David R. Nichols, Jr. prosecuted the case.
This case is part of “Operation 922,” the Western District of Oklahoma’s local implementation of the national Project Safe Neighborhoods and Project Guardian initiatives to reduce gun violence and enforce federal firearms laws. “Operation 922” prioritizes prosecution of federal gun crimes connected to domestic violence.
Reference is made to public filings for more information.
Holdrege, Nebraska Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Steven A. Russell announced that Josiah Negley, 35, was sentenced today in federal court in Omaha, Nebraska, for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine. United States District Judge Robert F. Rossiter Jr. sentenced Negley to 120 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a five-year term of supervised release.
On March 30, 2019, law enforcement obtained a search warrant for a building in Kearney, Nebraska. Negley was inside the building during the search, which resulted in the seizure of 117 grams of methamphetamine. In addition, the co-defendants indicated they all went to Colorado to get pounds of methamphetamine to bring back to Kearney, Nebraska, to distribute.
Co-defendant Rodney Randolph has pled guilty and is scheduled for sentencing on December 21, 2022. Nicole Peterson was sentenced to 120 months imprisonment followed by 5 years of supervised release.
This case was investigated by the Nebraska State Patrol and the Kearney Police Department.
Harrisburg Man Sentenced to 18 Years in Prison for Cocaine TraffickingRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Ricardo Soto-Delgado, age 48, of Harrisburg, Pennsylvania, was sentenced on December 15, 2022, to 18 years’ imprisonment by United States District Court Judge Christopher C. Conner for cocaine trafficking.
According to United States Attorney Gerard M. Karam, Soto-Delgado entered a guilty plea for his role in a conspiracy to have kilograms of cocaine shipped into Harrisburg, Pennsylvania through the United States Postal Service. Between April 2018 and November 2019, Soto-Delgado had approximately 35 kilos of cocaine shipped from Puerto Rico to various addresses in Cumberland and Dauphin Counties. Postal Inspectors uncovered the drug trafficking operation after they intercepted parcels destined for the addresses.
His codefendant, Becky Cro, pleaded guilty to assisting Soto-Delgado. She was sentenced to six months in prison.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the U.S. Postal Inspection Service and the Pennsylvania State Police. Assistant U.S. Attorney Michael A. Consiglio prosecuted the case.
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Guatemalan Man Sentenced for Harmful Marijuana Cultivation Operation in Sequoia National ForestRead the Press Release
FRESNO, Calif. — Oscar Alfredo Castanaza-Ortega (“Castanaza”), 37, a Guatemalan national, was sentenced today to 90 months in prison for conspiring to manufacture, distribute, and possess with intent to distribute 2,864 marijuana plants in the Twin Springs area of the Sequoia National Forest, United States Attorney Phillip A. Talbert announced. The court also ordered Castanaza-Ortega to pay $7,819 in restitution to the Forest Service for the damage caused by his marijuana cultivation activities and ordered the forfeiture of his firearm and ammunition.
According to court documents, when law enforcement officers arrived in the grow site, Castanaza was in possession of a loaded .38 caliber firearm with the firing hammer cocked back in its firing position and a box of .38 caliber ammunition. Castanaza admitted that he was getting paid $100 a day to water and trim the plants.
The marijuana cultivation operation caused extensive damage to the public land and natural resources. Native trees, brush and other vegetation were cut down to make room for the marijuana plants and large amounts of fertilizers and pesticides were found in the area. Thousands of pounds of trash, irrigation hose, and camping equipment were found at the site. A helicopter will be needed to remove all of the trash, irrigation lines, and other debris. Castanaza was ordered to pay $7,819.17 in restitution to the U.S. Forest Service for the environmental damage.
This case was the product of an investigation by the U.S. Forest Service with assistance from the California Department of Justice’s Campaign Against Marijuana Planting (CAMP), and Tulare County Sheriff’s Office. Assistant United States Attorney Karen A. Escobar prosecuted the case.
Georgia man pleads guilty to federal hate crimeRead the Press Release
ATLANTA - Larry Edward Foxworth has pleaded guilty in federal court to shooting into multiple Clayton County convenience stores to kill those inside based upon their race and ethnicity.
Foxworth used a firearm to commit a heinous hate crime that traumatized his victims as well as the communities who rely on these businesses,” said U.S. Attorney Ryan K. Buchanan. “The vigorous prosecution of such abhorrent acts of violence and intimidation with the assistance of our federal partners is a top priority for this office.”
