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Tuesday 18 October 2022
Man indicted for attempting to hide kilos of cocaine in shopping bagsRead the Press Release
LAREDO, Texas – A 48-year-old Mexican Citizen has been indicted on charges of conspiracy to import 5.24 kilograms of cocaine, announced U.S. Attorney Jennifer B. Lowery.
Today, a federal grand jury returned the four-count indictment against Jose Juan Rosales-Vasquez. He is expected to appear for his arraignment before U.S. Magistrate Judge Diana Song Quiroga in the near future.
According to the charges, on Oct. 1, Rosales-Vasquez allegedly attempted to enter the United States from Mexico while driving a Chevrolet Beat sedan. At that time, Rosales-Vasquez allegedly told authorities he traveled to Dallas to visit relatives and presented a valid border crossing card.
However, during an X-ray inspection of his vehicle, law enforcement allegedly discovered anomalies in shopping bags located in the trunk and under the rear passenger seat. Further inspection revealed concealed bundles which tested positive for 5.24 kilograms of cocaine, according to the charges.
If convicted, Rosalez-Vasquez faces up to life in prison and a possible $10 million fine.
Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Paul A. Harrison is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Man Charged in Fatal St. Louis CarjackingRead the Press Release
ST. LOUIS – A man from St. Louis appeared in court Tuesday to face a federal carjacking charge connected to a fatal shooting in St. Louis earlier this month.
Laveal D. Jones II, 24, was charged by complaint October 14 with carjacking.
Charging documents say Jones and the victim were at a Sauget, Illinois night club early on the morning of October 1. Based on witnesses and electronic evidence, they later drove back to St. Louis, dropping off someone else before pausing in the 3000 block of Walton Place. They arrived at 4:24 a.m. Two shots were heard two minutes later. Shortly after the shots were heard, a body could be seen on video in the street. Other video cameras spotted the victim’s car being driven to East St. Louis. Police were called to Walton Place at about 5:46 a.m. and found the victim’s body.
The East Saint Louis Fire Department found the victim’s 2015 Kia K900 on fire at 5:51 a.m.
Charges set forth in a criminal 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 FBI. Assistant U.S. Attorney Ryan Finlen is prosecuting the case.
Louisville Attorney Sentenced to 27 Months in Federal Prison for Tax EvasionRead the Press Release
Louisville, KY – A Louisville attorney was sentenced today to 27 months in prison and was ordered to pay a $15,000 fine.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky and Bryant Jackson, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation, Cincinnati Field Office, made the announcement.
According to court documents and evidence presented at trial, Keith Hunter, 65, of Louisville, evaded the payment of federal income taxes, penalties, and interest due and owing by him to the United States for the calendar years 2000, 2001, 2002, 2006, 2008, and 2011, totaling $1,124,620, by concealing assets in various ways. Among the methods Hunter used to conceal his assets from the United States Internal Revenue Service were storing personal income in a client escrow account, storing personal income in a nominee bank account, purchasing a home through a nominee as an alleged charitable donation, and by recycling cashier’s checks, which is the practice of engaging in a cycle of purchasing a cashier’s check, using a small portion of the check, and then purchasing another cashier’s check of lesser value. The evidence presented at trial showed that Hunter also intentionally provided false and misleading information regarding his assets and income to Internal Revenue Service civil collections personnel.
Hunter was also sentenced to 3 years of supervised release upon completion of his term of imprisonment, with a condition that he pay restitution to the Internal Revenue Service during his term of supervised release. There is no parole in the federal system.
The Internal Revenue Service investigated the case.
Assistant U.S. Attorneys Amanda E. Gregory and Joel King prosecuted the case with assistance of paralegal Carissa Moss.
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Lamar Man Sentenced to 20 Years for Illegal Firearms, Meth TraffickingRead the Press Release
SPRINGFIELD, Mo. – A Lamar, Mo., man was sentenced in federal court today for illegally possessing firearms and methamphetamine to distribute.
Jerold G. Lake, 40, was sentenced by U.S. District Judge M. Douglas Harpool to 20 years in federal prison without parole. Lake was sentenced as a career offender due to his prior felony convictions.
On Nov. 17, 2021, Lake pleaded guilty to one count of being a felon in possession of a firearm, one count of possessing methamphetamine with the intent to distribute, and one count of possessing a firearm in furtherance of a drug-trafficking crime.
Lake was the passenger in a vehicle stopped by Barton County, Mo., sheriff’s deputies in Lamar on May 15, 2020. Deputies searched the vehicle and found a stolen Glock .380-caliber semi-automatic handgun under Lake’s seat.
On another occasion, Lake was driving a vehicle that Vernon County, Mo., sheriff’s deputies attempted to stop in Nevada, Mo., after observing a traffic violation on Nov. 9, 2020. Lake fled with deputies in pursuit until his vehicle struck spike strips and came to rest in a ditch. During the chase, Lake’s vehicle reached speeds between 90 and 100 miles per hour, drove on the wrong side of the road, forced oncoming traffic to evade him, swerved wildly through traffic, and failed to yield for stop signs.
Deputies arrested Lake, who was in possession of 4.2 grams of methamphetamine, 3.2 grams of marijuana, and $1,072 in cash. They found a black backpack on the driver’s seat of Lake’s vehicle that contained 35.28 grams of marijuana and drug paraphernalia. Deputies canvassed the route of the pursuit and found a Glock .45-caliber semi-automatic handgun that had been reported stolen from a law enforcement officer’s vehicle in Crawford County, Kansas. Deputies also found a bag that contained 18.2 grams of methamphetamine along the highway.
According to court documents, Lake is a member of the Southwest Honkeys, a violent gang in southwest Missouri. He has Southwest Honkeys tattoos on his chest and stomach, and a skull with “SS” lightning bolts on his back.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Lake has two prior felony convictions for possession of methamphetamine, two prior felony convictions for possession of a chemical with intent to manufacture methamphetamine, and prior felony convictions for resisting a lawful stop (in which he fled from officers at speeds up to 130 miles per hour before crashing into a yard), receiving stolen property, conspiracy to deliver or conceal a controlled substance to a correctional facility, attempting to steal a motor vehicle, first degree assault and armed criminal action. Lake also accumulated numerous violations while on probation and parole, and while incarcerated.
Lake also has cases pending for arrests during 2020 (following his release from state prison in January 2020) in Barton County for first degree domestic assault, armed criminal action, and unlawful possession of a firearm; in Vernon County for first degree assault; and in Newton County, Mo., for fleeing an attempted traffic stop.
This case was prosecuted by Assistant U.S. Attorney Byron H. Black and Assistant U.S. Attorney Josephine L. Stockard. It was investigated by the Drug Enforcement Administration, the Barton County, Mo., Sheriff’s Department, the Lamar, Mo., Police Department, the Vernon County, Mo., Sheriff’s Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Missouri State Highway Patrol.
Lafarge Pleads Guilty to Conspiring to Provide Material Support to Foreign Terrorist OrganizationsRead the Press Release
BROOKLYN, NY – Earlier today, in federal court in Brooklyn, New York, Lafarge S.A. (Lafarge), a global building materials manufacturer headquartered in France, and Lafarge Cement Syria, S.A. (LCS), a Lafarge subsidiary headquartered in Syria, pleaded guilty to a one-count criminal information charging them with conspiring to provide material support and resources to the Islamic State of Iraq and al-Sham (ISIS) and the al-Nusrah Front (ANF), both U.S.-designated foreign terrorist organizations. Immediately following the defendants’ guilty pleas this morning, United States District Judge William F. Kuntz II sentenced the defendants to terms of probation and to pay financial penalties, including criminal fines of $90.78 million and forfeiture of $687 million, totaling $777.78 million.
The charges arose out of the defendants’ scheme to pay ISIS and ANF in exchange for permission to operate a cement plant in Syria from August 2013 to October 2014, which enabled LCS to obtain approximately $70.30 million in revenue.
Breon Peace, United States Attorney for the Eastern District of New York; Lisa O. Monaco, the Deputy Attorney General of the United States; Matthew G. Olsen, Assistant Attorney General of the Justice Department’s National Security Division; Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); Michael Alfonso, Acting Special Agent-in-Charge, Homeland Security Investigations, New York (HSI); and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), announced the guilty pleas and sentences.
“In the midst of a civil war, Lafarge made the unthinkable choice to put money into the hands of ISIS, one of the world’s most barbaric terrorist organizations, so that it could continue selling cement,” said United States Attorney Peace. “Lafarge did this not merely in exchange for permission to operate its cement plant – which would have been bad enough – but also to leverage its relationship with ISIS for economic advantage, seeking ISIS’s assistance to hurt Lafarge’s competition in exchange for a cut of Lafarge’s sales. Today, Lafarge has admitted and taken responsibility for its staggering crime. Never before has a corporation been charged with providing material support and resources to foreign terrorist organizations. This unprecedented charge and resolution reflect the extraordinary crimes committed and demonstrates that corporations that take actions in contravention of our national security interests in violation of the law will be held to account.”
“The terrorism crimes to which Lafarge and its subsidiary have pleaded guilty are a vivid reminder of how corporate crime can intersect with national security,” said Deputy Attorney General Monaco. “The defendants partnered with ISIS, one of the most brutal terrorist organizations the world has ever known, to enhance profits and increase market share—all while ISIS engaged in a notorious campaign of violence during the Syrian civil war. This case sends the clear message to all companies, but especially those operating in high-risk environments, to invest in robust compliance programs, pay vigilant attention to national security compliance risks, and conduct careful due diligence in mergers and acquisitions.”
“The defendants routed nearly six million dollars in illicit payments to two of the world’s most notorious terrorist organizations—ISIS and al-Nusrah Front in Syria—at a time those groups were brutalizing innocent civilians in Syria and actively plotting to harm Americans,” said Assistant Attorney General Olsen. “There is simply no justification for a multi-national corporation authorizing payments to designated terrorist organizations.”
“As today’s guilty plea demonstrates, Lafarge was motivated by greed and self-interest when it turned a blind eye to the horrors of terrorism and knowingly conspired to fund terrorist organizations. Corporations are no different from individuals - if you fund terrorism, you will face the consequences. Today's result should serve as an example to others; if you are willing to fund evil, regardless of whether you are an individual or a larger entity, the FBI’s Joint Terrorism Task Force and our law enforcement partners will continue to be unrelenting in our commitment to protect our nation and bring you to justice," said FBI Assistant Director-in-Charge Driscoll.
“Homeland Security Investigations (HSI) is proud to stand beside our partners in the Joint Terrorism Task Force in this groundbreaking case as we hold private companies to account for their complicity in the death and destruction caused by ISIS and ANF. War runs on money, and Lafarge paid terrorists, adding fuel to the fire, to protect their own profits,” said HSI Acting Special Agent-in-Charge Alfonso. “Knowingly working with a foreign terrorist organization that is responsible for the deaths of countless American soldiers for monetary gain is a despicable act that deserves the highest penalties under the law. Today’s historic guilty plea sends a strong message to companies all over the world that we will not let you profit on the evil done by ISIS. We will not let you dishonor the memory of those killed by this barbaric group.”
“Today’s landmark guilty pleas demonstrate the importance of our ongoing work to disrupt the kind of transnational terrorism that poses significant threats at home and around the world,” said NYPD Commissioner Sewell. “Once again, our strong law enforcement relationships were aligned in this investigation to reach as far as was necessary to ensure justice and keep us from harm. I am immensely proud, today, of our NYPD investigators, the U.S. Attorney for the Eastern District, the FBI’s New York Joint Terrorism Task Force, Homeland Security Investigations, and everyone here and abroad who pulled together over time to pursue this important case."
The Defendants Negotiated with Armed Groups and Paid Terrorists
From approximately May 2010 to September 2014, Lafarge, through LCS, operated a cement plant in the Jalabiyeh region of Northern Syria (the “Jalabiyeh Cement Plant”) that Lafarge had constructed at a cost of approximately $680 million. After the start of the Syrian Civil War in 2011, Lafarge and LCS negotiated agreements to pay armed factions in the Civil War to protect LCS employees, to ensure continued operation of the Jalabiyeh Cement Plant, and to obtain economic advantage over their competitors in the Syrian cement market.
As Lafarge executives made clear in contemporaneous emails, their motives were primarily economic. LCS executives purchased raw materials needed to manufacture cement from ISIS-controlled suppliers; paid monthly “donations” to armed groups, including ISIS and ANF, so that employees, customers and suppliers could traverse checkpoints controlled by the armed groups on roads around the Jalabiyeh Cement Plant; and eventually agreed to make payments to ISIS based on the volume of cement that LCS sold to its customers, which Lafarge and LCS executives likened to paying “taxes.”
The Defendants Negotiated Revenue-Sharing Agreements with ISIS and Sought Economic Advantage
Lafarge and LCS executives intentionally structured their agreements with ISIS to compensate the terrorist organization based on the amount of cement that LCS was able to sell – effectively, a revenue-sharing agreement – to incentivize the terrorist group to act in LCS’s economic interest. A senior Lafarge executive, who supervised LCS’s executives and reported directly to Lafarge’s Chief Executive Officer, articulated this purpose in instructions he sent to LCS executives about the negotiations with ISIS in July 2014: “We have to maintain the principle that we are ready to share the ‘cake,’ if there is a ‘cake.’ To me, the ‘cake’ is anything that is a ‘profit’, after the amortization and before financial expenses.”
As a condition of entering into this revenue-sharing agreement, Lafarge and LCS executives sought ISIS’s assistance to impose costs on competitors selling Turkish cement imported into northern Syria, which was often sold more cheaply than cement produced at the Jalabiyeh Cement Plant. LCS executives made clear to the intermediaries negotiating with ISIS that, in exchange for LCS paying ISIS 750 Syrian Pounds per each ton of cement that it sold, they expected ISIS to take action against LCS’s competitors, either by stopping the sale of competing imported Turkish cement in the areas under ISIS’s control, or by imposing taxes on competing cement that would allow LCS to raise the prices at which it sold cement.
From August 2013 through October 2014, Lafarge and LCS paid ISIS and ANF, through intermediaries, the equivalent of approximately $5.92 million, consisting of fixed monthly “donation” payments to ISIS and ANF, payments to ISIS-controlled suppliers to purchase raw materials and variable payments based on the amount of cement LCS sold. Lafarge and LCS also paid the equivalent of approximately $1.11 million to the third-party intermediaries for negotiating with and making payments to ISIS and ANF on Lafarge’s and LCS’s behalf. In addition, when LCS eventually evacuated the Jalabiyeh Cement Plant in September 2014, ISIS took possession of cement that LCS had produced in furtherance of the conspiracy, and ISIS sold the cement at prices that would have yielded ISIS approximately $3.21 million. As a result of the scheme, LCS obtained approximately $70.30 million in total sales revenue from August 2013 through 2014. The gains to all participants in the conspiracy, including LCS, the intermediaries and the terrorist groups, totaled approximately $80.54 million.
The Defendants Concealed Their Payments, Falsified Records and Backdated Contracts
Lafarge and LCS executives also actively concealed their scheme to provide material support to ISIS and ANF. For example:
- Lafarge and LCS executives required intermediaries to create business entities with names not obviously linked to the intermediaries and created invoices with false descriptions of services rendered for an intermediary to submit to LCS.
- LCS executives structured the revenue-sharing payments to ISIS so that LCS’s customers would pay ISIS, while LCS reimbursed the customers by discounting the prices it charged them. To ensure that LCS’s customers did not underpay ISIS, LCS agreed to provide ISIS with periodic sales reports, which ISIS could use to verify that LCS’s customers were paying the amounts owed under the terms of LCS’s agreement with ISIS.
- To further conceal the arrangements, Lafarge and LCS executives attempted to require ISIS not to include the name “Lafarge” on the documents memorializing and implementing their agreements.
- Many of the Lafarge and LCS executives involved in the scheme used personal email addresses, rather than their corporate email addresses, to carry out the conspiracy.
- In October 2014, as a condition of paying an intermediary for having negotiated with ISIS and other armed groups, Lafarge and LCS executives required the intermediary to sign an agreement terminating his agreement to provide services to LCS. Critically, the Lafarge and LCS executives backdated the termination agreement to August 18, 2014, a date shortly after the United Nations Security Council had issued a resolution calling on member states to prohibit doing business with ISIS and ANF, to falsely suggest that the intermediary was not negotiating with ISIS on behalf of LCS after the U.N. resolution.
Lafarge was eventually acquired by a competitor (the “Successor Company”) in a transaction that closed on July 10, 2015. Lafarge executives did not disclose LCS’s payments to ISIS and ANF to the Successor Company during pre-acquisition diligence meetings, and the Successor Company conducted neither pre- nor post-acquisition due diligence of LCS’s operations in Syria, which had terminated by the time the transaction closed. Lafarge, LCS, and the Successor Company also did not self-report the conduct or fully cooperate in this Office’s investigation.
The investigation was conducted by the FBI’s New York Joint Terrorism Task Force. The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorneys Allon Lifshitz, Alexander A. Solomon, Ian C. Richardson, and Joshua Hafetz led the investigation and prosecution, with assistance provided by Assistant United States Attorneys Artemis Lekakis, J. Matthew Haggans, and Lauren A. Bowman, and Trial Attorneys Bridget Behling and Jennifer Levy of the National Security Division’s Counterterrorism Section.
The Department of Justice’s Office of International Affairs provided critical assistance in this case. The Department also appreciates the significant cooperation and assistance provided by the French, Moroccan, and Lebanese authorities.
The Defendants:
Lafarge S.A.
Paris, FranceLafarge Cement Syria S.A.
Damascus, SyriaE.D.N.Y. Docket No. 22-CR-444 (WFK)
Lafarge Pleads Guilty to Conspiring to Provide Material Support to Foreign Terrorist OrganizationsRead the Press Release
A global building materials manufacturer and its subsidiary pleaded guilty today to a one-count criminal information charging them with conspiring to provide material support and resources in Northern Syria from 2013 to 2014 to the Islamic State of Iraq and al-Sham (ISIS) and the al-Nusrah Front (ANF), both U.S.-designated foreign terrorist organizations. Immediately following the defendants’ guilty pleas this morning, U.S. District Judge William F. Kuntz II sentenced the defendants to terms of probation and to pay financial penalties, including criminal fines and forfeiture, totaling $777.78 million.
According to court documents, Lafarge S.A., headquartered in Paris, France, and Lafarge Cement Syria (LCS) S.A., headquartered in Damascus, Syria, schemed to pay ISIS and ANF in exchange for permission to operate a cement plant in Syria from 2013 to 2014, which enabled LCS to obtain approximately $70.3 million in revenue.
“The terrorism crimes to which Lafarge and its subsidiary have pleaded guilty are a vivid reminder of how corporate crime can intersect with national security,” said Deputy Attorney General Lisa O. Monaco. “The defendants partnered with ISIS, one of the most brutal terrorist organizations the world has ever known, to enhance profits and increase market share — all while ISIS engaged in a notorious campaign of violence during the Syrian civil war. This case sends the clear message to all companies, but especially those operating in high-risk environments, to invest in robust compliance programs, pay vigilant attention to national security compliance risks, and conduct careful due diligence in mergers and acquisitions.”
“The defendants routed nearly six million dollars in illicit payments to two of the world’s most notorious terrorist organizations – ISIS and al-Nusrah Front in Syria – at a time those groups were brutalizing innocent civilians in Syria and actively plotting to harm Americans,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “There is simply no justification for a multi-national corporation authorizing payments to designated terrorist organizations.”
From approximately May 2010 to September 2014, Lafarge, through LCS, operated a cement plant in the Jalabiyeh region of Northern Syria (the Jalabiyeh Cement Plant) that Lafarge had constructed at a cost of approximately $680 million. After the start of the Syrian Civil War in 2011, Lafarge and LCS negotiated agreements to pay armed factions in the Civil War to protect LCS employees, to ensure continued operation of the Jalabiyeh Cement Plant, and to obtain economic advantage over their competitors in the Syrian cement market.
As Lafarge executives made clear in contemporaneous emails, their motives were primarily economic. LCS executives purchased raw materials needed to manufacture cement from ISIS-controlled suppliers; paid monthly “donations” to armed groups, including ISIS and ANF, so that employees, customers and suppliers could traverse checkpoints controlled by the armed groups on roads around the Jalabiyeh Cement Plant; and eventually agreed to make payments to ISIS based on the volume of cement that LCS sold to its customers, which Lafarge and LCS executives likened to paying “taxes.”
Lafarge and LCS executives intentionally structured their agreements with ISIS to compensate the terrorist organization based on the amount of cement that LCS was able to sell – effectively, a revenue-sharing agreement – to incentivize the terrorist group to act in LCS’s economic interest.
As a condition of entering into this revenue-sharing agreement, Lafarge and LCS executives sought ISIS’s assistance to impose costs on competitors selling Turkish cement imported into northern Syria, which was often sold more cheaply than cement produced at the Jalabiyeh Cement Plant. LCS executives made clear to the intermediaries negotiating with ISIS that, in exchange for LCS paying ISIS 750 Syrian Pounds per each ton of cement that it sold, they expected ISIS to take action against its competitors, either by stopping the sale of competing imported Turkish cement in the areas under ISIS’s control, or by imposing taxes on competing cement that would allow LCS to raise the prices at which it sold cement.
“In the midst of a civil war, Lafarge made the unthinkable choice to put money into the hands of ISIS, one of the world’s most barbaric terrorist organizations, so that it could continue selling cement,” said U.S. Attorney Breon Peace for the Eastern District of New York. “Lafarge did this not merely in exchange for permission to operate its cement plant – which would have been bad enough – but also to leverage its relationship with ISIS for economic advantage, seeking ISIS’s assistance to hurt Lafarge’s competition in exchange for a cut of Lafarge’s sales. Today, Lafarge has admitted and taken responsibility for its staggering crime. Never before has a corporation been charged with providing material support and resources to foreign terrorist organizations. This unprecedented charge and resolution reflect the extraordinary crimes committed and demonstrates that corporations that take actions in contravention of our national security interests in violation of the law will be held to account.”
“This guilty plea is a result of extraordinary collaboration among the FBI, the Department of Justice, and our international partners,” said FBI Deputy Director Paul Abbate. “The result demonstrates to anyone who would seek to contribute to ISIS’s terrorist activities, that the FBI will relentlessly pursue, and hold them accountable, regardless of where, or how, they attempt to hide.”
From August 2013 through October 2014, Lafarge and LCS paid ISIS and ANF, through intermediaries, the equivalent of approximately $5.92 million, consisting of fixed monthly “donation” payments to ISIS and ANF, payments to ISIS-controlled suppliers to purchase raw materials, and variable payments based on the amount of cement LCS sold. Lafarge and LCS also paid the equivalent of approximately $1.11 million to the third-party intermediaries for negotiating with and making payments to ISIS and ANF on Lafarge’s and LCS’s behalf. In addition, when LCS eventually evacuated the Jalabiyeh Cement Plant in September 2014, ISIS took possession of cement that LCS had produced in furtherance of the conspiracy, and ISIS sold the cement at prices that would have yielded ISIS approximately $3.21 million. As a result of the scheme, LCS obtained approximately $70.30 million in total sales revenue from August 2013 through 2014. The gains to all participants in the conspiracy, including LCS, the intermediaries and the terrorist groups, totaled approximately $80.54 million.
Lafarge and LCS executives actively concealed their scheme to provide material support to ISIS and ANF. For example:
- Lafarge and LCS executives required intermediaries to create business entities with names not obviously linked to the intermediaries and created invoices with false descriptions of services rendered for an intermediary to submit to LCS.
- LCS executives structured the revenue-sharing payments to ISIS so that LCS’s customers would pay ISIS the amounts owed under LCS’s agreement with ISIS, while LCS discounted the prices it charged to the customers to reimburse them. To ensure that LCS’s customers did not underpay ISIS, LCS agreed to provide ISIS with periodic sales reports, which ISIS could use to verify that LCS’s customers were paying the amounts owed under the terms of LCS’s agreement with ISIS.
- To further conceal the arrangements, Lafarge and LCS executives attempted to require ISIS not to include the name “Lafarge” on the documents memorializing and implementing their agreements.
- Many of the Lafarge and LCS executives involved in the scheme used personal email addresses, rather than their corporate email addresses, to carry out of the conspiracy.
- In October 2014, as a condition of paying an intermediary for having negotiated with ISIS and other armed groups, Lafarge and LCS executives required the intermediary to sign an agreement terminating his agreement to provide services to LCS. Critically, the Lafarge and LCS executives backdated the termination agreement to Aug. 18, 2014, a date shortly after the United Nations Security Council had issued a resolution calling on member states to prohibit doing business with ISIS and ANF, to falsely suggest that he had not been negotiating with ISIS on behalf of LCS after the U.N. resolution.
Lafarge was eventually acquired by a competitor (the Successor Company) in a transaction that closed on July 10, 2015. Lafarge executives did not disclose LCS’s payments to ISIS and ANF to the Successor Company during pre-acquisition diligence meetings, and the Successor Company conducted neither pre- nor post-acquisition due diligence of LCS’s operations in Syria, which had terminated by the time the transaction closed. Lafarge, LCS and the Successor Company also did not self-report the conduct or fully cooperate in the investigation.
Lafarge and its subsidiary pleaded guilty to conspiring to provide material support to designated foreign terrorist organizations and admitted to negotiating with and paying armed groups and terrorists, negotiating revenue-sharing agreements with ISIS to seek economic advantage, and concealing their payments, falsified records, and backdated contracts.
The FBI’s New York Joint Terrorism Task Force is investigating the case. The Justice Department’s Office of International Affairs provided critical assistance in this case. The Department also appreciates the significant cooperation and assistance provided by the French, Moroccan and Lebanese authorities.
Assistant U.S. Attorneys Allon Lifshitz, Alexander A. Solomon, Ian C. Richardson, and Joshua Hafetz for the U.S. Attorney’s Office’s National Security and Cybercrime Section are prosecuting the case, with valuable assistance provided by Assistant U.S. Attorneys Artemis Lekakis, J. Matthew Haggans, and Lauren A. Bowman and Trial Attorneys Bridget Behling and Jennifer Levy of the National Security Division’s Counterterrorism Section.
Lafarge Plaide Coupable Quant À Sa Conspiration Ayant Permis De Fournir Une Aide Important À Des Organisations Terroristes ÉtrangèresRead the Press Release
BROOKLYN, NY – Plus tôt aujourd’hui, dans la cour fédérale de Brooklyn, New York, Lafarge S.A. (Lafarge), un fabricant mondial de matériaux de construction dont le siège est situé en France, et Lafarge Cement Syria, S.A. (LCS), une filiale de Lafarge dont le siège est situé en Syrie, ont plaidé coupables concernant l’unique chef d’informations criminelles les accusant d’avoir conspiré pour fournir une aide et des ressources importantes à l’État islamique d’Irak et du Shâm (ISIS) et au Front al-Nosra (ANF), tous deux désignés comme des organisations terroristes étrangères par les États-Unis. Immédiatement après les plaidoyers de culpabilité des défendeurs ce matin, le Juge de District des États-Unis William F. Kuntz, II a condamné les défendeurs à une probation et à payer les sanctions financières, comprenant des amendes criminelles à hauteur de 90,78 millions de dollars et une confiscation de 687 millions de dollars, totalisant 777,78 millions de dollars.
Les accusations ont fait suite au plan des défendeurs de payer l’ISIS et l’ANF en échange de la permission d’exploiter une usine de ciment en Syrie d’août 2013 à octobre 2014, ayant permis à LCS d’obtenir environ 70,30 millions de dollars de recettes.
Breon Peace, Procureur des États-Unis pour le District Est de New York ; Lisa O. Monaco, Procureure générale adjointe des États-Unis ; Matthew G. Olsen, Procureur général adjoint de la Division de Sécurité Nationale du Département de la Justice des États-Unis ; et Michael J. Driscoll, directeur en charge adjoint au Bureau de terrain de New York du Federal Bureau of Investigation (FBI), Michael Alfonso, agent en charge spécial par intérim, Homeland Security Investigations, New York (HSI) ; et Keechant L. Sewell, Commissaire, New York City Police Department (NYPD) ont annoncé les plaidoyers de culpabilité.
« En pleine guerre civile, Lafarge a fait le choix impensable de mettre de l’argent entre les mains de l’ISIS, l’une des organisations terroristes les plus barbares de la planète, afin de pouvoir continuer à vendre du ciment », a déclaré Me Peace, Procureur des États-Unis. « Lafarge n’a pas fait cela simplement en échange de la permission d’exploiter son usine de ciment, ce qui aurait déjà été suffisamment préjudiciable, elle l’a aussi fait pour tirer parti de sa relation avec l’ISIS à des fins économiques, demandant l’aide de cette organisation pour porter un coup à sa concurrence en échange d’une part de ses ventes. Aujourd’hui, Lafarge a admis et assumé la responsabilité de son crime ahurissant. Jamais auparavant une entreprise n’avait été accusée de fournir une aide et des ressources importantes à des organisations terroristes étrangères. Cette accusation et cette résolution sans précédent reflètent les crimes extraordinaires commis et démontrent que les entreprises qui agissent en infraction de nos intérêts de sécurité nationale et violent ainsi la loi devront rendre des comptes. »
« Comme le démontre le plaidoyer de culpabilité d’aujourd’hui, Lafarge a été motivée par l’avidité et son intérêt personnel lorsqu’elle a fermé les yeux sur les horreurs du terrorisme et a sciemment conspiré pour financer ces organisations terroristes. Les entreprises ne sont pas différentes des individus ; si vous financez le terrorisme, vous ferez face aux conséquences. Le résultat d’aujourd’hui devrait servir d’exemple aux autres ; si vous souhaitez financer le mal, peu importe que vous soyez un individu ou une entité plus vaste, la Joint Terrorism Task Force (Équipe conjointe d’intervention contre le terrorisme) du FBI et nos partenaires chargés de l’application de la loi continueront de démontrer un engagement implacable pour protéger notre nation et vous traduire en justice », a déclaré Me Driscoll, directeur en charge adjoint du FBI.
« Homeland Security Investigations (HSI) est fière de se tenir aux côtés de la Joint Terrorism Task Force (Équipe conjointe d’intervention contre le terrorisme) dans cette affaire sans précédent alors que nous demandons des comptes à des sociétés privées pour connaître leur complicité dans la mort et la destruction causées par l’ISIS et l’ANF. La guerre requiert de l’argent, et Lafarge a payé des terroristes, alimentant le feu pour protéger ses propres profits », a déclaré Me Alfonso, agent en charge spécial par intérim de HSI New York. « Travailler sciemment avec une organisation terroriste étrangère responsable de la mort d’innombrables soldats américains à des fins monétaires constitue un acte méprisable qui mérite la plus forte peine en vertu de la loi. Le plaidoyer de culpabilité historique d’aujourd’hui envoie un message fort aux entreprises du monde entier : nous ne vous laisserons pas tirer profit des méfaits commis par l’ISIS. Nous ne vous laisserons pas déshonorer la mémoire des personnes tuées par ce groupe barbare. »
« Les plaidoyers de culpabilité monumentaux d’aujourd’hui démontrent l’importance de notre travail continu pour lutter contre le genre de terrorisme transnational qui représente une menace importante à l’échelle nationale et dans le monde entier », a déclaré M. Sewell, Commissaire du NYPD. « Une fois encore, nos puissantes relations chargées de l’application de la loi ont collaboré dans cette enquête pour aller aussi loin que nécessaire afin d’assurer la justice et de nous protéger du danger. Je suis extrêmement fier, aujourd’hui, de nos enquêteurs du NYPD, du Procureur des États-Unis pour le District Est, de la Joint Terrorism Task Force du FBI à New York, de Homeland Security Investigations, et de tous ceux, ici et à l’étranger, qui se sont entraidés au fil du temps pour suivre cette affaire importante. »
Les Défendeurs ont négocié avec des groupes armés et des terroristes rémunérés
D’environ mai 2010 à septembre 2014, Lafarge, via LCS, a exploité une usine de ciment dans la région de Jalabiyeh en Syrie du Nord (l’« Usine de ciment de Jalabiyeh ») que Lafarge avait construite pour un coût d’environ 680 millions de dollars. Après le début de la guerre civile syrienne en 2011, Lafarge et LCS ont négocié des accords pour payer des factions armées de la guerre civile afin de protéger les employés de LCS, pour assurer un fonctionnement continu de l’Usine de ciment de Jalabiyeh et obtenir un avantage économique par rapport à leurs concurrents sur le marché syrien du ciment.
Comme les cadres de Lafarge l’ont clairement indiqué dans des e-mails récents, leurs motifs étaient principalement économiques. Les cadres de LCS ont acheté les matières premières nécessaires pour fabriquer du ciment auprès de fournisseurs contrôlés par l’ISIS ; versé des « dons » mensuels à des groupes armés, y compris l’ISIS et l’ANF, afin que les employés, clients et fournisseurs puissent traverser les postes de contrôle des groupes armés sur les routes autour de l’Usine de ciment de Jalabiyeh ; et finalement accepté de verser des paiements à l’ISIS sur la base du volume de ciment que LCS vendait à ses clients, que les cadres de Lafarge et LCS ont assimilé au paiement de « taxes ».
Les Défendeurs ont négocié des accords de partage de recettes avec l’ISIS et cherché un avantage économique
Les cadres de Lafarge et LCS ont intentionnellement structuré leurs accords avec l’ISIS pour rémunérer l’organisation terroriste sur la base de la quantité de ciment que LCS avait réussi à vendre – dans les faits, un accord de partage de recettes – pour inciter le groupe terroriste à agir dans l’intérêt économique de LCS.
À titre de condition pour conclure cet accord de partage de recettes, les cadres de Lafarge et LCS ont demandé de l’aide à l’ISIS pour imposer des coûts aux concurrents vendant du ciment turc importé en Syrie du Nord, qui était souvent vendu moins cher que le ciment produit à l’Usine de ciment de Jalabiyeh. Les cadres de LCS ont indiqué clairement aux intermédiaires négociant avec l’ISIS que, en échange du paiement par LCS de 750 livres syriennes à l’ISIS pour chaque tonne de ciment vendu, ils s’attendaient à ce que l’ISIS prenne des mesures à l’encontre des concurrents de LCS, soit en arrêtant la vente de ciment turc importé concurrent dans les zones sous le contrôle de l’ISIS, soit en imposant des taxes sur le ciment concurrent de manière à permettre à LCS d’augmenter les prix auxquels elle vendait le ciment.
D’août 2013 à octobre 2014, Lafarge et LCS ont payé à l’ISIS et l’ANF, via des intermédiaires, l’équivalent d’environ 5,92 millions de dollars, consistant en des versements de « dons » mensuels fixes à l’ISIS et l’ANF, des paiements aux fournisseurs contrôlés par l’ISIS pour acheter des matières premières et des paiements variables basés sur la quantité de ciment vendu par LCS. Lafarge et LCS ont aussi payé l’équivalent d’environ 1,11 million de dollars à des intermédiaires tiers pour négocier avec l’ISIS et l’ANF et effectuent des paiements à ces derniers au nom de Lafarge et LCS. Par ailleurs, lorsque LCS a fini par évacuer l’Usine de ciment de Jalabiyeh en septembre 2014, l’ISIS a pris possession du ciment que LCS avait produit dans l’intérêt de la conspiration et l’a vendu à des prix qui lui auraient rapporté environ 3,21 millions de dollars. En conséquence du plan, LCS a obtenu environ 70,30 millions de dollars en recettes de ventes totales d’août 2013 à 2014. Les gains pour tous les participants à la conspiration, y compris LCS, les intermédiaires et les groupes terroristes, ont totalisé environ 80,54 millions de dollars.
Les Défendeurs ont dissimulé leurs paiements, falsifié leurs registres et antidaté les contrats
Les cadres de Lafarge et LCS ont aussi activement dissimulé leur plan consistant à fournir une aide importante à l’ISIS et à l’ANF. Par exemple :
- Les cadres de Lafarge et LCS ont exigé d’intermédiaires qu’ils créent des entités commerciales avec des noms sans rapport évident avec eux-mêmes et ont créé des factures avec des descriptions fausses des services rendus qu’un intermédiaire devait soumettre à LCS.