“No one should have to live in fear of being targeted for deadly violence because they are Black or Arab American,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “This defendant, who professed support for a white supremacist organization, is being held accountable for an abhorrent act of violence motivated by race and national origin. This conviction should make clear that the Justice Department stands ready to prosecute any individual who carries out a violent hate-motivated crime in our country.”
“Hate-fueled violent crimes ripple through communities, making entire groups feel unsafe and unwelcome, spawning fear and anger”, said Keri Farley, Special Agent in Charge of FBI Atlanta. “Prosecuting hate crimes is a top priority of the FBI. We will not back down from obtaining justice for victims of hate-based violence.”
According to U.S. Attorney Buchanan, the charges and other information presented in court: At approximately 2:35 a.m. on July 30, 2021, Foxworth fired numerous rounds from a Glock pistol through a window and door of a gas station convenience store located in Jonesboro, Georgia. Just minutes later, at approximately 2:57 a.m., he again fired multiple rounds from the same handgun through the windows and door of a different gas station convenience store located nearby. Both stores were open and occupied when Foxworth shot into the businesses. Thankfully no one was injured during either shooting.
Clayton County Police Department officers arrested Foxworth shortly after the second attack. Foxworth admitted that he intended to kill people inside and outside the stores. He also made multiple statements to law enforcement officers that he was targeting African American individuals and others whom he perceived to be Arab. Foxworth expressed hope that he had killed his targets and professed beliefs in white supremacist ideology and an allegiance to a white supremacist organization.
Sentencing for Larry Edward Foxworth, 48, of Jonesboro, Georgia, is scheduled for March 16, 2023, at 10:00 a.m. Foxworth pleaded guilty to a federal hate crime and use of a firearm during the commission of that crime of violence before U.S. District Judge Mark H. Cohen on December 15, 2023.
This case is being investigated by the Federal Bureau of Investigation and Clayton County Police Department.
Assistant U.S. Attorney Brent Alan Gray and Trial Attorney Alec C. Ward of the Department of Justice’s Civil Rights Division are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Georgia Man with Ties to White Supremacist Organization Pleads Guilty to Federal Hate Crime for Racially Motivated ShootingsRead the Press Release
A Georgia man pleaded guilty today to a federal hate crime and a firearms violation for shooting into two Clayton County convenience stores in an attempt to kill those inside because of their race and ethnicity.
According to information presented in court, on July 30, 2021, Larry Edward Foxworth, 48, of Jonesboro, fired numerous rounds from a Glock pistol through a window and door of a Shell gas station convenience store on Tara Boulevard in Jonesboro. Just minutes later, Foxworth again fired multiple rounds from the same handgun through the windows and door of a nearby BP gas station convenience store. Both stores were open for business and occupied when Foxworth fired the shots. No one was injured in either shooting, but Foxworth admitted that he intended to kill people inside the stores and on the premises.
Clayton County Police Department officers arrested Foxworth shortly after the second attack. While in police custody at the scene, Foxworth made multiple statements explaining that he was targeting Black people and others who he perceived to be Arab. Foxworth expressed hope that he had killed his targets and professed belief in white supremacist ideology and an allegiance to a white supremacist organization.
“No one should have to live in fear of being targeted for deadly violence because they are Black or Arab American,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This defendant, who professed support for a white supremacist organization, is being held accountable for an abhorrent act of violence motivated by race and national origin. This conviction should make clear that the Justice Department stands ready to prosecute any individual who carries out a violent hate-motivated crime in our country.”
“Foxworth used a firearm to commit a heinous hate crime that traumatized his victims as well as the communities who rely on these businesses,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “The vigorous prosecution of such abhorrent acts of violence and intimidation with the assistance of our federal partners is a top priority for this office.”
“Hate-fueled violent crimes ripple through communities, making entire groups feel unsafe and unwelcome, spawning fear and anger,” said Special Agent in Charge Keri Farley of the FBI Atlanta Field Office. “Prosecuting hate crimes is a top priority of the FBI. We will not back down from obtaining justice for victims of hate-based violence.”
The plea agreement filed in court calls for a sentence of between 20 and 25 years in prison. Sentencing is scheduled for March 16, 2023.
The FBI and Clayton County Police Department investigated the case.
Assistant U.S. Attorney Brent Alan Gray for the Northern District of Georgia and Trial Attorney Alec C. Ward of the Civil Rights Division’s Criminal Section are prosecuting the case.