- Les cadres de LCS ont structuré les paiements de partage de recettes à l’ISIS afin que les clients de LCS paient l’ISIS, tandis que LCS remboursait les clients en appliquant des ristournes sur les prix pratiqués avec eux. Pour assurer que les clients de LCS ne sous-payent pas l’ISIS, LCS acceptait de fournir à l’ISIS des rapports de ventes périodiques, que l’ISIS pouvait utiliser pour vérifier que les clients de LCS payaient les montants dus en vertu des termes de l’accord de LCS avec l’ISIS.
- Pour dissimuler davantage leurs arrangements, les cadres de Lafarge et LCS ont tenté d’exiger de l’ISIS qu’elle n’inclue pas le nom « Lafarge » sur les documents commémorant et exécutant leurs accords.
- Bon nombre des cadres de Lafarge et LCS impliqués dans le plan utilisaient des adresses e-mail personnelles, plutôt que leurs adresses e-mail d’entreprise, pour mener à bien la conspiration.
- En octobre 2014, en guise de condition pour payer un intermédiaire afin de négocier avec l’ISIS et d’autres groupes armés, les cadres de Lafarge et LCS ont exigé de celui-ci qu’il signe un accord résiliant son acceptation de fournir des services à LCS. Point crucial, les cadres de Lafarge et LCS ont antidaté l’accord de résiliation au 18 août 2014, soit juste après l’émission par le Conseil de sécurité des Nations Unies d’une résolution appelant les États membres à interdire la réalisation d’affaires avec l’ISIS et l’ANF, afin de faussement suggérer que l’intermédiaire ne négociait pas avec l’ISIS au nom de LCS après la résolution de l’ONU.
Lafarge a fini par être acquise par un concurrent (la « Société successeur ») dans une transaction conclue le 10 juillet 2015. Les cadres de Lafarge n’ont pas divulgué les paiements de LCS à l’ISIS et à l’ANF à la Société successeur pendant les réunions de diligence d’acquisition, et la Société successeur n’a mené un processus de diligence raisonnable ni avant l’acquisition, ni après, concernant les opérations de LCS en Syrie, qui s’étaient arrêtées au moment de la conclusion de la transaction. Lafarge, LCS et la Société successeur n’ont pas non plus déclaré d’elles-mêmes leur conduite ou pleinement coopéré dans le cadre de l’enquête du Bureau.
L’enquête a été menée par la Joint Terrorism Task Force du FBI à New York. La position du gouvernement est gérée par la Section Sécurité Nationale et Cybercrime du Bureau. Les Procureurs adjoints des États-Unis Allon Lifshitz, Alexander A. Solomon, Ian C. Richardson et Joshua Hafetz ont mené l’enquête et la procédure, avec l’aide fournie par les Procureurs adjoints des États-Unis Artemis Lekakis, J. Matthew Haggans et Lauren A. Bowman, et les Avocates plaidantes Bridget Behling et Jennifer Levy de la Section Antiterrorisme de la Division de Sécurité Nationale.
L’Office of International Affairs de la Division Criminelle du Département de la Justice a fourni une assistance cruciale dans cette affaire. Le Département apprécie également la coopération et l’aide considérables apportées par les autorités françaises, marocaines et libanaises.
Les Défendeurs :
Lafarge S.A.
Paris, FranceLafarge Cement Syria S.A.
Damas, SyrieDossier de l’E.D.N.Y. n° 22-CR-444 (WFK)
Lander Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
Acting United States Attorney Nicholas Vassallo announced today that IAN JOSIAH TIMBANA, age 34, of Lander, Wyoming, was sentenced by United States Federal District Court Judge Nancy D. Freudenthal for assault resulting in serious bodily injury. Timbana was sentenced to 30 months’ imprisonment with three years of supervised release and was ordered to pay $29,998.33 in restitution and a $100 special assessment.
On December 7, 2021, law enforcement responded to a call for service at a residence on the Wind River Indian Reservation. At the scene, law enforcement located a woman with facial fractures who had been assaulted by Timbana.
This crime was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs. Assistant United States Attorney Michael J. Elmore prosecuted the case.
Case No. 22-cr-00064-NDF
Justice Department Files Multiple Lawsuits to Stop the Illegal Sale of Unauthorized Vaping ProductsRead the Press Release
The United States filed complaints against six companies and related individuals to stop the illegal manufacture and sale of unauthorized vaping products, the Department of Justice announced today.
In civil complaints and accompanying court papers filed in U.S. District Court, the government alleges that the defendants illegally manufacture and sell electronic nicotine delivery system (ENDS) products, including finished “e-liquids,” or liquids that contain nicotine and colorings, flavorings and/or other ingredients.
The complaints allege that the defendants caused tobacco products to become adulterated and misbranded while held for sale after shipment of one or more of their components in interstate commerce, and that they continued to manufacture, sell and distribute the adulterated and misbranded tobacco products despite receiving warning letters from the FDA that they were violating the law.
These actions are the first seeking to enjoin manufacturers of ENDS products for violations of the premarket review requirements of the federal Food, Drug and Cosmetic Act (FDCA).
“These cases are an important step in stopping the illegal sale of unauthorized electronic nicotine delivery system products,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work closely with FDA to stop the distribution of illegal, unauthorized tobacco products.”
“Today’s enforcement actions represent a significant step for the FDA in preventing tobacco product manufacturers from violating the law,” said Brian King, Ph.D., M.P.H., Director of the FDA’s Center for Tobacco Products. “The FDA is committed to acting swiftly when we are made aware of these violations. We will not stand by as manufacturers repeatedly break the law, especially after being afforded multiple opportunities to comply.”
“It’s important that businesses — large and small — take the necessary steps to comply with federal regulations that are put in place to ultimately protect the consumer, especially with regard to potentially harmful products,” said U.S. Attorney Peter D. Leary for the Middle District of Georgia. “Our office will enforce statutes intended to keep the citizens of the Middle District of Georgia safe.”
“Not only were the Super Vape’z shops selling potentially adulterated tobacco products, they sold vapes to underage kids,” said U.S. Attorney Nick Brown for the Western District of Washington. “The owners were told repeatedly that they needed to obtain FDA approval for their tobacco products, but they refused to take that step. The Department of Justice is filing suit to protect the public.”
The lawsuits announced today were filed against defendants in six states:
- Seditious Vapours LLC, a Phoenix-based company, and its owner Matthew D. Berger, filed in the District of Arizona;
- Vapor Craft LLC, based in Columbus, Georgia, and its owner Melissa D. Anderson, filed in the Middle District of Georgia;
- Lucky’s Convenience & Tobacco LLC, of Wichita, Kansas, and its majority owners Kevin H. Nguyen and Thomas Rogers, filed in the District of Kansas;
- Morin Enterprises Inc. and its owner Kevin Morin, operating multiple locations in Minnesota, and filed in the District of Minnesota;
- Super Vape’z LLC, based in Lakewood, Washington, and its co-owners Marco Hoffman and Heydee Hoffman, and general manager Judith A. Cramer, filed in the Western District of Washington;
- Soul Vapor LLC, of Princeton, West Virginia, and its owner Aurelius Jeffrey, filed in the Southern District of West Virginia.
Each of the defendants manufactured and sold ENDS products after receiving notice of the need to first obtain FDA marketing authorizations. The defendants did not attempt to obtain FDA authorization for their tobacco products at issue.
Senior Litigation Counsel Christina Parascandola, Senior Trial Attorney Stephen C. Tosini and Trial Attorneys Ellen Bowden McIntyre and Joshua Browning of the Justice Department’s Civil Division’s Consumer Protection Branch; and Assistant U.S. Attorney Todd P. Swanson for the Middle District of Georgia, Assistant U.S. Attorney Brian Vanorsby for the District of Kansas, Assistant U.S. Attorney Kristen E. Rau for the District of Minnesota, Assistant U.S. Attorney Ashley C. Burns for the Western District of Washington and Assistant U.S. Attorney Jennifer Mankins for the Southern District of West Virginia are handling the cases, with assistance from Jonathan Silberman, Danli Song and William Thanhauser for Department of Health and Human Services’ Office of General Counsel.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.
The claims made in the complaints are allegations that, if the cases were to proceed to trial, the government must prove by a preponderance of the evidence.
Justice Department Announces New Charges, Convictions, and Sentencings in Ongoing Initiative Targeting Pandemic Relief FraudRead the Press Release
The Department of Justice announced today new criminal charges, convictions, and sentences as part of its ongoing initiative to prosecute fraud in connection with various pandemic relief programs under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL) program, as well as other crimes relating to the COVID-19 pandemic.
“The Criminal Division and our partners are committed to identifying and holding accountable those who exploit the COVID-19 pandemic for their own gain,” said Assistant Attorney General Kenneth A. Polite, Jr., of the Justice Department’s Criminal Division. “As these cases demonstrate, we are unwavering in our determination to prosecute those who have defrauded relief programs meant to help struggling Americans during the pandemic.”
The following new charges are announced today:
United States v. Amber Singleton and Emanuel Tucker
On Sept. 9, Amber Singleton, 42, and Emanuel Tucker, 42, both of Canyon Lake, California, were charged in the Central District of California by indictment with conspiracy to commit wire fraud and bank fraud, wire fraud, bank fraud, conspiracy to commit money laundering, and money laundering for their roles in an alleged scheme to obtain $15.9 million in PPP and EIDL funds through fraud.
According to court documents, from in or around April 2020 to in or around April 2022, Singleton, Tucker, and other co-conspirators allegedly submitted 41 fraudulent PPP loan applications and 13 fraudulent EIDL applications on behalf of various companies that they owned and controlled. These applications allegedly contained material misrepresentations about the companies, including the number of employees, average monthly payroll, gross revenue, cost of goods, and supporting documents.
The top count carries a maximum penalty of 30 years in prison. If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI; Small Business Administration, Office of Inspector General (SBA-OIG); Internal Revenue Service, Criminal Investigation (IRS-CI); Federal Deposit Insurance Corporation, Office of Inspector General (FDIC-OIG); Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau, Office of Inspector General (FRB-CFPB OIG); Treasury Inspector General for Tax Administration (TIGTA); and Department of Education, Office of Inspector General (DOE-OIG) are investigating the case.
Fraud Section Trial Attorneys Joshua Debold and Edward Emokpae and Assistant U.S. Attorney Valerie Makarewicz for the Central District of California are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
United States v. Dumarsais Blaise and Alexander Blaise
On May 19, Dumarsais Blaise, 45, of Stonecrest, Georgia, and Alexander Blaise, 41, of Plantation, Florida, were charged in the Southern District of Florida by indictment with conspiracy to commit wire fraud, wire fraud, conspiracy to commit money laundering, and money laundering for their roles in an alleged scheme to obtain $1.6 million in PPP funds through fraud.
According to court documents, beginning in or around May 2020, Dumarsais Blaise, a tax preparer, and Alexander Blaise allegedly conspired to fraudulently obtain PPP loans for companies that did not actually exist.
The top count carries a maximum penalty of 20 years in prison. If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FDIC-OIG and FBI’s Miami Division are investigating the case. Fraud Section Trial Attorney Edward Emokpae and Assistant U.S. Attorney Kiran Bhat for the Southern District of Florida are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
United States v. Karen Sarkisyan, Gayk Akhsharumov, and Babken Chalkadryan
On Sept. 2, Karen Sarkisyan, 42, of Glendale, California, Gayk Akhsharumov, 38, of Sherman Oaks, California, and Babken Chalkadryan, 38, of Van Nuys, California, were each charged in the Central District of California by indictment with conspiracy to commit wire fraud, wire fraud, conspiracy to commit health care fraud, health care fraud, conspiracy to commit money laundering, and money laundering for their roles in an alleged scheme to submit false Medicare claims. Sarkisyan and Akhsharumov were also charged with wire fraud and theft of government property for their roles in an alleged scheme to fraudulently obtain PPP funds.
According to court documents, from in or around January 2018 to in or around May 2021, the defendants allegedly used two Los Angeles-based hospice companies, San Gabriel Hospice & Palliative Care Inc. (San Gabriel Hospice) and Broadway Hospice Inc., to submit over $9 million in false and fraudulent claims to Medicare. Additionally, Sarkisyan and Akhsharumov allegedly submitted fraudulent PPP loan applications on behalf of San Gabriel Hospice to the SBA and to a financial institution and misused approximately $91,483 in other COVID-19 relief funds.
The top count carries a maximum penalty of 20 years in prison. If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Department of Health and Human Services, Office of Inspector General (HHS-OIG) and the FBI are investigating the case. Fraud Section Trial Attorneys Patrick J. Queenan and Alexandra Michael are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The following convictions and sentencings are announced today:
United States v. Marque Willard Johnson
On Sept. 15, Marque Willard Johnson, 40, of Tampa, Florida, pleaded guilty in the Middle District of Florida to bank fraud and money laundering as part of a scheme to fraudulently obtain $544,900 in PPP and EIDL funds.
According to court documents, in or around April 2020, June 2020, and January 2021, Johnson applied for one PPP loan and six EIDL loans in connection with two companies that he controlled, falsely claiming that he had large monthly payrolls. Johnson successfully obtained three loans. On the loan applications, Johnson provided false and fraudulent representations concerning the financial condition of his companies and the intended purposes for the loans.
The top count carries a maximum penalty of 30 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
IRS-CI is investigating the case. Fraud Section Senior Litigation Counsel John Michelich is prosecuting the case.
United States v. Samuel Yates
On Sept. 8, Samuel Morgan Yates, 35, of Maud, Texas, was sentenced to 68 months in prison in the Eastern District of Texas prison for a $5.5 million PPP loan fraud scheme.
According to court document, Yates made two fraudulent applications to two different lenders for PPP loans guaranteed by the SBA. In one application, Yates sought $5 million in PPP loan proceeds by fraudulently claiming to have over 400 employees with an average monthly payroll of more than $2 million. In the second application, Yates claimed to employ over 100 individuals and was able to obtain a loan of over $500,000. With each application, Yates submitted a list of purported employees that he obtained from a publicly available random name generator online. He also submitted forged tax documents with each application.
The SBA-OIG and U.S. Postal Service, Office of Inspector General (USPS-OIG) investigated the case. Fraud Section Trial Attorney Louis Manzo and Criminal Chief Frank Coan and Assistant U.S. Attorney Jonathan R. Hornok for the Eastern District of Texas prosecuted the case.
United States v. Lisa Hammell
On Aug. 8, Lisa Hammell, 39, of Turnersville, New Jersey, pleaded guilty in the District of New Jersey to conspiracy to defraud the United States and fraud in connection with identification documents as part of a fraudulent COVID-19 vaccination record cards scheme.
According to court documents, from in or around March 2021 to in or around April 2022, Hammell sold fraudulent COVID-19 vaccination record cards that she designed herself. Hammell also printed dozens of fraudulent cards while working at a post office. In total, Hammell sold at least 400 fraudulent COVID-19 vaccination cards.
The top count carries a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The USPS-OIG, FBI, and Department of the Interior, Office of Inspector General (DOI-OIG) are investigating the case. Fraud Section Trial Attorneys Kelly M. Lyons and Darren C. Halverson are prosecuting the case.
United States v. Juan Nava Ruiz and Eric Frank
On June 21, Eric Frank, 48, of Coral Springs, Florida, was sentenced to 24 months in prison, and Juan Nava Ruiz, 46, also of Coral Springs, was sentenced to 22 months in prison in the Southern District of Florida for conspiracy to solicit and receive health care kickbacks.
According to court documents, from in or around December 2018 to in or around June 2020, Frank and Ruiz brokered patient referrals for medically unnecessary genetic testing and respiratory pathogen testing bundled with COVID-19 testing to laboratories in exchange for kickbacks.
The FBI and HHS-OIG investigated the case. Fraud Section Trial Attorney Jamie de Boer prosecuted the case.
United States v. Ranna Shamiya and Jaimi Jansen
On Sept. 28, Ranna Shamiya, 41, of Ukiah, California, and Jaimi Jansen, 40, of Santa Cruz, California, were each sentenced to three years of probation in the Northern District of California to making false statements related to health care matters as part of a COVID-19 health care fraud scheme.
According to court documents, from in or around April 2021 to in or around July 2021, the defendants aided and abetted a scheme by a California-licensed naturopathic doctor to sell homeoprophylaxis immunization pellets and to falsify COVID-19 vaccination cards by making it appear that customers had received U.S. Food and Drug Administration (FDA) authorized vaccines.
The HHS-OIG, FBI, and FDA’s Office of Criminal Investigations (FDA-OCI) investigated the cases. Fraud Section Trial Attorney Babu Kaza and Assistant U.S. Attorneys Katherine Lloyd-Lovett and Kristina Green for the Northern District of California prosecuted the cases.
United States v. Scott Davis
On May 27, Scott Davis, 46, of Harris County, Texas, pleaded guilty in the Southern District of Texas to wire fraud as part of a scheme to fraudulently obtain $3.3 million in PPP funds.
According to court documents, from in or around April 2020 to in or around May 2020, Davis submitted three PPP loan applications fraudulently representing that three of his fake business entities had 113 employees and monthly payroll of $233,469; 87 employees and monthly payroll of $387,000; and 138 employees and monthly payroll of $718,256, respectively.
Davis faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI and SBA-OIG are investigating the case. Fraud Section Trial Attorney Edward Emokpae is prosecuting the case.
United States v. Gustavo Geraldes
On April 28, Gustavo Geraldes, 39, of Miami, Florida, pleaded guilty in the Southern District of Florida to conspiracy to offer and pay healthcare kickbacks as part of a COVID-19 health care fraud scheme.
According to court documents, from on or about Oct. 27, 2020, to on or about Nov. 30, 2020, Geraldes conspired to pay kickbacks to an intermediary who arranged for telemedicine providers to authorize medically unnecessary genetic testing orders for tests to be performed at laboratories owned by Geraldes. The scheme exploited temporary amendments to telehealth restrictions enacted during the COVID-19 pandemic, which were intended to expand access to care for Medicare recipients by making it easier for beneficiaries to receive necessary medical care from home. Geraldes and his co-conspirators took advantage of these waivers by using telehealth providers to authorize thousands of medically unnecessary genetic test orders.
Geraldes faces a maximum penalty of 5 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The HHS-OIG and FBI are investigating the case. Fraud Section Trial Attorney Ligia Markman is prosecuting the case.
United States v. Darrell Thomas, et al.
Between Jan. 4, 2021, and Aug. 31, 2022, 13 defendants were sentenced and another five pleaded guilty in the Northern District of Georgia for their roles in a scheme to fraudulently obtain over $12 million in PPP and EIDL funds.
According to court documents, from in or around April 2020 through in or around August 2020, the defendants and their co-conspirators submitted at least 14 fraudulent loan applications totaling more than $14.7 million, including approximately $11.1 million in fraudulent PPP loans, more than $1.15 million in fraudulent EIDL loans, and more than $2.4 million in fraudulent automobile loans. In the loan applications, the conspirators fraudulently certified that each applicant business was in operation on Feb. 15, 2020, and had employees for whom it paid salaries and payroll taxes or that it paid independent contractors; that the funds would be used to retain workers and maintain payroll or to make mortgage interest payments, lease payments, and utility payments; and that the information provided in the application and in all supporting documents was true and accurate in all material respects. In the PPP loan applications, each business reported that it had approximately 60 employees and approximately $300,000 in average monthly payroll expenses, when, in fact, most of the businesses existed only largely on paper. To support these payroll figures, each business’s loan application was accompanied by a fraudulent IRS Form 941.
After the PPP loan proceeds were deposited into the businesses’ accounts, the conspirators distributed the funds through a series of transactions that were devised to disguise the origins of the funds and how the funds were spent. The conspirators used the PPP loan proceeds to purchase, among other things, luxury goods, including two Range Rovers, an Acura NSX, and a Mercedes Benz S-Class S65 AMG.
The following 12 defendants were sentenced:
Darrell Thomas, 36, of Johns Creek, Georgia, was sentenced to 15 years in prison.
Charles Petty, aka Charles Knight, 49, of Stone Mountain, Georgia, was sentenced to three years and 10 months in prison.
Khalil Gibran Green Sr., 47, of Cleveland, Ohio, was sentenced to three years and five months in prison.
Bern Benoit, 45, of Burbank, California, was sentenced to two years and three months in prison.
Charmaine Redding, 28, of Macomb, Michigan, was sentenced to two years and three months in prison.
Charles Hill, IV, 46, of Norcross, Georgia, was sentenced to five years of probation, including the first 27 months on home detention.
Andre Lee Gaines, 67, of Dallas, Georgia, was sentenced to five years of probation.
Denesseria Slaton, 53, of McDonough, Georgia, was sentenced to three years and 10 months in prison.
Amanda Christian, 34, of Blythewood, South Carolina, was sentenced to three years and five months in prison.
Derek Parker, 57, of Rochester Hills, Michigan, was sentenced to one year and six months in prison.
Rick McDuffie, 51, of Little Rock, South Carolina, was sentenced to two years in prison.
David Belgrave, 50, of Lexington, South Carolina, was sentenced to nine months in prison.
Ryan Whittley, 35, of South Holland, Illinois, was sentenced to one year and nine months in prison.
The following six defendants pleaded guilty:
Dwan Ashong, aka Dwan Gilpin, 41, of Jacksonville, Florida, pleaded guilty to conspiracy to commit money laundering.
El Hadj Sall, 40, of Jacksonville, Florida, pleaded guilty to conspiracy to commit wire fraud.
Megan Thomas, 33, of Alpharetta, Georgia, pleaded guilty to conspiracy to commit wire fraud.
Ricky Dixon, 53, of Warren, Michigan, pleaded guilty to aggravated identity theft and conspiracy to commit money laundering.
Jesika Blakely, 34, of Atlanta, Georgia, pleaded guilty to conspiracy to commit money laundering.
The FBI, IRS-CI, and TIGTA are investigating these cases. Fraud Section Trial Attorney Siji Moore and Assistant U.S. Attorneys Tal Chaiken and Nathan Kitchens for the Northern District of Georgia are prosecuting the cases.
The top count carries a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Fraud Section leads the Criminal Division’s efforts to combat fraud related to the COVID-19 pandemic, particularly with respect to the resources made available by Congress through the CARES Act for programs including the PPP, the EIDL, and the Provider Relief Fund. Since the CARES Act passed, Fraud Section attorneys have prosecuted more than 192 defendants in more than 121 criminal cases related to CARES Act programs and funds. The Fraud Section has also seized more than $78 million in cash proceeds derived from CARES Act-related fraud schemes, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at https://www.justice.gov/criminal-fraud/ppp-fraud.
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, 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.
Information about fake CDC COVID-19 vaccination cards can be reported to HHS-OIG by calling 1-800-HHS-TIPS or 1-800-447-8477. Anyone with information about allegations of 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.
Johnson Man Charged with Firearms and Drug Trafficking OffensesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that George Goins, 65, of Johnson, Vermont, made his initial appearance today in United States District Court. Appearing before U.S. Magistrate Judge Kevin J. Doyle, Goins pleaded not guilty to charges of possession of a firearm in furtherance of a drug trafficking crime, felon in possession of a firearm, and conspiracy to distribute fentanyl. Goins was detained pending further proceedings in the case.
According to court records, on June 8, 2022, Goins was arrested following an investigation into a shooting that occurred outside of Goins’ apartment complex in Johnson, Vermont on June 7, 2022.
In the early morning hours of June 7, 2022, the victim, who lived in the same apartment building as Goins, confronted Goins near his apartment. Goins took a handgun from his pocket, shot the victim in the neck, and fled. Law enforcement later obtained a warrant to search Goins’ apartment where they recovered a Smith & Wesson SD9 VE 9mm semi-automatic pistol. From a riverbank behind the Johnson apartment complex, investigators recovered a Smith & Wesson .40 caliber pistol. Based on the caliber and characteristics of the weapon, investigators believe that the gun found near the riverbank was used to shoot the victim. The victim was treated at a hospital for injuries and later released. Goins is prohibited from possessing firearms due to his criminal history.
On June 8, 2022, law enforcement located Goins outside of a hotel in South Burlington, Vermont. Law enforcement recovered fentanyl and cocaine base in Goins’ hotel room. Goins also had four bags of fentanyl on his person at the time of his arrest.
If convicted of the possession of a firearm in furtherance of a drug trafficking crime, Goins faces a maximum sentence of life imprisonment and up to a $250,000 fine. For the felon in possession of a firearm charge, Goins faces a maximum sentence of 10 years incarceration and up to a $250,000 fine. For the drug charge, Goins faces a maximum sentence of 20 years and up to a $1,000,000 fine. The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The United States Attorney emphasizes that the charges in the indictment are merely accusations, and that the defendant is presumed innocent unless and until he is proven guilty.
Goins also faces charges for Attempted Murder, Assault, Drug Trafficking, and other offenses in Vermont State Court. Those charges are being prosecuted by the Office of the State’s Attorney for Lamoille County.
This case is being investigated by the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Vermont State Police, the Lamoille County Sherriff’s Department, the Morristown Police Department, the South Burlington Police Department, and the Burlington Police Department. The United States is represented by Assistant U.S. Attorney Zachary Stendig. Goins is represented by Federal Public Defender Michael L. Desautels.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
Jackson Wastewater Hauler Pleads Guilty to Clean Water Act ViolationRead the Press Release
Jackson, Miss. – An employee of Partridge-Sibley Industrial Services, Inc., a wastewater hauling business based in Jackson, Mississippi, pled guilty today for his part in illegally discharging industrial waste into the Jackson sewer system, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Charles Carfagno with the U.S. Environmental Protection Agency, Region 4.
During court today, William Roberts, 44, of Pearl, Mississippi, admitted supervising the transportation and disposal of industrial waste from Gold Coast Commodities, Inc., of Brandon, Mississippi, to a site at a commercial entity in Jackson, which, as a result of his negligence, caused the waste to be trucked and hauled to a facility that was not a legal discharge point designated by the Jackson Wastewater Treatment System to receive the waste.
Roberts entered his guilty plea before United States Magistrate Judge F. Keith Ball at the Thad Cochran United States Courthouse in Jackson. Roberts will be sentenced on December 14, 2022 at 2:30 p.m. The federal judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
“The defendant’s negligent conduct contributed to the discharge of millions of gallons of untreated industrial waste into the Jackson water system,” said Special Agent in Charge Chuck Carfagno, of EPA-CID Southeast Area Branch. “EPA and its law enforcement partners will vigorously investigate and prosecute those who deliberately violate our nations environmental laws.”
The case was investigated by the Environmental Protection Agency, Criminal Investigation Division, the Federal Bureau of Investigation, Brandon Police Department, and the Mississippi Department of Environmental Quality, with cooperation from City of Brandon and City of Jackson municipal governments.
The case is being prosecuted by Assistant United States Attorney Gaines Cleveland.
Jackson Man Sentenced to 15 Years in Prison for Being a Convicted Felon in Possession of a FirearmRead the Press Release
Jackson, Miss. – A Jackson man was sentenced to 180 months in prison for possession of a firearm by a convicted felon, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to court documents, Benjamin Demon McAbee, 42, was found in possession of a firearm by officers of the Jackson Police Department on October 27, 2020. McAbee has prior felony convictions for both violent and non-violent offenses. As a convicted felon, it is contrary to federal law for him to possess any firearm.
McAbee was indicted by a federal grand jury on November 17, 2020, and pled guilty on July 21, 2022, to possession of a firearm by a convicted felon. His lengthy sentence is due to the number and nature of his prior felony convictions.
The ATF and the Jackson Police Department investigated the case.
Assistant U.S. Attorney Jessica S. Terrill prosecuted the case.
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.
Hartford Man Sentenced to 3 Years in Prison for Offenses Stemming from Warehouse Theft of GunsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and James Ferguson, Special Agent in Charge, ATF Boston Field Division, announced that SHAMEIK CAMARA, 32, of Hartford, was sentenced today by U.S. Circuit Judge Sarah A. L. Merriam in Bridgeport to 36 months of imprisonment, followed by three years of supervised release, for offenses stemming from the theft of numerous firearms from a South Windsor warehouse last year.
According to court documents and statements made in court, in August 2021, a shipment of 50 Zigana, Model PX-9G2 pistols was stolen from R&L Carriers, a national freight shipping company with a warehouse located at 540 Sullivan Avenue in South Windsor. Even though R&L employees were aware of the theft shortly after it occurred in mid-August, they did not notify law enforcement. Officials at R&L carriers reported the theft to law enforcement on September 16, 2021. In October 2021, investigators identified Camara after seeing Facebook Marketplace and Offer Up posts selling high-end speakers and sports trading cards that were similar to items stolen from the R&L warehouse at about the same time of the firearm shipment theft.
Camara was arrested on October 28, 2021. At this time of his arrest, he possessed two firearms, one of which was a Zigana pistol taken during the theft in August 2021.
Camara was previously convicted of felony offenses. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
On June 14, 2022, Camara, who is detained, pleaded guilty to one count of possession of firearm by a felon, and one count of receipt and possession of items from an interstate shipment.
“In August 2021, 50 firearms stolen from a South Windsor warehouse became illegal guns on the street,” said U.S. Attorney Avery. “To date, only 14 of the stolen guns have been recovered. The 36 that remain unaccounted for represent a real danger to the community until each one is recovered. I thank the ATF, South Windsor Police and our other law enforcement partners who are investigating this case, apprehending those involved, and methodically tracking down these weapons.”
“ATF recognizes that we are most successful when we work with our state, local, and federal partners,” said ATF Special Agent in Charge Ferguson. “We will continue to prioritize investigations of armed and violent felons to disrupt the cycle of violence and make our communities safer.”
This investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the South Windsor Police Department. The case is being prosecuted by Assistant U.S. Attorneys Lauren C. Clark and A. Reed Durham.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Guidance Relating to the November 2022 General ElectionRead the Press Release
GREENSBORO, NC – United States Attorney Sandra J. Hairston announced today that Assistant United States Attorney (AUSA) JoAnna McFadden will lead the efforts of her Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2022, general election. AUSA McFadden has been appointed to serve as the District Election Officer (DEO) for the Middle District of North Carolina, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
“Free and fair elections require that every eligible citizen can vote without interference or discrimination, and that election officials and staff can serve without being subject to unlawful threats of violence,” said United States Attorney Hairston. “The Department of Justice will always work tirelessly to protect the integrity of the election process. We must ensure that those who are entitled to vote can do so if they choose, and that those who seek to corrupt the voting franchise are brought to justice”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO McFadden will be on duty in this District while the polls are open. She can be reached by the public at 336-333-5351 or 336-332-6362.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 704-672-610.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/.
United States Attorney Hairston said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate. It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
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Grass Valley Man Pleads Guilty to a Fentanyl Distribution Conspiracy and other Narcotics OffensesRead the Press Release
SACRAMENTO, Calif. — Nathaniel Opondo Hubbert, 41, of Grass Valley, pleaded guilty today to a conspiracy to possess and distribute fentanyl, possession with intent to distribute fentanyl, and possession with intent to distribute heroin and methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in June 2020, Hubbert conspired with Steven Lawrence Robinson, 36, of Granite Bay, and others, to possess and distribute fentanyl in Placer County. A search of Robinson’s residence on June 2, 2020, resulted in the discovery of over 40 grams of fentanyl involved in this conspiracy. On June 24, 2020, a probation search of two hotel rooms Hubbert had rented, and a subsequent booking search of his person resulted in the discovery of methamphetamine, heroin, and additional fentanyl. Robinson and Hubbert were connected to at least one overdose of a victim who had to be given medical treatment after using drugs purchased from Hubbert.
On March 26, 2021, Robinson was sentenced to five years in prison for his role in the fentanyl trafficking conspiracy.
This case is the product of an investigation by the Drug Enforcement Administration, the Lincoln Police Department, the Placer County District Attorney’s Office, the Placer County Sheriff’s Office, and the Roseville Police Department. Assistant U.S. Attorney Adrian T. Kinsella is prosecuting the case.
Hubbert is scheduled to be sentenced by U.S. District John A. Mendez on Jan. 24, 2023. Hubbert faces a minimum statutory penalty of five years in prison and a maximum of 40 years in prison and a $5 million fine for his role in the fentanyl conspiracy and his possession of methamphetamine with intent to distribute. He faces a maximum statutory penalty of 20 years in prison and a $1 million fine possession with intent to distribute heroin and fentanyl. The actual sentence, however, will 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.
Glenburn Woman Sentenced to 20 Years on Federal Drug and Firearms ChargesRead the Press Release
BANGOR, Maine: A Glenburn woman was sentenced in U.S. District Court in Bangor today for conspiring to traffic methamphetamine and fentanyl in Penobscot and Aroostook counties and unlawfully possessing firearms, U.S. Attorney Darcie N. McElwee announced.
U.S. District Judge Lance E. Walker sentenced Danielle McBreairty, 31, to 20 years in prison followed by five years of supervised release for conspiring to distribute and possess with the intent to distribute 500 grams or more of methamphetamine and 400 grams or more of fentanyl. McBreairty was also sentenced to 10 years in prison and three years of supervised release for two counts of being an unlawful user of controlled substances in possession of a firearm, with the sentences to run concurrently.
In imposing sentence, Judge Walker referred to McBreairty as a “profiteer of poison” and an “out of control missile.”
According to court records, between September 2019 and February 2021, McBreairty conspired with others to distribute and possess with intent to distribute methamphetamine and fentanyl. As part of the conspiracy, she would obtain large quantities of the drugs from her source and distribute them throughout Penobscot and Aroostook counties. In February 2020 and again in August 2020, McBreairty, who was an unlawful user of controlled substances, was found in possession of a firearm.
The U.S. Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Maine Drug Enforcement Agency investigated the case. The Old Town and Bangor police departments assisted in the investigation. U.S. Attorney McElwee also thanked the Maine Attorney General’s Office for its cooperation in the investigation and prosecution.
The prosecution is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) Program, a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
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Four Men Charged in Connection in St. Louis Area Mail TheftsRead the Press Release
ST. LOUIS – Three men accused of federal crimes connected to the theft of mail or attempted theft of mail appeared in court Tuesday to face charges and a fourth has also been indicted.
Tahj K. Boyd, 19, of St. Louis County, and James R. Townsend, 18, of Ferguson, were indicted September 21 on one felony charge of mail theft. Their indictment says they stole mail from U.S. Postal Service collection boxes outside the Post Office at 1100 Town and Country Commons Drive in Town and Country on September 1.
Dwaundre K. Valley, 19, of Bridgeton, was indicted September 21 on three felony charges of bribery of a public official. The indictment says Valley offered three different postal carriers money for the keys that allow access to certain mail collection boxes. On March 4 he approached someone in St. Ann, Missouri, the indictment says. Valley then made similar offers on April 15 in Florissant and April 20 in Maryland Heights.
Dennis Cooperwood Jr., 19, of Country Club Hills, was indicted October 12 on one felony charge of possession of stolen mail matter. Cooperwood’s indictment accuses him of being in possession of about 179 business and personal checks on April 12 that had been taken from a collection box.
The mail theft and possession of stolen mail matter charges carry a penalty of up to five years in prison, a $250,000 fine, or both. The bribery charge is punishable by up to 15 years in prison, a $250,000 fine, or both.
Charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
“Today’s arrests are the result of the well-coordinated investigative efforts between Postal Inspectors and our local and federal law enforcement partners,” said Acting Inspector in Charge Kai Pickens, who heads the St. Louis Field Office of the U.S. Postal Inspection Service. “The Inspection Service is firmly committed to bringing to justice, those who choose to steal mail and victimize the good citizens of St. Louis.”
Chief James Cavins of the Town and Country Police Department said, “We wish to thank all of our local, state and federal law enforcement partners for the coordinated effort in bringing this investigation to a successful conclusion. This partnership is paramount to our collective success and the ability to provide closure for those affected. We will continue to work aggressively with other law enforcement organizations at all levels throughout the St. Louis region to investigate, arrest and seek charges for those who choose to engage in criminal activity.”
These cases were investigated by the U.S. Postal Inspection Service, the Town and Country Police Department, and a U.S. Marshals Service task force that includes the St. Louis County Police Department. Assistant U.S. Attorney Jonathan Clow is prosecuting the case.
Four Defendants Sentenced to Serve More Than 14 Years Collectively in Federal Prison for Firearms Offenses Last WeekRead the Press Release
Three Additional Defendants Pleaded Guilty to Firearms Crimes
OKLAHOMA CITY — Last week, four defendants were sentenced to serve a total of 177 months in federal prison, and three other defendants pleaded guilty for firearms offenses, announced U.S. Attorney Robert J. Troester.