Former supervisor in local tax office charged with committing fraud while waiting to report to federal prison on bribery and blackmail chargesRead the Press Release
ATLANTA - Gerald D. Harris, a former supervisor in DeKalb County’s Tax Commissioner’s Office, has been charged with wire fraud for falsely claiming that he could register a stolen vehicle by bribing an employee in the tax office.
“In 2020, Harris pleaded guilty to bribery and blackmail for accepting cash to unlawfully register vehicles and for extorting one of the individuals who had paid him bribe money,” said U.S. Attorney Ryan K. Buchanan. “Based on the COVID-19 pandemic, the sentencing judge compassionately gave Harris almost six months to report to prison. Rather than use that time to arrange his affairs – in a brazen display of audacity, Harris allegedly executed a separate wire fraud scheme.”
“Harris clearly had no remorse after his bribery and blackmail conviction, as he didn’t skip a beat in allegedly implementing a separate wire fraud scheme immediately after he was sentenced,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “Hopefully, this charge will send the message that the FBI takes fraud schemes very seriously and just because you have been convicted of one crime does not mean that you are immune from further charges.”
“Unfortunately, Harris did not learn from his previous bad conduct. Instead of using the court's grace to better his situation, he brazenly used that time to steal money. Hopefully, this indictment will send a clear message that this conduct will not be tolerated,” DeKalb County District Attorney Sherry Boston.
“The Georgia Department of Revenue maintains a close working partnership with all the county Tax Commissioners offices as they serve as title and registration agents for the state. We find it unacceptable and unfortunate that any individual would violate the trust provided them to perform their official duties. The Agency is committed to assisting with any investigation into reported violations of this trust,” said Frank O'Connell, Commissioner, Georgia Department of Revenue.
According to U.S. Attorney Buchanan, the charges, and other information presented in court: The DeKalb County Tax Commissioner’s Office (the “Tax Commissioner’s Office”) is responsible for the billing and collection of property taxes. The Motor Vehicle Division of the Tax Commissioner’s Office handles all aspects of motor vehicle registrations, including: (a) managing the collection of motor vehicle taxes; (b) issuing vehicle tags and titles; and (c) processing vehicle registration renewals for citizens and businesses located in the county.
From July 2017 to November 2019, Harris served as the Supervisor of Tax Tag Clerks for the Tax Commissioner’s Office. Harris unlawfully exploited his position by accepting more than $35,000 bribe payments from customers to unlawfully register vehicles or renew vehicle registrations.
After being fired from the Tax Commissioner’s Office, Harris also attempted to blackmail one of the individuals who had been paying him bribe money. In December 2019, Harris sent a series of text messages to the individual stating that he was under investigation by the FBI; that the FBI had a video of Harris with the individual; that “[a]ll of us can be in trouble”; that Harris needed to know “how much” money he would receive to not share this information to the FBI; and that Harris was “not going to prison empty handed. It’s that simple.”
Based on this conduct, the U.S. Attorney charged Harris with bribery and blackmail via a criminal information. Harris pleaded guilty to both charges and, on November 10, 2020, received a sentence of two years in prison. The Court gave Harris approximately six months to report to prison in consideration of safety protocols resulting from the COVID-19 pandemic.
In early March 2021, while awaiting his report to federal prison, Harris met an individual (“Person 1”). Even though Harris had been terminated from his position with the Tax Commissioner’s Office, Harris claimed that he had the key to the office and that he ran the office. Harris also falsely claimed to Person 1 that in exchange for a payment of between $1,200 and $1,500 per vehicle Harris could obtain vehicle tags for stolen vehicles, and that for a payment of $4,000 Harris could obtain a Commercial Driver’s License for Person 1.
On March 22, 2021, Person 1 asked Harris about obtaining a tag for a vehicle, even though Person 1 did not have the vehicle’s title or any other documentation required to register the vehicle. In response, Harris falsely stated that he knew a woman who could register the vehicle if Person 1 paid the woman a $1,000 bribe payment.
On March 23, 2021, Harris again falsely claimed to Person 1 that the woman wanted a $1,000 bribe payment to register the vehicle. As a result, Person 1 gave Harris $1,000 in cash. But Harris then kept the $1,000 in cash, stopped all communications with Person 1, and never obtained a vehicle tag for Person 1.
Based on this conduct, on December 13, 2022, a federal grand jury charged Harris, 54, of Union City, Georgia, with three counts of wire fraud. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the United States’ burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
The Federal Bureau of Investigation, DeKalb County District Attorney’s Office, and Georgia Department of Revenue are investigating this case.