"Keeping guns out of the hands of those who are prohibited by law from possessing guns is critical to keeping our communities safe," said U.S. Attorney Troester. "I applaud the many state, local, tribal, and federal law enforcement agencies who regularly work with prosecutors in my office in a coordinated effort to reduce violent crime in Oklahoma."
The following seven defendants appeared in federal court in separate and unrelated cases:
Sentencings:
- ROBERT LEE FISHER, 49, of Yukon, Oklahoma, was sentenced on October 11, 2022, to 14 months in federal prison. According to public record, Fisher had an active victim’s protection order (VPO) and a conviction for domestic assault and battery; he was inside a bedroom he shared with his girlfriend and in possession of a shotgun when it discharged. The round went through an adjoining bedroom wall and struck his girlfriend’s 11-year-old daughter in the arm. Fisher pled guilty on October 26, 2021. Assistant U.S. Attorney Chelsie Pratt prosecuted this case.
- WILLIAM REECE, 32, of Woodward, Oklahoma, was sentenced on October 11, 2022, to 96 months in federal prison. According to public record, Oklahoma Highway Patrol initiated a traffic stop on a vehicle in Woodward. Reece was identified as the driver and an affiliate of a local street gang. Reece was found to have a loaded magazine on his person and a firearm in his vehicle. When deciding an appropriate sentence, the Court considered a 2019 domestic violence incident that involved the defendant pointing a firearm at his girlfriend and members of her family. Reece pled guilty on January 21, 2022. Assistant U.S. Attorney Mary E. Walters prosecuted this case.
- KOURDAE AMERSON, 21, of Oklahoma City, was sentenced on October 12, 2022, to 37 months in federal prison. According to public record, this case arose from several high-speed chases that led to the arrest of three defendants. All three defendants were depicted in a live video on Facebook in possession of multiple firearms. They are also members of violent local gangs. Amerson pleaded guilty to being a drug user in possession of a firearm. Amerson pled guilty on July 12, 2021. Assistant U.S. Attorney Chelsie Pratt prosecuted this case.
- TRACI ASHFORD, 44, of Oklahoma City, was sentenced on October 14, 2022 to 30 months in federal prison. After a two-day trial, a federal jury returned a guilty verdict against Ashford. Evidence at trial showed that, on October 6, 2020, Ashford engaged in an altercation with his girlfriend, which resulted in Ashford brandishing an AK-47 style rifle. Soon after the altercation, Ashford was stopped by Oklahoma City Police Department officers who located the rifle in the backseat of the car driven by Ashford. Prior to being found in possession of the firearm, Ashford had been convicted of a felony domestic assault and battery in Oklahoma County, as well as domestic battery in Jefferson County, Arkansas. Assistant U.S. Attorneys Jacquelyn Hutzell and Travis Leverett prosecuted the case.
Guilty Pleas:
- ASA MALEY, 36, of Chandler, Oklahoma, pleaded guilty on October 13, 2022, to a single-count information charging him with being a felon in possession of firearms. According to public record, law enforcement was contacted regarding a domestic assault with a deadly weapon during which the victim’s vehicle, within approximately eight feet of her occupied residence, was shot at least six times. Maley was identified as the shooter and arrested shortly thereafter. A search warrant executed at Maley’s residence resulted in six firearms found unsecured and in plain view. Assistant U.S. Attorney Danielle Connolly is prosecuting the case.
- BRIJONRE HAMILTON, 22, of Oklahoma City, pleaded guilty on October 12, 2022, to four counts of making a false statement during the attempted purchase of a firearm. According to public record, Hamilton attempted to purchase a firearm after being told by ATF that he was a prohibited person (drug user) and could not buy guns. After being informed that he was prohibited, Hamilton tried at least four times to purchase firearms by lying on a Form 4473, which is required to purchase a firearm. Special Assistant U.S. Attorney Stephanie Powers is prosecuting the case.
- ANTHONY WOODLEY, 28, of Oklahoma City, pleaded guilty on October 14, 2022, to illegal possession of a firearm. According to public record, Woodley attacked his pregnant girlfriend, threatened her with a gun, and strangled her. Assistant U.S. Attorney Jason Harley is prosecuting the case.
Sentencings take place approximately 90 days after a plea of guilty. At sentencing, each defendant faces up to ten years in federal prison and up to a $250,000 fine, followed by three years of supervised release, for each count of illegally possessing a firearm or ammunition. Under the Bipartisan Safer Communities Act, after June 25, 2022, defendants prohibited from possessing firearms or ammunition face up to fifteen years in federal prison for the same conduct.
These cases are the result of investigations conducted by the Oklahoma City Police Department, the Woodward Police Department, the Oklahoma Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms & Explosives, with assistance from the Oklahoma County District Attorney’s Office, the Woodward County District Attorney’s Office, and the Custer County District Attorney’s Office.
Several of these cases are part of “Operation 922” and “Operation Shots Fired.” Operation 922 is the Western District of Oklahoma’s implementation of Project Safe Neighborhoods, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. “Operation 922” prioritizes prosecution of federal crimes connected to domestic violence. “Operation Shots Fired” targets cases involving individuals who discharge firearms as part of their criminal activity, such as drive-by shootings or when shots are fired during robberies, domestic disputes, or other incidents. For more information about Project Safe Neighborhoods, please visit https://justice.gov/psn and https://justice.gov/usao-wdok.
Reference is made to public filings for additional information.
Former New York Mob Hitman Sentenced to 3 Years’ Imprisonment for Escape from Orlando Half-Way HouseRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced Dominic Taddeo, Jr. (65) to 3 years in federal prison for his escape from an Orlando half-way house, to be served consecutively to his remaining term of imprisonment on other federal convictions. Taddeo had pleaded guilty to the escape on May 17, 2022.
According to court documents, on February 15, 2022, Taddeo was transferred from the Coleman Correctional Institution to a half-way house in Orlando to complete his term of incarceration for federal convictions out of the Western District of New York. Taddeo’s projected release date from the half-way house was February 2023. On March 28, 2022, Taddeo was granted a community pass to leave the half-way house for a medical appointment, but he failed to return to the half-way house as required. At the time of his arrest on April 4, 2022, Taddeo was in possession of over $5,000 cash and a driver license of a deceased individual.
This case was investigated by the United States Marshals Service, the Florida Regional Task Force, the Federal Bureau of Investigation, and the Bureau of Prisons. It was prosecuted by Assistant United States Attorney Kara M. Wick.
Former Hollywood Executive Sentenced to over 3 Years in Federal Prison for Fraudulently Obtaining $1.7 Million in COVID-Relief LoansRead the Press Release
LOS ANGELES – The former chairman and CEO of Beverly Hills-based Aviron Pictures was sentenced today to 41 months in federal prison for applying for and receiving $1.7 million in loans under the Paycheck Protection Program (PPP) for Aviron entities when the entire operation was being shuttered because of his embezzlement.
William Sadleir, 68, of Beverly Hills, was sentenced by United States District Judge Dolly M. Gee, who also ordered him to pay $282,566 in restitution.
Sadleir pleaded guilty on March 16 to one count of bank fraud and one count of money laundering.
In April 2020, Sadleir – who had been terminated from Aviron Pictures four months earlier after a major company investor discovered he had embezzled company funds – filed bank loan applications that fraudulently sought more than $1.7 million dollars in forgivable PPP loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Sadleir obtained the loans for three Aviron entities by falsely representing that the funds would be used to support payroll expenses for 33 employees at each company, when in fact the entities were no longer operational.
Within days of the loans being funded on May 1, 2020, Sadleir transferred nearly $1 million to his personal checking account.
Sadleir spent most of the fraudulently obtained loan proceeds on utility bills, mortgage expenses, and his personal lawyer. He did not use any of the fraudulent loan proceeds to pay employees of the Aviron companies.
Following the discovery of the fraudulent loan applications, federal agents seized $308,058 of fraudulent loan proceeds from an Aviron account, and Sadleir returned $1,122,090 to the bank that funded the loans. As a result of the fraudulent PPP loan scheme, the SBA suffered losses of $282,566.
On September 9, Sadleir was sentenced in the Southern District of New York to https://www.justice.gov/usao-sdny/pr/hollywood-executive-and-former-white-house-staffer-sentenced-six-years-prison 72 months in federal prison after pleading guilty to two wire fraud counts for misappropriating more than $25 million that had been invested in Aviron. Judge Gee today ordered that the sentence imposed in the Los Angeles will run concurrent to the six-year sentence in the New York case.
The FBI, the SBA’s Office of Inspector General, and the Federal Deposit Insurance Corporation’s Office of Inspector General investigated the Los Angeles matter.
Assistant United States Attorney Gregory Bernstein of the Major Frauds Section prosecuted this case.
In May 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 Justice 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.
Former 3rd Circuit State Attorney and Former Dixie County Attorney Sentenced to More Than Three Years in Prison for Extortion and Other CrimesRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced former State Attorney Jeffrey Alan Siegmeister (54, Live Oak) to 40 months in federal prison for conspiracy to use a facility of commerce for unlawful activity, conspiracy to commit extortion, wire fraud, and tax fraud. His co-defendant and former Dixie County Attorney Marion Michael O’Steen (43, Old Town) has been sentenced to 44 months in federal prison for extorting a client and for failing to file a form with the Financial Crimes Enforcement Network. As part of Siegmeister’s sentence, the court also entered an order of forfeiture in the amount of $518,803.30, which are proceeds of the wire fraud offense. As part of O’Steen’s sentence, the court entered an order of forfeiture in the amount of $60,000, which are proceeds of the extortion offense, and ordered O’Steen to pay a $45,000 fine.
A federal jury had found O’Steen guilty on June 15, 2022. Siegmeister had pleaded guilty on February 22, 2022.
According to evidence presented at trial and court documents, O’Steen was a criminal defense attorney who represented clients being prosecuted by former State Attorney Jeffrey Alan Siegmeister’s office in the Third Judicial Circuit. O’Steen requested official acts from Siegmeister—including the favorable disposition of charges filed against his client, and the delay of official actions–in order to enable O’Steen to obtain additional “fees” from at least one of his clients. On August 17, 2018, O’Steen extorted one of his clients, telling him that if the client paid him an additional $60,000, O’Steen would use up a “favor” with the state attorney to make “everything go away,” representing that O’Steen had favors with Siegmeister for which people would pay him. O’Steen told his client he could “go to trial and fight em’ out, which I don’t think you can win.” O’Steen further advised his client that he would not get the same results from another attorney.
O’Steen received two payments of $30,000 each from his client. Evidence at trial established that O’Steen knew the reporting requirements but failed to timely file a Form 8300 with the Financial Crimes Enforcement Network.
Siegmeister acknowledged having conspired with O’Steen to use a facility of commerce for unlawful activity, between approximately November 2017 and May 16, 2019, during which time O’Steen requested official acts from Siegmeister—including the favorable disposition of charges filed against his clients, and the delay of official actions in order to enable O’Steen to obtain additional “fees” from at least one of his clients—for which Siegmeister solicited bribes from O’Steen. The plea agreement provides that, on April 16, 2018, Siegmeister sent O’Steen four photographs of bulls he was selling, after the sentencing of one of O’Steen’s clients, indicating that Siegmeister expected O’Steen to purchase a bull from him in exchange for the favorable treatment Siegmeister had provided O’Steen’s client. With respect to the extortion count, O’Steen solicited Siegmeister to resolve a case against his client through pre-trial intervention (“PTI”). Siegmeister acknowledged that he made it clear to O’Steen that if O’Steen wanted his client to get a PTI agreement, O’Steen would have to buy one of Siegmeister’s bulls. On August 17, 2018, O’Steen told his client, “I can make everything go away all, your brothers, the other two nolle pros with you sign an agreement to pay their cost of investigation, you leave, you will not have to report but one time, uh, ah, I need $75,000 and everything goes away and you pay the money,” representing that O’Steen had favors with Siegmeister for which people would pay him.
Siegmeister also admitted to committing wire fraud by defrauding the probate court and the estate of a man identified by the initials “L.T.” While serving as the voluntary guardian of L.T., Siegmeister admitted to inflating the expenditures incurred by L.T. in a filing to the probate court and to diverting more than $500,000 in assets from L.T.’s estate to pay Siegmeister’s own personal expenditures in 2015 and 2016. Siegmeister also admitted that he had failed to report the diverted funds on his tax returns.
Attorney Ernest Maloney Page IV was previously sentenced to six months’ imprisonment on September 6, 2022, for conspiracy to bribe Siegmeister in connection with the resolution of his client’s pending criminal cases.
“As former officers of the court, who were sworn to serve the interests of the public, the defendants were rightly held to a higher standard,” said Brian Payne, IRS-CI special agent in charge. “These sentencings affirm that they egregiously betrayed the public trust placed in them in pursuit of their own selfish greed. The prison terms handed down today now hold them accountable for their criminal actions.”
“As a member of law enforcement, Jeffrey Siegmeister was given incredible power to enforce the law and ensure justice,” said FBI Jacksonville Special Agent in Charge Sherri E. Onks. “Likewise, as an officer of the court, Michael O’Steen had a duty to uphold the highest standards. However, instead of protecting the rights of citizens, both chose to abuse their positions of authority in an effort to line their own pocketbooks, and this type of activity will not be tolerated by the FBI. We will continue our work to root out any and all forms of corruption within the judicial system to ensure those who violate the public’s sacred trust are held accountable."
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigations. It was prosecuted by Assistant United States Attorneys Kelly S. Karase and David B. Mesrobian. The forfeiture was handled by Assistant United States Attorney Mai Tran.
Five Bridgeport Men Convicted of Narcotics Trafficking OffensesRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, today announced that, on October 14, a federal jury in Bridgeport found the following five men guilty of narcotics trafficking offenses:
WALLACE BEST, also known as “Coop,” 55, of Bridgeport
JEFFREY THOMAS, also known as “Zig,” 49, of Bridgeport
JASON COX, 48, of Bridgeport, and Savannah, Georgia
FRANK JAMONT BEST, also known as “JB,” and “Cash,” 49, of Bridgeport
LAMONT D. JEFFERIES, 55, of BridgeportAccording to court documents and statements made in court, in 2019, the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force began investigating an organization that was distributing heroin, fentanyl and crack cocaine in an around Bridgeport. During the investigation, Task Force members made four controlled purchases of heroin and fentanyl from Frank Best. The investigation, which included court-authorized wiretaps and hundreds of consensual recordings, revealed that Frank Best’s uncles, Wallace Best and Jeffrey Thomas, were supplying Frank Best and others with narcotics. In addition, Lamont Jefferies received heroin from Frank Best that he distributed to his own customers.
The investigation further revealed that Jeffrey Thomas worked with Jason Cox to establish a connection to Mexican-sourced drug suppliers in California who could provide kilogram quantities of narcotics for distribution on the East Coast. In December 2019, a cooperating source working in conjunction with Wallace Best, Thomas, and Cox, traveled to a Home Depot parking lot in San Diego and purchased from their suppliers 1.1 kilograms of fentanyl, cut with Xylazine, which is a veterinary sedative, and Tramadol, in exchange for $27,000. After this successful transaction, the conspirators arranged to purchase five kilograms of heroin from their Mexican suppliers. On February 10, 2020, four individuals were arrested after they arrived at the same parking lot to conduct the transaction and investigators seized a box containing approximately 4.9 kilograms of heroin. A related search of a storage locker in San Diego revealed an additional five kilograms of heroin.
The jury found Wallace Best, Thomas and Cox guilty of one count of conspiracy to distribute and to possess with intent to distribute kilogram quantities of heroin and fentanyl, and Wallace Best, Thomas, Frank Best and Jefferies guilty of conspiracy to distribute and to possess with intent to distribute heroin, fentanyl and cocaine base (“crack”). In addition, Frank Best was found guilty of five counts of possession with intent to distribute, and distribution of, heroin, fentanyl, and cocaine base. The jury also found that Wallace Best, Thomas and Cox had previously been convicted of serious drug felonies, exposing each of them to enhanced sentences.
This matter has been investigated by the DEA’s Bridgeport HIDTA Task Force with the assistance of the DEA San Diego Field Division. The DEA’s Bridgeport HIDTA Task Force includes personnel from the DEA Bridgeport Resident Office, the Connecticut State Police, and the Bridgeport, Norwalk, Stamford, Stratford, Milford and Danbury Police Departments.
The case is being prosecuted by Assistant U.S. Attorneys Karen L. Peck, Lauren C. Clark and Katherine E. Boyles through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Final Defendant Sentenced for Role in Conspiracy to Defraud U.S. Department of AgricultureRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Ghasan Awad (60, Safety Harbor) to 27 months in federal prison for conspiracy to defraud and to make false statements to the United States Department of Agriculture (“USDA”). The court also ordered Awad to make restitution to the USDA in the amount of $654,502.28.
According to court documents, Awad helped to orchestrate a conspiracy to defraud and to make false statements the USDA. Awad recruited others to assist in submitting false and fraudulent representations to the USDA that a third party was buying a St. Petersburg convenience store that Awad then owned which was enrolled to accept USDA Supplemental Nutrition Assistance (“SNAP”) program benefits.
Specifically, in 2015, after the USDA had prohibited Awad from accepting any SNAP benefit purchases and prohibited him from owning the store or even working at the store, co-defendant Bassam Al Saleh joined with his brother, Ahmad Al Saleh, and Awad to create false records and representations that Ahmad Al Saleh had bought the store and that Ahmad Al Saleh was operating it himself. In reality, Awad continued to operate and manage the store and continued to make profits from it, paying Ahmad Al Saleh a fee for the use of Al Saleh’s name as the owner of the store on USDA documents. In 2019, during the time that Awad was still operating the store under the supposed ownership of Ahmad Al Saleh, Awad committed numerous acts of SNAP benefits trafficking at the store. In those instances, Awad bought SNAP benefits from customers and paid for them in cash, in direct violation of USDA SNAP regulations. The court determined that the losses to the USDA and the SNAP program from the engagement of Awad and his co-defendants in this scheme to defraud the USDA was at least $654,502.84.
“The integrity of the Supplemental Nutrition Assistance Program (SNAP) is critical to ensure that assistance is available to those truly in need,” said Homeland Security Investigations (HSI) Tampa Assistant Special Agent in Charge John Dumas. “The combined efforts of U.S. Department of Agriculture, Office of Inspector General (USDA OIG), National Security Group, St. Petersburg Police Department and Homeland Security Investigations stopped this fraud from perpetuating.”
This case was investigated by the United States Department of Agriculture-Office of Inspector General, the USDA Food and Nutrition Service, and Homeland Security Investigations, with the assistance of the St. Petersburg Police Department. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.
Federal jury returns guilty verdict in Española carjackingRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that on Oct. 14 a federal jury returned a guilty verdict on Martin Lopez. The jury convicted Lopez, 37, of Española, New Mexico, on one count each of carjacking and brandishing a firearm during and in relation to a crime of violence.
A federal grand jury indicted Lopez on March 12, 2021.
According to court records, on Oct. 31, 2020, the victim, identified as Jane Doe 1, who had been dating Lopez, ended her relationship with him that morning. She and a friend, identified as Jane Doe 2, attempted to deliver Lopez’s belongings to his friend who worked at an O’Reilly’s Auto Parts store in Española, New Mexico. As Jane Doe 1, was retrieving Lopez’s belongings from her vehicle, Lopez appeared, threatened the women, and forced his way into the vehicle at gunpoint.
Lopez struck both victims with his gun as he drove to an apartment complex where he pushed Jane Doe 2 out of the car. Later, New Mexico State Police were able to locate the car, the victim, and Lopez. Lopez fled as law enforcement arrived.
"This meaningful verdict comes during Domestic Violence Awareness Month,” said U.S. Attorney Uballez. “Intimate partner violence affects those who are abused as well as family members, friends, co-workers, other witnesses, and the community at large. We have a duty to use all of the tools at our disposal, and work in partnership with local law enforcement, to ensure survivors have a viable path to safety and justice.”
“The FBI investigates violence that threatens to undermine the security of our communities,” said Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office. “Domestic violence is particularly egregious because it involves a person abusing someone who trusted them. We hope this verdict during Domestic Violence Awareness Month sends a clear signal this type of behavior will not be tolerated and will be thoroughly investigated and prosecuted.”
Lopez will remain in custody pending sentencing, which has not been scheduled. He faces a minimum of seven years and up to life in prison.
The FBI and the New Mexico State Police investigated this case. Assistant U.S. Attorneys Jaymie L. Roybal and Letitia Carroll Simms are prosecuting the case.
Anyone experiencing domestic violence or who knows someone experiencing domestic violence can reach an advocate at the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY). In New Mexico, the Domestic Violence Resource Center is available by telephone at (505) 843-9123 or online at https://dvrcnm.org/.
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Federal Grand Jury Issues New Indictment in Conception Boat FireRead the Press Release
LOS ANGELES – The captain of the P/V Conception – a Santa Barbara-based dive boat that caught fire near Santa Cruz Island in 2019, resulting in the deaths of 33 passengers and one crew member – was indicted today by a federal grand jury on a charge of misconduct or neglect of ship officer.
The one-count indictment naming Jerry Nehl Boylan, 68, of Santa Barbara, alleges a series of failures and the abandoning of his ship, which constituted “misconduct, gross negligence, and inattention to his duties” and led to the deaths of 34 victims.
The new indictment reinstates the charge against Boylan after a federal judge last month dismissed a previous indictment charging Boylan with the same offense because it did not allege gross negligence.
The charge of misconduct or neglect of ship officer contained in the new indictment alleges that Boylan – who “was responsible for the safety and security of the vessel, its crew, and its passengers” – failed his responsibilities in several ways, including by:
- failing to have a night watch or roving patrol;
- failing to conduct sufficient fire drills and crew training;
- failing to provide firefighting instructions or directions to crewmembers after the fire started;
- failing to use firefighting equipment, including a fire ax and fire extinguisher that were next to him in the wheelhouse, to fight the fire or attempt to rescue trapped passengers;
- failing to “to perform any lifesaving or firefighting activities whatsoever at the time of the fire, even though he was uninjured”;
- failing to use the boat’s public address system to warn passengers and crewmembers about the fire; and
- becoming the first crewmember to abandon ship “even though 33 passengers and one crewmember were still alive and trapped below deck in the vessel’s bunkroom and in need of assistance to escape.”
The Conception was a 75-foot, wood-and-fiberglass passenger vessel that docked in Santa Barbara Harbor. During a Labor Day weekend dive trip in 2019, the boat carried 33 passengers and six crew members, including Boylan. During the early morning hours of September 2, 2019, a fire broke out while the boat was anchored in Platt’s Harbor near Santa Cruz Island. The fire, which engulfed the boat and led to its sinking, resulted in the deaths of 34 people who had been sleeping below deck. Five crewmembers, including Boylan, were able to escape and survived.
Boylan will be directed to appear in the coming weeks in United States District Court for an arraignment on the new indictment.
The charge of misconduct or neglect of ship officer carries a statutory maximum penalty of 10 years in federal prison.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The FBI; the Coast Guard Investigative Service; and the Bureau of Alcohol, Tobacco, Firearms and Explosives are investigating this matter.
Assistant United States Attorneys Mark A. Williams, chief of the Environmental and Community Safety Crimes Section; Matthew W. O’Brien of the Environmental and Community Safety Crimes Section; and Brian R. Faerstein of the Public Corruption and Civil Rights Section are prosecuting this case.
Federal Grand Jury Indicts Five Peoria Illinois Residents for Wire Fraud Related to COVID Relief FundsRead the Press Release
PEORIA, Ill. – A grand jury returned indictments on October 18, 2022, against five Peoria, Illinois residents, charging them with fraud related to the Paycheck Protection Program (PPP) administered through the Small Business Administration (SBA). They are:
Kendall Mack, 25, was charged with two counts of wire fraud and two counts of false statements. The indictment alleges the offenses occurred between April and September 2021 in Peoria County.
Adrian Morris, 26, was charged with one count of wire fraud and two counts of false statements. The indictment alleges the offenses occurred between March and August 2021 in Peoria County.
Sammie Wright, 44, was charged with one count of wire fraud and two counts of false statements. The indictment alleges the offenses occurred between March and April 2021 in Peoria County.
Rasheem McCree, 37, was charged with one count of wire fraud and two counts of false statements. The indictment alleges the offenses occurred between March and August 2021 in Peoria County.
Jacolby Carlton, 29, was charged with one count of wire fraud and one count of false statements. The indictment alleges the offenses occurred between April and May 2021 in Peoria County.
Each of the individuals has been issued a summons to appear in federal court in Peoria for arraignment. If convicted, the maximum statutory penalty for each count of wire fraud is 20 years’ imprisonment, a three-year term of supervised release, $250,000 fine, and restitution. The maximum statutory penalty for each count of making a false document is 5 years’ imprisonment, three years’ supervised release, $250,000 fine, and restitution.
The investigation was conducted by the Internal Revenue Service Criminal Investigations Division and the Federal Bureau of Investigation. Criminal Chief Darilynn J. Knauss is representing the government in the prosecutions.
COVID-19 disaster relief and enhanced unemployment benefits are intended to help people and businesses suffering as a result of the pandemic. If members of the public suspect anyone fraudulently obtained or misused benefits, they should contact the National Center for Disaster Fraud (NDCF) Hotline at 1-866-720-5721 or submit the NCDF Web Complaint Form. The NCDF is a national coordinating agency within the Department of Justice’s Criminal Division dedicated to improving the detection, prevention, investigation, and prosecution of criminal conduct related to natural and man-made disasters and other emergencies, such as the coronavirus (COVID-19). Hotline staff will obtain information regarding complaints, which will then be reviewed by law enforcement officials. More information is available at https://www.justice.gov/disaster-fraud.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Evansville Felon Sentenced to 46 Months in Federal Prison for Illegal Possession of a FirearmRead the Press Release
EVANSVILLE – Sergio Rascoe, 36, of Evansville, Indiana, was sentenced to 46 months in federal prison after pleading guilty to possession of a firearm by a convicted felon. Rascoe also admitted he violated the terms of his supervised release for his prior federal conviction and was sentenced to an additional 24 months in prison for a total of 70 months.
According to court documents, on December 2, 2020, law enforcement officers obtained information that Rascoe was selling methamphetamine out of his Evansville apartment. Police saw Rascoe walk out his apartment and enter a vehicle, which was later determined to be stolen. Rascoe exited the apartment complex and drove towards Theater Drive. Officers initiated a traffic stop of Rascoe and the stolen vehicle. Rascoe was seen reaching under the driver’s seat of the vehicle during the traffic stop. Rascoe was taken into custody and asked if there were any weapons either on his person or in the vehicle. Rascoe admitted to officers that there was a gun under the driver’s seat and that officers would find his DNA on the gun. The 9mm handgun gun was recovered by police.
In 2016, Rascoe was convicted for an armed robbery in the U.S. District Court for the Western District of Missouri and sentenced to 70 months in prison and 5 years of supervision after his release. Rascoe was still serving federal supervised release for his 2016 conviction at the time of the December 2020 offense. Rascoe is prohibited from possessing firearms under federal law due to these prior felony convictions.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, and Herbert J. Stapleton, Special Agent in Charge of the FBI’s Indianapolis Field Office, and Chief Billy Bolin, of the Evansville Police Department, made the announcement.
The FBI and the Evansville Police Department investigated the case. The sentence was imposed by U.S. District Judge Richard L. Young. As part of the sentence, Judge Young ordered that Rascoe be supervised by the U.S. Probation Office for three years following his release from federal prison.
U.S. Attorney Myers thanked Assistant U.S. Attorney Lauren M. Wheatley who prosecuted this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Elliott County Man Sentenced to 100 Years for Child Exploitation OffensesRead the Press Release
ASHLAND, Ky.— An Elliott County man, Ronald Stinespring, 51, was sentenced to 100 years in federal prison on Monday, by U.S. District Judge David Bunning, after pleading guilty to three counts of using a minor to engage in sexually explicit conduct, one count of possession of material containing sexually explicit images of minors, and one count of obstruction of justice.
The investigation of this case began when a young girl knocked on a stranger’s door in Elliott County, Kentucky. The minor was dirty and appeared malnourished. She then revealed to law enforcement that she and two other females, had been repeatedly physically and sexually abused by Stinespring. She also stated she had not left Stinesping’s property in over two years. She then detailed some of the abuse she suffered there, including being made to sit on rocks for an extended period, being tied up with paracord, having water poured over her, and even being shocked with a stun gun – on the tops of her feet, in her armpits, and around her genitals.
Law enforcement then executed a series of search warrants at Stinespring’s Elliott County property, which was located approximately a mile and a half deep into the woods in a remote part of the county. As they approached the property, police encountered what they believed to be rudimentary roadblocks of logs and downed trees lying across the path. The house was a makeshift cabin constructed of clapboard and surrounded by pigs and goats. A search of the home revealed numerous electronic devices; it also revealed a fetal doppler, pregnancy tests, and birth control pills within the residence.
Stinespring’s electronic devices contained sexually explicit pictures and videos of all three victims, at times when some or all were minors. He admitted to producing these images and to possessing sexually explicit images of other minors that he obtained via the internet.
While incarcerated after his arrest, Stinespring authored a letter to one victim, attempting to coerce her into taking responsibility for the criminal conduct. The letter was sent through a third party and was written in an elaborate code consisting of a complex series of numbers. The code was ultimately broken, and the attempted obstruction of justice was discovered.
Stinespring pleaded guilty to the charges in May 2022.
Under federal law, Stinespring must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for life.
“The victims in this case suffered unspeakable mental, physical, and sexual abuse,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky. “Even in the context of child exploitation and abuse, the conduct was remarkable. Three young people were extensively and callously abused, over the course of years. While his conduct was truly appalling, fortunately, the sentence he must now serve is also noteworthy. It is our hope that it will assist the victims in their recovery from the abuse, provide them with some measure of justice, and prevent him from ever endangering other young victims again.”
"Crimes against children can be some of the most heinous crimes the FBI investigates. Innocent families are forever impacted by the perpetrators' deplorable actions," said Special Agent in Charge Jodi Cohen for the FBI Louisville Field Office. "Today's sentence is a reflection of how aggressively the FBI and our law enforcement partners will continue to pursue justice knowing children's lives are at stake."
U.S. Attorney Shier; Special Agent in Charge Cohen; and Col. Phillip Burnett, Commissioner of the Kentucky State Police, jointly announced the sentence.
The investigation was conducted by the FBI and the KSP. The United States was represented by Assistant U.S. Attorney Erin Roth.
This case was prosecuted 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 U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Driver who Killed Sheriff’s Deputy Indicted for Federal Firearms ViolationRead the Press Release
BEAUMONT, Texas – A Kountze man has been indicted for a federal firearms violation in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Michael David Miller, 38, was named in an indictment returned by a federal grand jury on Oct. 5, 2022, charging him with possession of a firearm by a prohibited person. Miller appeared in federal court before U.S. Magistrate Judge Christine L. Stetson on Oct. 17, 2022, 2022, and was ordered to be detained pending a detention hearing.
According to information presented in court, on July 10, 2022, Miller was driving a vehicle on a rural road in the Fannett community when he allegedly failed to negotiate a turn while speeding causing the vehicle to strike a drainage ditch and land on a riding lawnmower being operated by an off-duty Jefferson County Sheriff’s Deputy. The impact killed Deputy James Lee on impact. According to law enforcement officers, Miller exhibited signs of intoxication and was arrested for the state offense of intoxication manslaughter. A firearm was found in the vehicle following the incident. Further investigation revealed Miller had previously been convicted of a crime of domestic violence and is prohibited from owning or possessing firearms or ammunition.
If convicted, Miller faces up to 15 years in federal 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.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is being investigated by the Texas Department of Public Safety, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Jefferson County District Attorney’s Office and prosecuted by Special Assistant U.S. Attorney Tommy Coleman.
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Dr. Charles J. Southall, III Pleads Guilty to Money Laundering and Admits to Obtaining over $889,000 Through FraudRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that DR. CHARLES J. SOUTHALL, III, age 64, pleaded guilty today before United States District Judge Jay Zainey after previously being charged in a one-count bill of information with laundering proceeds unlawfully obtained from a wire fraud scheme, in violation of Title 18, United States Code, Sections 1957 and 2.
According to court documents, SOUTHALL has served as the Executive Pastor of First Emanuel Baptist Church (FEBC) since about 1989. FEBC maintained houses of worship in New Orleans, Louisiana, and Baton Rouge, Louisiana, owned multiple parcels of real property in New Orleans, and created housing ministry entities to provide affordable housing to low-income New Orleans residents as well as to receive income from renting some of the properties FEBC owned. As Executive Pastor, SOUTHALL led and counseled the FEBC congregation, participated in the administration and operation of charitable organizations affiliated with FEBC, including its housing ministries, and solicited donations purportedly for specific repair, developmental, and charitable projects and tithes in support of FEBC and its mission. SOUTHALL received a salary in accordance with the terms of his employment contract, as well as monetary gifts from the FEBC congregation throughout the year.
Exploiting his position as Executive Pastor, SOUTHALL defrauded FEBC and some of its members in several ways. First, SOUTHALL solicited tithes and donations from several members and then improperly diverted the money to his personal use. For example, SOUTHALL solicited a $10,000 tithe from Victim A in July 2019, the proceeds of which he deposited into his personal financial accounts and used to pay for personal expenses. Between August 2016 and July 2020, SOUTHALL solicited multiple donations from Victim B ostensibly for various charitable purposes and the improvement of FEBC’s New Orleans building. SOUTHALL improperly diverted approximately $106,408.38 of the funds Victim B donated to FEBC to financial accounts under SOUTHALL’S personal control and to pay for SOUTHALL’S personal expenses unrelated to FEBC or its mission without the knowledge or authorization of Victim B.
Second, SOUTHALL diverted approximately $150,000 of income that resulted from the rental of properties owned by FEBC and its affiliated housing ministries to his personal use and benefit without the knowledge or authorization of FEBC.
Third, SOUTHALL developed and implemented a scheme to defraud FEBC by causing real properties owned by FEBC to be sold and diverting a portion of the profit from the sale of the real properties to and for SOUTHALL’S personal benefit without the knowledge or authorization of FEBC or the FEBC Board of Trustees. In total, SOUTHALL improperly caused approximately $537,805.51 of profit from the sale of FEBC-owned real properties located on Amelia Street, Fourth Street, and Baronne Street to be diverted to SOUTHALL’S personal benefit improperly and without authorization.
Additionally, SOUTHALL and others created the Spirit of Excellence Academy for the purpose of operating a charter school in New Orleans. In about 2013, SOUTHALL secured funding to create an affiliated school in Baton Rouge. Although Spirit of Excellence received funding in the form of grants and loans, the Baton Rouge school never opened. According to rules promulgated by the State of Louisiana, Board Members of charter schools were prohibited from receiving compensation for providing services to the school other than for reimbursement of actual expenses. As President of the Board of Directors of Spirit of Excellence Academy, SOUTHALL submitted financial statements that represented he had no personal or financial interest with Spirit of Excellence Academy.
Notwithstanding these representations, in about September 2013, SOUTHALL hired Person A to be employed and compensated by Spirit of Excellence Academy for consulting work related to the creation of Spirit of Excellence Academy – Baton Rouge. Between about September 2013 and September 2017, Spirit of Excellence Academy paid Person A approximately $220,600, all of which was deposited into a financial account SOUTHALL and Person A jointly controlled. SOUTHALL regularly diverted a portion of the funds paid to Person A to SOUTHALL’S personal use, including by transferring some of the funds from one or more of the accounts he controlled jointly with Person A to other financial accounts under SOUTHALL’S sole control or by causing the funds to be used to pay SOUTHALL’S personal credit card bills. In total, between about September 2013 and September 2017, SOUTHALL improperly caused approximately $85,351.97 of the funds paid to Person A by Spirit of Excellence Academy to be diverted to SOUTHALL’S personal benefit and use in the manner described above.
In total, SOUTHALL obtained approximately $889,565.86 through his fraudulent schemes. SOUTHALL then engaged in a series of financial transactions using the proceeds of the criminally derived proceeds he obtained that included: negotiating a check in the amount of $11,841 to purchase tickets; using funds originating from the sale the Fourth Street property in the amount of $100,000 to open and fund a JPMC individual investment account for himself; negotiating a cashier’s check in the amount of $95,000 to purchase a vehicle; and negotiating a cashier’s check in the amount of $10,764.11 for the down payment of another vehicle.