Assistant U.S. Attorney Jeffrey W. Davis is prosecuting the case. Assistant U.S. Attorney Nicholas Hartigan previously prosecuted this case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former Registered Nurse Charged with Tampering with Medical Grade FentanylRead the Press Release
MIAMI – A South Florida federal grand jury has charged Martin County resident Catherine Shannon Dunton, 54, with tampering with vials of liquid fentanyl at an outpatient surgery center where she worked as a licensed registered nurse.
Medical providers use a liquid form of fentanyl -- fentanyl citrate -- to keep patients from moving during surgery and relieve their pain. According to the indictment, while working as a nurse at a Martin County outpatient surgery center, Dunton removed liquid fentanyl from vials, refilled them with saline, and returned the adulterated vials to their location for use during surgeries.
If convicted, Dunton faces up to 10 years in prison.
Juan Antonio Gonzalez, United States Attorney for the Southern District of Florida, and Justin Fielder, Special Agent in Charge, Food and Drug Administration, Office of Criminal Investigations (FDA-OCI) Miami Field Office, announced the charges.
FDA Office of Criminal Investigations, Miami Field Office investigated this matter, with assistance from United States Postal Inspection Service, Miami Field Office. Assistant U.S. Attorney Diana M. Acosta is prosecuting the case.
An indictment is only an accusation and a defendant is presumed innocent unless and until proven guilty.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 22-cr-14073-Cannon.
Former Philadelphia Police Officer Sentenced to Nearly Six Years in Prison for Child Pornography OffensesRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that William Watts, Sr., 56, of Philadelphia, PA, was sentenced to five years and ten months in prison, five years of supervised release and ordered to pay $12,000 in special assessments by United States District Court Judge Joel H. Slomsky after being convicted of receiving and possessing child pornography.
In July 2022, the defendant pleaded guilty to these charges, which stemmed from an FBI investigation into a CyberTip from the National Center for Missing and Exploited Children. At the time of his arrest in October 2021, the defendant was a police officer in Philadelphia’s First Police District and had amassed a collection of hundreds of images of child pornography between his online accounts and electronic devices. Watts has since resigned his position with the Department.
“Watts admitted to seeking out videos of children being abused for his own gratification – and for that crime he will now spend years behind bars,” said U.S. Attorney Romero. “Our Office and our law enforcement partners are committed to doing the difficult work of investigating and prosecuting these heinous crimes in order to hold people like this defendant accountable, no matter their position in the community or occupation.”
“As a police officer, William Watts was sworn to protect and serve,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “Not only did he break the law by continually seeking out these disgusting images, his actions put child victims at further risk of sexual exploitation. Justice demands, and this sentence ensures, that he is held accountable.”
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 United States 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.
The case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Kelly Harrell.
Former Federal Detention Officer sentenced to prison for illegal firearm possession and obstruction of justiceRead the Press Release
Seattle – An employee at the Federal Bureau of Prisons, Federal Detention Center (FDC) at SeaTac, Washington, was sentenced today in U.S. District Court in Seattle for two federal felonies related to his conduct outside of his employment, announced U.S. Attorney Nick Brown. Joshua Adam Shuemake, 37, was sentenced to one year and one day in prison for illegal firearm possession, and obstruction of justice. Shuemake was convicted in September 2022 following a four-day jury trial. At today’s sentencing hearing U.S. District Judge Richard A. Jones said the victim of Shumake’s conduct was the justice system. “It’s not just the illegal possession of a firearm, it’s that you chose to ignore a judge’s order and you encouraged people lie… You can’t have a firearm and can’t come to court and lie,” Judge Jones said.
“Mr. Shuemake made relentless and deliberate efforts to undermine the administration of justice,” said U.S. Attorney Nick Brown. “He lied in King County court, to federal investigators, and to his employer. Mr. Shuemake encouraged witnesses to lie under oath in federal proceedings. Such conduct by a federal law enforcement officer is particularly egregious.”
According to records filed in the case and testimony at trial, following a domestic violence incident in April 2021, a King County judge barred Shuemake from possessing dangerous weapons, including firearms, and ordered him to surrender all firearms. Shuemake signed a statement under oath saying he had no firearms. However, evidence at trial showed Shuemake working as a restaurant and bar security guard, and despite the court order, he was seen on surveillance video multiple times with a firearm in a holster on his hip. When law enforcement searched the apartment where they observed Shuemake living, they found a handgun in the closet. The gun had Shuemake’s DNA on the grip. Shuemake tried to claim he lived at a different address, and then pressured friends to lie to investigators about how the gun came to be in the apartment.