As part of his guilty plea, SOUTHALL agreed to pay restitution to Spirit of Excellence Academy or its designee in the amount of $85,351.97, to FEBC in the amount of $687,805.51; to Victim A in the amount of $10,000; and Victim B in the amount of $106,408.38.
SOUTHALL faces a maximum term of imprisonment of ten (10) years in prison, up to three years of supervised release, up to a $250,000 fine, and a $100 mandatory special assessment fee. Sentencing before Judge Zainey has been scheduled for Jan. 17, 2023 at 10:00 am.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and United States Attorney’s Office, EDLA Forensic Accountant Josephine M. Beninati, CPA, CFE in this matter. Assistant United States Attorneys Jordan Ginsberg, Chief of the Public Corruption Unit, and Asset Forfeiture Coordinator Alexandra Giavotella are in charge of the prosecution.
Dominican National Admits to Participating in Conspiracy to Import Large Quantities of Cocaine from Puerto RicoRead the Press Release
PROVIDENCE – A Dominican national admitted to a federal judge on Monday that, while visiting Providence in March 2022, he participated in a criminal drug conspiracy that law enforcement alleges imported multiple packages containing a kilogram or more of cocaine, announced United States Attorney Zachary A. Cunha.
Rafael Fleury Munoz, 22, admitted that he was driven to at least two locations by other members of the conspiracy and instructed to retrieve packages of cocaine shipped from Puerto Rico via the U.S. Postal Service.
Munoz admitted that, on March 26, 2022, he attempted to retrieve a Priority Mail parcel from a U.S. Postal carrier that was sent to a residence in Providence and addressed to another person. Munoz was unsuccessful. U.S. Postal Inspection Service agents later determined that the parcel contained 1.15 kilos of cocaine. Two days later, Munoz was driven by a member of the conspiracy to a residence in Johnston where he retrieved a package addressed to him that was shipped from Puerto Rico and that contained 1.07 grams of cocaine.
Munoz pleaded guilty to conspiracy to distribute and to possess with intent to distribute 500 grams or more of cocaine; and possession with intent to distribute 500 grams or more of cocaine. He is scheduled to be sentenced on January 12, 2023. The defendant’s sentences will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant United States Attorney Denise M. Barton.
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District Election Officers Appointed to Receive Election Day ComplaintsRead the Press Release
ALEXANDRIA, Va. – United States Attorney Jessica D. Aber announced today that Assistant United States Attorneys Jordan Harvey, Avi Panth, and Anthony Mozzi, will lead the efforts of the U.S. Attorney’s Office for the Eastern District of Virginia (EDVA) in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2022, general election.
Assistant U.S. Attorney Harvey has been appointed to serve as the District Election Officers (DEO) for the Northern Virginia region, Assistant U.S. Attorney Panth for the Central Capitol region, and Assistant U.S. Attorney Mozzi for the Tidewater region. In this capacity, they are responsible for overseeing the District’s handling of Election Day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
“The ability to vote freely and without interference is the right of every eligible American,” said U.S. Attorney Aber. “In order for fair, impartial elections to take place, election officials and staff must be able to do their work in facilitating the vote without suffering threats or violence. EDVA, in partnership with the Department of Justice, has taken the measure of appointing these District Election Officers with the intent of responding rapidly and effectively to any reports of voting-related criminal conduct to ensure our district’s election process is lawful and accurate.”
The Department of Justice and EDVA have an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
In order to respond to complaints of voting rights concerns and election fraud on November 8, the DEOs will be on duty while the polls are open. From 6 a.m. to 8:30 a.m., and from 5 p.m. to 7 p.m., any calls should be directed to 703-299-3700. From 8:30 a.m. to 5 p.m., calls should be directed to the below phone numbers:
Alexandria - Assistant U.S. Attorney Jordan Harvey, 703-299-3700
Norfolk and Newport News - Assistant U.S. Attorney Anthony Mozzi, 757-441-6331
Richmond - Assistant U.S. Attorney Avi Panth, 804-819-5400
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day.
Complaints about possible violations of the federal voting rights laws can also be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
In the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia.
DOJ awards multiple grants to state, cities, counties, and non-profits in Western Washington to combat gun violence and support community safetyRead the Press Release
Seattle – U.S. Attorney Nick Brown today announced 19 U.S. Department of Justice grants totaling nearly $10 million that will support community safety, meet the needs of law enforcement, and provide a foundation for youth violence intervention programs. The grant funding is through four different DOJ programs, with the bulk of the grants awarded via the Byrne grant program.
“Each year police and sheriff’s departments identify specific needs and apply for Byrne Grant funding. These federal dollars help each department meet its local priorities,” said U.S. Attorney Nick Brown. “Western Washington organizations also obtained funding for innovative programs aimed at youth violence intervention. I’m pleased to see the Peacemaking Academy, the Children and Youth Justice Center, Burien’s Enhanced Youth Services, and the Washington Partnership on Juvenile Justice all obtained substantial federal dollars to support their work.”
The Alliance for Gun Responsibility Foundation was awarded $300,000 to support the Peacemaking Academy – a program that works to divert juveniles from the traditional court process to a transformative approach that utilizes Peacemaking Circles.
The Children and Youth Justice Center in Seattle was awarded $2 million to support the Leadership, Intervention & Change (LINC) program working with 200 at-risk youth in King County, to reduce youth gun violence and gang involvement.
The city of Burien Enhanced Youth Services program was awarded $300,000 for its violence intervention program that works with families and youth to provide therapeutic and restorative services to disrupt community violence.
Finally, nearly $1 million was awarded to Washington State Partnership Council on Juvenile Justice for its work focused on innovations and improvement to the juvenile justice system. The funds support increasing alternatives to incarceration as well as re-entry services for youth who have been incarcerated.
Ten cities, three counties and Washington State were awarded Byrne grants to support local police needs. Washington State was awarded $3.7 million which can be used to support local jurisdictions’ needs. The other Byrne grant recipients are:
- Seattle - $829,956
- Tacoma- $310,110
- Lakewood -$42,486
- Bellingham $38,840
- Bremerton -$15,979
- Lynnwood - $10,528
- Marysville - $14,207
- Everett – $37,989
- Puyallup - $11,618
- Longview - $10,664
- Kitsap County - $42,997
- Thurston County - $25,621
- Clark County - $120,575
In addition to the Byrne grant funding, the City of Seattle was awarded nearly $1 million for its body-worn camera program. The funding will help migrate and integrate the 2.1 million digital files that SPD has from its body-worn cameras. The migration to the cloud will assist in making the videos available for investigators as well and the Seattle City Attorney’s Office and King County Prosecuting Attorney’s Office.
The Byrne Grants are named in honor of New York City Police Officer Edward R. Byrne, who was killed in the line of duty on February 26, 1988. Officer Byrne was just 22 years old.
DOJ and Des Moines, Washington, dental clinic resolve complaint over Americans with Disabilities Act (ADA) violationRead the Press Release
Seattle – The U.S. Department of Justice and the Center for Endodontic Care, Inc. d/b/a Dental Specialty Clinic (DSC) have resolved a complaint that the clinic failed to provide interpretation services to a patient who is deaf, announced U.S. Attorney Nick Brown. The clinic agrees to undertake a number of improvements to ensure appropriate interpreter services for clients who are deaf. The complainant in the case will be paid $45,000 in compensation for the discrimination she suffered.
“Effective communication with patients is critical in medical and dental appointments, and auxiliary aids and services are required by law for patients who need them,” said U.S. Attorney Nick Brown. “Our office is a leader in bringing these cases on behalf of Washingtonians who are deaf or hard of hearing. I hope that providers will assess and improve their services for those who are deaf and hard of hearing before complaints, such as this one, require federal intervention.”
According to the settlement agreement the complainant scheduled emergency dental treatment with the Dental Specialty Clinic (DSC) in June 2020. The complainant had been told by her routine dentist that due to pain she was suffering, she needed to have her wisdom teeth removed and possibly one other tooth, as well as a possible root canal. DSC told the patient it was likely there would not be a sign language interpreter available. The complainant understood that she would be contacted if no interpreter was available. However, the clinic did not contact her, and when she arrived for treatment, there was no interpreter. She was unaware that she agreed to the removal of seven teeth which caused her significant physical pain and emotional distress.
In addition to the $45,000 in compensation to the patient, DSC agrees to institute new procedures such as using an effective communication intake form with each patient and keeping that information in each patient file. The clinic will contract with a qualified interpreter services provider to ensure that there are sign language interpretation services either in person or by video during its hours of operation. The clinic agrees not to use a family member for such interpretation services unless it is an emergency of imminent threat to safety, or if the patient requests that the family member provide interpretation. The clinic will post notices about its interpretation services in the clinic and on its website.
The clinic has agreed to provide training for all its employees about the new procedures, record keeping, and ways to access the interpretation services. For three years the clinic will provide reports and records, and copies of any complaints, to the U.S. Attorney’s Office to ensure the clinic is complying with this agreement.
For more information about our office’s civil rights program, or to file a complaint, go to: https://www.justice.gov/usao-wdwa/civil-rights
The clinic cooperated fully with the investigation by the U.S. Attorney’s Office. The settlement was negotiated by Assistant United States Attorney Matt Waldrop.
Convicted Felon Sentenced to Ten Years in Prison for Possessing Drugs and FirearmRead the Press Release
TALLAHASSEE, FLORIDA – Johntavious Tiller, 31, of Wewahitchka, Florida, was sentenced to ten years in federal prison followed by five years of supervised release after being convicted at jury trial of possession with intent to distribute heroin and methamphetamine and possession with intent to distribute cocaine and pleading guilty to possession of a firearm in furtherance of a drug trafficking offense. The sentence was announced by Jason R. Coody, United States Attorney for the Northern District of Florida.
“I am proud of our federal, state, and local partners for their tireless efforts to keep us safe and serve a critical role in our efforts to remove addictive and deadly controlled substances from our communities,” stated U.S. Attorney Coody. “We will continue to support the efforts our law enforcement partners as we work together to investigate and prosecute criminals bringing drugs into North Florida.”
On September 21, 2019, officers of the Panama City Police Department arrested Tiller after discovering nine small baggies of methamphetamine, a small baggie of heroin, a small digital scale, and a .45 caliber pistol during a traffic stop.
After bonding out of state custody, Tiller was arrested on October 29, 2019, by officers of the Bay County Sheriff’s Office in possession of 31 small baggies of cocaine and a .44 caliber revolver.
The Bureau of Alcohol, Tobacco and Firearms adopted the case for federal prosecution and conducted additional investigation. Tiller had eleven prior felony convictions, including multiple convictions for drug and firearm offenses. Tiller had only been out of prison for six months at the time of the September 21, 2019, offense. Tiller was determined to qualify as a Career Offender, which provided for an enhanced sentence.
This sentencing resulted from the collaborative work of the Panama City Police Department, the Bay County Sheriff’s Office, the Panama City Beach Police Department, the Bureau of Alcohol, Tobacco, and Firearms, and the Florida Department of Law Enforcement. The case was prosecuted by Assistant United States Attorney James A. McCain.
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.
As part of its PSN strategy, the United States Attorney’s Office is encouraging everyone to lock their car doors, particularly at night. Burglaries from unlocked automobiles are a significant source of guns for criminals in the Northern District of Florida. Please do your part and protect yourself by locking your car doors.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office for the Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html
Convicted Felon Sentenced to over Two Years in Prison for Possessing A Loaded FirearmRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Raymond Reeves (22, Jacksonville) to 27 months in federal prison for possessing a firearm as a convicted felon. The court also ordered Reeves to forfeit a Taurus 9mm pistol that was used in the offense. Reeves had pleaded guilty on July 22, 2022.
According to court documents, Reeves was arrested by officers from the Jacksonville Sheriff’s Office (JSO) after he was observed driving recklessly. After the traffic stop, JSO officers arrested Reeves and recovered a loaded 9mm pistol from the floorboard of his car. Reeves had a prior conviction for armed carjacking and had been released from prison in 2020. As a convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Frank Talbot and was previously prosecuted by Special Assistant United States Attorney Cyrus Zomorodian. Assistant United States Attorney Mai Tran is handling the forfeiture of assets.
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.
Citizen of Mexico Indicted for Attempted Possession of FentanylRead the Press Release
PITTSBURGH, PA – A resident of Sinaloa, Mexico, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal drug laws, United States Attorney Cindy K. Chung announced today.
The one-count Indictment named Eduardo Rosario Acosta Montoya, age 21, formerly of Culiacan, Sinaloa, Mexico, as the sole defendant.
According to the Indictment presented to the court, on or about Sept. 21, 2022, Acosta Montoya knowingly attempted to possess with intent to distribute 400 grams or more of fentanyl.
The law provides for a maximum total sentence of not less than 10 years in prison, a fine of not more than $10,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Katherine C. Jordan is prosecuting this case on behalf of the government.
The United States Postal Inspection Service conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Chinese Foreign National Attending Southeast Missouri State University Sentenced to 7 Years in Prison for Possessing Child PornographyRead the Press Release
CAPE GIRARDEAU - The United States Attorney's Office announced that Haoyu Wang, age 29, has been sentenced to serve seven years in federal prison for the offense of Possession of Child Pornography. Wang appeared for his sentencing hearing Monday before United States District Judge Stephen R. Clark at the federal courthouse in Cape Girardeau, Missouri.
According to court documents, law enforcement officials executed a search warrant at Wang’s residence in January 2021 after developing probable cause that he was uploading videos containing child pornography. Wang, a citizen of the People’s Republic of China, was attending Southeast Missouri State University on a student visa at the time. Numerous items were seized from Wang’s residence, including his cell phone and computer. Investigators subsequently discovered a large volume of child pornography on the devices. At his guilty plea hearing earlier this year, Wang admitted that he downloaded the material over the internet. After serving his sentence, Wang will be deported back to China.This case was investigated by the Federal Bureau of Investigation and the Missouri State Highway Patrol.
Carter Healthcare Affiliates and Two Senior Managers to Pay $7.175 Million to Resolve False Claims Act Allegations for False Florida Home Health BillingsRead the Press Release
Carter Healthcare LLC, an Oklahoma-based for-profit home health provider, its affiliates CHC Holdings and Carter-Florida (collectively Carter Healthcare), and their President Stanley Carter and Chief Operations Officer Bradley Carter have agreed to pay $7.175 million to resolve allegations that they violated the False Claims Act by billing the Medicare program for medically unnecessary therapy provided to patients in Florida. Bradley Carter will pay $175,000, Stanley Carter will pay $75,000, and Carter Healthcare will pay the remaining $6.925 million of the settlement.
Between 2014 and 2016, Carter Healthcare allegedly billed the Medicare Program knowingly and improperly for home healthcare to patients in Florida based on therapy provided without regard to medical necessity and overbilled for therapy by upcoding patients’ diagnoses.
“Payment under Medicare for home health care is permitted only for those who provide medically necessary services to eligible beneficiaries,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “As this settlement demonstrates, the Department is committed to ensuring that providers bill only for appropriate procedures and amounts.”
“Medicare fraud costs our taxpayers billions annually,” said U.S. Attorney Juan Antonio Gonzalez Attorney for the Southern District of Florida. “These overpayments drain the Medicare trust fund and unfairly raise the premiums our senior citizens must pay. We take this fraudulent activity very seriously and will continue to prosecute it to the fullest extent of the law.”
“This settlement is a stark reminder to home health providers that our agents are working tirelessly with the Department of Justice to pursue providers that inappropriately bill federal health care programs to boost profits, as alleged here,” said Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services Office of Inspector General (HHS OIG), Miami Regional Office. “Our agency will not hesitate to investigate such allegations to protect federal health care programs and the patients served by these programs.”
Both Stanley Carter and Bradley Carter agreed to be excluded from participation in all Federal health care programs for a period of five years pursuant to 42 U.S.C. § 1320a-7(b)(7), the statutory authority to exclude from federal health programs individuals or entities who engaged in fraud or kickbacks.
Carter Healthcare also agreed to be bound by the terms of a corporate integrity agreement with the Department of Health and Human Services – Office of Inspector General that requires the company to implement compliance measures designed to avoid or promptly detect conduct similar to that which gave rise to the settlement.
The settlement includes the resolution of an action brought by Sharon Mahaffey and Mark Brimer, therapists formerly employed by Carter Healthcare, under the qui tam or whistleblower provisions of the False Claims Act. These provisions permit a private party to file an action on behalf of the United States for false claims and receive a portion of any recovery. The case is captioned U.S. ex rel. Mahaffey and Brimer v. Carter Healthcare, Stanley Carter and Brad Carter, CV 16-80459 MARRA (S.D. Fla.). Mahaffey and Brimer will together receive $1.3 million as their share of the settlement.
Contemporaneous with the settlement announced today, Carter Healthcare has agreed to pay an additional $22,948,004.54 to resolve another qui tam action captioned U.S. ex rel. Duffield et al. v. CHC Holdings, LLC et al., Case No. 17-CV-826-HE (W.D. Okla.), brought in the Western District of Oklahoma, which alleged that Carter Healthcare improperly paid remuneration to its home health medical directors in Oklahoma and Texas for the purpose of inducing referrals of Medicare and TRICARE home health patients between 2013 and 2020.
The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement, can be reported to the Department of Health and Human Services (HHS), at 800-HHS-TIPS (800-447-8477).
The United States’ investigation of this matter was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Southern District of Florida and the U.S. Department of Health and Human Services Office of Inspector General.
Trial Attorney Gregory Mason of the Civil Division’s Fraud Section and Assistant U.S. Attorneys James A. Weinkle and John Spaccarotella for the Southern District of Florida handled the matter.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Carter Healthcare Affiliates and Two Senior Managers to Pay $7.175 Million to Resolve False Claims Act Allegations for False Florida Home Health BillingsRead the Press Release
MIAMI – Carter Healthcare LLC, an Oklahoma-based for-profit home health provider, its affiliates CHC Holdings and Carter-Florida (collectively Carter Healthcare), and their President Stanley Carter and Chief Operations Officer Bradley Carter have agreed to pay $7.175 million to resolve allegations that they violated the False Claims Act by billing the Medicare program for medically unnecessary therapy provided to patients in Florida. Bradley Carter will pay $175,000, Stanley Carter will pay $75,000, and Carter Healthcare will pay the remaining $6.925 million of the settlement.
Between 2014 and 2016, Carter Healthcare allegedly billed the Medicare Program knowingly and improperly for home healthcare to patients in Florida based on therapy provided without regard to medical necessity and overbilled for therapy by upcoding patients’ diagnoses.
“Medicare fraud costs our taxpayers billions annually,” said Juan Antonio Gonzalez, U.S. Attorney for the Southern District of Florida. “These overpayments drain the Medicare trust fund and unfairly raise the premiums our senior citizens must pay. We take this fraudulent activity very seriously and will continue to prosecute it to the fullest extent of the law.”
“Payment under Medicare for home health care is permitted only for those who provide medically necessary services to eligible beneficiaries,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “As this settlement demonstrates, the Department is committed to ensuring that providers bill only for appropriate procedures and amounts.”
“This settlement is a stark reminder to home health providers that our agents are working tirelessly with the Department of Justice to pursue providers that inappropriately bill federal health care programs to boost profits, as alleged here,” said Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services Office of Inspector General (HHS OIG), Miami Regional Office. “Our agency will not hesitate to investigate such allegations to protect federal health care programs and the patients served by these programs.”
Both Stanley Carter and Bradley Carter agreed to be excluded from participation in all Federal health care programs for a period of five years pursuant to 42 U.S.C. § 1320a-7(b)(7), the statutory authority to exclude from federal health programs individuals or entities who engaged in fraud or kickbacks.
Carter Healthcare also agreed to be bound by the terms of a corporate integrity agreement with the Department of Health and Human Services – Office of Inspector General that requires the company to implement compliance measures designed to avoid or promptly detect conduct similar to that which gave rise to the settlement.
The settlement includes the resolution of an action brought by Sharon Mahaffey and Mark Brimer, therapists formerly employed by Carter Healthcare, under the qui tam or whistleblower provisions of the False Claims Act. These provisions permit a private party to file an action on behalf of the United States for false claims and receive a portion of any recovery. The case is captioned U.S. ex rel. Mahaffey and Brimer v. Carter Healthcare, Stanley Carter and Brad Carter, CV 16-80459 MARRA (S.D. Fla.). Mahaffey and Brimer will together receive $1.3 million as their share of the settlement.
Contemporaneous with the settlement announced today, Carter Healthcare has agreed to pay an additional $22,948,004.54 to resolve another qui tam action captioned U.S. ex rel. Duffield et al. v. CHC Holdings, LLC et al., Case No. 17-CV-826-HE (W.D. Okla.), brought in the Western District of Oklahoma, which alleged that Carter Healthcare improperly paid remuneration to its home health medical directors in Oklahoma and Texas for the purpose of inducing referrals of Medicare and TRICARE home health patients between 2013 and 2020.
The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services (HHS), at 800-HHS-TIPS (800-447-8477).
The United States’ investigation of this matter was handled by the U.S. Attorney’s Office for the Southern District of Florida, the Civil Division’s Commercial Litigation Branch, and the U.S. Department of Health and Human Services Office of Inspector General.
Assistant U.S. Attorneys James A. Weinkle and John Spaccarotella, and Trial Attorney Gregory Mason of the Civil Division’s Fraud Section handled the matter.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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.
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Career Offender in the U.S. Illegally Sentenced to 10 Years in Federal Prison on Drug Trafficking, Firearm, and Immigration ChargesRead the Press Release
PROVIDENCE – A Dominican national previously deported in 2004 following his conviction and incarceration on drug trafficking charges was sentenced on Monday to ten years in federal prison on illegal reentry, drug trafficking, and firearm charges, announced United States Attorney Zachary A. Cunha.
Stevens Morales Rivera, 47, was arrested by members of the Rhode Island DEA Drug Task Force in October 2021, following a Project Safe Neighborhoods investigation into his renewed drug trafficking activity. A court-authorized search of the defendant’s residence at the time of his arrest yielded 13 pounds (6.53 kilograms) of cocaine; 2.2 pounds (1 kilogram) of fentanyl; a 25 caliber, semi-automatic handgun; a pill press; and $8,995 in cash. The drugs and firearm were located unsecured and easily accessible in a bedroom adjacent to a room where two small children were present when law enforcement entered the residence.
At the time of his arrest, Morales Rivera was found to have fingerprints on file with law enforcement under a different name. He was also found to have criminal records under two names, including a conviction in Massachusetts for trafficking cocaine, and he had previously been deported and reentered the United States illegally.
Morales Rivera pleaded guilty on April 7, 2022, to possession of cocaine with the intent to distribute; possession of a firearm by a prohibited person; and illegal re-entry to the United States following removal. He was sentenced on Monday by U.S. District Court Judge Mary S. McElroy to 120 months in federal prison to be followed by five years of federal supervised release. He will face deportation proceedings once he completes his term of incarceration.
The case was prosecuted by Assistant U.S. Attorney G. Michael Seaman.
The Rhode Island DEA Drug Task Force is comprised of personnel from the DEA; United States Postal Service Office of Inspector General; Rhode Island Attorney General’s Office Bureau of Criminal Identification and Investigation; Rhode Island State Police; the East Providence, Cranston, Coventry, Newport, North Kingstown, Pawtucket, Providence, South Kingstown, Warwick, West Warwick, and Woonsocket Police Departments; and Amtrak Police Department.
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.
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Career Criminal Sentenced for Distributing CocaineRead the Press Release
NORFOLK, Va. – A Portsmouth man was sentenced today to 150 months in prison for distributing cocaine after previously receiving at least two felony convictions for controlled substance offenses.
According to court documents, Craig Antonio Dawson, 51, helped co-conspirator Charles Boomer, 46, of Portsmouth, operate a drug stash house in Portsmouth across the street from an elementary school. On September 17, 2018, this location was the site of an attempted armed robbery where a third co-conspirator, Keith Redman, 27, also of Portsmouth, was shot. Police caught the three of them in a car, with Boomer sitting on wholesale amounts of crack cocaine, powder cocaine, and marijuana. The officers also recovered a gun used in the shooting on the floorboard within reach of all three of them. When Boomer exited the car, the arresting officer observed cash falling out of his pant legs and recovered more cash and the magazine matching the gun from his pockets. Dawson had additional crack cocaine in his pocket.
Dawson and Boomer were arrested then released from jail within the next week or two. By the next summer, they had moved to another drug stash house in Portsmouth and been the subject of three controlled buys of cocaine coordinated by law enforcement. Investigators searched the residence, recovering even more crack and powder cocaine.
In 2020, Boomer and Redman were sentenced to 16 years and 10 years in prison respectively for their role in the conspiracy. Since 2018, four additional defendants, all from Portsmouth, have been sentenced in connection with this case. For their roles in the conspiracy, Michael Howard, 42, was sentenced to 108 months, William Peele, 48, was sentenced to 121 months, Antonio Brown, 47, was sentenced to 210 months, and Roman Hurdle, 43, was sentenced to 108 months.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Jarod Forget, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Division; and Stephen Jenkins, Interim Chief of Portsmouth Police, made the announcement after sentencing by Senior U.S. District Judge Raymond A. Jackson.
Assistant U.S. Attorney William Jackson prosecuted the case.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF). Dawson is the final defendant to be sentenced under OCDETF Operation Promotional Deceit. This operation resulted in seven convictions, more than 84 years in prison sentences, and multiple kilograms of heroin, crack cocaine, and powder cocaine removed from the streets.
The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to the federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:22-cr-31.
California Woman Sentenced to More Than Four Years in Prison for Trafficking FentanylRead the Press Release
BOSTON – A California woman was sentenced yesterday in connection with travelling across the country to deliver fentanyl to an undercover officer.
Adelaida Yudit Garibay, 46, of Burbank, Calif., was sentenced by U.S. Senior District Court Judge Mark L. Wolf to 57 months in prison and five years of supervised release. On June 9, 2022, Garibay pleaded guilty to one count of possession with intent to distribute 400 grams or more of fentanyl.
In September 2021, Garibay drove from California to Boston to deliver two kilograms of fentanyl to an individual who was an undercover officer. On Sept. 29, 2021, officers observed Garibay picking up fentanyl in Jamaica Plain and then get into a ride-sharing vehicle prior to her scheduled meeting with the undercover officer. During a subsequent traffic stop, two kilograms of fentanyl were found inside the vehicle in a bag at Garibay’s feet.
United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement. Valuable assistance with the investigation was provided by the Boston Police Department. Assistant U.S. Attorney Samuel R. Feldman of Rollins’ Narcotics & Money Laundering Unit prosecuted the case.
Boston Man Sentenced for Trafficking CocaineRead the Press Release
BOSTON – A Boston man has been sentenced for his role in a cocaine trafficking conspiracy.
Jean Aman, 36, was sentenced on Oct. 13, 2022 by U.S. District Court Judge Denise J. Casper to eight years in prison and four years of supervised release. On April 7, 2022, Aman pleaded guilty to conspiracy to distribute and to possess with intent to distribute 500 grams or more of cocaine.
Aman was charged along with 24 others as part of Operation Snowfall. According to the charging documents, beginning in November 2018, law enforcement investigated drug trafficking activities by Boston-based street gang members and associates in the Commonwealth Development in Brighton, formerly known as Fidelis Way, a multi-apartment public housing development. It is alleged that the defendants, through their drug trafficking activities, assumed control over multiple apartments, where they stored, cooked, packaged and sold drugs. As a result, their activities caused a blight of the development and reduced the quality of life of the other residents.
Aman was identified as a drug runner and drug distributor for one of the main cocaine suppliers in the drug trafficking conspiracy. Intercepted communications and surveillance revealed Aman coordinated drug deals and participated in drug trafficking conduct, including meeting with a main cocaine supplier. A traffic stop following an observed cocaine deal recovered 62 grams of crack cocaine from Aman. During a subsequent search of Aman’s residence, magazine clips and ammunition, over 350 grams of cocaine, over 150 grams of cocaine base and over $195,000 in cash were recovered. In total, Aman was responsible for distributing approximately over one kilogram of cocaine base and nearly 400 grams of cocaine.
Aman is the third defendant to be sentenced in the Fidelis-Way related drug conspiracy. The remaining defendants are either pending sentencing or have pleaded not guilty and are pending trial. One defendant, Derek Hart, remains at large.
First Assistant United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Douglas Bartlett, Acting U.S. Marshal for the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Boston Police Commissioner Michael Cox made the announcement. Assistance with the investigation was provided by the Braintree, Cambridge, Canton, Randolph and Weymouth Police Departments; the Suffolk, Norfolk and Bristol County District Attorneys’ Offices; and the Suffolk, Plymouth and Norfolk County Sheriffs’ Office. Assistant U.S. Attorneys Kaitlin R. O’Donnell and Timothy E. Moran of the Organized Crime & Gang Unit prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boise Man Sentenced to 30 Years for Producing Child PornographyRead the Press Release
BOISE – Zane Beckman, 29, of Boise, was sentenced to 360 months in federal prison for producing child pornography, U.S. Attorney Josh Hurwit announced today.
According to court records, the investigation began in April of 2020, when the Idaho Internet Crimes Against Children (“ICAC”) Task Force received a report that Beckman had communicated online with a 10-year-old child in Texas and solicited explicit images from her. In August of 2020, ICAC, and other members of law enforcement, executed a federal search warrant at Beckman’s Boise residence and seized his electronic devices. On his cellphone, ICAC located explicit images of a 4-year-old child and an 8-year-old child that Beckman had produced at his Boise residence. ICAC also located evidence that Beckman had communicated online with other minors and had solicited, and received, explicit images from them. ICAC located hundreds of other images of child pornography on Beckman’s cellphone and other electronic devices.
Chief United States District Judge David C. Nye also ordered Beckman to serve a lifetime term supervised release following his prison sentence, to forfeit the electronic devices that were used to commit the offense, and to pay $69,053.12 in restitution to the victims in the images he produced and possessed. Beckman also paid $68,000 in lieu of forfeiture of his residence. As a result of the conviction, Beckman will be required to register as a sex offender.
“This sentence sends the message that significant time in federal prison awaits those who produce, distribute, or possess child pornography,” U.S. Attorney Hurwit said. “We will continue to vigorously pursue anyone involved in these crimes. And this case highlights the importance of the partnership between local, state, and federal law enforcement agencies in rooting out this evil and protecting our children.”
U.S. Attorney Hurwit, of the District of Idaho commended the cooperative efforts of the Idaho Internet Crimes Against Children Task Force, Federal Bureau of Investigation, United States Postal Inspection Service, Boise Police Department, and Garland Police Department in Texas which led to charges.
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. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal 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.
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Birmingham Attorney Pleads Guilty to Possession of Child PornographyRead the Press Release
BIRMINGHAM, Ala. – Chase Tristian Espy, 36, pleaded guilty to possession of child pornography arising out of events that occurred from March 2021 to August 2021, announced United States Attorney Prim F. Escalona and Federal Bureau of Investigation Acting Special Agent in Charge Felix A. Rivera-Esparra.
U.S. District Judge Annemarie Carney Axon accepted the plea and set sentencing for January 24, 2023, at 9:00 a.m.
The plea agreement filed states the investigation was initiated when Espy engaged in online chats with undercover law enforcement whom Espy believed was a 15-year-old girl. Upon being arrested, Espy’s cell phone was seized, and a search warrant was obtained. From this search, approximately 69 videos and four images of child sexual abuse material were found.
“The hard work of the agents involved in this case reflect how local, state, and federal law enforcement are committed to protecting children from predators,” U.S. Attorney Escalona said. “Possessing child pornography is not a ‘victimless’ crime. Each time images of the innocent are shared or viewed, the child is re-victimized.”
“The FBI is committed to protecting our children from sexual abuse and exploitation, and we will continue to work with our partners to bring to justice those who would prey on our most vulnerable,” Acting Special Agent in Charge Rivera said. “I want to thank the members of the FBI Birmingham Child Exploitation & Human Trafficking Task Force and our partners for their outstanding work in this case.”
Possession of Child Pornography carries a maximum punishment of 20 years in prison. The U.S. Attorney’s Office will seek imprisonment of Espy consistent with the high end of the advisory United States Sentencing Guideline range as calculated by the Court at the time of sentencing.
The FBI Birmingham’s Child Exploitation Human Trafficking Task Force (CEHTTF), the Homewood Police Department, and the Alabama Law Enforcement Agency (ALEA) participated in this investigation. Assistant U.S. Attorneys R. Leann White and Jonathan Cross are prosecuting the case.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Billings man caught with 10 pounds of meth in vehicle sentenced to five years in prisonRead the Press Release
BILLINGS — A Billings man who admitted to trafficking drugs after he broke into the Drug Enforcement Administration’s building to see if agents had found the 10 pounds of meth hidden in his truck was sentenced today to five years in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said.
Anthony Jacob Johnson, 43, pleaded guilty in April to possession with intent to distribute meth.
U.S. District Judge Dana L. Christensen presided.
In court documents, the government alleged that in January 2021, an investigation into methamphetamine distributing led to Johnson as a source of supply. Agents determined that Johnson traveled to Colorado in March and again in April 2021. Upon Johnson’s return to Montana, a Montana Highway Patrol trooper conducted a traffic stop of Johnson’s vehicle. Agents executed a search warrant on the vehicle and located 10 vacuumed sealed bricks of meth. The bricks totaled approximately 10.39 pounds of meth, which is the equivalent of about 37,653 doses. In the early morning, the DEA discovered a large hole in a garage door at its facility. Evidence showed that Johnson had gone to the facility the night before, cut a large hole in the garage and entered his seized vehicle while it was in DEA’s custody, hoping agents had not located the meth. Johnson admitted he distributed approximately 80 pounds to 100 pounds of meth in the community over five months.
Assistant U.S. Attorney Julie R. Patten prosecuted the case, which was investigated by the DEA and Montana Division of Criminal Investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Berkeley County man sentenced for firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Daniel Kion Garrison, of Martinsburg, West Virginia, was sentenced today to 27 months of incarceration for a firearms charge, United States Attorney William Ihlenfeld announced.
Garrison, 30, pleaded guilty in July 2022 to one count of “Aiding and Abetting False Statement During Purchase of Firearm.” Garrison admitted to working with another to illegally purchase a .380 caliber pistol from a licensed dealer in Berkeley County in May 2021.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, & Explosives investigated.
U.S. District Judge Gina M. Groh presided.
Arizona couple indicted for attempting to extort Georgia TechRead the Press Release
ATLANTA - Ronald Bell was arraigned before Magistrate Judge Regina Cannon on charges arising from a conspiracy to extort the Georgia Institute of Technology by falsely claiming an individual associated with its basketball program committed sexual assault. Bell and co-defendant Jennifer Pendley were indicted on these charges by a federal grand jury on August 24, 2022.
“The defendants are alleged to have falsely accused Georgia Tech’s coach of sexual assault,” said U.S. Attorney Ryan K. Buchanan. “They then demanded a large payment in exchange for a retraction of the claim. The Federal Bureau of Investigation and our other federal law enforcement partners are especially proficient in exposing false allegations designed to extort money. Individuals who attempt to perpetrate such criminal schemes at the expense of law-abiding citizens will be caught and prosecuted.”
“Once again, greed does not pay,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “These defendants sought to damage the reputations of the institution and coach for their own financial gain. The FBI will not stop in bringing people who try and commit this type of fraud to justice. “
According to U.S. Attorney Buchanan, the indictment, and other information presented in court: Ronald Bell and his girlfriend, Jennifer Pendley, allegedly conspired with each other, and a Georgia Tech security guard, to falsely accuse an individual associated with Georgia Tech’s men’s basketball team of sexual assault. Bell is alleged to have recruited the security guard to claim falsely that he witnessed an assault of Pendley. Pendley filed a lawsuit claiming sexual battery, sexual assault, and intentional infliction of emotional distress.
Bell allegedly told the security guard that the false accusation of sexual assault could be worth $20 million and promised the guard a share of the money. Bell is also alleged to have communicated with representatives of Georgia Tech and demanded money in exchange for not reporting the claimed sexual assault. Ultimately, the security guard admitted to law enforcement that his statements were false and that Bell asked him to participate in the scheme to support the false sexual assault claim.
The indictment alleges Ronald Bell, 56, and Jennifer Pendley, 50, both from Oro Valley, Arizona, committed conspiracy to transmit a threat interstate, conspiracy to extort property from another, and attempted extortion. Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Christopher J. Huber is 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.