At the time of the FBI investigation into Shuemake’s gun possession, the Bureau of Prisons was investigating him for a sexual relationship with a female inmate. Shumake was also being scrutinized for sharing information about inmates that resulted in assaults on some of those housed at the FDC.
Even after his conviction, Shuemake continued to violate court orders by wearing clothing identifying himself as law enforcement while working private security jobs. Judge Jones ordered Shuemake to serve 72 hours in King County Jail for violating his bond.
Prosecutors wrote in the sentencing memo Shumake “attempted to exploit the implicit trust within the judicial system that is conferred upon sworn law enforcement officers. And yet, Shuemake not only failed to meet the basic minimum standard of being a law-abiding citizen, but he also fell woefully short of the ethical standards of a federal law enforcement officer by undermining the administration of justice at every turn.”
Shuemake was on unpaid leave from the Bureau of Prisons pending the outcome of this case. His employment has now been terminated.
The case was investigated by the FBI.
The case was prosecuted by Assistant United States Attorneys Jessica Manca, Cindy Chang, and Ye-Ting Woo.
Former Cumberland County Solid Waste Director Convicted of Civil Rights OffensesRead the Press Release
NASHVILLE – The former Cumberland County, Tennessee Solid Waste Director was convicted yesterday of nine counts of civil rights violations, including kidnapping and sexually assaulting women that he supervised. Michael Harvel, 61, of Crossville, Tennessee, was convicted by a federal jury after an eight-day trial, which included testimony from 13 women who testified about Harvel’s abuse. The jury acquitted Harvel of one misdemeanor count.
Harvel was initially indicted in July 2021 for civil rights violations, and a superseding indictment returned in November 2021 charged him with additional civil rights violations which occurred between 2014 and 2018.
“The defendant raped and assaulted women who were in extremely vulnerable positions,” said U.S. Attorney Mark H. Wildasin. “Those in positions of authority cannot abuse their positions with impunity, and we look forward to seeking a prison sentence for Mr. Harvel that reflects the seriousness of this offense. I commend the victims, investigators, and the prosecution team for holding Mr. Harvel accountable for his crimes and for obtaining justice in this matter.”
Evidence introduced at trial established that Harvel was the Director of Solid Waste for Cumberland County, with an office located in the Cumberland County Recycling Center. Harvel’s official duties included supervising workers at the recycling center and at other satellite locations and county landfills, where he supervised dozens of women who served their court-ordered community service time or worked as paid employees. Many of these were vulnerable women who were recovering drug addicts, convicted felons, and poor, single moms. What each of the victims had in common was that Harvel was their boss, while they were working for a low wage or to work off court fees, in a dirty recycling center.
Harvel was found guilty of four counts that charged him with kidnapping and sexually assaulting women whom he supervised. He was also convicted on three counts that charged him with committing aggravated sexual abuse, including one for forcibly raping a woman in an office at a county facility. Finally, Harvel was found guilty on charges for incidents in which he fondled the breasts and genitals of women against their will.
“The defendant abused his power as a public official in order to sexually assault women under his supervision at a county facility,” said Assistant Attorney General Kristen Clarke for the Civil Rights Division. “This guilty verdict was made possible by the thirteen brave women who testified about the defendant’s abuse, and by the tireless work of the federal investigators and prosecutors who pursued justice in this matter. The Justice Department will continue working hard to protect women from exploitation by government officials who wield authority over them.”
"The FBI Memphis Field Office is proud of the role that it played in bringing this man to justice and will continue to work with our law enforcement partners to remove those whose criminal acts result in targeting individuals in extremely vulnerable positions," said Special Agent in Charge Douglas Korneski of the FBI Memphis Field Office. “The FBI will always work to bring to justice those who violate the civil rights of others.”
Harvel faces a maximum sentence of life in prison. A sentencing date has not yet been set by the court.
This case was investigated by the FBI. Assistant U.S. Attorney Brooke Schiferle of the Middle District of Tennessee and Trial Attorneys Michael J. Songer and Laura-Kate Bernstein of the Justice Department’s Civil Rights Division are prosecuting the case.
In 2021, in a separate civil action, the Department of Justice settled a sexual harassment lawsuit against Cumberland County for $1.1 million. The lawsuit alleged, among other things, that Cumberland County failed to take adequate precautions to prevent Harvel, as the director of the county’s Solid Waste Department, from sexually harassing women he supervised. According to the complaint, Harvel regularly subjected the women to unwanted sexual contact, including kissing and groping, and to unwelcome sexual advances.
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